Final Draft - Borough of Franklin Park Zoning Ordinance

Borough of Franklin Park
Zoning Ordinance
Adopted March 20, 2013
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Table of Contents
Table of Contents ................................................................................................................ 2
ARTICLE 100. General Provisions .................................................................................... 8
§ 212-101. Titles. ............................................................................................................ 8
§ 212-102. Intent. ............................................................................................................ 8
§ 212-103. Statement of Community Objectives. ........................................................... 8
§ 212-104. Conformity and Permits Required. ............................................................... 8
§ 212-105. More Restrictive Standards to Prevail. ......................................................... 9
§ 212-106. Public Utility Lines. ...................................................................................... 9
§ 212-107. All Uses to be on Zoning Lots. ..................................................................... 9
§ 212-108. Alteration of Conforming Uses to Nonconforming Uses Prohibited. .......... 9
§ 212-109. Classification of Annexations. ...................................................................... 9
§ 212-110. Repealer. ....................................................................................................... 9
ARTICLE 200. Definitions and Word Usage ................................................................... 10
§ 212-201. Word Usage. ............................................................................................... 10
§ 212-202. Definitions. ................................................................................................. 10
§ 212-203. Area and Bulk Regulation Terms Illustrated. ............................................. 31
ARTICLE 300. Zoning Districts and the Zoning Map ..................................................... 32
§ 212-301. Districts Established. .................................................................................. 32
§ 212-302. Classes of Districts. .................................................................................... 32
§ 212-303. Zoning Map. ............................................................................................... 32
§ 212-304. Interpretation of District and Overlay Boundaries. .................................... 32
ARTICLE 400. Use Regulations. ..................................................................................... 34
§ 212-401. Use to Conform to Indicated Purposes. ...................................................... 34
§ 212-402. Manner of Indicating Whether Uses are Permitted. ................................... 34
§ 212-403. Applicability of Other Regulations............................................................. 34
§ 212-404. Tables of Use Regulations. ......................................................................... 34
ARTICLE 500. Area and Bulk Requirements .................................................................. 39
§ 212-501. Residential Uses Area and Bulk Requirements Table. ............................... 39
§ 212-502. Non-Residential Uses Area and Bulk Requirements Table. ....................... 39
§ 212-503. Required Yards to Apply to One (1) Building. .......................................... 39
§ 212-504. Reserved ..................................................................................................... 39
§ 212-505. Property Applied to One (1) Set of Dimensional Requirements. ............... 39
§ 212-506. Minimum Lot Size; Computing Lot Size. .................................................. 40
§ 212-507. Existing Lots of Inadequate Size. ............................................................... 40
§ 212-508. Minimum Lot Width. .................................................................................. 40
§ 212-509. Minimum Front Yard Depths. .................................................................... 40
§ 212-510. Average Existing Front Yard Depth Exceptions. ....................................... 40
§ 212-511. Projections into Front Yards. ...................................................................... 41
§ 212-512. Fences, Walls, Terraces and Porches in Front Yards. ................................ 41
§ 212-513. Use of Required Side Yards. ...................................................................... 41
§ 212-514. Projections into Side Yards. ....................................................................... 41
§ 212-515. Fences, Terraces and Porches in Side Yards. ............................................. 41
§ 212-516. Accessory Buildings and Structures. .......................................................... 41
§ 212-517. Building in Rear Yards. .............................................................................. 42
§ 212-518. Projections into Rear Yards. ....................................................................... 42
§ 212-519. Minimum Height of Structure Other Than Buildings ................................ 42
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ARTICLE 600. R-1 Low Density Residential District ..................................................... 43
§ 212-601. Purpose. ...................................................................................................... 43
§ 212-602. Permitted Principal Uses, Conditional Uses and Accessory Uses.............. 43
§ 212-603. Area and Bulk Standards. ........................................................................... 43
§ 212-604. Supplementary Regulations. ....................................................................... 43
ARTICLE 700. R-2 Medium Density Residential District ............................................... 44
§ 212-701. Purpose. ...................................................................................................... 44
§ 212-702. Permitted Principal Uses, Conditional Uses and Accessory Uses.............. 44
§ 212-703. Area and Bulk Standards. ........................................................................... 44
§ 212-704. Supplementary Regulations. ....................................................................... 44
ARTICLE 800. R-3 Multi-Family Residential District .................................................... 45
§ 212-801. Purpose. ...................................................................................................... 45
§ 212-802. Permitted Principal Uses, Conditional Uses and Accessory Uses.............. 45
§ 212-803. Area and Bulk Standards. ........................................................................... 45
§ 212-804. Supplementary Regulations. ....................................................................... 45
ARTICLE 900. R-4 High Density Multi-Family Residential District .............................. 46
§ 212-901. Purpose. ...................................................................................................... 46
§ 212-902. Permitted Principal Uses, Conditional Uses and Accessory Uses.............. 46
§ 212-903. Area and Bulk Standards. ........................................................................... 46
§ 212-904. Supplementary Regulations. ....................................................................... 46
ARTICLE 1000. M-1 Low Intensity Mixed Use Residential and Commercial District .. 47
§ 212-1001. Purpose. .................................................................................................... 47
§ 212-1002. Permitted Principal Uses, Conditional Uses and Accessory Uses............ 47
§ 212-1003. Area and Bulk Standards. ......................................................................... 47
§ 212-1004. Supplementary Regulations. ..................................................................... 47
ARTICLE 1100. M-2 Medium Intensity Mixed Use Residential, Commercial and
Manufacturing District ........................................................................... 48
§ 212-1101. Purpose. .................................................................................................... 48
§ 212-1102. Permitted Principal Uses, Conditional Uses and Accessory Uses............ 48
§ 212-1103. Area and Bulk Standards. ......................................................................... 48
§ 212-1104. Supplementary Regulations. ..................................................................... 48
§ 212-1105. Special Regulations for the M-2 District. ................................................. 48
§ 212-1106. Applicability. ............................................................................................ 48
§ 212-1107. Reserved. ...................................................................................................49
§ 212-1108. Access Management Requirements. ......................................................... 49
§ 212-1109. Building Design Standards. ...................................................................... 53
ARTICLE 1200. M-3 High Intensity Mixed Use Residential, Commercial and
Manufacturing District ........................................................................... 63
§ 212-1201. Purpose. .................................................................................................... 63
§ 212-1202. Permitted Principal Uses, Conditional Uses and Accessory Uses............ 63
§ 212-1203. Area and Bulk Standards. ......................................................................... 63
§ 212-1204. Supplementary Regulations. ..................................................................... 63
ARTICLE 1300. Transition Overlay ................................................................................ 64
§ 212-1301. Purpose. .................................................................................................... 64
§ 212-1302. Review Procedures. .................................................................................. 64
§ 212-1303. Use Regulations. ....................................................................................... 64
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§ 212-1304. General Conditional Use Approval Standards.......................................... 65
§ 212-1305. Performance Standards for Approval of Conditional Uses. ..................... 65
§ 212-1306. Boundaries of the Transition Overlay. ..................................................... 68
ARTICLE 1400. Reserved. ............................................................................................... 69
ARTICLE 1500. Natural Resources Protection Requirements ......................................... 70
§ 212-1501. Purpose. ..................................................................................................... 70
§ 212-1502. General Provisions. ................................................................................... 70
§ 212-1503. Flood Plain Protection. ............................................................................. 71
§ 212-1504. Protection of Steep Slopes. ....................................................................... 71
§ 212-1505. Riparian Buffers. ...................................................................................... 71
§ 212-1506. Wetlands. .................................................................................................. 72
§ 212-1507. Design Requirements for Natural Resource Areas ................................... 73
ARTICLE 1600. Reserved. ............................................................................................... 74
ARTICLE 1700. Conservation Subdivision Design. ........................................................ 75
§ 212-1701. Purpose and Definitions............................................................................ 75
§ 212-1702. Applicability. ............................................................................................ 76
§ 212-1703. Uses Permitted within Conservation Subdivisions. .................................. 76
§ 212-1704. Density Determination, Minimum Lot Size, and Area and Bulk
Requirements for Option 1: Cluster Option. ............................................. 76
§ 212-1705. Reserved ................................................................................................... 77
§ 212-1706. Design Standards. ..................................................................................... 77
§ 212-1707. Greenway Land Requirements for the Cluster Option. ............................ 77
§ 212-1708. Greenway Land Requirements for Country Properties. ........................... 78
§ 212-1709. Applicability of Public Dedication of Land and Fee-in-Lieu Requirements
to Conservation Subdivisions. .................................................................. 78
§ 212-1710. Uses Permitted within Greenway Areas. .................................................. 78
§ 212-1711. Greenway Design Standards. .................................................................... 79
§ 212-1712. Other Greenway Land Requirements. ...................................................... 80
§ 212-1713. Ownership and Maintenance of Greenway Land and Common
Facilities. ................................................................................................... 80
§ 212-1714. Subdivision and Land Development Ordinance. ...................................... 82
ARTICLE 1800. Conditional Uses, Procedures and General Standards
and Similar Uses ................................................................................... 83
§ 212-1801. Applicability. ............................................................................................ 83
§ 212-1802. Application and Approval Procedure. ...................................................... 83
§ 212-1803. General Standards and Criteria. ................................................................ 84
§ 212-1804. Similar Uses .............................................................................................. 86
ARTICLE 1900. Express Standards for Permitted and Conditional Uses, as Applicable 87
§ 212-1901. Agricultural Use Regulations. .................................................................. 87
§ 212-1902. Residential Use Regulations. .................................................................... 88
§ 212-1903. Design Standards for Multi-Family Structures and Sites. ........................ 90
§ 212-1904. Institutional and Recreational Use Regulations........................................ 98
§ 212-1905. Retail and Consumer Service Use Regulations. ..................................... 101
§ 212-1906. Industrial Use Regulations...................................................................... 105
§ 212-1907. Accessory Use Regulations. ................................................................... 107
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ARTICLE 2000. Buffering and Landscaping ................................................................. 111
§ 212-2001. Purpose and Intent. ................................................................................. 111
§ 212-2002. Use of this Article. .................................................................................. 111
§ 212-2003. Landscaping Points, Landscaping Measurements and Landscaping
Placement. ............................................................................................... 111
§ 212-2004. Landscaping Points and Minimum Sizes. ............................................... 112
§ 212-2005. Examples of Landscaping and Buffering. .............................................. 112
§ 212-2006. Landscaping Requirements and Measurement. ...................................... 115
§ 212-2007. Landscaping Requirements: Building Foundations. ............................... 118
§ 212-2008. Landscaping Requirements: Street Frontages. ....................................... 118
§ 212-2009. Landscaping Requirements: Paved Areas. ............................................. 118
§ 212-2010. Landscaping Requirements: Developed Lots. ........................................ 119
§ 212-2011. Landscaping Requirements for Other Permanently Protected Open Green
Spaces. .................................................................................................... 119
§ 212-2012. Landscaping Requirements for Bufferyards. .......................................... 119
§ 212-2013. Classification of Plant Species. .............................................................. 123
§ 212-2014. Requirements for Installation, Maintenance & Use of Landscaping and
Bufferyard Areas. .................................................................................... 125
§ 212-2015. Calculating Landscaping and Bufferyard Requirements. ....................... 126
§ 212-2016. Depiction on Required Site Plan. ........................................................... 126
ARTICLE 2100. Performance Standards. ...................................................................... 127
§ 212-2101. Emission of Offensive Odors. ................................................................ 127
§ 212-2102. Storage of Hazardous Materials. ............................................................ 127
§ 212-2103. Visible Smoke Emissions. ...................................................................... 127
§ 212-2104. Air Pollutive Emissions. ......................................................................... 127
§ 212-2105. Lighting Projecting Beyond Lot Lines. .................................................. 128
§ 212-2106. Noise. ...................................................................................................... 128
§ 212-2107. Sewage Discharges. ................................................................................ 129
§ 212-2108. Conditions at Lot Lines. ......................................................................... 129
§ 212-2109. Vibrations. .............................................................................................. 129
§ 212-2110. Electrical Disturbances. .......................................................................... 130
§ 212-2111. Radioactive Emissions. ........................................................................... 130
§ 212-2112. Floodplain Management. ........................................................................ 130
ARTICLE 2200. Off-Street Parking and Loading .......................................................... 131
§ 212-2201. Parking for Existing Uses. ...................................................................... 131
§ 212-2202. Off-Street Parking Space Requirements Table. ...................................... 131
§ 212-2203. Changes in Structure or Use. .................................................................. 134
§ 212-2204. Use of Parking Areas for Other Purposes. .............................................. 134
§ 212-2205. Required Facilities to be Continued and Maintained. ............................ 134
§ 212-2206. Joint Use of Parking Lot. ........................................................................ 134
§ 212-2207. Location of Required Spaces. ................................................................. 134
§ 212-2208. Maintenance of Facilities. ....................................................................... 134
§ 212-2209. Commercial and Recreational Vehicles on Residential Lots. ................ 135
§ 212-2210. Design Standards. ................................................................................... 135
§ 212-2211. Off-street Loading Requirements. .......................................................... 137
§ 212-2212. Off-street Loading Design Standards. .................................................... 137
§ 212-2213. Maintenance of Off-street Loading Facilities. ........................................ 138
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ARTICLE 2300. Signs. ................................................................................................... 139
§ 212-2301. Signs to Conform. ................................................................................... 139
§ 212-2302. Definitions .............................................................................................. 139
§ 212-2303. Signs Exempt from Regulations. ............................................................ 143
§ 212-2304. Prohibited Signs. ..................................................................................... 143
§ 212-2305. Determination of Area. ........................................................................... 144
§ 212-2306. Illumination Requirements Applicable to All Districts. ......................... 143
§ 212-2307. General Sign Requirements. ................................................................... 145
§ 212-2308. Signs Permitted in Residential Districts. ................................................ 145
§ 212-2309. Signs in Mixed Use Districts. ................................................................. 146
§ 212-2310. Permit Procedure .................................................................................... 147
§ 212-2311. Manner of Construction; Maintenance. .................................................. 148
§ 212-2312. Nonconforming Signs. ............................................................................ 148
§ 212-2313. Reserved. ................................................................................................ 148
§ 212-2314. Signs Within Right-of-Way. ................................................................... 148
§ 212-2315. Zoning Permit for Large Signs. .............................................................. 148
§ 212-2316. Abandoned Signs .................................................................................... 148
ARTICLE 2400. Nonconforming Uses and Structures. ................................................. 149
§ 212-2401. Registration. ............................................................................................ 149
§ 212-2402. Continuation. .......................................................................................... 149
§ 212-2403. Enlargement and Movement of Use. ...................................................... 149
§ 212-2404. Reconstruction and Restoration of Destroyed Structure. ....................... 149
§ 212-2405. Abandonment.......................................................................................... 149
§ 212-2406. Change of Use. ....................................................................................... 149
ARTICLE 2500. Administration .................................................................................... 151
§ 212-2501. Powers and Duties of Zoning Officer. .................................................... 151
§ 212-2502. Building and Zoning Permits. ................................................................. 151
§ 212-2503. Application for Zoning Permit. .............................................................. 152
§ 212-2504. Building Permit Required and Issuance. ................................................ 153
§ 212-2505. Materials to Accompany Building Permit Application. ......................... 153
§ 212-2506. Approval of Zoning Permit May Require Plan Changes. ....................... 153
§ 212-2507. Revocation and Withdrawal of Permit. .................................................. 153
§ 212-2508. Action on Zoning Permit Application. ................................................... 153
§ 212-2509. Zoning Permit Expiration When Work Slow to Commence. ................. 153
§ 212-2510. Zoning Permit Expiration if Work Not Completed. ............................... 154
§ 212-2511. Building Commenced Prior to Effective Date of Chapter. ..................... 154
§ 212-2512. Permit Fees. ............................................................................................ 154
§ 212-2513. Certificate of Occupancy Required. ....................................................... 154
§ 212-2514. Certificate of Occupancy for Nonconforming Uses. .............................. 154
§ 212-2515. Application for Certificate of Occupancy. ............................................. 154
§ 212-2516. A temporary Certificate of Occupancy. .................................................. 155
§ 212-2517. Failure to Obtain Certificate of Occupancy. ........................................... 155
§ 212-2518. Records of Certificates of Occupancy. ................................................... 155
§ 212-2519. Registration of Nonconforming Uses and Structures. ............................ 155
§ 212-2520. Violations and Penalties. ........................................................................ 155
§ 212-2521. Remedies to Prevent or Abate Violations. .............................................. 156
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ARTICLE 2600. Planning Commission ......................................................................... 157
§ 212-2601. Formation; Statutory Authority. ............................................................. 157
§ 212-2602. Membership. ........................................................................................... 157
§ 212-2603. Removal of Members. ............................................................................ 157
§ 212-2604. Comprehensive Plan. .............................................................................. 157
§ 212-2605. Powers and Duties. ................................................................................. 157
ARTICLE 2700. Zoning Hearing Board ........................................................................ 159
§ 212-2701. Appointment and Membership. .............................................................. 159
§ 212-2702. Alternate Members. ................................................................................ 159
§ 212-2703. Removal of Members. ............................................................................ 159
§ 212-2704. Officers. .................................................................................................. 159
§ 212-2705. Quorum. .................................................................................................. 159
§ 212-2706. Rules of Procedure. ................................................................................. 160
§ 212-2707. Records to be Kept; Annual Report. ....................................................... 160
§ 212-2708. Reserved. ................................................................................................ 160
§ 212-2709. Jurisdiction of the Board......................................................................... 160
§ 212-2710. Variances. ............................................................................................... 160
§ 212-2711. Conduct of Hearings. .............................................................................. 161
§ 212-2712. Rendering a Decision. ............................................................................. 162
§ 212-2713. Failure to Render a Decision. ................................................................. 162
§ 212-2714. Mediation Option. ................................................................................... 163
§ 212-2715. Fees and Expenditures. ........................................................................... 163
§ 212-2716. Time Limitations. ................................................................................... 164
§ 212-2717. Appeals and Stay of Proceedings. .......................................................... 164
§ 212-2718. Challenges to the Validity of the Ordinance on Substantive Grounds ... 164
ARTICLE 2800. Amendments ....................................................................................... 167
§ 212-2801. Amendment After Recommendation by Planning Commission. ........... 167
§ 212-2802. Procedure for Amendments. ................................................................... 167
§ 212-2803. Application Fees and Payment of Costs. ................................................ 170
§ 212-2804. When Effective. ...................................................................................... 171
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ARTICLE 100. General Provisions
§ 212-101. Titles.
This Chapter shall be known and shall be cited as the "Franklin Park Borough Zoning
Ordinance," and the Zoning Map referred to herein and adopted as part of this Chapter shall be
known as the "Franklin Park Borough Zoning Map."
§ 212-102. Intent.
The purpose of this Chapter is the promotion of the health, safety, morals, convenience and
general welfare of the present and future inhabitants of Franklin Park Borough by:
A. Encouraging and facilitating the orderly, coordinated and practical development of the
Borough.
B. Lessening the danger and congestion of traffic on the roads and highways and providing for
adequate off-street parking and loading for all land uses.
C. Securing safety from fire, panic, flood and other dangers.
D. Providing for adequate light and air.
E. Promoting such distribution of population and classification and utilization of land as will
facilitate and conserve adequate provisions for transportation, water, drainage, sanitation,
educational and other public facilities, recreation and protection of natural resources and the
environment.
F. Identifying those ecologically fragile and sensitive portions of the Borough and regulating
development thereof accordingly.
G. Establishing building lines and the locations of buildings or structures designed for
appropriate uses within such lines to prevent overcrowding.
H. Dividing the Borough into districts restricting and regulating the location, construction,
reconstruction, alteration and use of buildings, structures and land to conserve land, building
and structure values, protect the tax base, secure economy in governmental expenditures and
encourage variety and quality in land uses.
I. Providing housing opportunities consistent with the Borough's population growth and
housing demand, present and future.
J. Providing for the regulation of nonconforming uses, buildings and structures.
K. Providing for the timely, equitable and efficient administration of the provisions, regulations
and restrictions hereof.
§ 212-103. Statement of Community Objectives.
Pursuant to Section 606 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968,
No. 247, P.L. 805, as amended, the statement of community development objectives, which is to
serve as the guideline for growth and development within the Borough affected by this Chapter,
shall be supplied by reference to the Comprehensive Plan because the Borough's community
development objectives are set forth at length in the Comprehensive Plan
§ 212-104. Conformity and Permits Required.
After the effective date of this Chapter, except for existing legal nonconforming uses or
structures, no structure or building shall be erected, reconstructed, structurally altered, enlarged or
moved, and no structure, building or land shall be used, occupied or designed to be used, unless
in conformity with the regulations specified herein for the zoning district in which it is located
and with all other applicable provisions of this Chapter, and then only after applying for and
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securing all permits, licenses and approvals required by all laws, ordinances, resolutions,
regulations and codes.
§ 212-105. More Restrictive Standards to Prevail.
Where a provision of this Chapter is found to be in conflict with a provision of any land use
ordinance or code, applicable health, building, housing or safety regulation or any other ordinance
or resolution of the municipality existing on the effective date of this Chapter or thereafter or any
regulation issued under the authority of any such code, regulation, ordinance or resolution, the
provision which establishes the more restrictive standard for protection of the health, safety and
welfare of the people shall prevail.
§ 212-106. Public Utility Lines.
Public utility lines for the transportation, distribution and control of water, gas, electricity, oil,
steam, telegraph, telephone and other Public Utilities Commission authorized communication
and/or distribution systems and their supporting members, other than buildings and towers, shall
be located in any zoning districts except as otherwise considered in this Chapter.
§ 212-107. All Uses to be on Zoning Lots.
Except as otherwise provided herein, after the effective date of this Chapter, all uses of property
must be on a zoning lot, which zoning lot shall not be occupied by more than (1) principal
building, structure or use, unless specifically authorized by the terms of this Chapter.
§ 212-108. Alteration of Conforming Uses to Nonconforming Uses Prohibited.
All new uses must meet the height, occupancy, lot and setback restrictions in this ordinance, and
existing structures that were conforming under both the prior and this ordinance cannot be altered
in violation of the restrictions in this ordinance.
§ 212-109. Classification of Annexations.
Any land annexed to the Borough after the effective date of this Chapter shall be classified
immediately and automatically as an R1 District. The Planning Commission shall recommend
appropriate zoning for the annexed area to the Borough Council within ninety (90) days after the
date of the annexation.
§ 212-110. Repealer.
The Franklin Park Zoning Ordinance of October 20, 1996, as amended (Ord. No. 434-96 with
amendments) is hereby repealed.
9

ARTICLE 200. Definitions and Word Usage
§ 212-201. Word Usage.
A. Unless a contrary intention appears clearly, the following words and phrases shall have, for
the purpose of this Chapter, the meanings given in the following clauses. Any word or phrase
not defined specifically herein is intended to be used with its meaning in standard usage.
B. For the purpose of this Chapter, words and phrases used herein shall be interpreted as
follows:
(1) Words used in the present tense include the future.
(2) The term "shall" is mandatory.
(3) Words used in the singular number shall include the plural, and the plural the singular,
unless the context indicates clearly to the contrary.
C. In case of conflict, the definitions contained in the MPC, as the same amended from time to
time, shall prevail.
§ 212-202. Definitions.
ACCESSORY
(1) ACCESSORY BUILDING — See "building, accessory."
(2) ACCESSORY USE — See "use, accessory."
(3) ACCESSORY STRUCTURE – See “structure, accessory.”
ACRE - Forty-three thousand five hundred sixty (43,560) square feet.
ADULT BOOKSTORE/VIDEO STORE - Any commercial establishment in which more than
five percent (5%) of the inventory offered for sale or rental to the public consists of books,
publications, film or other media which depict nudity or sexual conduct, as defined herein, or any
establishment which advertises whether by way of signage or other advertising methods the sale
or rental of said media.
ADULT CARE FACILITY - A facility that provides accommodations for less than twenty-four
(24) hours for more than five (5) unrelated adults and provides supervision and personal care
services.
ADULT LIVE THEATER - Any commercial establishment which features on a regular basis live
shows for public viewing in which all or some of the performers are displaying nudity or
engaging in sexual conduct, as defined herein.
ADULT THEATER OR MOVIE HOUSE - Any movie theater, including mini theaters, which on
a regular continuing basis shows films rated "X" by the Motion Picture Coding Association of
America, or any movie theater, including mini theaters, which presents for public viewing on a
regular continuing basis, adult films depicting sexual conduct as defined herein.
ACTIVE RECREATION AREA - Improved areas intended for active recreational activities, such
as swimming, playgrounds, skating, baseball, soccer, tennis or other active sports.
ALLEY - A right-of-way which provides secondary service access for vehicles to the side or rear
of abutting properties and is not intended for general traffic circulation.
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ALTERATIONS - As applied to a building or structure, a change or rearrangement in the
structural parts or in the exit facilities or an enlargement or diminution, whether by extending on
a side or by increasing in height, or the moving from one (1) location or position to another.
AMUSEMENT FACILITY - An indoor or outdoor facility designed for rides, arcades or similar
entertainment uses.
ANIMAL HUSBANDRY - The keeping or raising of livestock, horses and poultry, for
noncommercial purposes.
APARTMENT BUILDING - A building containing three (3) or more dwelling units.
APARTMENT UNIT - One (1) or more rooms with private bath and kitchen facilities comprising
an independent, self-contained dwelling unit in a building containing three (3) or more dwelling
units, with a common access to, and from the outside.
APEX TREE – Any tree with a caliper of three (3) inches or greater that has been approved by
the Borough.
ARTERIAL STREET - A major street serving as a principal or heavy-traffic street of
considerable continuity and used primarily as a traffic artery for intercommunications between
large areas. This definition specifically includes but shall not be limited to: Ingomar Heights
Road, Brandt School Road and the following state maintained roads: Big Sewickley Creek Road,
Rochester Road, Reis Run Road, Nicholson Road and Wexford-Bayne Road.
ASSISTED LIVING FACILITY - A residential facility in a retirement community for the elderly,
as defined herein, containing apartment units for independently mobile residents which are
designed with safety and emergency call features monitored by staff and which provides laundry
and housekeeping services and a minimum of one (1) meal each day in a common dining facility
and which provides staff supervision and assistance in such matters as bathing, dressing, diet and
medications prescribed for self-administration.
AUTOMOBILE SALES - Storage and display for sales purposes of more than two (2) motor
vehicles or any type of trailer provided the trailer is unoccupied, and where repair or body work is
incidental to the operation of the new or used vehicle sales. Motor vehicle sales includes motor
vehicle retail or wholesale sales.
AUTOMOTIVE SERVICE STATION - A structure and surrounding land used predominantly for
the storage and sale of petroleum and other fuels and lubricants primarily to motor vehicles, and
can include the allocation of space for the sale of items such as snack food, drinks and tobacco
products.
BASEMENT - The space enclosed by the foundation or ground floor wall of a building partly
below the average level of the adjacent ground. A basement shall not be counted as a story for the
purposes of height measurement unless one-half (1/2) or more of its volume is above the average
level of the adjacent ground.
BED AND BREAKFAST - An owner-occupied dwelling unit that contains no more than five (5)
guest rooms where lodging, with or without meals, is provided for compensation, and where said
lodging shall not exceed fourteen (14) days.
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BIG-BOX RETAIL STRUCTURE - A building that houses a retail establishment or
establishments that has a footprint of seventy-five thousand (75,000) square feet or greater.
BOARDER – One who pays a stipulated sum in return for regular meals or for meals and
lodging.
BOARDING HOUSE - Any dwelling with fewer than twenty (20) sleeping rooms in which more
than three (3) persons, either individually or as families, are commercially housed or lodged, with
or without meals. A rooming house or a furnished rooming house shall be deemed a "boarding
house."
BOARD OR ZONING HEARING BOARD - The Franklin Park Borough Zoning Hearing Board.
BUILDING - A structure under a roof, used for the shelter or enclosure of persons, animals or
property. The word "building" shall include any part thereof.
(1) BUILDING, ACCESSORY - A subordinate building located on the same lot as a
principal building and clearly incidental and subordinate to the principal building. Any
portion of a principal building devoted to an accessory use is not an accessory building.
(2) BUILDING, PRINCIPAL - A building in which is conducted, or is intended to be
conducted, the principal use of the lot on which it is located.
BUILDING CODE OFFICIAL – The Franklin Park Borough Building Inspector/Zoning Officer.
BUILDING HEIGHT - A vertical distance measured from the average elevation of the proposed
finished grade around and at the structure to the highest point of the roof for flat roofs, to the deck
lines of mansard roofs and to the mean height between the eaves and ridge for gable, hip and
gambrel roofs.
BUILDING SETBACK LINE – A line formed by the lot’s minimum front yard, as herein
designated for each district.
CATEGORICAL EXCLUSION - Categorical exclusions (CEs) are categories of actions that
have been determined not to have a significant effect on the human environment either
individually or cumulatively. The Federal Highway Administration (FHWA) has defined
categories of actions that do not involve significant environmental impacts. These actions are
defined in 23 CFR 771.117.
CEMETERY - Land used or dedicated to the burial of the dead, including crematoriums,
mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when
operated within the boundary of such cemetery.
COLLECTOR STREET - A street which carries traffic from minor streets to arterial or major
streets, including the principal entrance streets of a residential development and the streets for
circulation within such a development. This definition specifically includes, but shall not be
limited to, Cole Road, Wexford Run Road, McAleer Road, Pine Creek Road, McDevitt Road,
Magee Road Extension, West Ingomar Road and Locust Road.
COLLEGE, UNIVERSITY AND SATELLITES – Any institution providing post secondary
education or instructions at any of its campuses, including technical and trade schools.
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COMMERCIAL TELECOMMUNICATIONS TOWER - Any structure, other than a building,
which is operated by any agency or corporation not regulated by the Pennsylvania Public Utility
Commission, designed and utilized for the transmission or receipt of wireless telecommunications
and broadcasts.
COMMERCIALLY LETTERED VEHICLE – Any vehicle to which lettering, symbols or decals
is attached, to any part of the vehicle, and which identify a business, organization or any other
entity.
COMMERCIALLY LICENSED VEHICLE – Any vehicle identified as a Class five (5) or greater
by the Pennsylvania Motor Vehicle Code.
COMMISSION OR PLANNING COMMISSION - The Franklin Park Borough Planning
Commission.
COMMUNITY CENTER - A building used for recreational, social, educational, and cultural
activities, open to the public or a designated part of the public, usually owned and operated by a
public or nonprofit group or agency.
COMPREHENSIVE PLAN - The Comprehensive Plan for Franklin Park Borough, Allegheny
County, adopted January 17, 2007, by Franklin Park Borough under the applicable provisions of
the Pennsylvania Municipalities Planning Code, Act 247, as amended.
CONDITIONAL USE - An authorized use which may be granted only by Borough Council,
pursuant to express standards and criteria prescribed in this Chapter, after review and
recommendation by the Planning Commission and a public hearing by Borough Council.
CONTRACTOR’S STORAGE YARD - An unenclosed portion of the lot or parcel upon which a
construction contractor maintains its principal office or a permanent business office. Designation
of the lot or parcel as a contractor’s storage yard would allow this area to be used to store and
maintain construction equipment and other materials customarily used in the trade carried on by
the construction contractor.
CONTRACTING - A business that provides landscaping, construction, remodeling, home
improvement, excavation, paving, land development and related services on a contractual basis
and which may include contractor’s offices and/or contractor’s storage yard.
CONVENIENCE STORE - Any retail establishment offering for sale a limited line of groceries
and household items intended for the convenience of the neighborhood.
CONVERSION – Transition of a single-family dwelling structure to a multi-family dwelling.
COUNTRY CLUB - A land area and buildings containing recreational facilities, clubhouse and
usual accessory uses, owned by the members and open only to members and their guests for a
membership fee.
CRAFT – An occupation or trade requiring manual dexterity, artistic skill and knowledge to
perform, such as but not lilmited to: carpentry, pottery, sewing, cabinet making and other like
occupations.
CROP FARMING - The raising, storage and sale of field and tree crops and the shipping thereof.
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DAY CARE - A public, private, non-profit or for-profit facility regulated and licensed by the
Pennsylvania Department of Public Welfare (“DPW”), providing care or supervision to children,
excluding (a) care provided by the operator to his or her relatives (child, step-child, grandchild or
foster-child) and (b) care furnished in places of worship during religious services. The following
are the categories of day care:
(1) DAY CARE HOME - A facility, licensed as such by DPW, providing out-of-home care
at any one time for part of a 24-hour day, to four, five or six children who are not related
to the operator and who are 15 years of age or younger.
(2) DAY CARE CENTER - A facility, licensed as such by DPW, providing out-of-home
care at any one time for part of a 24-hour day, to seven or more children who are not
related to the operator and who are 15 years of age or younger.
(3) GROUP CHILD DAY CARE HOME - A facility, licensed as such by DPW, providing
out-of-home care at any one time for part of a 24-hour day, to more than six but fewer
than 16 older school-age children or more than six but fewer than 13 children of any
other age level, including (a) care provided at the parent’s work site when the parent is
not present in the child care space or (b) care provided before or after the hours of
instruction in nonpublic schools and in private nursery schools and kindergartens. This
definition does not include care provided (a) in a facility where the parent is present at all
times when child care is being provided or (b) during the hours of instruction in
nonpublic schools and in private nursery schools and kindergartens.
DECIDOUS TREE OR SHRUB – Any tree or shrub that will lose its leaves during winter
months and during periods of extreme drought.
DENSITY - See “gross density.”
DEVELOPMENT PLAN - See “land development plan.”
DRIVE-THROUGH FACILITY - Any portion of a building or structure from which business is
transacted or is capable of being transacted, directly with customers located in a motor vehicle
during such business transactions.
DRIVEWAY - A minor vehicular way providing access between a street and a parking area or
garage within a lot or property.
DUPLEX – A single-family attached dwelling structure having only one (1) wall in common with
another dwelling unit.
DWELLING - A building containing one (1) or more dwelling units. Types of dwellings include:
(1) SINGLE FAMILY
(2) DUPLEX
(3) TOWNHOUSE
(4) APARTMENT BUILDING
DWELLING UNIT - Any room or group of rooms located within a residential building and
forming a single habitable unit with facilities used or intended to be used for living, sleeping,
cooking and eating by one (1) family.
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EASEMENT - A grant of the specified use of a parcel of land to the public, a corporation, a
government political body or a person. Any utility-related structure within an easement shall
conform to the zoning district requirements in which it is located.
EATING PLACE - An establishment which offers food and beverages for sale on the premises as
a principal use and may serve alcoholic beverages for consumption on the premises, as permitted
by the Commonwealth of Pennsylvania Liquor Control Board.
EMERGENCY SERVICE AND MUNICIPAL FACILITIES - A building, structure or use on a
lot from which police, fire, ambulance, park, public works or other public services are provided
for the general public.
ENTERTAINMENT - Any activity, commercial or noncommercial, whether or not conducted for
gain, which is generally related to the entertainment field, such as motion-picture theaters,
bowling alleys, roller-skating rinks, miniature golf, golf driving ranges, commercial swimming
pools, carnivals, festivals, parks, ball fields and other similar activities.
ENTERTAINMENT FACILITY - A structure or area for the presentation of the performing arts,
including indoor motion picture theaters, theaters for live performances, and indoor and outdoor
concert halls. Entertainment facility includes eating places as an accessory use. Entertainment
facility does not include adult or sexually-oriented businesses.
EQUIPMENT REPAIR SHOP (MINOR) - A business establishment that repairs consumer
electronics, appliances and tools that can be carried into the establishment by the customer and
where all repairs are conducted inside the establishment and remain indoors. Equipment repaired
at this type of establishment includes personal computers, cameras, small appliances, televisions,
power tools, lawn mowers and similar devices.
EROSION - The removal of surface materials by the action of natural elements.
ESSENTIAL/COMMERCIAL TELECOMMUNICATIONS TOWER - Any structure designed
for transmitting or receiving radio, television, telephone or other communications which is owned
or operated by any agency, franchisee or authority of the Franklin Park Borough, Allegheny
County or the Commonwealth of Pennsylvania or any police, fire, emergency medical or
emergency management agency and which is also operated by any agency or corporation or
public utility regulated by the Public Utilities Commission (PUC) or Federal Communications
Commission (FCC).
ESSENTIAL TELECOMMUNICATION TOWER - Any structure designed for transmitting or
receiving radio, television or telephone communications which is or operated by any agency,
franchisee or authority of the Franklin Park Borough, Allegheny County or the Commonwealth of
Pennsylvania or any police, fire, emergency medical or emergency management agency.
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 or collection, communication, supply or
disposal systems, including pools, wires, mains, drains, sewers, pipes, conduit cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in
connection therewith, reasonably necessary for the furnishing of adequate service for the public
health or safety in general.
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EVERGREEN TREE OR SHRUB - A plant that has leaves or needles in all seasons. This
contrasts with deciduous plants, which completely lose their foliage during the winter or dry
season.
FAÇADE - The exterior walls of a building exposed to public view or any wall viewed by
persons not within the building.
FAMILY - One (1) or more persons related by blood, foster relationship, marriage or adoption
and, in addition, any domestic servants or gratuitous guests thereof, or a group of not more than
five (5) persons who need not be so related and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a
common household with single cooking facilities. A roomer, boarder or lodger shall not be
considered a member of the family.
FARM - A tract or parcel of land containing not less than five (5) acres upon which are
maintained, grown and produced for sale or use, domestic livestock, furbearing animals, dairy
products, poultry, eggs, fruit and vegetables and other such crops and animals.
FARM MARKET – Properties of 5 acres or more, on which agricultural products are grown, and
offered for sale directly to the consumer, and is able to accommodate anticipated traffic needs.
FENCE - A vertical enclosure, solid or partially open, to prevent straying from within or intrusion
from without.
FENESTRATION - Elements that create openings in a building’s exterior, such as windows,
doors, skylights, curtain walls, etc., designed to permit the passage of air, light, vehicles, or
people.
FINANCIAL ESTABLISHMENT - Any building wherein the primary occupation is concerned
with such federal or state-regulated businesses as banking, savings and loans, loan companies,
and investment companies.
FLOODPLAIN - Any streams, ponds or lakes subject to a One-hundred (100) year-recurrenceinterval
flood, as delineated by the Federal Emergency Management Agency (FEMA), or subject
to erosion caused by a one-hundred (100) year-recurrence-interval flood. In addition, any areas
identified in the future by anyone else expert and experienced in the preparation of hydrological
studies and the determination of floodlines, subject to the review and approval of a professional
engineer selected by the municipality.
FLOODWAY - The channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
FLOOR AREA - See "gross floor area."
FLOOR-AREA RATIO - The amount of floor area permitted on a lot in relation to the size of the
lot.
FORESTRY - The management of forests and timberlands when practiced in accordance with
accepted silvicultural principles, through developing, cultivating, harvesting, transporting and
selling trees for commercial purposes, which does not involve any land development.
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FRANKLIN PARK BOROUGH OR BOROUGH - The Franklin Park Borough located in
Allegheny County, Pennsylvania.
FREESTANDING SIGN - A self-supporting sign resting on or supported by means of poles or
standards on the ground.
FUNERAL HOME - A place or premises devoted to or used in the care and preparation for the
funeral and burial of dead human bodies and maintained for the convenience of the bereaved for
viewing or other services in connection with dead human bodies and as an office or place for
carrying on the profession of funeral directing but not cremation.
GARAGE, PRIVATE - A building or portion thereof designed or used privately for the storage of
motor vehicles and used by the occupants of the principal building to which it is an accessory.
Not more than one (1) of the housed vehicles shall be a commercial vehicle of more than two (2)
tons capacity.
GLAZING – Furnishing or fitting with glass
GOLF COURSE - A land area and buildings containing recreational facilities for the purpose of
playing golf.
GOVERNING BODY OR BOROUGH COUNCIL - The Franklin Park Borough Council.
GREENHOUSE - The indoor raising of plants, shrubs and trees for sale and transplantation.
GROSS DENSITY - That ratio of the total number of dwelling units to the total acreage
comprising a given parcel.
GROSS FLOOR AREA - The sum of the areas of the several floors of the building or structure,
as measured from the exterior faces of the walls. It does not include basements, unenclosed
porches, attics not usable for human occupancy nor any floor space in an accessory building nor
in the principal building intended or designed for the parking of motor vehicles nor any such floor
space intended and designed for accessory heating and ventilating equipment.
GROSS LAND AREA - The total land and water surface area contained within the boundaries of
a lot, parcel, or tract.
GROUND STORY - The first floor or main entry level of a building that is fully above grade and
fully above the floor or basement level.
HALFWAY HOUSE - A group residence for those who have completed treatment at a
rehabilitation facility, whether criminal in nature or not, but are not yet ready to return to
independent living in the community and where residents participate in structured programs
designated to ease successful reintegration into society.
HOME OCCUPATION - The accessory use of a residence involving the conduct of an art or
profession, the offering of a service, the conduct of a business or the production of handicrafts on
a residential site. The use is incidental and secondary to the use of the dwelling for residential
purposes and shall not change the character of the residential use or adversely affect the uses
permitted in the residential district of which it is a part.
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HOSPITAL - An institution providing primary health services and medical or surgical care to
persons, primarily in-patients, suffering from illness, disease, injury, deformity, and other
abnormal physical or mental conditions, and including as an integral part of the institution, related
facilities such as laboratories, outpatient facilities, or training facilities.
IMPERVIOUS SURFACE - Any hard-surfaced, man-made area that does not readily absorb or
retain water, including but not limited to building roofs, parking and driveway areas, graveled
areas, sidewalks, and paved recreation areas.
IMPROVEMENT - Construction of any building or structure or any addition or enlargement
thereof, any street, driveway, paved area, stormwater management facility, sanitary sewers,
public waterlines, clearing or grading.
INDEPENDENT LIVING FACILITY - A residential facility in a retirement community for the
elderly, as defined herein, which provides on-site supervision available to independently mobile
residents on an as needed basis and which offers at least one (1) meal a day in common dining
facilities.
INDUSTRIAL PARK - A planned, coordinated development of a tract of land with two (2) or
more separate industrial buildings. Such development is planned, designed, constructed, and
managed on an integrated and coordinated basis with special attention given to on-site vehicular
circulation, parking, utility needs, building design, orientation, and open space.
INTERMEDIATE NURSING CARE - Health related care and services, above the level of room
and board, provided on a regular basis to resident individuals who do not require hospital or
skilled nursing care, but who, because of mental or physical condition, require services under a
plan of care supervised by licensed and qualified personnel.
KENNEL - A facility located on a lot of five (5) or more acres on which four (4) or more
animals, including but not limited to dogs and cats, are kept, bred, trained and/or boarded at any
one (1) time, whether for profit or not.
LAND DEVELOPMENT -
A. The improvement, as defined herein, of one (1) lot or two (2) or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1) A group of two (2) or more residential or nonresidential buildings, whether proposed
initially or cumulatively,
(2) A single nonresidential building on a lot or lots, regardless of the number of occupants or
tenants, including any structural alteration to an existing building which results in
additional lot coverage; or
(3) The division or allocation of land or space, whether initially or cumulatively, between or
among two (2) or more existing or prospective occupants by means of, or for the purpose
of developing streets, common areas, leaseholds, condominiums, building groups or other
features.
B. Subdivision as defined herein.
C. Development in accordance with section 503(1.1) of the Municipalities Planning Code.
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D. The following shall not be considered land development:
(1) The subdivision by lease of land for agricultural purposes into parcels of more than ten
(10) acres, not involving any new street or easement of access or any residential dwelling.
(2) Accessory uses and/or structures as defined in Chapter 212, Zoning.
(3) The conversion of an existing single-family dwelling or two (2)-family dwelling into not
more than three (3) dwelling units, unless such units are intended to be a condominium.
(4) The addition of an accessory building, including farm buildings less than six hundred
(600) square feet, on a lot or lots subordinate to an existing principal building.
(5) An addition to an existing non-residential structure that totals less than ten percent (10%)
of the total gross floor area of the existing non-residential structure on the site.
(6) The addition or conversion of buildings or rides within the confines of an amusement
park, except the expansion of an amusement park onto newly acquired acreage.
LAND DEVELOPMENT PLAN - A plan prepared in accordance with the application
requirements of Chapter 184, Subdivision and Land Development, for approval of a land
development, as defined herein.
LANDOWNER - The legal or beneficial owner or owners of land, including the holder of an
option or contract to purchase, (whether or not such option or contract is subject to any
condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or
other person having a proprietary interest in land.
LAUNDRY AND DRY CLEANING ESTABLISHMENT – An establishment that is primarily
engaged in washing, dry cleaning, dying, pressing and otherwise reconditioning clothing,
curtains, drapes, linens, rugs and other articles.
LARGE RETAIL BUSINESSES – Any retail business whose size exceeds 10,000 square feet.
LIBRARY - A public facility for the use, but not sale, of literary, musical, artistic, or reference
materials.
LODGER - See “boarder”
LOT - A designated parcel, tract, or area of land established by a plat or otherwise as permitted
by law and to be used, developed or built upon as a unit.
(1) LOT AREA - The area contained within the property lines of the individual parcels of
land shown on a subdivision plan required by this Chapter, excluding any area within an
existing or designated future street right-of-way.
(2) LOT SIZE - See “lot area.”
(3) CORNER LOT - A lot which has an interior angle of less than one hundred thirty-five
degrees (135°) at the intersection of two (2) street lines.
(4) DEPTH OF LOT - The distance from the street line of the lot to its opposite rear line,
measured in the general direction of each side line of the lot.
(5) LOT OF RECORD - Any lot which individually or as part of a subdivision has been
recorded in the Department of Real Estate of Allegheny County.
(6) LOT WIDTH - The width dimension of a lot at the right-of-way line measured at near
right angles to the depth or along the curve in the event that the right-of-way line is
curved. On lots fronting on a cul-de-sac, lot width shall be measured at the building set
back line.
(7) THROUGH LOT - An interior lot having frontage on two (2) parallel or approximately
parallel streets.
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LOT COVERAGE - That portion of the lot which is covered by the footprint of all principal and
accessory structures, expressed as a percentage of the lot area.
LOT LINES - Any boundary line of a lot.
(1) LOT LINE, REAR - Any lot line which is parallel to or within forty-five degrees (45°) of
being parallel to a street line, except for a lot line that is itself a street line and, except that
in the case of a corner lot, the owner shall have the option of choosing which of the two
(2) lot lines that are not street lines is to be considered a rear lot line. In the case of a lot
having no street frontage or a lot of an odd shape, only the one (1) lot line furthest from
any street shall be considered a rear lot line.
(2) LOT LINE, FRONT - See "street line."
(3) LOT LINE, SIDE - Any lot line which is not a street line or a rear lot line.
LUMBERYARD - An area used for the storage, distribution, and sale of finished or rough-cut
lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber
products, or firewood.
MANUFACTURING - The mechanical or chemical transformation of materials or substances
into new products, including the assembling of component parts, the creation of products, and the
blending of materials including but not limited to oils, plastics, resins, etc.
MATURE WOODLANDS - An area of mature deciduous and/or evergreen trees covering a lot or
a portion of a lot and consisting of thirty percent or more of a largely deciduous canopy of trees
having a ten (10)-inch or greater caliper, or any grove of deciduous trees consisting of eight (8) or
more trees having an eighteen (18)-inch or greater caliper.
MEASUREMENT OF YARD DEPTHS AND WIDTHS ON VARIOUS SHAPED LOTS - Front
and rear yard depths and side yard widths are the respective distances from the lot line to the
nearest point of the building. Front yard depth and side yard width shall be measured at right
angles from the building to the nearest location of the lot line. Rear yard depth shall be measured
at a right angle from the rear of the building to the nearest location of the lot line.
(1) The rear lot line is that lot line most nearly parallel to the front lot line. In the case of
triangular lots the intersection of the side lot lines shall be treated as the mid-point of the
rear lot line.
(2) For the purpose of identifying the various yards, a house on a corner lot shall be
considered as fronting on the street from which it derives its house number.
MEDICAL AND DIAGNOSTIC LAB: OUT-PATIENT - An establishment providing routine or
advanced testing by physicians, lab technicians, and other practitioners to aid in the detection and
prevention of diseases, provided that patients are not kept overnight except under emergency
conditions.
MEDICAL OFFICE/CLINIC - A building used exclusively by physicians, dentists, or other
medical personnel for the treatment and examination of patients solely on an outpatient basis,
provided that no overnight patients shall be kept on the premises.
MINOR STREET - A street predominantly serving as an access street to a particular lot or
serving another minor function.
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MOTEL OR HOTEL - A building or group of buildings in which lodging is provided to transient
guests, offered to the public for compensation.
MOBILE HOME - A transportable, single family dwelling intended for permanent occupancy,
contained in one (1) unit, or in two (2) or more units designed to be joined into one integral unit
capable of again being separated for repeated towing, which arrives at a site complete and ready
for occupancy except for minor and incidental unpacking and assembly operations, and
constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT - A parcel of land in a mobile home park, improved with the necessary
utility connections and other appurtenances necessary for the erections thereon of a single mobile
home.
MOBILE HOME PARK - A parcel or contiguous parcels of land which has been so designated
and improved that it contains two (2) or more mobile home lots for the placement thereon of
mobile homes.
MODERATELY STEEP SLOPES - Areas of existing topography, where the slope equals or
exceeds fifteen (15%) percent but does not equal or exceed twenty-five (25%) percent from the
top to bottom of the break in grade.
MUNICIPAL PLANNING CODE (MPC) - The Pennsylvania Municipalities Planning Code, Act
No. 247 of 1968, P.L. 805. (as amended)
MULTI-FAMILY DWELLING – A building containing more than one (1) dwelling unit.
MUNICIPAL BUILDING & FACILITIES – Any land, building, facility or infrastructure owned
or operated by Franklin Park Borough.
MUNICIPAL OR MUNICIPALITY - Franklin Park Borough.
MUNICIPAL SEWAGE DISPOSAL SYSTEM AND/OR MUNICIPAL AUTHORITY - A
municipal sewage disposal system shall be one which is owned and operated by the municipality
and which has been approved by the appropriate county and state officials, agencies having
jurisdiction over such matters and/or a municipal authority.
MUNICIPAL WATER SUPPLY AND/OR MUNICIPAL AUTHORITY - A municipal water
supply system shall be one which is owned and operated by the municipality and which has been
approved by the appropriate county and state officials or agencies having jurisdiction over such
matters and/or a municipal authority.
MUSEUM - An institution, building, room or specified indoor or outdoor area for preserving,
exhibiting, demonstrating or interpreting art, history, culture or nature or scientific objects or
ideas.
NO-IMPACT HOME BASED BUSINESS - A business or commercial activity administered or
conducted as an accessory use which is clearly secondary to the use as a residential dwelling and
which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy the requirements of Section
1907.B. of this Chapter.
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NONCONFORMING LOT - A lot the area or dimension of which was lawful prior to the
adoption or amendment of this Chapter, but which fails to conform to the requirements of the
zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE - A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this Chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of
such ordinance or amendment or prior to the application of such ordinance or amendment to its
location by reason of annexation. Such nonconforming structures include, but are not limited to,
nonconforming signs.
NONCONFORMING USE - A use, whether of land or of structure, which does not comply with
the applicable use provisions in this Chapter or any amendment heretofore or hereafter enacted,
where such use was lawfully in existence prior to the enactment of such ordinance or amendment,
or prior to the application of such ordinance or amendment to its location by reason of
annexation.
NON-CONTRIBUTORY PLANTS – Any small tree or shrub below the size specified in table
20-1 which may add to a building’s aesthetic but has no point value in meeting the requirements
in Section 212-2003.
NUDITY - The showing of the human male or female genitals, pubic area or buttocks with less
than a fully opaque covering, or the showing of the female breast with less than a fully opaque
covering of any portion thereof below the top of the nipple, or the depiction of covered male
genitals in a discernible turgid state.
NURSERY - The outdoor raising of plants, shrubs and trees for sale and transplantation.
NURSING HOME - A facility licensed to operate as such by the Commonwealth of Pennsylvania
for the purpose of providing skilled nursing care or intermediate nursing care or both levels of
care to two (2) or more patients who are unrelated to the nursing home administrator for a period
exceeding 24 hours.
OFFICE (PROFESSIONAL) - The office of a member of a recognized profession maintained for
the conduct of business in any of the following related categories: architectural, engineering,
planning, law, interior design, accounting, insurance, real estate, medical, dental, optical, or any
similar type of profession.
OPEN SPACE - A lot, parcel or parcels of land or a body of water, portions thereof or a
combination thereof in any given development, the amount of which has been determined for
each zoning district, that is to remain generally free of buildings or other structures.
OUTDOOR STORAGE OR DISPLAY, COMMERCIAL - The keeping, in an unroofed area, of
any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four
(24) hours.
OUTPATIENT – A patient receiving medical services at a hospital, clinic or any other medical
facility that does not include an overnight stay.
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OVERLAY - An area where certain additional requirements are superimposed upon a base
zoning district or underlying district and where the requirements of the base or underlying district
may or may not be altered.
PARK - A non-commercial, not-for-profit facility designed to serve the recreation needs of the
community.
PARKING:
(1) PARKING AREA, PRIVATE - An open, off-street area, other than a private street or
way (with adequate means of access), used exclusively for the parking of automobiles of
occupants of the premises.
(2) PARKING AREA, PUBLIC - An open, off-street area, other than a private street or way
(with adequate means of access), available to the general public for the parking of motor
vehicles.
PARKING LOT - An open area, excluding a street or other public way, used for the parking of
motor vehicles, whether for free or for compensation.
PARKING GARAGE - A structure designed to accommodate vehicular parking spaces that are
fully or partially enclosed or located on the deck surface of the building. This definition includes
parking garages, deck parking, and underground or under-building parking areas.
PASSENGER AUTOMOBILE / PASSENGER VEHICLE - A car or a truck used to transport
passengers excluding buses and trains.
PENNSYLVANIA PUBLIC UTILITY COMMISSION (PUC) – The PUC is the state agency
charged with ensuring that Pennsylvania residents are provided with safe and reliable utility
service. The PUC is charged with overseeing all aspects of utility operations and reviews and
approves proposed utility rate hikes.
PERSON - Includes a corporation, partnership, association or other legal entity as well as an
individual.
PERSONAL CARE BOARDING HOME - A facility licensed to operate as such by the
Commonwealth of Pennsylvania where a sleeping room and board is provided to more than three
(3) permanent residents who are not relatives of the operator and who are mobile or semi-mobile,
but who require specialized services in such matters as bathing, dressing, diet and medication
prescribed for self-administration for a period exceeding twenty-four (24) hours, but who are not
in need of hospitalization and/or skilled nursing care and/or intermediate nursing care.
PROFESSIONAL CONSULTANTS – Persons who provide expert or professional advice,
including, but not limited to, architects, attorneys, certified public accounts, engineers, geologists,
land surveyors, landscape architects or planners.
PERSONAL SERVICE ESTABLISHMENT -An establishment primarily engaged in providing
services involving the care of a person or his or her personal goods or apparel including but not
limited to barber and beauty shops, dog grooming, tailor, dressmaker, shoe repair, photographer,
laundry and dry-cleaning pick-up and the like.
PLACE OF WORSHIP - A building or structure, or group of buildings or structures that by
design and construction are primarily intended for conducting organized religious services.
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PRIME AGRICULTURAL SOIL – Soils determined to be such by the U.S. Department of
Agriculture.
PRINCIPAL –
(1) PRINCIPAL BUILDING - See "building.."
(2) PRINCIPAL USE - See "use."
PRINTING - A business establishment primarily engaged in serving consumers and other
businesses in the reproduction of documents through digital technology or machines.
PRIVATE CLUB OR LODGE - A building and related facilities owned or operated by a
corporation, association or group of individuals established for the fraternal, social, educational,
recreational or cultural enrichment of its members and not primarily for profit and whose
members meet certain prescribed qualifications for membership and pay dues.
PRIVATE RECREATIONAL FACILITY - Recreation facilities and supporting buildings owned
by the members and open only to members and their guests for a membership fee. These facilities
are primarily supporting sports and recreational activities in which the participants are actively
engaged. Included are swimming, tennis, health and exercise and similar uses.
PRIVATE STREET - A private way used or intended to be used for passage by motor vehicles
owned and maintained privately and not maintained by the Borough.
PROJECTION - An architectural feature, including bays, balconies, chimneys, stairways,
canopies as used in vehicular drive-in facilities and similar structures. Roof overhangs, eaves,
cornices, terraces and unenclosed, uncovered porches less than three (3) feet above grade are not
considered projections.
PUBLIC HEARING - A formal meeting held pursuant to public notice by the governing body or
planning agency, intended to inform and obtain public comment, prior to taking action in
accordance with this Chapter.
PUBLIC NOTICE - Notice published once each week for two (2) successive weeks in a
newspaper of general circulation in the municipality. Such notice shall state the time and place of
the hearing and the particular nature of the matter to be considered at the hearing. The first
publication shall be not more than thirty (30) days and the second publication shall not be less
than seven (7) days from the date of the hearing. In case of conflict, the definition of Public
Notice contained in the MPC, as the same may be amended from time to time, shall prevail.
PUBLIC UTILITY BUILDING AND STORAGE YARD - A building or structure used or
intended to be used by any public utility, including but not limited to: treatment plant reservoir,
tank or other storage facility, water treatment plant, well, reservoir, tank, or other storage facility,
electric generating plant, distribution, or transmission substation, telephone switching or other
communications plant, any storage yard for public utility equipment or vehicles, and any parking
lot for parking vehicles or automobiles to serve a public utility.
PUBLIC UTILITY COMMISSION (PUC) – Pennsylvania Public Utility Commission
24

RECREATIONAL VEHICLE - A vehicle or attachment to a vehicle which is designed for human
habitation only under transient circumstances such as camping, traveling or other leisure time
activities, or any other recreational equipment such as a boat and its trailer.
RECREATIONAL FACILITY - A place designed and equipped for the conduct of sports and
leisure activities.
REPAIR SHOP - A place dedicated to the fixing and restoration of consumer goods, other than
automobiles.
REQUIRED YARD – Minimum yard areas mandated by this Chapter.
RESEARCH, TESTING AND DEVELOPMENT FACILITY - A production facility which
carries on investigation in the natural, physical or social sciences or engineering and development
as an extension of such investigation with the objective of creating end products and which may
include the initial manufacturing of developed product as an accessory use.
RETAIL SHOPS AND STORES - A business establishment located entirely within an enclosed
building which sells goods, services or merchandise to the general public for personal, household
or office consumption and which shall not include wholesaling, manufacturing or processing of
the goods offered for sale.
RETIREMENT COMMUNITY FOR THE ELDERLY - A residential development designed
primarily or exclusively for occupancy by elderly or retired persons and which includes one (1) or
more of the following special features or services associated with the needs of elderly or retired
persons, including, but not limited to, transportation, common dining facilities, laundry service,
housekeeping service, recreation programs, dispensaries, personal services, florist and/or gift
shop, branch bank, postal station, personal care boarding home, nursing home, assisted living
facilities, independent living facilities and similar services for facilities.
RIGHT-OF-WAY - Land set aside for use as a street, alley or other means of travel. With respect
to use by utilities, see "easement."
(1) EXISTING RIGHT-OF-WAY - The legal right-of-way as established by the
Commonwealth or other appropriate governing authority and currently in existence.
(2) FUTURE RIGHT-OF-WAY - The right-of-way deemed necessary as appropriate to
provide adequate width for future street improvements.
RIPARIAN BUFFER - A vegetated buffer strip along a watercourse that filters stormwater and
provides wildlife habitat.
ROOMER - See "boarder."
SCHOOL - Any public or private institution offering instruction for students up to and through
the secondary level.
SELF-STORAGE FACILITY - A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized and controlled
access stalls and/or lockers leased by the general public for a specified period of time for the dead
storage of personal property
25

SERVICE BUSINESS - Any enterprise conducted for gain which primarily offers services to the
general populace, such as shoe repair, valet service, watch repair, barber shop, beauty parlor, and
similar services and activities related to the personal needs of people, but not including massage
or similar services.
SEWER (SANITARY)
(1) PUBLIC SEWER SYSTEM - Any municipal system in which sewage is collected from
more than one (1) lot and piped to an approved sewage disposal plant. It shall also be
referred to as an "off-lot" or "off-site sewer." This shall include capped sewers when
installed to Borough specifications.
(2) PRIVATE SEWER SYSTEM - Any privately owned and maintained system in which
sewage is collected from more than one (1) lot and piped to an approved sewage disposal
plant or central septic tank disposal system. It shall also be referred to as an "off-lot" or
"off-site sewer."
(3) PRIVATE SEWAGE DISPOSAL - An on-lot disposal system providing for the disposal
of effluent for one (1) building and its accessory buildings on a single lot, subject to the
approval of the Allegheny County Health Department.
SETBACK - The minimum horizontal distance between the lot or property line and the nearest
front, side or rear line of the building (as the case may be), including terraces, patios, decks, or
any covered projection thereof, excluding steps.
SEXUAL CONDUCT - Patently offensive representations or descriptions of intimate sexual acts,
normal or perverted, actual or simulated and patently offensive representations, descriptions or
acts of masturbation, excretory functions, sadomasochistic abuse, sodomy, sexual intercourse or
physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such
person be female, breast.
SHOPPING CENTER - A group of commercial establishments planned, constructed and
managed as a total entity, with customer and employee parking provided on-site, and provision
for goods delivery separated from customer access.
SHOPPING PLAZA - See “shopping center.”
SINGLE-FAMILY DWELLING - A detached residential building which contains one (1)
dwelling unit and which is the only principal building on the lot.
SITE - A parcel or parcels of land intended to have one (1) or more buildings or intended to be
subdivided into one (1) or more lots.
SITE AREA - All land area within the site as defined in the deed. The actual area shall be from
the actual site survey rather than the deed description.
SKILLED NURSING CARE - Professionally supervised nursing care and related medical or
other health services provided for a period exceeding twenty-four (24) hours to an individual who
is not in need of hospitalization, but whose needs are such that they can only be met in a nursing
home on an inpatient basis, and who needs care because of age, illness, disease, injury,
convalescence or physical or mental infirmity, including the provision of daily inpatient services
that are needed on a daily basis by the patient, ordered by a physician, which requires the skills
of, and are furnished directly by or under the supervision of, technical or professional personnel,
26

including but not limited to, registered nurses, licensed practical nurses, physical therapists,
occupational therapists, speech pathologists or audiologists.
SLOPES - Areas where the average slope exceeds eight percent (8%), which are subject because
of the slope to high rates of stormwater runoff and, therefore, erosion.
SOLICITOR - The Solicitor of the Borough of Franklin Park.
SOLID WASTE FACILITY - Any land used for the disposal or storage of solid waste material,
including garbage, sewage, trash, rubble, construction debris, and all other kinds of organic or
inorganic refuse by abandonment, discarding, dumping, reduction, burial, incineration, or any
other similar means.
SOUTHWESTERN PLANNING COMMISSION (SPC) – The Regional Planning Body for the
Southwestern Pennsylvania Region consisting of a ten (10) county area.
SPECIALTY RETAIL - An establishment devoted exclusively to the sale of distinctive, high
quality merchandise, including one (1) or more of the following: art and photography galleries or
studios; antiques; books; boutique items; candles; candy; cards and stationary; cut and dried
flowers; gifts; handicrafts; homemade and gourmet food and baked items; interior decorator
items; leather goods; men’s, ladies’ and children’s apparel; pipes and tobacco; and shops of a
similar nature, but not including adult uses.
SPORTS FACILITY - Land or buildings for the pursuit of athletic activities and similar leisure
time activities such as golf courses, swimming pools, tennis courts, or ballfields, which are
operated by a governmental or nonprofit organization.
STABLE (COMMERCIAL) - Any lot on which horses are kept, boarded, trained and/or rented,
for profit.
STEEP SLOPES - Areas of existing topography, where in over a one hundred (100) foot
horizontal distance the difference in elevation is over twenty (20) feet, or where the slope equals
or exceeds twenty five (25%) percent from the top to bottom of the break in grade.
STORY - That portion of a building, included between the surface of any floor and the surface of
the floor next above it or, if there is not a floor above it, then the space between the floor and the
ceiling next above it. A basement shall not be counted as a story for the purpose of height
measurement unless one-half (1/2) or more of its volume is above the average level of the
adjacent ground.
STREET LINE - The dividing line between the street and the lot. The street line shall be the same
as the legal right-of-way, provided that where a future right-of-way width for a street or streets
has been established, then that width shall determine the location of the street line.
STRUCTURE - Any man-made object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land. Structures include, but are not limited to, buildings,
garages, sheds, walls, fences and signs.
(1) STRUCTURE, ACCESSORY – Any structure or building that is subordinate to and
contributing to the use of the main structure.
27

SUBDIVISION - The division or redivision of a lot, tract or parcel of land, by any means, into
two (2) or more lots, tracts, parcels or other divisions of land, including changes in existing lot
lines for the purpose, whether immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development; provided, however, that
the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres,
not involving any new street or easement of access, or residential dwellings shall be exempted.
SUPERMARKET - A retail store, the primary function of which is the sale of staple goods and
other basic life necessities.
SWIMMING POOL: PRIVATE – Any private pool open tank or other container, that is 24 inches
or deeper, but not including farm ponds, designed, installed or used for swimming, wading or
recreational bathing.
SWIMMING POOL: INSTITUTIONAL AND RECREATIONAL – An Institutional or
Recreational Swimming Pool shall be any body of water, but not including farm ponds, used for
public bathing, swimming or wading that is regulated by the PA-UCC and the Public Bathing
Law (35 P.S.).
TAVERN - An establishment used primarily for the serving of alcoholic beverages by the drink
to the general public and where food or packaged alcoholic beverages may be served or sold only
as accessory to the primary use.
TEMPORARY STRUCTURE - A structure or use necessary during construction or other special
circumstances of a nonrecurring nature.
TOT LOT – A young children’s playground containing equipment and facilities that primarily
meets the recreational needs of children eight (8) years of age or younger.
TOWNHOUSE - A residential building containing at least three (3), but no more than six (6)
dwelling units, each of which are separated from the adjoining unit or units by a continuous,
unpierced vertical wall extending from basement to roof, each unit having independent access
directly to the outside and having no other units above or below.
TRACT - An area, parcel, site, piece of land or property which is the subject of a development
application.
TRUCK SALES - See “automobile sales.”
TRUCK TERMINAL - Any premises used by a motor freight company as a carrier of goods,
which is the origin or destination point of goods being transported, for the purpose of storing,
transferring, loading, and unloading goods.
UNIFORM CONSTRUCTION CODE (UCC) - The PA Construction Code, Act 45 of 1999, as
amended adopted the 1999 BOCA (Building Officials and Code Administrators International,
Inc.) National Building Code, 14th Edition, as the Uniform Construction Code, rather than
specifying its own regulations. The BOCA National Building Code includes provisions for
electrical, mechanical, plumbing and gas work. The Uniform Construction Code Act applies to all
construction, alteration, repair and occupancy in all structures within the state of Pennsylvania.
UPHOLSTERER - A business that repairs and replaces upholstery to household and office
furnishings; does not include motor vehicle upholstering or repair.
28

USE - Any activity, occupation, business or operation carried on or intended to be carried on in a
building or other structure or on a tract of land.
(1) USE, ACCESSORY - A use located on the same lot with a principal use and clearly
incidental or subordinate to and in connection with the principal use.
(2) USE, PRINCIPAL - The main use on a lot.
USED OR OCCUPIED - As applied to any land or building, includes the words "intended,
arranged or designed to be occupied."
UTILITIES - Those services customarily rendered by public utility corporations, municipalities
or municipal authorities in the nature of electricity, gas, telephone, water and sewerage, including
the appurtenances used in connection with the supplying of such services (buildings, wires, pipes,
poles and the like).
VARIANCE - A modification of the literal provisions of this Chapter which the Franklin Park
Borough Zoning Hearing Board is permitted to grant when strict enforcement of such provisions
would cause undue hardship owing to circumstances unique to the individual property concerning
which the variance is sought in accordance with the provisions of the Pennsylvania Municipalities
Planning Code, Act 247, as amended.
VEHICULAR ACCESSORIES SALES – Sale of new vehicular accessories, parts, tires, batteries
and other supplies.
VEHICLE REPAIR AND INSPECTION - A business establishment that performs inspections
and/or services motor vehicles with all types of repair work including engine and transmission
repairs, body work, painting, car washing, or similar activities.
VEHICLE SALVAGE YARD - Any lot or parcel, or part thereof, including automobile
graveyards, where a salvage vehicle, or parts thereof, are located for the purposes of resale as
parts or parts as salvage only.
VETERINARY FACILITY - A business establishment owned and operated by a veterinary
medical doctor(s), certified in the Commonwealth of Pennsylvania, for the medical or surgical
treatment of domestic, agricultural or zoological animals but excluding the boarding and
grooming of animals not subjected to medical or surgical treatment.
WALL SIGN - A sign attached parallel to but within twelve (12) inches of a wall, painted on the
wall surface or erected and confined within the limits of an outside wall of any building or
structure, which is supported by such wall or building and which displays only one (1) sign
surface.
WAREHOUSE OR WAREHOUSING - A building used for the storage of goods and
merchandise. An establishment for the storage and handling of freight or merchandise, but not
including the maintenance or fueling of commercial vehicles.
WATERCOURSE - Natural or once naturally flowing (perennially or intermittently) water
including rivers, streams, and creeks. Includes natural waterways that have been channelized, but
does not include man-made channels, ditches, and underground drainage and sewage systems.
29

WETLANDS - All areas regulated as wetlands by the Pennsylvania Department of
Environmental Protection or Federal agencies.
WHOLESALE - An establishment or place of business primarily engaged in selling or
distributing merchandise to industrial, commercial, institutional, or professional or to other
business users.
WINDOW SIGN - Any business sign which is oriented to the public right-of-way and is attached
to the outside or inside of a window.
YARD - An open space, unobstructed from the ground up, on the same lot with a structure,
extending along a lot line or street line and inward to the structure. The size of a required yard
shall be measured as the shortest distance between the structure and a lot line or street line.
(1) YARD, FRONT - A yard between a structure and a street line and extending the entire
length of the street line. In the case of a corner lot, the yards extending along all streets
are front yards. In the case of a lot other than a corner lot that fronts on more than one (1)
street, the yards extending along all streets are front yards.
(2) YARD, REAR - A yard between a structure and a rear lot line and extending the entire
length of the rear lot line.
(3) YARD, SIDE - A yard between a structure and a side lot line extending from the front
yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape,
any yard that is not a front yard or a rear yard shall be considered a "side yard."
ZONING LOT - A tract of land occupied or to be occupied by a principal building and its
accessory facilities, together with such open spaces and yards as are required under the provisions
of this Chapter, having not less than the minimum area required by this Chapter for a zoning
purpose in the district in which such land is situated, and having its principal frontage on a public
street of standard width and improvement. A zoning lot need not necessarily coincide with the lot
of record.
ZONING DISTRICT - A section of Franklin Park Borough for which uniform regulations
governing the use, height, area, density and intensity of use of buildings and land and open space
about buildings are herein established.
30

§ 212-203. Area and Bulk Regulation Terms Illustrated.
The terms defined in § 212-202, which govern area and bulk regulations, are illustrated in Figure
2-1.
Figure 2-1: Illustrated Area and Bulk Regulation Terms
Additional illustrations for lots of various shapes are provided in The Code of the
Borough of Franklin Park, Appendix F, pages FP-5 and FP-6.
31

ARTICLE 300. Zoning Districts and the Zoning Map
§ 212-301. Districts Established.
Franklin Park Borough is hereby divided into districts of different types, each type being of such
number, shape, kind and area and of such common unity of purpose and adaptability of use that is
deemed most suitable to carry out the objectives of this Chapter and the Comprehensive Plan.
§ 212-302. Classes of Districts.
For the purpose of this Chapter, Franklin Park Borough is hereby divided into districts which
shall be designated as follows:
A. Residential districts:
(1) R-1 Low density residential
(2) R-2 Medium density residential
(3) R-3 Multi-family residential
(4) R-4 High density multi-family residential
B. Mixed use districts:
(1) M-1 Low intensity mixed use residential and commercial
(2) M-2 Medium intensity mixed use residential, commercial and light industrial
(3) M-3 High intensity mixed use residential, commercial and manufacturing
C. Overlays:
(1) Transition overlay
§ 212-303. Zoning Map.
The locations and boundaries of the areas classified within each of these zoning districts and
overlays are set forth on the Zoning Map attached hereto and made a part hereof by this reference
and adopted at the time of enactment of this Chapter. All notations, references, explanatory
matter and other information on the Zoning Map are adopted and incorporated herein by this
reference. The Zoning Map shall be kept on file for public inspection in the business office of the
Borough.
§ 212-304. Interpretation of District and Overlay Boundaries.
The zoning district and overlay boundaries shall be shown on the Zoning Map with different
colored areas.
A. Where district and overlay boundaries are indicated as approximately coinciding with the
center lines of streets, ways, alleys, highways, railroad lines or streams, such center lines shall
be construed to be such boundaries.
B. Where district and overlay boundaries are indicated as approximately coinciding with plotted
lot lines, such lot lines shall be construed to be such boundaries, or where district and overlay
boundaries are indicated as extensions of plotted lot lines or connections of the intersections
of plotted lot lines, such lines shall be construed to be such boundaries.
C. Where district and overlay boundaries are indicated as approximately parallel to center lines
of streets, alleys, ways, highways, railroad lines or streams, lot lines or other physical
features, such district and overlay boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Zoning Map; provided that distances not
indicated specifically on the Zoning Map shall be determined by measurement according to
the scale of the Zoning Map.
32

D. In cases where district and overlay boundaries as shown on the Zoning Map do not coincide
or approximately coincide with streets, ways, alleys, highways, railroad lines, streams, or
plotted lot lines, and no dimensions are shown on the Zoning Map, the location of such
boundary lines shall be determined by the use of the scale appearing on the Zoning Map.
E. Where physical or natural features existing on the ground are at variance with the district and
overlay boundaries as shown on the Zoning Map or as interpreted pursuant to this section, the
Zoning Hearing Board, upon application, shall interpret the district and overlay boundaries.
F. Where any land within the municipal boundaries of the Borough is unzoned and shown on the
Zoning Map with the color white, such as the land areas known as Interstate 79 and Interstate
279, the land shall be interpreted as being within the immediately adjacent zoning district
with which the subject land shares the majority of its property line.
33

ARTICLE 400. Use Regulations
§ 212-401. Use to Conform to Indicated Purposes.
Except as provided by law or in this Chapter, in each district no building, structure or land shall
be used or occupied except for the purposes permitted in § 212-404 and for the zoning districts so
indicated.
§ 212-402. Manner of Indicating Whether Uses are Permitted.
A. A use listed in § 212-404 is permitted by right in any district denoted by the letter "P," subject
to such requirements as shall be specified in Article 1900, the appropriate sections of Article
2100 and after a zoning permit has been issued in accordance with Article 2500.
B. A use listed in § 212-404 is permitted as a conditional use in any district denoted by the letter
"C," provided that the governing body, having received recommendations from the Planning
Commission, grants the conditional use, subject to the expressed standards set forth in Article
1900 and to the requirement in Section 603(c)(2) of the Pennsylvania Municipalities Planning
Code (MPC) that the governing body conduct a public hearing pursuant to public notice
before acting on a conditional use.
C. A use listed in § 212-404 is not permitted in any district denoted by the letter "N."
§ 212-403. Applicability of Other Regulations.
Uses permitted by right or conditional uses shall be subject, in addition to use regulations, to such
regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking
and loading, requirements of landscaping and buffering, and to such other provisions as are
specified in other articles hereof.
§ 212-404. Tables of Use Regulations.
(Note: To be used in conjunction with detailed use requirements in Article 1900 and all other
applicable requirements.)
KEY:
P = Permitted
C = Conditional Use
N = Not Permitted
A. Table 4-1: Table of Agricultural Uses.
Agricultural Use Regulations
34
District
Use Section R1 R2 R3 R4 M1 M2 M3
Animal husbandry § 212-1901.D. C N N N N N N
Farm § 212-1901.A. P P P P N P P
Farm market § 212-1901.G. P N N N P P P

B.
Use Section R1 R2 R3 R4 M1 M2 M3
Forestry Chapter 128 P P P P P P P
Greenhouse § 212-1901.C. P C C C N C P
Kennel § 212-1901.E. C N N N N N P
Nursery § 212-1901.B. C C C C N C P
Stable (commercial) § 212-1901.F. C N N N N N N
Table 4-2: Table of Residential Use Regulations.
Residential Use Regulations
35
District
Use Section R1 R2 R3 R4 M1 M2 M3
Single-family dwelling § 212-1902.A. P P P P P N N
Duplex § 212-1902.B. N N P P P N N
Townhouse § 212-1902.C. N N P P P P N
Apartment building § 212-1902.D. N N P P P P N
Conversion § 212-1902.E. N N N N P N N
Boarding house § 212-1902.F. N N N N C N N
Mobile home park § 212-1902.G. N N N N N N C
Retirement community for the elderly § 212-1902.H. N N N C C N N
C. Table 4-3: Table of Institutional and Recreational Use Regulations.
Institutional and Recreational Use Regulations
District
Use Section R1 R2 R3 R4 M1 M2 M3
Adult care facility See Definition N N N C C C C
Cemetery § 212-1904.G. C N N N N N N
College, university & satellites See Definiton N N N N C P N
Community center § 212-1904.C. N N C C C N N
Country club § 212-1904.J. C C C C N N N
Day care center § 212-1904.D. N N N C C C C
Day care home § 212-1904.D. N N C C C C C
Emergency service and municipal facility § 212-1904.L. C C C C P P P
Group child day care home § 212-1904.D. N N N C C C C
Halfway house § 212-1904.M. N N N C N N C
Hospital § 212-1904.F. N N N P N N N
Library § 212-1904.B. N N P P P N N

Use Section R1 R2 R3 R4 M1 M2 M3
Municipal buildings & facilities See Definition C C C C P P P
Museum See Definition N N P P P N N
Nursing home § 212-1904.E. N N N C C N N
Park § 212-1904.H. P P P P P P N
Personal care boarding home § 212-1904.E. N N N C C N N
Place of worship § 212-1904.A. C C C C C C N
Private club or lodge § 212-1904.K. C C C C N N N
Public utility structure, other than
telecommunications tower
See Definition C C C C C C C
Recreational facility (public) § 212-1904.H. C C C C N N N
Recreational facility (private) § 212-1904.I. C C C C N N N
Country club § 212-1904.J. C C C C N N N
School § 212-1904.B. P P P P N N N
Sewage treatment plant § 212-1904.L. C N N N N N N
Sports facility See Definition P P P P N N N
D. Table 4-4: Table of Office Use Regulations.
Office Use Regulations
36
District
Use Section R1 R2 R3 R4 M1 M2 M3
Medical office See Definition N N C C P P N
Office, professional See Definition N N N N P P N
E. Table 4-5: Table of Retail and Consumer Use Regulations.
Retail and Consumer Use Regulations
District
Use Section R1 R2 R3 R4 M1 M2 M3
Adult bookstore/video store, adult theater
or movie house or adult live theater
§ 212-1905.O. N N N N N C N
Amusement facility See Definition N N N N N C N
Automobile sales § 212-1905.H. N N N N N C P
Automotive service station § 212-1905.G. N N N N C P N
Bed and breakfast See Definition C N N N N N N
Car wash § 212-1905.Q. N N N N N C P
Commercial telecommunications tower § 212-1905.P. N N N N C C C
Convenience store § 212-1905.A. N N N N P N N

Use Section R1 R2 R3 R4 M1 M2 M3
Eating place § 212-1905.B. N N N N P P P
Eating place with drive-through facility § 212-1905.B. N N N N N P P
Entertainment facility § 212-1905.E. N N N N N P N
Essential/Commercial
telecommunications tower
See Definition C C C C C C C
Essential telecommunications tower See Definition P N N N N N N
Financial establishment See Definition N N N N P P N
Funeral home § 212-1905.C. N N N N N P N
Golf Course See Definition C C C C N N N
Laundry and dry cleaning establishment See Definition N N N N P P P
Lumberyard See Definition N N N N N N P
Medical and diagnostic lab – out-patient See Definition N N N N P P N
Medical office/clinic See Definition N N N N P P N
Motel or hotel § 212-1905.D. N N N N N P N
Parking facility § 212-1905.L. N N N N C P N
Personal service establishment See Definition N N N N P P P
Public solid waste disposal facility § 212-1905.N. C N N N N N N
Public utility building § 212-1905.M. C C N N N C C
Repair shop See Definition N N N N P P P
Research, testing and development
facility
See Definition N N N N N P P
Retail shops and stores See Definition N N N N P P N
Service business See Definition N N N N P P N
Shopping center § 212-1905.R. N N N N N P N
Specialty retail See Definition N N N N C C N
Supermarket See Definition N N N N C C N
Tavern See Definition N N N N P P N
Truck sales § 212-1905J N N N N N C P
Upholsterer See Definition N N N N P P P
Vehicular accessories sales § 212-1905.K. N N N N C C P
Vehicle repair and inspection § 212-1905.I. N N N N N C P
Veterinary facility § 212-1905.F. N N N N P P P
37

F. Table 4-6: Table of Industrial Use Regulations.
Industrial Use Regulations
38
District
Use Section R1 R2 R3 R4 M1 M2 M3
Manufacturing § 212-1906.A. N N N N N N P
Research, testing and development facility See Definition N N N N N P P
Wholesale See Definition N N N N N N P
Printing See Definition N N N N N N P
Contracting § 212-1906.B. N N N N N P P
Truck terminal See Definition N N N N N C N
Crafts § 212-1906.C. N N N N N P P
Vehicle salvage yard § 212-1906.D. N N N N N N C
Industrial park § 212-1906.E. N N N N N P P
Self-storage facility § 212-1906.F. N N N N N C P
Warehouse § 212-1906.F. N N N N N C P
G. Table 4-7: Table of Accessory Use Regulations.
Accessory Use Regulations
District
Use Section R1 R2 R3 R4 M1 M2 M3
Home occupation § 212-1907.A. C C C C C C C
No-impact home based business § 212-1907.B. P P P P P P P
Residential accessory uses, buildings, or
structures
Commercial accessory uses, building, or
structure
§ 212-1907.C. P P P P P P P
§ 212-1907.D. N N N N P P P
Outdoor storage or display § 212-1907.E. N N N N N N P
Temporary structure § 212-1907.F. C C C C C C C
Swimming pool private § 212-1907.G. P P P P P P P
Swimming pool institutional/public See Definition P P P P P P N
Wind, solar or geothermal facility 212-1907 H C C C C C C C

ARTICLE 500. Area and Bulk Requirements
§ 212-501. Residential Uses Area and Bulk Requirements Table.
Table 5-1: Residential Uses Area and Bulk Table.
Maximum
Dwelling
Minimum
Site Area
Minimum
Front Yard
Minimum
Side Yard
Percent of
Paving in
Minimum
Lot Size (sq
District Type (acres) (feet) (feet) each Front Yard ft. per DU) 4
Minimum
Lot Width at
Maximum
Building
Setback Line
Minimum
Rear Yard
Building
Height
DU's per
Gross
(feet) (feet) (stories) Acre
R-1 Single-Family 50 / 40 20 10% 40,000 160 30 2+A,B 3 1.089
R-2 Single-Family 50/ 40 15 20% 20,000 90 30 2+A,B 3 2.178
R-3
R-4
M-1
M-2
M-3
Single-Family 30 10 25% 10,000 75 30 2+A,B 3 4.358
Duplex 30 10 30% 10,000 2
100 2 30 2+A,B 3 8.712
Townhouse 1 30 10 1 70% 2,500 24 30 2+A,B 3 8
Apartment 2 30 10 1 80% 30 2+B 3 12
Single-Family 25 7.50 30% 65 60 30 2+A,B 3 6.701
Duplex 25 10 30% 10,000 2
100 2 30 2+A,B 3 8.712
Townhouse 1 25 10 1 90% 2,500 20 20 3+A,B 3 1.742
Apartment 3 30 10 1 2,000 30 4+A,B 6
Single-Family 25 7.5 30% 6,500 60 30 2+A,B 3 12
Duplex 25 10 30% 10,000 2
100 2 30 2+A,B 3 10
Townhouse 1 25 10 90% 2,500 24 30 2+A,B 3 24
Apartment 1 25 20 90% 30 2+A,B 3 6
Townhouse 1 25 20 90% 2,000 20 2+B 3 10
Apartment 3 50 15 2,000 30 8+B 3 24
Mobile Home
Park
5 25 7.5 40% 4,000 50 20 1+B 3 6
1 Minumum building spacing between buildings on the same lot and between a building and a lot line
2 Requirements per two dwelling units
3 A= Attic, B= Basement
4 In the absence of public water and sewer the R-1 requirements shall apply
§ 212-502. Non-Residential Uses Area and Bulk Requirements Table.
Table 5-2: Non-Residential Uses Area and Bulk Table.
District
Outdoor
Storage
Display
Minimum
Front Yard
(feet)
Minimum
Side Yard
(feet)
10 1
Maximum
Lot Coverage
M1 n/a 25 20%
20 2
10 1
M2 n/a 25 35%
M3
1: if adjacent to other nonresidential uses
2: if adjacent to residential uses
20 2
15 1
20 2
39
Minimum
Lot Size
(acres)
25 45% 1
§ 212-503. Required Yards to Apply to One (1) Building.
Minimum
Lot Width
(feet)
0.5 100
150
Minimum
Rear Yard
(feet)
30
10 1
30 2
Maximum
Building
Height (feet)
0.5 100 30 25
70 feet
or 6 stories
No part of a yard or other open space about any building, structure or use, required for the
purpose of complying with the provisions of this Article, shall be included as a part of a yard or
open space similarly required for another building, except when specifically authorized.
§ 212-504. Reserved
§ 212-505. Property Applied to One (1) Set of Dimensional Requirements.
A. The lot or yard requirements for any new building or use shall not include any part of a lot
that is required by any other building or use to comply with the requirements of this Chapter.
B. No required lot or area shall include any property, the ownership of which has been
transferred subsequent to the effective date of this Chapter, if such property was a part of the
35

area required for compliance with the dimensional requirements applicable to the lot from
which such transfer was made.
§ 212-506. Minimum Lot Size; Computing Lot Size.
A. Where a minimum lot size is specified, no primary building or use shall be erected or
established on any lot of lesser size than as specified in Article 500, except as specified in §
212-507.
B. For any lot in which the width between the side lines of the lot are less than the width at the
building line, only that portion of the lot in which the width exceeds fifty percent (50%) of
the width of the building line shall be used to compute the minimum lot area.
§ 212-507. Existing Lots of Inadequate Size.
A. The provisions of this Article shall not prevent the construction of a single-family dwelling in
a residential district on any lot that was lawful when created and which, prior to the effective
date of this Chapter, was in separate ownership duly recorded by plan or deed, provided that:
(1) Such a lot was lawful when recorded.
(2) Those lots not served by a public water supply shall meet all requirements of the
Department of Environmental Protection (DEP). Those lots not served by a public sewer
shall meet the requirements of the DEP as specified by the Allegheny County Health
Department.
B. This exception shall not apply to any two (2) or more contiguous lots in a single ownership as
of or subsequent to the effective date of this Chapter, in any case where a reparceling or
replatting could create one (1) or more lots which would conform to the Article.
§ 212-508. Minimum Lot Width.
A. Where a minimum lot width is specified, no primary building shall be erected on any part of a
lot which has a width less than that specified in § 212-501 and § 212-502, except as specified
in § 212-507.
B. On lots fronting on a cul-de-sac, it is required that the minimum lot width be measured at the
building setback line.
§ 212-509. Minimum Front Yard Depths.
Where a minimum depth of front yards is specified in Article 500, an open space of at least the
specified depth shall be provided between the street line or lines and the nearest point of any
building or structure, except as shall be permitted hereafter. As provided in § 212-200, street lines
are considered to be established by future rights-of-way when so designated. The purpose of this
provision is to avoid interference with future street widenings and improvements.
§ 212-510. Average Existing Front Yard Depth Exceptions.
If the alignment of existing buildings on either side of a lot, within a distance of fifty (50) feet of
the proposed building and fronting on the same side of the same street in the same block, is nearer
to the street than the required front yard depth, the average of such existing alignment within that
distance shall be the required front yard.
40

§ 212-511. Projections into Front Yards.
Projections, as defined in § 212-200, shall not occur in front yards.
§ 212-512. Fences, Walls, Terraces and Porches in Front Yards.
The provisions of § 212-509 shall not apply to front fences or walls less than four (4) feet high
above the natural grade in the required front yard nor to terraces, steps, uncovered porches or
unenclosed porches nor to other similar features less than three (3) feet above the level of the
floor of the ground story of the principal structure.
§ 212-513. Use of Required Side Yards.
A. No portion of a building or structure shall be built within the minimum side yard specified in
§ 212-501 or § 212-502, except as permitted in § 212-514.
B. Driveways shall be permitted in side yards.
§ 212-514. Projections into Side Yards.
Bays, balconies, chimney flues and fire escapes may project into a required side yard not more
than one-third (1/3) of the width of the projection, but no more than four (4) feet in any case.
Ground-story bays and porches which encroach on a side yard shall not exceed half the length of
the side wall and may project into any required side yard three-and-one-half (3 1/2) feet. In
neither instance shall the projection be within three-and-one-half (3 1/2) feet of the lot line of side
yards.
§ 212-515. Fences, Terraces and Porches in Side Yards.
The provisions of § 212-513 shall not apply to fences or walls less than six (6) feet above the
natural grade nor to terraces, steps, uncovered porches or other similar features less than three (3)
feet above the floor of the ground story of the principal structure.
§ 212-516. Accessory Buildings and Structures.
A. Accessory buildings and structures shall not be permitted within the required front yard area.
B. The following dimensional regulations shall apply to completely detached accessory
buildings and structures smaller than one hundred forty-four (144) square feet in area.
(1) They may be located within the required side or rear yard as specified in § 212-501 and §
212-502.
(2) They shall be located a minimum of fifteen (15) feet from any side or rear lot line.
(3) They shall be located a minimum of five (5) feet from the rear of the principal structure
on that lot.
C. The following dimensional regulations shall apply to completely detached accessory
buildings and structures larger than one hundred forty-four (144) square feet and smaller than
six hundred (600) square feet in area.
(1) They shall only be permitted to be located behind the rear wall of the principal structure.
There shall be a minimum of 5 feet from the principal structure.
D. An accessory building shall also comply with 212-1907 C (1) of this Chapter.
41

§ 212-517. Building in Rear Yards.
No portion of a principal building or structure shall be built within the minimum rear yard
specified in § 212-501 and § 212-502, except as permitted in § 212-518.
§ 212-518. Projections into Rear Yards.
Such projections into side yards as permitted by § 212-514 shall also be permitted into rear yards,
up to the same number of feet, but in no case within five (5) feet of an accessory building.
§ 212-519. Minimum Height of Structures Other Than Buildings.
Structures such as, but not limited to: television and radio towers, monuments, tanks, water and
fire towers, ornamental towers and spires, chimneys, silos, elevator bulkheads, conveyors and
flagpoles may exceed the height regulation herein prescribed, provided that each required front,
side and rear yard shall be increased by one (1) foot for each of additional height above thirty-five
(35) feet and that the height of such structures will not constitute a hazard. The Allegheny County
Airport Zoning Committee shall be consulted and a permit secured, if applicable.
42

ARTICLE 600. R-1 Low Density Residential District
§ 212-601. Purpose.
It is the intent and purpose of this district to mutually provide for development of housing
opportunities and preserve identified sensitive environmental areas. Lands within the Low
Density Residential (R-1) District possess many common features, including: steep slopes, open
spaces and forested areas, limited access to public water and sewer, natural resources and
sensitive environmental areas, and lower densities of housing.
§ 212-602. Permitted Principal Uses, Conditional Uses and Accessory Uses.
A. Principal uses permitted-by-right for the Low Density Residential District are listed in the
table of uses located in Article 400, §212-404.
B. Conditional uses allowed within the Low Density Residential District are listed in the table of
uses located in Article 400, §212-404.
C. Accessory uses permitted-by-right or as a conditional use in the Low Density Residential
District are listed in the table of accessory uses located in Article 400, §212-404.G.
§ 212-603. Area and Bulk Standards.
A. Area and bulk standards for the low density residential district are listed in the table in Article
500, §212-501.
§ 212-604. Supplementary Regulations.
A. Express standards in Article 1900.
B. Landscaping and bufferyard requirements in Article 2000.
C. Performance standards in Article 2100.
D. Off-street parking and loading requirements in Article 2200.
E. Sign requirements in Article 2300.
F. Conservation subdivision design in Article 1700, as applicable.
G. Natural resources protection requirements in Article 1500, as applicable.
43

ARTICLE 700. R-2 Medium Density Residential District
§ 212-701. Purpose.
It is the intent and purpose of this district to mutually provide areas which are in close proximity
to existing and future development of equivalent or higher densities, and which are intended for
residential development where public water and sewerage facilities are available. Development in
the R-2 district is intended to be characterized primarily by single-family dwellings.
§ 212-702. Permitted Principal Uses, Conditional Uses and Accessory Uses.
A. Principal uses permitted-by-right for the medium density residential district are listed in the
table of uses located in Article 400, §212-404.
B. Conditional uses allowed within the medium density residential district are listed in the table
of uses located in Article 400, §212-404.
C. Accessory uses permitted-by-right or as a conditional use in the medium density residential
district are listed in the table of accessory uses located in Article 400, §212-404.G.
§ 212-703. Area and Bulk Standards.
A. Area and bulk standards for the medium density residential district are listed in the table in
Article 500, §212-501.
§ 212-704. Supplementary Regulations.
A. Express standards in Article 1900.
B. Landscaping and bufferyard requirements in Article 2000.
C. Performance standards in Article 2100.
D. Off-street parking and loading requirements in Article 2200.
E. Sign requirements in Article 2300.
F. Conservation subdivision design in Article 1700, as applicable.
G. Natural resources protection overlay in Article 1500, as applicable.
H. Transition overlay in Article 1300, as applicable.
44

ARTICLE 800. R-3 Multi-Family Residential District
§ 212-801. Purpose.
It is the intent and purpose of this district to mutually provide a wide range of higher-intensity
residential development in portions of the municipality with convenient and adequate access to
the commercial and light industrial uses and major transportation thoroughfares.
§ 212-802. Permitted Principal Uses, Conditional Uses and Accessory Uses.
A. Principal uses permitted-by-right for the multi-family residential district are listed in the table
of uses located in Article 400, §212-404.
B. Conditional uses allowed within the multi-family residential district are listed in the table of
uses located in Article 400, §212-404.
C. Accessory uses permitted-by-right or as a conditional use in the multi-family residential
district are listed in the table of accessory uses located in Article 400, §212-404.G.
§ 212-803. Area and Bulk Standards.
A. Area and bulk standards for the multi-family residential district are listed in the table in
Article 500, §212-501.
§ 212-804. Supplementary Regulations.
A. Express standards in Article 1900.
B. Landscaping and bufferyard requirements in Article 2000.
C. Performance standards in Article 2100.
D. Off-street parking and loading requirements in Article 2200.
E. Sign requirements in Article 2300.
F. Natural resources protection overlay in Article 1500, as applicable.
45

ARTICLE 900. R-4 High Density Multi-Family Residential District
§ 212-901. Purpose.
It is the intent and purpose of this district to mutually provide a wide range of higher-intensity
residential development in portions of the municipality with convenient and adequate access to
the commercial and light industrial uses and major transportation thoroughfares.
§ 212-902. Permitted Principal Uses, Conditional Uses and Accessory Uses.
A. Principal uses permitted-by-right for the high density multi-family residential district are
listed in the table of uses located in Article 400, §212-404.
B. Conditional uses allowed within the high density multi-family residential district are listed in
the table of uses located in Article 400, §212-404.
C. Accessory uses permitted-by-right or as a conditional use in the high density multi-family
residential district are listed in the table of accessory uses located in Article 400, §212-404.G.
§ 212-903. Area and Bulk Standards.
A. Area and bulk standards for the high density multi-family residential district are listed in the
table in Article 500, §212-501.
§ 212-904. Supplementary Regulations.
A. Express standards in Article 1900.
B. Landscaping and bufferyard requirements in Article 2000.
C. Performance standards in Article 2100.
D. Off-street parking and loading requirements in Article 2200.
E. Sign requirements in Article 2300.
F. Natural resources protection overlay in Article 1500, as applicable.
46

ARTICLE 1000. M-1 Low Intensity Mixed Use Residential and Commercial District
§ 212-1001. Purpose.
It is the intent and purpose of this district to mutually allow a mixture of low-intensity
commercial and residential uses to reflect the existing small-town character and associated land
use patterns.
§ 212-1002. Permitted Principal Uses, Conditional Uses and Accessory Uses.
A. Principal uses permitted-by-right for the low intensity mixed use residential and commercial
district are listed in the table of uses located in Article 400, §212-404.
B. Conditional uses allowed within the low intensity mixed use residential and commercial
district are listed in the table of uses located in Article 400, §212-404.
C. Accessory uses permitted-by-right or as a conditional use in the low intensity mixed use
residential and commercial district are listed in the table of accessory uses located in Article
400, §212-404.G.
§ 212-1003. Area and Bulk Standards.
A. Area and bulk standards for the low intensity mixed use residential and commercial district
are listed in the table in Article 500, §212-501 and §212-502.
§ 212-1004. Supplementary Regulations.
A. Express standards in Article 1900.
B. Landscaping and bufferyard requirements in Article 2000.
C. Performance standards in Article 2100.
D. Off-street parking and loading requirements in Article 2200.
E. Sign requirements in Article 2300.
F. Natural resources protection overlay in Article 1500, as applicable.
47

ARTICLE 1100. M-2 Medium Intensity Mixed Use Residential, Commercial and
Manufacturing District
§ 212-1101. Purpose.
A. It is the intent and purpose of this district to foster improved traffic and pedestrian circulation
and safety as well as consistency in lot layout and design along the Borough’s busiest
transportation corridors. The Comprehensive Plan concluded that past development along
these corridors has led to increased traffic congestion, large expanses of parking, inadequate
pedestrian access, and unappealing visual clutter. The Borough desires that new construction
and redevelopment of existing sites will enhance the function and appearance of these
corridors by incorporating access management and design principles.
B. This district implements the Comprehensive Plan’s specific recommendations that
interchange corridor enhancement standards and access management requirements be added
to the Borough’s Zoning Ordinance.
§ 212-1102. Permitted Principal Uses, Conditional Uses and Accessory Uses.
A. Principal uses permitted-by-right for the medium intensity mixed use residential, commercial
and manufacturing district are listed in the table of uses located in Article 400, § 212-404.
B. Conditional uses allowed within the medium intensity mixed use residential, commercial and
manufacturing district are listed in the table of uses located in Article 400, § 212-404.
C. Accessory uses permitted-by-right or as a conditional use in the medium intensity mixed use
residential, commercial and manufacturing district are listed in the table of accessory uses
located in Article 400, § 212-404.G.
§ 212-1103. Area and Bulk Standards.
A. Area and bulk standards for the medium intensity mixed use residential, commercial and
manufacturing district are listed in the table in Article 500, § 212-501 and §212-502.
§ 212-1104. Supplementary Regulations.
A. Express standards in Article 1900.
B. Landscaping and bufferyard requirements in Article 2000.
C. Performance standards in Article 2100.
D. Off-street parking and loading requirements in Article 2200.
E. Sign requirements in Article 2300.
F. Natural resources protection overlay in Article 1500, as applicable.
§ 212-1105. Special Regulations for the M-2 District.
In addition to the above sections of this Article, the provisions of § 212-1106 through § 212-1109
shall apply to land developments within the M-2 District.
§ 212-1106. Applicability.
A. The requirements of this Article shall be applicable to 1) any new construction, whether
stand-alone or part of a larger site development, 2) expansions of existing buildings and/or
parking facilities and 3) any change in the principal use of the building.
48

B. Nonconforming Lots.
(1) When an existing lot does not conform to the requirements of this District, any new
construction, expansion or change in use shall only be permitted if the applicant agrees to
bring the lot into compliance with the following requirements of this Chapter:
a. § 212-1108 Access Management Requirements.
b. Article 2000 Buffering and landscaping.
c. Article 2300 Signs.
d. § 212-1109(C), Site Planning.
e. Article 2200 Off-street parking and loading.
(2) Any new construction on a nonconforming lot shall be required to meet the building
orientation and design requirements of this district. Existing buildings on the parcel
which do not meet the building orientation and design requirements may remain
unchanged but shall not be expanded or redesigned to make them more non-conforming
with such requirements.
§ 212-1107. Reserved.
§ 212-1108. Access Management Requirements.
A. Traffic Impact Study
(1) A traffic impact study shall be required and submitted to the Borough if:
a. The development is expected to generate average daily traffic (ADT) of one thousand
five hundred (1,500) vehicles or more;
b. During any one (1) hour time period, the development is expected to generate one
hundred (100) new vehicle trips either entering or exiting the development; or
c. The Borough determines that a traffic study is warranted due to existing traffic
problems on adjacent or surrounding streets or proximity to other access driveways
or intersections.
(2) For purposes of determining the need for a traffic study, the Borough and the applicant
shall assume that the development shall have one (1) access driveway at one (1) location.
Traffic volume shall be estimated based on full build out and occupancy of the entire
development parcel.
(3) In estimating traffic volumes, the applicant shall comply with the most recent edition of
the Institute of Transportation Engineers “Trip Generation, Eighth Edition, an ITE
Informational Report” or more current edition.
(4) The traffic impact study shall include, at a minimum, the following information:
a. The estimated number of additional average daily traffic (ADT) and a.m. and p.m.
peak hour vehicle trips that would be generated by the proposed use or uses when
fully occupied and operational. Such estimates shall be calculated using the most
current edition of the Trip Generation Report, and the annual traffic growth rate for
the area as determined by the Southwest Planning Commission (SPC), or its
succeeding body.
b. The current levels-of-service of intersections within one-half (1/2) mile radius of the
subject site.
c. The projected levels-of-service of the same intersections when the proposed use is
fully occupied and operational.
d. A queuing analysis demonstrating that any queuing or staging of vehicles will take
place entirely on the development site.
e. Projected traffic generated for all developments approved by the Borough but not yet
completed.
49

f. A designated turn lane analysis to determine if designated turn lanes are necessary on
the principal routes.
g. An internal signage analysis of the development to determine the safest and most
efficient flow of traffic.
(5) The Borough shall use the information presented in the traffic impact study to determine
how best to implement the access management provisions of this Article and will provide
the study and all review comments to the agency responsible for the right of way.
B. Driveways
(1) Number of driveways
a. Only one (1) access driveway (excluding emergency access) shall be permitted for
each development parcel, provided that a maximum of two (2) driveways shall be
permitted for Shopping Centers, Large Retail Businesses, Automotive Service
Stations or any principal building or group of buildings greater than one hundred
thousand (100,000) square feet.
b. An additional access driveway shall be permitted for developments other than those
enumerated in the previous subsection if the applicant demonstrates that it is
necessary to accommodate traffic to and from the site and it can be achieved in a safe
and efficient manner. In making such a determination, the Borough shall consider the
traffic volumes established by the traffic impact study; the existing and projected
levels-of-service (as defined by Penn Dot) of adjacent and surrounding streets and
intersections; the location and density of the proposed development; and such other
factors as the Borough deems appropriate.
c. The Borough shall restrict access to right-turn-only ingress and egress if safe and
efficient movements cannot be otherwise accommodated.
d. For a development parcel that abuts two (2) or more streets, the Borough may restrict
access to only that street which can more safely and efficiently accommodate traffic.
(2) Distance from intersections
a. Any driveway entering and/or exiting a street with one (1) of the following
classifications shall be spaced from corners of intersections as follows:
i. Arterial - six hundred (600) feet
ii. Collector - three hundred (300) feet
iii. Minor- two hundred (200) feet
b. If the development parcel abuts two (2) streets, access shall be provided to the street
where the distance requirements from intersections can be best achieved.
c. If the driveway cannot meet the aforementioned distance requirements and no other
reasonable access is available, the driveway shall be located at the farthest possible
distance from the intersection. The Borough Engineer shall have the right to impose
directional or other restrictions on ingress and egress where the Borough determines
that such driveway will create safety or operational problems.
(3) Driveway spacing
a. Any driveway entering and/or exiting a street with one (1) of the following
classifications shall be located at the following minimum distance from the nearest
existing driveway:
i. Arterial - six hundred (600) feet
ii. Collector - three hundred (300) feet
iii. Minor - two hundred (200) feet
(4) Sight Distance
a. All driveways shall be designed to provide safe sight distance for all permitted
turning movements. In making such a determination, the Borough and the applicant
shall comply with 67 Pa.Code § 441.1, et seq., as amended and relevant PennDOT
publications such as Publication 70, as amended.
50

. Sight triangles. Clear sight triangles shall be maintained along all approaches to
driveways with streets. The sight line shall be measured twenty-five (25) feet along
the center line of the driveway and the minimum distance along the center line in
each direction from the intersection point along the center line with one of the
following classifications:
i. Arterial - one hundred twenty-five (125) feet
ii. Collector – one hundred (100) feet
iii. Minor – seventy-five (75) feet
(5) Joint and cross access
a. The Borough may request the developer to provide for a joint driveway in order to
achieve the intersection or driveway spacing standards required above or if the
Borough determines, based on information provided in the traffic study, that
permitting a new driveway will hinder ingress or egress to one (1) or more
neighboring driveways due to the volume of vehicles either entering or leaving the
proposed new driveway. Joint access may only be requested where the development
parcel is adjacent to one (1) or more non-residential parcel(s) and access between the
parcels can be achieved without requiring excessive earth movement as determined
by the Borough Engineer.
b. Where the developer is able to reach agreement with the adjacent property owner
regarding a joint driveway, the following requirements shall apply:
i. The driveway shall have a design speed of ten (10) miles per hour and have
sufficient width to accommodate two-way traffic.
ii. The applicant shall submit a circulation plan that includes a cross access
driveway between the parcels and a cross access pedestrian walkway and may
include a plan for shared parking.
iii. Property owners sharing a joint and/or cross access driveway shall record an
easement with their respective deeds preserving the right to, from and over their
respective parcels. Such easement shall be accompanied by a joint agreement
among the property owners defining the maintenance responsibilities for the
driveway(s).
(6) Driveway design. The required driveway design shall be a factor of projected traffic
volume determined by the traffic impact study or the Borough Engineer (if no traffic
impact study was required) as follows:
a. Length as measured from the outside shoulder edge of the intersecting street shall be
determined according to the following criteria:
Table 11-1: Driveway Length.
Driveway Type/Volume Minimum Length (feet)
Residential or other driveway used by not more 25
than one hundred (100) vehicles per day
More than one hundred (100) vehicles per day As determined by the traffic
study
The required length may be modified by the Borough if a queuing analysis
determines that another length is needed to avoid back-up of vehicles onto adjacent
streets.
b. Width
i. The width of driveways without a curb shall be calculated as follows:
51

Table 11-2: Driveway Width.
Driveway Type/Volume Minimum Width (feet)
Residential or other driveway used by not more 10 (one-way)
than one hundred (100) vehicles per day
20 (two-way)
More than one hundred (100) vehicles per day As determined by the traffic
study
ii. For driveways with a curb, a minimum of two (2) feet shall be added to the
widths determined in accordance with the Table 11-2.
iii. The Borough may require additional driveway width to provide for turning lanes
when the Borough Engineer determines they are needed for adequate traffic flow
and safety.
iv. The Borough may require a median at the Borough Engineer’s discretion to
control turning movements. Any median shall have a minimum width of four (4)
feet.
v. Driveways consisting of a continuous curb cut along the property boundary
adjoining the right-of-way shall be prohibited. No driveway shall exceed the
width requirements calculated under this section by more than ten percent (10%).
c. Driveway radius
i. Any driveway shall be designed to provide an adequate turning radius to
accommodate anticipated vehicles entering and exiting the driveway. The
following minimum radii are required:
Table 11-3: Driveway Radius.
Driveway Type/Volume Radius (feet)
Residential or other driveway used by not more 15 (uncurbed)
than one hundred (100) vehicles per day
25 (curbed)
More than one hundred (100) vehicles per day As determined by the
traffic study
ii. For all driveways, the radii shall be designed to accommodate the largest vehicle
(such as buses or tractor trailers) expected to use the driveway.
iii. Except for joint driveways, no portion of a driveway radius may be located on or
along the frontage of an adjacent property.
C. Parking lots.
(1) Parking lot layout and landscaping. Except as provided in subsections (2) and (3), below,
any parking lot within this district shall meet the requirements of Article 2000 Buffering
and Landscaping and Article 2200 Off-Street Parking and Loading.
(2) Shared parking. The use of shared parking between adjacent properties or among
different uses within multiple-building developments is strongly encouraged. The number
of shared parking spaces shall be determined in accordance with the ratios established in
Article 2200.
(3) Pedestrian access. Any parking lot having one hundred (100) or more parking spaces
shall be designed with one (1) or more pedestrian aisle(s) separated from vehicular traffic
with low barriers or plantings that create a safe walkway. The pedestrian aisle(s) shall be
a minimum of four (4) feet wide and shall direct pedestrians to sidewalks and/or building
entrance(s). Where pedestrian aisles cross driveways or internal streets, they shall be
clearly marked as pedestrian crosswalks with pavement striping and signage.
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(4) Use of porous paving material. If the entire parking lot is developed using porous paving
materials in accordance with the Borough’s Stormwater Management Ordinance. Such
porous paving materials shall be included in the maximum impervious surface area but its
use shall permit the applicant to increase the maximum impervious surface coverage of
the site by ten percent (10%).
§ 212-1109. Building Design Standards.
A. Building orientation and general design
(1) Orientation. Any individual building developed on a lot shall be oriented to face the
principal street that defines the corridor. For buildings developed as part of a multibuilding
development, orientation of some buildings may face a central plaza or parking
area, provided that any wall facing the principal street shall meet all design standards
specified below.
(2) Building materials. Every portion of any exposed exterior wall surface shall be composed
of durable materials such as brick, natural or manufactured stone, marble, granite, glass,
fiber cement board, solid wood such as cedar or high quality metal panels. Concrete
block shall be prohibited. The Borough Council may approve alternative materials only if
such material is determined to be equal or superior to the materials enumerated above.
(3) General building design
a. New buildings shall be constructed to be generally compatible with buildings on the
same block frontage within two hundred (200) feet. This provision shall be satisfied
by constructing the subject structure so at least three (3) of the following features are
similar to the majority of other structures within two hundred (200) feet of the block
frontage on both sides of the street.
i. Building height;
ii. Roof style/overhang;
iii. Building massing;
iv. Window coverage;
v. Exterior building material; or
vi. Pattern of window and door openings.
b. No wall surface shall exceed fifty (50) continuous feet without a break. A break shall
consist of either:
i. a recess or offset measuring at least ten (10) feet in depth or one-quarter (1/4) of
the building in length; or
ii. a series of recesses or offsets, at intervals of not more than thirty (30) feet, each
measuring a minimum of four (4) feet in depth. The objective of this standard is
to avoid large, undifferentiated wall surfaces.
c. Buildings over twenty-five (25) feet in height shall include architectural features that
mimic two (2) story structures, such as windows, cornices or similar components.
Buildings with flat roofs shall have mansard roof facades or gabled roofs over the
required offset areas, see Figure 11-4.
d. To the maximum extent feasible, new buildings located within this district shall
adhere to the design standards in § 212-1109.B. through § 212.1109.I.
e. Green roofs and vertical green walls are encouraged.
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B. Site layout
Figure 11-1: Sample Site Layout
The building is brought forward as close to the street as possible, with parking and other services
tucked around the side and back. This helps to define the identity of the street and gives the
business maximum public exposure.
(1) The primary building entry should always be placed at the front of the building (facing
the front lot line) and be clearly identifiable from the street. (A) In this example, an entry
vestibule is created which faces the front, side and rear parking area simultaneously.
(2) Parking should be placed at the side or rear of the lot, where possible, and be screened
from view whenever possible. Break the parking areas up into groups of no more than
twenty (20) spaces per area (thirty-five (35) spaces for large development projects)
separated by landscaping areas. (B)
(3) Place as much of the building width at the front of the lot as possible to maximize front
façade exposure to the public. (C) The front façade should be kept parallel to the street.
(4) To reinforce the “street-edge”, align with neighboring buildings that are also close to the
front setback line. Landscaping can also be used to reinforce this line. (D)
(5) Whenever possible, attempt to link with adjacent parking lots or provide shared parking
areas which can serve neighboring buildings simultaneously. (E) This provides a
secondary means of access to the site and can ease congestion on the main road.
(6) Provide sidewalks for the full width of the property with a direct link to the primary
building entry. (F)
(7) Loading docks, service areas and trash facilities shall be located at the rear of the building
and not visible from the street. Fences, walls or landscaping can be used to shield them
from view. (G)
(8) Incorporate any existing, older trees into new site plan development whenever possible to
reduce waste and salvage good shade trees. (H)
(9) Minimize the amount of curb-cuts by having a single driveway in and out of the property
from the main road consistent with the provisions of § 212-1108.
(10) The parking lot areas shall be designed in regular, rectangular shapes. Irregular wedge
shaped parking areas created by following angled property lines are discouraged. Only
create as much paved area as absolutely necessary.
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(11) Landscaped islands and other green space should be consolidated into useful areas, and
not just narrow strips of grass or plantings. (J)
C. Site planning
Figure 11-2: Site Planning
Corner lots are especially important in defining the street. Special attention should be paid to
bringing the building mass all the way out to meet the corner. Large shopping plazas should also
attempt to infill the front of their lots with new commercial space to take advantage of the road
frontage.
(1) Corner lots shall place as much building mass near the intersection as possible to help
anchor the lot and take advantage of the high visibility. (A)
(2) Automotive service canopies shall be designed as an integral part of the station
architecture whenever possible. This can allow for a visual or even physical connection
that provides shelter between the vehicle and the building. (B)
(3) Alternative automotive service layouts include placing the pumps near the rear of the lot
while having the convenience store out in front near the street. (C) This helps to highlight
the building, shield the utilitarian pump canopy and pulls the curb cuts away from the
intersection, creating easier access.
(4) When it is not feasible to place the building entry directly on the front façade, attempts
should be made to ensure that it is still readily visible and faces the main road or internal
street. (D)
(5) Older shopping plazas set back far from the street can benefit from developing the land at
the front of their lot. This helps to define the street character and allows for more “onestop”
shopping and shared parking opportunities. (E)
(6) Provide trees and other landscape screening to shield large parking areas from adjacent
lots consistent with the provisions of Article 2000, Landscaping and Bufferyards. (F)
(7) Large parking lots are encouraged to provide walkways that create safe pedestrian travel
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areas. (G)
(8) Developments may benefit from having a shared access to a common dumpster location
which both neighboring properties can use. (H)
(9) All public access ways on the site shall comply with the Americans with Disabilities Act.
D. Building mass
Figure 11-3: Building Mass.
Breaking up the masses helps reduce the scale. Dividing the building volume up into a variety of
shapes helps to reduce the perceived scale of the architecture and allows placement of the more
important volumes up near the front of the site.
(1) Place a majority of the building mass close to the road to help define the street edge,
where possible. In Figure 11-3, the two (2)-story mass is placed at the front of the lot, and
likely contains the most public functions including reception, offices, showroom, retail
space, etc. (A)
(2) Where permitted, less public areas such as warehouses, storage and manufacturing spaces
can be shielded from view in the rear. This often allows for warehouse/utilitarian style
construction to be hidden behind the smaller scale public spaces that are in front. (B)
(3) The building mass near the front of the site should be articulated with design features that
give it a more pedestrian scale appearance. Natural, smaller scale materials should be
used near the front of the site and pedestrian areas whenever possible (C)
(4) Large-scale features such as long, uninterrupted picture windows are not encouraged near
the front of the site. They should instead be separated into smaller groups to help reduce
their scale, and give them a more vertical orientation. (D) The scale of these large
windows can be further divided with the use of mullions and muntins.
(5) Larger scale design features such as garage doors shall be reserved for the rear of the
facility whenever possible and out of sight from the street. (E)
(6) Different massing at the entry to the building helps to further define a reduced scale
appearance and improves visibility from many directions. (F)
(7) In the above example, the utility area in the rear is only one (1) story, (G) but this could
instead be a two (2) or three (3) story area that is still shielded from view behind the front
portion of the building.
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(8) Large areas of blank wall should be avoided, or should be reserved for the side or rear of
the facility whenever possible. If they cannot be avoided, design accents such as pilasters
or other façade articulations can help to reduce the overall scale appearance. (H)
(9) Special design elements that help to articulate the façade help to further reduce the
overall building scale. Articulations of the facade or breaks in the roofline help to define
different masses and reduce the scale. See Also Figure 11-8: Fenestration.
(10) The use of covered porches and similar recessed front entry areas is encouraged to help
create a more human scale appearance to the building. These also help to draw attention
to the point of entry and provide shelter from the rain and snow. Porch areas should not
be used for outdoor merchandise display.
(11) In lieu of a formal porch entry, a small canopy or awning over the main entry also helps
to provide a pedestrian scale appearance.
E. Scale and massing
Figure 11-4: Scale and Massing.
Alternate design for big-box retail. By articulating the façade of a typical Big-Box retail store
with different massing elements, you can help to give a smaller scale appearance to an otherwise
featureless mass.
(1) The typical big-box retail structure can be seen here as a relatively featureless mass
shaded in grey. (A) These structures usually have blank walls on most of the facades, and
are articulated only at the point of entry.
(2) Large retail structures shall articulate their primary façade(s) with various design features
to help reduce the overall scale of the building with the use of roofline articulation or
mass divisions.
(3) These can be used to highlight entry points, exits, specialty areas (such as a
garden/landscaping center or auto service) customer pick-up zones or separate places of
business.
(4) In between the main massing elements, a secondary level of scale reduction can be
achieved with a smaller porch design. (C) In addition to creating a more interesting
façade, this provides pedestrian shelter and helps to tie the façade together. In the case of
multiple tenant plazas, these porch areas act as the front facades and entry points to
smaller businesses.
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(5) The relative massing of the façade can be slowly broken down into progressively smaller
elements. For example, the larger storefront elements (B) are supported on large piers.
(D) These entrance elements frame smaller porches in between, which are supported on
even smaller columns. (E) These smaller columns are scaled to the pedestrian, and use
the smallest materials.
(6) The front façade or entry areas may be designed to accommodate façade lettering as
permitted. (F)
(7) The main façade (A) can be further enhanced with occasional variations in materials,
such as the use of colored or textured masonry units in special areas to create localized
patterns. (G) The use of banding designs (continuous horizontal stripes) across large
areas of façade is not recommended.
(8) Smaller scale materials should be used on these front façade massing elements whenever
possible.
(9) The size, scale, motif and use of materials for the front façade design should be kept
consistent across the façade in order to tie the entire composition together. The use of a
variety of design styles across the façade is not recommended.
F. Roof configuration
Figure 11-5: Roof Configuration.
A well designed building roof provides screening, reduces the building scale, diverts the fall of
rainwater, highlights important areas and creates a graceful “cap” to the structure, among other
things.
(1) The tallest façade of the building should face the street, stepping down in back if
necessary.
(2) The roof of the building should be in keeping with the scale of the structure itself. Overly
large, bold or “inflated” roof and fascia designs are discouraged.
(3) Flat roof structures should be capped by an articulated parapet design which acts as a
structural expression of the building façade and its materials. (A) Fake roof fronts, builtout
roof frames and similar applied designs are discouraged.
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(4) Subtle variations that help to differentiate the “base”, “middle” and “top” of the structure
are encouraged. (B)
(5) Sloped roof structures are encouraged to maintain a pitch between 6:12 minimum and
12:12 maximum slope on all primary roof areas. (Not including dormers, entry canopies
or similar elements.) Mansard and shed roof designs are discouraged.
(6) Buildings with sloped roofs are encouraged to employ the use of dormers and gables
along the front to help maintain a prominent façade when feasible. (C)
(7) Buildings with sloped roofs are encouraged to provide roof overhangs with a minimum of
six (6) inch or larger overhang . (D)
(8) Subtle breaks and fluctuations in the roofline are encouraged to highlight important areas
of the building (such as the entry) and break up longer runs of façade/roof area. (E)
(9) Air handling units, condensers, satellite dishes and other equipment placed on the roof
should not be visible from the street, and instead should be screened by building elements
so they are shielded from sight. (F)
(10) In addition, roof mounted equipment shall be visually minimized with painted colors and
finish complementary to the overall building design.
(11) The roof of a structure should be designed so as to divert the fall of rain and snow away
from pedestrian areas such as walkways and doors. The use of canopies, awnings or
similar protective designs is also encouraged at entry locations. (G)
G. Building proportions
Figure 11-6: Building Proportions.
Many of the façade characteristics of this building are determined by the same width to height
proportioning ratio (1:1.75). This can help to visually balance and tie the building together.
(1) The proportions of design elements such as windows, columns or bay spacing should be
kept as consistent as possible on the façade. In Figure 11-6, the windows on the second
floor have the same width to height ratio as the windows on the first floor. (A)
(2) Proportioning systems also can be very effective in guiding other design characteristics of
the façade. Here, the same width to height ratio of the windows was used to determine the
proportions of many other features. (B)
(3) The use of vertically proportioned elements (elements which are generally taller than they
are wide) is encouraged to help give the building a taller, lighter and statelier appearance.
Strong horizontal influences such as large fascias or banding designs are discouraged, or
should be adequately balanced with vertical elements. (C)
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H. Columns
Figure 11-7: Columns.
The column or pier should reflect the amount of weight it appears to be carrying.
(1) The proportion of structural elements such as posts or columns should be appropriate to
the weight they appear to be carrying. Columns that support larger masses, such as upper
floors, generally have a low width to height ratio, for example 1:5, (D above). Columns
supporting lighter elements such as a porch roof generally have larger ratio, for example
1:15, (E above). These relative proportions help balance a façade visually, Figure 11-7.
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I. Fenestration
Figure 11-8: Fenestration.
Recesses such as archways or deep windows are two (2) examples of fenestration. They help to
give a façade a more three (3) dimensional appearance by casting shadows and creating a visual
contrast.
(1) Articulations in the plane of the façade are encouraged to create an interesting design,
reinforce rhythms and cast shadows. (A) Very flat façade designs are discouraged.
(2) Typically, the most fenestration is found at the first floor level near pedestrian areas.
Here, the use of larger openings and increased depth is encouraged. This creates a more
open and inviting area. (B)
(3) In a building of two (2) or more stories, the upper floors typically would have decreasing
levels of fenestration. Here, smaller openings and less depth is usually found compared to
the first floor. (C)
(4) Openings in masonry buildings should express a structural lintel or arch to express how it
is carrying the weight above. (D) Likewise, door and window frames can also use a wider
trim at the head than is used on the sides to achieve the same visual effect.
(5) The primary entry to a building is the best place to be creative with the use of depth in a
façade. The added depth and articulation help to draw attention to the entry and highlight
it as an important place. (E)
(6) The use of façade articulation such as expressing the structural bays of the building with
pilasters or other detailing can be useful in animating an otherwise blank area of wall. (F)
(7) In non-pedestrian areas, such as the side or rear of the building, an increased level of
fenestration is not as important, and can be scaled down if desired. (G)
(8) The use of porches, colonnades, canopies or awnings is encouraged. (H)
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J. Buffering and landscaping
(1) Any development within this district shall meet the requirements for buffering and
landscaping set forth in Article 2000.
(2) In addition, any development shall meet the following requirements:
a. All areas not utilized for structures, driveways, planting strips or parking facilities
must be seeded, sodded or landscaped within a reasonable period of time. The phrase
“a reasonable period of time” shall be interpreted to be within two (2) weeks after
construction activities are completed, unless those activities are completed between
November 1 and April 1. In such case, the required sodding or seeding must occur
within two (2) weeks of April 1.
b. A bufferyard shall be created within the front setback measuring twenty-five (25) feet
in depth from the street right-of-way. Such bufferyard shall create a visual screen
between the street and the development. Plantings shall be consistent with those
provided in subsections d. and e. below. This buffering requirement shall not apply to
internal streets within a single development.
c. Any nonresidential development in the Planned Economic Development Overlay
abutting a residential property shall install a fifty (50) feet wide bufferyard extending
the full length of the abutting residential lot line.
d. Within any such required bufferyard, the following plantings shall be required: for
every one hundred (100) linear feet, a minimum of five (5) large canopy trees, six (6)
understory or small canopy trees, and thirty (30) shrubs.
e. Planting specifications. All plantings required in the bufferyard shall meet the
planting specifications set forth in Article 2000.
f. Existing vegetation. Developments shall be encouraged to preserve trees and shrubs
which exist within the required bufferyard area of the development parcel. The
existing trees and shrubs may be utilized to satisfy the required buffer area planting
required herein; provided, however, that the performance standards regarding height
and mix of types of plantings are met. In the event the existing trees and shrubs do
not satisfy the buffer requirements, the applicant shall use new plantings in
combination with the existing plantings to satisfy the buffer requirements.
g. No structures or uses, including, but not limited to, buildings, accessory structures,
parking spaces, curbs, access drives and lighting devices, but excluding fences and
screening walls, may be located in any required bufferyard. Any fence or screening
wall shall be erected at least six (6) feet from the lot line, shall not exceed six (6) feet
in height, and shall be screened from view by shrubs and other plantings.
h. In addition to the other requirements of this section, no nonresidential building in the
Planned Economic Development Overlay shall be located within one hundred (100)
feet of any residentially zoned property.
i. Bufferyard maintenance. The owner of the development or such owner's agent shall
be responsible for the maintenance, repair and replacement of all screening and
buffer plantings required under this section. All plant materials shall be maintained in
a healthy condition and kept free of refuse and debris.
K. Lighting
(1) Site lighting shall be designed and installed to provide no more than two (2.0) foot
candles of light at any point on the property. Any lighting shall be from a concealed
source, shall be of a clear white light that does not distort colors and shall not spill over
into adjoining properties or streets or in any way interfere with the vision of oncoming
motorists.
(2) No light fixtures shall exceed twenty (20) feet in height.
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ARTICLE 1200. M-3 High Intensity Mixed Use Residential, Commercial and
Manufacturing District
§ 212-1201. Purpose.
It is the intent and purpose of this district in mutually keeping with existing land uses, to provide
for mobile home park developments, six (6) dwelling units per gross acre and commercial and
light industrial uses which combine indoor and outdoor storage and activity.
§ 212-1202. Permitted Principal Uses, Conditional Uses and Accessory Uses.
A. Principal uses permitted-by-right for the high intensity mixed use residential, commercial and
manufacturing district are listed in the table of uses located in Article 400, §212-404.
B. Conditional uses allowed within the high intensity mixed use residential commercial and
manufacturing district are listed in the table of uses located in Article 400, §212-404.
C. Accessory uses permitted-by-right or as a conditional use in the high intensity mixed use
residential, commercial and manufacturing district are listed in the table of accessory uses
located in Article 400, §212-404.G.
§ 212-1203. Area and Bulk Standards.
Area and bulk standards for the high intensity mixed use residential commercial and
manufacturing district are listed in the table in Article 500, §212-501 and §212-502.
§ 212-1204. Supplementary Regulations.
A. Express standards in Article 1900.
B. Landscaping and bufferyard requirements in Article 2000.
C. Performance standards in Article 2100.
D. Off-street parking and loading requirements in Article 2200.
E. Sign requirements in Article 2300.
F. Natural resources protection overlay in Article 1500, as applicable.
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ARTICLE 1300. Transition Overlay
§ 212-1301. Purpose.
The purpose of the transition overlay is to provide for the location of small, low impact service,
specialty retail and office uses within designated residential areas, as indicted on the Zoning
Map. Characteristics of this overlay generally include a mixture of land uses, both conforming
and non-conforming, where existing homes or vacant land is less suitable for residential
purposes due to its proximity to existing commercial development and changing traffic patterns.
Areas of the Borough that are exclusively residential in nature are not conducive to this zoning
overlay. The intent of the overlay is to protect established residential neighborhoods from the
type of land uses associated with high levels of noise, illumination, traffic and visual blight that
are more common in more intense commercial districts, while encouraging the convenient
placement of such commercial uses for the benefit of the residents in locations compatible with
the type and impact of the use.
§ 212-1302. Review Procedures.
In order to assure the satisfactory and proper development of the transition overlay, all uses shall
be reviewed as follows:
A. Land development plans shall be required for all commercial use applications that will be
developed under the transition overlay for any new development and for any
expansion/addition of five hundred (500) square feet or more onto a commercially used
property. Such plans shall be submitted and processed according to the procedures and
requirements established in Chapter 184 Subdivision and Land Development.
B. In addition to other requirements stated in this Chapter and in Chapter 184 Subdivision and
Land Development, development proposals must include the following information: the
overall development scheme, including location, proposed site layout, existing zoning,
parking facilities, all adjacent highways and streets with traffic flow patterns; a list of the
kind of establishments to be located on the site and their floor areas; architectural sketches;
landscaping plans; lighting plans; and engineering plans showing proposed methods of water
runoff control with a stormwater management plan, an erosion and sedimentation control plan
and architectural elevations of the structure, including the design of the exterior wall surfaces
and the types of materials to be used. The land development plan must include a current
survey for the property. Submitted plans must bear the certification of a registered
professional engineer, architect or land surveyor.
§ 212-1303. Use Regulations.
A. Permitted uses. Any use permitted in § 212-404, within the R-2 District.
B. Conditional uses, per the standards of this Article
(1) Any use listed as conditional use in § 212-404, within the R-2 District
(2) Specialty Retail
(3) Equipment Repair Shop (minor), indoor repairs only
(4) Medical, Dental or Veterinary Office (not including kennels)
(5) Professional Office
(6) Bed and Breakfast
(7) Service Business
(8) Duplex
(9) Townhouse
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C. Accessory uses. Any accessory use listed as permitted or conditional in § 212-404.G. for the
R-2 District.
§ 212-1304. General Conditional Use Approval Standards.
In addition to the conditional use standards contained in § 212-1305, the general conditional use
standards contained in Article 1800 shall be applicable.
§ 212-1305. Performance Standards for Approval of Conditional Uses.
A. Lot and area regulations. The following dimensions, unless specified otherwise, are the
minimums required for approval of conditional uses within the overlay. All uses shall be
governed by the applicable requirements specified elsewhere in this Chapter.
B. No application for issuance of a conditional use permit shall be approved unless the Borough
Council shall find that, in addition to complying with each of the general standards
enumerated above, each of the specific standards applicable to the particular uses enumerated
in this Chapter are met.
(1) Required yard.
a. Parking shall be discouraged in the required front yard area where feasible, unless
adequate landscaping and plantings are provided for a depth of ten (10) feet along the
right-of-way. Landscaping design shall contain a mixture of ground cover or grass,
trees and shrubs and shall be reviewed by the Planning Commission. A
recommendation on the same shall be forwarded to the Borough Council.
b. Access drives and handicapped access parking spaces may be located in the required
front yard area.
c. Outdoor storage or display of materials or products is prohibited, except for display
of ornamental flower beds and plants for a garden center.
d. All uses shall follow the same residential use, area, and bulk requirements of
the underlying zoning district.
(2) Accessory buildings.
a. Accessory buildings with a gross floor area up to and including two hundred (200)
square feet may be located within five (5) feet of a side lot line and fifteen (15) feet
of the rear lot line.
b. Accessory buildings with a gross floor area between two hundred one (201) and five
hundred (500) square feet shall maintain the side and rear yard setbacks of this
underlying zoning district.
c. Accessory buildings larger than five hundred (500) square feet are not permitted.
(3) Landscaping and plantings.
a. A landscaped periphery shall be provided and maintained for a minimum depth of ten
(10) feet along the side lot lines and thirty (30) feet along the rear lot line, except
where natural or physical barriers exist that are determined by the Borough Council
to fulfill the landscaping requirement. The percentage of screening at side lot lines
shall be a minimum of 60% at five (5) feet in height, upon reaching full growth. The
rear lot line shall be landscaped in accordance with the detail provided in
Appendix H, Detail H-1 and uses specified in Section 212-1303 shall not be
subject to other section or regulations for landscaping and buffering along the
rear lot line. Details along the rear lot line shall be drawn and installed in an
exact scale as shown in Appendix H, Detail H-1.
b. The landscaping shall be composed of plants and trees arranged to form both a lowlevel
and a high-level landscaping arrangement. The high-level screen shall consist of
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trees planted with specimens of no less than six (6) feet in height for evergreens and
one-and-one-half (1½) inch caliper for ornamental trees. The same shall be planted at
intervals of not more than twenty-five (25) feet. The low-level screen shall consist of
shrubs or hedges planted at an initial height of not less than two (2) feet.
c. A landscaped area adjacent to the principal building(s) shall also be provided for a
minimum of ten (10) feet in width from the building. A mixture of grass or ground
cover, quality shrubs and trees shall be located in the landscaped area. Shade trees
may be planted up to twenty (20) feet apart, ornamental trees up to ten (10) feet apart
and shrubs up to five (5) feet apart. These are minimum standards. Trees and shrubs
shall be interspersed, unless otherwise recommended/approved.
d. All areas not covered with impervious surface or buildings shall be landscaped.
e. Artificial plants are prohibited.
f. Adequate consideration shall be given to sight distance during review of both plant
material and its location.
g. The Borough Council may require additional landscaping and buffering to effectively
screen parking areas from neighboring properties.
(4) Off-street parking and loading.
a. The supplemental regulations of Article 2200, Off-Street Parking and Loading, are
applicable, although, in the event of conflicting provisions, the more strict regulation
shall apply. All off-street parking and loading areas shall be screened from any
abutting property zoned residential or used for residential purposes. Screening shall
be accomplished by the placement of adequate earth berms or solid fences,
constructed of wood or masonry (plain concrete block or cinder block are prohibited)
and plantings or the provision and maintenance of solid plantings in the form of
contiguous trees and shrubs.
b. Outside refuse areas shall be screened with solid fences constructed of wood or
masonry (plain concrete block or cinder block are prohibited) at a height sufficient to
obstruct sight, but not to exceed eight (8) feet in height. Refuse areas may not be
located in the Required Yard.
c. Each parking space shall consist of not less than an average of one hundred sixty-two
(162) square feet of usable area for each motor vehicle, excluding interior driveways
and driveways connecting the garage, or parking space, with a street.
Notwithstanding the above, all parking spaces shall be ample in size for the vehicles
for which the use is intended. The net parking space per vehicle shall be not less than
nine (9) feet wide and eighteen (18) feet long. Such outdoor parking space shall not
be used to satisfy any open space requirements of the lot on which it is located.
d. Parking spaces may be located on a lot other than that containing the principal use, as
a conditional use
e. Surfacing. Any off-street parking area shall be graded for proper drainage and shall
be surfaced so as to provide a durable and dustless surface, such as concrete or
bituminous concrete surface, and shall be so arranged as to provide for orderly and
safe parking and storage of vehicles.
f. For other uses that do not fit into one (1) of the categories listed in Article 2200
determination of the appropriate parking space requirements shall be made by the
Borough Council.
g. Loading and unloading space. In addition to the off-street parking space required
above, any building erected, converted or enlarged for any nonresidential use shall
provide adequate off-street areas for loading and unloading of vehicles. Uses that
require pickup and/or delivery service by tractor-trailers shall be prohibited.
C. Architectural standards.
(1) Development character. The transition overlay includes existing residential
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neighborhoods. The architectural character of projects developed within this corridor for
new buildings shall preserve this residential quality and respect the residential scale
through the appropriate massing and scale of proposed buildings, materials use,
landscaping and lighting. A residential character is the goal for developments within this
district that will blend with the existing residential neighborhoods and preserve qualities
of them. This character will be achieved by using basic guidelines defining height
restrictions, materials use, roof treatment, landscaping, site lighting and signage
requirements. Those basic guidelines will permit individual flexibility in design and
treatment of proposed projects by specifying critical parameters.
(2) Design guidelines. To ensure that office/commercial projects within the overlay reflect a
desirable image of this district of Franklin Park, the following architectural guidelines
shall be incorporated into the overlay standards:
a. Material use. All principal and accessory structures shall be constructed primarily of
a brick, stone, stucco, fireproof precut stucco or clay tile material and architectural
wood siding. Colors and materials shall be compatible with the adjacent residential
areas in design and appearance, and additions to structure shall be architecturally
compatible with the structure itself.
b. Glazing. Glazing areas shall not exceed forty percent (40%) of the exterior skin of the
structure. Mirrored glazing is not permitted within the district; solar
absorption/reflective glazing is an acceptable material.
c. Screening. All mechanical equipment, including H.V.A.C. shall be screened from
public view and screening shall be constructed using materials consistent with the
primary building.
d. Accessory structures. All accessory structures shall be constructed using materials
consistent with the primary building.
e. Height. The height of a non-residential principal structure shall not exceed two (2)
stories and a basement.
D. Exterior light standards.
(1) Purpose. To allow for the safety and security of a site without disturbance to adjacent
property owners or the motoring public, lighting regulations are provided. A lighting plan
with fixture type and manufacturer's data shall be provided, in the applicant’s submission.
(2) Standards.
a. All parking areas, driveways and loading areas, entryways and pedestrian paths shall
be provided with a light system that shall furnish a minimum of zero and five-tenths
(0.5) foot-candles within any part of such areas. Vertical cutoff lighting is preferred,
although alternative lighting systems may be proposed that do not cause a spillover of
lighting onto traffic on any public right-of-way or onto residential property of more
than zero and two-tenths (0.2) foot-candles.
b. Mounting heights of lighting fixtures may not exceed sixteen (16) feet. Where raised
islands are used to separate parking stalls, the poles may be placed on the island.
c. At the time any exterior lighting is installed or substantially modified and whenever a
site plan approval is sought, an exterior lighting plan shall be submitted to the Zoning
Officer in order to determine whether the requirements of this section have been met.
E. Performance standards.
(1) Notwithstanding any other provision of this Chapter, it shall be unlawful for any person
to erect, or construct any building or improvement, or any part thereof, on a site located
in the transition overlay and located in a residentially zoned district unless all the
following conditions are met:
a. No mechanical venting faces any residential use.
b. No mirrored or reflective glass or material is used on the façade of the building,
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structure, or improvement, which faces any residential use.
c. No loading dock shall face a residential use property (except for non-corner lots and
lots separated by a right-of-way). Loading docks shall be subject to approval by
Borough Council.
d. No shipping or deliveries and no loading or unloading shall be permitted prior to
7:00am or later than 8:00pm, unless the deliveries, loading or unloading operation is
conducted entirely within an enclosed structure, or the deliveries, loading or
unloading are conducted exclusively from a public right-of-way that is not adjacent
to a residential zone.
e. No refuse collection shall be permitted prior to 7:00 am or later than 8:00 pm. All
exterior refuse bins shall remain closed at all times.
f. The employees, agents, associates or contractors of a business shall not engage in
conduct or activity which substantially or unreasonably disturbs the peace and quiet
of any neighborhood or which causes discomfort or annoyance to any reasonable
person of normal sensitivity residing in the area during non-business hours. The
factors which shall be considered in determining which activity described above
violates this requirement are:
i. The volume of this noise;
ii. Whether the nature of the noise is usual or unusual;
iii. Whether the nature of the noise is natural or unnatural;
iv. The proximity of the noise to the residential sleeping area;
v. The time of day or night the noise occurs;
vi. The duration of the noise; and
vii. Whether the noise is recurrent, intermittent, or constant.
g. Based upon the above the Zoning Officer shall make a determination and take any
necessary action for enforcement of these provisions under the authority of this
Chapter.
§ 212-1306. Boundaries of the Transition Overlay.
The boundaries of Transition Overlay are so indicated on the Official Zoning Map of Franklin
Park Borough.
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ARTICLE 1400. Reserved
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ARTICLE 1500. Natural Resources Protection Requirements
§ 212-1501. Purpose.
The standards in this Article have been established to protect the public health, safety, and welfare
by minimizing adverse environmental impacts. These standards are intended to meet the following
purposes:
A. Define and delineate selected natural resources within the Borough and establish resource
protection standards to mitigate potential public hazards associated with land use activity.
B. Protect and conserve the natural resources, landscapes, and habitats that are an integral
component of the Borough’s character in accordance with the following specific objectives of
the 2006 Comprehensive Plan, as amended:
(1) Preserve, protect, manage, and enhance woodlands, wetlands, floodplains, steep slopes,
stream corridors, and other sensitive environmental features.
(2) Address flooding and stormwater issues throughout the Borough.
(3) Encourage greenway development to serve environmental and recreational functions.
§ 212-1502. General Provisions.
A. The provisions of this Article shall supplement the provisions of the underlying zoning district.
In the event that the provisions of the underlying zoning district and the provisions of this
Article are in conflict, the more restrictive provisions shall apply.
B. In the event that two (2) or more natural resource areas identified in this Article overlap, the
resource with the most restrictive standard (the least amount of alteration, regrading, clearing,
or building) shall apply to the area of overlap.
C. Submission, review, and approval of the following permits and applications shall be contingent
upon consistency with the requirements of this Article:
(1) Applications for zoning or building permits that require a Stormwater Management Plan as
required by Chapter 178 Stormwater Management;
(2) Submission of plans for subdivision or land development;
(3) Applications for uses by the conditional use process;
(4) Requests for zoning changes;
(5) Applications for any State or Federal permit that requires a certification of consistency with
Borough ordinances and planning requirements; or
(6) Any applications or approvals that may be required by other ordinances or regulations of
the Borough that may be deemed applicable.
D. Where disturbance of a natural resource is permitted, it shall not take place until it has been
determined that such disturbance is consistent with the provisions of this Article and other
applicable ordinance provisions.
E. The applicant shall comply with the provisions of this Article for those areas being disturbed
and shall delineate all environmental features including, but not limited to, floodplains, steep
slopes, watercourses, riparian buffers, and wetlands. These findings shall be documented in a
Categorical Exclusion Report following the Pennsylvania Department of Transportation
guidelines, as well as identified on the land development plan.
F. The Borough engineer, and/or other advisors selected by Borough Council shall evaluate all
material submitted and provide a written determination within thirty (30) days to the Borough.
G. Any party aggrieved by any such determination or other decision or determination under this
section may appeal to the Zoning Hearing Board under the provisions of Article 2700, Zoning
Hearing Board, of this Chapter. The party contesting the determination shall have the burden of
proof in case of any such appeal.
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§ 212-1503. Flood Plain Protection.
A. Resource protection standards. Areas identified as being within the boundaries of the onehundred
(100) year floodplain, as determined by the Federal Emergency Management
Agency (FEMA), shall not be regraded, filled, built upon, or otherwise altered or disturbed
except in conformance with Chapter 95 Building Construction, Article II Building Permits
and Floodplain Management, of the Code of the Borough, as amended.
§ 212-1504. Protection of Steep Slopes.
A. Applicants for subdivisions or land developments shall conform to the steep slope requirements
of § 184-910.B. of the Franklin Park Subdivision and Land Development Ordinance.
§ 212-1505. Riparian Buffers.
A. Authority. This subsection is established in accordance with the Pennsylvania Constitution, Art.
I, Sec. 27 (the “Environmental Rights Amendment”), and Sections 301(b), 603(b)(5), 603(d),
604(1), 605(2)(ii), and 605(2)(vii) of the Municipalities Planning Code, 53 P.S. § 10101 et seq.
B. Scope. The riparian buffer standards apply to all watercourses as herein defined and the land
adjacent thereto.
C. Establishment of buffer.
(1) A minimum riparian buffer width of 50 feet landward in each direction from the top of
stream banks is required for all watercourses having both a defined bank and a
contributing watershed area of greater than one hundred (100) acres.
(2) A minimum riparian buffer width of fifteen (15) feet landward in each direction from the
center line of the watercourse is required for smaller watercourses having a contributing
watershed area of less than one hundred (100) acres and greater than ten (10) acres.
(3) Where steep slopes are located within twenty-five (25) feet of a watercourse, the riparian
buffer shall extend the entire distance of this sloped area or seventy-five (75) feet,
whichever is less.
D. Uses permitted in the riparian buffer.
(1) The following uses are permitted by right in the riparian buffer in compliance with the
requirements of this Article:
a. Open space uses that are primarily passive in character, including wildlife
sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public
and private parklands, recreational trails, and reforestation.
b. Natural stream bank stabilization.
c. Customary agricultural practices when permitted by the underlying zoning for the
property, in accordance with a soil conservation plan approved by the Allegheny
County Conservation District.
d. Forestry operations conducted in accordance with the Borough Timber Harvesting
and Logging provisions of this Chapter.
e. Activities regulated by the Commonwealth of Pennsylvania (such as permitted stream or
wetland crossings or other encroachments).
f. Front, side, and/or rear yards on private lots, provided that all yard areas within the
riparian buffer shall comply with the use and other restrictions, herein.
g. Passive recreation areas such as temporary camp sites and picnic areas.
(2) Uses specifically prohibited in the riparian buffer. All uses not permitted shall be
prohibited. In addition, the following activities and facilities are expressly prohibited in
the riparian buffer:
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a. Clearing of existing vegetation, except where such clearing is necessary to prepare
land for a use permitted under subsections D(1), above. Efforts shall be made to
minimize the extent of such clearing and to mitigate the loss of vegetation elsewhere
in the riparian buffer.
b. Storage of any hazardous or noxious materials.
c. Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of
prescribed industry standards or the recommendations of the Allegheny County
Conservation District.
d. Parking lots.
e. Subsurface sewage disposal areas.
f. Residential accessory structures.
E. Nonconforming uses and structures.
(1) Pre-existing structures and uses of land within the riparian buffer that do not comply with
the use restrictions shall be regulated under the provisions of Article 2400,
Nonconforming Uses and Structures. The following additional regulations also shall
apply:
a. Existing nonconforming structures or uses that are not permitted under subsection D,
above, may be continued but shall not have the existing building footprint or uses
expanded or enlarged for any reason.
b. Discontinued nonconforming uses may be resumed any time within one (1) year from
such discontinuance but not thereafter when showing clear indications of
abandonment. No change or resumption of use shall be permitted that is more
detrimental to the riparian buffer overlay than the existing or former nonconforming
use. Such determination shall be made by referring to the purposes of this Article and
the objectives of the Comprehensive Plan.
F. Boundary interpretation and appeals procedure.
(1) The applicant shall submit evidence to the Borough that shows the applicant’s proposed
riparian buffer or the defined edge of a watercourse and provide justification for the
proposed boundary change.
(2) The Borough engineer, and/or other advisors selected by Borough Council shall evaluate
all material submitted and provide a written determination within thirty (30) days to the
Borough Council, Borough Planning Commission, and landowner or applicant.
(3) Any party aggrieved by any such determination or other decision or determination under
this section may appeal to the Zoning Hearing Board under the provisions of Article
2700, Zoning Hearing Board, of this Chapter. The party contesting the location of the
district boundary shall have the burden of proof in case of any such appeal.
§ 212-1506. Wetlands.
A. Resource protection standards.
(1) Any applicant proposing a use, activity, or improvement which would entail the regrading
or placement of fill in wetlands shall provide the Borough with proof that the Pennsylvania
Department of Environmental Protection and the U.S. Army Corps of Engineers have been
contacted to determine the applicability of state and federal wetland regulations.
(2) Wetlands shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or
disturbed except where State and Federal permits have been obtained.
(3) For the purposes of this Chapter, wetland protection standards shall apply to lakes and
ponds.
B. Delineation.
(1) The applicant who proposes to disturb more than five thousand (5,000) contiguous square
feet of any site shall provide sufficient information to determine whether wetlands, lakes
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and ponds are present on the site or within one hundred (100) feet of the site. In addition,
the Borough, at its discretion, may require that the following information be provided:
a. A full wetland report conducted by a qualified wetland biologist, or other professional
of demonstrated qualifications, shall be submitted to the Borough.
b. Such a professional shall certify that the methods used correctly reflect currently
accepted technical concepts, including identification and analysis of wetland
vegetation, hydric soils, and/or hydrologic indicators.
c. The wetland report shall include a determination of whether wetlands are present on
site and a full delineation, area measurement (in square feet), and description of any
wetlands determined to be present. The study shall be approved by the Borough
Council on the recommendation of the Borough engineer. Additionally, the wetlands
shall be located in the field, flagged, and surveyed.
d. Where applicable, evidence that the contacts required by § 212-1506.A.(1) have been
made.
e. If no wetlands are found on the site, or within one hundred (100) feet of the site, a note
shall be added to the preliminary and final plans stating that “This site has been
examined by (name and address with a statement of submitted qualifications), and no
wetlands as defined by the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, January 9, 1989, were found to exist.”
212 -1507. Design Requirements for Natural Resource Areas.
A. Design guidelines for protecting natural resources areas.
(1) Consistent with the intent and to maximize the amount of undisturbed open space, the
Borough Council shall ensure that the disturbance of the natural resource areas is kept to
the absolute minimum necessary, according to the following standards:
a. The natural resources areas may only be disturbed when the disturbance is necessary
for the placement of the logical access and roadway network, stormwater detention
facilities, utility lines, utility structures, and walking and bikeway networks.
b. Removal of dead or diseased trees is permitted within the natural resource area.
c. The following disturbances may occur on up to fifty (50%) percent of the natural
resources areas. The remaining fifty (50%) percent of the natural resource areas shall
remain in a purely natural state.
i. Removal of trees less than four (4) inches in caliper at breast height.
ii. Trimming of vegetation and underbrush.
iii. Fragmentation of the natural resources areas and secondary natural resources
areas shall be minimized so that these areas are not divided into numerous small
parcels located within the various parts of the development site.
iv. Open space areas shall be designed as part of larger continuous and integrated
open space systems, including natural resource areas, passive recreation areas
and trails and pedestrian networks.
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ARTICLE 1600. Reserved
74

ARTICLE 1700. Conservation Subdivision Design Requirements
§ 212-1701. Purpose and Definitions.
A. It is the intent of this Article to provide alternative development options for environmentally
sensitive areas. Also, it is the intent and purpose of this Article to provide a means for logical
and efficient development within the R-1 and R-2 zoning districts while maintaining their
natural character. Use of these alternative design approaches in these districts implements the
land use and conservation objectives of the adopted Comprehensive Plan. These alternative
subdivision options shall be designed with the following objectives to satisfy the intent of this
Article and the required design provisions and procedures included in the Subdivision and
Land Development Ordinance:
(1) To conserve open land, including those areas containing unique and sensitive natural
features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting
them aside from development;
(2) To protect areas of the Borough with productive agricultural soils for continued or future
agricultural use, by conserving blocks of land large enough to allow for efficient farm
operations;
(3) To provide greater design flexibility and efficiency in the siting of services and
infrastructure, including the opportunity to reduce length of roads, utility runs, and the
amount of paving required for residential development;
(4) To reduce erosion and sedimentation by the retention of existing vegetation, and the
minimization of development on steep slopes;
(5) To provide for a diversity of lot sizes, building densities, and housing choices to
accommodate a variety of age and income groups, and residential preferences, so that the
community's population diversity may be maintained;
(6) To implement adopted Borough policies to conserve a variety of irreplaceable and
environmentally sensitive resource lands including provisions for reasonable incentives
to create a greenway system for the benefit of present and future residents;
(7) To permit clustering of houses and structures on less environmentally sensitive soils so as
to reduce the amount of infrastructure;
(8) To implement adopted land use, transportation, and community policies, as identified in
the Comprehensive Plan;
(9) To create neighborhoods with direct visual access to open land, with amenities in the
form of neighborhood open space, and with a strong neighborhood identity;
(10) To provide for the conservation and maintenance of open land within the Borough to
achieve the above-mentioned goals and for active or passive recreational use by residents;
(11) To provide standards reflecting the varying circumstances and interests of individual
landowners, and the individual characteristics of their properties; and
(12) To conserve scenic views and to minimize perceived density, by minimizing views of
development from existing roads.
B. In order to achieve these purposes, this Article provides for flexibility in designing new
residential subdivisions by allowing three (3) forms of "by-right" development referred to as
"options", as summarized below:
(1) Option One: cluster properties, providing for residential uses at the permitted density as
calculated in § 212-1704.
(2) Option Two: country properties, providing for larger lots at low densities.
(3) Option Three: standard development otherwise authorized in the R-1 and R-2 districts.
C. When used in this Article, the following terms shall have the following meanings:
(1) GREENWAY LAND - That portion of a tract that is set aside for the protection of
sensitive natural features, farmland, scenic views, and other unique features.
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(2) PRIMARY CONSERVATION AREAS - Shall consist of wetlands; streams and other
watercourses; ponds and other water bodies; floodplains; and steep slopes.
(3) SECONDARY CONSERVATION AREAS - Shall consist of natural and/or cultural
features on the development site, in addition to the primary conservation areas, that are
identified during the four-step design process under the Subdivision and Land
Development Ordinance. They shall include, but not be limited to, mature woodlands;
moderately steep slopes; slide prone soils and natural heritage areas identified in the
Allegheny County Natural Heritage Inventory. Secondary conservation areas should be
prioritized and added to primary conservation areas in order of priority so as to constitute
the required greenway land.
§ 212-1702. Applicability.
A. It is hereby established that conservation subdivision design may be utilized for any major
subdivision, as defined in the Borough’s Subdivision and Land Development Ordinance
within the R-1 and R-2 zoning districts; provided, however, that the cluster option may only
be used in areas that are served by public water and sewers.
§ 212-1703. Uses Permitted within Conservation Subdivisions.
A. Principal uses. Principal uses permitted-by-right in conservation subdivisions are identical to
the uses permitted in the R-1 and R-2 zoning districts in Article 400. The following
residential uses are permitted in conservation subdivisions:
(1) R-1 District
a. Single family dwelling
(2) R-2 District
a. Single family dwelling
B. Accessory uses. Accessory uses in conservation subdivisions shall be the same as those
permitted in the underlying districts. They shall be permitted on the same lot customarily
incidental to any permitted use and not conducted as an independent principal use.
§ 212-1704. Density Determination, Minimum Lot Size, and Area and Bulk Requirements
for Option 1: Cluster Option.
A. For purposes of calculating density under the cluster option, the applicant shall calculate the
number of lots that would be permitted if the site were developed as a conventional
subdivision in the underlying district after accounting for the terrain and land needed for
roads, stormwater systems and other infrastructure. This calculation shall be performed using
the following formula:
Number of Dwelling Units = (Gross Land Area * .80) ÷ (Minimum Lot Size of
Underlying Zoning District)
Multiply the gross land area by eight-tenths (0.8). Then divide the resulting product by the
minimum lot size of the underlying zoning district. The resulting quotient is the number of
dwelling units permitted in the conservation subdivision. The eight-tenths (0.8) multiplier
approximates the buildable area of the development site. The result shall be rounded to the
next lowest number. If the applicant believes that the development site can reasonably
accommodate a greater number of parcels than the number derived from the above formula,
the applicant may prepare a yield plan in accordance with the provisions below.
(1) Yield plans shall meet the following requirements:
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a. Yield plans shall be prepared as conceptual layout plans in accordance with the
standards of the Borough’s Subdivision and Land Development Ordinance,
containing proposed lots, streets, rights-of-way, and other pertinent features.
Although it must be drawn to scale, it need not be based on a field survey.
b. The yield plan must identify and demonstrate that wetlands, streams, floodplains, and
steep slopes (in accordance with the Borough Subdivision and Land Development
Ordinance) would be successfully absorbed in the development process without
disturbance, by allocating these areas to proposed single-family dwelling lots.
B. The number of dwelling units in the conservation subdivision, calculated under either of the
methods discussed in § 212-1704.A., shall be situated on that part of the site remaining after
the required greenway land (determined under § 212-1707.) has been determined and set
aside.
C. Minimum lot size. Fifty percent (50%) of the minimum lot size requirement for the
underlying zoning district, as indicated in § 212-501.
D. Minimum front yard, side yard, rear yard, and lot width at building line. Fifty percent (50%)
of yard and lot width requirements for the underlying zoning district, as indicated in § 212-
501.
§ 212-1705. Reserved.
§ 212-1706. Design Standards.
A. Lots shall be situated on the development site in accordance with the four-step process set
forth in the Subdivision and Land Development Ordinance. The layout of lots shall ensure
that there will be no disturbance of primary conservation areas.
B. All new dwellings shall meet the following setback requirements from off-site features :
(1) From all external road rights-of-way – one hundred (100) feet
(2) From all other tract boundaries – fifty (50) feet
(3) From cropland or pasture land – one hundred (100) feet
(4) From active recreation areas such as courts or playing fields (not including tot-lots) – one
hundred fifty (150) feet
C. Views of house lots from exterior roads and abutting properties shall be minimized by the use
of changes in topography, existing vegetation, or additional landscaping which meets the
landscaping and buffering requirements of Article 2000 of this Chapter.
D. House lots shall generally be accessed from interior public streets rather than from external
roads bordering the tract.
E. All interior streets within a conservation subdivision shall be public streets.
F. In subdivisions using option 1, cluster option, at least three-quarters (3/4) of the lots shall
directly abut greenway land or face it across a street.
§ 212-1707. Greenway Land Requirements for the Cluster Option.
A. Adjusted tract area. In determining the amount of the development site that must be set aside
as greenway land, the applicant shall first calculate the adjusted tract area. The adjusted tract
area equals the gross tract area minus the constrained land (as determined below):
(1) Constrained Land equals the sum of the following:
a. All land within the rights-of-way of existing public streets or highways, or within the
existing rights-of-way of utility lines: multiply by 1.0;
b. All land under existing private streets: multiply by 1.0;
c. Wetlands, lakes, ponds and other water bodies: multiply by 1.0;
d. Floodway: multiply by 1.0;
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e. Non-wetland portion of the one hundred (100)-year floodplain: multiply by five
tenths (0.50);
f. Steep slopes: multiply by eight tenths (0.80);
g. Moderately steep slopes: multiply by five tenths (0.50).
(2) If a portion of the tract contains more than one (1) feature subject to a density factor, that
acreage shall be subject to the most restrictive density factor.
(3) Minimum Land Requirement for Greenways.
The minimum amount of land required for greenways within a Cluster Conservation
Subdivision shall be the total acreage of Constrained Land plus 30% of the Adjusted
Tract Area.
§ 212-1708. Greenway Land Requirements for Country Properties.
A. Greenway land in country property developments may be contained within the individual lots
or up to fifty percent (50%) may be set aside as undivided land with common rights of usage
among the subdivision residents.
B. The minimum amount of greenway land within a country lots subdivision shall be fifty
percent (50%) of the gross tract area. All primary conservation areas shall be included within
greenway land and shall be permanently protected from development.
§ 212-1709. Applicability of Public Dedication of Land and Fee-in-Lieu Requirements to
Conservation Subdivisions.
A. The public dedication of land requirements under § 184-904. of the Subdivision and Land
Development Ordinance shall apply to all conservation subdivisions; provided, however, that
the amount of land to be dedicated as recreational use area or open space/green area shall be
credited by the Borough toward meeting the minimum greenway land requirement of this
Article.
B. The applicant may request and the Borough Council may grant that the public dedication of
land requirement be satisfied by payment of a fee in accordance with the terms of § 184-904.
of the Subdivision and Land Development Ordinance. In such case, the applicant shall pay
the fee and deduct the amount of land that otherwise would have been dedicated from the
greenway land to be set aside. In no case shall such deduction exceed twenty percent (20%)
of the minimum greenway land.
§ 212-1710. Uses Permitted within Greenway Areas.
A. The following uses are permitted within greenway land:
(1) Conservation of open land in its natural state (for example, woodland preserve, game
preserve, wildlife sanctuary, fallow field, or managed meadow).
(2) Agricultural and horticultural uses, including raising crops, associated buildings,
excluding residences that are specifically needed to support an active, viable agricultural
or horticultural operation. Specifically excluded are commercial livestock operations
involving swine, poultry, mink, and other animals likely to produce highly offensive
odors.
(3) Woodlots, arboreta, and other similar silvicultural uses.
(4) Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be
permitted but may not consume more than half of the minimum required greenway land.
(5) Forestry, in keeping with established best management practices for selective harvesting
and sustained-yield forestry.
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(6) Neighborhood greenway uses such as village greens, commons, picnic areas, community
gardens, trails, and similar low-impact passive recreational uses but specifically
excluding motorized off-road vehicles, rifle ranges, and other uses similar in character
and potential impact as determined by the Borough Council.
(7) Active non-commercial recreation areas, such as playing fields, playgrounds, courts, and
bikeways, provided such areas do not consume more than half of the minimum required
greenway land or five (5) acres, whichever is less. Playing fields, playgrounds, and courts
shall not be located within 100 feet of abutting properties. Parking facilities for the same
shall also be permitted, and they shall generally be surfaced with porous material,
unlighted, properly drained, provided safe ingress and egress, and contain no more than
ten (10) parking spaces.
(8) Golf courses, including their parking areas and associated structures, may comprise up to
half of the minimum required greenway land, but shall not include driving ranges or
miniature golf.
(9) Water supply systems and stormwater detention areas designed, landscaped, and
available for use as an integral part of the greenway.
(10) Easements for drainage, access, sewer or water lines, or other public purposes.
(11) Underground utility rights-of-way, above-ground utility and street rights-of-way may
traverse conservation areas but shall not count toward the minimum required greenway
land.
§ 212-1711. Greenway Design Standards.
A. Greenway land shall be laid out in accordance with the four-step process set forth in Article
600 of Chapter 184 Subdivision and Land Development Ordinance. Design of greenway land
shall ensure that an interconnected network of greenways will be provided.
B. The required greenway land shall consist of a mixture of primary conservation areas, all of
which must be included, and secondary conservation areas, which shall be added to meet the
minimum amount calculated under §212-1707. for cluster subdivisions or required under
§212-1708. for country properties subdivisions. Examples of secondary conservation areas to
be included in greenway land are:
(1) Hydric soils, swales, springs and other lowland areas, including adjacent buffer areas
which may be required to insure their protection.
(2) Significant natural areas of species listed as endangered, threatened, or of special
concern, such as those listed in the statewide natural diversity inventory.
(3) Moderately steep slopes, particularly those adjoining water courses and ponds, where
disturbance and resulting soil erosion and sedimentation could be detrimental to water
quality.
(4) Healthy woodlands, particularly those performing important ecological functions such as
soil stabilization and protection of streams, wetlands and wildlife habitats.
(5) Areas where precipitation is most likely to recharge local groundwater resources because
of topographic and soil conditions affording high rates of infiltration and percolation.
(6) Class I, II and III agricultural soils as defined by the USDA Natural Resource
Conservation Service.
(7) Historic structures and sites.
(8) Visually prominent topographic features such as knolls, hilltops and ridges, and scenic
viewsheds as seen from public roads (particularly those with historic features).
(9) Existing trails connecting the tract to other locations in the municipality.
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§ 212-1712. Other Greenway Land Requirements.
A. No portion of any building lot may be used for meeting the minimum required greenway
land.
B. Pedestrian and maintenance access shall be provided to commonly-held greenway land in
accordance with the following requirements:
(1) Each neighborhood shall provide one (1) centrally located access point per fifteen (15)
lots.
(2) Access to greenway land used for agriculture may be appropriately restricted for public
safety and to prevent interference with agricultural operations.
(3) For Option 2, country properties, where greenway land is included within individual lots,
pedestrian and maintenance access shall not be required, but may be provided at the
discretion of the owner.
C. All greenway land areas that are not wooded or farmed shall be landscaped in accordance
with the landscaping requirements of the Subdivision and Land Development Ordinance.
§ 212-1713. Ownership and Maintenance of Greenway Land and Common Facilities.
A. Development restrictions. All Greenway Land shall be permanently restricted from future
subdivision and development. Under no circumstances shall any development be permitted in
the greenway at any time, except for those uses listed in §212-1710.A. This shall be a
covenant running with the land.
B. Ownership options. The following methods may be used, either individually or in
combination, to own common facilities. Common facilities shall not be transferred to another
entity except for transfer to another method of ownership permitted under this section, and
then only when there is no change in the common facilities or in the greenway ratio of the
overall development. Ownership methods shall conform to the following:
(1) Homeowners' association. Common facilities may be held in common ownership by a
homeowners' association, subject to all of the provisions for homeowners' associations set
forth in State regulations and statutes. In addition, the following regulations shall be met:
a. The applicant shall provide the Borough a description of the organization of the
proposed association, including its by-laws, and all documents governing ownership,
maintenance, and use restrictions for common facilities;
b. The proposed association shall be established by the owner or applicant and shall be
operating (with financial subsidization by the owner or applicant, if necessary) before
the sale of any dwelling units in the development;
c. Membership in the association shall be automatic (mandatory) for all purchasers of
dwelling units therein and their successors in title;
d. The association shall be responsible for maintenance and insurance of common
facilities;
e. The by-laws shall confer legal authority on the association to place a lien on the real
property of any member who falls delinquent is his dues. Such dues shall be paid
with the accrued interest before the lien may be lifted;
f. Written notice of any proposed transfer of common facilities by the association or the
assumption of maintenance for common facilities must be given to all members of
the association and to the Borough no less than thirty days prior to such event; and
g. The association shall have adequate staff to administer, maintain, and operate such
common facilities.
(2) Condominium association. Common facilities may be controlled through the use of
condominium agreements. Such agreements shall be in accordance with relevant State
law. All open land and common facilities shall be held as "common element."
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(3) Private conservation organization. With permission of the Borough, an owner may
transfer either fee simple title of the greenway or easements on the greenway to a private
non-profit conservation organization provided that:
a. The conservation organization is acceptable to the Borough and is a bona fide
conservation organization intended to exist indefinitely;
b. The conveyance contains appropriate provisions for proper reverter or retransfer in
the event that the organization becomes unwilling or unable to continue carrying out
its functions;
c. The Greenway land is permanently restricted from future development through a
conservation easement and the Borough is given the ability to enforce these
restrictions; and
d. A maintenance agreement acceptable to the Borough is established between the
owner and the organization.
(4) Dedication of easements to the Borough. The Borough may, but shall not be required to,
accept easements for public use of any portion of the common land or facilities. In such
cases, the facility remains in the ownership of the condominium association,
homeowners' association, or private conservation organization while the easements are
held by the Borough. In addition, the following regulations shall apply:
a. There shall be no cost of acquisition to the Borough;
b. Any such easements for public use shall be accessible to the residents of the
Borough; and
c. A satisfactory maintenance agreement shall be reached between the owner and the
Borough.
(5) Fee simple dedication to the Borough. The Borough may, but shall not be required to,
accept any portion of the common facilities in fee simple, provided that:
a. There is no cost of acquisition to the Borough; and
b. The Borough agrees to and has access to maintain such facilities.
C. Maintenance.
(1) Unless otherwise agreed to by the Borough, the cost and responsibility of maintaining
common facilities and Greenway Land shall be borne by the property owner,
condominium association, homeowners' association, or conservation organization.
(2) The applicant shall, at the time of preliminary plan submission, provide a Plan for
Maintenance of Greenway Land and Operation of Common Facilities in accordance with
the following requirements:
a. The Plan shall define ownership;
b. The Plan shall establish necessary regular and periodic operation and maintenance
responsibilities for the various kinds of greenway (i.e. lawns, playing fields, meadow,
pasture, cropland, woodlands, etc.);
c. The Plan shall estimate staffing needs, insurance requirements, and associated costs,
and define the means for funding the maintenance of the Greenway Land and
operation of any common facilities on an on-going basis. Such funding plan shall
include the means for funding long-term capital improvements as well as regular
yearly operating and maintenance costs;
d. The applicant shall be required to escrow sufficient funds for the maintenance and
operation costs of common facilities for up to one (1) year; and
e. Any changes to the maintenance plan shall be approved by the Borough.
(3) In the event that the organization established to maintain the Greenway Land and the
common facilities, or any successor organization thereto, fails to maintain all or any
portion thereof in reasonable order and condition, the Borough may assume responsibility
for maintenance, in which case it may place a lien on the property, any escrow funds may
be forfeited and any permits may be revoked or suspended.
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(4) The Borough may enter the premises and take corrective action, including extended
maintenance. The costs of such corrective action may be charged to the property owner,
condominium association, homeowners association, conservation organization, or
individual property owners who make up a condominium or homeowners' association and
may include administrative costs and penalties. Such costs shall become a lien on said
properties. Notice of such lien shall be filed by the Borough in the Allegheny
County.Office of Court Records, Civil Division. The Borough shall also have the right to
enforce any default by an action in equity.
§ 212-1714. Subdivision and Land Development Ordinance.
All applications for a conservation subdivision shall be governed by standards and procedures
stated within Article 600 of Chapter 184 Subdivision and Land Development Ordinance. In the
event that there are conflicting requirements between the provisions of this Article and those
stated within the Subdivision and Land Development Ordinance for major subdivisions, the
stricter provisions of this Article shall prevail.
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ARTICLE 1800. Conditional Uses, Procedures, General Standards and Similar Uses
§ 212-1801. Applicability.
The Borough Council shall have the power to approve conditional uses when this Chapter
specifically requires the obtaining of such approval and for no other use or purpose.
§ 212-1802. Application and Approval Procedure.
A. Application procedure.
(1) An administratively complete application for conditional use approval shall be filed with
the Zoning Officer, on forms prescribed by the Borough, at least twenty (20) days prior to
the date of the regular meeting of the Planning Commission. A conditional use
application shall not be considered to be administratively complete until all items
required by this Chapter, including the application fee and/or deposit, have been received
by the Borough.
(2) The Zoning Officer shall review the application to determine whether all materials
required by this Chapter have been submitted by the applicant. If all such materials have
not been submitted by the applicant, then the Zoning Officer shall reject the application
as administratively incomplete and shall notify the applicant, in writing, citing the
specific deficiencies and the specific requirements of this Chapter that have not been met.
(3) Within five (5) days of receipt of an administratively complete application, the Zoning
Officer shall submit one (1) copy of the application and any materials submitted
therewith to: the Borough solicitor; the Borough engineer; any Borough professional
consultant deemed necessary by the Borough Manager; and the county planning agency
or its designee.
(4) The Zoning Officer shall submit one (1) copy of an administratively complete application
and any materials submitted therewith to each member of the Borough Planning
Commission by no later than the Friday prior to the date of the regular meeting of the
Planning Commission.
(5) The Planning Commission shall review the application and forward its recommendation
to the Borough Council.
(6) The Borough Council shall hold a public hearing, pursuant to public notice, within the
time periods and procedures required by the MPC. The public hearing shall commence
within sixty (60) days of the date of the filing of an administratively complete
application. Public hearings shall be conducted and held in accordance with the
applicable provisions of the MPC.
(7) The Borough Council shall render a written decision on the conditional use application
within forty-five (45) days of the last hearing. Where the application is contested or
denied, the Borough Council decision shall be accompanied by findings of fact and
conclusions based thereon, together with any reasons there for. Conclusions based on any
provisions of this Chapter or any other rule, regulation, ordinance or statute shall contain
a reference to the provision relied upon and the reasons why the conclusion is deemed
appropriate in light of the facts found.
(8) In granting a conditional use pursuant to this Chapter, the Borough Council may impose
any reasonable conditions it believes are necessary to ensure compliance with this
Chapter 184 Subdivision and Land Development, the Franklin Park Borough Code of
Ordinances, as amended, and all other ordinances of the Borough, and as it otherwise
deems necessary to implement the purposes of this Chapter and the MPC.
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(9) A copy of the final decision or, where no decision is called for, of the findings, shall be
delivered to the applicant personally or mailed to him not later than the day following its
date.
(10) All development, construction and use shall be in accordance with the approved
conditional use decision and plan, unless a revised conditional use application is
submitted, approved and filed. The approved conditional use plan shall consist of the
application, as submitted, together with all of its attachments and exhibits, as finally
approved by the Borough Council, and the conditions attached by the Borough Council.
Any development contrary to the approved conditional use decision and plan shall
constitute a violation of this Chapter.
B. Application content.
(1) All applications for conditional use approval shall demonstrate compliance with the:
general standards and criteria of this Article; the applicable express standards and criteria
of Article 1900, as applicable; and the applicable lot and yard requirements of the zoning
district in which the use is proposed.
(2) All applications for conditional use approval shall be submitted to the Zoning Officer, in
the form prescribed. The number of copies of each of the following items shall be
prescribed by the Zoning Officer:
a. Full scale copies and half-scale copies of all required plans, maps and drawings;
b. Copies of all other application materials.
(3) An application for conditional use approval shall not be considered administratively
complete until all items required by this Chapter, including the application fee and and/or
deposit, have been received by the Zoning Officer.
(4) All applications for conditional use approval shall contain the following:
a. A development plan, as defined by this Chapter;
b. A legal document verifying applicant’s legal interest in the subject property (i.e.
deed, sales agreement, lease);
c. The application fee and/or deposit in an amount set from time to time by resolution of
the Borough Council; and
d. Construction plans, where renovations or modifications of an existing building is
immediately contemplated, showing the scope, nature and extent of said renovation
or modification.
C. Expiration of approval. The grant of a conditional use shall expire two (2) years after the date
of the Borough Council’s written decision unless: (1) the applicant has applied for and
obtained a building permit and commenced construction; or (2) in a case where the
conditional use does not require the issuance of a building permit, the applicant has applied
for and obtained an occupancy permit and has commenced the use which is the subject of the
conditional use approval. Expiration of the conditional use approval under this Article shall
require the applicant to re-apply for conditional use approval.
§ 212-1803. General Standards and Criteria.
A. Before approving a conditional use application, the Borough Council shall determine that the
proposed use complies with the following general standards and criteria, which are in
addition to any other requirements in Article 1900 for a specific type of use or development:
(1) The proposed use will not alter the established character and use of the neighborhood or
district in which it is located, and will not substantially impair the use or development of
adjacent properties.
(2) The establishment, maintenance, location and operation of the proposed use will not be
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
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(3) The proposed use complies with all applicable provisions and requirements for that type
of use contained in this Chapter (unless a variance to any provision has been granted by
the Zoning Hearing Board) and all other applicable federal, state, county, and borough
laws, statutes, ordinances and regulations, including but not limited to: Chapter 184
Subdivision and Land Development; Chapter 178 Storm Water Management; and the
Franklin Park Borough Code of Ordinances, as amended.
(4) The proposed use is compatible with surrounding land uses. It does not have a negative
impact on the existing neighborhood or development in terms of air and water quality,
noise, illumination and glare, restrictions to natural light and air circulation or other
hazardous conditions that could endanger surrounding residents or impair the use of
surrounding properties.
(5) The proposed site of the conditional use is suitable in terms of topography, soil
conditions and size, based on number of projected users and the frequency of use of the
proposed use.
(6) The proposed use and site provides for safe, adequate vehicular and pedestrian access. It
has access from a street capable of handling the traffic generated by the proposed use,
and it will not result in undue traffic congestion and hazardous conditions on adjacent
streets. The use provides for safe and efficient internal circulation and sufficient off-street
parking and loading.
(7) The proposed use complies with all applicable standards and requirements for providing
sanitary sewage disposal, water supply, storm water management, solid and toxic waste
storage and disposal.
(8) The proposed use provides landscaping, screening and buffer areas sufficient to protect
the use, enjoyment and development of adjacent properties.
(9) The proposed use is in general conformity with the Borough Comprehensive Plan.
B. The Borough Council shall grant a conditional use only if it finds adequate evidence
presented by the applicant that the proposed conditional use is duly authorized under
provisions of this Chapter, that the application falls within the terms of the specific provisions
allowing for conditional uses and that the proposed use complies with all other requirements
of this Chapter. The Borough Council shall refuse an application for conditional use where
opponents to the application establish that the application is contrary to the health, safety and
morals or general welfare of the community at large. The Borough Council, in granting a
conditional use, may attach such reasonable conditions and safeguards other than those
related to offsite transportation or road improvement, in addition to those expressed in this
Chapter, as it may deem necessary to implement the purposes of this act and the zoning
ordinance, except that conditions of approval shall not include those related to off-site
transportation or road improvements pursuant to Section 603(c) (2) of the MPC.
C. The Borough Council shall, among other things, require that any proposed use and location
be:
(1) In accordance with the Franklin Park Borough Comprehensive Plan and consistent with
the spirit, purposes and the intent of this Chapter.
(2) In the best interests of the Borough, the convenience of the community and the public
welfare and be a substantial improvement to the property in the immediate vicinity.
(3) Suitable for the property in question and designed, constructed, operated and maintained
so as to be in harmony with and appropriate in appearance to the existing or intended
character of the general vicinity.
(4) In conformance with all applicable requirements of this Chapter.
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§ 212-1804. Similar Uses.
Similar uses to those set forth in the regulations for each zoning classification shall be permitted
as a conditional use following review and comments by the Planning Commission and subject to
provisions for the required public hearings when authorized by Borough Council.
A. Uses of the same general character as any of the uses authorized as permitted uses or
conditional uses in the zoning district shall be permitted, if Borough Council determines that the
impact of the proposed use on the environment and adjacent streets and properties is equal to or
less than any use specifically listed in that Zoning District. In making such determination,
Borough Council shall consider the following characteristics:
(1) The number of employees.
(2) The number of residents or clients.
(3) The floor area of the building or the gross area of the lot devoted to the proposed use.
(4) The type of services, products, materials, equipment and/or processes involved in the
proposed use.
(5) The volume of walk-in trade.
(6) The traffic and environmental impact and the ability of the proposed use to comply with
the performance standards of Article 2100 of this Chapter.
B. The proposed use shall comply with all applicable area and bulk regulations of the zoning
district in which it is located.
C. If the proposed use is most nearly comparable to a conditional use, rather than the permitted
use authorized in the zoning district, the proposed use shall comply with the applicable
standards and criteria specified for that most nearly comparable conditional use in the zoning
district in which it is proposed.
D. The proposed use shall be consistent with the purpose statement of the zoning district in which
it is proposed and shall be consistent with the community development objectives of this
Chapter.
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ARTICLE 1900. Express Standards for Permitted and Conditional Uses, as
Applicable
§ 212-1901. Agricultural Use Regulations.
The following agricultural uses are permitted where indicated in § 212-404, subject to the district
requirements and any other applicable requirements of the Borough's ordinances.
A. Farm.
(1) This use shall not be detrimental to natural features.
(2) The use of untreated human sewage as fertilizer is prohibited.
(3) Storage of manure, odor- or dust-producing substances, shall be located at least two
hundred (200) feet from the lot line.
B. Nursery.
(1) The floor area for retail sales shall not exceed one thousand two hundred (1,200) square
feet.
(2) Storage of manure, odor- or dust-producing substances, shall be located at least two
hundred (200) feet from the lot line.
C. Greenhouse.
(1) The floor area for retail sales shall not exceed one thousand two hundred (1,200) square
feet. The growing area is not considered a sales area.
(2) The heating plant shall be located at least one hundred (100) feet from the lot line.
(3) Storage of manure, odor- or dust-producing substances, shall be located at least two
hundred (200) feet from the lot line.
D. Animal husbandry.
(1) The minimum lot size shall not be less than five (5) acres.
(2) The keeping or raising of livestock and poultry on parcels of land less than ten (10) acres
in area shall be limited to the keeping and raising of two (2) head of livestock or fifty (50)
fowl per one (1) acre.
(3) All grazing or pasture area shall be adequately fenced.
(4) Any building used for the keeping or raising of livestock or poultry shall be situated not
less than two hundred (200) feet from any street line, dwelling or well other than the
owner's well and not less than one hundred (100) feet from the owner's well or any lot
line.
(5) The raising of garbage-fed animals is not permitted.
(6) Riding academies, livery or boarding stables, commercial dog kennels and the raising of
animals for fur or skins is not included in this use.
(7) Storage of manure, odor or dust-producing substances, shall be located at least two
hundred (200) feet from the lot line.
E. Commercial Kennel.
(1) The minimum lot size shall not be less than five (5) acres.
(2) No animal shelter or runs shall be located closer than two hundred (200) feet from any lot
line adjoining a residential use or zoning district and at least one hundred (100) feet from
any other lot line.
(3) Storage of manure, odor or dust-producing substances, shall be located at least two
hundred (200) feet from the lot line.
(4) Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be
adequately secured by a fence with a self-latching gate and shall be screened by a six (6)
foot high compact hedge or one hundred (100%) percent opaque fence on all sides which
are visible from any street or residential lot.
(5) The kennel shall be licensed by the Allegheny County Department of Agriculture, Bureau
of Dog and Law Enforcement if necessary, but shall nevertheless comply with all
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applicable rules and regulations of the Commonwealth and Allegheny County concerning
the licensing and registration of animals.
F. Stable (commercial).
(1) The minimum lot size shall not be less than five (5) acres.
(2) The minimum pasture area for grazing per horse shall not be less than two (2) acres.
(3) All grazing and pasture areas shall be adequately fenced.
(4) No shelter shall be located closer than two hundred (200) feet from any lot line.
(5) Storage of manure, odor- or dust-producing substances, shall be located at least two
hundred (200) feet from the lot line.
G. Farm market.
(1) The minimum lot size shall not be less than five (5) acres.
(1) Size of the structure. The maximum size of the structure of a farm market provided for in
this Chapter shall be one hundred (100) square feet.
(2) Minimum yards. The minimum yards for all buildings, structures, and uses pertaining to a
farm market provided for in this Chapter shall be as follows:
a. Front yard: one hundred (100) feet.
b. Each side yard: fifty (50) feet.
c. Rear yard: ninety (90) feet.
(4) Farm markets shall provide adequate parking spaces to insure shoppers’ safety and to not
impede traffic in any manner. Such parking areas shall have adequate sight distance to
insure safe ingress and egress to the farm market.
H. There shall be no limit of the number of structures or uses on a lot being used for residential
and agricultural purposes, provided all other provisions of this Chapter are in compliance.
§ 212-1902. Residential Use Regulations.
The following residential uses are permitted where indicated in § 212-404, subject to the district
requirements and any other applicable requirements of the Borough's ordinances.
A. Single-family dwelling.
(1) All dwelling units shall be situated on permanent brick to grade foundation walls,
including footings constructed below the frost line.
B. Duplex.
(1) All dwelling units shall be situated on permanent brick to grade foundation walls,
including footings constructed below the frost line.
(2) All multi-family dwellings shall comply with the provisions of § 212-1903., contained in
this Article.
C. Townhouse.
(1) Six (6) units are the maximum number permitted in any one (1) structure.
(2) Dwelling units sharing a common back wall shall not be permitted.
(3) All dwelling units shall be situated on permanent brick to grade foundation walls,
including footings constructed below the frost line.
(4) All multi-family dwellings shall comply with the provisions of § 212-1903., contained in
this Article.
D. Apartment building.
(1) All dwelling units shall be situated on permanent brick to grade foundation walls,
including footings constructed below the frost line.
E. Conversion.
(1) All exterior architectural changes are subject to the approval of the governing body.
(2) Stairways leading to the second or any higher floor shall be located within the walls of
the building wherever practical, and stairways and fire escapes shall otherwise be located
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on the rear wall in preference to either side wall and in no case on a front wall or side
wall facing a street.
(3) Yard requirements are applicable upon conversion of the structure. Maximum height of
the structure shall not exceed the requirements of the district.
F. Boarding house.
(1) The minimum lot area per sleeping room shall be one thousand (1,000) square feet in
addition to any other lot area requirements.
(2) Conversion of an existing building for boarding house purposes shall meet the applicable
provisions of § 212-1902.E.
(3) Lot area and dimensional requirements shall be as specified for apartment buildings
under § 212-501. in the applicable zoning district.
G. Mobile home park.
(1) All provisions of Chapter 184, Subdivision and Land Development, regulating mobile
homes parks in the municipality are met.
(2) The minimum lot size for a mobile home park is five (5) acres.
(3) The minimum number of spaces completed and ready for occupancy before the first
occupancy is permitted shall be nine (9).
(4) Every mobile home slab shall have access to a public or private street in accordance with
appropriate subdivision regulations.
(5) All mobile homes shall be situated on the lot in such a manner that the longest side is
parallel to the street.
(6) Sewage treatment shall meet the regulations and standards provided by the Department of
Environmental Protection.
(7) Minimum lot size per dwelling unit shall be four thousand (4,000) square feet.
(8) Each mobile home shall be situated on a concrete slab.
H. Retirement community for the elderly.
(1) A retirement community for the elderly:
a. Single-family, two-family, townhouse or apartment units.
b. Assisted living facility or independent living facility, as defined herein.
c. Personal care boarding home and/or nursing home, subject to § 212-1904.E.
(2) The maximum dwelling unit density shall be eighteen (18) units per acre.
(3) If a personal care boarding home or nursing home is proposed as part of the retirement
community for the elderly, the minimum site area required for the personal care boarding
home or nursing home shall be deducted from the total site area and the remaining site
area shall be utilized to calculate the maximum permitted dwelling unit density in the
retirement community.
(4) Recreational facilities appropriate to the needs of the residents shall be provided, subject
to approval by Borough Council.
(5) One (1) or more of the following supporting uses may be included in a residential
building proposed as an independent living facility or assisted living facility, subject to
approval by Borough Council;
a. Common dining facilities.
b. Common leisure and/or recreational area.
c. Postal station for use of the residents and staff only.
d. Banking facility, including automated teller machine (ATM), for use of the residents
and staff only.
e. Pharmacy and/or medical offices for use of the residents only.
f. Personal services for the use of the residents only, including beauty shop, barbershop,
common laundry facilities, or dry-cleaning valet.
g. Ice cream parlor and/or florist or gift shop for the use of the residents and their
invited guests only.
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h. Elderly day-care center licensed by the Commonwealth of Pennsylvania.
i. Taxi, van or similar transportation services for the residents.
(6) Off-street parking for a personal care boarding home or nursing home shall be provided
in accordance with the requirements of Article 2200.
(7) Safe vehicular access and areas for discharging and picking up guests shall be provided.
(8) Ingress, egress and internal traffic circulation shall be designed to ensure safety and
minimize congestion and the impact on minor streets. The lot shall be served by frontage
on a public street.
(9) Total site area shall be a minimum of one (1) acre.
(10) The facility shall be accessible for fire fighting purposes and evacuation at all levels and
on all sides, otherwise the facility shall not be more than two (2) stories.
(11) Any additional standards that are needed to protect the public health, safety, and welfare
or to address the unique characteristics of a particular site defined by the Borough
Council shall be complied with by the landowner and/or developer.
I. Bed and breakfast.
(1) No more than five (5) bedrooms may be available or used for such use in any building.
(2) Not more than one (1) ground sign shall be permitted on the lot. The maximum permitted
sign area shall be twenty (20) square feet.
(3) Service meals shall be limited to breakfast only to overnight guests of the facility.
(4) All off-street parking spaces shall be provided on the lot. The number of off-street
parking and loading spaces shall be provided as defined by Article 2200 of this Chapter.
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or
stone block paving material.
(5) The owner and/or manager of the facility shall reside therein.
(6) An overnight guest shall not occupy the facility for more than fourteen (14) consecutive
nights in a thirty (30) day period.
(7) Means of ingress and egress to the lot shall be from an arterial or collector street only.
§ 212-1903. Design Standards for Multi-Family Structures and Sites.
A. Applicability. The following site design standards shall be used in the development or
redevelopment of all multi-family structures located in the R-3, R-4, M1, M-2 zoning
districts, under Article 1700. No development approval shall be granted, nor building permit
issued, that does not meet these design standards, except as provided herein. On the event that
there are conflicting standards with other provisions of other Borough ordinances, the stricter
standards shall apply.
B. Definitions. The following definitions shall apply to this section:
ARTICULATION - Shifts in the plane of walls, offsets, stepbacks, overhangs, and details in
order to create variation in a building façade and divide large buildings into smaller
identifiable sections.
BALCONY - An unenclosed platform that projects from or recesses into the wall of a
building, is surrounded by a parapet or railing on its open side(s), and is entirely supported by
the building. When such platform is both roofed and enclosed it is considered interior space
and not a balcony.
BAY WINDOW - A window which projects outward from the building façade in a
semicircular, rectangular, or polygonal design. The base of the projected area of each bay
window shall be at least one (1) foot above the level of the floor, shall not be used as an
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extension of interior floor space, and shall not span more than eight (8) feet along street
facing facades.
GABLE - The vertical triangular portion of the end of a building created by two (2) sloping
planes, extending from the level of the cornice or eaves to the ridge of the roof.
MULTI-FAMILY DEVELOPMENT - A structure or combination of structures in which two
(2) or more families cohabitate. Multi-family includes attached dwelling units, such as
townhouses, as well as well as attached or detached structures such as duplexes, triplexes,
quadplexes or apartment units.
MASSING/BUILDING MASS - Building mass refers to height, width and depth of a
building structure. Massing means grouping of three (3)-dimensional building forms to
achieve variation.
PARAPET AND CORNICE - Parapet is the vertical extension of the main walls of a building
above the roof line. Cornice is the horizontal projection, molded or otherwise decorated, that
crowns the top of the building.
PORCH - A covered, yet unenclosed floor projecting from and structurally connected to a
residential building.
SCALE - The relationships of a development and/or its elements in terms of size, height,
bulk, intensity, and aesthetics, to one another and the surroundings. Human scale would
identify the relationship of building with the human being.
C. Building Design.
(1) Intent and purpose. These building design standards are intended to create and add to the
visual interest of Franklin Park’s streets; to ensure quality and consistency in building
architectural character and style; to ensure compatibility with adjacent development, as
applicable; to avoid featureless building massing; to provide building design details to
reduce the visual scale of large multi-family buildings; to achieve unity of design through
the use of similar materials; to ensure use of building materials that are durable and
attractive; and to ensure accessory structures are compatible in design with the primary
buildings they serve.
(2) All building plans for multi-family development shall be prepared and sealed by an
American Institute of Architects (AIA) licensed architect.
(3) Building height/massing/form
a. Intent
These standards are intended to achieve the following purposes:
i. Provide a distinctive, quality, consistent, architectural character and style in new
multi-family development that avoids monotonous and featureless building
massing and design.
ii. Ensure building design and architectural compatibility within a multi-family
development.
iii. As applicable, new building design should respect the context of adjacent
residential neighborhoods, including the height, scale, mass, form, and character
of surrounding development.
b. Building height, general – See §212-405. of this Chapter for applicable building
height standards for each zoning district.
c. Building length/number of townhome units.
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i. The maximum length of a multi-family residential building shall be two hundred
(200) feet.
ii. No more than six (6) townhome dwelling units shall be attached in any single
row.
d. Building mass and form
i. Multi-family building design should incorporate visually heavier and more
massive elements at the building base, and lighter elements above the base. A
second story, for example, should not appear to be heavier or demonstrate greater
mass than that portion of the building supporting it.
(a.) The following common building materials are listed in order from heaviest to
lightest: stone, brick, wood, and stucco.
(b.) In instances where the same building material is used in differing colors,
darker hues will be considered heavier than lighter hues.
ii. All buildings shall be designed to provide complex massing configurations with a
variety of different wall planes and roof planes. Plain, monolithic structures with
long, monotonous, unbroken wall and roof surfaces of fifty (50) feet or more are
prohibited. At least every fifty (50) linear feet, wall and roof planes shall contain
offsets with a differential in horizontal plane of at least four (4) feet. (see Figure
19-1)
Figure 19-1: Examples of Varied Roof Planes and Wall Surfaces.
iii. The façades of townhomes should be articulated to differentiate individual units.
e. Multi-family buildings
i. To the maximum extent practicable, the massing and use of exterior materials on
multi-family buildings, including duplexes but not including townhomes, should
be arranged so as to give the building the appearance of a large single-family
detached home. (See figure 19-2)
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Figure 19-2: Examples of Multi-Family Buildings Resembling Single Family Homes.
(4) Architectural detail: style, roof form, building façades, entries, and windows
a. Intent. The following guidelines and standards governing architectural detail are
intended to provide a distinctive, quality, architectural character in new multi-family
developments. In particular, architectural details help to reduce the visual scale of
multi-family development.
b. Consistency in architectural style. Each building in a multi-family development
should have a definitive, consistent style. Mixing of various architectural styles on
the same building dilutes the character of a building and is inappropriate.
c. Four-sided design required. All sides of a multi-family building shall display a
similar level of quality and architectural interest. A building’s architectural features
and treatments shall not be restricted to a single façade.
d. Pedestrian-scale entrance required. All building entries adjacent to a collector street
or to a public street or private drive with on-street parking shall be human-scaled.
Human-scaled entries are those that provide an expression of human activity or use in
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elation to building size. Doors, windows, entranceways, and other features such as
corners and offsets can be used to create human scale.
e. Articulated building fronts. Fronts of buildings should be articulated through the use
of bay windows, insets, balconies, porches, or stoops related to entrances and
windows. (see figure 19-3)
Figure 19-3: Example of Articulation of Building Fronts with Windows, Balconies, and Insets.
f. Windows
i. All multi-family building elevations shall contain windows, except when
necessary to assure privacy for adjacent property owners.
ii. At least fifteen percent (15%) of each street facing façade shall be comprised of
windows.
iii. Windows should be located to maximize the possibility of occupant surveillance
of entryways, recreation areas, and common areas.
g. Garage doors
Garage doors of attached garages shall not comprise more than fifty percent (50%) of
the total length of a multi-family building's front façade. The setback of every two (2)
single-bay garage doors or every double garage door shall be offset by at least four
(4) feet from the plane of an attached adjacent garage door(s). On lots without alley
access, street-facing garages shall not extend forward of the primary building
entrance. Side-facing garages are preferable.
h. Roofs
i. All multi-family buildings with pitched roofs shall have a pitched roof with a
minimum slope ratio of 6:12.
ii. On buildings where sloping roofs are the predominant roof type, each building
shall have a variety of roof forms. For instance, a gable or hip configuration
should be used with complimentary sheds, dormers, and other minor elements.
Other roof forms will be considered on a case-by-case basis.
iii. On buildings where flat roofs are the predominant roof type, parapet walls shall
vary in height and/or shape at least one (1) foot every fifty (50) feet of building
wall length.
iv. Roof forms shall be designed to correspond and denote building elements and
functions such as entrances and arcades.
(5) Building materials
a. Intent
The following guidelines and standards are intended to:
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i. Unify design through the use of similar materials throughout multi-family
developments.
ii. Select high-quality building materials that are durable, attractive, and have low
maintenance requirements.
b. Submittal requirements
Applicants shall submit a sample building material board at the time of preliminary
plan approval.
c. Design guidelines and standards
i. Exterior materials:
(a.) For all multi-family buildings, an amount no less than seventy-five percent
(75%) of the exterior wall area of each building elevation, excluding gables,
windows, doors, and related trim, shall be brick, stone, or natural wood.
(b.) Foundations for all multi-family buildings shall be brick or stone to grade.
ii. Roof materials.
Predominant roof materials shall be high quality, durable material such as, but
not limited to: wood shake shingles, clay or concrete tiles, composition shingles,
and asphalt shingles.
iii. Design compatibility required.
(a.) Detached garages and carports and other accessory structures, including but
not limited to grouped mailboxes, storage and maintenance facilities,
recreational facilities, picnic shelters, and gazebos, shall incorporate
compatible materials, scale, colors, architectural details, and roof slopes as
the primary multi-family buildings, except that flat and shed roofs are
prohibited.
iv. Articulation of rear walls.
(a.) Rear walls of detached garages and carports that back onto the perimeter
street shall be articulated through the use of one (1) or more of the following
elements:
(i.) Windows;
(ii.) A trellis; or
(iii.) A variety of roof planes.
D. Landscaping and screening.
(1) Intent. Landscaping, which is a visible indicator of quality development, shall be an
integral part of multi-family development, and not merely located in leftover portions of
the site. Landscaping is intended to visually tie the entire development together, define
major entryways and circulation (both vehicular and pedestrian) and parking patterns,
and, where appropriate, help buffer less intensive adjacent land uses. All landscape plans
shall be prepared and sealed by an American Society of Landscape Architects (ASLA)
licensed landscape architect or prepared by an individual specifically trained and
experienced in the field of landscape or horticultural design. All street tree planting shall
conform to the standards contained in Ordinance No. 503-01. Borough of Franklin Park
Street Tree Landscaping Design.
(2) Interference with drainage patterns
a. Landscaping, fencing, and screening shall not impede the flow of drainage from the
site.
(3) Plant materials
a. Intent. Incorporate a variety of plant species into the planting plan to reinforce
neighborhood building clusters, primary access-ways, and open space areas.
b. Design guidelines and standards
i. Site landscaping shall be placed to define or frame open areas.
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ii. Site landscaping shall be placed to accentuate primary vehicular circulation
routes.
iii. Site landscaping shall include plants similar in form and scale to existing
vegetation in the neighborhood or area.
iv. A variety of plant types, sizes, and species should be used so that on-site
landscaping displays a variety of leaf size, texture, and color.
v. The use of bio-retention areas shall be encouraged as part of the landscaping
plan.
vi. Plant materials shall be selected for energy efficiency, drought tolerance, and
those that are deer and disease resistant.
vii. Each landscaped area, including parking islands, shall be covered in live
material. Live material includes trees, shrubs, ground cover, and sod. Woody
mulch or other natural materials other than exposed gravel and aggregate rock
may cover areas not covered in live material.
viii. The minimum tree requirements for multi-family developments are one (1) tree
per dwelling unit.
(4) Site perimeter landscaping abutting streets
a. Intent. Provide an attractive, shaded environment along streets that creates a visual
cohesion along streets, helps buffer automobile traffic, focuses views for both
pedestrians and motorists, and increases the sense of neighborhood scale and
character.
b. Design guidelines and standards
i. Landscaped building setbacks. Building setback areas along all public streets and
private drives shall be landscaped with a minimum of one (1) deciduous tree per
forty (40) linear feet of frontage.
(5) Site perimeter landscaping abutting adjoining parcels
a. Intent. Reduce the on- and off-site visual impacts of paved areas and buildings; and
create attractive buffer while avoiding landscaping that “walls-off” the multi-family
development from adjacent lower-intensity land uses.
b. Design guidelines and standards
Each perimeter boundary (other than a street) shall be landscaped with a combination
of evergreen (conifers) and shade trees at a ratio of one (1) tree per forty (40) linear
feet of boundary, with fractional requirements rounded up.
(6) Entryway landscaping
a. Intent. Entryway landscaping announces and highlights entries into the development
for the visiting public, and may contrast with or soften hard lines of architecture.
b. Design guidelines and standards
i. Development entryways shall be planted with ornamental plant material, such as
ornamental trees, flowering shrubs and perennials, and ground covers.
ii. Planting shall be massed and scaled as appropriate for the entryway size and
space.
iii. Landscaping should decrease in scale and increase in detail, color, and variety to
mark entryways into developments.
iv. Landscaping at street intersections and driveway corners shall "pull back" to
open view lines into the site and to create corner features.
(7) Parking lot landscaping
a. Intent. Use parking lot landscaping to minimize the expansive appearance of parking
lots, provide shaded parking areas, and mitigate any negative acoustic impacts of
motor vehicles.
b. Design guidelines and standards
i. Separation of parking spaces and landscaping within parking spaces.
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(a.) Each ten (10) parking stalls in a row shall be separated from other parking
spaces by a landscaped median or berm that is at least ten (10) feet wide, or
by a pedestrian walkway or sidewalk within a landscaped median (minimum
width of ten (10) feet), or by a low decorative fence or wall (maximum
height three (3) feet) bordered by landscaping on at least one (1) side. As an
alternative, landscaped areas within the parking lot may be clustered in
various portions of the lot to achieve the intent of this section.
ii. Perimeter parking area landscaping.
(a.) Intent. Use perimeter parking lot landscaping and screening to mitigate the
negative on- and off-site visual and acoustic impacts of motor vehicles.
(b.) The perimeter of all parking areas shall be screened by either of the
following methods:
(i.) A berm three (3) feet high with a maximum slope of 3:1 in combination
with coniferous and deciduous trees and shrubs; or
(ii.) A low continuous landscaped hedge at least three (3) feet high, planted
in a triangular pattern so as to achieve full screening at maturity; or
(iii.) A low decorative masonry wall three (3) feet high in combination with
landscaping (landscaping shall be planted between the wall and the
public right-of-way, sidewalk, or boundary); or
(iv.) A combination of these methods.
(8) Building foundation landscaping
a. Intent. Articulate building façades with landscaping to provide visual interest.
b. Design guidelines and standards
i. Building foundations shall be planted with ornamental plant material, such as
ornamental trees, flowering shrubs and perennials, and ground covers.
ii. Planting shall be massed and scaled as appropriate for the entryway size and
space.
iii. Landscaping should decrease in scale and increase in detail, color, and variety to
mark entryways into developments.
(9) Service area screening
a. Intent. Service areas create visual and noise impacts on surrounding uses and
neighborhoods. These standards visually screen on-site service areas, including trash
collection areas, from public rights-of-way and adjacent uses.
b. Design guidelines and standards
i. To the maximum extent feasible, trash containers and collection areas shall be
oriented toward rear service corridors. Trash collection or compaction areas shall
be located a minimum of twenty (20) feet from any public street, public
sidewalk, or property line adjacent to a residential use.
(10) Mechanical/Utility Equipment Screening
a. Intent. Mechanical and utility equipment can detract from the quality of a
development and the character of an area. These standards mitigate the negative
visual and acoustic impacts of mechanical and utility equipment systems located in a
multi-family development.
b. Design guidelines and standards
i. Mechanical/utility screening shall be an integral part of the building structure and
architecture and not give the appearance of being “tacked on” to the exterior
surfaces.
(11) Fencing and walls
a. Intent. While fences and walls are often necessary to buffer uses, they can create a
visually monotonous streetscape. These standards provide fencing and walls that are
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visually-appealing, complement the design of the overall development and
surrounding properties, and provide visual interest to pedestrians and motorists.
b. Design guidelines and standards
i. Applicability. This subsection applies to all perimeter fences and walls.
ii. Setbacks and height.
(a.) Solid screening fences greater than three (3) feet in height must be setback a
minimum of fifteen (15) feet from an adjacent public right-of-way.
(b.) Solid screening fences no greater than three (3) feet in height or see-through
fences must be setback a minimum of four (4) feet from an adjacent public
right-of-way.
(c.) No setback is required for fences on an interior property line.
(d.) Unless otherwise restricted by (b) above, the maximum height of a fence or
wall shall be eight (8) feet.
iii. Materials. Walls and fences shall be constructed of high quality materials, such
as decorative blocks, brick, stone, treated wood, and ornamental metal. Other
materials will be considered on a case-by-case basis. Chain link fencing shall not
be allowed.
iv. Breaks for connection. Breaks in the length of a perimeter fence shall be made to
provide for required pedestrian connections to the perimeter of a site or to
adjacent development, such as perimeter sidewalks and public trails.
v. Maximum length. The maximum length of continuous, unbroken, and
uninterrupted fence or wall plane shall be fifty (50) feet. Breaks in the fence shall
be provided through the use of columns, landscaping pockets, transparent
sections, and/or a change to different materials.
vi. Landscaping. The setback area between a fence or wall and the public street shall
be landscaped with sod, shrubs, and/or trees, using a variety of species to display
a variety of leaf size, texture, and color. Use of landscaping beyond the minimum
required in these standards is strongly encouraged to soften the visual impact of
fences and walls.
§ 212-1904. Institutional and Recreational Use Regulations.
The following institutional and recreational uses are permitted where indicated in § 212-404,
subject to the district requirements and any other applicable requirements of the Borough's
ordinances.
A. Place of worship.
(1) It shall provide safe and adequate traffic flow.
(2) It shall provide adequate ingress and egress of pedestrian flow.
(3) It shall prohibit glare due to site lighting.
(4) It shall provide buffering in conformance with the provisions of Article 2000 of this
Chapter.
(5) Day care is permitted as a conditional use in places of worship subject to requirements of
§ 212-1904.D., and provided that outdoor play areas shall be sufficiently screened and
insulated so as to protect the neighborhood from inappropriate noise and other
disturbance, and sufficient facilities for passenger loading and unloading shall be
provided.
B. School or library.
(1) Access to a collector or arterial street is required.
(2) It shall provide safe and adequate traffic flow for passenger vehicles and school busses.
(3) It shall prohibit glare due to site lighting.
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(4) It shall provide sufficient screening of outdoor play areas to protect the neighborhood
from inappropriate noise and other disturbance.
(5) It shall provide fencing to control pedestrian ingress and egress.
C. Community center.
(1) The use shall not be conducted as a private, gainful business.
(2) No outdoor recreation area shall be located nearer to any lot line than the required front
yard depth.
(3) It shall provide safe and adequate traffic flow.
(4) It shall prohibit glare due to site lighting.
(5) It shall provide sufficient screening of outdoor play areas to protect the neighborhood
from inappropriate noise and other disturbance.
(6) It shall provide fencing to control pedestrian ingress and egress.
(7) In all districts, access to a collector or arterial street is required.
D. Day care center, day care home, or group child day care home.
(1) Proof of a valid license to operate child day care facilities issued by the Pennsylvania
Department of Public Welfare shall be provided to the Borough prior to the issuance of
an occupancy permit by the Borough for the use.
(2) All day care facilities shall provide a minimum area for indoor play at a ratio of forty (40)
square feet per child.
(3) All day care facilities shall provide outdoor play space at a minimum ratio of sixty-five
(65) square feet per child using the outdoor play facility. Long, linear configurations shall
be avoided to assure the functionality of the space as a play area. At no point shall the
play area be less than twenty (20) feet in width.
a. The outdoor play area shall adjoin the building where the child day care facility is
located.
b. The outdoor play area shall be no closer than thirty (30) feet to a private/public street
right-of-way, or ten (10) feet to any other property lines.
c. The outdoor play space shall be completely enclosed by a safe and adequate fence or
wall a minimum of four (4) feet in height, unless a greater height is required by the
Borough Council. Any outdoor play area potentially susceptible to encountering
vehicles leaving the roadway, travel lanes, or access ways shall be protected by a
barrier capable of preventing the vehicle from entering the play area.
d. Non-yielding surfaces, such as concrete, asphalt, gravel, etc., are prohibited beneath
any piece of permanently installed play equipment. Certain rubber padding may be
permissible over hard surfaces when approved by the Borough Council. Non-yielding
surfaces shall not exceed one-quarter (1/4) of the required outdoor play space.
(4) Safe vehicular access and off-street areas for the discharge and pick-up of children shall
be provided in the following manner.
a. Minimum dimensions of discharge and pick-up areas shall measure eight (8) feet by
fifty-five (55) feet.
b. Discharge and pick-up areas shall be so located and designed so that the vehicles
intended to use them can maneuver safely and conveniently to and from a public
right-of-way and complete the discharge and pick-up without obstructing or
interfering with the use of any public right-of-way, any parking space, or parking lot
aisle.
c. No area allocated as a discharge and pick-up area may be used to satisfy the area
requirements for off-street parking, nor shall any portion of any off-street parking
area be used to satisfy the area requirements for discharge and pick-up areas. All offstreet
discharge and pick-up areas shall be separated from walkways, sidewalks,
parking lot aisles, streets, and alleys by curbing or other protective devices as
approved by the Borough Engineer.
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(5) In residential districts R3 and R4, the use shall be conducted in a building designed as a
single-family detached residence or in a structure used for religious purposes. Day care in
a structure used for religious purposes shall be limited to no more than one (1) person per
fifty (50) gross square feet of area used or intended for use in the care of persons
attending the care facility.
(6) In mixed use districts, the use shall be conducted in a building designed as a singlefamily
residential structure or used for religious purposes or in areas of other structures
not used for residential use.
(7) Sufficient facilities for passenger loading and unloading shall be provided.
(8) Day Care Facilities shall comply with PA UCC requirements.
E. Nursing home or personal care boarding home.
(1) A minimum lot area of one (1) acre, plus eight hundred (800) square feet per resident
shall be required.
(2) No more than eighty (80) resident patients shall be accommodated in any one (1) building
devoted entirely to a nursing home or personal care boarding home or a combination
thereof.
(3) The site shall be designed to provide safe and adequate traffic flow, particularly at the
change of shifts.
(4) Site lighting shall be designed to eliminate glare on adjoining streets or properties.
F. Hospital.
(1) It shall provide sufficient facilities for passenger loading and unloading.
(2) It shall provide safe and adequate traffic flow.
(3) It shall prohibit glare due to site lighting.
(4) It shall provide adequate ingress and egress of pedestrian flow.
G. Cemetery.
(1) The minimum size of a cemetery shall be ten (10) acres.
(2) The developer shall provide a statement of guaranteed perpetual maintenance before
approval is given.
(3) No burial sites shall be within fifty (50) feet of any lot line or one hundred (100) feet of a
street right-of-way and no crematorium shall be within two hundred (200) feet of any lot
line.
H. Recreational facility (public) or park.
(1) It shall provide safe and adequate traffic flow.
(2) It shall prohibit glare due to site lighting.
(3) It shall provide sufficient screening and buffering to protect the area from inappropriate
noise and other disturbance.
I. Recreational facility (private).
(1) It shall provide safe and adequate traffic flow.
(2) No outdoor active recreation area shall be located nearer to any lot line than one hundred
(100) feet. This requirement does not apply to tot lots.
(3) It shall provide sufficient screening so as to protect the neighborhood from inappropriate
noise and other disturbance.
(4) It shall provide fencing to control pedestrian ingress and egress.
(5) Lights used to illuminate a private recreational facility shall be so arranged and shaded as
to reflect light away from adjoining premises and public streets.
(6) The facility shall be closed for operation from 11:00 p.m. to 7:00 a.m.
J. Country club.
(1) A lot area of not less than sixty (60) acres shall be required.
(2) No building shall be closer than one hundred (100) feet to any lot line.
K. Private club.
(1) It shall be for members and their authorized guests only.
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(2) It shall provide safe and adequate traffic flow.
(3) No outdoor active recreation area shall be located nearer to any lot line than one hundred
(100) feet.
(4) It shall provide sufficient screening so as to protect the neighborhood from inappropriate
noise and other disturbance.
(5) It shall provide fencing to control pedestrian ingress and egress.
L. Emergency service and municipal facility.
(1) It shall provide safe and adequate traffic flow.
(2) It shall prohibit glare due to site lighting.
(3) It shall provide sufficient screening to protect the neighborhood from inappropriate noise
and other disturbance.
(4) The foregoing provisions of § 212-1904.L. shall not apply to any building, facility or
street of or in the Borough of Franklin Park, or extension thereof, or to the use of any
premises by the Borough or by any agency of the Borough if, at any time hereafter, the
Borough Council shall decide that such building, facility, street or extension thereof or
that such use of any premises is reasonably necessary for the convenience or welfare of
the public.
M. Halfway house.
(1) Whenever a party or parties seeks to occupy a dwelling or other building as a halfway
house, the party or parties shall file a detailed statement of intent with the Borough
describing the proposed use of the dwelling or building; such statement shall detail the
proposed number and nature of the anticipated occupants to Franklin Park Borough. The
party or parties shall obtain a license or certification from the Commonwealth of
Pennsylvania or Allegheny County prior to issuance of an occupancy permit. If an
appropriate licensing or certifying agency does not exist, the applicant shall demonstrate
to the Borough Council that the proposal satisfies a demonstrative need and shall be
conducted in a responsible manner.
(2) A halfway house shall be initially licensed, where it has met the requirements set forth by
the Borough, through December 31 of the year in which the license is issued. For each
year thereafter if the adult halfway house intends to continue its business, it must renew
its license. The application for renewal is due to Franklin Park Borough no later than
November 1 of the year proceeding the year in which the license renewal is sought. The
lack of a license or the failure to seek license renewal on a timely basis shall be a proper
basis for the Borough to deny or revoke an occupancy permit for the halfway house.
§ 212-1905. Retail and Consumer Service Use Regulations.
The following retail and consumer service uses are permitted where indicated in § 212-404,
subject to the district requirements and any other applicable requirements of the Borough's
ordinances. All commercial trash containers or dumpsters stored on the outside lot shall be
screened so that the container or dumpster is not visible by adjacent property owners. The
containers or dumpsters shall be composed of durable materials and shall be complementary to
the design of the building or surrounding development.
A. Convenience store.
(1) All products produced on the premises are sold on the premises at retail.
(2) It shall provide adequate and safe ingress and egress.
(3) Within the M1 District, the following additional conditions shall be met:
a. Buffering requirements shall be met when the convenience store is situated adjacent
to residential use(s).
b. Minimum lot size shall be twenty thousand (20,000) square feet.
(4) Gross building area shall not exceed three thousand (3,000) square feet.
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(5) Convenience stores selling gasoline must comply with gasoline service station
requirements.
B. Eating place and eating place with drive-through facility.
(1) Lane length for customers awaiting service shall be a minimum of one hundred (100) feet
in length.
(2) There shall be one (1) off-street parking space for every two (2) seats or one (1) off-street
parking space for every one hundred (100) square feet of gross floor area, whichever
requires the greater number of off-street parking spaces, plus one (1) additional space for
each employee on the largest shift.
C. Funeral home or mortuary.
(1) It shall provide safe and adequate traffic flow.
(2) It shall provide for safe assembly of the funeral cortege.
D. Motel or hotel.
(1) It shall provide safe and adequate traffic flow.
(2) It shall provide on-site capacity for loading and unloading.
(3) Restaurants and taverns are permitted within a hotel or motel establishment, as an
accessory use.
E. Entertainment facility.
(1) It shall provide safe and adequate traffic flow standards.
(2) It shall not conduct business between the hours of 12:30 a.m. and 9:00 a.m. at locations
within five hundred (500) feet of residential district boundaries.
F. Veterinary Facility.
(1) In no event shall animal kennels be allowed as a principal use.
(2) No kennels which are not fully enclosed shall be located within two hundred (200) feet of
a lot line. In the M2 and M3 Districts, all activities shall be within an enclosed building.
G. Automotive service station.
(1) A lot shall provide a minimum of two hundred (200) feet along each street which abuts
the lot.
(2) All activities except those to be performed at the fuel pumps shall be performed within a
completely enclosed building.
(3) Fuel pumps shall be at least twenty-five (25) feet from any street right-of-way.
(4) All automobile parts and similar articles shall be stored within a building.
(5) Lubrication, oil changes, tire changes and repairs are permitted if entirely within a
building.
H. Automobile sales.
(1) Within the M2 District, all sales merchandise which is not within an enclosed structure,
and additional equipment, shall be located outside of required yards as described in §
212-405.
I. Vehicular repair and inspection.
(1) All repair and paint work shall be performed within an enclosed building.
(2) Within the M2 District, all new and scrap parts shall be within an enclosed structure. All
vehicles awaiting repair shall be stored inside a building overnight.
J. Truck sales.
(1) Within the M2 District, all sales merchandise which is not within an enclosed structure,
and additional equipment, shall be located outside of required yards as described in §
212-405.
K. Vehicular accessories sales.
(1) Installations of parts shall be in an enclosed structure.
L. Public parking lot or garage.
(1) No sale, rental, service or repair operations of vehicles shall be performed.
(2) The parking or storage of trucks or trailers shall not be permitted.
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(3) All parking areas shall meet the design standards of Article 2200 of this Chapter.
(4) Safe and adequate traffic flow is provided.
(5) Glare due to site lighting is prohibited.
M. Public utility building.
(1) Installation is essential to service such residential areas.
(2) No public business office is operated in connection with it.
(3) A twenty-five (25) foot buffer yard shall be provided along all lot lines.
(4) A sewage treatment facility is prohibited in residential districts.
(5) Transmission or relay towers are prohibited in residential districts.
(6) Screening shall comply as stated in Article 2000 of this Chapter.
(7) There shall be two (2) off-street parking spaces, plus one (1) off-street parking space for
each employee normally in attendance at the facility at any time.
N. Public solid waste disposal facility. Such a site can be established as a conditional use within
the R1 district. Establishment of a site shall be in accordance with County and State
regulations, including prohibition relating to storing and/or disposal of hazardous wastes as
specified in the latest regulations of the Department of Environmental Protection (DEP)
Rules and Regulations.
O. Adult bookstore/video store, adult theater or adult live theater.
(1) The site shall have frontage on and direct access to an arterial or collector street, as
defined herein.
(2) No adult bookstore/video store, adult theater or adult live theater shall be located within
four hundred (400) feet of any property which is zoned residential.
(3) No adult bookstore/video store, adult theater or adult live theater shall be located within
five hundred (500) feet of any other existing or proposed adult bookstore/video store,
adult theater or live adult theater.
(4) No adult bookstore/video store, adult theater or adult live theater shall be located within
five hundred (500) feet of any school, day-care/preschool, hospital, nursing home, group
home, group care facility, recreational facility, park, place of worship or establishment
which is licensed to serve and/or sell alcoholic beverages.
(5) Persons or owners who intend to operate an adult bookstore/video store, adult theater or
adult live theater shall obtain a license to operate from the Borough and shall pay a five
hundred dollar ($500) investigation fee to the Borough. In addition, such persons or
owners shall supply to the Borough detailed information regarding the ownership and
financing of the proposed business and proposed hours of operation as required on the
licensing application. Applications for licensing shall be filed with the Borough Zoning
Officer.
(6) An adult bookstore/video store, adult theater or live adult theater shall be initially
licensed when it has met the requirements of this section. The license shall be valid
through December 31 of the year in which the license is initially issued. For each year
thereafter that the business intends to continue, the owner or operator shall seek a renewal
of the license. The application for renewal shall be submitted to the Borough Zoning
Officer by November 1 of the year preceding the year for which the license renewal is
sought. The lack of a license or failure to renew such license in a timely fashion shall be
grounds for the Borough to deny or revoke an occupancy permit for an adult
bookstore/video store, adult theater or adult live theater.
(7) Borough Council shall determine reasonable hours of operation so as to protect the
citizens of the Borough from any deleterious secondary effects of these establishments.
P. Telecommunications towers.
(1) Approval and permits shall be secured from the Allegheny County Airport zoning
administrator and any other required regulatory agency.
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(2) The applicant shall submit evidence that the tower and its method of installation has been
designed by registered engineers to be structurally sound and able to withstand wind and
other loads in accordance with the requirements of Chapter 99, Building Construction.
(3) No sign or other structures shall be mounted on the tower, except as may be required or
approved by the Federal Communications Commission (FCC), Federal Aviation
Administration (FAA) or other governmental agencies.
(4) All lighting, other than that required by the FAA, shall be shielded and reflected away
from adjoining properties.
(5) All telecommunication towers shall be set back from any residential property line or
public street right-of-way a minimum distance of two hundred (200) feet.
(6) A six (6) foot high chain-linked fence or similar security fence is required around the
tower when it would be accessible to the public.
Q. Car wash.
(1) Washing operations shall take place in an enclosed building; except for one (1) outside
washing bay.
(2) All driveway and waiting areas shall be paved with a permanent surface and edged with a
curb where it abuts grassed areas. Paved areas shall be sloped to an acceptable storm
drainage system in accordance with the provisions of the Storm Water Management
Ordinance. Areas of the lot that are not paved shall be landscaped and maintained.
(3) Access shall be limited to two (2) driveways and one additional driveway on a second
street where the lot abuts the second street, such driveways shall not exceed thirty-five
(35) feet wide at the lot line. No driveway shall be located within seventy-five (75) feet
of any street intersection, measured from the point of crossing of intersecting street rightof-way
lines abutting the lot and the edge of the driveway nearest the intersection.
R. Shopping Center, a neighborhood or community shopping facility which is preplanned and
designed as a complex of related structures and circulation patterns, subject to the following
additional criteria:
(1) Shopping centers shall have a minimum site area of five acres.
(2) Not more than 20% of the total lot area shall be occupied by buildings.
(3) Uses under §§ 212-27C, 212-28A and B and 212-29A, B, C, D, E, G, K, L, S and T shall
be permitted.
(4) Any use of the same general character as any of the above permitted uses shall be
permitted upon approval by the governing body as specified in § 212-1804.
(5) Signs are permitted when erected and maintained in accordance with the provisions of
Article 2300. In addition to signs permitted in Article 2300 for individual establishments,
one freestanding sign indicating the name of the shopping center shall be permitted,
provided that the area on any one side of any such sign shall not exceed 75 square feet,
and the location of such sign shall be as designated on or in connection with the required
development plan.
(6) The proposed development shall be constructed in accordance with an overall plan and
shall be designed as a single architectural unit with appropriate landscaping.
(7) Outdoor storage and displays shall conform to the provisions of § 212-404G.
(8) The distance at the closest point between any two buildings or groups of units of attached
buildings shall not be less than 20 feet.
(9) The proposed development shall be served by adequate water and public sewage disposal
facilities, the adequacy of which shall be demonstrated and guaranteed.
(10) Lighting facilities shall be provided and arranged in a manner which will protect the
highway and neighboring properties from any direct glare or hazardous interference of
any kind.
(11) Vehicular access to a shopping center shall not be permitted through a residential area and
shall occur from a collector street in areas where shopping centers are a permitted use.
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§ 212-1906. Industrial Use Regulations.
The following industrial uses are permitted where indicated in § 212-404., subject to the district
requirements and any other applicable requirements of the Borough's ordinances.
A. Manufacturing.
(1) Within the M3 District, manufacturing shall be limited to food products, musical and
small precision instruments, electrical appliances, metal products of a light nature,
including heating and ventilating ducts and equipment, hardware and cutlery and other
similar products, manufacturing or assembly of electrical appliances and other uses of a
similar and no more objectionable character to those principal uses permitted.
B. Contracting.
(1) Outdoor storage shall be permitted only in the M3 District.
C. Crafts.
(1) Outdoor storage shall be permitted only in the M3 District.
D. Vehicle salvage yard.
(1) Any outdoor display of vehicles shall be at least fifty (50) feet from any street right-ofway.
(2) All lubricant and fuel-oil substances which are to be stored on the site shall be stored with
all necessary precautions taken to prevent their leakage and/or surface or subsurface
drainage into streams, creeks or other bodies of water. A plan detailing how these
materials will be stored in compliance with this requirement shall be submitted with the
application for a zoning certificate.
(3) All hazardous materials shall be stored in a safe manner and, where required, shall be in
receipt of a permit for such storage.
(4) Within the M3 District, all operations shall be within a high fenced area and meet the
buffering requirements of Article 2000 of this Chapter.
E. Industrial park.
(1) Industrial parks shall have a minimum site area of ten (10) acres.
(2) Not more than thirty-five percent (35%) of the total lot area shall be occupied by
buildings.
(3) All industrial uses permitted under § 212-404.F. shall be permitted.
(4) Any use of the same general character as any other permitted uses shall be permitted
upon approval by the governing body.
(5) Signs are permitted when erected and maintained in accordance with the provisions of §
212-2300. In addition to signs permitted in § 212-2300 for individual establishments, one
(1) freestanding sign indicating the name of the industrial park shall be permitted,
provided that the area on any one (1) side of any such sign shall not exceed seventy-five
(75) square feet, and the location and orientation of such sign shall be as designated on or
in connection with the required development plan.
(6) The proposed development shall be constructed in accordance with an overall plan and
shall be designed as a single architectural unit with appropriate landscaping.
(7) Outdoor storage and displays shall conform to the provision of § 212-1907.E.
(8) The distance at the closest point between any two (2) buildings or groups of units of
attached buildings shall not be less than twenty (20) feet.
(9) The proposed development shall be served by adequate water and public sewage disposal
facilities, the adequacy of which shall be demonstrated and guaranteed.
(10) Lighting facilities shall be provided and arranged in a manner which will protect the
highway and neighboring properties from any direct glare or hazardous interference of
any kind.
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(11) Vehicular access to an industrial park shall not be permitted through a residential area
and shall occur on one (1) of the collector streets in areas where industrial parks are a
permitted use.
F. Self-storage or warehouse.
(1) The minimum site area shall be three (3) acres.
(2) The site shall have direct vehicular access to an arterial or collector road, as defined by
this Chapter and such access shall not be through a street on which the current use of the
majority of the lots fronting on the street is single-family dwelling.
(3) Vehicular access to the site shall be limited to one (1) two-way or two (2) one-way
driveways from each arterial or collector street on which the site has frontage and which
meets the requirements of subsection F(2) above.
(4) All one-way driveways shall have a minimum of one (1) ten (10) foot parking lane, plus
one (1) fifteen (15) foot travel lane.
(5) All two-way driveways shall provide a minimum of one (1) ten (10) foot parking lane
plus two (2) twelve (12) foot travel lanes. Parking lanes shall be eliminated where the
driveway does not serve storage units.
(6) All interior driveways shall be paved with an impervious surface sufficient for the loads
the driveways are expected to bear.
(7) Buffer areas shall be provided in accordance with the requirements of § 212-2000 of this
Chapter along the property lines which adjoin residential use or zoning classification.
(8) The perimeter of the site shall be fenced with a minimum eight (8)-foot fence with a selflatching
gate. The fence shall be supplemented with screening material which creates a
visual barrier that is at least eighty percent (80%) opaque.
(9) Maximum building height shall be twenty (20) feet.
(10) The minimum distance from the face of any storage building to the face of any adjacent
storage building shall be twenty-eight (28) feet for storage units which are less than
fifteen (15) feet in depth and forty-two (42) feet for storage units which are more than
fifteen (15) feet in depth.
(11) The minimum distance from the end of any storage building to the end of any adjacent
storage building shall be twenty (20) feet.
(12) The maximum size of any storage building shall be two hundred (200) feet in length and
forty (40) feet in width. .
(13) The maximum size of any storage unit shall be fourteen (14) feet wide, with a maximum
depth of forty (40) feet,and a maximum height of no more than twenty (20) feet. If
storage units are placed back-to-back within the allowable building size under Section
212-1906 F12, the maximum depth of the storage unit shall not exceed forty (40) feet.
(14) Maximum lot coverage by all buildings shall be forty percent (40%).
(15) Office space shall be provided which shall not exceed five percent (5%) of the total floor
area devoted to storage.
(16) No storage shall take place outside of an enclosed building.
(17) Storage units shall not be equipped with water or sanitary sewer service.
(18) No business activity other than rental of storage units shall be conducted on the premises.
(19) Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing
debris and dust shall not be created.
(20) Exterior finishes of the storage units shall be compatible with the character of
development on adjoining properties.
(21) The design of the storage buildings shall be sealed by a Pennsylvania registered architect.
(22) No signs shall be placed on the buildings or on their rooftops.
(23) One (1) freestanding business identification sign shall be permitted which complies with
the requirements of Article 2300 of this Chapter for the zoning district in which the use is
located.
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(24) No hazardous materials or substances shall be permitted to be stored in the storage
buildings other than those permitted by Chapter 95, Building Construction, and Chapter
122, Fire Prevention. Both the landlord and the tenants of the storage buildings shall be
responsible for the prevention of the storage of hazardous materials or substances in the
storage building that would be beyond the allowance of Chapter 95, Building
Construction, and Chapter 122, Fire Prevention.
(25) A minimum of one (1) fire hydrant shall be provided on the site subject to the approval of
the number and location of hydrants by the Borough fire marshal.
(26) The facility shall comply with all local fire codes.
§ 212-1907. Accessory Use Regulations.
The following accessory uses are permitted where indicated in § 212-404., subject to the district
requirements and any other applicable requirements of the Borough's ordinances.
A. Home occupation.
(1) A home occupation includes but shall not be limited to the following uses:
a. Teaching of not more than four (4) pupils simultaneously or, in the case of musical
instruction, not more than two (2) pupils at a time.
b. An art studio.
c. Seamstress, handicrafts or other like activity.
d. Barbershop and beauty parlor, limited to serving two (2) patrons at a time.
e. A greenhouse.
f. The office of a realtor, insurance salesman, physician, lawyer, clergyman, teacher or
other like profession.
(2) Home occupation restrictions:
a. The home occupation shall be carried on wholly indoors and within a dwelling or
other structure accessory thereto. If carried on as in accessory structure, the minimum
lot area shall be two (2) acres.
b. There shall be no use of show windows or display or advertising visible outside the
premises to attract customers or clients other than as permitted in Article 2300 of this
Chapter.
c. There shall be no exterior storage of materials.
d. No articles shall be sold or offered on the premises for sale except such as shall be
produced on the premises.
e. Frequent and repetitive servicing by commercial vehicles for supplies and materials
shall not be permitted.
f. The floor area denoted to a home occupation shall not be more than twenty-five
percent (25%) of the ground floor area of the principal residential structure,
excluding garage.
g. In addition to any family member residing at the address, a home occupation shall not
have more than two (2) employees, assistants, or associates.
h. No external alterations shall be made which involve construction features not
customary to dwellings.
B. No-impact home based business.
No-impact home based businesses are permitted by right in all residential Zoning Districts as
long as the business or commercial activity satisfies the following requirements:
(1) The business activity shall be compatible with the residential use of the property and
surrounding residential uses.
(2) The business shall employ no employees other than family members residing in the
dwelling.
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(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a
substantial nature.
(4) There shall be no outside appearance of a business use, including but not limited to,
parking, signs or lights, except that the name of the business may be indicated on the
residence mailbox, as long as the mailbox sign does not exceed one (1) square foot in
area.
(5) The business activity may not use any equipment or process which creates noise,
vibration, glare, fumes, odors or electrical or electronic interference, including
interference with radio or television reception, which is detectable in a neighborhood.
(6) The business activity may not generate any solid wastes or sewage discharge in volume
or type which is not normally associated with residential use in the neighborhood.
(7) The business activity shall be conducted only within the dwelling and may not occupy
more than twenty-five (25%) percent of the gross floor area.
(8) The business may not involve any illegal activity.
C. Residential accessory uses, buildings, or structures.
(1) An accessory building shall not exceed one thousand (1,000) square feet in the R-1 and
R-2 districts and six hundred (600) square feet in any district other than R-1 and R-2
unless granted approval by the Borough Council as a conditional use.
(2) Residential accessory structure or use, including but not limited to:
a. Parking spaces for the parking of passenger automobiles and the parking of
commercial vehicles, not exceeding Class IV loading capacity as defined by PA
Department of Transportation vehicle weight class requirements.
b. Structures such as fences and walls.
c. Buildings such as storage sheds, bathhouses and private greenhouses and farm
buildings when relating to a farming activity.
d. Facilities for domestic servants or caretakers employed on the premises and for
occasional gratuitous guests.
e. Recreational facilities such as tennis courts, paddle tennis platforms and swimming
pools. (Lighting for such facilities shall be such that glare is prohibited off-site.)
f. Satellite receiving dishes.
(3) Accessory structures are not permitted in required front yards nor on or attached to roofs.
(4) All such facilities will be situated within required setback lines.
(5) The maximum height for residential accessory buildings and structures six hundred (600)
square feet or less shall be fifteen (15) feet.
(6) The maximum height for residential accessory buildings and structures larger than six
hundred (600) square feet shall be twenty (20) feet.
D. Commercial accessory uses, buildings, or structures.
(1) Parking shall conform to the requirements of the most closely related use in § 212-2200.
E. Outdoor storage or display.
(1) Outside storage or display, other than storage as a primary use of the land, necessary but
incidental to the normal operation of a primary use, subject to the following additional
provisions:
a. No part of the street right-of-way, no sidewalks or other areas intended or designed
for pedestrian use and no required parking areas shall be occupied by outside storage
or display.
b. Outside storage and display areas shall occupy an area of less than one half (1/2) the
existing building coverage.
c. Outside storage and display areas shall be screened from view from the public streets
and adjacent lots.
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(2) Uses requiring more substantial amounts of land area for storage or display shall be
exempt from the provisions of § 212-1907.E.(1)b. and § 212-1907.E.(1)b. when granted
as a conditional use. Such uses shall be subject to the following additional provisions:
a. In particular, uses appropriate for consideration under this provision include, but are
not limited to, nurseries, lumberyards, automobile sales, truck sales, and truck
terminals.
b. Among the uses that shall not be considered appropriate for inclusion under this
provision are retail stores, repair shops, gasoline service stations, vehicle repair and
inspection, wholesale business and storage, contractors' offices and shops, and crafts.
F. Temporary structure or uses. A temporary permit shall be issued for structures or uses
necessary during construction or other special circumstances of a nonrecurring nature, subject
to the following additional provisions:
(1) The time period of the initial permit shall be six (6) months. This permit shall be renewed
for two (2) month time periods.
(2) Temporary structures or uses shall be subject to authorization by the Zoning Officer.
(3) Such structure or use shall be removed completely upon expiration of the permit, without
cost to the municipality.
G. Private Swimming pool. No private swimming pool shall be allowed in any district except as
an accessory use and shall comply with the following conditions and requirements:
(1) The pool is intended and is to be used solely for the health and enjoyment of the
occupants of the principal use of the property on which it is located and their friends and
guests.
(2) Since a pool is classified as an accessory use, the pool, including walks, paved areas,
fences, bathhouse, pump house and similar structures, shall not be located closer to any
other lot line than those distances specified as minimum rear and side yard requirements
listed in § 212-501. and § 212-502.
H. Solar, Wind or Geothermal Energy Facility.
(1) Borough Conditional Use approval is required for the construction of any solar,
wind or geothermal energy facility that is an accessory use on any site or lot. The
Conditional Use Application shall include all relevant information including the
manufacturer’s installation standards and a drawing depicting the location and
layout of the proposed facility on the property, including the percentage of roof
coverage, if the facility is mounted on a building.
(2) The applicant shall demonstrate through project planning and proposed
mitigation that a proposed facility’s impacts will be minimized for surrounding
properties and the community. This may include, but not be limited to,
information regarding site selection, facility design or appearance, buffering, and
screening of ground mounted electrical control equipment.
(3) Noise from any solar, wind or geothermal energy facility shall not exceed thirtyfive
(35) decibels at the lot line, unless all affected adjacent property owners shall
have executed a non-disturbance easement, covenant, or consent which has been
recorded in the Department of Real Estate of Allegheny County.
(4) Construction of any energy facility shall comply with all applicable rules, laws
and regulations of the United States Federal Aviation Administration, and
documentation of compliance shall be provided to Borough.
(5) To the extent applicable, all energy facilities shall comply with the Pennsylvania
Uniform Construction Code and regulations promulgated by the Pennsylvania
Department of Labor and Industry.
(6) Energy facilities shall not display advertising, except for reasonable identification
nameplate of the facility manufacturer not greater than one square foot in size.
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(7) Transmission and power lines shall be placed underground or shall be screened
from sight.
(8) Where installed on the roof of a building, no solar energy facility shall be
installed so that more than 75% of roof area is covered by the facility.
(9) Any solar energy facility installed on a roof of a building shall comply with the
height requirements of the zoning district in which the property is located.
(10) No solar, wind or geothermal energy facility may exceed 30% of the total lot and
in no case shall exceed the maximum lot coverage for the district in which the
property is located.
(11) Solar, wind or geothermal energy facilities shall meet the accessory structure
setbacks that may apply in the zoning district in which the facility is constructed
and where no such setback is specified, the facility shall be no closer than fifteen
(15) feet from any property line.
(12) No facility shall be installed closer than ten (10) feet to a swimming pool or other
open body of water.
(13) No solar facility shall exceed the height of a building’s roof, at any point, by
more than eighteen (18) inches.
(14) Wind Turbine Yard and Setbacks Requirements:
a. In any zoning district, wind turbines are allowed as an accessory use only to
the principle structure.
b. Minimum lot area for wind turbines shall be two (2) acres.
c. Minimum vertical clearance between ground level and the lowest moveable
component of the wind turbine when at its lowest point is fifteen (15) feet.
d. The color shall be a neutral and non-reflective tone, such as white, off-white
or gray. The wind turbine coloring shall be solid and any alphabetical or
numerical characters shall be representative of the facility manufacturer only
and shall comprise no more than one square foot in size.
e. A wind turbine may exceed the maximum height requirements of this chapter
provided that if the wind turbine would have a setback from lot lines of less
than its total height, the applicant shall provide a written certification from a
professional engineer stating that the construction of the wind turbine will not
create a hazard to neighboring properties or traffic as a result of severe
weather conditions and any reasonably expected corrosion over time.
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ARTICLE 2000. Buffering and Landscaping
§ 212-2001. Purpose and Intent.
The purpose of this Article is to promote a positive image for the Borough: to improve the
physical appearance and environmental quality of the community; to protect property values; to
abate noise, glare, dust and heat; to help air purification, oxygen regeneration, ground-water
recharge, storm water runoff retardation and erosion control. This Article recognizes the
important and diverse benefits that landscaping provides in terms of protecting the health, safety,
and general welfare of the community, and implementing the Borough’s Comprehensive Plan.
§ 212-2002. Use of this Article.
A. This Article contains the standards that govern the amount, size, type, installation and
maintenance of required landscaping.
B. Applicability. This Article shall apply to all public and private non-residential development
projects, as well as private residential developments, but shall not be applicable to individual
private residential lots.
C. Landscaping areas. This Article is oriented to specific areas of required landscaping. The
requirements described in this Article are cumulative in nature and are required in the
following landscaping areas:
(1) around building foundations (§ 212-2007);
(2) along street frontages (§ 212-2008);
(3) in or around paved areas (§ 212-2009);
(4) in developed lots (§ 212-2010);
(5) in permanently protected green space areas (§ 212-2011); and
(6) in bufferyards (§ 212-2012).
D. In each instance, a landscaping point concept is used to provide a maximum amount of
flexibility in terms of the selection of plant materials. Section 212-2013 provides a list of
example plant species that fit into the apex tree, tall deciduous tree, medium deciduous tree,
low deciduous tree, tall evergreen tree, medium evergreen tree, low evergreen tree, tall
deciduous shrub, medium deciduous shrub, low deciduous shrub, medium evergreen shrub,
low evergreen shrub, and non-contributory plants categories used by this Article.
§ 212-2003. Landscaping Points, Landscaping Measurements and Landscaping Placement.
A. All landscaping requirements are stated in terms of landscaping points. The required number
of landscaping points is dependent upon the type of land use, the zoning district, and the size
of the development. A different number of points are awarded for each plant, depending upon
its typical growth rate, its mature height, and whether it is a deciduous or evergreen species.
A minimum size is required for each of these plant categories. These requirements are
described in §212-2004.
B. Landscaping points required in each landscaping area (see § 212-2002.C) must be satisfied by
the developer installing planting materials within the same landscaping area. For example,
landscaping points required for the “building foundation” standards in Table 20-2 (§212-
2006.A) shall be satisfied by plantings within the “building foundation” area described in
Table 20-2 (§212-2006.A).
C. In areas where two (2) or more landscaping areas overlap, each plant shall only be used to
satisfy the requirements of one (1) landscaping area. For example, plants used to satisfy the
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“paved areas” requirements cannot be used toward satisfying the “building foundation”
requirements if these areas overlap.
§ 212-2004. Landscaping Points and Minimum Sizes.
Table 20-1: Landscaping Points and Minimum Plant Sizes.
Landscaping Points per
Plant Category
Plant Minimum Permitted Size
Apex Tree 40 3" caliper
Tall Deciduous Tree 15 1.5" caliper
Medium Deciduous Tree 8 6' tall
Low Deciduous Tree 5 4' tall
Tall Evergreen Tree 20 5' tall
Medium Evergreen Tree 10 4' tall
Low Evergreen Tree 6 3' tall
Tall Deciduous Shrub 3 36" tall
Medium Deciduous Shrub 2 24" tall
Low Deciduous Shrub 1 18" tall
Medium Evergreen Shrub 3 18" tall/wide
Low Evergreen Shrub 2 12" tall/wide
Non-contributory Plants 0.5 n/a
§ 212-2005. Examples of Landscaping and Buffering.
Figures 20-1 through 20-5, shown on the following pages, depict sample landscaping schemes
(alternatives A, B, C, D, and E) that may be used for building foundations, developed lots, paved
areas, and bufferyards. In general, landscaping schemes similar to alternative A are best for
building foundations, landscaping schemes similar to alternative B are best for developed lots,
landscaping schemes similar to alternative C are best for street frontages, landscaping schemes
similar to alternative D are best for paved areas (including parking lots, walkways and plazas),
and landscaping schemes similar to alternative E are best for bufferyards. A detailed listing of
which plant species fit each plant type is provided in §212-2013.
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Figure 20-1: Alternative A.
Figure 20-2: Alternative B.
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Figure 20-3: Alternative C.
Figure 20-4: Alternative D.
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Figure 20-5: Alternative E.
§ 212-2006. Landscaping Requirements and Measurement.
A. The landscaping requirements for the “building foundation”, “street frontage”, “paved area”,
and “developed lot” landscaping areas are included in Table 20-2:
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Table 20-2: Landscaping Requirements
Zoning Districts
Types of Landscaping
Placement of Landscaping
Calculation of Landscaping Points
Landscaping Area
Building Foundation Street Frontages Paved Areas Developed Lots
Apex trees and tall See the Borough of A minimum of 30% of All plant categories
trees shall not be used Franklin Park Street points shall be devoted can be used to meet
to meet this
Tree Landscaping to apex or tall trees; this requirement
requirement
Design Ordinance and a minimum of
(No. 503-01) 40% of points shall be
devoted to shrubs
Located to ensure that
at maturity the plant's
dripline is located
within 10' of building
foundation
Points per 100' of
building foundation
See the Borough of
Franklin Park Street
Tree Landscaping
Design Ordinance
(No. 503-01)
116
Within paved area or
within 10' of the paved
area
Greater of: points per
20 parking stalls or
points per 10,000 sq.
ft. of paved area
Located away from
areas that meet other
landscaping
requirements (i.e.
building foundation,
street frontage, paved
areas)
Points per 1,000 sq. ft.
of building footprint
R-1 20 40 10
R-2 40 80 20
R-3 45 90 20
R-4 50 100 20
M-1 45 80 20
M-2 20 40 5
M-3 40 80 10

B. A minimum amount of landscaping points per landscaping area, based upon the zoning district, is
calculated using:
(1) The linear feet of building foundation perimeter;
(2) The gross floor area of buildings on developed lots; and
(3) The total combined area of paved areas.
Figure 20-6 illustrates the measurements and formulas used to determine these requirements:
Figure 20-6: Illustrated Measurements for Landscaping Requirement Formulas.
Landscaping Calculation Equations for this Example:
Paved Areas = (P1 x P2) + (P3 x P4) + (P5 x P6)
Building Foundation Perimeter = F1 + F2 + F3 + F4
Gross Floor Area = B1 x B2
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§ 212-2007. Landscaping Requirements: Building Foundations.
A. This section requires that certain buildings or building additions, constructed after the effective date
of this Article be accented by a minimum amount of landscaping placed near the building foundation.
B. Landscaping required by this Article shall be placed so that at maturity, the plant's drip line is located
within ten (10) feet of the building foundation. Such landscaping shall not be located in those areas
required for street frontages, paved areas, or bufferyards. See §212-2005 for a suggested scheme.
C. For each one hundred (100) feet of building foundation perimeter, a specific number of landscaping
points (per Table 20-2 in § 212-2006.A.) shall be provided on a prorated basis, and installed and
permanently maintained per the requirements of §212-2014.
D. Apex trees and tall trees shall not be used to meet this requirement. The intent of this Article is to
require a visual break in the mass of buildings and to require a visual screen of a minimum of six (6)
feet in height for all exterior perimeter appurtenances (such as HVAC/utility boxes, standpipes,
stormwater discharge pipes and other pipes).
E. Where the site plan depicts a future building extension, the foundation landscaping requirement shall
be calculated by measuring the length of the total perimeter. However, foundation plantings need only
be installed based on the landscape points calculated from the portions of the building perimeter that
will not be affected by building extension. If this results in point requirements that are not met
through the initial planting, then said requirement shall be met within five (5) years of building permit
issuance, or as extended in writing by the Planning Commission.
F. The Environmental Advisory Council or Planning Commission may recommend, and Borough
Council may approve, a modification in the applicable landscaping requirements where it determines
that greater or less landscaping is required to accomplish the purposes and intent of this Article.
§ 212-2008. Landscaping Requirements: Street Frontages.
A. Landscaping requirements for street frontages are detailed in Chapter 184-905 D (15). The
landscaping point system of this Article does not apply to street frontages.
B. The Borough encourages the use of berms in conjunction with the requirements of the Borough of
Franklin Park Street Tree Landscaping Design Ordinance.
§ 212-2009. Landscaping Requirements: Paved Areas.
A. This Article requires that paved areas on certain lots developed after the effective date of this Article
contain a minimum amount of landscaping within, or within ten (10) feet of, the paved area. The
intent is to require a continuous visual screen of parking areas from public rights-of-way at a
minimum height of forty (40) inches.
B. A minimum of three hundred sixty (360) square feet of landscaped area, which shall be located within
ten (10) feet of the paved area, is required for the placement of every one hundred (100) landscaping
points. Said area shall not be required to be provided in one (1) contiguous area. Sample
configurations are depicted in §212-2005. Plants used to fulfill this requirement shall visually screen
parking, loading and circulation areas from view from public streets.
C. For every twenty (20) off-street parking stalls or ten thousand (10,000) square feet of pavement
(whichever yields the greater landscaping requirement) located in a development, the following
number of landscaping points required in Table 20-2 in §212-2006.A shall be provided on a prorated
basis, and installed and maintained per the requirements of §212-2014. A minimum of thirty percent
(30%) of all points shall be devoted to apex and/or tall trees and a minimum of forty (40%) of all
points shall be devoted to shrubs.
D. Parking lot design shall employ interior landscaped islands with a minimum of four hundred (400)
square feet at all parking aisle ends, and in addition shall provide a minimum of one (1) landscaped
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island of a minimum of four hundred (400) square feet in each parking aisle for every twenty (20)
cars in that aisle. Aisle-end islands shall count toward meeting this requirement. Landscaped medians
shall be used to break large parking areas into distinct pods, with a maximum of one hundred (100)
spaces in any one (1) pod.
E. In their sole and reasonable discretion the Environmental Advisory Council or Planning Commission
may recommend a modification in, and Borough Council may modify, the applicable landscaping
requirements where it is determined that greater or less landscaping is required to accomplish the
purposes and intent of this Article.
§ 212-2010. Landscaping Requirements: Developed Lots.
A. This Article requires that certain lots developed after the effective date of this Article contain a
minimum amount of landscaping.
B. The following number of landscaping points required in Table 20-2 in §212-2006.A shall be provided
on a prorated basis for every one thousand (1,000) square feet of gross floor area, and installed and
maintained per the requirements of §212-2014.
C. The intent of this Article is to provide yard shade and to require a visual screen of a minimum of six
(6) feet in height for all detached exterior appurtenances (such as HVAC, utility boxes, standpipes,
stormwater discharge pipes and other pipes).
D. In their sole and reasonable discretion the Environmental Advisory Council or Planning Commission
may recommend a modification in, and Borough Council may modify, the applicable landscaping
requirements where it is determined that greater or less landscaping is required to accomplish the
purposes and intent of this Article.
§ 212-2011. Landscaping Requirements for Permanently Protected Open Green Spaces.
A. This Article requires that each acre of other permanently protected green space after the effective date
of this Article be planted with a minimum amount of landscaping.
B. For every one (1) acre of other permanently protected green space in a development, two hundred
(200) landscaping points (as described in §212-2004) shall be provided. In addition, adequate ground
cover shall be provided to stabilize the soil.
§ 212-2012. Landscaping Requirements for Bufferyards.
A. Purpose. This Article provides the landscaping and width requirements for bufferyards on lots
developed after the effective date of this Article. A bufferyard is a combination of distance and a
visual buffer or barrier. It includes an area, together with the combination of plantings, berms and
fencing that are required to eliminate or reduce existing or potential negative impacts. These negative
impacts can often occur between adjacent land uses. Such negative impacts are dirt, litter, noise, glare
of lights, signs, and incompatible land uses, buildings or parking areas.
B. Required locations for bufferyards. Bufferyards shall be located along (and within) the outer
perimeter of a lot wherever two (2) different uses abut one another. Bufferyards shall not be required
in front yards.
C. Determination of required bufferyard. The determination of bufferyard requirements is a two (2)stage
process. First, the required bufferyard type is determined using Table 20-3 (§212-2012.O.).
There are six (6) bufferyard types: A, B, C, D, E, and N. The required bufferyard type indicated by
Table 20-3 is directly related to the degree to which the proposed use and the adjacent use differs. The
provisions of this Article indicate the minimum requirements for bufferyards located along different
uses’ boundaries.
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(1) Identification of required bufferyard type. Table 20-3 shall be used to determine the required
bufferyard type. The required bufferyard type is determined by the value given in the cell of the
table at which the column heading along the top row of the table (representing the adjacent
property's use) intersects with the row heading along the left hand side of the table (representing
the subject property's proposed use). The value listed at the intersection is the required bufferyard
type for the subject property.
(2) Identification of detailed bufferyard requirements
a. If a proposed use adjoins a parcel for which a bufferyard is required, the proposed use shall
provide a bufferyard of the type indicated in Table 20-3.
b. There are six (6) types of bufferyards. Table 20-4 (§212-2012.O) shows the minimum width
and number of landscaping points required for each one hundred (100) linear feet for each
bufferyard type. The applicant may either plant new trees or plants or preserve existing trees
or plants within the required bufferyard that meet the requirements of this Article.
D. It shall be the goal of these regulations to achieve effective screening at a minimum of sixty percent
(60%) of the view from the adjoining property at a height five (5) feet above the ground line at
maturity.
E. The bufferyard shall be continuous along all property lines where it is required, except for points of
vehicular and pedestrian access. The provisions for a clear sight triangle at all street and driveway
intersections shall apply.
F. Structures shall not be permitted within the required bufferyard, except for an approved fence or wall.
G. Parking, loading, storage, vehicular circulation or any other use shall not be permitted in a required
bufferyard.
H. Slopes within the bufferyard shall be either:
(1) Natural, undisturbed slopes vegetated with mature indigenous species; or
(2) Cut or fill slopes in compliance with Chapter 124 Grading and planted in accordance with the
intent of this section.
I. Berms or mounding of soil may be utilized where screening value is enhanced, aesthetic benefit is
assured and the berm or mound slopes comply with Chapter 124 Grading.
J. Screen walls may be implemented as part of the bufferyard design and shall be in compliance with
existing height control regulations.
K. Wood fencing may be an option, provided that it is in compliance with existing height control
regulations and has a minimum opacity of sixty percent (60%).
L. Chain link fencing is prohibited.
M. Natural bufferyards:
(1) Applicability. In order to encourage the preservation of natural vegetation, the applicant may
substitute a Type N buffer consistent with Table 20-4 for any category required. Natural areas
with native vegetation may be used to meet any of the above bufferyard requirements if the
criteria of Table 20-4 are met.
(2) Bufferyard width reduction. The width of a bufferyard shall be reduced by twenty percent (20%)
when the criteria of §212-2012.M.(1) are met, provided that the minimum width shall be at least
ten (10) feet.
N. In their sole and reasonable discretion the Environmental Advisory Counil or Planning Commission
may recommend a modification in, and Borough Council may modify, the applicable landscaping
requirements where it is determined that greater or less landscaping is required to accomplish the
purposes and intent of this Article.
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O. Tables for required bufferyards:
Table 20-3: Required Bufferyard Types. (Use Table 20-3 in conjunction with Table 20-4)
Adjacent Use
Agricultural use Single-family Residential use Institutional and Office use Retail and Industrial use
(see § 212-404.A.) residence other than single- recreational uses (see § 212-404.D.) consumer use (see § 212-404.F.)
family (see § 212- (see § 212-404.C.)
(see § 212-404.E.)
Proposed Use
404.B.)
Agricultural use
(see § 212-404.A.)
- - - - - -
Single-family
residence
Residential use
- - - - - -
other than singlefamily
(see § 212-
404.B.)
Institutional and
A B C C D E
recreational uses
(see § 212-404.C.)
B C C B D E
Office use
(see § 212-404.D.)
Retail and
C D C B C D
consumer use
(see § 212-404.E.)
D D D D C D
Industrial use
(see § 212-404.F.)
E E E E D D
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Table 20-4: Detailed Bufferyard Requirements.
Buffer Yard Type
A
B
C
D
E
N
(Natural Resource Area)
A dash ("-") means "not applicable."
Minimum Landscaping Points Required for Each Plant Category
Trees Shrubs
Minimum
Width (feet) Apex 1 Tall Medium 2 Fence (F), Berm (B),
Low Tall Medium Low or Wall (W)
10 - 80 - 24 - - 48 -
10 - 80 - 24 - 40 - -
5 - 200 - 60 40 60 - -
15 - 80 - 24 30 40 18 -
15 - 80 - 48 45 40 - F or W
15 - 80 - 36 50 50 - F or W
25 - 80 - 48 45 40 - F or W
25 - 80 - 36 50 50 - B
30 - 80 - 48 70 20 16 F or W
30 - 80 - 36 60 40 16 B
20% reduction
of minimum
width if
greater than 10
feet wide
Any combination of trees or shrubs is acceptable where:
• The existing vegetation provides at least the number of equivalent
landscaping points required by this Table and Table 1 (Section 3);
or
• The existing vegetation provides complete visual screening from
the abutting property.
1: for the purposes of satisfying bufferyard requirements, one "apex tree" can be installed to satisfy up to 80 required "tall tree" landscaping points (this is essentially
substituting one "apex tree" for two "tall trees")
2: for the purposes of satisfying bufferyard requirements, one "medium tree" can be installed to satisfy up to 24 required "low tree" landscaping points (this is essentially
substituting one "medium tree" for two "low trees")
3: Developers may choose from either option (row) listed for each buffer yard type in meeting the total landscaping point requirement.
122
-

§ 212-2013. Classification of Plant Species.
A. For the purpose of this Article, plant materials are classified into twelve (12) groupings: apex
tree, tall deciduous tree, medium deciduous tree, low deciduous tree, tall evergreen tree, medium
evergreen tree, low evergreen tree, tall deciduous shrub, medium deciduous shrub, low
deciduous shrub, medium evergreen shrub, low evergreen shrub, and non-contributory plants.
The plants listed in Table 20-5 are examples of species that may be utilized to meet the
requirements of this Chapter. All plants must be deer resistant, disease resistant, and pest
resistant for the area. All plantings must be U.S. Zone 6 hardiness or hardier per the U.S.
Department of Agriculture’s Hardiness Zone Map.
B. The Borough’s Environmental Advisory Council may periodically publish a list of undesirable or
prohibited plants. Justification for placing a plant on this list must be provided and shall be
based on objective (i.e. Pennsylvania Department of Agriculture Directive, diseased, invasive,
etc.) criteria. Such a list shall be distributed to the Planning Commission and Borough Council
and shall become effective 30 days after the date of issuance, unless amended by Borough
Council.
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Table 20-5: Classification of Plants.
Plant Category Botanical Name Common Name
Acer saccharum Sugar Maple
Apex Tree
Ginkgo biloba (male) Ginko
Quercus sp. Oak: Red, White, Pin
Acer sp. Maple: Red
Fraxinus sp. White, Green
Tall Deciduous Tree Gleditsia triancanthos Honeylocust
Populus grandidentata Bigtooth Aspen
Tilia sp. Littleleaf, Redmond
Medium Deciduous Tree
Betula sp.
Prunus sp.
Birch: River, Paper
Cherry: Choke, Pin
Amelanchier sp. Serviceberry
Low Deciduous Tree
Crataegus sp. Hawthorn: Cockspur, Downy, Washington
Malus sp. Crabapple sp.
Abies concolor White Fir
Tall Evergreen Tree
Pinus sp. Pine: Red, White, Scots
Tsuga Canadensis Canada Hemlock
Medium Evergreen Tree Thuja occidentalis American Arborvitae
Low Evergreen Tree
Juniperus sp. Juniper:
Thuja sp.
Mountbatten, Redcedar
Arborvitae: Pyramidal, Techny
Cornus sp. Dogwood: Grey, Pagoda
Tall Deciduous Shrub
Syringa sp.
Viburnum sp.
Lilac: Chinese, Hyacinth
Viburnum: Arrowwood, Wayfaringtree,
Nannyberry
Corylus americana American Filbert, Hazelnut
Medium Deciduous Shrub
Cotoneaster sp.
Forsynthia sp
Cotoneaster
Forsythia: Border, Early, Weeping
Rosa sp. Rose: Virgina, Rugosa
Low Deciduous Shrub
Spiraea sp. Spirea: Froebel, Snowmound
Juniperus chinensis Juniper: Pfitzer
Medium Evergreen Shrub
Ilex sp. Holley
Taxus sp. Yew: Japanese
Low Evergreen Shrub Juniperus sp. Juniper: Sargent, Creeping, Andorra
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§ 212-2014. Requirements for Installation, Maintenance & Use of Landscaping and Bufferyard
Areas.
A. It shall be the intent of this Article to encourage the use of well chosen plant materials arranged
in a symbiotic relationship with the landscaped area and contributing to a pleasant visual
experience through the four seasons.
B. Installation.
(1) Any and all landscaping and bufferyard material required by the provisions of this Article
shall be installed on the subject property, in accordance with the approved site plan (see
§212-2016) within one (1) year of the issuance of an occupancy permit for any building on
the subject property. Landscaping and bufferyard material shall be guaranteed for a
minimum of two (2) years following installation.
(2) Surety.
If the subject property is to be occupied prior to the installation of all required landscaping
and bufferyard material, the property owner shall sign an agreement stating the intent to
install the landscaping within the one (1) year period. This agreement shall also contain a
statement indicating that there are fines associated with not complying with this agreement
per the enforcement provisions of this Chapter.
(3) As part of the review of the proposed landscaping and bufferyard plan the Environmental
Advisory Council and Planning Commission shall consider recommending the preservation
and utilization of existing plant material to satisfy all or part of the landscaping and
bufferyard requirements. Existing plant material which meets the requirements of §212-2003
through §212-2006 and which will be preserved on the subject property following the
completion of development, may be counted as contributing to the landscaping
requirements.
C. The following specifications shall be met for plantings in required landscaping areas:
(1) All plant materials shall comply with the standards of the plant industry issued as document
ANSI Z60 by the American Association of Nurserymen, or its successor document(s).
(2) Utilization of other horticultural selections which enhance the required plantings may be
considered. These plant materials may include annuals and perennials, including ornamental
grasses.
(3) Turfgrass, groundcovers and mulches are acceptable for the prevention of erosion and
foreground enrichment.
(4) Crown Vetch shall not be considered a groundcover of choice. Where its invasive qualities
can be demonstrated to be not in conflict with the required landscaping area plantings and its
required maintenance program, the Planning Commission may recommend that its use be
authorize by Council.
D. The exact placement of required plants and structures shall be depicted on the required detailed
landscaping plan and shall be the decision of each property owner within the requirements of
this Article, except that the following requirements shall be met:
(1) Evergreen shrubs shall be planted in a manner that will maximize their chance for survival.
(2) Where a combination of plant materials, and/or berming and/or fencing is used in a
bufferyard, the fence and/or berm shall be located toward the interior of the subject property
and the plant material shall be located toward the exterior of the subject property.
(3) A property owner may establish through a written agreement, recorded with the Allegheny
County Department of Real Estate, that an adjacent property owner shall agree to provide a
partial or full portion of the required bufferyard on an immediately adjacent portion of their
land, thereby exempting the developer from providing all or a portion of the bufferyard on
his property.
(4) Landscaping or bufferyard materials shall not be selected and/or located in a manner that
results in the creation of a safety or visibility hazard.
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E. Maintenance. The continued and continual maintenance of all required landscaping and
bufferyard materials shall be a requirement of this Article and shall be the responsibility of the
owner of the property on which said materials are required. The area shall be kept free of debris,
rubbish, weeds and unkempt turfgrass. Dead plant material is to be replaced within thirty (30)
days of its failure to survive or if, out of normal planting time, the following season. This
requirement shall run with the property and is binding upon all future property owners.
Development of any and all property following the effective date of this Chapter shall constitute
an agreement by the property owner to comply with the provisions of this Article. Failure to
comply with this requirement shall be considered a violation of this Article, and shall be subject
to any and all applicable enforcement procedures and penalties per the enforcement provisions
of this Chapter.
F. Use of required bufferyard and landscaping areas. Any and all required bufferyards or
landscaping areas may be used for passive recreation activities. Said areas may contain
pedestrian, bike or equestrian trails; provided, that no required material is eliminated, the total
width of the required bufferyard, or the total area of required landscaping is maintained, and all
other regulations of this Article are met. In no event, however, shall swimming pools, tennis
courts, sports fields, golf courses, or other such active recreation uses be permitted in such areas.
Furthermore, in no instance shall any parking be permitted in such areas, nor shall any outdoor
display or storage of materials be permitted in such areas. Paving in such areas shall be limited
to that required for necessary access to, through, or across the subject property.
G. Utility easements. Landscaping materials, fences and berms which are located within a duly
recorded utility easement and/or a pedestrian easement shall not count toward meeting a
landscaping requirement. However, the width of such areas may be counted as part of a
landscaping requirement.
§ 212-2015. Calculating Landscaping and Bufferyard Requirements.
In calculating the number of required landscaping points under the provisions of this Article all areas
and distances on which required calculations are based shall be rounded up to the nearest whole
number of square feet or linear feet. Any partial plant derived from the required calculations of this
Article (for example twenty-three and three tenths (23.3) trees) shall be rounded up to the nearest
whole plant (twenty four (24) trees).
§ 212-2016. Depiction on Required Site Plan.
A. Any and all proposed landscaping on the subject property, required to meet the standards of this
Article, shall be clearly depicted and labeled as to its location and make-up on the planting plan
required for the development of the subject property. The planting plan shall include, at a
minimum, the following:
(1) The planting plan shall be prepared by and shall bear the seal of a professional landscape
architect registered in the Commonwealth of Pennsylvania.
(2) The planting plan shall be prepared in an understandable scale no smaller than one (1) inch
equals thirty (30) feet.
(3) The planting plan shall include a plant material schedule showing scientific and common
names, specified sizes and quantities. Where appropriate, a reference key designation shall
be included.
(4) The Borough may award landscaping points for these features provided that they are utilized
in a creative fashion to produce an attractive maintainable landscape within the landscaped
areas: land forms, screen walls, wood fencing, sculpture, noninvasive lighting, water
features, site features, natural stone and boulders.
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ARTICLE 2100. Performance Standards
§ 212-2101. Emission of Offensive Odors.
No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any
point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be
the fifty percent (50%) response level of Table 1 (Odor Thresholds in Air), Research on Chemical
Odors: Part 1 - Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing
Chemists Association, Inc., Washington, D.C.
§ 212-2102. Storage of Hazardous Materials.
A. No highly flammable or explosive liquids, solid or gases shall be stored in bulk above ground,
except the following:
(1) Tanks or drums of fuel regardless of size connected directly with energy devices or heating
appliances located and operated on the same lot as the tanks or drums of fuel, specifically
designed to handle the material.
(2) Tanks or drums for storage of less than three hundred (300) gallons of fuel oil or gasoline,
provided that such tanks are located no closer than twenty-five (25) feet to any building or
lot line or fifty (50) feet from any street line.
(3) In addition to Borough standards, any individual storing flammable or explosive liquid must
abide by PA DEP and Allegheny County requirements.
B. No materials or wastes shall be deposited upon a lot in such form or manner that they shall be
transported off the lot by natural causes or forces; nor shall any substance which can
contaminate wells, watercourses or potable water supplies otherwise render such wells,
watercourses or potable water supplies undesirable as sources of water supply or recreation; nor
shall any substance which will destroy aquatic life be allowed to enter any wells, watercourses
or potable water supplies.
C. Any materials or wastes which might cause fumes or dust or which constitute a fire hazard or
which shall be edible or otherwise attractive to rodents or insects shall be stored outdoors only if
enclosed in containers adequate to eliminate such hazards.
D. All existing storage and water disposal facilities that do not conform to this Section are hereby
declared a public nuisance, and shall be brought into conformity with this Section within three
(3) years of adoption of this Chapter.
E. Any activity involving the use or storage of flammable material shall be controlled by the
requirements contained in the applicable National Fire Protection Association Code Standards.
§ 212-2103. Visible Smoke Emissions.
No emission at any point from any chimney or otherwise of visible smoke from commercial and
industrial uses in excess of that permitted by the Department of Environmental Protection (DEP)
shall be permitted.
§ 212-2104. Air Pollutive Emissions.
A. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to
human health, to animals, to vegetation or to property, or which can cause any soiling or staining
of persons or property at any point beyond the lot line of the use creating the emission is
herewith prohibited.
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B. No emission of liquid or solid particles from any chimney or other source shall exceed three
tenths (0.3) grain per cubic foot of the carrying gas at any point beyond the lot line of the use
creating the emission. For measurement of the amount of particles in gases resulting from
combustion, standard correction shall be applied to a stack temperature of five hundred degrees
Fahrenheit (500° F) and fifty percent (50%) excess air in the stack at full load.
C. Air pollution requirements shall meet Allegheny County Health Department rules and
regulations.
§ 212-2105. Lighting Projecting Beyond Lot Lines.
No use shall produce a strong light or a reflection of a strong light greater than one tenth (0.1)
footcandle beyond its lot lines or onto any public street. Street lighting beyond (0.1) footcandle is
permitted if approved by Borough Council.
§ 212-2106. Noise.
The ambient sound level of any operation (other than the operation of motor vehicles or other
transportation facilities, operations involved in the construction or demolition of structures,
emergency alarm signals or time signals) shall not exceed the decibel levels listed in Table 21-1.
A. The sound pressure level or ambient level is the all-encompassing noise associated with a given
environment, being a composite of sounds from any source, near and far. For the purpose of this
Chapter, "ambient noise level" is the average over fifteen (15) minutes of the alleged offensive
noise, excluding random or intermittent noises. A reading to determine the average ambient
noise level shall be conducted a minimum of three (3) times during any fifteen (15) minute
period.
(1) Observe a sound-level meter for five (5) seconds and record the best estimate of central
tendency of the indicator needle and the highest and lowest indications.
(2) Calculate the arithmetical average of the observed central tendency indications.
B. It shall be unlawful for any person to operate any fixed machinery or equipment or similar
mechanical device in any manner so as to create any noise which would cause the noise level
measured at the property line of the property affected by the noise emission to be beyond
permitted levels.
(1) Noise limits shall not exceed the following:
Table 21-1: Noise Limits.
Zoning District Time Period
128
Sound Level
(dBa)
R1, R2, R3, R4 and M1 7:00 a.m. to 10:00 p.m. 60
10:01 p.m. to 6:59 a.m. 55
M2 and M3 7:00 a.m. to 10:00 p.m. 60
10:01 p.m. to 6:59 a.m. 55
(2) If the measurement location is on a boundary between two (2) zoning districts, the lower
sound level shall apply.

§ 212-2107. Sewage Discharges.
No discharge at any point into any private sewage disposal system or stream or into the ground of
any materials in such a way or in such nature or temperature as can contaminate any water supply or
otherwise cause the emission of dangerous or objectionable elements or the accumulation of solid
wastes conducive to the breeding of rodents or insects is permitted.
§ 212-2108. Conditions at Lot Lines.
A. Fences, walls and electric fences. No walls, fences, signs or other structures shall be erected or
altered, and no hedge, tree, shrub or other growth shall be maintained or permitted that shall
cause damage to traffic on a public street by obscuring the view. The maximum permitted height
of a fence in the rear and side yard shall be six (6) feet. Fences in the front yard shall be no
higher than four (4) feet and at least fifty percent (50%) open and not of the chain link or wire
type generally used for enclosure or containment. On a corner lot the side yard abutting the
right-of-way shall be considered a front yard for fencing purposes. Along arterial roads fences
may be six (6) feet in height and may be open (anything less than 100% screening) or solid.
B. Higher fences between properties in different zoning districts shall be authorized or required at
the time of site plan approval. Higher fences along lot lines adjacent to swimming pools or
commercial properties shall be authorized by the Borough Council when necessary for effective
buffering. Higher fences around recreational facilities or recreation areas may be required by
Council. Electrified fences, fences with barbed wire or razor wire or barbed or razor wire
electrified fences are not permitted in any residential district except as shall be authorized by
Borough Council. Above ground electrical fences as authorized by Borough Council are subject
to the following conditions:
(1) Electric fences are permitted on farms only, except as shall be authorized in other areas by
Borough Council.
(2) Warning signs at least three (3) inches by twelve (12) inches shall be placed on the fence
every twenty-five (25) feet and at least three (3) feet from ground level.
(3) The wire carrying the current shall be placed on the inside fence perimeter.
(4) Maximum voltage shall not exceed twelve (12) volts.
(5) Electric fences shall be properly installed with an approved charger.
(6) The placement of the electrified fence should be carefully considered so that it is further
away from bus stops, playgrounds, school yards or any type of pedestrian path or facility
subject to heavy pedestrian traffic.
C. Activity affecting atmosphere at lot lines. No activities producing heat, cold, dampness or
significant movement of air are permitted which shall produce any material effect on the
temperature, motion or humidity of the atmosphere at the lot line or beyond.
§ 212-2109. Vibrations.
No use shall cause earth vibrations or concussions in excess of the standards outlined below in Table
21-2, with the exception of that vibration produced as a result of construction activity. Vibration
shall be expressed as displacement in inches and shall be measured with a standard three (3)
component measuring system, which is a device for recording the intensity of any vibration in three
(3) mutually perpendicular directions.
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Table 21-2: Frequency Amplitude Relations.
Frequency of Ground Motion
(cycles per second)
Maximum Amplitude of Ground Motion in
Inches,
Not More than
Up to 10 0.0305
20 0.0163
30 0.0102
40 0.0076
50 0.0061
60 0.0051
§ 212-2110. Electrical Disturbances.
No electrical disturbance adversely affecting the operation at any point of any equipment other than
that of the creator of such disturbance shall be permitted.
§ 212-2111. Radioactive Emissions.
No activity shall emit dangerous radioactivity which exceeds the standards established by the United
States Nuclear Regulatory Regulations, Title 10, Code of Federal Regulations, Part 20, Standards for
Protection Against Radiation, as may be amended from time to time.
§ 212-2112. Floodplain Management.
Refer to Franklin Park Borough, Allegheny County, Pennsylvania, Ordinance No. 250-84, enacted
May 9, 1984.
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ARTICLE 2200. Off-Street Parking and Loading
§ 212-2201. Parking for Existing Uses.
Structures and uses in existence at the date of adoption of this Chapter shall not be subject to the
requirements of this Chapter so long as the type or extent of use is not changed and provided that
any parking facility now serving such structures or uses shall not in the future be reduced below such
requirements.
§ 212-2202. Off-Street Parking Space Requirements Table.
A. Off-street parking facilities shall be provided as listed in Table 22-1.
(1) For other uses that do not fit into one of the categories listed below, determination of the
appropriate parking space requirements shall be subject to Borough Council approval and
may be based on a parking needs study.
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Table 22-1: Required Off-Street Parking.
Use Required Off-Street Parking Spaces for Indicated Area
Adult Care Facility One (1) per three (3) beds and one (1) for each employee on the peak shift
Adult Bookstore/Video Store, Adult Theater or
Movie House or Live Adult Theater
One (1) for every 250 sq. ft. GFA
Amusement Facility One (1) for every 200 sq. ft. GFA
Automobile Sales One (1) for each 400 sq. ft. of indoor and outdoor display area
Bed and Breakfast One (1) per employee on peak shift plus one (1) per sleeping unit, and
one (1) for the owner
Car Wash One (1) for each 800 sq. ft. GFA
Cemetery One (1) per 250 sq. ft. of buildings, plus one (1) per (four) 4 seats for places of assembly
College, University & Satellite Campus One (1) for each employee or faculty member plus one (1) for each ten (10)
students or one (1) for each three (3) seats in the principal place of assembly, whichever is
greater
College and University Satellite Facility One (1) for each student seat and one (1) for each faculty member, at the time the facility
experiences its highest use or occupancy rate
Construction Materials, Storage and Sales One (1) for each employee and one (1) space for each 500 sq. ft. GFA
Contracting One (1) for each employee and one (1) space for each 500 sq. ft. GFA
Convenience Store One (1) for each employee plus one (1) per 250 sq. ft. GFA
Country Club Two (2) per hole
Day Care Center One (1) for each employee plus one (1) per every three (3) children in the center
Eating Place One (1) for every four (4) seats, plus one (1) per employee on the peak shift
Eating Place with Drive-Through Facility One (1) per fifty (50) sq. ft. GFA
Emergency Service and Municipal Facility One (1) for each employee on the peak shift, plus two (2) additional spaces
Entertainment Facility One (1) for every employee on the peak shift , plus one (1) space for every
two (2) seats of the total capacity of the facility
Farm Market One (1) for each 300 sq. ft., minimum of three (3) spaces
Financial Establishment One (1) for each employee plus one (1) per 250 sq. ft. GFA
Funeral Home One (1) for each fifty (50) sq. ft. GFA in the parlors plus one (1) per 300 sq. ft. of
remaining GFA
Gasoline Service Station One (1) for each employee plus two (2) for each service bay
Golf Course Two (2) per hole
Greenhouse One (1) per employee plus one (1) for each 400 sq. ft. of growing and display
area accessible to the public
Halfway House One (1) for each employee on the peak shift, plus two (2) for visitors
Hospital One (1) for every three (3) beds, plus one (1) for each 250 sq. ft. devoted to
out-patient services
Industrial Park One (1) for each 2,000 sq. ft. GFA plus one (1) for each employee on the peak shift
Kennel One (1) per 400 sq. ft. GFA, not less than five (5)
Laundry and Dry Cleaning Establishment One (1) for each two hundred fifty (250) sq. ft. GFA
Manufacturing One (1) for each 2,000 sq. ft. GFA plus one (1) for each employee on the peak shift
GFA=Gross Floor Area
Sq. ft.=Square Feet
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Use Required Off-Street Parking Spaces for Indicated Area
Medical and Diagnostics Lab One (1) for each 250 sq. ft. GFA
Medical Office One (1) for each 250 sq. ft. GFA
Mobile Home Park Two (2) per dwelling unit
Motel or Hotel One (1) per employee on peak shift plus one (1) per sleeping unit, plus spaces
for offices located on site as required
Multi-Family Dwelling (duplex, townhouse, or One and One-Half (1.5) spaces per dwelling unit
apartment building)
Museum One (1) for every 250 sq. ft. GFA
Nursery One (1) per employee plus one (1) for each 400 sq. ft. of growing and display
area accessible to the public
Office, Professional One (1) for each 250 sq. ft. GFA
Outdoor Storage or Display One (1) for each employee and one space for each 500 sq. ft. GFA
Personal Service Establishment One (1) for each 250 sq. ft. GFA
Place of Worship One (1) per four (4) seats or eighty (80) lineal inches of pew, or if there are no
pews or seats, one (1) per fifteen (15) sq. ft. of the area used for assembly
Private Club or Lodge One (1) for each 100 sq. ft. GFA
Recreation Facility (Private) One (1) for each 250 sq. ft. GFA and One (1) for each 2,500 sq.ft. of outdoor
recreation area
Recreation Facility (Public) One (1) for each 250 sq. ft. GFA and One (1) for each 2,500 sq.ft. of outdoor
recreation area
Research and Development Facility One (1) for each 2,000 sq. ft. GFA plus one (1) for each employee on the peak
shift
Retail Shops and Stores One (1) for each 250 sq. ft. GFA
Retirement Community for the Elderly Two-tenths (0.2) per dwelling unit, plus one (1) for each employee on the peak
shift
School One (1) for each employee or faculty member plus one (1) per classroom
Self-Storage Facility One (1) space plus one (1) for each employee
Shopping Center One (1) for each 250 sq. ft. GFA
Single-Family Dwelling Two (2)
Supermarket One (1) for each 250 sq. ft. GFA
Tavern One (1) for each four (4) seats, plus one (1) per employee on the peak shift
Truck Terminal One (1) for each employee on the peak shift plus one (1) for each 1,000 sq. ft.
GFA
Vehicular Repair and Inspection One (1) for each employee on the peak shift plus one (1) for each vehicle repair
bay
Veterinary Facility One for each 250 sq. ft. GFA
Warehouse One (1) for each 2,000 sq. ft. GFA plus one (1) for each employee on peak shift
Wholesale One (1) for each employee on the peak shift plus one (1) for each 3,500 sq. ft.
GFA
Other Agricultural Uses not Specifically One (1) for each 400 sq. ft. GFA, minimum of three (3) spaces
Listed
Other Residential Uses not Specifically Listed One and One-Half (1.5) spaces per dwelling unit
Other Recreational/Institutional Uses not
Specifically Listed
Other Commercial Uses not Specifically
Listed
One (1) for each 250 sq. ft. GFA and One (1) for each 2,500 sq.ft. of outdoor
recreation area
One (1) for each 250 sq. ft. GFA
Other Office Uses not Specifically Listed One (1) for each 250 sq. ft. GFA
Other Industrial Uses not Specifically Listed One (1) for each 2,000 sq. ft. GFA plus one (1) for each employee on the peak
shift
GFA=Gross Floor Area
Sq. ft.=Square Feet
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§ 212-2203. Changes in Structure or Use.
Whenever there is an alteration of a structure or a change or extension of a use which increases the
parking requirements according to the standards of this Article the total additional parking required
for the alteration, change or extension shall be provided in accordance with the requirements of this
Article.
§ 212-2204. Use of Parking Areas for Other Purposes.
No parking area shall be used for any use that interferes with its availability for the parking need it is
required to serve.
§ 212-2205. Required Facilities to be Continued and Maintained.
A. All required facilities with respect to parking area shall be provided and maintained so long as
the use exists which the facilities were designed to serve. Off-street parking facilities shall not be
reduced in total extent after their provision except upon the approval of the Zoning Hearing
Board and then only after proof that, by reason of diminution in floor area, seating area, the
number of employees or change in other factors controlling the regulation of the number of
parking spaces. Such reduction shall be in conformity with the requirements of this Chapter.
B. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the
availability of required facilities to the employees or other persons whom the facilities are
designed to serve.
C. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance,
a hazard or an unreasonable impediment to traffic.
§ 212-2206. Joint Use of Parking Lot.
Two (2) or more developments may provide for required parking in a common parking lot, if the
total space provided is not less than the sum of the spaces required for each development
individually. However, the number of spaces required in a common parking facility may be reduced
below this total by variance if it can be demonstrated that the hours or days or peak parking needed
for the uses are so different that a lower total will provide adequately for all uses served by the
facility.
§ 212-2207. Location of Required Spaces.
Required off-street parking spaces shall be on the same lot or premises with the principal use served
or, where this requirement cannot be met, within three hundred (300) feet of the same lot if the use is
nonresidential.
§ 212-2208. Maintenance of Facilities.
For parking areas of three (3) or more vehicles, the area not landscaped and so maintained, including
driveways, shall be graded, surfaced with all-weather paving and drained to the satisfaction of a
professional engineer, licensed in the Commonwealth of Pennsylvania, selected by the municipality,
to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining
property. All off-street parking spaces shall be marked so as to indicate their location. Failure to
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keep parking areas in satisfactory condition (i.e., free from holes) shall be considered a violation of
this Chapter.
§ 212-2209. Commercial and Recreational Vehicles on Residential Lots.
A. Off-street parking facilities accessory to a residential use may be used only for the parking of
passenger automobiles, recreational vehicles as defined by this Chapter and commercial vehicles
a Class 4 or less registered gross or combination weight in pounds (i.e., eleven thousand
(11,000) pounds or less), as provided by the Pennsylvania Motor Vehicle Code, Act of June 17,
1976, P.L., No. 81, 75 Pa.C.S.A. § 1916, when such automobiles or vehicles are owned by the
occupants of the residential dwelling structure constituting the principal use of that property. The
use of residentially zoned property, either private or public, for the parking of commercial
vehicles with a Class 5 or greater registered gross or combination weight in pounds (9,001
pounds or more) as provided by the Pennsylvania Motor Vehicle Code, Act of June 17, 1976,
P.L. 162, No. 81, Pa.C.S.A. § 1916, or tow trucks, trucks with dump bodies, construction
vehicles and equipment such as, but not limited to: pavers, rollers, compressors, welders,
backhoes, highlifts or trailers designed, constructed or intended to be used for the transport of
such equipment, is prohibited. Not more than one commercially lettered vehicle shall be parked
on a residential lot, except when services are being provided to the property.
B. Not more than one (1) recreational vehicle, including those that are not self-propelled, may be
stored on a residential property; provided, however that no recreational vehicle shall be stored in
the front yard of a residential property.
C. No person in charge of or in control of premises or private property, whether as owner, lessee,
tenant, occupant or otherwise, shall allow any partially dismantled, wrecked, junked, discarded
or otherwise non-operating motor vehicles to remain on such property longer than ten (10) days;
and no person shall leave any such vehicle on any property within the Borough of Franklin Park
for a longer time than ten (10) days; provided, nevertheless, that this section shall not be
construed to apply to any vehicle in an enclosed building or so located upon the premises as not
to be readily visible from any public place or from any surrounding private property; and
provided, further, that this Chapter shall not be construed to apply with regard to any vehicle on
the premises of a business enterprise operating in a lawful place, other than in a residential
district, and operated in a lawful manner when the keeping or maintenance of such vehicle is
necessary to the operation of such business enterprise; or with regard to a vehicle in an
appropriate storage place or depository maintained in a lawful place and manner by the Borough
of Franklin Park or any other public agency or entity.
§ 212-2210. Design Standards.
The design standards specified below shall be required for all off-street parking facilities with a
capacity of three (3) or more vehicles built after the effective date of this Chapter:
A. The minimum dimensions of stalls and aisles shall be as follows:
(1) Stall widths shall be as follows for the following uses:
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Table 22-2: Parking Stall Widths.
Use
Width
(feet)
Residential 9
Retail 9
Office 8.5
Parking garage 8.25
(2) Stall depth shall be at least eighteen (18) feet for all parking at an angle greater than parallel
and twenty (20) feet for parallel parking.
(3) Minimum width of aisles providing access to stalls for one-way traffic only, varying with
the angle of the parking, shall be:
Table 22-3: Parking Aisle Widths.
Angle of Parking
Minimum Aisle Width
(feet)
Parallel 12
30° 14
45° 16
60° 20
90° 20
(4) Minimum width of aisles providing access to stalls for two-way traffic shall be twenty-four
(24) feet.
B. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking
space without requiring the moving of any other motor vehicles.
C. The width of entrance and exit drives shall be:
(1) A minimum of twelve (12) feet for one-way use only.
(2) A minimum of twenty-four (24) feet for two-way use.
(3) A maximum of thirty-five (35) feet at the street line and fifty-four (54) feet at the curbline.
D. For the purpose of servicing any property held under single and separate ownership, the number
of entrance and exit drives crossing the street line shall be limited to two (2) along the frontage
of any single street, and their center lines shall be spaced at least eighty (80) feet apart. On all
corner properties, there shall be a space of a minimum of sixty (60) feet, measured at the
curbline, between the center line of any entrance or exit drive and the street line of the street
parallel to said drive.
E. In no case shall parking areas be designed to require or encourage cars to back into a public
street in order to leave the lot.
F. All parking spaces and access drives shall be at least five (5) feet from any side or rear lot line.
G. All parking areas for any purpose other than single-family residences shall be physically
separated from any public street by a planting strip which shall be not less than five (5) feet in
depth.
(1) Tire bumpers or concrete curb shall be installed so as to prevent vehicle overhang of the
sidewalk area.
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(2) This five (5) foot planting strip shall be parallel to the street line and shall be measured from
the right-of-way.
H. Lighting of parking areas may be required and/or permitted at the discretion of the governing
body. All artificial lighting used to illuminate any parking space or spaces shall be so arranged
that no direct rays from such lighting shall fall upon any neighboring property or streets.
Lighting level shall be a minimum of one (1) foot-candle average unless modified by the
governing body.
§ 212-2211. Off-street Loading Requirements.
Off-street loading requirements, as specified below, shall be provided on any lot on which a building
exceeding six thousand (6,000) square feet of gross floor area for business or industry is hereafter
erected.
A. Every retail establishment, storage warehouse or wholesale establishment exceeding six
thousand (6,000) square feet shall have at least one (1) off-street loading space. Where there is
an aggregate gross floor area of twenty thousand (20,000) square feet or more arranged, intended
or designed for such use, there shall be provided off-street truck loading or unloading berths in
accordance with Table 22-4:
Table 22-4: Unloading Berths.
Aggregate Gross Floor Area Devoted to Each Use
(square feet) Required Number of Berths
6,000 up to 19,999 1
20,000 up to 79,999 2
Each additional 50,000 1
B. Every auditorium, funeral home, multifamily dwelling of twenty (20) units or more, office
building, restaurant or hotel exceeding six thousand (6,000) square feet shall have at least one
(1) off-street loading space. Where there is an aggregate gross floor area of thirty thousand
(30,000) square feet or more arranged, intended or designed for such use, there shall be provided
off-street truck loading and unloading berths in accordance with Table 22-5:
Table 22-5: Unloading Berths.
Aggregate Gross Floor Area Devoted to Each Use
(square feet)
137
Required Number of Berths
6,000 up to 29,000 1
30,000 up to 44,999 2
Each additional 75,000 1
§ 212-2212. Off-street Loading Design Standards.
Off-street loading facilities shall be designed to conform to the following specifications:
A. Each required space shall be no less than fourteen (14) feet wide, fifty-five (55) feet long and
seventeen (17) feet high, exclusive of drives and maneuvering space and located entirely on the
lot being served.
B. There shall be appropriate means of access to a street or alley as well as adequate maneuvering
space.

C. The maximum width of driveways and sidewalk openings measured at the street line shall be
thirty-five (35) feet, the minimum width shall be twenty (20) feet.
D. All accessory driveways and entranceways shall be graded and all-weather surfaced and drained
to the satisfaction of the Borough engineer, to the extent necessary to prevent nuisances of dust,
erosion or excessive water flow across public ways.
E. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance,
a hazard or an unreasonable impediment to traffic.
F. The lighting requirements of § 212-2210.H. shall be met when applicable.
§ 212-2213. Maintenance of Off-street Loading Facilities.
All required loading facilities shall be provided and maintained in accordance with the following
requirements:
A. They shall be provided and maintained as long as the use exists which the facilities were
designed to serve.
B. They shall not be reduced in total extent after their provision except when the reduction is in
conformity with the requirements of this Chapter.
C. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the
availability of required facilities to the delivery and pickup vehicles they are designed to serve.
D. Borough Council may approve alternative off street loading area designs, provided that the
loading area is designed by a professional engineer.
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ARTICLE 2300. Signs
§ 212-2301. Signs to Conform.
A. No sign hereafter shall be constructed, erected, moved, enlarged, illuminated or substantially
altered except in accordance with the provisions of this Chapter and any other Borough
ordinances or regulations.
B. General repair and maintenance of any sign shall not, in and of itself, be considered a substantial
alteration.
§212-2302. Definitions.
Words and phrases used in this Article shall have the meanings set forth in this Section.
ABANDONED SIGN - A sign or sign structure on a site, which identifies a business that is not
operating or does not offer services on the premises on which the sign is located.
ADDRESS SIGN - A sign indicating the number or other designation assigned to a dwelling,
business, or other structure for all purposes of location, mail delivery, and emergency services.
ADVERTISING VEHICLE - Any vehicle and/or trailer which has affixed to it any sign or
advertising device which is parked on public or private property and visible from the public right of
way where the apparent purpose is to advertise a product or direct people to a business or activity
located on the same or nearby property.
AWNING - An architectural projection or shelter projecting from and supported by the exterior wall
of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a
supporting framework that may be either permanent or retractable.
AWNING SIGN - A building sign that is mounted, painted, or attached to or integral to an awning.
BACK-LIGHTING OR SILHOUETTE LIGHTING - A method of internal illumination whereby the
light sources is contained within the sign structure. Illumination is directed towards the building
façade, thereby backlighting or silhouetting the sign itself.
BANNER SIGN - A sign with or without characters, letters, or illustrations applied to cloth, paper,
fabric or other non-rigid material.
BEACON - A signaling or guiding device, typically characterized by a beam of light designed to
attract attention from long distances.
BILLBOARD - A sign that directs attention to a business, commodity, service, or entertainment
conducted, sold or offered at a location other than the premises on which the sign is located.
BUILDING SIGN - A sign attached to or supported by a building.
CAMPUS SIGN - Any on-premises sign that assists the flow or circulation of pedestrian or
vehicular traffic.
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CANOPY, ATTACHED - A multisided overhead structure or architectural projection supported by
attachments to a building or one or more sides and either cantilevered from such building or also
supported by columns at additional points.
CANOPY, DETACHED - A multisided overhead structure supported by columns, but not enclosed
by walls.
CANOPY SIGN - A building sign that is mounted, painted, attached to, or integral to a canopy.
CHANGEABLE COPY SIGN - A sign that is designed so that characters, letters, or illustrations can
be changed or rearranged manually to change the message on the sign without altering the face or
surface of the sign.
ELECTRONIC CHANGEABLE COPY SIGN - A sign that is designed so that characters, letters, or
illustrations can be changed or rearranged remotely by electronic or other means to change the
message on the sign without altering the face or surface of the sign.
EXPOSED TUBE STYLE LIGHTING - A luminaire in which the light source consists of or is
contained in an uncovered extruded cylinder or other shape which may be formed into geometric
patterns, lettering, logos, or emblems. This may include, but not be limited to LED’s, exposed glass
tube lighting, neon, or rope lighting. This shall not include strings of incandescent bulbs.
EXTERNALLY ILLUMINATED SIGN - A sign lighted by a source outside the sign.
FESTOON LIGHTING - A directly illuminated sign, including a group of incandescent light bulbs
either hung or strung overhead, located to attract attention or used to outline a sign or other structure,
but not including festive lighting.
FLAG - Any fabric containing distinctive colors, patterns, or symbols, used as a symbol of the
United States of America, the Commonwealth of Pennsylvania, or the local municipality. A flag is
not a sign.
FLASHING SIGN - A sign that contains an intermittent or sequential flashing light source or has a
light source which is not stationary, varies in illumination intensity, or contains elements which give
the appearance of any of the aforementioned.
FREESTANDING SIGN - A self-supporting sign detached from any building and is supported by
poles, posts, braces, or other type of base on the ground.
GOVERNMENTAL SIGN - A sign, which is owned, installed and maintained by the Borough of
Franklin Park.
GROUND/MONUMENT SIGN - A freestanding sign, which is completely self-supporting, has its
sign face or base on the ground and has no air space, columns, or supports visible between the
ground and the bottom of the sign.
HOUSING DEVELOPMENT SIGN - A ground/monument sign placed at the entrance of a housing
development.
ILLUMINATED SIGN - A sign lighted by or exposed to artificial lighting either by lights on or in
the sign or directed toward the sign.
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INFLATABLE SIGN - A sign that holds its shape by receiving a one-time or continuous supply of
air or other gas, including balloons.
INTERNALLY ILLUMINATED SIGN - A sign containing a source of light contained within the
sign structure.
KIOSK SIGN - A sign consisting of three to five sides that list names of businesses or other
directional information located on a property or in a building.
MARQUEE - An integral part of the building consisting of a roof, which is supported by the
building and may also be supported by columns or piers, and includes porches, porticos and portecocheres,
but does not include canopies or awnings.
MARQUEE SIGN - A wall sign attached to a Marquee.
MOVING OR ANIMATED SIGN – Any sign or part of a sign that changes physical position by any
movement or rotation, or that depicts motion through the change of position of text, images, or
graphics. Such motion shall include, but not be limited to, visual effects such as dissolving and
fading text and images, running sequential text, graphic bursts, lighting that resembles zooming,
twinkling or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns
or bands of light, expanding or contracting shapes, and similar actions. Moving or Animated Sign
may include a Flashing Sign or Electronic Changeable Copy Sign.
MULTI-TENANT BUILDING - A non-residential building which provides occupancy for two (2)
or more tenants.
NON-CONFORMING SIGN - A lawfully existing sign that complied with the zoning ordinance at
the time the sign permit was issued but does not meet the current zoning requirements.
OFF-PREMISES SIGN - A sign not located on the premises where a business, person, activity, or
service is located.
PATHFINDER SIGN - A municipal owned and maintained sign directing traffic, to, from, or within
a region within a municipality or providing information for a commercial, residential or industrial
development.
PENNANT/STREAMER - Any lightweight plastic fabric or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in a series and
designed to move in the wind.
POLE/PYLON SIGN - A freestanding sign erected on a pole, poles, pylon, or pylons, where the
bottom edge of the sign face is five feet or more above the ground.
POLITICAL SIGN - Any sign that advertises a candidate or an issue, which is to be voted on in a
local, state, or federal election process.
PORTABLE SIGN - A sign that is intended to be moved easily and is not designed to be
permanently affixed into the ground or to a structure.
PREMISES - The contiguous land in the same ownership or control, which is not divided by a street.
141

PROJECTING SIGN - A building sign that is projecting perpendicularly from the façade of a
building more than twelve (12) inches from the face of the wall.
PROJECTION SIGN - A sign which reproduces a remote image, by optical or any other means, on
any surface.
PUBLIC WAY - Any corridor designed for vehicular or pedestrian use that is maintained with
public funds.
REAL ESTATE SIGN - A temporary sign advertising the real estate upon which the sign is located
as being for rent, lease, or sale.
ROOF SIGN - A building sign that is erected on or attached to a roof or signs attached to a building
that project above the highest point on the roofline.
SANDWICH BOARD SIGN - Signs which provide a menu option for particular use and which are
displayed only during normal business hours.
SAFETY CONTROL SIGN - A public safety sign pursuant to federal, state, or local public safety
regulations.
SIGN OR SIGNBOARD - Any writing, printing, painting, display, emblem, drawing, graphic,
electronic display, computerized display or other device designed to be viewed by the public,
designed and intended for advertising, and the structure supporting the display.
SIGN AREA - The smallest quadrangle encompassing the entire face of a sign including the
advertising surface and any framing, trim, molding, background, and the supporting structure
situated above the lowest edge of the sign face.
SIGN BASE - The support on which a sign face stands.
SIGN FACE - The area or display surface, including the advertising surface and any framing, trim,
or molding, used for the message on a single plane.
SIGN HEIGHT - The vertical distance measured from the lowest finished grade elevation directly
beneath the sign to the highest point of the sign, including all decorative embellishments.
SINGLE TENANT BUILDING - A non-residential building that provides occupancy for one tenant.
SITE DEVELOPMENT SIGN - A sign indicating that the premises is in the process of being
subdivided and/or developed for the construction of dwellings or other buildings.
TEMPORARY SIGN - Any sign erected for a limited time for a specific promotion.
THREE-DIMENSIONAL SIGN - A sign having length, width, and depth and including spheres.
Rectangular or square signs width a thickness of less than thirteen (13) inches are not considered
three-dimensional signs.
TRAFFIC CONTROL SIGN - A sign regulating traffic.
142

WALL SIGN - A building sign that is painted, attached to, or affixed to a building or structure, flat
against the wall surface, in such a way that only one face of the sign is visible.
WINDOW SIGN - A building sign, picture, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service that is
permanently affixed inside a window or upon the windowpanes or glass and is visible from the
exterior of the window.
§ 212-2303. Signs Exempt from Regulations.
A. The following signs shall meet the requirements of the ordinance but do not require permits or
fees:
(1) Any public notice or warning required by a valid and applicable Federal, State or local law,
regulation or ordinance.
(2) Any sign outside or inside a structure and not attached to a window or door that is not
legible from a distance of more than three (3) feet beyond the lot line of the lot or site on
which such sign is located.
(3) Flags, as defined herein.
(4) Holiday lights and decorations with no commercial message, but only between November
and January.
(5) Memorial signs or tablets denoting the date of erection of a building.
(6) Auctions, garage or yard sales signs provided that they do not exceed five (5) square feet
and are removed as soon as the event or activity has occurred, and provided that they shall
not be permitted to be erected more than seven (7) days prior to the event and only permitted
at the site where the event will take place.
(7) Banners erected by a governmental body or under the direction of such body.
(8) Temporary event signs and banners announcing a non-profit event of a civic organization for
non-commercial purposes, where such sign does not exceed thirty-two (32) square feet in
area and for a period not to exceed thirty (30) days prior to the start of the event and
removed within three (3) days after the conclusion of the event.
(9) Address signs.
(10) Traffic control signs meeting Federal, State, and/or local regulations.
(11) Safety control signs meeting Federal, State, and/or local regulations.
(12) Governmental signs, including pathfinder signs.
(13) Political signs, provided that such signs are located outside of the public right-of-way, on
private property and do not block a motor vehicle driver visibility.
(14) Signs erected on agricultural land to promote the raising and selling of crops, vegetable,
fruits or to promote other agricultural functions by the property owner directly to the public.
Said signs must be located on the landowner’s property and must not block a motor vehicle
driver’s visibility.
§ 212-2304. Prohibited Signs.
A. All signs not expressly authorized under this Chapter or exempt from regulations hereunder in
accordance with previous sections are prohibited in the Borough. Prohibited signs shall include,
but are not limited to:
(1) Beacons.
(2) Moving or animated signs.
(3) Flashing signs.
(4) Portable signs.
(5) Marquee signs.
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(6) Roof signs.
(7) Pennants.
(8) Strings of light, except those exempt under 212-2303.A.(4).
(9) Inflatable signs and tethered balloons.
(10) Temporary signs, except those otherwise permitted under provisions of this Chapter.
(11) Projecting signs.
(12) Any sign or sign structure which constitutes a hazard to public safety or health.
(13) Signs which by reason of size, location, coloring, or manner of illumination obstruct the
vision of drivers, either when leaving a roadway or driveway, or obstruct or detract from the
visibility or effectiveness of any traffic sign or control device on public streets.
(14) Any abandoned sign which no longer identifies a bonafide business.
(15) Signs painted on or attached to, or supported by a tree, utility pole, stone cliff, or other
natural object.
(16) Banners, except as provided for in 212-2303.A.(7).
(17) Festoon lighting.
(18) Awning signs.
(19) Canopy signs.
(20) Advertising vehicle.
(21) Projection signs.
(22) Sandwich board signs.
(23) Three-dimensional signs
(24) Traffic control signs not meeting Federal, State and/or local regulations.
(25) Electronic changeable copy signs, except as provided for in 212-2309.
B. Except as specifically permitted elsewhere in the Borough’s codified ordinances no sign shall be
erected:
(1) In the public right-of-way or public easement, except for those placed by an authorized
governmental agency.
(2) At any location where, by reason of position, shape, wording, or color, it interferes with, or
obstructs the view and/or movement of pedestrian or vehicular traffic.
(3) Which may be confused with any authorized traffic sign, signal, or device.
(4) In a yard and/or parking lot area of a business establishment other than those specifically
permitted under the provisions of this Chapter.
C. No sign shall project into or over any public right-of-way or easement, except as specifically
permitted elsewhere in this Chapter.
§ 212-2305. Determination of Area.
A. The area of a sign shall be construed to include all lettering, wording and accompanying designs
and symbols, together with the background, whether open or enclosed, on which they are
displayed, but not including any supporting framework and bracing which are incidental to the
display itself.
B. The area of a sign painted upon or applied to a building shall be considered to include all
lettering, wording and accompanying designs or symbols, together with any backing associated
with the sign.
C. Where the sign consists of individual letters or symbols attached to or painted on a surface,
building, wall or window, the area shall be considered to be that of the smallest rectangle or
other regular geometric shape that can enclose such letters or symbols.
D. In computing square foot area of a double-faced sign, only one (1) side shall be considered,
provided that both faces are identical. If the interior angle formed by the two (2) faces of the
double-faced sign is greater than forty-five degrees (45°), then both sides of such sign shall be
considered in calculating the sign area.
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§ 212-2306. Illumination Requirements Applicable to All Districts.
A. The illumination from any sign may not cause any reflection or glare upon a public way, street,
highway, sidewalk, or adjacent property.
B. Sources of illumination shall be hidden from view.
C. If a sign is internally illuminated, at least seventy-five (75%) percent of the sign face must be
opaque.
D. Signs consisting of individual letters that are internally illuminated must be illuminated through
backlighting or silhouette lighting.
E. No illuminated sign, whether internally or externally illuminated, shall cause glare or other
disturbance, which would be incompatible with the nature of the surrounding area.
F. All lighting shall be effectively shielded to avoid impairing the vision of passing motorists.
§ 212-2307. General Sign Requirements.
A. The height of freestanding signs shall be measured from the average grade at the sign to the top
of the sign. Freestanding signs shall not overhang sidewalks.
B. Parallel signs shall not extend beyond the edge of any wall or other surface to which they are
mounted or shall not project more than six (6) inches from its surface.
C. Wall mounted signs shall not project more than two (2) feet from the wall or surface to which
they are mounted, shall not extend beyond the edge of any wall or other surface to which they
are mounted, shall be at least eight (8) feet to the bottom of the sign above the ground level
immediately below and shall not in any way interfere with normal pedestrian or vehicular traffic.
§ 212-2308. Signs Permitted in Residential Districts.
A. All signs in R-1, R-2, R-3 and R-4 residential districts shall be reviewed and approved by the
Building Inspector/Zoning Officer based upon the following criteria:
1. Residential developments shall be permitted to have one (1) housing development sign per
entrance to the development.
a. A housing development sign shall be limited in height to not more than six (6) feet
above the natural grade and shall be limited to thirty-two (32) square feet in area.
Housing development signs shall be located within a sign easement and outside the
Triangle of Sight. Housing development signs shall be subject to the criteria and
standards of this Chapter and additional standards of the governing body.
b. Housing development signs shall be indirectly illuminated or lighted by the general
lighting of the area. The area around the housing development sign shall be landscaped
and maintained by the developer or the homeowner's association in accordance with the
standards of this Chapter. Any such signs shall be erected in a permanent easement.
2. Non-illuminated signs displayed strictly for the direction, safety or convenience of the
public, including signs which identify rest rooms, telephone booths, parking area entrances
or exits, freight entrances or the like, provided that the area of any one (1) side of any such
sign shall not exceed two (2) square feet.
3. On a residential property one (1) non-illuminated sign may be posted in conjunction with
doorbells or mailboxes, provided that the area on any one (1) side of any such sign shall not
exceed thirty-six (36) square inches.
4. On a residential property one (1) sign for home occupation, may be posted provided that the
area of any such sign shall not exceed two hundred (200) square inches.
5. One (1) non-illuminated or indirectly illuminated sign may be posted on a property for a
permitted institutional use (per § 212-404), provided that the area on any one (1) side of any
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such sign shall not exceed twenty (20) square feet. Electronic changeable copy signs are not
permitted.
6. On a residential property one (1) non-illuminated or indirectly illuminated sign in
connection with a lawfully maintained nonconforming use, provided that the area on any one
(1) side of any such sign shall not exceed twelve (12) square feet.
7. One (1) non-illuminated real estate sign may be posted on a property, provided that the area
of any such sign shall not exceed six (6) square feet and such sign shall be removed upon
settlement or rental of the property.
8. On a residential property one (1) temporary non-illuminated site development sign, provided
that the erection of any such sign shall not exceed thirty-two (32) square feet in area and
shall be removed not more than twenty (20) days after the sale or lease of the last unit.
9. Signs announcing no trespassing, signs indicating the private nature of the road, driveway or
premises, and signs controlling the fishing or hunting on the premises may be posted on a
property, provided that the area of any one (1) side of any such sign shall not exceed two
hundred (200) square inches.
10. Temporary non-illuminated off-premises signs shall be subject to the following
requirements:
a. Permission is granted by a property owner, in writing, that a sign shall be erected.
b. Signs shall not exceed twenty (20) square feet in area.
c. Signs shall not be posted earlier than four (4) weeks before the occurrence of the
subject exhibit, show or event and shall be removed within one (1) week after the
termination of the exhibit, show or event.
11. Temporary off-premises real estate signs shall be permitted on Tuesdays from 8:00am to
7:00pm and weekends beginning 8:00am Saturday morning and ending 7:00pm Sunday
evening. These signs shall not exceed six (6) square feet in area. Multiple posting of the
same sign is prohibited, at any given location.
B. General regulations in residential districts.
(1) Freestanding signs shall not exceed six (6) feet to the top of the sign.
(2) Wall signs or portions of such signs shall not be located more than twelve (12) feet above
the ground level immediately below such sign.
§ 212-2309. Signs in Mixed Use Districts.
A. All signs permitted in § 212-2308.A shall follow the standards prescribed therein except as
otherwise provided in this section.
B. All signs in M-1, M-2 and M-3 mixed use districts shall be reviewed and approved by the
Building Inspector/Zoning Officer based upon the following criteria:
(1) Single-tenant commercial buildings shall be permitted to have one (1) building sign per
street frontage. Multi-tenant buildings shall be permitted to have one (1) building sign per
tenant.
a. The total area of the building sign(s) shall not exceed one (1) square foot for each foot of
length of the front building wall or length of that portion of such wall which is devoted
to such establishment. The total area of building sign(s), however, shall not in any case
exceed sixty (60) square feet.
b. If such an establishment does not occupy any floor area on the ground level of the
building other than the entranceway, the maximum sign area per foot length of the front
building wall or portion shall only be one half (1/2) square foot.
(2) Single-tenant buildings shall be permitted to have one (1) freestanding sign. Multi-tenant
buildings shall be permitted to have one (1) freestanding sign.
a. Freestanding ground/monument signs shall not exceed thirty-two (32) square feet in area
and five (5) feet in height.
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. A multi-tenant building shall be permitted by conditional use one (1) additional
freestanding sign. The sign permits shall be issued in the name of the lot owner or his
agent rather than the name of the individual business enterprise requesting a particular
sign. The sign shall be a ground/monument sign. The area of said sign shall not exceed
thirty-two (32) square feet and the height shall not exceed five (5) feet.
c. Office Space Available or For Rent signs shall not exceed ten (10) square feet in size.
(3) Automotive service stations are permitted one (1) pole/pylon sign at a height not to exceed
fifteen (15) feet from the top of the sign to the curb, and which may include an electronic
changeable copy sign to display current prices. Such stations shall be permitted by
conditional use one (1) additional ground/monument sign not to exceed twenty (20) square
feet in area and not be higher than five (5) feet in height.
(4) Signs for multi-tenant buildings located within five hundred (500) feet of an interstate
interchange shall be permitted subject to the following conditions:
a. One (1) ground/monument sign not to exceed five (5) feet in height from the top of the
sign to the curb;
b. Each interior business shall be permitted one (1) illuminated building sign, the total area
of which shall not exceed one and six tenths (1.6) square foot per one (1) foot of length
of the front building wall or length of the portion of such wall which is devoted to such
establishment. Corner buildings shall be divided by the total square feet of the signage
permitted by the two (2) sides. The total surface area of said signs shall not, however,
exceed sixty (60) square feet; and.
c. One (1) additional building sign for the overall development is permitted, provided that
it shall not exceed twenty-five (25) square feet in area.
(5) Governmental signs are permitted in M-1, M-2 and M-3 mixed use zoning districts are
subject to the following criteria:
a. The area of the signs may not exceed two hundred (200) square feet;
b. Signs may be electronic changeable copy signs. If the sign is an electronic changeable
copy sign it shall not exceed one hundred fifty (150) square feet in area; and
c. Signs shall not exceed thirty (30) feet in height.
(6) Billboards shall be permitted provided that they meet the following requirements:
a. No billboard sign shall exceed two hundred fifty (250) square feet in area. Billboards
with electronic changeable copy shall not exceed one hundred (100) square feet in area;
b. All illuminated billboard signs shall be indirectly illuminated;
c. Billboard signs are permitted in the M3 mixed use district only;
d. No billboard shall be erected or maintained on a zoning lot abutting or on a zoning lot
opposite a frontage in an R1, R2, R3 or R4 district;
e. The average measurement from the bottom of the sign face to the ground level
immediately below the billboard shall not exceed twenty-five (25) feet;
f. No billboard shall in any way interfere with normal pedestrian or vehicular traffic;
g. All billboards shall be approved by the Zoning Officer in compliance with the
provisions of this Article;
h. No billboard’s sign face shall be located closer than five (5) feet from a street or
property line; and
i. No billboard shall be erected within five hundred (500) feet of an existing billboard in
the same direction of travel along a public way.
§212-2310. Permit Procedure.
A. Permit Procedure. All signs, except those included in the “Exempted Section” require a sign
permit in accordance with the Borough’s permit application requirements and will include at
least the following standards:
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(1) A scaled site plan;
(2) Sign illumination plan;
(3) Colored, scaled construction drawings of the proposed sign and all its elements; and
(4) A digital photograph depicting the proposed sign location with proposed sign depicted in the
photograph.
§ 212-2311. Manner of Construction; Maintenance.
A. Maintenance Standards.
(1) Signs shall be maintained in a safe and secure condition, in compliance with all building and
electrical codes, and in conformance with this Chapter.
(2) All signs except temporary signs shall be constructed of durable material and kept in good
condition and repair.
§ 212-2312. Nonconforming Signs.
Signs existing at the time of passage of this Chapter and which do not conform to the requirements
of the Chapter shall be considered nonconforming signs and once removed shall be replaced only
with conforming signs; however, nonconforming signs shall be repainted or repaired or poster panels
may be changed, provided that such repainted or repaired sign does not exceed the dimensions of the
existing sign.
§ 212-2313. Reserved.
§ 212-2314. Signs Within Right-of-Way.
A. No signs, except those of a duly constituted governmental body, including traffic signs and
similar regulatory notices, shall be allowed within public rights-of-way.
B. No portion of any freestanding or projecting sign shall be located over the public right-of-way. If
this requirement cannot be met, then freestanding or projecting signs shall be prohibited on such
properties.
§ 212-2315. Zoning Permit for Large Signs.
All signs over six (6) square feet in overall area shall require the issuance of a zoning permit before
erection or replacement.
§212-2316. Abandoned Signs.
A sign face must be removed within fifteen (15) calendar days of final closure of the business, loss
of lease, vacating of the premise, or any event where the services are discontinued, or any event
where the subject, business, or service ceases to operate or occupancy is terminated on the premise
on which the sign is located.
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ARTICLE 2400. Nonconforming Uses and Structures.
§ 212-2401. Registration.
Beginning on the effective date of this chapter, the Borough Zoning Officer is authorized to register
any nonconforming uses and nonconforming structures in accordance with § 212-2519. Upon the
Zoning Officer's identification of the existence of a nonconforming use or nonconforming structure,
he shall so notify the landowner, in writing, who in turn shall, within sixty (60) days of receipt of
such notice, apply for a certificate of occupancy with respect to such nonconforming use or
nonconforming structure.
§ 212-2402. Continuation.
A nonconforming use of a building, structure or land or use of a nonconforming building, structure
or lot, existing and lawful at the time of enactment of this Chapter or at the time of any amendment
hereto, may continue except as hereinafter provided.
§ 212-2403. Enlargement and Movement of Use.
A. A nonconforming use may be expanded, extended or enlarged within the boundaries of the
zoning lot on which it is located within the setback lines as stated in this Chapter or as permitted
by law.
B. No nonconforming use shall be moved, in whole or in part, to another district. No
nonconforming use shall be moved, in whole or in part, to another portion of the zoning lot on
which it is located, unless such portion of the zoning lot was devoted to the nonconforming use
upon the effective date of this Chapter or the applicable amendment thereto.
§ 212-2404. Reconstruction and Restoration of Destroyed Structure.
A nonconforming structure or building containing a nonconforming use wholly or partially
destroyed by fire, explosion, flood or other natural phenomenon, or legally condemned, may be
reconstructed, restored and used for the same nonconforming use or, in the case of a nonconforming
building or structure, it may continue as a nonconforming building or structure, provided that
reconstruction and restoration of the building or structure shall be commenced within one (1) year of
the date of destruction or condemnation of the building or structure and shall be carried on to
completion within two (2) years of the start of reconstruction.
§ 212-2405. Abandonment.
If a nonconforming use of a building, structure or land is abandoned for a continuous period of one
(1) year, thereafter use of such building, structure or land shall be in conformance with the
provisions of the zoning district where the building or land is located. With regard to both mixed use
and singular use of buildings, structures or land, abandonment shall commence upon cessation of the
nonconforming use.
§ 212-2406. Change of Use.
A nonconforming use may be changed only to a conforming use as provided in the applicable zoning
district regulations, and once changed to a conforming use, no structure, building or land shall be
permitted to revert to a nonconforming use. For purposes of this section, a change is not effected by
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either normal repairs and maintenance for upkeep purposes or the provision of modern
instrumentalities, necessary and helpful to reasonable continuation of the nonconforming use, which
instrumentalities, either by nature or extent, do not act to change the nonconforming use to a
different nonconforming use.
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ARTICLE 2500. Administration
§ 212-2501. Powers and Duties of Zoning Officer.
The provisions of this Chapter shall be administered and enforced by a Zoning Officer who shall be
appointed by the governing body. The Zoning Officer or designee as approved by the Borough
Council shall have the power to:
A. Receive and examine all applications for building permits and certificates of occupancy.
B. Process building permit and certificate of occupancy applications for all permitted uses.
C. Issue permits only where there is compliance with the provisions of this Chapter, with other
municipal ordinances and with the laws of the commonwealth. Permits for construction of uses
requiring a variance shall be issued only upon order of the Zoning Hearing Board or upon a final
order of a court of competent jurisdiction. Permits requiring conditional use approval by the
governing body shall be issued only after receipt of approval from the governing body.
D. Receive applications for variances and appeals and forward these applications to the Zoning
Hearing Board for action thereon.
E. Following refusal of a permit, receive applications for interpretation appeals and variances and
forward these applications to the Zoning Hearing Board for action thereon.
F. Conduct inspections and surveys to determine compliance or noncompliance with the terms of
this Chapter.
G. Pursuant to Section 616.1 of the Pennsylvania Municipalities Planning Code, issue stop, cease
and desist orders and order, in writing, correction of all conditions found to be in violation of the
provisions of this Chapter. Such written orders shall be served personally or by certified mail
upon persons deemed by the Zoning Officer to be violating the terms of this Chapter. It shall be
unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any
person violating any such order shall be guilty of a violation of this Chapter.
H. With the approval of the governing body or when directed by it, institute in the name of the
municipality any appropriate action or proceeding to prevent unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate
such violation, so as to prevent the occupancy of or use of any building, structure or land; or to
prevent any illegal act, conduct, business or use in or about such premises.
I. Revoke any order or zoning permit issued under a mistake of fact or contrary to the law or the
provisions of this Chapter.
J. Record and file all applications for building permits and certificates of occupancy with
accompanying plans and documents. All applications, plans and documents shall be a public
record.
K. Maintain a map or maps showing the current zoning classification of all land in the municipality.
L. Register nonconforming structures and uses of lots in accord with the provisions of § 212-2401.
§ 212-2502. Building and Zoning Permits.
A. Hereafter, no land use may be established or changed, no structure or building may be erected,
constructed, reconstructed, altered, razed or removed and no building or structure may be used
or occupied or changed in use until a zoning permit has been secured from the Zoning Officer.
In the instances where a building permit is required and applied for, such application shall be
considered for both the building permit and the zoning permit. In those instances where no
building permit is required, an application for a certificate of occupancy for a new or changed
use of land shall be considered both an application for a certificate of occupancy and the zoning
permit. On receipt of the zoning permit, the applicant shall certify that he has knowledge of the
terms of the permit and the penalty that can be invoked for violation.
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B. Occupancy permits.
(1) The signatory to the building permit application and/or the owner is responsible for securing
an occupancy permit for any new, altered or enlarged structure, and the occupancy permit
shall be obtained prior to the structure's being inhabited by human beings. When approval
from the Pennsylvania Department of Labor and Industry is required, such permit shall be
issued or denied within fifteen (15) days after the final construction inspection. The owner
or new tenant of an existing building not requiring alterations, shall secure an occupancy
permit prior to the structure's being inhabited by human beings. Approval from the
Pennsylvania Department of Labor and Industry, if required, shall be secured prior to the
issuance of said occupancy permit, and such permit shall be issued or denied within fifteen
(15) days of the filing of the application.
(2) The occupancy permit in every instance shall be posted at all times, in a conspicuous place
within the structure.
§ 212-2503. Application for Zoning Permit.
A. In those instances where a zoning permit is applied for, as set forth in § 212-2502, the
application shall be made, in writing, by the owner, tenant, vendee under contract of sale or
authorized agent on a form supplied by the municipality and shall be filed with the Zoning
Officer or his designee. The application shall include the following information:
(1) A statement as to the proposed use of the building or land;
(2) A land development plan drawn to scale showing the location, dimensions and height of
proposed buildings, structures or uses and any existing buildings in relation to property and
street lines. If the application relates to property scheduled to be developed in successive
stages, such plans shall show the relationship of the portion scheduled for initial
development to the proposed layout of the entire property;
(3) A landscaping plan showing the location, dimensions and arrangements of all open spaces
and yards, including landscaping and bufferyards;
(4) The location, size, arrangement and capacity of all areas to be used for motor vehicle access,
off-street parking, off-street loading and unloading and provisions to be made for lighting
such areas;
(5) The dimensions, location and methods of illumination for signs, if applicable;
(6) The location and dimensions of sidewalks and all other areas to be devoted to pedestrian
use;
(7) Provisions to be made for treatment and disposal of sewage and industrial wastes, water
supply and storm drainage;
(8) The capacity and arrangement of all buildings used or intended to be used for dwelling
purposes, including the proposed density in terms of number of dwelling units per acre of
land;
(9) A description of any proposed industrial or commercial operations in sufficient detail to
indicate effects of those operations in producing noise, glare, air pollution, water pollution,
fire hazards, traffic congestion or other safety hazards;
(10) Description of methods to be employed in controlling any excess noise, air pollution, smoke,
fumes, water pollution, fire hazards or other safety hazards; and
(11) Any other data deemed necessary by the Zoning Officer to enable him to determine the
compliance of the proposed development with the terms of this Chapter.
B. It is recognized that the information required above for zoning permit applications may be
duplicative of that required of the building permit applicant by other sections of this Chapter.
The Zoning Officer, in his discretion, may consider a single application as satisfying the
requirements of this section and other sections regarding building permit applications.
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§ 212-2504. Building Permit Required and Issuance.
A. No building or structure shall be erected, added to or structurally altered until a permit therefore
has been issued by the Building Code Official in accordance with PA UCC requirements.
B. No building permit shall be issued for any building where said construction, addition or
alteration of use thereof would be in violation of any of the provisions of this Chapter, except
after written order from the Zoning Hearing Board. Any building permit issued in conflict with
the provisions of this Chapter shall be null and void.
§ 212-2505. Materials to Accompany Building Permit Application.
All applications for building permits shall be accompanied by plans prepared by a certified
professional engineer or architect licensed in the Commonwealth of Pennsylvania, drawn to scale,
showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on
the lot of building(s) already existing, if any, and the location and dimensions of the proposed
building(s) or alteration(s). The application shall include such other information as lawfully may be
required by the Zoning Officer, including existing or proposed uses of the building(s) and land, the
number of families, housekeeping units or rental units the building(s) is designed to accommodate,
conditions existing on the lot and such other matters as may be necessary to determine conformance
with and provide for the enforcement of this Chapter.
§ 212-2506. Approval of Zoning Permit May Require Plan Changes.
In approving an application for a building permit, the Zoning Officer may require such changes in
plans for construction, addition or alteration of use of such building(s) or lot(s) as may be necessary
to assure compliance with this Chapter.
§ 212-2507. Revocation and Withdrawal of Permit.
A building permit for any zoning or use may be revoked and withdrawn by the Zoning Officer if the
holder of the zoning permit has failed to comply with the requirements of this Chapter or with any
conditions attached to the issuance of the permit, and the holder of the zoning permit may be subject
to penalties as provided by this Chapter.
§ 212-2508. Action on Zoning Permit Application.
A. The Zoning Officer shall act upon an application for a zoning permit no later than ninety (90)
days after receiving the application.
B. One (1) copy of the plan shall be returned to the applicant by the Zoning Officer after he shall
have marked such copy either as approved or disapproved and attested to same by his signature
on such copy. The second copy of the plan, similarly marked, shall be retained by the Zoning
Officer.
§ 212-2509. Zoning Permit Expiration When Work Slow to Commence.
If the work described in any zoning permit has not begun within ninety (90) days from the date of
issuance thereof, or ninety (90) days after the effective date of this Chapter, said permit shall expire,
it shall be canceled by the Zoning Officer, and written notice thereof shall be given to the persons
affected.
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§ 212-2510. Zoning Permit Expiration if Work Not Completed.
If the work described in any zoning permit has not been substantially completed within two (2) years
of the date of issuance thereof, said permit shall expire and be canceled by the Zoning Officer, and
written notice thereof shall be given to the persons affected, together with notice that further work as
described in the canceled permit shall not proceed unless and until a new building permit has been
obtained.
§ 212-2511. Building Commenced Prior to Effective Date of Chapter.
All buildings for which permits have been obtained and the construction of which has begun, or for
which a contract or contracts have been let pursuant to a permit issued prior to the effective date of
this Chapter, may be completed and used in accordance with the plan on which said permit was
granted
§ 212-2512. Permit Fees.
A. Applications for permits relative to structure and land use shall be accompanied by an
application fee, payable to the Borough of Franklin Park, in accordance with the schedules
adopted by resolution from time to time.
B. Escrow funds shall be held in interest-bearing accounts by the Borough, and any unused
balances, including interest earned, shall be refunded to the permittee. Costs incurred in excess
of the escrow funds shall be paid by the permittee to the Borough prior to the issuance of any
subsequent permits.
C. When the Borough Manager considers the use of outside professional services to be necessary to
review plans submitted, the manager may engage such professionals as may be necessary to
conduct said review, with the cost therefor being paid by the applicant.
§ 212-2513. Certificate of Occupancy Required.
It shall be unlawful to use or occupy or permit the use or occupancy of any building, tenant space or
lot, or part thereof, hereafter erected, connected or wholly or partly altered or enlarged in its use or
structure until a certificate of occupancy has been issued therefor by the Zoning Officer. Said
certificate of occupancy shall state that the proposed use of the building, tenant space or land
conforms to the requirements of this Chapter.
§ 212-2514. Certificate of Occupancy for Nonconforming Uses.
No nonconforming uses of land shall be maintained, renewed, changed or extended until a certificate
of occupancy has been issued by the Zoning Officer therefor. After enactment or amendment of this
Chapter, and upon notification by the Zoning Officer, owners or occupants of nonconforming uses
shall apply for certificates of occupancy. All certificates of occupancy for nonconforming uses shall
state specifically wherein the nonconforming use differs from the provisions of this Chapter.
§ 212-2515. Application for Certificate of Occupancy.
A. Certificates of occupancy shall be applied for coincident with the application for a building
permit and shall be issued within five (5) working days after the erection or alteration has been
completed, inspected by the Zoning Officer and approved by said Zoning Officer as complying
with the provisions of this Chapter.
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B. Application for certificates of occupancy for a new or changed use of land, or tenant where no
building permit is required shall be made directly to the office of the Zoning Officer. Certificates
of occupancy shall be issued or written notice stating why a certificate of occupancy cannot be
issued shall be given to the applicant no later than ten (10) days after the application has been
received by the Zoning Officer.
§ 212-2516. A temporary Certificate of Occupancy.
A temporary certificate of occupancy may be issued by the Zoning Officer for a period not
exceeding six (6) months during alterations as partial occupancy of a building pending its
completion, provided that such temporary certificate may require such conditions and safeguards as
will protect the safety of the occupants and the public.
§ 212-2517. Failure to Obtain Certificate of Occupancy.
Failure to obtain a certificate of occupancy shall be a violation of this Chapter and may be subject to
penalties as provided in this Chapter.
§ 212-2518. Records of Certificates of Occupancy.
The Zoning Officer shall maintain a record of all certificates of occupancy, and copies shall be
furnished, upon request, to any person having a proprietary or tenancy interest in the building or lot
affected.
§ 212-2519. Registration of Nonconforming Uses and Structures.
A. In accordance with Article 2400 of this Chapter, owners or occupants of nonconforming uses
shall apply for a certificate of occupancy. Approval of such application will constitute
registration of the nonconforming structures and uses.
B. If the owner of a nonconforming structure or use fails to apply for a certificate of occupancy
within thirty (30) days after receipt of the Zoning Officer's notice, the use ceases to be
nonconforming and is hereby declared to be in violation of this Chapter. At the direction of the
governing body, the Zoning Officer shall take appropriate action to cause such violation to
cease.
C. If the Zoning Officer shall find, upon reviewing the application for an occupancy permit, that the
existing use is illegal or in violation of other ordinances or laws or if he finds that the building
for which the permit is requested has been constructed or altered for the existing use or any other
use without full compliance with the building standards or the zoning ordinance in effect at the
time of construction or alteration, he shall not issue the permit but shall declare such use to be in
violation of this Chapter.
D. Upon the change of any nonconforming structure or use to a conforming structure or use, the
owner or occupant of such use may request that such use be deleted from any list of or map
showing nonconforming structures or uses.
§ 212-2520. Violations and Penalties.
A. 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 therefore in a civil enforcement
proceeding commenced by the Borough, pay a judgment of not more than five hundred dollars
($500), plus all court costs, including reasonable attorney fees incurred by the Borough as a
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esult thereof. No judgment shall commence or be imposed, levied or payable until the date of
the determination of a violation by the District Justice. 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 District Justice determining that there has been a violation further determines that there was a
good faith basis for the person, partnership or corporation violating the ordinance to have
believed that there was no such violation, in which event there shall be deemed to have been
only one (1) such violation until the fifth day following the date of the determination of a
violation by the District Justice, and thereafter, each day that a violation continues shall
constitute a separate violation. All judgments, costs and reasonable attorney fees collected for
the violation of this Chapter shall be paid over to the Borough.
B. 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.
C. 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 to this section.
§ 212-2521. Remedies to Prevent or Abate Violations.
In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of the provisions of this Chapter, the governing
body of the municipality or, with the approval of the governing body, an officer of the municipality,
in addition to other remedies, may institute in the name of the municipality any appropriate action or
proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or
about such premises, any act, conduct, business or use constituting a violation.
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ARTICLE 2600. Planning Commission
§ 212-2601. Formation; Statutory Authority.
The Franklin Park Borough Planning Commission has been formed in accordance with Article II of
the Pennsylvania Municipalities Planning Code, Act 247, as amended, in recognition of the land use
planning issues, concerns, problems and goals of the municipality.
§ 212-2602. Membership.
A. The membership of the Planning Commission shall consist of not fewer than three (3) nor more
than nine (9) members.
B. The term of office shall be four (4) years.
C. All members shall be residents of the municipality.
D. On all planning commissions appointed pursuant to the Pennsylvania Municipalities Planning
Code, Act 247, as amended, a certain number of the members, designated as "citizen members,"
shall not be officers or employees of the municipality. On a commission of three (3) members, at
least two (2) shall be citizen members. On a commission of four (4) or five (5) members, at least
three (3) shall be citizen members. On a commission of either six (6) or seven (7) members, at
least five (5) shall be citizen members and on Commissions of either eight (8) or nine (9)
members, at least six (6) shall be citizen members.
§ 212-2603. Removal of Members.
A. Any member of a planning commission once qualified and appointed may be removed from
office for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority
vote of the governing body which appointed the member, taken after the member has received
fifteen (15) days' advance notice of the intent to take such a vote. A hearing shall be held in
connection with the vote if the member shall request it in writing.
B. Any appointment to fill a vacancy created by removal shall be only for the unexpired term.
C. Planning Commission members who miss two (2) consecutive meetings without an excuse will
be subject to removal from the Planning Commission.
§ 212-2604. Comprehensive Plan.
Pursuant to Article II of the Pennsylvania Municipalities Planning Code, Act 247, as amended, the
Franklin Park Borough Planning Commission shall prepared a comprehensive plan for submission to
Borough Council.
§ 212-2605. Powers and Duties.
A. The Franklin Park Borough Planning Commission shall, at the request of the governing body,
have the power and shall be required to:
(1) Prepare the comprehensive plan for the development of the municipality as set forth in Act
247, as amended, and present it for the consideration of the governing body.
(2) Maintain and keep on file records of its action. All records and files of the Planning
Commission shall be in the possession of the governing body.
B. The Franklin Park Borough Planning Commission may, at the request of the governing body:
(1) Make recommendations to the governing body concerning the adoption or amendment of an
official map.
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(2) Prepare and present to the governing body of the Borough a zoning ordinance and make
recommendations to the governing body on proposed amendments to it as set forth in Act
247, as amended.
(3) Prepare, recommend and administer subdivision and land development and planned
residential development regulations, as set forth in Act 247, as amended.
(4) Prepare and present to the governing body of the Borough a building code and a housing
code and make recommendations concerning proposed amendments thereto.
(5) Do such other act or make such studies as may be necessary to fulfill the duties and
obligations imposed by Act 247, as amended.
(6) Prepare and present to the governing body of the Borough an environmental study.
(7) Submit to the appointing authority of the Borough a recommended capital improvements
program.
(8) Prepare and present to the governing body of the Borough a water survey, which shall be
consistent with the state water plan and any applicable water resources plan adopted by a
river basin commission. The water survey shall be conducted in consultation with any public
water supplier in the area to be surveyed.
(9) Promote public interest in, and understanding of, the comprehensive plan and planning
process.
(10) Make recommendations to governmental, civic and private agencies and individuals as to
the effectiveness of the proposals of the Planning Commission and individuals.
(11) Hold public hearings and meeting.
(12) Present testimony before any board.
(13) Require from other departments and agencies of the Borough such available information as
relates to the work of the Planning Commission.
(14) In the performance of its functions, enter upon any land to make examinations and land
surveys with the consent of the owner.
(15) Prepare and present to the governing body of the Borough a study regarding the feasibility
and practicability of using renewable energy resources in specific areas within the Borough.
(16) Review the zoning ordinance, subdivision and land development ordinance, official map,
provisions for planned residential development, and such other ordinances and regulations
governing the development of land no less frequently than it reviews the comprehensive
plan.
C. In the performance of its powers and duties, any act or recommendation of the Planning
Commission which involves engineering consideration shall be subject to review and comments
of the municipal engineer, which shall be incorporated and separately set forth in any report,
written act or recommendation of the Planning Commission.
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ARTICLE 2700. Zoning Hearing Board
§ 212-2701. Appointment and Membership.
The membership of the Zoning Hearing Board shall consist of five (5) residents of the Borough
appointed by resolution of the Borough Council. Their terms of office shall be five (5) years and
shall be so fixed that the term of office of one (1) member shall expire each year. The Zoning
Hearing Board shall promptly notify Borough Council when vacancies occur. Appointments to fill
vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board
shall hold no other office in the Borough.
§ 212-2702. Alternate Members.
A. Appointment of alternative members. Borough Council may appoint by resolution at least one
(1), but no more than three (3), residents of the Borough to serve as alternate members of the
Zoning Hearing Board. The term of office of an alternate member shall be three (3) years. When
seated pursuant to the provisions of § 212-2702.B., an alternate shall be entitled to participate in
all proceedings and discussions of the Zoning Hearing Board to the same and full extent as
provided by law for board members, including specifically the right to cast a vote as a voting
member during the proceedings and shall have all the power and duties set forth in this Chapter
and as otherwise provided by law. Alternates shall hold no other office in the Borough, including
membership on the Planning Commission and Zoning Officer. Any alternate may participate in
any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a
member of the Zoning Hearing Board nor be compensated pursuant to § 212-2708, unless
designated as a voting alternate member pursuant to § 212-2702.B.
B. Participation by alternate members. If, by reason of absence or disqualification of a member, a
quorum is not reached, the chairman of the Zoning Hearing Board shall designate as many
alternate members to sit on the Board as may be needed to provide a quorum. Any alternate
member of the Zoning Hearing Board shall continue to serve on the Board in all proceedings
involving the matter or case for which the alternate was initially appointed until the Board has
made a final determination of the matter or case. Designation of an alternate pursuant to this
subsection shall be made on a case by case basis in rotation according to declining seniority
among all alternates.
§ 212-2703. Removal of Members.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for
other just cause by a majority vote of the Borough Council, taken after the member has received
fifteen (15) days' advance notice of the intent to take such a vote. A hearing shall be held in
connection with the vote if the member shall request it in writing.
§ 212-2704. Officers.
The Zoning Hearing Board shall elect, from its own membership, its officers, who shall serve annual
terms and may succeed themselves.
§ 212-2705. Quorum.
For the conduct of any hearing and the taking of any action, a quorum shall be not less than a
majority of all the members of the Zoning Hearing Board, but the Board may appoint a hearing
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officer from its own membership to conduct any hearing on its behalf, and the parties may waive
further action by the Board as provided in § 212-2712.C.
§ 212-2706. Rules of Procedure.
The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent
with the ordinances of the Borough and the laws of the commonwealth.
§ 212-2707. Records to be Kept; Annual Report.
The Zoning Hearing Board shall keep full public records of its business, which records shall be the
property of the Borough, and shall submit a report of its activities to Borough Council once a year.
§ 212-2708. Reserved.
§ 212-2709. Jurisdiction of the Board.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in
the following matters:
A. Substantive challenges to the validity of any land use ordinance, except landowner curative
amendments brought before Borough Council, brought in accordance with the procedures
specified in Section 916.1 of the Pennsylvania Municipalities Planning Code.
B. Reserved.
C. Appeals from the determination of the Zoning Officer, including, but not limited to, the granting
or denial of any permit, or failure to act on the application therefor, the issuance of any cease
and desist order or the registration or refusal to register any nonconforming use, structure or lot.
D. Appeals from a determination by the Borough engineer or the Zoning Officer with reference to
the administration of any floodplain or flood hazard ordinance or such provisions within a land
use ordinance.
E. Applications for variances from the terms of this Chapter and flood hazard ordinance or such
provisions within a land use ordinance pursuant to § 212-2710.
F. Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania
Municipalities Planning Code (Act 247, as amended).
G. Appeals from the determination of the Zoning Officer or Borough engineer in the administration
of any land use ordinance or provision thereof with reference to sedimentation and erosion
control and stormwater management insofar as the same relate to development not involving
subdivision and land development or planned residential development applications.
H. Appeals from the determination of any officer or agency charged with the administration of any
transfers of development rights or performance density provisions of this Chapter.
§ 212-2710. Variances.
A. The Zoning Hearing Board, upon appeal, shall have the power to authorize variances from the
requirements of this Chapter where it is alleged that the provisions of this Chapter inflicts
unnecessary hardship upon the appellant. A variance may be granted if all of the following
findings are made where relevant in a given case:
(1) There are unique physical circumstances or conditions, including irregularity, narrowness or
shallowness of lot size or shape, or exceptional topographical or other physical conditions
peculiar to the particular property and that the unnecessary hardship is due to such
conditions and not the circumstances or conditions generally created by the provisions of
this Chapter in the neighborhood or district in which the property is located;
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(2) Because of such physical circumstances or conditions, there is no possibility that the
property can be developed in strict conformity with the provisions of this Chapter and that
the authorization of a variance is therefore necessary to enable the reasonable use of the
property;
(3) Such unnecessary hardship has not been created by the appellant;
(4) The variance, if authorized, will not alter the essential character of the neighborhood or
district in which the property is located, nor substantially or permanently impair the
appropriate use or development of adjacent property, nor be detrimental to the public
welfare; and
(5) The variance, if authorized, will represent the minimum variance necessary to afford relief
and will represent the least modification possible of the regulation in issue.
B. In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and
safeguards as it may deem necessary to implement the purposes of this Chapter and protect the
public health, safety and welfare.
§ 212-2711. Conduct of Hearings.
A. A public hearing shall be held on any appeal filed under § 212-2709 of this Chapter within sixty
(60) days of filing a complete application, unless the applicant has agreed, in writing, to an
extension of time. Each subsequent hearing before the board or hearing officer shall be held
within forty-five (45) days of the prior hearing, unless otherwise agreed to by the applicant in
writing or on the record. An applicant shall complete the presentation of his case-in-chief within
100 days of the first hearing. Upon the request of the applicant, the board or hearing officer shall
assure that the applicant receives at least seven hours of hearings within the 100 days, including
the first hearing. Persons opposed to the application shall complete the presentation of their
opposition to the application within 100 days of the first hearing held after the completion of the
applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to
complete his case-in-chief provided the persons opposed to the application are granted an equal
number of additional hearings. Persons opposed to the application may, upon the written consent
or consent on the record by the applicant and the Borough, be granted additional hearings to
complete their opposition to the application provided the applicant is granted an equal number of
additional hearings for rebuttal.
B. The public hearing shall be held pursuant to public notice, as defined by this Chapter. In addition
to the public notice, the Zoning Hearing Board shall give written notice to the applicant, the
Zoning Officer, the Borough Manager, the secretary of the Borough Planning Commission, the
president of Borough Council and to any person who has made timely request for the same.
Written notice of said public hearing shall also be conspicuously posted on the affected tract of
land at least one (1) week prior to the hearing.
C. The hearings shall be conducted by the Zoning Hearing Board or the Board may appoint any
member or an independent attorney as a hearing officer. The decision, or where no decision is
called for the findings, shall be made by the Board; however, the appellant or the applicant, as
the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive
decision or findings by the Board and accept the decision or findings of the hearing officer as
final.
D. The parties to the hearing shall be the Borough, any person affected by the application who has
made timely appearance of record before the Zoning Hearing Board, and any other person,
including civic or community organizations permitted to appear by the Board. The Zoning
Hearing Board shall have the power to require that all persons who wish to be considered parties
enter appearances, in writing, on forms provided by the Board for that purpose.
E. The chairman or acting chairman of the Board or the hearing officer presiding shall have the
power to administer oaths and issue subpoenas to compel the attendance of witnesses and the
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production of relevant documents and papers, including witnesses and documents requested by
the parties.
F. The parties shall have the right to be represented by counsel and shall be afforded the
opportunity to respond and present evidence and argument and cross-examine adverse witnesses
on all relevant issues. Formal rules of evidence shall not apply, but irrelevant, immaterial or
unduly repetitious evidence may be excluded.
G. The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic
record of the proceedings.
H. The Zoning Hearing Board or hearing officer shall not communicate, directly or indirectly, with
any party or his representatives in connection with any issue involved, except upon notice and
opportunity for all parties to participate, shall not take notice of any communication, reports,
staff memoranda or other materials, except advice from their solicitor, unless the parties are
afforded an opportunity to contest the material so noticed and shall not inspect the site or its
surroundings after the commencement of hearings with any party or his representative unless all
parties are given an opportunity to be present.
§ 212-2712. Rendering a Decision.
A. The Zoning Hearing Board or the hearing officer, as the case may be, shall render a written
decision or, when no decision is called for, make written findings on the application within
forty-five (45) days of the last hearing before the Board or hearing officer.
B. Where the application is contested or denied, each decision shall be accompanied by findings of
fact and conclusions based thereon together with the reasons therefor. Conclusions based on any
provision of the Pennsylvania Municipalities Planning Code or any Borough ordinance shall
contain a reference to the provision relied on and the reasons why the conclusions are deemed
appropriate in light of the facts found.
C. If the hearing is conducted by a hearing officer and there has been no stipulation that his
decision or findings are final, the Board shall make its report and recommendations available to
the parties within forty-five (45) days and the parties shall be entitled to make written
representations thereon to the Board prior to the final decision or entry of findings, and the
Board's decision shall be entered no later than thirty (30) days after the report of the hearing
officer.
D. A copy of the final decision, or where no decision is called for, of the findings shall be delivered
to the applicant personally or mailed to him not later than the day following the date of the
decision. To all other persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the
decision or findings and a statement of the place at which the full decision or findings may be
examined.
§ 212-2713. Failure to Render a Decision.
Except for substantive validity challenges, where the Board fails to render the decision within
the period required by § 212-2712.A. or fails to commence, conduct or complete the required
hearing as provided in § 212-2711.A., the decision shall be deemed to have been rendered in
favor of the applicant unless the applicant has agreed in writing or on the record to an extension
of time. When a decision has been rendered in favor of the applicant because of the failure of the
Board to meet or render a decision as hereinabove provided, the Board shall give public notice
of said decision within ten (10) days from the last day it could have met to render a decision in
the same manner as provided in § 212-2712.A. If the Board shall fail to provide such notice, the
applicant may do so. Nothing in this section shall prejudice the right of any party opposing the
application to appeal the decision to a court of competent jurisdiction.
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§ 212-2714. Mediation Option.
A. Parties to proceedings authorized by Article IX and Article X-A of the Municipalities Planning
Code may utilize mediation as an aid in completing such proceedings. In proceedings before the
Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or
participate as a mediating party. Mediation shall supplement, not replace, those procedures in
Article IX and Article X-A of the Municipalities Planning Code as enacted by the Borough once
they have been formally initiated. Nothing in this subsection shall be interpreted as expanding or
limiting municipal police powers or as modifying any principles of substantive law.
B. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be
determined by the particulars of each case and the willingness of the parties to negotiate. The
Borough shall assure that in each case, the mediating parties, assisted by the mediator as
appropriate, develop terms and conditions for:
(1) Funding mediation.
(2) Selecting a mediator who, at a minimum, shall have a working knowledge of municipal
zoning and subdivision procedures and demonstrated skills in mediation.
(3) Completing mediation, including time limits for such completion.
(4) Suspending time limits otherwise authorized in this Chapter or in the Pennsylvania
Municipalities Planning Code (Act 247, as amended), provided that there is written consent
by the mediating parties, and by an applicant or Borough decision-making body, if either is
not a party to the mediation.
(5) Identifying all parties and affording them the opportunity to participate.
(6) Subject to legal restraints, determining whether some or all of the mediation sessions shall
be open or closed to the public.
(7) Assuring that mediated solutions are in writing and signed by the parties, and become
subject to review and approval by the appropriate decision-making body pursuant to the
authorized procedures set forth in this Chapter.
C. No offers or statements made in the mediation sessions, excluding the final written mediated
agreement, shall be admissible as evidence in any subsequent judicial or administrative
proceedings.
§ 212-2715. Fees and Expenditures.
A. Fees. Borough Council may prescribe reasonable fees with respect to hearings before the Zoning
Hearing Board. Fees for said hearings may include compensation for the secretary and members
of the Zoning Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not include legal expenses of the
Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or
expert witness costs.
B. Stenographer's appearance fee and transcripts. The appearance fee for a stenographer shall be
shared equally by the applicant and the Board. The cost of the original transcript shall be paid by
the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the
person appealing from the decision of the Board if such appeal is made, and in either event the
cost of additional copies shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the cost thereof.
C. Expenditures. Members of the Board may receive compensation for the performance of their
duties as may be fixed by Borough Council, but in no case shall it exceed the rate of
compensation authorized to be paid to the members of Borough Council. Within the limits of
funds appropriated by Borough Council, the Board may employ or contract for secretaries,
clerks, legal counsel, consultants and other technical and clerical services. . Alternate members
of the Board may receive compensation, as may be fixed by Borough Council, for the
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performance of their duties when designated as alternate members pursuant to § 212-2702, but in
no case shall such compensation exceed the rate of compensation authorized to be paid to the
members of Borough Council.
§ 212-2716. Time Limitations.
A. No person shall file any proceeding before the Zoning Hearing Board later than thirty (30) days
after a preliminary or final application for development has been approved by an appropriate
Borough officer, agency or body, if such proceeding is designed to secure reversal or to limit the
approval in any manner, unless such person alleges and proves that he had no notice, knowledge
or reason to believe that such approval had been given. If such person has succeeded to his
interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
B. The failure of anyone, other than the landowner, to appeal from an adverse decision by a Zoning
Officer on a challenge to the validity of an ordinance or map filed pursuant to Section 916.2 of
the Municipalities Planning Code shall preclude an appeal from a final approval except in the
case where the final submission substantially deviates from the plans and other materials
submitted to the Zoning Officer for a preliminary opinion.
C. All appeals from determinations adverse to the landowner shall be filed by the landowner within
thirty (30) days after notice of the determination is issued.
§ 212-2717. Appeals and Stay of Proceedings.
A. Upon filing of any proceeding and during its pendency before the Board, all land development
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 stayed unless the Zoning Officer or any other
appropriate agency or body 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
stayed otherwise than by a restraining order, which may be granted by the Board or by the court
having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other
appropriate agency or body.
B. When an application for development, preliminary or final, has been duly approved and
proceedings designed to reverse or limit the approval are filed with the Board by persons other
than the applicant, the applicant may petition the court having jurisdiction of the zoning appeals
to order such persons to post bond as a condition to continuing the proceedings before the Board.
The question whether or not such petition should be granted and the amount of the bond shall be
within the sound discretion of the court.
C. All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the
Allegheny County Court of Common Pleas and shall be filed within thirty (30) days after the
entry of the decision or, in the case of a deemed decision, within thirty (30) days after the date
upon which notice of said deemed decision is given as required by Section 908(9) of the
Pennsylvania Municipalities Planning Code (Act 247, as amended).
§ 212-2718. Challenges to the Validity of the Ordinance on Substantive Grounds.
A. A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or
map or any provision thereof which prohibits or restricts the use or development of land in
which he has an interest shall submit the challenge either:
(1) to the Zoning Hearing Board under § 212-2709.A.; or
(2) to the Borough Council under § 212-2802.H.
B. Persons aggrieved by a use or development permitted on the land of another by an ordinance or
map, or any provision thereof, who desires to challenge its validity on substantive grounds shall
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first submit their challenge to the Zoning Hearing Board for a decision thereon under § 212-
2709.A.
C. The submissions to the Zoning Hearing Board shall be governed by the following:
(1) The challenging party shall make a written request to the Board that it hold a hearing on its
challenge. The request shall contain the reasons for the challenge, and may contain a
proposed amendment, plans and explanatory material.
(2) Based upon the testimony presented at the hearing or hearings, the Board shall determine
whether the challenged ordinance or map is defective, as alleged by the landowner. If a
challenge heard by the Board is found to have merit, the decision of the Board shall include
recommended amendments to the challenged ordinance which will cure the defects found. In
reaching its decision, the Board shall consider the amendments, plans and explanatory
material submitted by the landowner and shall also consider:
a. the impact of the proposal upon roads, sewer facilities, water supplies, schools and other
public service facilities;
b. if the proposal is for a residential use, the impact of the proposal upon regional housing
needs and the effectiveness of the proposal in providing housing units of a type actually
available to and affordable by classes of persons otherwise unlawfully excluded by the
challenged provisions of the ordinance or map;
c. the suitability of the site for the intensity of use proposed by the site's soils, slopes,
woodlands, wetlands, flood plains, aquifers, natural resources and other natural features;
d. the impact of the proposed use on the site's soils, slopes, woodlands, wetlands, flood
plains, natural resources and natural features, the degree to which these are protected or
destroyed, the tolerance of the resources to development and any adverse environmental
impacts; and
e. the impact of the proposal on the preservation of agriculture and other land uses which
are essential to public health and welfare.
(3) The Board shall render its decision within forty-five (45) days after the conclusion of the last
hearing. If the Board fails to act on the landowner's request within this time limit, a denial
of the request is deemed to have occurred on the forty-sixth (46 th ) day after the close of the
last hearing.
D. The Board shall commence its hearings within sixty (60) days after the request is filed unless the
landowner requests or consents to an extension of time.
E. Public notice of the hearing shall include notice that the validity of the ordinance or map is in
question and shall give the place where and the times when a copy of the request, including any
plans, explanatory material or proposed amendments may be examined by the public.
F. The challenge shall be deemed denied when:
(1) the Board fails to commence the hearing within the time limits set forth in this Section;
(2) the Borough Council notifies the landowner that it will not adopt the curative amendment;
(3) the Borough Council adopts another curative amendment which is unacceptable to the
landowner; or
(4) the Board fails to act on the request forty-five (45) days after the close of the last
hearing on the request, unless the time is extended by mutual consent by the landowner and
the Borough.
G. Where a validity challenge is sustained by the Board or the Court acts finally on appeal from
denial of a validity challenge, and the proposal or challenge so approved requires a further
application for subdivision or land development, the developer shall have two (2) years from the
date of such approval to file an application for preliminary or tentative approval pursuant to the
Subdivision and Land Development Ordinance. Within the two (2) year period, no subsequent
change or amendment in the zoning, subdivision or other governing ordinance or plan shall be
applied in any manner which adversely affects the rights of the applicant as granted in the
curative amendment or the sustained validity challenge. Upon the filing of the preliminary or
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tentative plan, the provisions of Section 508(4) of the Municipalities Planning Code shall apply.
Where the proposal appended to the curative amendment application or the validity challenge is
approved but does not require further application under any subdivision or land development
ordinance, the developer shall have one (1) year within which to file for a building permit.
Within the one (1) year period, no subsequent change or amendment in the zoning, subdivision
or other governing ordinance or plan shall be applied in any manner which adversely affects the
rights of the applicant as granted in the curative amendment or the sustained validity challenge.
During these protected periods, the Court shall retain or assume jurisdiction for the purpose of
awarding such supplemental relief as may be necessary.
H. A landowner who has challenged on substantive grounds the validity of a zoning ordinance or
map to the Board shall not submit any additional substantive challenges involving the same
parcel, group of parcels or part thereof until such time as the status of the landowner's original
challenge has been finally determined or withdrawn: Provided, however, That if after the date of
the landowner's original challenge the Borough adopts a substantially new or different zoning
ordinance or zoning map, the landowner may file a second substantive challenge to the new or
different zoning ordinance or zoning map under this Section.
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ARTICLE 2800. Amendments
§ 212-2801. Amendment After Recommendation by Planning Commission.
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the
Borough Council may, by ordinance, after receipt of recommendation thereon from the Planning
Commission and subject to the procedures provided by law, amend, supplement or change the
regulation, district, boundaries or classifications of property, now or hereafter established by the
Chapter or amendments thereof. It shall be the duty of the Planning Commission to submit its
recommendations regarding all applications or proposals for amendments or supplements to the
Borough Council.
§ 212-2802. Procedure for Amendments.
Applications for any change of district boundaries or classifications of property as shown on the
zoning map shall be submitted to the Planning Commission, through the Zoning Officer,, upon such
forms, and shall be accompanied by such data and information as may be prescribed for that purpose
by the Planning Commission, so as to assure the fullest practicable presentation of facts for the
permanent record. Each such application shall be verified by at least one (1) of the owners of
property within the area proposed to be reclassified, attesting to the truth and correctness of all facts
and information presented with the applications. Applications for amendments initiated by the
Planning Commission shall be accompanied by its motion pertaining to such proposed amendment.
A. Any person or persons desiring a change in the zoning classification of property shall file, with
the application for such change, a statement setting forth the names and addresses of the owners
of all properties situated within one thousand (1,000) feet of any part of the property the zoning
classification of which is proposed to be changed.
B. Before submitting its recommendations on a proposed amendment to the Borough Council, the
Planning Commission shall hold a public hearing thereon and give public notice. The notice
shall include information regarding text and map. . This subsection shall only apply to proposed
amendments initiated under § 212-2802.A.
C. In addition to the published notice as hereinbefore specified, the Planning Commission shall
give notice of the time, place and purpose of public hearings to be held by it on proposed
amendments or supplements by mailing a postal card or letter notice not less than fourteen (14)
days and not more than thirty (30) days prior to the date of hearing, to the owners of all
properties lying within one thousand (1,000) feet of any part of the property proposed to be
changed. The intention of this section is to provide, so far as may be possible, due notice to the
persons substantially interested in the proposed change that an application is pending before the
Planning Commission, proposing to make a change in the zoning map or the regulations set forth
in this Chapter.
D. The Planning Commission may recommend that the application be granted as requested, or it
may recommend a modification of the zoning amendment requested in the application, or it may
recommend that the application be refused. These recommendations shall then be certified to the
Borough Council. In the event of an adverse recommendation, any applicant or affected person
may, within ten (10) days of such certification, appeal the recommendation of the Planning
Commission to the Borough Council. Such appeal shall request that the Borough Council cause
an ordinance to be prepared and a public hearing scheduled on the applicant's request. In the
event that the applicant or affected person elects not to appeal the decision of the Planning
Commission, then a refund of $100 shall be made to the applicant or affected person by the
Borough Treasurer.
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E. Prior to the presentation of and hearing on any proposed ordinance amending, supplementing or
changing any regulations, restrictions or boundaries hereof, an informative notice of the
proposed enactment shall be given in the manner set forth in this section, and shall include the
time and place of the meeting at which passage will be considered, a reference to a place within
the Borough where copies of the proposed ordinance may be examined without charge or
obtained for a charge not greater than the cost thereof. The governing body shall publish the
proposed ordinance once in one (1) newspaper of general circulation in the Borough not more
than sixty (60) days nor less than seven (7) days prior to passage. Publication of the proposed
ordinance shall include either the full text thereof or the title and a brief summary, prepared by
the Borough solicitor and setting forth all the provisions in reasonable detail. If the full text is
not included:
(1) A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the
time the public notice is published.
(2) An attested copy of the proposed ordinance shall be filed in the county law library or other
county office designated by the county commissioners.
F. Before voting on the enactment of an amendment, the governing body shall hold a public
hearing thereof, pursuant to public notice. In the case of an amendment other than that prepared
by the Planning Commission, the governing body shall submit each such amendment to the
Planning Commission at least thirty (30) days prior to the hearing on such proposed amendment
to provide the Planning Commission an opportunity to submit recommendations. The
recommendation of the Planning Commission including a specific statement as to whether or not
the proposed action is in accordance with the objectives of the Borough’s Comprehensive Plan
shall be made in writing to the Borough Council within forty-five (45) days. If, after any public
hearing held upon an amendment, the proposed amendment is revised, or further revised, to
include land previously not affected by it, the governing body shall hold another public hearing,
pursuant to public notice, before the proceeding to vote on the amendment as revised or further
revised. At least thirty (30) days prior to the hearing on the ordinance by the local governing
body, the Borough Planning Commission shall submit the proposed ordinance to the county
planning agency for recommendations. The recommendation of the county planning agency
shall be made to the Borough Council within forty-five (45) days and the proposed action shall
not be taken until such recommendation is made. If, however, the county planning agency fails
to act within forty-five (45) days, the Borough Council shall proceed without its
recommendation.
G. Within thirty (30) days after enactment, a copy of the amendment to the zoning ordinance shall
be forwarded to the county planning agency.
H. A landowner who desires to challenge on substantive grounds the validity of an ordinance or
map or any provision thereof which prohibits or restricts the use or development of land in
which he has an interest may submit a curative amendment to the governing body with a written
request that his challenge and proposed amendment be heard and decided as provided in Section
609.1 of the Municipalities Planning Code Act 247, as amended. The governing body shall
commence a hearing thereon within sixty (60) days of the request as provided in Section 908 of
Act 247, as amended. The curative amendment shall be referred to the Planning Commission as
provided in § 212-2802.F., and notice of the hearing thereon shall be given as provided in § 212-
2802.E. of this Chapter, and Section 609.1 of Act 247, as amended. The hearing shall be
conducted in accordance with the following procedure:
(1) The president of the Borough Council shall have the power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents requested by the parties.
(2) The parties shall have the right to be represented by counsel and shall be afforded the
opportunity to respond and present evidence and argument and cross-examine adverse
witnesses on all relevant issues.
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(3) Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious
evidence may be excluded.
(4) The governing body shall keep 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.
(5) The governing body shall not communicate, directly or indirectly, with any party or his
representatives in connection with any issue involved except upon notice and opportunity for
all parties to participate, shall not take notice of any communication, reports, staff
memoranda or other materials unless the parties are afforded an opportunity to contest the
material so noticed and shall not inspect the site or its surroundings after the commencement
of hearings with any party or his or her representative unless all parties are given an
opportunity to be present.
(6) If the governing body has determined that a validity challenge has merit, it may accept the
landowner's curative amendment, with or without revision, or may adopt an alternative
amendment which will cure the challenged defects. The governing body shall consider the
curative amendments, plans and explanatory material submitted by the landowner and shall
also consider:
(a) the impact of the proposal upon roads, sewer facilities, water supplies, schools and other
public service facilities;
(b) if the proposal is for a residential use, the impact of the proposal upon regional housing
needs and the effectiveness of the proposal in providing housing units of a type actually
available to and affordable by classes of persons otherwise unlawfully excluded by the
challenged provisions of the ordinance or map;
(c) the suitability of the site for the intensity of use proposed by the site's soils, slopes,
woodland, wetlands, flood plains, aquifers, natural resources and other natural features;
(d) the impact of the proposed use on the site's soils, slopes, woodlands, wetlands, flood
plains, natural resources and natural features, the degree to which these are protected or
destroyed, the tolerance of the resources to development and any adverse environmental
impacts; and
(e) the impact of the proposal on the preservation of agriculture and other land uses which
are essential to public health and welfare.
(7) The governing body shall render a written decision or, when no decision is called for, make
written findings on the application within forty-five (45) days after the last hearing before
the governing body. Each decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons thereof. Conclusions based on any provisions of
this Chapter or of any ordinance, rule or regulation shall contain a reference to the provision
relied on and the reasons why the conclusion is deemed appropriate in the light of the facts
found.
(8) The challenge shall be deemed denied when:
(a) the governing body fails to timely commence the hearing;
(b) the governing body notifies the landowner that it will not adopt the curative
amendment;
(c) the governing body adopts another curative amendment which is unacceptable to
the landowner; or
(d) the governing body fails to act on the request 45 days after the close of the last
hearing on the request, unless the time is extended by mutual consent by the
landowner and Borough.
(9) A copy of the final decision or, where no decision is called for, of the findings shall be
delivered to the applicant personally or mailed to him not later than the day following the
date of this decision. To all other persons who have filed their name and address with the
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governing body not later than the last day of the hearing, the governing body shall provide,
by mail or otherwise, brief notice of the decision or findings and a statement of the place at
which the full decision or findings may be examined.
I. Procedure upon municipal curative amendments.
(1) TheBorough, by formal action, may declare its zoning chapter or portions thereof
substantively invalid and propose to prepare a curative amendment to overcome such
invalidity. Within thirty (30) days following such declaration and proposal, the governing
body of the Borough shall:
a. By resolution, make specific findings setting forth the declared invalidity of the zoning
chapter which may include references to specific uses which are either not permitted or
not permitted in sufficient quantity, reference to a class of use or uses which require
revision or reference to the entire chapter which requires revisions.
b. Begin to prepare and consider a curative amendment to the zoning chapter to correct the
declared invalidity.
(2) Enactment of curative amendment.
a. Within one hundred eighty (180) days from the date of the declaration and proposal, the
Borough shall enact a curative amendment to reaffirm the validity of its Zoning
Ordinance pursuant to the provisions required by Section 609.2 of the Municipalities
Planning Code, Act 247, as amended, to cure the declared invalidity of the zoning
chapter.
b. Within thirty (30) days of the enactment of a curative amendment, a copy of said
amendment shall be sent to the Allegheny County Planning Commission.
(3) Upon the initiation of the procedures, as set forth in § 212-2802.I.(1), the governing body
shall not be required to entertain or consider any landowner's curative amendment filed
under Section 609.1 of the Municipalities Planning Code, Act 247, as amended, nor shall the
Zoning Hearing Board be required to give a report requested under Section 909.1 or 913.2 of
the Municipalities Planning Code, Act 247, as amended, subsequent to the declaration and
proposal, based upon the grounds identical to or substantially similar to those specified in
the resolution required by § 212-2802.I.(1)a. Upon completion of the procedures as set forth
in § 212-2802.I.(1) and § 212-2802.I.(2), no right to a cure pursuant to the provisions of
Sections 609.1 of the Municipalities Planning Code, Act 247, as amended, shall, from the
date of the declaration and proposal, accrue to any landowner on the basis of the substantive
invalidity of the unamended zoning ordinance for which there has been a curative
amendment pursuant to this section.
(4) A Borough having utilized the procedures as set forth in § 212-2802.I.(1) and § 212-
2802.I.(2), may not again utilize said procedure for a thirty-six (36) month period following
the date of the enactment of a curative amendment or reaffirmation of the validity of its
zoning chapter pursuant to § 212-2802.I.(2); provided, however, that if after the date of
declaration and proposal there is a substantially new duty or obligation imposed upon the
municipality by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court
decision, the municipality may utilize the provisions of this section to prepare a curative
amendment to its ordinance to fulfill said duty or obligation.
§ 212-2803. Application Fees and Payment of Costs.
Applicants requesting zoning amendments, or applicants required to pay any fee under this Chapter,
shall pay the then current fee(s) established in the Borough Fee Resolution, at the time of
application.
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§ 212-2804. When Effective.
Pursuant to the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended
the effective date of this Chapter shall be the date on which the Franklin Park Borough Council has
formally adopted this Chapter.
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