blueprintcarnegie - ordinances

Zoning Ordinance

Additional sections are being added on a regular basis. If you need a particular section added as soon as possible, please contact the webmaster.

This is scanned in using an OCR program (Omnipage) and likely contains some errors; please email the webmaster about corrections.

This is not an official document, and this ordinance may have been amended since this was posted; for official purposes, consult the official printed copy available from the Borough offices. Please let us know if you find a section that needs to be updated.

BOROUGH OF CARNEGIE
ALLEGHENY COUNTY, PENNSYLVANIA

CHAPTER 27
BOROUGH CODE OF ORDINANCES
(ZONING ORDINANCE NO. 995)

BOROUGH OF CARNEGIE
ONE VETERANS WAY
CARNEGIE, PA 15106

CHAPTER 27

ZONING

(This Chapter is based on Ordinance 995, as enacted April 26, 1983, with modifications up to December 11, 2001)

Contents/Links

Article 1 - Basic Provisions

Article 2 - District Regulations

Article 3 - General Regulations

Article 4 - Conditional Uses and Planned Developments

Article 5 - Administration and Enforcement

Article 8 - Carnegie Parkway Protection Overlay District

Article 1
Basic Provisions

§101. Title. This ordinance may be cited as the "Carnegie Zoning and Planned Development Ordinance".

§103. Defined Words. Words used in a special sense in this ordinance are defined in Article 6.

§104. Community Development Objectives. The community development objectives which are the basis for the provisions of this ordinance are set forth in the Comprehensive Plan as adopted and amended by the Borough Council.

§105. Zoning Map. A map entitled "Carnegie Zoning District Map" is hereby adopted as a part of this ordinance. The Zoning Map shall be kept on file for examination in the offices of the Borough Secretary.

§106. Compliance. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged, nor shall any structure or land be altered or used, except in full compliance with all the provisions of this ordinance and after the lawful issuance of all permits and certificates required by this ordinance.

§107. Severability. If any provision of this ordinance or the application of any provision to particular circumstances is held to be invalid, the remainder of the ordinance or the application of such provision to other circumstances shall not be affected.

§108. Interpretation. The provisions of this ordinance shall be held to be the minimum requirements for the protection of the health, safety, morals and general welfare of Carnegie.

§109. Repeal. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed.

Article 2
District Regulations

§201. Zoning Districts. The Borough of Carnegie is divided into the districts stated on Table 201 as shown by the district boundaries on the Zoning Map. (Ordinance 1014, August 21, 1985, §1)

§202. District Boundaries. District boundaries shown on the lines of roads, streams and transportation rights-of-way shall be deemed to follow their centerlines. The vacation of roads shall not affect the location of such district boundaries. When the Zoning Officer cannot definitely determine the location of the district boundary by such centerlines, by the scale of dimensions stated on the Zoning Map, or by the fact that it clearly coincides with a property line, he shall refuse action, and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this ordinance.

§203. Permitted Uses. The permitted uses for each district are shown on Table 201.

§204. Conditional Uses. The Borough Council may authorize conditional uses as specified on Table 201 if all conditions and provisions of Article 4 are met.

204.1. Uses not specifically listed as permitted or conditional uses shall be prohibited.

§205. Height Regulations. No structure shall exceed the maximum height above average ground specified in Table 201, provided:

205.2. No residential use except an apartment structure in the "R-4" District may exceed a height of thirty-five feet (35') or three (3) stories.

205.3. A structure for any permitted or conditional use in any district may exceed the maximum permitted height provided that 1) every required yard is increased by one foot (1') for each additional foot of height, and 2) that the permit for such structure be reviewed and authorized as a conditional use as regulated by Article 4.

205.4. The height regulations of this ordinance shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water or fire towers, ornamental towers, spires, chimneys, elevator bulkheads, smokestacks and flagpoles.

205.5. In determination of the height of a structure in stories, a basement shall be counted as a story when more than sixty percent (60%) of its wall surface, measured between floor and ceiling, is or will be above grade as shown on construction plans.

§206. Lot and Yard Requirements. The minimum lot area, minimum width of lot, minimum depth of front and rear yards, and minimum width of each side yard shall be as shown on Table 201.

206.1. Lots which abut on more than one (1) street shall provide the required front yard along every street, except in the "R-2" Two-Family Residence District where a corner lot of record shall have a yard of not less than ten feet (10') on the side street.

206.2. One and only one principal structure, together with permitted accessory structures, may be located on any lot, except that two or more principal structures may be permitted as a Planned Residential Development after approval and recording of the Development Plan as required by this ordinance.

206.3. No structure, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies
and platforms above normal grade level, shall project into any minimum front, side, or rear yard, except as provided below:

206.3(a) Structures accessory to single-family residences may extend into required rear and side yards, but not closer than ten feet (10') to rear and side yard lot lines.

206.3(b) Minor utility fixtures, unenclosed patios, and articles of decoration around a main building may be located in any required yard.

206.3(c) A buttress, chimney, cornice, pier, or pilaster extending no more than twenty-four inches (24") from the wall of the principal structure may be located in any required yard.

206.3(d) An unenclosed porch no more than one story or fifteen (15) in height and twelve feet (12') in depth may be erected in the front yard of a residential structure, but may not extend into a required side yard.

206.4. Trailers (utility, commercial, mobile homes, or living trailers) may not be stored in any required front or side yard.

206.5. Nonresidential structures or uses in any district shall not be located or conducted closer to any lot line of any lot in any "R" District than the distance specified in the following schedule:

206.6. The Zoning Officer may authorize the projection of a principal structure into a required front yard on a lot located between two (2) structures which may nonconforming with respect to the front yard, provided the resulting front yard shall not be less than the median front yard of the two (2) adjacent structures.

206.7. Any portion of a lot once counted as a yard or as lot area per family in compliance with the area requirements of this ordinance, shall not be counted again as required yard or lot area per family for another building.

206.8. No required yard in any residential area shall be used for parking vehicles except on a driveway or in parking areas designated on an approved site plan. In single-family developments, not more than thirty percent (30%) of the front yard may be devoted to driveway access. In single-family attached developments, not more than fifty percent (50%) of the front yard may be devoted to driveway access. In multiple family developments, not more than forty percent (40%) of the front yard may be devoted to driveway access.

§207. Density of Development Limits. The minimum lot area for each dwelling unit for residential uses shall be in conformance with the following schedule:

208.1 Purpose and Intent
The Downtown Flat Overlay District is adopted for the following purposes:

1. Encourage housing opportunities within the Downtown area by designating and regulating areas that are suitable for this purpose.

2. Provide a diversity of dwelling unit types in order to expand housing opportunities to all residents of the community.

3. Enhance the integrity, stability and character of the Downtown area and the value of its land.

4. Develop a vibrant, twenty four (24) hour Downtown environment by balancing the mix of commercial, office, cultural and residential uses.

5. Assure adequate parking facilities for Downtown residents.
This regulation is intended to supplement, not repeal, abrogate, impair or replace any existing ordinances that relate to zoning or building construction within the Borough.

208.2 Concept:
The Downtown Flat Overlay District shall be deemed to be an overlay on any existing or future zoning districts enacted to regulate the sue of land in the Borough. In those areas of the Borough located within the Downtown Flat Overlay District, the requirements of this Section shall supersede the requirements of the underlying zoning districts.

208.3 Location of Downtown Flat Overlay District:
The Downtown Flat Overlay District is located and bounded as shown on a map entitled "Zoning District Map of the Borough of Carnegie", Allegheny County, Pennsylvania dated October 12, 1999 and on file in the office of the Zoning Officer. The Zoning District Map as amended, with all explanatory manner, is made a part of this Ordinance.

208.4 Boundary Interpretation:
Where an interpretation is needed as to the exact location of the boundaries of the Downtown Flat Overlay District in relation to a given parcel, an initial determination shall be made by the Zoning Officer. Any person seeking such a determination may submit a boundary and topographic survey of the property and any other pertinent documentation for consideration. Beyond uncertainty with the interpretation of district boundaries, under no condition or circumstances shall areas be added or deleted from the Downtown Flat Overlay District boundary.

208.5 Appeal of Boundary Interpretation:
Any person aggrieved by any such determination of the Zoning Officer under this Setion may appeal to the Zoning Hearing Board. The person contesting the location of the Downtown Flat Overlay District boundary shall have the burden of proof in case of any such appeal.

208.6 Definitions:
For the purpose of this Section, certain numbers, abbreviations, terms and words shall be used, interpreted as defined and set forth in this Section. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural includes the singular.

1. Apartment — a multiple family residential-only structure containing three or dwelling units having a height greater than three stories.

2. Downtown Flat — a dwelling unit located in the upper stories of a building and/or structure that is used principally for commercial use.

3. Dwelling Unit — one or more living or sleeping rooms in a residential or commercial building which are arranged, designed, used or intended for use as living quarters for one family or individual. A dwelling unit shall have permanent sanitary facilities; permanent facilities for sleeping, cooking and eating; and be served by a heating system capable of providing sixty-eight (68) degrees Fahrenheit throughout the unit when the outside temperature is zero (0) degrees Fahrenheit.

4. Garden Apartment — a multiple family residential-only structure containing three or more dwelling units having a height no greater than three stories.

5. Parking Commitment Certificate — a document issued by the Borough Zoning Officer and used to officially record the location of parking spaces committed for use by Downtown Flat residents.

6. Site Plan — a map of a final develop plan to officially recorded after the approval of the Borough's Planning Commission. The plan shall illustrate existing and proposed conditions: property boundaries and topographic contours; the location and bulk of buildings and/or structures; the location of all paving areas, the location and magnitude of landscaping; points of access and the location of committed parking spaces.

208.7 Permitted Uses:
No building and/or structure shall be constructed, and no building, structure or land shall be used for any purpose or in any manner other than for one or more of the uses as
outlined below:

2. Downtown Flats shall not occupy more than 80% of a building and/or structure's gross floor area

1. No Downtown Flat shall be located on either the street or basement levels of a building and/or structure.

1. The building owner prior to receiving an occupancy permit must secure use of off-street parking spaces. Parking requirements are as follows:

a. Obtaining Parking Commitment Certificates for existing parking spaces within the Downtown area; and/or

1. All parking spaces must be committed to residential use twenty-four (24) hours/day, seven (7) days/week.

2. All committed parking spaces must be maintained throughout occupancy of the Downtown Flat and must be verified annually through the renewal of the Parking Commitment Certificates.

3. The dedication and location of all committed parking spaces shall be subject to Site Plan review and approval of the Planning Commission.

4. Parking Commitment Certificates must be obtained prior to issuance of occupancy certificates.

b. Providing new parking spaces on-site per Section 308 of this Ordinance. 208.11 Access:

1. A building and/or structure containing (a) Downtown Flat(s) shall provide one (1) common street entrance for resident access.

2. Downtown Flats located twenty-five (25) feet or more above the adjacent street level shall be accessed by both elevators and stairs.

Article 3
General Regulations

§301. Nonconforming Uses. The following provisions shall apply to all nonconforming uses:

301.1. A nonconforming use may be continued but shall not be extended, expanded, or changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the following:

301.1.a. The new use will more closely correspond to the uses permitted in the district.

301.1.b. The changed use shall be in keeping with the character of the neighborhood in which it is located.

301.2. A Zoning Certificate must be obtained within one (1) year by the owner of any nonconforming' use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming.

301.3. Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before it such reconstruction is performed within twelve (12) months of such casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.

301.4. In the event that a nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, or is abandoned for any period, such nonconforming use shall not be resumed.

301.5. Where a nonconforming use is conducted inside a structure, the floor area of the structure and the nonconforming use within it may be enlarged to an extent not greater than twenty percent (20%) of the floor area existing at the time of adoption of this ordinance, when permitted by the Zoning Hearing Board in accordance with the following:

301.5(a) There shall be no increase in noncompliance, if any, with lot and yard requirements; and

301.5(b) Off-street parking, as required by §307 shall be provided as to the enlarged portion.

§302. Nonconforming Structures. A nonconforming structure used or occupied by a permitted use may be enlarged or expanded if the expansion, considered independently of the original structure, complies with the off- street parking of this ordinance, and such expansion does not otherwise increase the extent of nonconformity in any respect.

302.1. Any nonconforming lot of record existing on the effective date of this ordinance and then held in separate ownership different from the ownership of adjoining lots shall be exempt from the minimum lot area, depth and width requirements provided they are used in accordance with minimum yard requirements, and that uses other than a one-family house conform to minimum lot area per family and floor area ratio requirements of this ordinance.

§303. Nonconforming Signs. Any nonconforming permanent sign legally existing on the effective date of this ordinance may continue to exist, provided that signs which are fifty percent (50Z) or more structurally deteriorated shall be removed.

§304. Special Exceptions. The Zoning Hearing Board may permit the following special exceptions in accordance with the standards stated and in compliance with Article 4 of this ordinance. The Zoning Hearing Board may also attach such conditions as they may deem appropriate.

304.1. Living quarters in an accessory structure as an accessory use to a one-family house to accommodate domestic employees of the residents of the principal structure.

304.2. The accommodation of not more than two (2) non-transient roomers as an accessory use to a one-family dwelling, provided that no sign is displayed.

304.3. Temporary structures and trailers used in conjunction with construction work, may be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six (6) month period.

304.4. Outside storage areas in Commercial and Industrial Districts, provided that they are buffed by fencing, planting or topography so as to obviate adverse effect on neighboring property.

§305. Accessory Uses. The following provisions shall apply to accessory uses:

305.1. The pursuit of vocational or avocational interests by a resident shall be deemed an accessory use to a dwelling, provided that such activity is clearly subordinate to the dwelling, that no equipment or fa cilities be involved which are dangerous or incompatible with the residential environment, and that there be no external evidence of any nonresidential activity.

305.2. The exterior storage any motor vehicle which does not have a current inspection sticker shall constitute an auto salvage business and shall not be permitted as an accessory use.

§306. Site Plan Review. No zoning certificate, building permit or occupancy permit shall be issued for any principal use upon any lot except a one-family home until a Site Development Plan has been submitted, reviewed and approved in accordance with the following provisions:

306.1. The application for approval of a proposed Site Development Plan shall be submitted the office of the Zoning Officer and shall be accompanied by a fee established by resolution of Council to cover the cost of review. The Zoning Officer shall set a reasonable time schedule to be followed prior to the presentation of the application to the Council.

306.2. The application shall consist of not less than two (2) copies of the letter of application together with not less than five (5) prints of each drawing submitted as part of the proposed Site Development Plan. The Proposed Site Development Plan shall be drawn in accordance with standard architectural and engineering practices to clearly indicate the following:

306.2(a) Property lines and total acreage of parcel proposed for development;

306.2(b) All existing streets, rights-of-way, and easements related to the development;

306.2(d) The location of relevant natural features, including, but not limited to, streams or other natural water courses and adjacent lands which are subject to flooding, and significant stands of existing trees;

306.2(e) The location of existing structures, including structures located on abutting property if within thirty feet (30') of the common property line;

306.2(g) Contour lines at two foot (2') intervals where average slope is ten percent (10Z) or less, and five foot (5') intervals where the average slope exceeds ten percent (10%);

306.2(h) Location of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls and other site improvements or amenities;

306.2(i) Contours and sufficient elevations to show proposed gradings and data to show gradient of access drives and parking facilities;

306.2(j) Location and approximate size of utilities to serve the development.

306.3. Action shall be taken by the Council, either approving or disapproving, within sixty-five (65) days from the date of the regular Council meeting at which the site plan first appears as an agenda item. Failure of the Council to so act shall be considered approval of the plan as submitted. Council may grant such conditions as they deem appropriate to approval. Approval may be conditioned upon the grant of a variance or of a special exception by the Zoning Hearing Board where such variance or special exception is required, but such conditional approval by Council shall not be binding on Zoning Hearing Board, and the conditional approval shall be canceled if
the requested variance or special exception is denied by the Board.

306.4. Council shall not approve a Site Development Plan unless the following standards are met:

306.4(a) Screening: A planted visual barrier, or landscape screen shall be provided and maintained by the owner or lessee of a property located between any commercial or industrial district and contiguous Residential Districts, except where natural or physical manmade barriers exist. This screen shall be composed of plants and trees arranged to form both a low level and a high level screen. The high level screen shall consist of trees planted with specimens no younger than three (3) years in age, and planted at intevals of not more than ten feet (10'). The low level screen shall consist of shrubs or hedges planted at an initial height of not less than two Feet (2'), placed in alternating rows to produce a dense visual barrier. Any plant not surviving three (3) years after planting, shall be replaced.

306.4(b) No existing business affected by these regulations at the time of passage of this ordinance, shall be required to comply with the above screening requirements, except in case of enlargement or major alterations of such business. Similarly, for any zoning district boundary change after the passage of this ordinance initiated
by a residential developer abutting a commercial zone property for which these regulations apply, these screening requirements shall not be imposed upon such commercial property.

306.4(c) Storage: Any article or material stored temporarily outside an enclosed building as an incidental part of the primary commercial or industrial operation, shall be so screened by opaque ornamental fencing, walls or evergreen planting, that it cannot be seen from adjoining public streets or adjacent lots, when viewed by a person standing on ground level. All organic rubbish or storage shall
be contained in air-tight, vermin-proof containers which shall also be screened from public view.

306.4(d) Landscaping: Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas, shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings. Any off-street parking area with five (5) or more spaces, shall retain at least five percent (5%) of the area for landscaping which shall be in addition to open area requirements of the district. At least one tree per eight (8) parking spaces, or portions thereof, shall be provided within the parking area.

306.4(e) Lighting: All parking areas, driveways and loading areas, shall be provided with a lighting system which shall furnish an average minimum of .25 foot candles within such areas during hours of operation, with lighting standards in parking areas being located not more than eighty feet (80') apart. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.

306.4(f) Interior Circulation: The interior circulation of traffic in commercial areas shall be designated so that no driveway or access land providing parking spaces, shall be used as a through street. If parking spaces are indicated by lines with angles other than ninety degrees (900), than traffic lanes shall be restricted to one-way permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes less than ten feet (10') in width.

306.4(g) Access: Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel and other service vehicles, shall be adequate in size and shall be so arranged that they may be used without blockage, or interference with the use of public street or sidewalks, other accessways or automobile parking facilities.

306.4(h) Traffic Control: No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, turning lanes, traffic and lane markings, and signs. The developer shall be responsible for the construction of any such traffic control devices.

§307. Off-Street Parking. Off-street parking spaces shall be provided in accordance with the specifications in this section whenever any new use is established, or existing use is enlarged, in every district except that part of the "C-1" Commercial District which is bounded by Manfield, 'Kinney Street, Third Avenue, Williams Street and Broadway.

In addition to the Mall area, all commercial establishments or structures now in existence along West Main Street and East Main Street are exempt from any registered parking requirements until any major renovation, expansion or demolition occurs at which time those structures must provide parking according to the requirements set forth in Section 307 of Ordinance No. 995. [Ordinance 1015]

307.1. Every off-street parking space shall have a rectangular area of not less than nine feet (9') by eighteen feet (18').

307.2. Every off-street parking lot for more than five (5) vehicles shall be graded for proper drainage and paved. Parking aisle separators, sidewalks and landscape plantings shall be provided as required and approved by Council. Notwithstanding the foregoing, the following exception shall be granted to the Carnegie Borough Parking Authority:

(a) The requirement to pave parking lots shall be waived if the lot is either owned, leased or managed by the Carnegie Borough Parking Authority.

307.3. Parking spaces suitable for the needs of the handicapped will be provided as approved on the site plan and signs, railings and ramps will be provided as appropriate to the site.

307.4. Any lighting used to illuminate an off-street parking lot shall be arranged so as to reflect light away from adjoining premises in any "R" District.

307.5. When determination of off-street parking results in a requirement of a fractional space, any fraction shall be counted as one parking space.

307.6. Off-street parking spaces shall be located on the same zoning lot as the principal use, except that spaces for churches and public places of assembly may be located on a different lot within four hundred feet (400') of the principal use after site plan approval.

307.7. All commercial establishments or structures now in existence in the "C-1" Commercial District are exempt from any registered parking requirements unless otherwise prohibited in this Chapter. [Ord. 2070]
(Ordinance 995, April 26, 1983, §307; as amended by Ordinance 1015, November 12, 1985, §2; by Ordinance 2062, February 12, 1996, §1; and by Ordinance 2070, June 10, 1996, §2)

§308. Off-Street Loading. One off-street berth of not less than fifty feet (50') by ten feet (10') shall be provided for every new business or industrial use with a floor area of more than ten thousand (10,000) square feet; and one additional berth shall be required for each additional twenty thousand (20,000) square feet of floor area over the first twenty thousand (20,000) square feet of floor area. Access and space to maneuver shall be sufficient so that no truck need back onto any public street nor across any public sidewalk.

§309. Signs. No sign shall be permitted in any district except as herein provided:
309 (a) For purposes of this ordinance, "sign" shall be defined as any letter, work, model, poster, sign, device, or representation, used in the nature of an advertisement, announcement, or direction on and/or affixed to any surface or place and/or upon private property utilized for purposes of facilitating commercial enterprises.

309.1. Permit. No sign shall be erected, altered, painted, relocated, remodeled, expanded in any way, except a professional name plate, a temporary on-site real estate sign, a temporary on-site construction sign, or a bulletin board as provided herein, that is not in accordance with the provisions of this chapter and all other applicable Borough Codes unless a sign permit has been issued by the Zoning Officer. Applications for a sign permit shall include the three (3) detailed drawings of the construction and design of the sign, and shall be accompanied by a fee in an amount as established by a Resolution of the Council of the Borough of Carnegie.

309.1 (a) Name Plate Sign. One (1) professional name plate sign not exceeding one (1) square foot in surface area, not illuminated, and attached to a wall of the structure, indicating the name, address or professional activity of the occupant, permitted homy occupation, or in the case of a multiple-occupancy structure, the name of the management agency and/or the name of the building.

309.1 (b) Temporary Real Estate Sign. One (1) temporary on-site real estate sign is permitted on any property being sold, leased or developed if it is not illuminated, not less than fifteen (15) feet from the curb, and is no larger in surface area than sixteen (16) square feet in any Residential District, or twenty-five (25) square feet in any Commercial or Manufacturing District. Such sign shall be promptly removed within fifteen (15) days of the sale or lease of the premises or when the last unit of a multi-unit development is sold or leased.

309.1 (c) Temporary On-Site Construction Sign. Construction signs advertising the development or improvement of a property by a builder, contractor or similar person, provided that not: more than one (1) such sign shall be permitted for a development or property the sign not exceed twelve (12) square feet, and it shall be removed within fifteen (15) days of the completion of the work.

309.1 (d) Bulletin Board. One (1) one-site bulletin board, not illuminated except by indirect light and not exceeding forty (40) square feet in surface is permitted to be maintained by public, charitable, or religious institutions including, but not limited to, churches, schools, country clubs or similar public institutions.

309.2. Any business sign shall have a surface area not greater then one-half (1/2) square foot for each foot of frontal width of the structure and shall not be located on the roof nor extend above the height of the structure. The sign may be:

(3) Painted or permanently applied to the glass surface of window openings only; or

309.2 (a) Wall Signs. If attached to the structure, it shall be attached to a front or side wall of the building, parallel to the facade of the building, and not projecting more then twelve (12) inches from the wall. Wall signs shall be placed in the wall area between the lintels of the doors and windows and the parapet of a one-story building, or between the lintels and the floor level of the floor above in the case of a multi-story building. Such sign shall be erected so that no portion of the sign is less than eight (8) feet above entrance grade. No sign shall be painted directly on the surface of the wall.

309.2 (b) Free-standing Signs. A free-standing sign shall only be permitted where the business activity fronts on a public street or highway and where the main building or structure is set back at least twenty (20) feet from the street right-of-way. The free-standing sign shall not exceed twelve (12) feet in height (as measured from ground level at the base of the sign to its highest element), and it shall be set back and side at least ten (10) feet from the street right-of-way lot lines. No more than one (1) free-standing sign shall be permitted on a zoning lot.

309.2 (c) Awning, Canopy Sign. Where an awning or canopy sign is used, only individual cut out letters and/or symbols may be attached to, painted, stenciled or otherwise placed on the awning or canopy. Restrictions against the erection or maintenance of projecting signs over a public way is not limited to awning and canopy type signs but shall pertain to all signs. [Ord. 2030]

309.2 (d) Awnings. No awning shall project over any public sidewalk running parallel and across the front entrance of a building or along the side of a building in a C-1, C-2 or C-3 zone by more than the lesser of two-thirds (2/3) the width of the sidewalk or forty-eight (48) inches. An "awning," as contemplated by this provision, shall be any awning having the horizontal axis of the plane of its face or faces at right angles, or at any angler greater than zero (0) degrees up to a maximum of forty-five (45) degrees, to the wall of any building or structure and having a portion thereof extending into or above any sidewalk or other public area. Not withstanding the foregoing, awnings shall not be permitted if the awning is to also contain the name of the business establishment unless it complies with other applicable Sections of the Carnegie Borough Code of Ordinances relating to "signs." [Ord. 2040)

309.3. Additional Business Signs on the premises occupied by any legal business or industry shall be permitted only if:

309.3 (b) More than one business is located in one structure. In such instance, the oombined total surface area of the business signs shall not exceed two (2) square feet for each foot of frontal width of the structure.

309.3 (c) Multi-Occupancy Buildings:
(1) Where several businesses occupy a building, each business shall be entitled to a share of the building's allowable sign area, based on building frontage, which is equal to the proportionate amount of floor area that the business occupies to total floor area of the building. Businesses that occupy upper floors or basement areas may also post a sign in a window, or painted on a window which shall not exceed six (6) square feet in area.

(2) It shall be the responsibility of the owner or management agent of a multiple-occupancy building to provide all occupants with suitable sign space that is consistent with the provisions of this chapter. The failure of the owner to do so shall not be a basis for granting a variance to any sign requirement.

(1) A shopping center may have one (1) principal identification sign which identifies the name of the center and/or major business occupants. Such sign may be free-standing, provided that:

(a) It does not exceed one hundred fifty (150) square feet in area on each face.

(b) The height (as measured from ground level at the base of the sign to its highest element) does not exceed twenty-five (25) feet.

(2) In addition to the shopping center's principal identification sign, each business within the center may have a wall, awning/canopy or permanent window sign in compliance with the above subsections.

309.4. Logo Sign. In addition to a business sign, one single or double faced, free-standing sign may be erected on site occupied by any legal business or industry which as a lot area greater than one half (0.5) acre and on which all structures are set back thirty (30) feet or more from property lines, provided:

309.4 (a) The sign displays nothing other than the logo type, trademark, or name of the company or commercial center on the premises.

309.4 (b) The sign has a height no greater than twenty-five (25) feet above basic grade and is no closer than ten (10) feet to any property line.

309.4 (c) The sign shall have a surface area no greater than twenty-five (25) square feet for each half acre of lot area of the site or three hundred (300) square feet, which ever is less.

309.4 (d) A logo sign on a site more than three (3) acres in area may include bulletin space for announcements pertinent to the operation of the facility.

309.5 (a) No sign shall project over any public sidewalk or right-of-way. A "projecting sign", as contemplated by this provision, shall be any sign having the horizontal axis of the place of its face or faces at right angles, or at any angle greater than zero (0), to the wall of any building or structure and having any portion thereof extending into or above any street, sidewalk, or other public area.

309.5 (b) No "A-Frame" collapsable type signs shall be permitted to be placed upon the sidewalks and/or any public ways in any district in the Borough of Carnegie.

309.5 (c) No "Vending Machines" shall be permitted to be placed upon the sidewalks and/or any public ways in any district in the Borough of Carnegie. "Vending Machines" shall include, but shall not be limited to, cigarette machines, soda pop machines and candy machines.

309.5 (d) No sign shall contain any information or advertising for any product not sold on the premises or contain obscene materials.

309.5 (f) No billboard, free-standing or over-hanging signs shall be permitted in any district, except as provided for in 309.3, 309.4 and 309.9.

309.5 (g). No sign shall be constructed, located or illuminated in any manner which causes undue glare, distraction, confusion, nuisance or hazard to traffic or other properties.

309.5(h): No individual, candidate, political organization, or other entity shall place any signs supporting any political candidate whether local candidate, county candidate, state candidate, or federal candidate on borough, county or state owned property situate within the Borough of Carnegie.

309.5 (i). Additional requirements. The following requirements shall apply to signs in all zoning districts:

(1) Rotating free-standing signs, swinging signs or signs projecting over a right-of-way are prohibited. Banners, pennants, search lights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons or other gas figures shall not be used on a permanent basis.

(2) Signs that are animated or have flashing illumination are prohibited in all districts.

(3) Illuminated signs shall_be designated and placed so as not to interfere with, distract, confuse or blind operators of motor vehicles.

(4) Floodlighting shall be placed so that it is not visible from any point off the lot and only the sign is directly illuminated.

(5) No sign shall be attached to any tree or utility pole on public or private property.

(6) No sign shall be erected upon or applied to any roof or above the gutter line of a sloped roof building. No sign shall project beyond any property line.

(7) No free-standing sign shall obstruct safe, clear sight distance at any street or driveway intersection. No free-standing sign shall have more than two (2) faces; sign areas stated in this chapter shall be the maximum for one (1) face. All free-standing signs shall be set permanently in concrete to a depth of at least three (3) feet.

(8) Every authorized sign must be constructed of durable materials and maintained in good condition and repair, including the replacement of defective parts, painting, leaning and maintenance of structural supports. Any sign over sixty (60) square feet shall be constructed of noncombustible material.

(9) If any sign becomes dilapidated to the point that it constitutes an unsightly or hazardous condition, then the Zoning Officer shall order it repaired or removed in accordance with the provisions of this Chapter.

(10) If a use ceases for a period of six (6) months, all signs, including any supporting structures, must be removed. If the signs are not removed, the Zoning Officer shall notify the building owner who shall have fifteen (15) days to remove the signs. In the event that the owner fails to comply with the order, the owner shall be considered in violation of this Chapter and subject to the penalties contained herein.

309.6. Temporary Signs. Temporary outdoor signs advertising special business promotional activities, business openings or closing, special events sponsored by a non—profit organization, such as a church carnival or a street fair, are permitted provided that:

309.6 (a) The signs receive a permit from the Zoning Officer; the period of the permit shall not exceed thirty (30) days.

309.6 (c) Signs are not animated or flashing, and any illumination for the sign does not create an unsafe condition for motorists or glare on surrounding properties.

309.6 (d) All signs shall be removed within one (1) week of the termination activity.

309.7. Exemptions to Sign Requirements. The following signs shall be exempt from the requirements of this section:

309.7 (a) Flags or emblems of a government, philanthropic, educational or religious organization displayed on the property on which the use is located.

309.7 (b) Signs placed by a governmental body, including traffic or directional devices, legal notices and warning, instructional or regulatory signs.

309.7 (c) Signs for political candidates can be erected on private property within the Borough of Carnegie, provided that they are erected no more than (6) weeks before the election and removed within one (1) week after election.

309.7 (d) Address numerals and other signs required to be maintained by law or governmental regulation, provided that the content and size of the sign does not exceed the requirements of such law or regulation.

309.7 (e) Small signs, not exceeding five (5) square feet in area, displayed on private property for the convenience of the public, such as signs to identify entrance and exit drives, parking areas, one-way drives, rest rooms, freight entrances, no trespassing and the like.

309.8. Variances. The Zoning Hearing Board shall have the power to vary the provisions of Article 18 of the Zoning Chapter. A variance may be granted when the Board has determined, to its satisfaction that:

309.8 (a) The sign could not be constructed elsewhere on the property or structure in a manner complying with the requirements of this Chapter.

309.8 (b) A hardship exists, and that the hardship is unique to the instant property and not found to be commonly applied to another properties in the general area;

309.8 (c) The variance will not adversely affect adjacent properties in their right to adequate light and air;

309.8 (d) The variance would not affect the health, safety and general vehicular traffic;

309.8 (e) The variance considered is the minimum deviation from the ordinance required to grant relief to the applicant.

§309.9 Offsite billboards. Offsite billboards shall be permitted in the C-3 Zone subject to the following additional requirements.

309.9 (a) Offsite billboards shall not be permitted within sixty (60) feet of the center line of 1-279.

309.9 (b) Offsite billboards shall be free-standing ground mounted single column post displays which have no contact with any building or structure.

309.9 (c) The maximum surface area of an offsite billboard shall be seven hundred (700) square feet.

309.9 (d) The top of the offsite billboard shall be no higher than forty (40) feet above the curb of the highest street to which it faces.

309.9 (e) No offsite billboard shall be placed within four hundred (400) feet of any residentially zoned property or any public property or public or private school park, library or church.

309.9 (f) Offsite billboards shall be located at least fifty (50) feet from a public right-of-way to which it is oriented.

309.9 (g) No offsite billboard shall be erected closer than five hundred (500) yards of any existing or proposed offsite billboard.

309.9 (h) An offsite billboard with display lighting shall be constructed so that the illumination does not result in excessive glare upon adjoining properties and shall not exceed a maximum footcandle of one and one half (1%) upon any adjoining property.

309.9 (i) Billboard display lighting shall not operate between the hours of 12:00 a.m. and 5:00 a.m. prevailing local time.

309.9 (j) No billboard shall move, flash or emit noise. Colored lighting is not permitted. No display lighting shall cause distraction, confusion, nuisance or hazard to traffic or other properties.

(Ordinance 995, April 26, 1983; as amended by Ordinance 1022, June 9, 1987, §1; by Ordinance 1042, August 9, 1988, §2; by Ordinance 2030, August 8, 1994, §1,2; by Ordinance 2040, March 13, 1995, §1; by Ordinance 2093, 9/9/1997, §§1-3; by Ordinance 2116, December 8, 1998, §§1, 2; and by Ordinance 2174, September 18, 2001, §1)

§310. Environmental Protection Requirements. The following provisions shall apply to all uses of land in all districts unless otherwise noted. Certain activities, such as highway construction and the like, may be excepted from the following requirements provided such activities are closely controlled by other governmental environment protection agencies, and that Borough reviewing agencies are satisfied that the spirit and intent of the Zoning Ordinance is being met through the review processes, bonding requirements and administrative activities of the appropriate environmental protection agencies.

310.1. No cut or fill grade shall exceed a slope of 3/1 or thirty-three percent (33%). This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area including cuts and fills on land naturally exceeding 3/1 in slope.

310.2. All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within two (2) weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.

310.3 No cutting, fill, or other disturbing of land and mature tree cover is permissible within one hundred feet (100') of the edge of natural drainage oourses excpet as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission provided special precautions are taken to insure against continuing erosion or other circumstances which may be harmful to the immediate watercourse or in any way pollute the stream or watercourse.

§311. Residential Requirements. The following provisions shall apply to all uses of land in all Residential Districts:

311.1. In any residential development other than one-family, the developer shall provide a pedestrian circulation system which, as a minimum, shall be comprised of sidewalks not less than four feet (4') in width located along public streets. The pedestrian circulation system in a planned residential development shall be a part of the development plan.

311.2. In any one-family attached or garden apartment development variations may be required in the setback of the structures and in their roof lines and first floor elevations in order to best adapt to the specific topography of the site.

311.3. In any multiple family residential development designed to accommodate thirty (30) or more families, the developer shall provide on- site security illumination in parking areas, entry ways and along paths of pedestrian travel.

311.4. In every residential development, all required yards will be permanently maintained in grass planting, or in other acceptable landscape planting.

311.5. The minimum floor area per dwelling unit, exclusive of garage areas, unfinished basement or attic, shall not be less than one thousand (1,000) square feet for a one-family dwelling, a two-family dwelling or a one-family attached dwelling. In multiple family structures other than one-family attached units, the minimum floor area per dwelling unit shall not be less than: seven hundred and fifty (750) square feet for a unit having three (3) or more bedrooms; six hundred (600) square feet for a unit having two (2) bedrooms; or four hundred and fifty (450) square feet for a unit having one (1) bedroom or for an efficiency apartment.

311.6. The minimum floor area for a mobile home shall not be less than eight hundred and forty (840) square feet, and a mobile home shall not be permitted except in a mobile home park as provided herein.

ARTICLE FOUR: CONDITIONAL USES AND PLANNED DEVELOPMENTS

§401 CONDITIONAL USES: Conditional Uses as specified on Table 201 may be allowed or denied by the Council after recommendation by the Planning Agency in accordance with procedures set forth in this Article. A Conditional Use shall be approved if, and only if, it is found to meet the following criteria:

401.1 The proposed use shall conform to the district and Conditional
Use Provisions and all general regulations of this Ordinance.

401.2 The proposed use shall meet all special standards which may be applied to its class of Conditional Use as set forth in this Article.

401.3 The proposed use shall not involve any element or cause any
condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the Performance Standards set forth in 5405.

401.4 The proposed use shall be sited, oriented and landscaped so
that the relationship of its building and grounds to adjacent buildings and properties does not impair health, safety or comfort and does not adversely affect values of adjacent property.

401.5 The proposed use shall produce a total environmental effect
which is consistent with, and not harmful to, the environment of the neighborhood.

401.6 The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.

401.7 The proposed use will not impede the normal and orderly development and improvement of surrounding property as permitted by this Ordinance.

401.8 The proposed use will be adequately served by existing storm
and sanitary drainage facilities, public water, access streets and other necessary facilities.

401.9 The proposed use shall promote the objectives of this Ordinance and shall be consistent with the Comprehensive Plan for Carnegie.

401.10 Adult Theaters shall not be closer than 500 feet to any residential district nor within 1,000 feet of any other adult theater, and is not so located as to result in the establishement of a "skid row" area.

401.11 Child Care Centers shall not be located on lots of less than 8,000 square feet, and shall provide outdoor recreational facilities suitable to the age groups being served.

401.12 Group Residences, Group Care Facilities and Institutional Facilities shall not be located on lots of less than 8,000 square feet, shall have side yards of not less than fifteen (15') feet, shall not be located within one-quarter (1/4) of a mile from any other such facility, and shall not be approved unless plans prepared by a registered architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided, and that the dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility.

401.12(a) A license or certification shall be obtained from the Commonwealth of Pennsylvania, County of Allegheny. or other Federal, State or local agency prior to approval; or if there be no appropriate licensing or certifying agency, the applioant shall submit evidence that the proposal satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.

401.12(b) The sponsor shall file annually with the Zoning Officer information that the facility oontinues to satisfy the conditions of original approval.

401.12(c) The sponsoring agencies shall be notified by mail of the annual filing date thirty (30) days prior to such date. Ten (10) days after the filing date, an advertisement will be placed in the local newspapers for one (1) day listing those agencies that have applied for recertification and requesting comments from residents and community organizations within thirty (30) days of the advertisement. Individuals or organizations wishing to file complaints should do so in writing to the Zoning Officer.

401.12(d) Change of ownership or of any conditions or original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

401.13. Conversion Dwellings shall have side yards of not less than fifteen feet (15'), and shall not be approved unless plans for such conversion prepared by a registered architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided for, that each dwelling shall have separate kitchen and bath facilities, and that each unit shall be functional, convenient and private.

401.14. Recreation clubs shall not be located on lots of less than ten thousand (10,000) square feet, shall have yards of not less than twenty- five feet (25').

401.15. Vehicle sales areas shall not be located on lots of less than fifteen thousand (15,000) square feet, shall have yards of not less than fifteen feet (15'), and shall not have any tank for the storage of flammable or otherwise hazardous material closer than forty feet (40') to any property line.

401.16. Gas stations shall not be located on lots of less than ten thousand (10,000) square feet, shall have side yards of not less than ten feet (10'), and shall not have any tank for the storage of flammable or otherwise hazardous material closer than forty feet (40') to any property

401.17. Freight terminals shall not be located on lots of less than two (2) acres, shall have side yards of not less than rwenty-five feet (25'), and shall not have any tank for 'the storage of flammable or otherwise hazardous material closer than forty feet (40') to any property line.

401.18. Garden apartments shall not have a lot area per family of less than two thousand five hundred (2,500) square feet per unit for the first four (4) units, nor less than twelve hundred (1,200) square feet for the fifth and each additional unit in the R-2 and R-3 Districts.

401.19. Town houses shall not have a lot area per family of less than three thousand (3,000) square feet per unit for the first two (2) units, nor less than two thousand five hundred (2,500) square feet for the third and each additional unit in the R-2 District.

402.1. Planned Residential Developments may be allowed or denied by Council after recommendation by the Planning Agency in accordance with the procedures set forth in Article 5.

402.2. A Development Plan for a Planned Residential Development shall be approved if, and only if, it is found to meet the following criteria:

402.2(a) The proposed Development Plan complies with all standards and conditions of this ordinance, preserves the community development objectives of this ordinance, and is consistent with the Comprehensive Plan.

402.2(b) Where the proposed Development Plan departs from zoning and subdivision regulations otherwise applicable to the subject property, such departures are in the public interest and promote the health, safety, and general welfare of the public.

402.2(c) The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space is adequate with respect to the purpose, use, and type of development proposed.

402.2(d) The physical design of the proposed Development Plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.

402.2(e) The total environment of the proposed Development Plan is harmonious and consistent with the neighborhood in which it is located.

402.2(f) The proposed Development Plan will afford a greater degree of protection of natural watercourses, topsoil, trees, and other features of the.natural environment, and prevention of erosion, landslides, siltation, and flooding than if subject property were developed in accordance with the provisions of the zoning and subdivision ordinances which otherwise apply.

402.2(g) The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons, and shall comply with the performance standards of §405.

402.2(h) In the case of a Development Plan which proposes development over a period of years, the Development plan will provide a sufficiency of the terms and conditions as required in this Article intended to protect the interests of the public and of the residents of the Planned Residential Development in the integrity of the Development Plan.

Planned Residential Developments may be approved under provisions of this ordinance if, and only if, they comply with the following standards and provisions.

403.1. Ownership: The entire site for the Planned Residential Development shall be owned or controlled by the developer.

403.3. Frontage: The minimum frontage abutting on a public right-of- way shall not be less than one hundred feet (100').

403.4. Access: The site must provide for access from arterial streets indicated in the Comprehensive Plan to assure convenient and safe access which will not cause undue congestion or hazard on local streets.

403.5. Safety: The site shall be of such a character so as to avoid danger to health or peril from fire, flood, or other hazard. Land containing or providing hazards to life, health and property, such as quarries, open ditches, land subject to flooding, subsidence, or underground fires shall not be subdivided for residential purposes until such hazards have been eliminated or adequate safeguards are provided under the Development
Plan.

403.6. Permitted Uses: The following uses may be permitted in a Planned Residential Development provided their design, arrangement, landscaping, relationship to adjacent properties and uses, and construction meet the requirements set forth in this ordinance:

403.6(a) In the "R-1" - One-family Residence: one-family houses, recreation facilities and accessory uses.

403.6(b) In the "R-2" - Two-family Residence: one-family houses, recreation facilities and accessory uses.

403.6(c) In the "R-3" - Multiple-family Residence: one-family dwellings, townhouses, recreation facilities and accessory uses.

403.6(d) In the "R-4" - Multiple-family Residence: one-family dwellings, townhouses, apartments, recreational facilities and accessory uses.

403.6(e) In the "C-3" - Office Commercial: mobile home parks provided the park has not less than fifteen (15) acres and provides for a lot area of not less than four thousand (4,000) square feet for each mobile home.

403.7. Permitted Density: The overall density shall not exceed average lot area per family, calculated exclusive of public or private streets, of ninety percent (90%) of the minimum lot area per family as permitted in this ordinance.

403.8. Open Space Requirements - Not less than fifteen percent (15%) of the total site area shall be set aside for open space, and not less than fifty percent (50%) of such open space shall be developed to a degree commensurate with its location and probable usage. The common open space shall be so dedicated or otherwise preserved and maintained so as to always remain open and available for use by the occupants of the Planned Residential Development. The common open space, including all improvements and facilities, shall be either:

403.8(a) Dedicated for public use to a public body which agrees to operate and maintain the dedicated land and facilities, but no public body is obliged by this, ordinance to accept such dedication; or

403.8(b) Deeded to an organization representing the property owners of the development, which organization shall covenant to operate and maintain land and facilities. Such organization may not be dissolved nor dispose of the common open space unless the maintenance of the common open space is otherwise guaranteed to the Borough's satisfaotion.

403.9. Common Open Space Maintenance: If the organization established to own and maintain common open space, or any successor organization, fails to maintain such common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents of the Planned Residential Development setting forth the maintenance deficiencies, requiring correction of deficiencies within thirty (30) days, and stating the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing the Borough may modify the terms of the original notice as
to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies so set forth shall not be corrected within the specified time limit, the Borough, in order to preserve the taxable values of the properties within the Planned Residential Development and to prevent the common open space from becoming a public nuisance, may enter upon and maintain the common open space for one year. This maintenance shall not constitute a taking nor vest in the public any rights to use the common open space. Before the expiration of the year, the Council shall set a public hearing where such organization or residents of the Planned Residential Development may show cause why maintenance by the Borough should not, continue for another year. If Council determines that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Council shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

403.9(a) The cost of such maintenance by the Borough shall be assessed ratably against the properties within the Planned Residential Development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Borough at the time of entering upon said common open space for the purpose of maintenance shall file with the County a notice of lien upon properties affected.

403.10. Minimum Building Setback: No structure shall be located closer to any boundary of the site than fifty feet (50'). Any structure exceeding thirty-five feet (35') in height shall be set back one additional foot for every two feet (2') of height exceeding thirty-five feet (35').

403.11. Building Spacing: The requirements determining the spacing of buildings shall be as flexible as possible so as to encourage imaginative site design. The spaces between buildings shall guarantee adequate light, air and emergency access. The minimum distance between the nearest points of any exterior building walls shall be not less than thirty feet (30'), except that for residential buildings, exterior end walls not exceeding two (2) stories in height with no opening therein shall be not less than fifteen feet (15') apart.

403.12. Maximum Size of Structure: No structure shall have a maximum dimension greater than two hundred fiften feet (250'). No town house shall have a height greater than two and one-half (2 1/2) stores, or thirty-five feet (35'). No apartment shall have a height greater than three (3) habitable stories, or thirty-five feet (35'). Chimneys, spires, towers, tanks, or similar projections may exceed the prescribed height limitation by not more than twenty-five percent (25%).

403.13. Building Groupings: Structures used for dwelling units shall be oriented so as to ensure adequate light and air exposures for walls containing main window exposures or main entrances. Each structure shall be so arranged so as to avoid undue exposure to concentrated loading or parking facilities.

403.14. Staging Development: The density of development within various portions of the Planning Residential Development may vary, provided each such area or portion of the Development Plan meets all requirements of this ordinance. It is further required that programs for the construction of areas of greater density concentration than permitted on the entire tract will be offset by site improvements which, because of their size or cost, are in proportion to the number of dwelling units to be constructed in each stage. As an alternative to part or all of the site improvements required to offset development densities in excess of the overall permitted density, the Borough may require the reservation of open space by grant, easement, or covenant in favor of the Borough in an amount and location necessary to balance the excess development density of each stage.

The following improvements shall be completed in connection with every Planned Residential Development, and such improvements will be in conformance with such standards as may be specified and required in the Carnegie Subdivision Ordinance or other Borough, County or State law.

404.1. Off-street parking spaces shall be provided in accordance with the provisions of §307.

404.2. Areas should be provided for bus loading areas and bus shelters within one-quarter (1/4) mile of each residential concentration. The bus loading area shall be large enough for a bus to pull out of the flow of traffic.

404.3. Street lights shall be provided by the developer throughout the Planned Residential Development. The street lights shall be located to ensure adequate lumination in order to protect the safety of the residents of the Planned Residential Development.

404.4. Proposed streets shall be related to street plans or parts thereof as have been officially adopted by the Borough. Proposed streets shall conform to the requirements herein as well and as to any other plans, statute, ordinance, law or regulation applicable thereto. Streets shall be logically related to the topography in order that usable lots and reasonable grades shall be produced. Minor streets shall be so laid out as to
discourage through traffic, but provisions will be required for street connections into and from adjacent areas.

404.5. Where a Planned Residential Development abuts or contains an existing or proposed major traffic street, the Governing Body may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with major streets, and separation of local and through traffic.

404.6. Suitable drainage structures, culverts, storm sewers, ditches and related installations shall be provided to insure adequate drainage of all points along the streets.

404.7. Concrete monuments shall be set at the intersection of all lines forming angles in the boundary of the Planned Residential Development. Iron or steel markers shall be set at the beginning and ending of all curves along street property lines, at all points where lot lines intersect curves, either front or rear, and at all angles and property lines of lots and at all other lot corners.

404.8. Pedestrian interior walks may be required where necessary to assist circulation or, provide access to community facilities. Such crosswalks shall have a width of not less than ten feet (10') and a paved walk of not less than four feet (4').

404.9. When topsoil has been removed from the surface on a slope where erosion may cause a displacement of loose matter, the area shall be seeded or otherwise treated to prevent damage to adjacent property or streets.

404.10. All utilities located within a Planned Residential Development shall be located underground.

All conditional uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this ordinance, the Council having jurisdiction may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant.

405.1. Fire Protection: Fire prevention and fire fighting equipment acceptable to the American Insurance Association shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.

405.2. Electrical Disturbances: No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.

405.3. Noise: Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled. Fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.

405.4. Vibrations: Vibrations detectable without instruments on neighboring property in any district shall be prohibited.

405.5. Odors: No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.

405.6. Air Pollution: No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property.

405.7. Glare: Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

405.8. Erosion: No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties..

405.9. Water Pollution: Water pollution shall be subject to the standards established by the State and Federal Governments.

406.1. Purpose. This Section is intended to ensure that development does not result in erosion and in flooding during the site preparation and development.

406.2. Applicability. All persons engaging in land development activities, including any earthmoving activity, shall minimize both on and off- site erosion and sedimentation to the greatest extent practicable to achieve the following basic control objectives:

406.2 (a) Protect Critical Areas. Opsite areas that are subject to severe erosion and off-site areas that are particularly vulnerable to damage from erosion and/or sedimentation are to be identified and appropriate mitigative measures are to be used to protect those areas.

406.2 (b) Limit the Area Exposed. All earthmoving activities are to be planned and conducted in such a way as to minimize the area of land exposed to the greatest extent possible.

406.2.(c) Limit the Time of Exposure. All earthmoving activities are to be planned and conducted to limit exposure of the disturbed area for the shortest feasible time.

406.2.(d) Limit the Erosive Potential in the Area Exposed. All earthmoving activity is to be planned and conducted to minimize the erosive potential in exposed areas to the greatest extent possible.

406.2.(e) Control Upgrade Surface Water. Surface water runoff originating upgrade of exposed areas is to be controlled to reduce erosion and sediment loss during the period of exposure.

406.2.(f) Control Stormwater Runoff. When the increase in the velocity of stormwater runoff resulting from earthmoving activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion.

406.2.(g) Control Sedimentation. All earthmoving activity is to be planned and conducted so as to prevent off-site sedimentation damage.

406.3. Erosion and Sediment Control Measures. An application for final approval of all land development involving five (5) acres or more shall erosion control measures recommended in the most recent state of erosion control manual, the basic objectives in subsection (1), above, and the following standards:

406.3.(a). Stabilization. All slopes, channels, ditches or any other disturbed area shall be promptly stabilized after final land disturbing activities have been completed. When it is not possible to permanently stabilize a disturbed area immediately after final land disturbing activity, or where land disturbing activity ceases for more than twenty (20) days, temporary stabilization measures shall be promptly implemented.

406.3.(b). Design and Performance of Control Measure. Erosion and sediment control measures, structures and devices shall be planned, designed and constructed so as to provide protection from accelerated erosion and sedimentation from the calculated maximum peak rates of runoff from the ten (10) year frequency storm. Runoff rates shall be calculated using procedures recommended in Chapter 4 of the 1990 Erosion and Sediment Pollution Control Manual published by the Department of Environmental Resources.

406.3.(c). Improvement Security. The applicant shall file an improvement security in the form of an escrow account, surety bond, irrevocable letter of credit, or other form satisfactory to the Borough Solicitor, in an amount deemed sufficient by the Borough Engineer to cover all costs of protection and stabilization of the site in the event that abandonment, bankruptcy, death or some other factor prevents stabilization of exposed areas. The security shall remain in force until all planned improvements and stabilization are completed. The security shall be forfeited if more than sixty (60) days have passed since final earthmoving activity and temporary stabilization has not been implemented. The applicant shall provide written notice when final stabilization has been achieved and the Borough Engineer will inspect the site to verify compliance. Upon a finding of compliance, the Borough Solicitor shall release the improvement security.

406.3.(d). Maintenance Area. Maintenance of silt traps and other control measures is essential. All erosion and sediment control plans shall provide adequate space to, and around control measures to permit access of earthmoving equipment for maintenance and removal purposes.
(Ordinance 995, April 26, 1983; as added by Ordinance 2048, September 11, 1995, §1)

407.1. Purpose. This Section is intended to provide for the management of stormwater runoff resulting from land alteration and disturbance activities to ensure that new development does not result in greater erosion and does not exacerbate existing flood conditions or create additional flooding problems; and,

407.1.(b). To preserve the flow-carrying capacity of streams and maintain and improve the quality of streams.

407.1.(c). To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.

407.1.(d). To provide for adequate maintenance of all stormwater management structures in the Borough.

407.2. Applicability. The stormwater management development standards shall apply to all proposed subdivision and land developments within the Borough of Carnegie that are not within a watershed with an adopted plan and regulations which are in effect.

407.2.(a). No final subdivision or land development plan shall be approved, no permit authorizing construction issued or any earth- moving activity initiated until a final stormwater management plan for the development site has been approved.

407.2.(b). A small development which will result in the creation of five thousand (5,000) or fewer square feet of impervious surface shall be exempt from the detailed stormwater management plan submission requirements of this Section, but shall be required to comply with the general and specific standards. Ar application for approval of a small development shall include sufficient information to enable the Borough Engineer to determine that compliance with the stormwater management standards of this Section will be achieved.

407.3. General Standards. All stormwater control measures shall comply with the following performance standards:

407.3.(a). Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:

(1) To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities.

2) To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.

407.3.(b). The stormwater management plan for the development site must consider all the stormwater runoff flowing over the site.

407.3.(c). No discharge of toxic materials into any stormwater management system shall be permitted.

407.4. Specific Standards. Stormwater management facilities shall be designed to meet the following specific standards:

407.4.(a). Design Storms. Stormwater management facilities on all development sites shall control the peak stormwater discharge for the two (2), ten (10), twenty-five (25) and one hundred (100) year storm frequencies. The SCS 24-hour, Type II Rainfall Distribution models shall be used for analyzing stormwater runoff for both pre and post-development conditions. The 24-hour total rainfall for these storm frequencies in the watershed are:

407.4.(b). Release Rate Percentage. The release rate percentage defines the percentage of the predevelopment peak rate of runoff that can be discharged from an outfall on the site after the development.

407.4.(c). Procedure for Using Release Rate Percentages. The steps that must be followed to utilize the release rate percentage for a particular development site are:

(1) Compute the pre and post-development runoff hydrographs for each stormwater outfall for the site using the soil cover complex method (SCS TR-55), for the two (2), ten (10), twenty- five (25) and one hundred (100) year design storms, applying no onsite detention for stormwater management but including any techniques to minimize impervious surfaces and/or increase the time of concentration for stormwater runoff flowing over the development site. If the post-development peak runoff rate is less than or additional stormwater control shall not be required at the outfall. If the postdevelopment peak runoff rate is greater than the predevelopment value additional controls would be required.

(2) Multiply the peak discharge percentage by the predevelopment rate and runoff from the development site to determine the maximum allowable peak discharge from any detention facility for this two (2), ten (10) twenty-five (25) and one hundred (100) year storm events.

407.4.(d). Stage Development. If the development is to be constructed in stages, the applicant must demonstrate that stormwater facilities will be installed to manage stormwater runoff safely during each stage of development.

407.5.(a). Unless the Council of the Borough of Carnegie expressly agrees to private ownership of stormwater management facilities, these facilities shall be dedicated to the Borough of Carnegie or to a special management district authorized to own and maintain stormwater management facilities.

407.5.(b). If stormwater management facilities will be privately owned, a maintenance agreement shall be executed prior to final approval of any subdivision of land development plan.

407.5.(c). The Borough of Carnegie expressly reserves the right to inspect all public and private stormwater management facilities.
(Ordinance 995, April 26, 1983; as added by Ordinance 2049, September 11, 1995, §1)

408.1. Purpose. This Section is intended to protect natural environmental and scenic resources and to ensure that development does not result in erosion and in flooding during the site preparation and development process.

408.2. Applicability. No permits shall be issued for any clearing, grading or construction proposed on any steep slope unless the Borough determines that the proposed land development conforms to the standards in this Section.

408.3. Compatibility of Structures With Topography. Structures shall be designed in a manner that requires a minimum amount of alteration to the steep slope and that otherwise complies with the grading standards in §406 of this Chapter. Except where a geologic hazard investigation report recommends otherwise, split levels or terracing shall be used, and structures shall be sited on existing ledges or other relatively level areas of the site.
(Ordinance 995, April 26, 1983; as added by Ordinance 2047, September 11, 1995, §1)

Article 5
Administration and Enforcement

§501. Zoning Officer. The Zoning Officer, who shall be appointed by Council, shall:

501.1. Administer and enforce the provisions of this ordinance in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this ordinance.

501.2. Issue building permits, zoning certificates and zoning occupancy permits.

501.3. Maintain a permanent file with all zoning certificates, occupancy permits, and applications as public records.

501.4. The Zoning Officer shall identify and register all nonconforming uses and structures as required by law. A zoning certificate shall then be issued to the owner of said use or structure.

502.3. Construct, reconstruct, move, alter or enlarge any structure or building; or

502.5. Applications for the zoning certificate shall be accompanied by a site plan showing clearly and completely the location, dimensions, and nature of any structure involved, and such other information as the Zoning Officer may require for administration of this ordinance, together with the filing fee in accordance with the schedule annually affixed by resolution of the Council.

502.6. Zoning certificates shall become null and void one (1) year from date of issue. Prior to continuance of the activity or change for which the original certificate was issued, a new zoning certificate must be obtained.

502.7. Within thirty (30) days after the receipt of an application, the zoning officer shall either approve or disapprove the application or submit the appliction to appropriate review agencies in conformance with the provisions of this ordinance. All zoning certificates shall be conditional upon the commencement of work within one hundred twenty (120) days and substantial completion within one and one-half (I 1/2) years. One (1) copy of the plans shall be returned to the applicant by the Zoning Officer after the Zoning Officer shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One (1) copy of plans, similarly marked, shall be retained by the Zoning Officer. The Zoning Officer shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this ordinance.

Prior to occupancy of land or structure for any use, or to the change, of tenants, ownership, or occupants of any structure, land or premises, or any portion thereof, a zoning occupancy permit shall be obtained stating that the premises is in full compliance with this zoning ordinance.

Any person, partnership or corporation who or which shall violate the provisions of this ordinance shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than five hundred dollars ($500;00). In default of payment of the fine, such person, the members of such partnership, or the officers of such corporation shall be liable to imprisonment for not more than sixty (60) days. Each day that a violation is continued shall constitute a separate offense.

In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this ordinance, Council may, in addition to other remedies, institute in the name of the Borough 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.

Applications shall be filed with the Zoning Officer and shall be accompanied by an application fee in an amount equal to that set by resolution of Council, and five (5) copies of a site plan prepared in .accordance with §306.

506.1. Review: The Zoning Officer shall forward copies of the application to Council and to the Planning Agency for review and approval.

506.2. The Planning Agency shall forward its recommendation within thirty (30) days unless the petitioner agrees in writing to a time exten sion. Failure to act within the allotted time shall be deemed to be a favorable recommendation.

506.3. Council shall hold a public hearing within forty-five (45) working days of the filing of an application for a Planned Development and shall render their decision within sixty (60) days of such filing date.

506.4. Council may attach such conditions as they deem necessary to the approval of any Development Plan. The approved site plan and all attached conditions shall.be recorded with Allegheny County Recorder by the petitioner within thirty (30) days of final approval. All development, construction and use shall be in accordance with the approved plan, unless a revised plan is submitted, approved, and recorded. Any development contrary to the approved plan shall constitute a violation of this ordinance.

Planned Residential Developments shall require submission, review and approval of
a preliminary application and of'a final application in accordance with the following procedures and requirements.

507.1. The preliminary application shall include a Location Map, Site Map, Proposed Development Plan and Engineering Report. The application shall be submitted to the Zoning Officer with not less than seven (7) copies, and shall be accompanied by the fee.

507.2. The Zoning Officer shall forward one (1) copy each of the preliminary application to the Planning Commission, the Borough Engineer, the Health Department, and the County Planning Commission. Council shall not approve the preliminary application until reports from each of these agencies have been received, or until the expiration of thirty (30) days from the date the copies of the application for development were forwarded to- said agencies.

507.3. Council shall hold a public hearing within sixty (60) days of the filing of such preliminary application. Council shall render their decision not later than thirty (30) days after the conclusion of the public hearing.

507.4. Council shall give tentative approval to a Proposed Development Plan, if and only if, it is found to meet the criteria set forth in §§402 and 403.

507.5. The grant or denial of tentative approval shall include findings of fact related to the Proposed Development Plan as submitted for approval, and the reasons for the decision shall be set forth with particularity in what respect the Proposed Development Plan would or would not be in the public interest including, but not limited to, each of the cited criteria.

507.6. In the event a Development Plan is granted tentative approval, with or without conditions, Council may set forth in the official written communication the time within which an application for final approval of the Development Plan shall be filed or, in the case of a Development Plan which provides for development over a period of years, the periods of time within which applications for final approval of each park thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three (3) months and, in the case of development over a period of years, the time between applications for final approval of each part of a plan shall be not less than twelve (12) months.

507.7. The decision of Council shall be in writing and shall be given to the developer personally, or mailed to him at his last known address, not later than five (5) working days following the decision.

507.8. Failure of Council to render decision and to communicate it to the applicant in the time and in the manner required, shall be deemed an approval of the application and terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation or of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation and communication shall have like effect.

507.9(a) Grant tentative approval of the subject Development Plan as submitted;

507.9(b) Grant tentative approval subject to specified conditions not included in the Development Plan as submitted; or

507.10. If the developer chooses to reject any conditions attached to the grant of tentative approval, he may void such tentative approval by notifying Council within thirty (30) days of the date of the decision.

507.11. The grant of tentative approval may be revoked by Council if they are notified by the developer of his intention to abandon the proposed Development Plan. The grant of tentative approval shall be deemed to be revoked if the developer does not submit an application for final approval within the time limits required by this Article.

507.12. Application for final approval of each phase shall be filed with the Zoning Officer not later than twelve (12) months following the grant of tentative approval, unless otherwise specified by Council. The application shall comprise one reproducible copy of six (6) prints of the Development Plan for the phase, including a Site Plan and supplementary date, and a Certificate of Completion of Improvements or a Guarantee of Improvements as required by this ordinance.

The Council may amend this ordinance as proposed by a member of the Council, by the Planning Agency, or by a petition of a person residing or owning property within the Borough in accordance with the following provisions:

508.1. Petitions for amendment shall be filed with the Planning Agency, and the petitioner, upon such filing, shall pay an advertising deposit and a filing fee in accordance with a schedule annually affixed by resolution. The Planning Agency shall review the proposed amendment, and report its findings and recommendations in writing to the Council and to the petitioner. The proposed amendment shall be introduced before the Council only if a member of the Council elects to do so. If an amendment proposed by petition is not introduced, the advertising deposit shall be refunded to the petitioner; otherwise, such deposit shall be paid to the Borough.

508.2. Any proposed amendment introduced by a member of the Council without written findings and recommendations from the Planning Agency shall be referred to the Planning Agency for review at least thirty (30) days prior to public hearing by the Council.

508.3. Before voting on the enactment of an amendment, the Council shall hold a public hearing thereon pursuant to public notice. 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 Council shall hold another public hearing pursuant to public notice, before proceeding to vote on the amendment.

In accordance with law, the Council shall appoint and organize a Zoning Hearing Board, which Board shall adopt rules to govern its procedures. The Board shall hold meetings, keep minutes, and pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decision in writing, all as required by law. A fee shall be charged in accordance with a schedule annually affixed by resolution for any appeal or proceeding filed with the Zoning Hearing Board. The Zoning Hearing Board shall have the functions, powers and obligations specifically granted by law.

509.1. Variances: The Board shall hear requests for variances where it is alleged that the provisions of the zoning ordinance inflict unnecessary hardship upon the applicant. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the zoning ordinance. The Board may grant a variance provided the following findings are made where relevant in a given case:

509.1(a) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physioal conditions peculiar to the particular property, and that the unnecessary hardship is due to such oonditions, and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the district in which the property is located;

509.1(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of such property;

509.1(c) That such unnecessary hardship has not been created by the appellant;

509.1(d) That 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

509.1(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

509.2. Special Exceptions: The Board shall hear and decide requests for special exceptions enumerated in §304. In granting a special exception, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this ordinance.

The following exceptions to the provisions of the area sections of the district regulations shall be authorized by the administrator, under the procedures set forth in this subsection, and further subject to all other provisions of this Chapter, unless otherwise prescribed hereunder:

A. This Section shall apply to the following accessory uses for any one (1) or two (2) family dwellings or rowhouse structures in respect to the construction or erection of such accessory uses within the designated yards (setback areas) in any district:

(6) Air conditioner/condenser in front yard no closer to street than existing front porch or stoop.

B. The construction or erection of the above described accessory uses may be permitted under this Section despite the proposed use not being in compliance with certain designated setback requirements provided that the applicant can establish, by submittal of a plot plan, photograph(s) and other pertinent data such as written approval by surrounding property owners, the following:

(1) That in respect to the side yard requirements, the proposed construction or erection will not place the accessory use any closer to the neighboring property than the applicant's existing building line location.

(2) That 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.

(3) That authorization of the proposed area exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes permitted, nor substantially diminish or impair property within the
neighborhood.
(Ordinance 995, April 26, 1983; as added by Ordinance 2071, September 9, 1996, §1)

Article 6
Definitions

§601. General. Certain words used in this ordinance are defined below. Words used in the present tense shall include the future. The singular number shall include the plural, and plural the singular. The word "shall" is mandatory and not permissive.

ACCESSORY USES - a subordinate use which is clearly incidental and related to that of a main structure or main use of land.

ACCESSORY STRUCTURE - a subordinate structure, located on the same lot as the main structure, or a portion of the main structure, the use of which is clearly incidental to and customarily found in connection with the main structure or principal use of the land.

ADULT THEATER - any use which presents entertainers or materials which depict, describe or relate to any of the following: acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts; human genitals in a state of sexual stimulation or arousal; areas of the human body that are less than completely or opaquely covered limited to: human genitals, pubic region, buttock; and female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

AGRICULTURE - any use of land or structures for farming, dairying, pasturage, agriculture, horticulture, floriculture, arboriculture, or animal or poultry husbandry. Uses permitted in condjunction with an agricultural use may include barns, stables, corn cribs, silos and any other use or structure that is clearly related to an agricultural operation.

AMUSEMENT USE - a theatre, stadium, arena, bowling alley, or related facility for the presentation of musical, theatrical or sporting events where the number of spectators normally is greater than the number of players and where such use is not accessory to a school or church.

ANCILLARY CAFETERIA - a restaurant which is located within an office center having a floor area of not more than three thousand (3,000) square feet, and intended primarily to serve the employees or patrons of the complex within which it is located.

APPLICANT - a land owner, or holder of an agreement to purchase land, lessee or other person having a proprietary interest in land or the heirs, successors, assigns of such person who has filed an application for the use, improvement of development of any parcel or structure under this ordinance.

BASEMENT - a story partly below ground and having one half (1/2) or more of its height below the average level of the adjoining ground.

BASIC GRADE - the average elevation of the proposed grade line of the ground at the front of the structure as shown on the construction plans; in the case of a structure abutting the front property line, the elevation of the curb in front of the center of the structure, or if there be no curb, the elevation of the proposed grade line at the center of the front lot line; in case no grade line is established, the actual existing grade of the travelled roadway shall apply.

BUSINESS SERVICES - a service shop or office providing services and sales of office supplies and equipment where the repair and maintenance of equipment is limited, and does not include manufacturing or industrial operations.

CHILD CARE CENTER - any place, home or institution which cares for four (4) or more children under the age of sixteen (16) years apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, that the term "child care center" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building.

CLINIC - any establishment where human patients are not hospitalized overnight but are examined and treated by doctors or others who are duly licensed to perform medical healing arts.

CONVERSION DWELLING - a dwelling unit, two (2) or more of which have been created by the subdivision of any structure or any single-dwelling unit whether or not structural alterations or additions are entailed.

COMMON OPEN SPACE - a parcel of land integral to a Planned Residential Development and subject to provisions which assure the continued availability and maintenance of such open space for the use and benefit of the residents of the planned development.

COMMUNITY USE - a public or parochial school, playground or related recreation facility, public building or public maintenance facility.

CONDITIONAL USE - a specific exception to the standard regulations of this ordinance which requires approval by the Borough Council under terms and procedures and with conditions prescribed herein.

CONTRACTOR'S YARD - a commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods, but not including the wrecking, salvaging, dismantling or storage of junked automobiles and similar vehicles.

DEPENDENT DWELLING - a dwelling unit such as a garage apartment, carriage house, "granny flat" or the like which is an accessory use to the principal single family dwelling, installed and intended solely for the use of elderly parents, or other dependent, close relatives.

DEVELOPMENT PLAN -.a graphic and written presentation of either a Planned Residential Development or an Adoptive Re-use Development, including a plat of subdivision, and all provisions relating to use, location, and bulk of structures, intensity of development, streets, ways and parking facilities, common open space, and public facilities.

DEVELOPER - any present or prospective landowner or agent of such landowner who makes or causes to be made a Development Plan and an application for a planned development.

DWELLING UNIT - one or more living or sleeping rooms with cooking and sanitary facilities for one person or one family.

FAMILY - one (1) or more persons related by blood, adoption, or marriage, occupying a dwelling unit and living and cooking together as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, club, fraternity, or hotel. Unless all members are related by blood, marriage or adoption, no such family shall contain more than four (4) persons.

FLOOR AREA - in a dwelling, the sum of the horizontal areas of all rooms used for habitation but not including cellars, attics, unheated rooms, nor rooms without either a skylight or window. In a store, shop, restaurant, club or funeral home,- the sum of the horizontal areas of all space to which the customer has access and excluding storage, office, other preparation or administrative spaces. Gross floor area is the sum of the horizontal area of all floors of a structure and its accessory buildings as measured between the exterior faces of walls.

FOOD SERVICES - Any preparation of food edible items prepared at the site for wholesale but not being consumed on the premises - Example: bakery. (Ordinance 1015)

FRONT YARD DEPTH - the prescribed minimum open space extending across the entire width of the lot between the front line of building and street right-of-way.

GARDEN APARTMENT - a multiple family residential structure containing three (3) or more dwelling units having a height no greater than three (3) stories.

GAS STATION - a premises providing fuel and minor accessories and services to automobiles, but not including major overhaul, spray painting, recapping of tires, or auto wrecking.

GOVERNING BODY - the Borough Council, Borough of Carnegie, Allegheny County, Pennsylvania.

GROUP RESIDENCE - an establishment that provides room and board to persons who are residents by virtue of receiving supervised, specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, their licensed or certified agents, or any other responsible non-profit social service corporation. These services shall be provided in a family environment and only to persons who are children under eighteen (18) years of age; physically or mentally handicapped of any age; or elderly, sixty-two (62) or more years of age who are in need of supervision and specialized services. This category shall not include facilities for persons nineteen (19) or more years of age, released from or under the jurisdiction of a government bureau of corrections or similar institution. Supervision shall be provided by adults whose number shall be determined and certified by the sponsoring agency. However, one responsible adult shall be available for the residents on a twenty-four (24) hour a day basis while the residents are on the premises.

The residents of the facility need not be related to each other, however, the number of residents shall be limited and, in any event, shall not exceed eight (8) residents.

GROUP CARE FACILITY - an establishment that provides room and board to persons who are residents by virtue of receiving supervised, specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, their licensed or certified agents or any other responsible non-profit social service corporation. Supervision shall be provided by responsible adults whose number shall be determined and certified by the sponsoring agency. However, one responsible adult shall be available for the residents on a twenty-four (24) hour a day basis. The residents of the facility need not be related to each other, however, the number of residents shall not exceed eight (8) persons.

HEIGHT - the vertical distance from the average contact ground level at the front wall of a structure to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

HOTEL - a structure or structures designed for occupancy primarily as the temporary abiding place of individuals who are lodged with or without meals, including auto courts, motels, motor hotels, motor lodges, tourist courts and the like.

INSTITUTIONAL FACILITY - an establishment that provides room and board to persons who are residents by virtue of receiving supervised, specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, their licensed or certified agents or any other responsible social service corporation. The facility shall be appropriately staffed on a twenty-four (24) hour a day basis as normally prescribed by County or Commonwealth regulations. This facility shall not include business or professional offices, business activities, fraternal or social clubs, hospitals, rooming or boarding homes..

LIGHT MANUFACTURING - the processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. Light manufacturing includes the production of the following goods: home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry, optical goods, musical instruments, novelties, wood products, printed material; lithographic plates; type composition; machine tools, dies and gauges; ceramics; apparel; lightweight non-ferrous metal castings; film processing; light sheet metal products; plastic goods; pharmaceutical goods; and food products but not animal slaughtering, curing, nor rendering of fats.

LOADING SPACE - an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or mater-
ials.

LOCAL RETAIL SHOP - retail stores and personal service shops which cater to the day to day needs of nearby residents and which can be located in close proximity to residential neighborhoods without an adverse impact from undue vehicular congestion, excessive noise or other oblectional in-fluences. Such shops and store include drug stores, beauty salons, barber shops, dry cleaning and laundry pickup facilities having a floor area of less than three thousand (3,000) square feet, and grocery stores of less than eight thousand (8,000) square feet in floor area

LOT - a parcel of land occupied or capable of being occupied by one (1) or more structures.

LOT OF RECORD - any lot which individually or as a part of a subdivision, has been recorded in the Office of the Recorder of Deeds of the County.

LOT, DEPTH OF - a mean horizontal distance between the front and rear lot lines.

LOT, AREA OF - the horizontally projected area of a lot computed exclusive of any portion of the right of way of any public thoroughfare.

LOT, ZONING - a parcel of land, fronting on a street, which is or may be occupied by a structure with accessory uses and structures and the open spaces required under this ordinance, including easement areas if any, but not including any public or private street or alley.

MANUFACTURING - the processing and fabrication of any article, substance or commodity.

MEMBERSHIP CLUB - a chartered, non-profit organization, the primary purpose of which is the advancement of its members of the community in education, fraternal, cultural or civic pursuits and activities.

MOBILE HOME - a prefabricated dwelling unit designed for transportation on streets and highways on its own wheels or on a flat bed or other trailers, and arriving at the site where it is intended to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundation, connection to utilities and the like.

MOBILE HOME PARK - a Planned Residential Development which is to be occupied by two (2) or more mobile homes.

MULTIPLE FAMILY STRUCTURE - a residential structure containing three (3) or more dwelling units.

NONCONFORMING STRUCTURE - any structure or part of a structure legally existing at the time of enactment of this ordinance or any of its amendments which does not conform to the provisions of this ordinance.

NONCONFORMING USE - any use or arrangement of land or structures legally existing at the time of enactment of this ordinance or any of its amendments which does not conform to the provisions of this ordinance.

NONCONFORMING LOT - a lot whose width, area or other dimension does not conform to the regulations of this ordinance and which was a lot of record or lawfully existed at the time the regulations with which it does not conform became effective.

ONE-FAMILY HOUSE - a detached building having accommodations for and occupied by not more than one (1) family.

PERSONAL SERVICES - Any service which individuals typically utilize in attending to their personal needs, including but not necessarily limited to, services such as barber and/or beauty shops, laundry and/or dry cleaning, health clubs and spas. (Ordinance 1015)

PLANNED RESIDENTIAL DEVELOPMENT - at least five (5) acres of land, controlled by one landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot
size, bulk or type of buildings, density, lot coverage and required open space to the regulations established in any one residential district of the zoning ordinance.

PLANNING AGENCY - the Planning Agency of the Borough of Carnegie, Allegheny County, Pennsylvania.

PUBLIC BUILDING - a structure owned or leased and operated by a governmental agency.

REAR YARD DEPTH - the prescribed minimum open space extending across the entire width of the lot between the back line of the building or accessory structure and the rear lot line.

RECREATION CLUB - a non-commercial facility operated by and for its members and providing recreational facilities for the use of members and their guests.

RESEARCH LABORATORY - a facility for applied research conducted within an enclosed structure where no goods are produced in quantity.

SEAT - a fixed seat in a theatre, auditorium or meeting room, or twenty-four (24) lineal inches of an installed bench or pew, or in the absence of these, six (6) square feet of floor space in the seating area.

SCREENING - screening relative to this ordinance shall mean a fence, evergreen hedge or wall at least six feet (6') high, provided in such a way that it will block a line of sight. The screening may consist either of one or serveral rows of bush or trees or of a constructed fence or wall.

SECURITY ILLUMINATION - level of illumination in prescribed areas of .25 foot candles.

SIDE YARD WIDTH - the prescribed minimum open space extending from the side of any building or accessory structure to the side lot line throughout the entire depth of the yard. Any lot line not a rear line or a front line shall be deemed as a side line.

SIGN - any suface, fabric or device bearing lettered pictorial or sculptured matter designed to convey information visually and exposed to public view, or any structure (including billboards, poster panesl, or other graphic displays) designed to carry the above visual information.

STRUCTURE - anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including an addition to buildings, billboards, carports, porches, and other building features, but not including sidewalks, drives, fences and patios.

SURETY BOND - an agreement between a land owner or his agency or a builder or developer and the Borough of Carnegie providing for full payment to the Borough for any improvements promised by the land owner, builder or developer but not completed within the time prescribed by the promissory agreement.

SWIMMING POOL - a container of water used for swimming or bathing purposes, of any depth or size if wholly or partially sunk beneath adjacent ground level. If erected above ground, the same shall be covered under the terms of this ordinance only if it has at least one dimension greater than fifteen feet (15'), or is more than thirty-six inches (36") in depth. As herein defined, the term "swimming pool" shall be deemed to be a structure.

TOWN HOUSE - row of three (3) or more attached, one-family dwellings, separated by vertical party or lot-line walls, and each having private entrances.

TWO-FAMILY HOUSE - a detached structure having accommodations for and occupied by not more than two (2) families.

USE - the purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied or maintained.

VARIANCE - an authorization to vary slightly from the strict interpretation of the standards of this ordinance which may be granted by the Zoning Hearing Board in accordance with law.

VEHICLE SALES AREA - the sale or leasing of automobiles, mobile homes, trucks, or farm equipment in a building or on an open lot where no repair work except that which is minor and incidental to the principal use.

YARD - an open space on a lot, other than a court, unoccupied and unobstructed from the ground to the sky, not occupied by structure or used for parking or storage, except as otherwise provided, and not including any portion of a street or alley.

ZONING CERTIFICATE - a document issued to an applicant by the Zoning Officer certifying that the proposed use of land and structures, the characteristics of the uses, and the approved site plan are in conformance with all pertinent provisions of this ordinance, and authorizing the applicant to proceed with the preparation and development of such land and structure.

ZONING OCCUPANCY PERMIT - a document issued by the Zoning Officer upon completion of the construction of a structure, or change in use of a structure or parcel of land, or change of occupancy of structure, and indicating that the use and structure is in compliance with this ordinance, that all conditions attached to the granting of the zoning certificate have been met, and that the structure and land may be occupied and used for the purposes set forth in the zoning certificate.
(Ordinance 995, April 26, 1983, §601; as amended by Ordinance 1015, November 12, 1985, §1)

Article 7
Regulations for Fences and Walls in Residential Districts

701.1. All fences shall be kept and maintained in a good state of repair and in harmony with the general beauty of the surrounding neighborhood.

701.2. A permit for the erection of all fencing, walls, or screens shall be obtained from the Building Inspector prior to the start of any such erection. An application fee of five dollars ($5.00) shall accompany any permit application(s). A drawing showing the proposed location, height, and type of material of any fence, wall or screen shall also be submitted with such application. The Building Inspector shall approve or deny such application within thirty (30) days of its submission. Said decision shall be communicated to the applicant in writing. The decision of the Building Inspector may be appealed to the Council of the Borough of Carnegie. The applicant need merely file a written letter with the Borough Secretary requesting that Council review the decision of the Building Inspector. The Council of the Borough of Carnegie shall approve or deny said appeal(s) within thirty (30) days from the date of said written letter. The decision of the Council of the Borough of Carnegie shall be final and shall be communicated to the applicant in writing.

701.3. The fee for the issuance of a permit for the erection of a fence, wall or screen shall be twenty-five dollars ($25.00), payable to the Borough of Carnegie. The Building Inspector shall receive, from the Borough of Carnegie, a commission of fifty (50) percent of the application and/or permit fees.

701.4. Fencing or screening may be constructed of wood, masonry, metal, wire mesh or similar materials, including fences of interwoven material construction, such as the basket-weave type. No fence, wall or screen constructed of concrete block shall be erected, nor shall any fence be erected which is constructed of dangerous materials or which has sharp points or edges protruding therefrom.
(Ordinance 1009, June 11, 1985, §1)

702.1. In residential districts, fences may be erected in side and rear yards but they shall not exceed the height of six (6) feet. Fences, walls or screens may be erected in a front yard provided it is an ornamental (see through and open) fence, wall or screen which shall not exceed the height of four (4) feet. Such ornamental fence shall not be erected closer to the street than the front building set back line.

702.2. In the case of corner lots, authorized fences shall be erected in side yards, abutting a street only in accordance with the following criteria:

(1) A fence, wall or screen shall be located behind the building line shown on the recorded plot.

(2) In the event subsection 1 does not apply, a fence shall be located no closer to the street right-of-way line than.th side of the dwelling abutting the said street.

(3) In the event subsection 1 and 2 do not apply, a fence shall be located a distance from the street right-of-way line at least equal to the front yard of the rear abutting lot which fronts on that street.

(4) In the event subsections 1, 2 and 3 do not apply, a fence shall be located a distance from the street right-of-way line equal to the depth of the front yard of the same lot.
(Ordinance 1009, June 11, 1985, §2)

703.1. Security fencing provided for a business establishment, school, playground, park, public right-of-way or other public use, shall be an open fence and shall not exceed the height of (10) feet.

703.2. No security fences shall be permitted and/or provided for business establishments located within the C-1 or C-2 Zoning District of the Borough of Carnegie.
(Ordinance 1009, June 11, 1985, §3)

704.1. No fence, wall, screen, tree, shrub or other planting authorized by this Ordinance, including front yard fences, screens, walls, trees,. shrubs and other plantings are permitted if they block a clear view or vision for vehicular traffic. Clear-sight-triangles shall be maintained as follows:

(1) Street Intersections - shall be the entire triangular area as measured seventy-five (75) feet from the intersection of the center lines:. of the streets.

(2) Residential Driveway with a Public Street - 15 feet on the drive by the safe stopping distance for the public street which shall be determined by the Building Inspector.

(3) Public Street with Public Street - 150 feet on arterial streets and 75 feet on collector and local streets.

(4) Commercial, Industrial Driveway with a Public Street - 150 feet on arterials, 75 feet on collector or local streets.

(5) Any specified standard may be modified if determined necessary by the Council of the Borough of Carnegie.

704.2. Any tree; shrub, hedge or other plant material planted in areas applicable to the clear-sight-triangle shall not exceed a height of thirty (30) inches.

705.1. The following regulations shall be applicable to fences permitted under this Ordinance:

(1) Security fence for business establishment, school; playground, park, public right-of-way or other public use - open fence with a ratio of open to solid portion of six to one (6:1).

705.2 No fence, wall, or planted screen, consisting of trees, shrubs or other plant material, shall be erected in a dedicated street right-of- way.

705.3. Any person, firm or corporation who shall violate or refuse to comply with the provisions of this Ordinance, shall, upon conviction thereof before any Justice of the Peace or Magistrate, be sentenced to pay a fine of not more than three hundred ($300.00) dollars and costs of prosecution, provided, that each day's violation of any provision of this Ordinance shall constitute a separate offense.

705.4. All Ordinances or parts of any Ordinance which conflict with the provisions of this Ordinance are hereby repealed.

Article 8
Parkway Protection Overlay District

1. Title. The official title of this Article is "Carnegie Parkway Protection Overlay District Ordinance."

2. Interpretation. In the event of conflicts between the provisions of this Article and any other ordinance or regulation, the more restrictive provisions shall apply.

3. Purposes and Objectives. This Article is adopted to achieve the following objectives:

B. To promote the public health, safety and welfare of the residents of the Borough.

4. District Boundaries. The boundaries of the district shall be as depicted on the attached map, which is hereby made an official part of this Article.

5. Compliance. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this Article and after the lawful issuance of all permits and certificates required by this Article and any other regulations of the Borough of Carnegie.
(Ordinance 2027, April 13, 1994, Art. I)

A. Pursuant to §309.5 of this Chapter, no new construction or other permits shall be issued for any off-premises sign within the Parkway Protection Overlay District.

B. Primary Use. An off-premises sign shall constitute a primary use of any lot upon which it is located. Only one primary use shall be permitted on any lot within the Parkway Protection Overlay District.

C. Illumination. Whenever external illumination is used for an existing off-premises sign within the district, the source of the light shall be screened or shielded in such a manner that the source is not visible. No sign shall be illuminated between the hours of 10:00 p.m. and 6:00 a.m. No signs shall have internal illumination within the district, and any sign located adjacent to a dwelling unit or lot zoned for residential use shall be located, shielded and screened to prevent direct light or glare onto a dwelling unit or residential lot.

A. Ground Signs. Except as provided below, all on-premises signs located in the Parkway Protection Overlay District shall be freestanding ground signs of the types depicted in the accompanying illustration.

(1) Maximum Height. Five (5) feet, including any base; provided, that special logo identification features may be constructed to the height of seven (7) feet. The total square footage of the logo shall not exceed nine (9) square feet on each face.

(2) Maximum length. Twenty (20) feet for the sign face and thirty (30) feet for the overall length, including the base structure.

(3) Maximum Surface Area. No on-premises sign face shall exceed sixty (60) square feet on each face. No on-premises sign shall have more than two (2) faces.

(4) Maximum Number. No more than one (1) free-standing sign shall be allowed on any lot. However, where an establishment is part of a larger retail, commercial or industrial development, shopping center or similar land use with multiple occupants or tenants, the total number of freestanding on-premises signs shall be limited to two (2) signs per lot that identify the development or center, not individual occupants or businesses therein; provided, that a uniform sign plan has been submitted and approved for the entire development. No freestanding on- premises signs shall be allowed for individual establishments within a larger shopping center, commercial or industrial development, or similar land use with multiple occupants or tenants.

(5) Illumination. Whenever external illumination is used for a sign, the source of the light shall be screened or shielded in such a manner that the source is not visible. No sign shall be illuminated between the hours of 10:00 p.m. and 6:00 a.m. except during the time the establishment displaying the sign is open for business. No sign shall have internal illumination within the district, and any sign located adjacent to a dwelling unit or lot zoned for residential use shall be located, shielded and screened to prevent direct light or glare onto a dwelling unit or residential lot.

(6) Landscaping. The sign base shall be planted with a mixture of evergreen and deciduous shrubs to equal a minimum of five (5) with a requirement of one (1) plant per two (2) linear feet of the sign base.

(7) Minimum Setback. All signs must be setback at least five (5) feet from the property line, except that one hundred (100) feet of the parkway. However, if the lot upon which the sign is to be erected in less than one hundred (100) feet in depth, then the sign may be erected at a minimum distance of one-half (1/2) the maximum depth of the lot. Furthermore, if the sign is constructed in a uniform parkway style as depicted in the accompanying illustration, then the sign may be placed at a minimum distance of fifty (50) feet of the parkway within the landscaped buffer yard required in Article III herein.

(8) Minimum Spacing Between On-Premises Ground Signs. One hundred (100) feet between the closest freestanding sign edges.

(9) Color/Materials. All on-premises signs shall be constructed of brick or stone and shall be of predominantly natural earth-tone colors.

B. Special Sign Standards for Automobile Service Stations. In addition to other signs allowed by this Article, automobile service stations may erect changeable copy signs advertising the prices of different grades of gasoline or other fuels; provided, that:

(1) Such signs are permanently mounted either on fuel pumps or on the supports of a canopy covering the fuel pumps.

(2) Such signs shall not be erected higher than twelve (12) feet above the ground.
pump island, none of which shall exceed nine (9) square feet.

(3) There shall be no more than four (4) sign faces per pump island, none of which shall exceep nine (9) square feet.

4) In addition to the size limits for on-premises signs contained in §802(2)(A) of this Article, the combined surface' area of all such signs at each pump island shall not exceed sixteen (16) square feet.

C. Additional Standards for Wall/Building Signs. In addition to the on-premises signs permitted according to the regulation in this Article, there shall be allowed one (1) additional sign for each lot, principal structure on each lot, or each business in a multi-occupancy or tenant development affixed to the wall of the principal structure, subject to the following requirements.

(2) The sign shall extend no further than twelve (12) inches from the wall to which it is attached.

(3) The sign shall be attached to the wall so that the face of the sign is substantially parallel to the wall.

(4) The maximum vertical dimension of the sign shall be no greater than four (4) feet and shall not extend beyond any wall or parapet of the building.

(5) The maximum horizontal dimension shall be one (1) foot for every front foot of a building, to a maximum of fifteen (15) feet.

D. Additional Standards for Window Signs. In addition to the regulations contained in this Article, all window signs shall comply with [the] following requirements. The total area of all window signs on display at any one time, including temporary window promotional signs, shall not exceed twenty-five (25) percent of the total area of the window in which they are located. A series of windows that are separated by frames less than six (6) inches in width shall be considered as a single window for the purposes of this' computation.

E. Additional Standards for Canopy and Awning Signs. In addition to the regulations contained in this Chapter, all canopy and awning signs shall comply with the following requirements. The characters or letters of the sign shall not exceed six (6) inches in height and shall appear only on the apron of the canopy or awning.

F. Additional Standards for Temporary Signs. In addition to the standards contained in §309.6 of this Chapter, all temporary signs within the Parkway Protection District shall conform to the standards:

(1) Maximum Height. Eight (8) feet, including base, provided that the Borough Council shall have the authority to permit taller signs upon finding unusual topographic conditions, due to which placement of the sign on property below the level of the parkway would render such sign ineffective for conveying information to the public. In providing relief from such conditions, the Borough Council shall restrict the maximum height of the sign to the shortest height possible that will still enable the sign message to be conveyed to the public. However, in no instance shall any sign exceed fifteen (15) feet in height from base to the highest point on the sign.

(2) Maximum Number. No more than one (1) temporary sign shall be allowed on any lot in addition to any other sign allowed by district regulation.

(3) Sign Base. All temporary signs must be affixed to the ground. No portable temporary signs are allowed in the district.

(4) Minimum Setback. All temporary signs must be setback at least ten (10) feet from the property line of the lot within which it is located, except that no sign shall be erected within one hundred (100) feet of the parkway. However, if the lot upon which the sign is to be erected is less than one hundred (100) feet in depth, then the sign may be erected at a minimum distance of one-half (1/2) the depth of the lot from the parkway.

(5) Color/Materials. The frame and all structural elements of any temporary sign shall be painted a natural earth-tone color to blend in with the surrounding landscape. Only wood, metal, stone or brick materials may be used for the frame and structural elements.

A. In addition to the signs prohibited in §309.5(h) of this Chapter, the following signs shall be prohibited in the Parkway Overlay District:

(2) Attention-getting devices, flags, pennants and banners, except on a temporary basis in connection with the opening of a business for a period of not longer than thirty (30) days.

(3) Signs, other than official traffic signs, using the words "stop," "look," "listen," "slow," "danger" or any other word, phrase, symbol or character that imitates official traffic signs and that may be misleading or confusing to motorists.

B. The following display devices shall not be defined as signs and shall be exempt from the requirements of these district regulations, except as they may interfere with traffic safety or in any other way become a public safety hazard:

(3) Official government displays and notice boards owned and maintained by a governmental entity including, but not limited to, traffic control devices, public notices, government flags and other displays warning of hazardous or dangerous conditions.

(5) Vehicle displays attached to any operative vehicle that is related to the purpose or use of the vehicle, such as taxi signs and delivery vehicle signs. Displays affixed to vehicles that are not related to the function of the vehicle shall be subject to the off-premises sign regulations contained herein.

In addition to all placement requirements contained herein, no sign shall be placed in such a position that it will obstruct the view of motorists or cause any other danger to motorists or pedestrians within a public right-of-way or on adjoining lots. Nor shall any sign be placed within the clear sight triangle required to be maintained at all street intersections, driveway and accessway entrances onto public streets. (See definition Sections for definition of "clear sight triangle").

A. Any sign within the Parkway Protection Overlay District that was lawful at the time of the enactment of these regulations, or at the time of enactment of any amendment hereto, that renders the sign nonconforming, shall be deemed a legal nonconforming sign and may be continued only as provided in this Section. However, before a property owner receives subdivision approval, a certificate of occupancy, or building permit to develop his or her property or develop another primary use on a lot, all nonconforming signs must be removed.

B. Normal maintenance of a nonconforming sign may occur, including any necessary repairs and alterations that do not enlarge, extend or intensify the nonconformity.

C. No structural alterations, enlargement or extension shall be made of a nonconforming sign, except when the alteration is required by law or will eliminate the nonconforming condition.

D. No conforming sign shall be erected on the same premises as an existing nonconforming sign until the nonconforming sign has been removed or changed to a conforming sign. However, in shopping center or similar retail, commercial or industrial development with multiple occupants or tenants, the fact that one particular establishment therein has a nonconforming sign will not prohibit a different establishment therein from erecting a conforming sign on the premises.

E. A nonconforming sign shall be made to conform with the requirements of this district whenever there is a change in the use or occupancy of the building which the sign services, or whenever the building or structure which the sign serves is externally expanded or remodeled.

F. Whenever the use of a nonconforming sign, or the use that the sign serves, has been discontinued for a period of six (6) consecutive months, or whenever it is evident that there is a clear intent on the part of the owner to abandon the use of a nonconforming sign, or the use that the sign serves, then the sign thereafter shall be removed or made to conform with the provisions of this Section.

G. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty (50) percent or more of its replacement value at the time of the damage or destruction (based on the then-prevailing costs), then the sign shall be made to conform to the provisions of the Parkway Protection Overlay District. However, if the damage or destruction is less than fifty (50) percent of the replacement value, then the sign may be restored to its original condition. In either event, restoration or repair of the sign must begin within three (3) months after the date of damage or destruction and diligently pursued to completion, and the repaired or reconstructed sign shall be made to conform to the building code and electrical code of the Borough of Carnegie in force at the time of the repair or reconstruction.
(Ordinance 2027, April 13, 1994, Art. II)

A. Buildings. All buildings shall be setback a minimum of two (2) times the maximum height of the building, but in no case less than one hundred (100) feet from the parkway right-of-way, except where the maximum depth of the lot upon which the building is located is less than two hundred (200) feet, in which case the setback may be reduced to a minimum of fifty (50) percent of the maximum depth of the lot. However, in no case shall the setback be reduced to less than twenty- five (25) feet.

B. Accessory Uses; Parking Lots; Signs. All accessory uses, parking lots and signs shall be setback at least one hundred (100) feet from the parkway right-of-way, except where the maximum depth of the lot upon which the building is located is less than two hundred (200) feet, in which case the setback may be reduced to a minimum of fifty (50) percent of the maximum depth of the lot. However, in no case shall the setback be reduoed to less than twenty-five (25) feet.

C. Retaining Walls. Retaining walls shall be setback a minimum of thirty-five (35) feet from the parkway right-of-way.

A. Landscaping. All setbacks and buffer yards required by this Article shall be landscaped as depicted in the accompanying illustration. Planting requirements per one hundred (100) feet of length for buffer yards are as follows:

(3) The exact placement of required plants shall be the decision of each user except that the following requirements shall be satisfied:

(a) Evergreen (or conifer) plant materials shall be used in clusters, rather than singly.

(b) Planting schemes shall be based on a four (4) season plan and materials selected that highlight each season: spring--flowering plants; summer-shade; fall-leaf color; winter-branch form, texture, windbreak capability.

B. View of Buildings. To permit views of buildings on lots adjacent to the parkway, openings may be defined in the landscaping.

C. Maintenance. Buffer yards shall be maintained by the owner of the property. Debris and litter shall be cleaned on a semiannual basis. Damage to fifteen (15) percent or more of the plant material for any reason, including disease, wind or fire, shall require replacement of all such damaged plant materials.

D. Ownership. Buffer yards may remain in the ownership of the original developer of a land use, or the may be transferred to any consenting grantees, such as adjoining landowners, a park or forest preserve district, a municipality, or an open-space conservation group; provided, that the Borough Council determines any such conveyance adequately guarantees the protection and maintenance of the buffer yards for the purposes of this Chapter.

E. Existing Trees and Vegetation. All existing trees and vegetation within buffers shall be protected in accordance with provisions set forth in Article VI. Existing vegetation and trees may be used to meet buffer yard landscaping requirements to the extent they satisfy all other provisions of this Article. Additionally, up to twenty (20) percent of existing vegetation and trees in the buffer area may be removed in a contiguous area to provide views of buildings on the lot from the parkway.

All parking lots constructed or expanded by five (5) percent in area or in number of spaces after the effective date of this Chapter shall be screened around their entire perimeter (except on the sides directly adjacent to the buildings they save) with a landscaped buffer meeting the following requirements as depicted in the accompanying illustration.

A. Perimeter Landscaping. The minimum width on any landscaped parking lot buffer shall be ten (10) feet. The buffer yard shall include either of the following:

(1) Canopy trees at thirty (30) feet on center with continuous evergreen shrubbery at three (3) feet on center and two (2) feet, six (6) inches in height at time of planting in between.

(2) Flowering ornamental trees at thirty (30) feet on center with a continuous strip of evergreen shrubbery at three (3) feet on center at a height of two (2) foot, six (6) inches at the time of planting in between.

B. Interior Landscaping. All off-street parking areas with more than five (5) parking spaces must be landscaped in accordance with §306.4(d) of this Chapter.
(Ordinance 2027, April 13, 1994, Art. III)

A. On land within the Parkway Protection Overlay District, the following standards shall apply to all grading and development of steep slopes as defined below:

(1) Twelve (12) to less than fifteen (15) percent slope no more than seventy (70) percent of such areas shall be developed and/or regraded or stripped of vegetation.

(2) Fifteen (15) to Less Than Twenty-Five (25) Percent Slope. No more than four (4) percent of such areas shall be developed and/or regraded or stripped of vegetation.

(3) Twenty-Five (25) to Less Than Thirty (30) Percent Slope. No more than fifteen (15) percent of such areas shall be developed and or regraded or stripped of vegetation.

(4) More Than Thirty (30) Percent Slope. No development shall be allowed except upon submission of a report by a certified soil or geotechnical engineer indicating that the steep slope map be safely developed. If development is allowed to proceed under this subsection, no more than fifteen (15) percent of such areas shall be developed and/or regraded or stripped of vegetation.

(5) All applications for subdivisions or development on slopes in excess of twelve (12) percent shall be accompanied by a slope map prepared by a qualified professional such as a landscape architect, planner or engineer indicating the contours and percent of slope throughout the property and a soils map indicating the locations, character and extent of all areas determined by the Soil Survey of Allegheny County.

(6) All applicants shall utilize the Soil Survey of Allegheny County to identify landslide prone soils on the development site. If any landslide prone soils are indicated, then the applicant shall have further studies conducted by a qualified professional soils or geotechnical engineer to determine the exact dimensions and location of the landslide prone area. No such landslide prone area may be disturbed or developed.

(7) No development shall take place within twenty (20) feet of any area determined to be landslide prone by a geotechnical study performed pursuant to this Article.

(8) In any area that is cut and filled or regraded, the resulting slope shall not exceed thirty-three (33) percent (3:1).

B. Graded and,Filled Slopes. In addition to standards set forth in the above subsection, the standards set forth in §310.1 of this Chapter shall apply.
(Ordinance 2027, April 13, 1994, Art. IV)

All development along perennial streams (as depicted in blue on relevant topographical maps of the United State Geological Survey) within the district shall comply with the setback requirements set forth in §310.4 of this Chapter in addition to the standards set forth below:

A. All existing vegetation within the one hundred (100) foot setback area provide in §310.4 of this Chapter shall be preserved and, where necessary to provide adequate screening, supplemented with additional landscaping.

All plans for subdivision or development approval shall identify the location of all trees greater than twelve (12) inches in diameter at breast height, their species, diameter and canopy drip lines.

A. All healthy trees in excess of twelve (12) inches in diameter at breast height, wherever located on a site, shall be protected and preserved to the maximum extent feasible.

B. All trees in excess of twelve (12) inches in diameter at breast height (dbh) that are removed during site preparation or development shall be replaced with trees of the same size as follows:

(1) Twelve (12) inches in diameter, replace six (6) trees of similar species four (4) inches dbh for every one (1) removed.

(2) From twelve (12) inches to nineteen (19) inches in diameter, replace nine (9) trees of similar species forty-five (45) inches dbh for every one (1) removed.

(3) Greater than eighteen (18) inches in diameter, replace twelve (12) trees of similar species four (4) inches dbh for every one (1) removed.
(Ordinance 2027, April 13, 1994, Art. VI)

A. Roof Structure. Rooftops should contribute to the visual continuity of the corridor and should be considered as a design element that will be seen from view points at ground level, from other buildings and from the parkway. The following standards shall apply:

(1) Buildings having up to and including two (2) stories shall have fully enclosed roofs. No visible roof-mounted mechanical equipment shall be allowed.

(2) Buildings of three (3) stories or more shall also have fully enclosed roofs of articulated roof forms that express the building and at the same time shield exposed roof-mounted mechanical systems from view.

(1) In addition to the screening requirements contained in 65304.4 and 306.4(a) of this Chapter, all mechanical equipment and trash collection areas shall be screened from public view and designed so as to be integral to the site and primary
architecture.

(2) Loading docks, trash collection areas, service entrances and similar uses shall be oriented away from the parkway whenever possible.

(c) The visual impact of utilities, data transmission dishes, and related services should be minimized in all developments. Utility lines shall be installed underground and all transmitters, switching boxes and other utility cabinets shall be screened from view of the parkway.

C. Public Works and Utilities. When it is necessary to construct public works and utilities such as water towers, high tension electric lines, microwave relay towers and similar facilities on hillsides, they should be located so as not to be visible from the parkway or to reduce their visual impaot to the maximum extent possible by locating off the tops or brows of hills and ridgelines and being constructed of materials whose color blends in with the surrounding landscape.
(Ordinance 2027, April 13, 1994, Art. VIII)

CLEAR SIGHT TRIANGLE - the triangular area formed by a diagonal line connecting two (2) points located on intersecting right-of-way lines (or right-of-way line and the curb of a driveway), each point being that distance from the intersection, and the two (2) intersecting right-of-way lines) (or right-of-way line and a driveway) specified in the accompanying illustration.

MAXIMUM EXTENT FEASIBLE - no feasible and prudent alternative exists, and all possible planning to minimize potential harm has been undertaken.

OFF-PREMISES SIGN - a sign the identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered or a commodity sold at a location other than on the premises or lot where the sign is located.

SIGN SURFACE AREA - the smallest rectangle or other regular shape which encompasses all of the letters, symbols and accompanying designs, together with background on which they are displayed, but not including any supporting structures. In computing the area of a double-faced sign, only one (1) side shall be considered. If a sign is comprised of more than two (2) sides, the area of each side shall be considered in calculating sign
area.

Minimum Side or Rear Yard Abutting any Lot in any "R" District	Use
8 feet	Off-street parking spaces and access drives for nonresidential uses.
15 feet	Churches, schools, public or semi-public structures.
20 feet	Recreation facilities, entertainment facilities, motels, all business uses and all industrial uses.

Use	Parking Spaces Required
Apartments	Two for each dwelling unit
Auto Service Stations	Two for each pump
Bowling Alley	Six for each alley
Business Services, Food Services	One for every 330 square feet of gross floor area
Church, Theatre, School	One for every four seats in the largest meeting room
Dormitory	One for every three beds
Duplex, Town House	Two for each dwelling unit
Elderly Housing	One for every two units
Funeral Home	Five for each reposing room: 12 minimum
Group Residence, Group Care Facility, Institutional Facility	One for every three residents plus one for each employee on duty
Hospitals	One for every 800 square feet of floor area
Hotels, Motels	One for every rental unit
Manufacturing Plants	One for every three employees; one for every 2,000 square feet of gross floor area, at a minimum
Medical & Dental Offices	One for every 250 square feet of gross
One-family Dwelling	Two for each dwelling unit
Private Clubs or Lodges	One for every 500 square feet of gross floor area
Restaurants	One for every 100 square feet of public floor area
Retail Stores, Shops,	One for every 250 square feet of gross floor area
Offices: Business Services, Food Services	One for every 330 square feet of gross floor area
Tennis or Squash Courts	Three for every court
Vehicle Sales or Repair	One for every 500 square feet of floor area
Warehouses	One for every 500 square feet of gross floor area

2 year	2.50
10 year	3.61
25 year	4.31
100 year	5.71

Zoning Ordinance

BOROUGH OF CARNEGIE
ALLEGHENY COUNTY, PENNSYLVANIA

CHAPTER 27
BOROUGH CODE OF ORDINANCES
(ZONING ORDINANCE NO. 995)

BOROUGH OF CARNEGIE
ONE VETERANS WAY
CARNEGIE, PA 15106

CHAPTER 27

ZONING

Contents/Links

Article 1 - Basic Provisions

Article 2 - District Regulations

Article 3 - General Regulations

Article 4 - Conditional Uses and Planned Developments

Article 5 - Administration and Enforcement

Article 6 - Definitions

Article 7 - Regulations for Fences and Walls in Residential Districts

Article 8 - Carnegie Parkway Protection Overlay District

Article 1
Basic Provisions

Article 2
District Regulations

Article 3
General Regulations

ARTICLE FOUR: CONDITIONAL USES AND PLANNED DEVELOPMENTS

Article 5
Administration and Enforcement

Article 6
Definitions

Article 7
Regulations for Fences and Walls in Residential Districts

Article 8
Parkway Protection Overlay District

DISTRICT	"R-1" One Family Residence	"R 2" Two Family Residence	"R-3" Multiple Family Residence	"R-4" Multiple Family Residence	"C-1" Commercial	"C-2" Transition Commercial	"C-3" Office Commercial	"H-1" Planned Industrial
PERMITTED USES	One Family House; Agriculture; Parks & Recreation; Community Use; Accessory Uses	One-Family House; Two Family House; Agriculture; Community Use; Accessory Uses	One-Family House; Two-Family House; Townhouses; Agriculture; Community Use; Accessory Uses	One-Family House; Two-Family House; Townhouses; Apartments; Agriculture; Community Use; Accesnory Uses	Auditorium; Banks; Business; College; Business Services; Club; Department Store; Food Services; Funeral Home; Medical Clinic; Offices; Restaurant; Bar; Retail Stores; Shopping Center; Studio; Hotel; Motel; Accessory Uses; Public Building	Banks; Business Services; Funeral Home; Medical Clinic; Offices; Studio; One-Family House; Two-Family House; Townhouses; Garden Apartments; Accessory Uses	Banks; Business Services; Medical Clinic; Offices; Hotel; Motel; Restaurants; Accessory Uses	Light Manufacturing; Research Laboratory; Warehousing; Offices; Distribution Cente;r Contractor's Yard; Auto Sales and Repairs (Other than Body Shop); Printing Restaurant; Bar
CONDITIONAL USES	Recreation Club; Public Building; Dependent Dwelling	Garden Apartments; Townhouses; Recreation Club; Public Building; Dependent Dwelling	Garden Apartments; Recreation Club; Membership Club; Child Care Center; Public Building; Group Residence; Group Care Facility; Institutional Facility; Conversion Dwelling	Recreation Club; Membership Club; Child Care Center; Public Building; Funeral Home; Group Residence; Group Care Facility; Institutional Facility; Conversion Dwelling	Church; Gas Stations; Adult Theater; Utility Structures; Vehicle Sales Area; Group Residence; Group Care Facility; Institutional Facility; Club (Social, Health or Recreation); Personal Services; Residential Apartments; (on the 3rd, 4th and 5th floors of structures)	Church; Club (Health or Recreation); Child Care Center; Public Use; Utility Structures; Group Residence; Group Care Facility; Institutional Facility; Conversion Dwelling; Personal Services; Hotel;Motel; Restaurant; Ancillary; Cafeteria	Public Use; Ancillary; Cafeteria; Utility Structures; Mobile Home; Park; Club; (Health or Recreation); Personal Services	Community Use; Freight Terminal; Public Use; Utility Structures; Auto Body Shop; Animal Care and Control Service; Landscape- Nurseries
MINIMUM LOT AREA (sq. feet)	8,000	4,000	6,500	5,000	none	5,000	12,000	5,000
MINIMUM LOT WIDTH (feet)	65	40	50	50	none	40	80	50
MINIMUM FRONT YARD (feet)	35	25	35	25	0	20	30	10
MINIMUM SIDE YARD (feet)	10	6	10	4	0	5	12	5
REAR YARD (feet)	25	20	25	15	10	20	30	20
MAXIMUM HEIGHT (stories)	2.5	2.5	2.5	5	5	3	3	5
MAXIMUM HEIGHT (feet)	30	30	35	60	60	45	45	75

Minimum Lot Area/Family (square feet)	"R-1"	"R-2"	"R-3"	"R-4"	"C-2"
One-Family House	8,000	4,000	6,500	5,000	5,000
Two-Family House	-	3,000	4,000	2,800	2,800
Town Houses	-	-	2,500	2,500	2,500
Garden Apartments	-	-	-	1,200	-
Apartments	-	-	-	800	-

Zoning Ordinance

BOROUGH OF CARNEGIE ALLEGHENY COUNTY, PENNSYLVANIA

CHAPTER 27 BOROUGH CODE OF ORDINANCES (ZONING ORDINANCE NO. 995)

BOROUGH OF CARNEGIE ONE VETERANS WAY CARNEGIE, PA 15106

CHAPTER 27

ZONING

Contents/Links

Article 1 Basic Provisions

Article 2 District Regulations

Article 3 General Regulations

ARTICLE FOUR: CONDITIONAL USES AND PLANNED DEVELOPMENTS

Article 5 Administration and Enforcement

Article 6 Definitions

Article 7 Regulations for Fences and Walls in Residential Districts

Article 8 Parkway Protection Overlay District

BOROUGH OF CARNEGIE
ALLEGHENY COUNTY, PENNSYLVANIA

CHAPTER 27
BOROUGH CODE OF ORDINANCES
(ZONING ORDINANCE NO. 995)

BOROUGH OF CARNEGIE
ONE VETERANS WAY
CARNEGIE, PA 15106

Article 1
Basic Provisions

Article 2
District Regulations

Article 3
General Regulations

Article 5
Administration and Enforcement

Article 6
Definitions

Article 7
Regulations for Fences and Walls in Residential Districts

Article 8
Parkway Protection Overlay District