Borough of Dormont - General Requirements

Bicycle parking
Bicycle parking is required to be provided for all new construction in the C and TO Zoning Districts as follows:

A. Bicycle parking areas shall be designed so that, when fully occupied, bicycles, including trailers, shall not obstruct an adjacent sidewalk, path, or other pedestrianway.
B. Bicycle parking spaces shall be near the main entryway into the primary structure or located inside the primary structure.
C. Bicycle parking spaces shall be provided at a rate of one bicycle parking space per 20 off-street parking spaces. No more than 10 bicycle parking spaces shall be required for any primary structure.

Building design standards

A. The building design standards herein are intended to promote high-quality, aesthetically consistent, but not homogeneous or monotonous, design for the promotion of the durability and longevity of buildings and the preservation of property values in the Borough.
B. The building design standards herein shall apply to any expansion of an existing structure by an amount greater than or equal to 30% of the GFA.
C. Allowed exterior materials are determined by building elevation. Additional design standards specific to certain building elevations and circumstances may also apply as set forth herein.
D. These standards are in addition to the development standards applicable in each district. Where there is a conflict between the development standards in each zoning district and these building design standards, the building design standards herein shall govern and control.
E. Concrete block shall not be permitted on any exterior elevation. Split-faced concrete block shall not be used on any front elevation but may be used on a side and rear elevation of a building containing a commercial use so long as the elevation does not face a street or public way.
F. PVC piping, plastics, pressboard, cardboard, or veneers or panels for interior applications shall not be permitted on any building elevation.
G. Glass block shall not be used on any front or side elevation except at the basement level.
H. An applicant shall provide a sample of all proposed materials to be reviewed and approved by the Zoning Officer for compliance with the standards set forth herein.
I. All materials shall be rated and certified for exterior usage and shall be fully compliant with all applicable building and fire codes, regulations, and ordinances.
J. A material other than those permitted herein may be proposed by an applicant and approved by the Zoning Officer if all of the following are satisfied:

(1) The material is present on at least 50% of the total area of front elevations of all existing buildings within 1,000 feet of the subject building located along the same street frontage and the existing buildings were not constructed as part of a subdivision or common development scheme; and
(2) The material is existing on more than one building located in the same district that has been constructed, expanded, or altered within the five-year time period immediately preceding the application.

Commercial off-street loading/unloading facilities
A. The requirements for commercial off-street loading facilities shall be provided in accordance with the following standards for any new structure that requires the receipt or distribution of materials or merchandise by trucks or similar commercial vehicles. All commercial buildings of a minimum of 15,000 square feet gross floor area shall have at least one loading and unloading berth and one additional loading and unloading berth for each 15,000 square feet of gross floor area thereafter.
B. The following requirements shall pertain to the location of loading berths:

(1) All required loading berths shall be located on the same lot as the use served.
(2) In no case shall a loading berth be located in such a manner as to require loading/unloading vehicles to back into or maneuver within a public right-of-way or overhang adjacent property.
(3) A plan shall be submitted and approved during the review process that shows how the loading will occur.
(4) No permitted or required loading berth shall be located within 50 feet of the nearest point of intersection of any two streets.
(5) Loading or unloading may not interfere with or encroach on fire and emergency vehicle lanes, parking areas, sidewalks, bike lanes, drive aisles or queuing areas.
(6) Loading areas are not permitted within 100 feet of a residential dwelling.
(7) Loading areas may not block required parking, or the associated circulation for required parking.
(8) Loading areas must be located to the side or the rear of the building and may not be placed between the street and the building or any front facade of a building.

C. Unless otherwise specified, a required off-street loading berth shall be as follows:
(1) For local pickup and delivery trucks: 12 feet in width by 30 feet in length with a forty-five-foot maneuvering apron and shall have a vertical clearance of at least 12 feet. The maneuvering apron shall be at least 20 feet from the center line of the street.
(2) For over-the-road tractor-trailers: 12 feet six inches in width by 60 feet in length with a seventy-foot maneuvering apron and shall have a vertical clearance of at least 15 feet. In no case, shall the loading berth be less than 145 feet from the center line of the street.
D. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movement.
E. All off-street loading berths shall be surfaced with concrete or other appropriate material meeting the durability requirements. Bituminous asphalt may be used on the portions of the apron outside of the landing/parking space.
F. Loading spaces that are constructed below grade shall have a stormwater drainage system that complies with Borough engineering standards.
G. Space allocated for off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
H. Uses for which off-street loading facilities are required herein, but that are located in buildings of less floor area than the minimum prescribed, shall provide adequate receiving facilities accessible by motor vehicles off any adjacent alley, service drive, or open space on the same lot.
I. Vehicle loading areas shall be screened from adjacent uses with a twenty-five-foot buffer area that is inclusive of the setback distances required in this code. Within the required setback, the buffer area shall consist of a six-foot-high landscaped earthen berm planted with eight trees and 15 shrubs per 100 linear feet of buffer or a six-foot-tall opaque fence. A minimum of 50% of the buffer area plants shall be evergreen.
J. The overnight parking of semi-trucks shall be permitted in designated areas in the rear or side yard of a building in the C Zoning District, provided that the such overnight parking shall not be located closer than 50 feet from the front lot line.

Community development objectives, applicability and enforcement actions

This Code is in furtherance of the development objectives set forth in the Borough’s Comprehensive Plan, as amended from time to time, and the following general development objectives:

A. To promote and protect the public health, safety and welfare of the residents of the Borough and of the public generally;
B. To encourage and facilitate planned community growth and development;
C. To facilitate the provision of public utilities and public services;
D. To protect the character and maintain the stability of the residential and commercial areas within the Borough;
E. To provide adequate light, air, amenities and access to properties;
F. To guide development in order to provide adequate and economical community facilities and utilities;
G. To divide the Borough into various zoning districts, restricting and regulating therein the location, construction, alteration and use of buildings, structures and land;
H. To prevent the incompatible development or use of land and to prevent blighting conditions and hazards in travel and transportation;
I. To conserve and stabilize property values through encouragement of the most appropriate use of land in relation to adjacent land uses;
J. To promote conservation of the environment and other natural and historic features; and
K. To implement the Borough’s Comprehensive Plan.

Applicability

A. In their interpretation and application, the provisions of this code shall be the minimum requirements adopted for the promotion of the public health, safety, convenience, planned prosperity and general welfare.
B. All ordinances or parts of ordinances in conflict with this code or inconsistent with the provisions of this code are hereby repealed to the extent necessary to give this code full force and effect. This code shall become effective on the date of passage and adoption by Borough Council as provided by law.
C. 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 code and after the lawful issuance of all permits and certificates required by this code.
D. All existing buildings or structures at the time of the adoption of this code shall be deemed to be legal nonconforming buildings or structures and shall comply with all provisions of this code from that date forward.
E. The provisions of this code are not intended to nullify, abolish or repeal any easement, covenant or other private agreement or restriction.

Saving provision for pending enforcement actions.

Except as shall be expressly provided for in this code, the adoption of this code shall not:

A. Nullify or make void any action pending under, or by virtue of, any prior zoning code or subdivision ordinance;
B. Discontinue, nullify, void, abate, modify or alter any penalty accruing or about to accrue under, or by virtue of, any prior zoning code or ordinance;
C. Affect the liability of any person, firm, or corporation under, or by virtue of, any prior zoning code or ordinance;
D. Waive any right of the Borough under any section or provision of any prior zoning code or ordinance; or
E. Vacate or annul any rights obtained by any person, firm, or corporation by lawful action of the Borough under, or by virtue of, any prior zoning code or ordinance.

General yard regulations
A. On through lots in any R-A, R-S or R-C Zoning District, a front yard is required on each street.
B. In any R-A, R-S or R-C Zoning District where a reversed interior lot abuts a corner lot or an alley separating such lots, an accessory building located on the rear lot line of a corner lot shall be set back from the side street as far as the dwelling on the reversed interior lot. For each foot that such accessory building is placed from the rear lot line toward the front lot line of the corner lot, the accessory building may be set four inches closer to the side street line, but in no case closer than five feet.
C. Side yard width may be varied where the side wall of the building is not parallel with the side lot line or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any point than 1/2 the otherwise required least width or narrower than three feet in any case.

Inclusionary zoning requirements

A. The general intent of the provisions in this section is to promote the public health and welfare by increasing the supply of affordable housing for a range of family sizes and promoting economic integration within the Borough. Specifically, the intent is to encourage quality, economically balanced development by:

(1) Encouraging diverse and balanced housing available for households of all income levels and ensuring that when developing the limited supply of developable land, housing opportunities for persons of variety of income levels are provided; and
(2) Utilizing sites in a TO District as opportunities to build mixed-income developments. Because remaining land appropriate for residential development within in the TO District is limited, it is essential that a reasonable proportion of such land be developed into housing units affordable to low- and moderate-income people.

B. The provisions of this section shall apply to any new construction in the TO District containing a total of 15 or more residential dwelling units.
C. Not fewer than 15% of the dwelling units (rounded up to the nearest whole unit) within the participating residential development shall be affordable to households with an income not to exceed 80% of the area median income (AMI) for the Pittsburgh MSA as determined annually by the U.S. Department of Housing and Urban Development. Participating residential developments including or consisting of multi-unit dwellings shall provide affordable housing units as rental units in the same proportion that the multi-unit dwellings comprise a portion of the total residential development.
D. Eligible households. Households whose income does not exceed 50% of AMI as adjusted for household size are eligible to rent an affordable unit and households whose income does not exceed 80% of AMI as adjusted for household size are eligible to purchase an affordable dwelling. In order to purchase or rent an affordable housing unit, the income-eligible household must receive a certificate of qualification issued by the Borough evidencing that the household has met said eligibility requirements.
E. Unit requirements. Affordable units may be places anywhere in the building except for any floor that is partially underground, and shall be substantially similar in size, quality of finishes and access to amenities as at least 51% of the market-rate units in the building.

Nonconformities

1. Applicability.
These regulations shall apply to any use of a structure or lot in any zoning district that is a nonconforming use as defined by this chapter. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one zoning district to another of a different classification, these regulations shall also apply to any uses that thereby become nonconforming.

2. Continuation.

A. Where, at the effective date of adoption or amendment of this code, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be sold or otherwise transferred to other owners and may be continued as long as it remains otherwise lawful.
B. Unlawful use of land or buildings. An unlawful use of land or buildings existing at the time of adoption of this chapter shall remain illegal and unlawful subject to all of the provisions and penalties of this chapter, even if located in a district where such use is permitted under the terms of this chapter, unless such use meets all of the area and bulk regulations, off-street parking regulations and all other regulations applicable to that use for the district in which it is located.

3. Enlargement or expansion.

A. No nonconforming use of a lot or structure shall be enlarged or increased or extended to occupy a greater area than was occupied at the effective date of adoption or amendment of this code, unless the Zoning Hearing Board, after public hearing, shall interpret that the enlargement or extension is necessary by the natural expansion and growth of the nonconforming use. Any such enlargement or expansion shall conform to the area, height and yard requirements of the zoning district in which it is located.
B. No nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this code.
C. Any nonconforming use may be extended throughout any part of a structure that was designed for such use at the time the use became nonconforming; however, a nonconforming use shall not be extended to occupy another structure, unless that structure was located on the same lot at the time the use became nonconforming and has not been relocated.
D. No residential structure that is a legal nonconforming use in any zoning district shall be altered to add additional dwelling units unless all of the area and bulk regulations, off-street parking provisions and all other regulations applicable thereto in the district are met with respect to proposed additional dwelling units.

4. Change of use.
A nonconforming use shall not be changed to any use other than a conforming use, except as authorized by the Zoning Hearing Board as a use by special exception in accordance with the following express standards and criteria:

A. The new nonconforming use shall be equal to or better than the existing nonconforming use. In determining whether the new use is equal to or better than the existing nonconforming use, the Zoning Hearing Board shall consider whether the new use is listed as an authorized permitted use, conditional use or use by special exception in the most restrictive zoning district that allows the existing nonconforming use. In addition, the Board shall consider the following:

(1) The number of employees, if any, proposed in the new use compared with the existing use.
(2) The type of activities, products, equipment and processes and magnitude of walk-in trade, if any, in the new use compared with the existing use.
(3) The comparative impact on the environment of the new use.
(4) The ability of the new use to comply with the performance standards of this code as compared with the existing use.

B. The new use shall be in keeping with the character of the neighborhood in which it is located.
C. The new use shall conform to the off-street parking requirements of this code for the new use. In authorizing the new use, the Zoning Hearing Board may grant a parking exemption, utilizing the applicable criteria of this code.
D. The new use shall be subject to the area and bulk regulations of the district in which the new use is located.
E. The new use shall be subject to the buffer area requirements of this code for C Zoning District uses if the use is an authorized use in the C Zoning District.
F. The new use shall be subject to any applicable standards and criteria of the use, if the use is authorized as a conditional use or use by special exception in the most restrictive zoning district classification where such use is authorized.
G. When a nonconforming use is changed to a conforming use, the use thereafter shall not be changed to a nonconforming use.
H. Where a nonconforming use exists on a lot, a conforming use shall not be established on the same lot unless the nonconforming use is discontinued.

5. Abandonment.
When a nonconforming use of a structure and/or lot is discontinued or abandoned for six consecutive months, the structure and/or lot shall not thereafter be used, except in conformance with the regulations of the zoning district in which it is located.

6. Damage or destruction.

A. In the event that damage or destruction of a structure in which a nonconforming use is conducted involves 50% or less of the gross floor area of the structure, repairs or reconstruction may be undertaken, provided that such restoration is diligently and visibly pursued under a valid building permit within 18 months of the date of such damage or destruction.
B. In the event that a structure in which a nonconforming use is conducted is damaged or destroyed by fire or other means to an extent of more than 50% of the gross floor area of the structure, repairs or reconstruction to the original footprint may be authorized by the Zoning Officer. New construction or alteration of the existing footprint may be authorized as a use by special exception by the Zoning Hearing Board, with the following standards and criteria:

(1) Off-street parking shall be provided in accordance with the requirements of this code for the use. The Zoning Hearing Board may grant a parking exemption, utilizing the applicable criteria of this code.
(2) The repair or reconstruction shall conform to the requirements of the Borough Building Code and Fire Code and to all applicable requirements of the Pennsylvania Department of Labor and Industry.
(3) In approving the reconstruction of a nonconforming residential building, the Zoning Hearing Board may approve a reduction in the number of dwelling units or in the size of the building without making the findings necessary to authorize a use variance and, if approved, shall direct the issuance of a revised certificate of occupancy and revision to the registration of the nonconforming use to reflect the new terms and conditions of the approval.
(4) The reconstruction shall comply with all applicable regulations of the zoning district, other than use, unless the structure is nonconforming and/or a variance is granted to the applicable regulations upon demonstration of physical hardship.
(5) Any proposed change of use shall be further subject to Subsection C of this section.
(6) The repair or reconstruction shall comply with all applicable buffer area requirements of this code.
(7) If the nonconforming use is governed by any express standards and criteria in this code for conditional uses or uses by special exception, the repair or reconstruction shall comply with all applicable express standards and criteria, unless the Zoning Hearing Board grants a variance to the applicable regulations upon demonstration of physical hardship.
(8) Approval of the repair or reconstruction of the structure housing the nonconforming use shall be conditioned upon the repair or reconstruction being diligently and visibly pursued under a valid building permit within 18 months of the date of the decision by the Zoning Hearing Board or, if the Board’s decision is appealed, within 18 months of the final adjudication.

C. Structural alteration.

(1) No such structure may be enlarged or structurally altered in a way that increases its nonconformity, except when the Zoning Hearing Board, after public hearing, may determine undue hardship and may authorize a reasonable modification of such structures.
(2) Damage or destruction. Any nonconforming structure that has been partially or completely damaged or destroyed by fire or other means may be rebuilt or repaired on its existing foundation even though such foundation may violate the setback requirements for the zoning district in which the structure is located, provided that the repair or reconstruction is diligently and visibly pursued under a valid building permit within 18 months of the date that the original structure was damaged or destroyed.
(3) Moving. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the requirements of the zoning district in which it is located.

7. Nonconforming signs.

A. Nonconforming signs may be repaired or reconstructed, provided that no structural alterations are made that increase the gross surface area of the sign; however, nonconforming signs that are damaged or destroyed to an extent of more than 50% of the area of the structure at the time of destruction shall not be reconstructed except in conformity with the provisions of this chapter. Nonconforming signs that are damaged or destroyed to an extent of less than 50% of the area of the structure may be repaired or reconstructed, provided that such restoration is completed within 30 days of the damage or destruction.
B. Nonconforming signs may not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of poster panels shall be permitted.
C. Repair or maintenance. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by the Borough Building Inspector or any other official charged with protecting the safety of the public.

8. Nonconforming lots.

A. Any lot of record existing at the effective date of this chapter may be used for the erection of a one-unit dwelling, without a lot area or lot width variance, even though its lot area and width are less than the minimum required by this chapter; however, such dwelling shall comply with the front, rear and side yard, height and lot coverage standards of the zoning district wherein it is located.
B. Where structures exist on adjacent nonconforming lots of record that have front yards less than the minimum depth required, the minimum front yard for an adjacent undeveloped nonconforming lot of record shall be the average depth of the nonconforming front yards on the immediately adjacent developed nonconforming lots.

9. Registration of nonconformity.

A. The owner of a nonconforming use shall make an application for registration of the nonconforming use, and upon presentation of documentation acceptable to the Zoning Officer that the use was lawfully in existence prior to the effective date of this chapter or any amendment that created the nonconformity, the Zoning Officer shall register the same on a map and by Allegheny County Assessor’s block and lot number as a legal nonconforming use.
B. In the course of administering this chapter and reviewing applications for zoning certificates or variances, the Zoning Officer shall register all nonconforming structures and nonconforming lots as they become known through the application process.

Off-street parking
A. Off-street parking requirements are intended to prevent the crowding or the creation of traffic hazards on the public streets. Property abutting a public right-of-way with adjacent on-street parking or within 1,000 feet of a public parking facility shall not be required to provide or maintain a specific number of off-street parking spaces. All other properties shall be required to provide the following number off-street parking spaces as follows:

(1) One parking space for every two residential dwelling units on the property.
(2) One parking space for every 500 square feet of GFA of nonresidential use on the property; except that industrial, manufacturing, or warehouse uses shall be required to provide and maintain one parking space for every 2,500 square feet of GFA.

B. In determining the required number of parking spaces, fractional spaces are rounded to the nearest whole number, with 1/2 or more counted as an additional space. Where multiple uses exist on the same lot, the required parking minimum will be the sum of the required parking for each use.
C. Off-site parking located within 600 feet of a property and under common ownership or subject to a recorded easement agreement may be used to satisfy the above parking space count requirements. Parking may be provided at a rate that exceeds the required minimum number of parking spaces. However, if the amount of parking provided exceeds 175% of the required parking minimum, additional perimeter tree planting will be required at a rate of one tree with a minimum caliper diameter of three inches at the time of planting for every eight parking spaces that exceed 175% of the minimum required number of parking spaces.
D. To reduce the number of curb cuts along neighborhood sidewalks, improve safety for pedestrians, individuals with disabilities, and other users of the Borough’s streets and sidewalks, new single- and two-unit residential buildings are encouraged to share a common driveway and curb cut.
E. All driveways, parking, and loading areas for all uses shall be paved with a material such as concrete, asphalt, or pavers. All open off-street parking facilities shall be provided with adequate drainage facilities as approved by the Borough Engineer. Designated parking spaces shall be marked on the surface of the parking area with paint or permanent marking materials and maintained in clearly visible condition.
F. In parking areas that contain five or more spaces, all parking spaces shall be clearly delineated by painted lines or markers. Parking spaces shall be provided with bumper guards or wheel stops, where necessary, for safety or protection to adjacent structures, walkways, roadways or landscaped areas. All vehicular entrances and exits to parking areas shall be clearly marked for all conditions. Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings. Handicapped parking shall be appropriately marked.
G. Parking spaces and drive aisles shall conform to the following minimum dimensions:

Parking Space Angles (one-way travel unless otherwise stated)	Minimum Width (feet)	Minimum Length (feet)	Minimum Drive Aisle Width (feet)
Parallel parking	10	22	12
Parallel parking (two-way travel)	9	22	22
90°	9	19	22
60°	9	20	16
45°	9	18	12

Note: District specific parking requirements are also applicable. Please see the dimensional standards page for more information.

Outdoor lighting

A. The following applies to all outdoor lighting on a property, whether or not attached to a building or affixed to the ground. The Borough is committed to achieving as close to "dark sky" compliance as practicable on all outdoor lighting.
B. The following exterior lighting is exempt from the requirements of this section:

(1) FAA-mandated lighting associated with a utility tower or airport;
(2) Lighting for the United States flag, Pennsylvania flag, a county or Borough flag, or any other flag not considered a flag sign;
(3) Customary decorative lighting during the months of November, December, and January, provided that the lighting does not create unsafe glare on street rights-of-way;
(4) Battery-powered emergency lighting;
(5) Architectural lighting of 10 fixtures or fewer of 1,000 lumens or less per fixture;
(6) Public safety lighting;
(7) Streetlighting in the public right-of-way, provided that the streetlighting has a correlated color temperature of 2,500 Kelvins or less, except when employed specifically to illuminate a crosswalk, and provided that the fixtures are glare-free fully shielded; and
(8) Residential garage, porch, and landscape accent lighting.

C. A photometric plan showing compliance with these standards shall be submitted along with all site plans.

D. The following sets forth the measurement of light level:

(1) Light levels are specified, calculated and measured in footcandles. All footcandles values are maintained footcandles.
(2) Measurements are to be made at ground level, with the light-registering portion of the meter held parallel to the ground pointing up.

E. All light fixtures shall meet the following requirements:

(1) The maximum light level of any light fixture cannot exceed 0.5 footcandle measured at the property line of any zoning district that has a residential use as a listed permitted use, 2.0 footcandles measured at the property line of any zoning district that does not have a residential use as a listed permitted use, and 2.5 footcandles at the property line of a parking lot.
(2) Lighting must not be oriented to direct glare or excessive illumination onto adjacent properties, streets or sidewalks.

F. All lighting fixtures and poles within a single development shall be consistent in style, color, size, height, and design and are compatible with the architecture character of the development. Service connections for all freestanding lighting fixtures must be installed underground.
G. The following regulations apply specifically to parking and pedestrian areas:

(1) Light fixtures within parking, vehicular, and pedestrian areas may be no higher than 15 feet.
(2) Light fixtures located within 50 feet of a property line of any zoning district that has a residential use as a listed permitted use may be no higher than 15 feet.
(3) Light fixtures in parking and vehicular display areas must be full cutoff.

H. In all other areas, light fixtures with more than 2,000 lumens must be full cutoff unless they meet the following:

(1) Decorative, noncutoff fixtures can be used when the maximum initial lumens generated by each fixture does not exceed 9,500 lumens;
(2) If the unshielded fixture has all metal halide, fluorescent, induction, white high-pressure sodium and color-corrected high-pressure sodium lamps, the outer lamp envelope must be coated with an internal white frosting to diffuse light;
(3) All metal halide fixtures equipped with a medium base socket must use either an internal refractive lens or a wide-body refractive globe; or
(4) All noncutoff fixture open-bottom lights must be equipped with full cutoff fixture shields.
(5) To the extent possible, as determined by the Zoning Officer, internal light sources within structured parking shall not be visible from the adjacent public right-of-way. Rooftop lighting for parking facilities shall be no more than 15 feet above the rooftop parking surface and shall be mounted a minimum of 15 feet in from the edge of the structure.

I. The following regulations apply to floodlights and lamps:

(1) Floodlight fixtures must be either aimed down at least 45° from the horizontal.
(2) Any floodlight fixture located within 50 feet of a street right-of-way must be mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15°.
(3) All floodlamps emitting 1,000 or more lumens must be aimed at least 60° down from horizontal or shielded so that the main beam is not visible from adjacent properties or the street right-of-way.

J. Lighting under canopies must be designed to prevent glare off-site. Acceptable lighting designs include the following:

(1) Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom of the canopy surface;
(2) Lighting fixture incorporating shields or is shielded by the edge of the canopy itself;
(3) Surface-mounted fixture incorporating a flat glass that provides a cutoff design or shielded light distribution;
(4) Surface-mounted fixture measuring no more than two feet by two feet, with a lens cover that contains at least 2% white fill diffusion material; or
(5) Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy, provided that the fixture is shielded so that direct illumination is focused exclusively on the underside of the canopy.

K. Lighting of outdoor sports areas, athletic fields, and performance areas shall comply with the following standards:

(1) Sport field lights shall not exceed 60 feet in height.
(2) All lighting fixtures shall be equipped with an existing glare control package (e.g., louvers, shields, or similar devices) and aimed so that their beams are directed and fall within the primary playing or performance area.
(3) The hours of operation for the lighting system for any game or event shall not continue more than one hour after the end of the game or event.

Parking lot landscaping

A. Any property containing a surface parking area containing 50 or more parking spaces shall include interior parking lot landscaping as follows:

(1) At least 5% of the surface parking area shall be landscaped with plantings to include one deciduous tree for every 10 parking spaces in accordance with the tree requirements herein.
(2) All interior landscaping shall be contained in landscape island that shall be installed below the level of the parking lot surface to allow for runoff capture; and

B. Any property containing a surface parking area abutting a public street shall contain a minimum five-foot-wide planting strip between the entire length of the surface parking area and the public street planted and maintained with shrubbery, trees or other landscape or decorative elements, in order to prohibit vehicle access except at approved ingress and egress points, provide a barrier between public pedestrianways and the vehicular parking, and to improve the aesthetics of the street frontage.

(1) Planting strip planting shall include a minimum of one tree and three shrubs must be planted for every 35 feet of linear feet of planting.
(2) The required five-foot landscaped area may be reduced to three feet when a three-foot high masonry wall, wrought iron or wood picket fence is erected.

Performance standards

In order to determine whether a proposed use will conform to the requirements of this article, the Council or the Zoning Hearing Board may require a qualified consultant whose credentials are acceptable to the Council or the Zoning Hearing Board to testify, whose cost for services shall be borne by the applicant.

A. Fire prevention and fighting equipment that conforms to the requirements of the Uniform Construction Code shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
C. No operation or activity shall cause or create noise in excess of the sound levels prescribed below. The noise shall be measured on an A-weighted scale of a sound-pressure-level meter that conforms to the standards prescribed by the American National Standards Institute (ANSI), New York, New York, in Specifications for Sound Level Meters, S1.4-1971, or latest revised edition.
D. At no point beyond the boundary of any lot within any district shall the exterior noise level resulting from any use or activity located on such lot exceed a 60 dBA for more than four hours during any twenty-four-hour period.
E. Any violation of the above standards shall be a violation of this article and shall be subject to the enforcement remedies and penalty provisions of this chapter; however, other intermittent noises, except those exempted herein, may be determined to be a nuisance by the Borough Zoning Officer and shall be subject to penalties and enforcement remedies for a public nuisance.
F. The following uses or activities shall be exempted from the noise regulations:

(1) Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.
(2) Noises caused by safety signals, warning devices and other emergency-related activities or uses.
(3) Noises emanating from public or private recreational uses between 7:00 a.m. and 11:00 p.m., excluding those produced by amplification, motorized vehicles or other mechanical sources.
(4) Noises emanating from the delivery of public services such as street maintenance or snow removal.

G. In addition to the above regulations, all uses and activities within the Borough shall conform to all applicable county regulations.
H. Whenever the regulations contained herein are at variance with any other lawfully adopted, the more restrictive shall govern.
I. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
J. No malodorous gas or matter shall be permitted that is discernible on any adjoining lot or property. There shall be no emission of any malodorous gas or matter that violates the regulations of the Allegheny County Health Department.
K. There shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke with a shade darker than No. 3 on the Standard Ringelmann Chart issued by the United States Bureau of Mines, nor shall there be any emission at any point from any source that can cause damage to health, to animals or vegetation or other forms of property or that can cause excessive soiling at any point.
L. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level. For purposes of interpreting this subsection, "glare" shall be defined as direct or indirect light from any source that exceeds 1/2 footcandle on any adjoining property.
M. In all zoning districts, all lighting devices located within 100 feet of a property line adjoining a residential use or any zoning district that has a residential use as a listed permitted use shall be designed with shields, reflectors or refractor panels that direct and cut off light at a cutoff angle that is less than 90°. "Cutoff angle" is defined as the angle formed by a line drawn from the direction of the light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
N. No erosion by wind, water or other source shall be permitted that will carry objectionable substances onto neighboring properties. All activities shall be subject to Chapter 101: Erosion and Sediment Pollution Control, of the Code of the Borough.
O. Water pollution shall be subject to the standards established by the PADEP.
P. Determination of compliance with performance standards.

(1) During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Borough may seek the assistance of any public agency having jurisdiction or interest in the particular issues, and the Borough may seek advice from a qualified technical expert. All costs of the expert’s review and report shall be paid by the applicant. A negative report by the technical expert and the applicant’s refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
(2) The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Council, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to comply with the performance standards, said costs shall be borne by the Borough.
(3) If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with Article IX below and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this all result in the revocation of the occupancy permit for the facility or use.

Projections into required yards

A. The minimum front setback for steps, walks, terraces and open porches is eight feet less than the minimum front setback for the principal structure. The minimum front setback for architectural appurtenances, such as cornices, canopies and eaves, is two feet less than the minimum front setback for the principal structure.
B. The minimum side setback for architectural appurtenances, such as cornices, canopies and eaves, is two feet less than the minimum side setback for the principal structure. The minimum side setback for open and lattice-enclosed fire escapes or fireproof outside stairways is four feet less than the minimum side setback of the principal structure.
C. The minimum rear setback for a deck that projects from a principal structure is 35% less than the minimum rear setback for that principal structure. A deck may not be more than 30% of the width of the principal structure to which it is attached.
D. The minimum rear setback for steps, walks, terraces and open porches is five feet less than the minimum rear setback for the principal structure. The rear setback for architectural appurtenances, such as cornices, canopies and eaves, is two feet less than the minimum rear setback for the principal structure.

A. 8 feet maximum
B. 5 feet maximum
C. 4 feet maximum
D. 2 feet maximum
E. 35% width of principal street, maximum
F. 35% of minimum rear setback, maximum

Yard landscaping and buffering

A. The standards of this section shall apply to all new construction or expansions of existing buildings by more than 20% of gross floor area within the C Zoning District or any mixed-use or multistory residential buildings meeting such criteria located in any other zoning district.
B. through D. See Landscaping Plan.

E. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within 30 days after construction activities are completed, unless those activities are completed between a time period of November 1 through April 1. In such case, the required sodding or seeding must occur within 30 days of April 1.
F. In addition to any and all other landscaping and buffering requirements herein, for nonresidential development on lots of a total area of 21,780 square feet or more, at least one deciduous tree shall be planted for every 5,000 square feet of gross floor area.
G. In addition to any and all other landscaping and buffering requirements herein, for residential developments on lots of a total area of 21,780 square feet or more, at least one deciduous tree shall be planted for every 10 dwelling units thereon.
H. All proposed plant material shall be:

(1) Noninvasive species;
(2) Not more than 30% of any single plant genus; and
(3) Living, disease free, undamaged, and free of material defects.

I. The preservation of plants and trees that exist on a site shall count toward the requirements of this code, provided that:

(1) Existing preserved trees must be greater than a six-inch diameter caliper;
(2) Existing vegetation is clearly indicated on the landscaping plan;
(3) Existing vegetation is not an invasive species; and
(4) Existing vegetation is in good health or can reasonably be brought into good health.

J. Street trees.

(1) Street trees shall be planted at a rate of one tree per 20 linear feet of frontage. Trees shall be planted in the tree lawn or front yard not closer than three feet from the front lot line.
(2) Tree plantings shall not be placed in the sight clearance for visibility triangle.

K. Buffering.

(1) Buffer areas may be located within applicable side and rear yard setbacks along at least 80% of the length of any lot line creating the boundary between a C zoning district and any other zoning district and any mixed-use or multistory residential buildings in any zoning district.
(2) Buffer yards shall have a minimum depth of 10 feet as measured from the property line.
(3) Buffer yards shall be landscaped with a combination of grass and mulched landscape beds, and shall be comprised of one row of planted landscape elements containing no fewer than the following buffer landscape elements:

(a) A mixture of 30% deciduous trees and 70% evergreen trees spaced with the row 10 feet apart, measured from the vertical center lines of each adjacent tree, each of at least six feet in height as measured from the ground to the top of the tree, and a two-inch caliper diameter measured at a point one foot above the ground at planting; and
(b) A continuous row of horizontal evergreen shrubs or hedges of at least three feet in height.

(4) In lieu of the continuous row of horizontal evergreen shrubs or hedges, earthen mounding shall be constructed in the buffer area.
(5) Buffer yards may include a 100% opaque fence in accordance with applicable fence regulations in this code.
(6) In instances where an existing structure houses the principal use of the property and is located within any required buffer area, a buffer area of not less than the minimum distance from the existing structure to the property line shall be required. This reduced buffer area width shall apply only to the yard area upon which the existing structure encroaches. If the existing structure is located within the required buffer area on one side of the building, the required buffer area shall apply on all other yard areas. All planting requirements shall be met regardless of the buffer area width.
(7) When required by Chapter 179: Stormwater Management, of the Code of the Borough, stormwater management facilities and structures may be located within a buffer area; however, the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements in the buffer area.

Borough of Dormont, PA

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