1323.02  USE REGULATIONS.
   A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
   (a)   Permitted Uses By Right.
      (1)   Principal uses.
         A.   Farms, including dwellings and farm buildings.
         B.   Single-family detached dwellings.
         C.   Regulation golf courses and clubhouses.
      (2)   Accessory uses.
         A.   Customary accessory uses on the same lot with a principal use authorized by right or by special exception in this District.
         B.   Signs, as authorized by Article1375.
         C.   Home occupations, as defined by this Zoning Ordinance, provided that:
            l.   There shall be no exterior evidence of the use other than the identification sign authorized by Section 1375.09.
            2.   No person other than residents of the dwelling shall be employed.
            3.   No more than fifteen percent (15%) of the floor area of the dwelling shall be devoted to the conduct of a home occupation.
            4.   A home occupation shall not be permitted to be conducted in any accessory structure.
            5.   The use shall not create any additional environmental impact other than those impacts normally resulting from residential use.
            6.   The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal service beyond that which is normal for the residences in the neighborhood.
            7.   The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.
            8.   The use shall comply with the performance standards specified in Section 1371.15.
            9.   There shall be no storage of materials or equipment outside an enclosed building.
            10.   There shall be no use of materials or equipment except those of similar power and type normally used in a residential dwelling for domestic or household purposes.
            11.   There shall be no regular display of merchandise available for sale on the premises, other than samples of articles produced by residents of the dwelling; however, merchandise, whether produced on or off the premises, may be stored on the premises for pick-up and/or delivery.
            12.   The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
            13.   Off-street parking shall be provided in accordance with the requirements of Section 1363.03.
            14.   The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises.
            15.   The following uses shall not be considered to be home occupations and shall be limited to the zoning districts in which they are specifically authorized as permitted uses or uses by special exception:
               a.   Animal hospitals, kennels, veterinary offices or clinics;
               b.   Auto body repair shops;
               c.   Beauty shops and barber shops containing more than one chair;
               d.   Clinics, hospitals or nursing homes;
               e.   Mortuaries;
               f.   Private clubs;
               g.   Private instruction to more than five students at a time;
               h.   Restaurants or tea rooms;
               i.   Stables or riding academies;
               j.   Tourist or boarding homes; or
               k.   Vehicle or equipment rental or sales.
         D.   Day care homes, as defined by this Zoning Ordinance, provided that:
            1.   All of the above standards for home occupations are met.
            2.   Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.
            3.   A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
            4.   Off-street parking shall be provided in accordance with the requirements of Section 1363.03.
   (b)   Uses By Special Exception.
      (1)   Principal uses.
         A.   Stables or keeping of horses, subject to the following express standards and criteria:
            1.   A private stable may be permitted on a tract of land containing not less than five acres; not more than two horses shall be maintained for the first five acres of land and not more than one horse for each additional acre of land.
            2.   A boarding stable may be permitted on a tract of land containing not less than ten acres of land and not more than ten horses shall be maintained on the first ten acres of land and not more than one horse for each additional one acre of land.
            3.   A private stable shall be for the personal use of the operator and shall not involve rental or any other profit-making activity.
            4.   All stables shall be located as far from property lines as the shape of the tract of land will permit and in no instance closer than one hundred feet to a dwelling used for human habitation other than the owner's dwelling.
            5.   No grazing shall be permitted closer than ten feet to a lot line.
            6.   Any barnyard fence or electric fence shall not be located less than ten feet from any boundary line.
            7.   A keeper of any animals shall cause litter and droppings therefrom to be collected and disposed of in a way not to permit the presence of fly larvae or objectionable odors.
         B.   Townhouses and garden apartments, subject to the express standards and criteria contained in Article 1351.
         C.   Mobile homes on individual lots, subject to the following express standards and criteria:
            1.   All applicable lot area, lot width, yard, building coverage and parking requirements for single-family dwellings in this District shall be met.
            2.   The mobile home shall comply with all applicable local codes and state regulations.
            3.   The mobile home shall be placed on a permanent foundation.
            4.   The mobile home shall be permanently connected with public water and sanitary sewer lines and shall comply with all plumbing, sanitary and utility service line requirements applicable to dwellings in regulations of the Borough, Allegheny County Health Department and utility service companies servicing the Borough.
         D.   Community living arrangements and personal care boarding homes, subject to the following express standards and criteria:
            1.   The minimum lot area shall be 14,000 square feet.
            2.   The site proposed for a community living arrangement shall have frontage on and direct vehicular access to an arterial road, as defined by this Zoning Ordinance.
            3.   The site proposed for a personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
            4.   No personal care boarding home shall be established within 500 feet of another personal care boarding home which has been approved or is pending approval by the Borough as a use by special exception.  No personal care boarding home shall be established within 1,000 feet of a community living arrangement which as been approved or is pending approval by the Borough as a use by a special exception.
            5.   No community living arrangement shall be established within 2,000 feet of another community living arrangement or within 1,000 feet of a personal care boarding home.
            6.   The community living arrangement or personal care boarding home shall be subject to the lot width, yard, height and building coverage requirements for single-family dwellings in the district in which it is located.
            7.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
            8.   Adequate provisions shall be made for access for emergency medical and fire vehicles.
            9.   Adequate provisions shall be made on the site of personal care boarding homes for handicapped parking, handrails and wheelchair ramps in accordance with the Pennsylvania Department of Labor and Industry Standards for Barrier Free Design (Act 235).
            10.   Twenty-four hour supervision shall be provided by staff qualified by the sponsoring agency.
            11.   Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with a self-latching gate.
            12.   Residents of the Borough and contiguous communities shall be assigned the highest priority in the selection of residents for admisssion to a community living arrangement or personal care boarding home located in the Borough.
            13.   Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
         E.   Cemeteries, subject to the following express standards and criteria:
            1.   The applicant shall present evidence of compliance with the applicable laws of the Commonwealth and the regulations of the Allegheny County Department of Health.
            2.   A minimum site of ten acres shall be required.
            3.   A drainage plan shall be submitted to show existing and propsoed run-off characteristics.
            4.   Ingress, egress and internal circulation shall be designed to ensure safety and minimize impact on local streets.  The application shall be referred to the Police Chief for comments regarding public safety.
            5.   All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least ten feet in depth as measured from the property line.
            6.   Off-street parking shall be required for chapels or other buildings intended for public assembly in accordance with the requirements of Article 1363.
               (Ord. 2717.  Passed 2-10-86.)
         F.   Bed and Breakfast Host Homes, subject to the following express standards and criteria:
            1.   All applicable lot area, lot width, yard and building coverage requirements for single family dwellings in this District shall be met.
            2.   The site proposed for a Bed and Breakfast Host Home shall be frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
            3.   No Bed and Breakfast Host Home shall be established within 2,000 feet of another Bed and Breakfast Host Home.
(Ord. 2818.  Passed 1-16-89.)
            4.   No more than four bedrooms shall be available for rental to guests.
               (Ord. 2923.  Passed 7-20-92.)
            5.   Off-street parking shall be provided in accordance with the requirements of Article 1363.
            6.   No exterior signs are permitted other than for the identification of the house name or the owner's name.
               (Ord. 2818.  Passed 1-16-89.)
         G.   Communications facilities subject to the standards and criteria set forth in Article 1309.07 of the White Oak Codified Zoning Ordinances and the performance standards set forth in Article 1371.15 of said Codified Zoning Ordinance.  In addition, the granting of a special exception for the aforesaid use shall be subject to the following additional express standards and criteria:
            1.   The minimum tower site area shall be two acres.
            2.   No such use shall be located within 2,000 feet of an existing dwelling, school, church, hospital or similar residential use measured from the nearest property line to the nearest property line.
            3.   No such use shall be established within 2,000 feet of another existing similar use measured from the nearest property line to the nearest property line.
            4.   Shared use of towers and tower sites shall be encouraged.  If shared use of an existing or approved tower or an existing or approved tower site is not proposed, the applicant shall demonstrate that the proposed equipment cannot be accommodated on an existing or approved tower or an existing or approved tower site for the following reasons:
               a.   The proposed equipment would exceed the structural capacity of the existing or approved towers and reinforcement of the existing or approved towers cannot be accomplished at a reasonable cost.
               b.   The proposed equipment will cause RF (Radio Frequency) interference with other existing or proposed equipment for that tower for that existing or approved tower site and the interference cannot be prevented at a reasonable cost.
               c.   Existing or approved towers or the existing or approved tower site do not have adequate space to accommodate the proposed equipment.
               d.   Addition of the proposed equipment would result in NIER (Nonionizing Electromagnetic Radiation) level which exceed any adopted local, Federal or State emission standards.
               e.   There are other valid reasons that make it impractical to place the proposed equipment on any existing or proposed tower or any existing or approved tower site.
            5.   Communications facilities and their associated structures may exceed the height limitations of the District, provided they shall be set back from any property line or public street right of way a minimum distance of one hundred percent (100%) of the tower height or greater, if necessary, to guarantee that, in the event of collapse, the structure shall not fall on any adjacent property and all ice- fall or  debris from tower failure shall be contained on the tower site.
            6.   Unless the essential communications facility is located on a building, the tower structure shall be completely enclosed by a six foot high chain link or similar fence with self- latching gate to limit accessibility to the general public, unless the entire property is secured by such a fence.
            7.   All guy wires and all guyed towers shall be clearly marked so as to be visible at all times.  All guy wires shall be located at a minimum of 100 feet from any property line.
            8.   The applicant shall submit evidence that the tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.
            9.   The tower shall be subject to any applicable Federal Aviation Administration (FAA)  and Airport Zoning regulations.
            10.   No sign or other structure shall be mounted on the tower, except as may be required or approved by the FCC, FAA  or other governmental agency.
            11.   All lighting shall be shielded and reflected away from adjoining properties.
            12.   A minimum of two off street parking spaces shall be provided on the tower site, plus one off street parking space for each on-site personnel.
            13.   Existing vegetation on the site shall be preserved to the maximum extent possible.
            14.   A minimum twenty foot easement or right of way for access shall be provided to the tower which is adequate to accommodate maintenance and emergency vehicles and which is improved with a dust-free, all-weather surface sufficient to accommodate the weight of vehicles proposed to use the easement or right of way.
            15.   In the event any tower ceases to be used as a communication facility, then the owner and/or operator of the tower or the then owner of the land on which the tower is located shall be required to remove the same and failing to do so, the Borough may cause the same to be removed and charge the cost of the removal to the foregoing parties.  In addition, the Borough may file a municipal lien against the land to recover the cost of the removal and attorney’s fees.
            16.   The construction, erection, operation and maintenance shall comply with all applicable laws and regulations of the Commonwealth and, in particular, the Department of Environmental Protection, Bureau of Air Quality and its various bureaus and departments.
            17.   The construction, erection, operation and maintenance shall comply with all applicable laws and regulations of the Allegheny County Health Department and, in particular, the Department of Environmental Protection, Bureau of Air Quality and its various bureaus and departments.
               (Ord. 3033.  Passed 4-15-96.)