Borough of Fox Chapel

Accessory buildings

A building or structure subordinate to the main building on a lot and used for purposes customary and incidental to those of the main building.

Development Requirements:
A. Permitted uses and structures. As set forth in the Schedule of District Regulations, no-impact home-based businesses within residential structures are specifically permitted as accessory uses, and private garages are specifically permitted as accessory buildings and uses in all residential zones. An inflatable enclosure of ground space is permitted in residential districts only as an accessory building and never as a principal building.

B. Additional restrictions.

(1) No accessory building shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(2) A building attached to the principal building by a completely enclosed passageway, or by having a wall or a part of a wall in common with it, shall be considered an integral part of the principal structure and not an accessory building.

C. Inflatable enclosures. In addition to all other applicable requirements, inflatable enclosures of ground space shall be permitted only as accessory uses and only when:

(1) The inflatable enclosure is screened so that substantially all the inflatable enclosure is not visible from adjacent public roads and lots. "Substantially all" will be satisfied if 75% of the structure is screened at full growth of the screening vegetation. Fifty percent of the required screening must be accomplished at planting. Screening shall also meet the requirements of § 400-73 of the planned residential development portion of this chapter relative to compliance with the Grounds Maintenance Guide, measurement of views and types of screening to be used.
(2) The enclosure is set back not less than 200 feet from any property line or street line.
(3) All heaters, fans, air pumps and other similar equipment or items which make noise are located inside the inflatable enclosure and suitably buffered to prevent noise audible on adjoining streets or properties.
(4) The decibel level of such heaters, fans, air pumps and other similar equipment or items does not exceed 50 decibels, measured at the property line, for the land on which the inflatable enclosure is located.
(5) Inflatable enclosures may only be used from October 31 to April 30 and must be deflated and removed at all other times.
(6) An inflatable enclosure may never be the only building on a lot.
(7) The enclosure may not exceed 20 feet in height above the average level of the ground upon which it stands.

Accessory uses

A use subordinate to the main use of land or of a building and customary and incidental thereto, including but not limited to the use of a building as a private garage.

Development Requirements:
An occupation carried on in a residential zone must meet the definition of "no-impact home-based business" to be permitted as an accessory use.

As set forth in the Schedule of District Regulations, no-impact home-based businesses within residential structures are specifically permitted as accessory uses, and private garages are specifically permitted as accessory buildings and uses in all residential zones.

Amateur radio communications towers

Development Requirements:
General standards. Amateur radio communications antennas and all associated towers and support devices (collectively referred to in this section as an "antenna") shall be permitted as a conditional use in the A, B, C and D Residence Districts and the I-O District, provided it is demonstrated by the applicant by competent evidence that:

(a) No antenna or any part thereof shall be erected or placed within the required setbacks. One additional foot of setback will be required for every one foot of height over 30 feet.
(b) No antenna shall be permitted in any front yard.
(c) The antenna must be erected to comply with manufacturer requirements and accepted engineering standards.
(d) The width of the base of the antenna shall be no more than five feet at ground level. At 30 feet (if not the top), the maximum width shall be three feet. At the top, the maximum width shall be 18 inches. All support devices shall, where possible, be guy wires or metal lattice. No sign or other structure, device or other items shall be placed on the antenna.
(e) The antenna shall be securely anchored in a fixed location on the ground, and the applicant shall provide qualified documentary evidence that the proposed structure will withstand wind, ice, snow and other natural forces.
(f) The antenna, or the yard area containing the antenna, shall be protected and secured to guarantee the safety of the general public. Fencing (which must comply with the applicable provisions of this section) or installation of anti-climbing safety devices will be required at a minimum to demonstrate compliance with this subsection. Associated supports and guy wires shall not be located within the required setbacks.
(g) The applicant shall submit a site plan or survey of the property certified by an engineer or architect.
(h) Only one antenna is permitted per lot. The antenna must be an accessory structure.
(i) The antenna will not adversely affect property values in the neighborhood (and, in particular, each abutting property) by more than 10%.
(j) The applicant will submit a copy of his or her FCC license. Any grant of conditional use hereunder will automatically lapse if said license ever expires or lapses.
(k) All lighting, other than that required by the Federal Aviation Administration (FAA), shall be shielded and reflected away from adjoining properties.

Additional standards. In addition to the foregoing, the following standards shall apply to the antenna and the application for conditional use:

(a) In granting the use, Council may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks, the use of a retractable antenna where the extended height of the antenna exceeds 30 feet, and restrictions of the hours in which the antenna can be fully extended. The retracted height should be 30 feet or less, if possible.
(b) If the conditional use is approved, the height limitations in § 400-29 of this Part 1 will not apply to the antenna. The height granted by the Council will be the minimum necessary to provide a reasonable accommodation to applicant.
(c) All conditional use approval granted under this section will automatically lapse if not used for six continuous months. In such a case, all portions of the antenna will be taken down as soon as possible.

Churches or other places of worship

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
(a) The minimum land area for the proposed use shall be four acres.
(b) The proposed use shall have frontage upon an arterial or collector road, as classified by the Borough. All access to off-street parking shall be directly from such a road.
(c) Not less than one off-street parking space shall be provided for every four seats of pew space in the proposed use, plus one space for each projected employee during the period of maximum employment.
(d) The proposed use shall not be located at a distance of less than 50 feet from any street or property line.
(e) Churches and other places of worship shall be erected only at such locations where public sanitary sewers are available, and the building must be connected to the sanitary sewer.
(f) Not more than 30% of the lot shall be covered by buildings, and at least 30% of the lot area shall be free of any impervious surface.

Columbariums and memorial gardens

Does not include cemeteries.

Common open space

A parcel or parcels of land or water, or a combination of land and water, within a development site and designated and intended for the use or enjoyment of residents of a development or the Borough, not including streets, off-street parking areas and areas set aside for public facilities.

Communications towers

Development Requirements:
General standards. Communications antennas and other broadcasting, transmitting or receiving devices (including, but not limited to, those used for cellular systems, but excluding amateur radio antennas and satellite dish antennas) and all associated towers and devices or structures used to physically support the actual antenna (collectively referred to in this subsection as "communications tower") shall be permitted as a conditional use in the I-O District, provided it is demonstrated by the applicant by competent evidence that:

(a) No communications tower shall be erected within the required setbacks. One additional foot of setback will be required for every one foot of height over 30 feet.
(b) There shall also be required for all communications towers (other than those which are completely invisible from the outside by reason of being completely concealed within, for example, a church steeple) a setback of 500 feet from any occupied structure on another lot, including dwelling units, schools and churches. In the event of inconsistency between this (b) and Subsection(a) above, the subsection providing the greater setback from either occupied structures on other lots or the lot lines of the site of the communications tower shall control.
(c) No communications tower shall be permitted in any front yard.
(d) The communications tower must be erected in compliance with manufacturer's requirements and accepted engineering standards, including any applicable federal standards.
(e) The width of the base of the communications tower shall be no more than 10 feet at ground level. At 30 feet (if not the top), the maximum width shall be six feet. At the top, the maximum width shall be 18 inches. (The top of the structure shall be deemed to include, for the purposes of this subsection, all areas within three feet of the highest point of the communications tower.) Only the following items are permitted to be placed on the communications tower: lights (but only if and to the extent required by the FAA); any foliage or other devices which disguise or otherwise screen the communications tower; and antennas for the purpose of transmitting and receiving communications signals regulated by the FCC. None of the items permitted in the preceding sentence shall be considered in calculating the width of the communications tower for purposes of this Subsection E(1)(e).
(f) The communications tower shall be securely anchored in a fixed location on the ground or securely attached on another structure which is in turn securely anchored on the ground. The applicant shall provide qualified documentary evidence that the proposed structure and any existing structure to which the antenna is attached will withstand wind, snow, ice and other natural forces.
(g) The communications tower, or the yard area containing the communications tower, shall be protected and secured to guarantee the safety of the general public. Fencing (which must comply with the applicable provisions of this Part 1) or installation of anti-climbing safety devices will be required at a minimum to demonstrate compliance with this subsection. Associated structures which support the antennas shall not be located within the required setbacks.
(h) The applicant shall submit a site plan or survey of the property certified by an engineer or architect.
(i) The communications tower can be located on a lot which contains other uses permitted in the I-O District.
(j) The communications tower and its operation will comply with all applicable federal regulations.
(k) The applicant will submit a copy of its FCC license. Any grant of conditional use hereunder will automatically lapse if said license ever expires or lapses.
(l) The applicant must demonstrate that the height of the top of the communications tower is the lesser of: a) 125 feet above ground level; or b) the minimum necessary to service the service area requirements of the applicant. If the applicant is applying for height in addition to its own requirements, it must submit agreements and details regarding the user of the additional height and the facilities to be placed on the tower.
(m) All communications towers must be stealth towers. A stealth tower is a communications tower which is not recognizable as a conventional communications tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which looks like a tree or one which is concealed in a church steeple. In determining conformity to surroundings, Council will consider the following factors at a minimum:

[1] Height and types of trees (if applicable and when compared with the proposed communications tower);
[2] Height and types of structures within sight distance of the proposed communications tower;
[3] Nature of neighborhood (e.g., residential, church, golf club); and
[4] Proximity of the communications tower to neighboring properties and structures.

(n) The applicant must use the applicant's best efforts to fly an all-weather balloon or place an alternative object at or near the proposed location of the communications tower for at least 14 days prior to the public hearing on the application. The balloon or object must be red and at least 18 inches in diameter, if spherical, or 18 inches in height and width, if rectangular. The top of the balloon or object must be at a maximum proposed height of the communications tower.
(o) Stealth towers must comply with the requirements of Subsection (a) through (n) above. However, Council may waive the requirements of the following provisions of the foregoing subsections where the applicant can demonstrate that the requirement is not necessary to protect the health, safety and welfare: Subsection (a) and (b) relating to additional setbacks; Subsection (c) relating to no front yard placement; Subsection (e) relating to width; Subsection (g) relating to fencing; Subsection (l) relating to height.

Additional standards. In addition to the foregoing, the following standards shall also apply to communications towers and the application for conditional use:

(a) In granting the use, Council may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.
(b) If the conditional use is approved, the height limitations in § 400-29 of this Part 1 will not apply to the communications tower.
(c) All conditional uses approved under this section will automatically lapse if not used for six continuous months. In such a case, all portions of the communications tower will be taken down by the applicant, its successors or assigns, as soon as possible, but not longer than four months after the conclusion of said six-month period. In the event that the applicant, its successors and assigns fail to take down the tower, the owner of the property upon which the tower is located will be responsible for taking it down.
(d) A previously approved conditional use will lapse if an entity operating an existing communications tower in the Borough does not provide reasonable cooperation with another applicant attempting to co-locate on said existing tower.
(e) All approvals will be only for the specific facilities set forth in the application. No additions or alterations thereto will be permitted without a new application.
(f) A lease or license of land for the purpose of installing and operating a communications tower shall not be considered a subdivision for purposes of Subsection B in the definition of "subdivision," in § 380-3 of Chapter 380, Subdivision and Land Development.

Density developments

The subdivision of land into single-family lots smaller than that normally permitted in the applicable zoning district or districts, when authorized as a conditional use.

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
(1) Density development is permissible in A, B and C Residence Districts.
(2) The site of a density development shall not be smaller than six acres (261,360 square feet).
(3) The total number of single-family dwellings in a density development shall not exceed that which is permissible for a single-family development in the applicable base zoning district.
(4) The permitted uses and structures in a density development shall be those of the zoning district in which the density development is located but shall not include uses authorized under the provisions for planned residential development.
(5) The minimum single-family lot size in any portion of a density development shall be one acre (43,560 square feet) in the A Residence Districts and 2/3 acre (29,040 square feet) in the B and C Residence Districts for any density development submitted to or approved by the Borough prior to July 20, 1992. For density developments submitted or approved after July 20, 1992, see § 400-10, Schedule of District Regulations, Lot, Yard and Setback Requirements, Part II.
(6) For a density development located in the A Zoning District, the minimum lot width, yard and setback requirements shall be those of the B Zoning District. For a density development located in the B or C Zoning District, the minimum lot width, yard and setback requirements shall be those of the zoning district in which the density development is located, except that in the B Zoning District the minimum lot width at the building line shall be not less than one 150 feet. These requirements are for density developments submitted to or approved by the Borough prior to July 20, 1992. For density developments submitted or approved after July 20, 1992, see § 400-10, Schedule of District Regulations, Lot, Yard and Setback Requirements, Part II.
(7) The portions of a density development not occupied by single-family lots or roads shall be common open space. The area of common open space shall constitute no less than 15% of the total site area to be used for a density development. Within the area of common open space, at least 50% shall be undisturbed open space. Each parcel of common open space shall be offered for dedication to the Borough for park use. The Borough may accept or reject any such offer. Only if the Borough rejects such an offer of any parcel, the parcel shall meet one of the following two requirements:

(a) The land shall be deeded to an organization in which membership is mandatory for all owners of single-family lots in the density development, which organization shall be responsible for maintenance of and insurance and taxes on common open space; or
(b) The land shall be deeded to a private nonprofit conservation organization with perpetual existence, provided that the conveyance contains provisions for reverter or retransfer to the Borough or to another private nonprofit conservation organization with perpetual existence in the event that the first or a successor such organization becomes unwilling or unable to continue carrying out its functions, and further provided that an appropriate covenant or other form of maintenance agreement acceptable to the Borough is entered into by the developer and the organization.
(c) Such common open space shall, to the reasonable satisfaction of Council, be located and designed as an area or areas easily accessible to residents of the density development and which preserves the natural features of the development area, including those features listed under § 363-9 in Chapter 363, Part 2, the Natural Resources Assessment and Protection Ordinance.Regardless of the type of ownership utilized, all areas of common open space shall be covered by conservation easement, deed restriction or other form of written agreement for perpetual preservation of the area as open space consistent with the terms of this section. Such agreement shall be subject to the approval of the Borough Solicitor.

(8) The layout of any density development shall be consistent with the Borough's Comprehensive Plan.
(9) Single-family dwellings, roads and areas of common open space shall be located, oriented and dimensioned to meet the requirements of the Natural Resources Ordinance (Chapter 363, Part 2, of the Code).
(10) In granting a density development as a conditional use, the Borough Council grants only the land use, based on the general characteristics of the proposed density development as shown on a preliminary plan (as defined in Article IV, § 380-18,, of the Subdivision Ordinance), and on the above requirements. After being granted approval as a conditional use, a proposed density development is still subject to preliminary and final subdivision approval.
(11) If the density development is proposed as a portion of a larger subdivision or land development, the developer must show the proposed boundary of the density development.
(12) If the density development is adjacent to land not fully developed and under option or the same beneficial ownership, the developer shall submit a master plan for the future development of all contiguous properties under option or the same beneficial ownership.

Educational institutions

Including dormitory of an educational institution

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
(a) The minimum land area for a proposed institution organized for the giving of instruction of any kind or nature shall be as follows:

[1] Elementary school: seven acres, plus one additional acre for each 100 pupils of ultimate enrollment.
[2] Junior high school: 15 acres, plus one additional acre for each 100 pupils of ultimate enrollment.
[3] Senior high school: 25 acres, plus one additional acre for each 100 pupils of ultimate enrollment.
[4] School with dormitory: 10 acres in addition to the area derived from the calculation in Subsection D(1)(a)[1], [2] or [3] above.

(b) The proposed school shall be situated where it can be served by an existing sanitary sewer.
(c) The proposed school shall have direct access to a road classified as an arterial or collector road by the Borough.
(d) The proposed school shall not require extensive cut or fill on the building site. In particular, the benching of hillsides shall not be permitted under any circumstances.
(e) Off-street school bus loading zones shall be clearly marked and located so as not to present safety hazards or conflict with the internal circulation system of the site.
(f) Off-street parking shall be provided at the rate of one space per projected employee, plus one space for every 20 pupils of ultimate enrollment in an elementary school and one space for every 10 pupils of ultimate enrollment in a junior or senior high school.
(g) No building or other structure shall be located within a distance of 100 feet from any street or property line. No playground, play field or other active recreation facility shall extend closer than 50 feet to any property or street line.
(h) Not more than 30% of the lot area shall be covered by buildings.
(i) No structure for seating spectators at athletic events (except a gymnasium or auditorium completely enclosed within building) shall be located closer than 200 feet to any residential property line. One off-street parking space shall be provided for every three spectator seats in any such facility.
(j) No dormitory or classroom building shall exceed 40 feet in height. No gymnasium or auditorium shall exceed 50 feet in height.

Emergency medical services facilities

Farms

A parcel of land not less than 10 acres in size, at least 1/3 of the area of which is devoted to raising crops. A single-family dwelling and customary accessory buildings may be included. The keeping or breeding of cattle, sheep, goats, hogs or poultry shall not be construed to be a permitted use on a farm.

Fire engine houses

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
(a) The proposed use shall meet the same standards with respect to grading, off-street parking and road accessibility, which are set forth in this section for educational institutions.
(b) No more than 50% of the lot area shall be covered by buildings, and at least 20% of the lot area shall be free of any impervious surface.
(c) All new construction or renovation shall be set back a minimum of 50 feet from any street right-of-way or property line.

Garages, private

A building, or part of a building, used for the storage of one or more automobiles and other motor vehicles, which is accessory to the principal use of the lot where it is situated. A garage conducted as a business in and of itself, not accessory to a permitted use, is not included.

Home occupation

An occupation carried on in a residential dwelling by a resident thereof, which is a customary and accessory use.

Specific uses. Permitted home occupations, provided they comply with the regulations listed in subsection d of this definition, shall include, but not be limited to, the professions of architect, artist, clergyman, engineer, doctor, lawyer, musician, writer and teacher giving instruction to not more than two pupils at any one time.

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
Specific prohibitions.

(1) the following uses will not be considered home occupations and cannot be carried on as a home occupation:

(a) band instrument instruction in groups.
(b) real estate offices.
(c) offices for insurance agents or brokers.
(d) beauty shops.
(e) automobile (and other vehicles, including boats) inspections or repairs.
(f) bakeries.
(g) day care.
(h) landscaping.
(i) boarding or breeding kennels.
(j) convalescent homes.

(2) this list of prohibitions is not intended to be an exclusive list of all uses which are not considered home occupations hereunder.

Definitional controls. In order to be considered a home occupation, the use must comply with the following:

(1) there shall be no sign or display of any kind except one accessory use sign as defined in article vi (see § 400-22b of this chapter).
(2) the use shall not require internal or external alteration or construction of features not customary and accessory in dwellings and shall be clearly incidental to the primary use of the premises for residential purpose.
(3) no traffic shall be generated by such home occupation in greater volumes than would be normal and typical in a residential neighborhood.
(4) any parking required by the conduct of such home occupation shall be off the street and shall be limited to a total of four outside spaces.
(5) no portion of home occupation use may be carried on outside of the dwelling house.
(6) no outside storage of materials is permitted.
(7) excessive noise and odors are not permitted.
(8) no wholesale or retail transactions are permitted, other than sales of articles which are actually produced on the premises. For the purpose of this subsection, "wholesale or retail transaction" does not include:

(a) transactions conducted on the telephone; and
(b) transactions of a sporadic and nonrecurring nature, where no inventory is kept on the premises.

(9) the maximum number of persons who carry on or are employed in the home occupation may be no more than three (including those of the residents who are so employed).
(10) the maximum number of business visitors at any one time may be no more than eight, except for transactions described in subsection d(8)(b).

Registration. All persons conducting home occupations, whether such home occupation is currently existing or not, shall register with the zoning officer on forms supplied by the borough. Such forms shall include the nature of the occupation and other information which the zoning officer shall reasonably request, including information demonstrating compliance with subsection d of this definition.

Inflatable enclosures

Development Requirements:
In addition to all other applicable requirements, inflatable enclosures of ground space shall be permitted only as accessory uses and only when:

(1) The inflatable enclosure is screened so that substantially all the inflatable enclosure is not visible from adjacent public roads and lots. "Substantially all" will be satisfied if 75% of the structure is screened at full growth of the screening vegetation. Fifty percent of the required screening must be accomplished at planting. Screening shall also meet the requirements of § 400-73 of the planned residential development portion of this chapter relative to compliance with the Grounds Maintenance Guide, measurement of views and types of screening to be used.
(2) The enclosure is set back not less than 200 feet from any property line or street line.
(3) All heaters, fans, air pumps and other similar equipment or items which make noise are located inside the inflatable enclosure and suitably buffered to prevent noise audible on adjoining streets or properties.
(4) The decibel level of such heaters, fans, air pumps and other similar equipment or items does not exceed 50 decibels, measured at the property line, for the land on which the inflatable enclosure is located.
(5) Inflatable enclosures may only be used from October 31 to April 30 and must be deflated and removed at all other times.
(6) An inflatable enclosure may never be the only building on a lot.
(7) The enclosure may not exceed 20 feet in height above the average level of the ground upon which it stands.

Job fairs, camp fairs, charitable organization expos and work projects

Which provide opportunities or training related to the exempt purposes of the primary use

Libraries

Meetings, speeches, performing arts programs and public forums

On subjects relating to the exempt purposes of the primary use

Municipal buildings

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
(a) The proposed use shall meet the same standards with respect to grading, off-street parking and road accessibility, which are set forth in this section for educational institutions.
(b) No more than 50% of the lot area shall be covered by buildings, and at least 20% of the lot area shall be free of any impervious surface.
(c) All new construction or renovation shall be set back a minimum of 50 feet from any street right-of-way or property line.

No-impact home-based businesses

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian; pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.

Oil and gas operations

A. Well location assessments (including seismic operations and related activities conducted in accordance with all applicable federal and state laws and regulations relating to the storage and use of explosives), well site preparation, construction, drilling, hydraulic fracturing and site restoration associated with an oil or gas well of any depth;
B. Construction, installation, use, maintenance and repair of oil and gas pipelines;
C. Water and other fluid storage or impoundment areas used exclusively for oil and gas operations the edge of which area may not be closer than 300 feet from any existing building;
D. Oil and gas wells where the wellhead is at least 500 feet from any existing building and the well pad and all other oil and gas operations (other than pipelines, access roads and security facilities) are at least 300 feet from any existing building;
E. Construction, installation, use, maintenance and repair of all equipment directly associated with activities associated with the activities specified in this definition to the extent that:

(1) The equipment is necessarily located at or immediately adjacent to a well site; and
(2) The activities are authorized and permitted under the authority of a federal or commonwealth agency;

F. Impoundment areas;
G. Compressor stations; and
H. Processing plants.

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
(1) The outer edge of an oil or gas well pad and any other operation (other than a pipeline, access road or security facility) must be at least the greater of the distance specified in the Act or 300 feet from any existing building;
(2) Natural gas compressor and processing stations must be located the distance specified in the Act or 750 feet from the nearest existing building or 200 feet from the nearest lot line, whichever is greatest, unless waived by the owner of the building or adjoining lot, and the noise level may not exceed 60 dbA at the nearest property line or the applicable standard imposed by federal law, whichever is less noisy;
(3) No area disturbed in connection with the drilling of an oil or gas well (other than the access road, pipelines and security facilities) shall be located at a distance of less than 100 feet from any lot or street line;
(4) No oil or gas operation (other than a pipeline) shall be permitted on a parcel less than 10 acres in size;
(5) Both during and after construction, the disturbed area containing the gas or oil well shall be enclosed by a fence suitable for preventing access to the area by unauthorized persons and otherwise meeting Borough standards contained in § 400-25 of this chapter;
(6) The applicant shall file with the Borough Council a written plan providing for the landscaping of the site after construction so as to screen the well and related equipment from adjoining properties and streets, public and private;
(7) The applicant shall file a notice of proposed environmental disturbance with the Environmental Advisory Council and obtain the approval of Borough Council of the proposed disturbance, and shall otherwise comply in all respects with Part 2 of Chapter 363 of the Code of Ordinances;
(8) Movement of equipment to and from the site of an oil or gas well shall be subject in all respects to Sections 14 and 15 of Ordinance 403, Chapter 338, § 338-15 of the Code of Ordinances, and the Pennsylvania Vehicle Code, 75 PA. C.S.A., especially Chapter 49 thereof;
(9) The applicant shall agree that the Borough has a right of inspection during site preparation and drilling and thereafter, in relation to the enforcement of this ordinance;
(10) The applicant shall provide evidence that the oil or gas well has been appropriately permitted by Pennsylvania's Department of Environmental Protection ("DEP");
(11) The application shall show gathering and transmission pipelines from the wellhead at least as far as the boundary of the Borough;
(12) Water (with or without additives) being held for injection into a well and water (whether purified or not) returned from a well may be stored only on the parcel on which the wellhead is located and only in closed tanks surrounded by containment dams and only for a short time period;
(13) Before commencing grading, drilling or any other operations on the well site (except a road with a dust-free surface adequate for test boring equipment), the applicant shall drill test borings at locations and to depths agreed with the Borough for the purpose of drawing and analyzing water on and beneath the site so that a predevelopment base line of the contents of the water can be developed for ultimate comparison to post-development water;
(14) The application must be accompanied by a plan agreed upon by the applicant and the Borough's emergency management personnel on how spills, blowouts, and other accidents and emergency situations on the well site shall be handled, it being understood that the cost of handling such situations shall be borne by the applicant; and
(15) The application shall also include the applicant's plan to inform residents the nearest points of whose property is within a half mile of the boundaries of the well site before the application is filed and periodically during the performance of work on the site as to the work being or to be performed and likely consequences of it.

Parkland

Any property owned by the Borough of Fox Chapel which has been officially designated by Borough Council as parkland or has been restricted for use as parkland in the deed of conveyance.

Parks, playgrounds or recreation areas, borough-owned

Planned residential developments

An area of land controlled by a developer, to be developed as a single entity for a number of dwellings, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created under the provisions of this part.

Preschools, day-care centers and playgrounds

Accessory to churches and schools

Private stables

A building or part of a building accessory to a farm or single-family dwelling for housing horses. A stable conducted as a business in and of itself, and not as an accessory use, is not included.

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
(1) A private stable may be permitted only in an A Residence District.
(2) The proposed stable or any enlargement or addition to an existing stable, shall be of substantial construction and be architecturally compatible with the neighborhood where it will be built. No stable or corral shall be located at a distance of less than 100 feet from any lot or street line.
(3) The number of horses to be kept in the proposed private stable shall not exceed one for every 60,000 square feet in the lot or parcel, provided that not more than two foals less than six months in age may be added to the number of horses derived from the above calculation.
(4) The applicant shall file a written agreement with the Borough Council stating that he will remove or completely remodel for another approved accessory use the private stable if he ceases to maintain a horse therein for a continuous period of three years or for any 40 months in a four-year period.
(5) The Borough Council shall take into consideration whether the lot or parcel where a private stable is proposed has direct access to open space suitable for equitation and whether the applicant has permission to use said open space for the purpose.

Property that is owned by a land stewardship entity

And is restricted from development or disturbance

Recreation clubs

Private golf, tennis, riding or other indoor or outdoor recreation club. For purposes of this section and this Part 1, "club" shall mean a group of people organized for a common purpose and which is designed to serve the interests of its members and guests, and not to financially benefit private parties.

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
(a) The minimum land area for the proposed use shall be four acres.
(b) The proposed use shall meet the same standards with respect to grading which are set forth in this section for educational institutions.
(c) The proposed use shall have frontage upon an arterial or collector road, as classified by the Borough. All access to off-street parking shall be directly from such a road.
(d) Sufficient off-street parking shall be provided in relation to the character and intensity of the proposed use; landscaping of parking areas shall be in accordance with the terms of § 400-70C(6) of the Fox Chapel Borough Planned Residential Development Ordinance.
(e) The following standards shall apply to all new construction or renovation:

[1] The building shall be located at a distance not less than 50 feet from any street line and not less than 100 feet from any other property line, except that where the property adjoins Borough parkland the setback may be reduced to 50 feet.
[2] Applicable requirements for screening the building and its associated parking lot shall be those of § 400-73 of the Fox Chapel Borough Planned Residential Development Ordinance.

(f) Lighting requirements for the proposed site shall be those of § 400-74 of the Fox Chapel Borough Planned Residential Development Ordinance (Part 2 of this chapter).

Religious or philanthropic uses

Excluding correctional or penal institutions, or nursing care facility

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:
(a) The minimum land area for the proposed use shall be four acres.
(b) The proposed use shall not be one which generates a greater volume of traffic than is usual and acceptable in a residential area.
(c) All new construction or renovation shall be set back a minimum distance of 50 feet from any street right-of-way or property line.
(d) The proposed use shall meet the same standards with respect to sewerage, grading and road accessibility which are set forth in this section on educational institutions.
(e) Not more than 30% of the total lot area shall be covered by buildings or other impervious surfaces.
(f) Sufficient off-street parking shall be provided for any proposed use such that there is a minimum of one space for each projected employee during the period of maximum employment. In addition, uses providing hospital or similar type care shall provide one parking space per three beds; uses of an educational nature shall provide one parking space per five students. Landscaping of parking areas shall be in accordance with the terms of § 400-70C(6) of the Fox Chapel Borough Planned Residential Development Ordinance (Part 2 of this chapter).
(g) Landscaping and screening of the proposed site hall be accomplished in accordance with § 400-73 of the Fox Chapel Borough Planned Residential Development Ordinance (Part 2 of this chapter).
(h) Lighting requirements for the proposed site shall be those of § 400-74 of the Fox Chapel Planned Residential Development Ordinance (Part 2 of this chapter).
(i) The height of any new building shall not exceed three stories or 40 feet, whichever is less.

Schools

Accessory to churches

Seasonal and holiday sales

With related temporary signage, even when those sales may generate revenues used in carrying out the exempt purposes of the primary use

Single-family dwellings

A building having only one dwelling unit from ground to roof, independent outside accesses, and open space on all sides, not connected to any other dwelling unit by foundation, connecting wall, or any other structure (except a shared driveway).

Small wind energy systems

A wind energy system that: (a) Is used to generate electricity; (b) Has a nameplate capacity of 100 kilowatts or less; and (c) Has a total height of 170 feet or less.

Development Requirements:
(1) Small wind energy systems (as defined below) shall be permitted as a conditional use in all zoning districts.
(2) Definitions.
(3) A wind tower for a small wind system shall be set back a distance equal to its total height from:
(a) Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
(b) Any overhead utility lines, unless written permission is granted by the affected utility; and/or
(c) All property lines, unless written permission is granted from the affected landowner or neighbor.
(4) All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
(5) The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(6) All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires, shall be located underground.
(7) A small wind energy system, including tower, shall comply with all applicable state construction and electrical codes and the National Electrical Code.
(8) No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(9) The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.
(10) The tower height of a small wind energy system shall not exceed a maximum height of 80 feet on a parcel of between 1/2 acre and one acre. For property sizes of one acre or more, there is no limitation on tower height except as imposed by FAA regulations.
(11) The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be 10 feet above the height of any structure within 150 feet of the base. The supporting tower shall also be enclosed with a six-foot-tall fence or the base of the tower shall not be climbable for a distance of 12 feet.
(12) To the extent applicable, the small wind energy system shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 to 403.142.
(13) The wind generator shall be a nonobtrusive color such as white, off-white or gray.
(14) The wind generator and tower shall not be artificially lighted, except to the extent required by the FAA or other applicable authority that regulates air safety.
(15) All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building or other structure associated with small wind energy system shall be prohibited.

Small wireless facilities

Vehicle Parking:
See § 400-28: Off-street parking. for more information on parking.

Development Requirements:

A. General standards. Small wireless facilities (SWF) shall be permitted in all zoning districts (except where utilities are or are required to be underground) upon application to the Borough's Code Compliance Official in the form he provides based on the preferred location criteria in Subsection B below.

(1) SWF encompasses facilities that meet the following conditions:

(a) The facilities:

[1] Are mounted on structures 50 feet or less in height, including their antennas as defined by the FCC; or
[2] Are mounted on structures no more than 10% taller than other adjacent structures; or
[3] Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is less;

(b) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of "antenna" by the FCC), is no more than three cubic feet in volume;
(c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(d) The facilities do not require antenna structure registration under FCC regulations; and
(e) The facilities do not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified by the FCC.

(2) For application requirements see § 400-34.1A(2) for detailed information.

B. Preferred locations. When evaluating an application for an SWF for compliance with this chapter, the applicant and the Borough Code Official will take into account whether any preferred locations are technically feasible and potentially available. Any locations closer to a residential dwelling than the proposed height of the SWF plus 10 feet or otherwise not listed below shall be considered "discouraged." All applicants for an SWF must propose locations according to the following preferences, ordered from most to least preferred:

(1) Private property co-located within existing structure(s) or proposed replacement structures in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(2) Private property in a new structure(s) in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(3) Co-located on existing or replacement structure(s) in the public right-of-way of an arterial road in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(4) New structure(s) in the public right-of-the way of an arterial road in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(5) Co-located on existing or replacement structure(s) in the public right-of-way of a collector road in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(6) New structure(s) in the public right-of-way of a collector road in the I/O Zoning District;
(7) Private property co-located on existing structure(s) or proposed replacement structures in A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(8) Private property in new structure(s) in A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(9) Co-located on existing or replacement structure(s) in the public right-of-way of an arterial road in A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(10) New structure(s) in the public right-of-way in the A, B, C, and D Zoning Districts and at least 500 feet from a residential dwelling;
(11) Co-located on existing or replacement structure(s) in the public rights-of-way of an arterial road in the A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(12) New structure(s) in the public right-of-way of a collector road in the A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet; and
(13) Co-located on existing or replacement structure(s) in the public rights-of-way of a local road in the A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet.

Solar panels

Development Requirements:
(1) Repair and replacement of existing solar panels is exempt from § 400-14H of the Code of Ordinances provided that there is no expansion of the area covered by the solar panels.

(2) Roof-mounted solar panels shall, upon application to and approval by the Code Compliance Officer, be a permitted accessory use in all zoning districts in the Borough. A person seeking to install a roof-mounted solar panel on a property in the Borough shall submit an application to and in the form prescribed by the Code Compliance Officer. The Code Compliance Officer has the authority to approve or, if it does not meet the applicable requirements of the Code, disapprove such application, or may request additional information if the application is not sufficient to permit him to make a decision. Unless the PA Uniform Construction Code provides for a longer review period (such as in the case of a commercial application), one of these initial actions must be taken by the Code Compliance Officer within 15 business days of the first business day after his receipt of the application. Failure to take this initial action timely shall result in deemed approval of the application.

(3) Solar panels and associated equipment shall meet the setback and height requirements for the zoning district in which they are located.

(4) Solar panels and associated equipment shall not block required parking.

(5) Nonfunctioning solar panels shall be removed within three months of becoming nonfunctional.

(6) Permitted roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush-mounted solar panels attached to the roof surface. No signage or graphic content may be displayed except the manufacturer's logo, safety information and equipment specifications.

(7) Solar panels exceeding four square feet in area are not permitted in any front yard, on any face of a building or structure facing a street unless integrated with the ordinary construction of said building or structure, and/or in view of any adjacent street, except roof-mounted solar panels as set forth herein.

(8) All exterior electrical lines shall be in conduit and painted in a color scheme that matches as closely as reasonably possible the color of the structure and materials adjacent to the conduit (i.e., the conduit on walls should be painted the color of the structure or the wall while conduit on roof should be the color of the roof). All exterior plumbing lines must be painted in a color scheme that matches as closely as reasonably possible the color of the structure and materials adjacent to the plumbing lines.

(9) It shall be a violation of this chapter to install or use a solar panel which is not permitted by the Borough.

Solar panels, ground-mounted

A solar panel which is separate from the roof of a structure on the property on which it is located; any solar panel which is not roof-mounted shall be considered ground-mounted for purposes of this chapter.

Development Requirements:
(1) Solar panels, ground-mounted shall meet the requirements set forth in § 400-34D and § 400-38: Application for conditional use of the Code of Ordinances.

(2) Ground-mounted solar panels may be permitted as a conditional use under this section. Ground-mounted solar panels shall:

(a) Be located in a side or rear yard only.
(b) Not exceed eight feet in height above the ground.
(c) Be fully screened from adjacent properties by fencing or a combination of evergreen and deciduous plantings.
(d) For ground-mounted solar panels, all exterior electrical lines must be in conduit and conduit and plumbing lines must be buried.

Solar panels, roof-mounted

A solar panel which is attached to the roof of a structure on a property. On pitched roofs, solar panels must be separated by no more than 12 inches from the surface on which they are mounted, measured at right angles from that surface, and shall not project vertically above the peak or below the gutter line or horizontally beyond the edge of that roof. On flat roofs, solar panels shall not project vertically more than five feet above the roof and shall not be visible from a point on an adjacent public right-of-way or property which point is located within 75 feet of the structure on which the solar panel is located. Such visibility shall be measured at a level of five feet from the ground on such right-of-way or property.

Undisturbed common open space

Common open space which does not include incidental recreational facilities or grading or other disturbances incidental to facilities outside the undisturbed open space area.

Undisturbed open space

Common open space which does not include incidental recreational facilities or grading or other disturbances incidental to facilities outside the undisturbed open space area.

Water storage facilities

Any facility, including appurtenances thereto, used for the storage, purification or distribution of potable water, including but not limited to underground reservoirs, aboveground reservoirs, elevated storage tanks and standpipes.

Development Requirements:
Applicant shall submit documentation or other evidence demonstrating compliance with the following standards:

(1) The proposed water storage facility shall be set forth in detail and may include underground reservoirs, aboveground reservoirs, elevated storage tanks, standpipes and accessory buildings, including, but not limited to, underground vaults and aboveground buildings for chlorination and pumping facilities, control valves, meters and appurtenances thereto; provided, however, that any such buildings shall not be used for general storage of something other than water or operations not directly and substantially related to the operation of a water storage facility.
(2) Aboveground structures and underground structures shall comply with the applicable setback for structures in the district in which the structure is located. Council shall have the ability to approve conditional uses where structures (both above and below ground) are located in setback areas. Such approval shall not be a matter of right and may be granted only if a reasonable necessity is shown by the applicant, based on all the facts and circumstances, including:

(a) The height and size of the structure;
(b) The relative feasibility of alternatives;
(c) The amount of the encroachment into the setback area; and
(d) Those factors listed in Subsection A(9) hereof.

(3) Not more than 30% of the total lot shall be covered by structures, buildings or other impervious surfaces; provided, however, that the provisions of this Subsection C(3) shall not apply to portions of underground structures which are completely buried by a layer of earth at least 18 inches in thickness.
(4) No aboveground water storage structure shall exceed 6,000 square feet in plan view. No other structure or building shall exceed 1,000 square feet of total floor space at or above ground level.
(5) The current or reasonably anticipated need in the community for a proposed water storage facility.
(6) The proposed location must be adequate for the intended purpose of water storage facilities, which includes providing an adequate water supply to the public and adequate water pressure for firefighting purposes and for other customers.
(7) The minimization of detrimental effect on the essential character of the neighborhood will be considered. In addition to other items, Council will specifically consider:

(a) Sight lines from neighboring residences;
(b) Screening, other landscaping and color of structures to reduce visual impact;
(c) Exact height of any structures and specific setbacks requested; and
(d) Other health, safety and welfare concerns including anticipated noise levels.

Borough of Fox Chapel, PA

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