MapLink™ | General Requirements

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Swimming pools Swimming pools shall be fenced and maintained as required by the Uniform Construction Code, as amended.
Boats, motor and mobile homes, unlicensed vehicles and commercial vehicles. No mobile home (house trailer*) or motor home* (house coach*) shall be occupied as a dwelling within the Borough of Fox Chapel except to the extent expressly permitted in Chapter 219, Mobile Homes, of this Code. No salvage vehicle,* unlicensed farm equipment,* unlicensed construction equipment or other wheeled or tracked motor vehicle* (other than a passenger car*) or machine (as examples, but not by way of limitation, skidsteer, snowmobile, quadrunner, lawn tractor or Gator™), commercially licensed vehicle, trailer, boat more than 10 feet in length and no mobile home or motor home shall be maintained or parked within the Borough of Fox Chapel at any time:

A. Closer to a road, street or lane than the principal structure on the property of the property owner on whose property it is located; or

B. At any other place on such property unless it is screened from view from any point off such property by evergreens or other vegetation, topography, walls, fences or earth-tone nonliving screening material, except that:
(1) A boat or motor home may be parked on a residential lot not closer to a road, street or lane than the principal structure on the property for periods totaling not in excess of two weeks in any calendar year; and
(2) A building contractor may park construction equipment and/or an enclosed job trailer and/or tool trailer on a building site during construction on that site. Any equipment or trailer so used by a building contractor shall be promptly removed upon completion of construction.

[Items marked with an asterisk (*) are defined in the Pennsylvania Vehicle Code, Title 75 of the Pennsylvania Consolidated Statutes Annotated.]
Compliance with Natural Resources Ordinance Regardless of the minimum lot area required, the use on any lot permitted pursuant to this part must be in compliance with the natural resource protection standard in §§ 363-16 to 363-18 of the Borough's Natural Resource Assessment and Protection Ordinance of 1977 in Chapter 363, as amended. The applicant shall demonstrate compliance pursuant to the procedure defined in § 400-36 of this Part 1.
Determining number of stories A one-and-one-half-story single-family dwelling shall be deemed to be any single-family dwelling in which the habitable area of the second floor does not exceed 2/3 of the habitable area of the first floor, but does exceed 1/3 of the habitable area of the first floor. A single-family dwelling having a habitable are on the second floor less than or equal to 1/3 of the habitable area of the first floor shall be deemed a one-story dwelling. Any portion of a floor which is or is to be left unfinished shall not be deemed habitable. The habitability of the area referred to in this section shall be determined by the Zoning Officer, subject to the applicant's right of appeal to the Zoning Hearing Board.
Height regulations. No single-family dwelling or accessory building shall be erected or substantially rebuilt in the Borough of Fox Chapel after the effective date of this section to exceed a building height of 40 feet. No other building or structure shall exceed a height of 50 feet. Said limitation shall not, however, apply to any water storage facilities, amateur radio communications towers or communications towers installed, erected or constructed pursuant to an approved § 400-14 conditional use application.
Helicopters and heliports Prohibitions.
(1) Heliports and the landing of helicopters are prohibited in the Borough of Fox Chapel.
(2) No helicopter may fly at an altitude which causes a hazard to persons or property on the surface.

Exceptions. Subsection B(1) shall not apply to any heliport used for takeoff or the landing of a helicopter relating to the following:
(1) Heliports identified in the Borough of Fox Chapel Emergency Management Plan.
(2) Life flights or other cases of medical emergency.
(3) Police emergency.
(4) Heliports involving programs of spraying or otherwise delivering insecticides (e.g., gypsy moth spraying), where the Borough is a voluntary participant in such program.
(5) Heliports meeting the conditional use standards set forth in Subsection D.

Conditional use standards. A landowner may request a conditional use from Council in accordance with § 400-38 hereof for a heliport; the applicant shall submit as part of the application documentation or other evidence demonstrating the following:
(1) The heliport is to be located at least 500 feet from any lot line or street line.
(2) No more than two takeoffs and two landings may occur at a heliport in any one day.
(3) No takeoffs or landings may occur between the hours of 9:00 p.m. and 8:00 a.m.
(4) The minimization of the detrimental impact on the essential character of the neighborhood caused by the heliport and the related activities thereto. Council will specifically consider the following in this respect:
(a) Screening or other landscaping around the heliport;
(b) The type of helicopter to be used at the heliport and the attendant noise levels generated thereby, especially for anticipated readings above 50 decibels, measured at the property lines for the land on which the heliport is located;
(c) Proposed flight paths to be used by the operator, especially during takeoffs and landings, and the anticipated noise levels in excess of 50 decibels generated thereby, to be measured at the property lines for the land on which the heliport is located;
(d) The effect on property values;
(e) The location of the heliport, both on the property itself and in relation to surrounding properties; and
(f) Any anticipated downdrafts or other air displacements generated by the helicopter using the heliport.
(5) Compliance with all applicable federal and state laws regulating helicopters and heliports, including, but not limited to, approval by the Bureau of Aviation of the Pennsylvania Department of Transportation and the Federal Aviation Administration (the "FAA") of flight paths and approach patterns.
(6) Compliance with all Borough ordinances.
(7) A report from a reputable acoustic or aviation consultant showing the computer prediction model developed by the FAA, referred to in 14 CFR Part 150, section A150.103.
(8) Proof of ownership of helicopter liability insurance in an amount not less than $5,000,000 for any one accident or occurrence.
(9) If after approval by Council of the conditional use the use of the heliport or the heliport itself ceases to comply with any of the foregoing requirements, any conditional use shall be deemed to have immediately and automatically expired and be of no further effect. This condition shall be considered part of any approval granted by Council or deemed to be granted, whether or not expressly set forth therein.

Interpretation.
(1) Should any part of this section be declared invalid, it is the intention of Borough Council that the remainder of this section be in full force and effect, as if the section has been enacted without said invalid portion.
(2) This section shall be interpreted so as to be not preempted by federal law.
Minimum first-floor area. No single-family dwelling shall be erected or substantially rebuilt in the Borough of Fox Chapel after the effective date of this Part 1 which does not comply with the following minimum first-floor area requirements:
A. For all one-story single-family dwellings, the minimum first-floor area shall be 1,500 square feet.

B. For one-and-one-half-story single-family dwellings, the minimum first-floor area shall be 1,200 square feet.

C. For all single-family dwellings having two or more stories, the minimum first-floor area shall be 1,000 square feet.

D. In computing the minimum first-floor area of any single-family dwelling, the area of garages, open or closed porches, and breezeways shall be excluded. Minimum first-floor area shall be computed on the basis of the dimensions of the dwelling, or part thereof being measured, at the level of the first floor which is at or above ground level at the main entrance to the dwelling. A variance to the minimum first-floor area requirements of this section may be authorized only by the Zoning Hearing Board.
Off-street parking A. Required off-street parking shall be located on the site of the principal building which is served by the parking. Said parking space shall not be encroached upon by buildings, storage or other use; nor shall the parking space be reduced except upon the approval of the Zoning Hearing Board, and then only after proof that the off-street parking spaces provided are no longer needed by reason of reduction in floor area, seating area, or other factors affecting the need for parking space.

B. Required off-street parking areas for three or more automobiles on other than residential premises shall have spaces marked for each car. They shall be so designed that any automobile may be parked or unparked without moving another automobile and without entering on a public road or street. No driveway across public property or curb shall exceed a width of 25 feet. The requirement for off-street parking shall be in addition to any front yard setback requirements set forth in this Part 1.

C. All open parking areas containing more than three parking spaces other than for residential premises shall be improved with a bituminous or other all-weather dust-free surface.

D. Every new or substantially reconstructed single-family dwelling shall be provided with at least two off-street parking spaces.

E. All open parking areas for churches, educational, religious or philanthropic institutions shall be provided with landscaped islands as specified by Borough Council. No open parking area shall be constructed closer than 15 feet to adjoining properties.
Permitted signs The following types of signs shall be permitted in the Borough:
A. Official traffic signs and street name signs. Official signs identifying public buildings of the Borough of Fox Chapel.
B. One identification sign each for schools, churches, clubs or similar institutions, provided that the area on one side of any such sign shall not exceed 10 square feet and that no such sign shall have more than two sides. In addition said institutions may erect signs not exceeding one square foot in area indicating directions to motorists.
C. Real estate signs advertising the sale, rental or development of premises, provided that the area on one side of such sign shall not exceed 10 square feet and that no such sign shall have more than two sides. Real estate signs shall be located at least 20 feet from the edge of the pavement of any street. All real estate signs shall be removed upon the signing of a sales agreement for the sale of the property.
D. Temporary signs of building contractors and artisans, not to exceed 10 square feet in area, provided that such signs shall be promptly removed upon completion of the work.
E. Temporary signs in the I-O District may be displayed for no more than 60 days per calendar year, will be limited to one per property, and can be no larger than four feet in height and 13 feet in width.
F. Bulletin boards, of the same area, of a church, school or municipal building, for the purpose of displaying the name and activities or services there provided.
Sign regulations All signs displayed within the Borough of Fox Chapel and subject to regulation under this part, including those permitted in the preceding section, shall comply with the following regulations:
A. Design. Each sign shall have no more than two sides. The highest point of any sign shall not exceed six feet above the ground; provided, however, that any sign may be located higher than six feet if necessary to be visible from the closest street, road or lane, when located as close as is permitted to such street, road or lane.
B. Location. Signs shall not be posted on any property without the consent of the owner of such property. The Borough may maintain a registry of owners who have indicated a preference with respect to signs on such owner's property. If an owner has requested that no signs be permitted on the property of the owner, the Borough may remove any such sign. Any request of an owner will be revocable at any time by the owner.
C. Construction; removal. All signs shall be posted in a safe and secure manner and must be maintained in good condition. The owner of the property on which a sign or signs are posted: 1) shall remove signs that do not comply with this part or shall make or cause to be made, as and when necessary, all repairs and replacements so as to bring such sign or signs into compliance; and 2) shall not permit said sign or signs to become deserted or abandoned and shall cause them to be removed prior to either condition being present. For purposes hereof, a sign will generally be considered to be deserted or abandoned if it relates to a specific event and a reasonable amount of time has passed following the occurrence or completion of the event.
D. No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view.
E. No sign shall be of a flashing type, except traffic control devices.
F. All signs shall be kept in good repair and shall not be permitted to become unsightly.
G. No sign, other than official traffic or information signs, shall be erected in or project into any public park, street or highway, or over or in or into any sidewalk of the Borough of Fox Chapel.
H. No sign shall be nailed, wired or otherwise affixed to a tree or to an official traffic sign or street name sign.
I. No sign shall be artificially illuminated.
J. No posters, signs, cards, advertising matter or any objects whatsoever may be placed upon utility poles or elsewhere within or along the streets, roads and public ways of the Borough.
Vision obstruction On any corner lot, no structure, fence, wall, hedge or other planting shall be erected or allowed to grow, be placed or maintained at a height of more than three feet above the center lines of the intersecting roads within a triangle formed by said center lines and a straight line connecting said center lines at a point 75 feet from the intersection of the center lines for local roads and 200 feet from the intersection of the center lines for collector or major roads. The classification of roads as local, collector or major shall be as set forth in the Borough Plan.
Walls and fences A standard fence may be erected and maintained at any point on any lot in any district, except as provided in § 400-24 of this Part 1. Notwithstanding the foregoing, no such fence shall be built upon, interfere with or project over or onto any public right-of-way or interfere with any sight distances at intersections or roads. All fences, walls or other similar items (referred to as "fences" in this section), whether a standard fence or otherwise, must meet the requirements of this section.

Construction.
(1) Wooden fences shall be erected with the finished side or "good side" facing toward the public streets of the Borough and toward adjoining properties.
(2) It is recommended that chain-link and other wire mesh fencing, as well as other fences which are painted, should be painted with a color which blends in with the surroundings and which does not attract the attention of drivers on public streets. Aluminum, galvanized or light-reflecting colors are not recommended.

Maintenance. All fences within the Borough must be maintained in good repair at all times.

Prohibitions.
(1) Barbed wire fencing is prohibited within the Borough.
(2) Razor wire and razor ribbon fencing are prohibited within the Borough.
(3) Subject to all other applicable restrictions, electric wire fencing or any other electrified fencing is permitted within the Borough only if the following conditions are met:
(a) The electric fence controller (the device which puts the voltage on the wire or wires of the fence, usually containing a positive and negative terminal) must be approved by Underwriters Laboratories (UL).
(b) The approved electric fence controller may not be modified.
(c) The following safety standards must be met:
[1] Continuous current or an alternating 60 Hz current in the fence is not permitted;
[2] The voltage on the wire must be pulsed with at least one second between each pulse; and
[3] The enclosure must be designed and maintained so that there is no risk of shock, fire, injury or other hazard to person or property.
(d) The requirements of UL Standard 69, as the same is modified, amended, supplemented or replaced from time to time, shall be met on each day the fence is maintained.
(e) Warning signs shall be placed along the fence sufficient to warn persons of the location and nature of the fence. In particular, such signs shall be designed to convey a message of danger to small children who may be unable to read.
(f) The electrical fence must be installed in accordance with the National Electric Code and must be inspected by an independent electrical agency approved by the Borough, and a copy of the electrical inspection report must be filed with the Borough.
(4) In addition to the remedies available under this Part 1, violations of this subsection may be prosecuted as a nuisance.
(5) Hedges, trees, rows of trees, shrubbery and bushes, which in the judgment of the Borough Engineer interfere with sight lines, public safety and/or restrict access to public utilities, are not permitted within the right-of-way of any public road, street or lane.
(6) No fence will be located in undisturbed open space. No fence, other than a standard fence, shall be located too close to undisturbed open space. As used in this subsection, "too close" shall mean within the required setback for the zoning district in which the fence will sit, measured from the perimeter of the undisturbed open space.
(7) No fence shall be erected, constructed, replaced or moved until a permit has been received from the Zoning Officer. The application for said permit shall be on a form provided by the Borough and shall require such information as is needed to demonstrate compliance with the applicable provisions of this Part 1. A fee may be charged in an amount determined from time to time by Council by resolution.

Underground fences. Nothing contained herein shall be interpreted to prohibit fences consisting of underground electrical wiring, commonly referred to as "silent" or "invisible" fences.