The following provisions shall apply to all
nonconforming uses:
A.
A nonconforming use may be continued but may not be
extended, expanded, or changed unless to a conforming use, except
as permitted by the Zoning Hearing Board in accordance with the provisions
of this chapter.
B.
Any nonconforming structure damaged by fire, flood,
explosion, or other casualty may be reconstructed and used as before
if such reconstruction is performed within 18 months of such casualty,
and if the restored structure has no greater coverage and contains
no greater cubic content than before such casualty.
C.
In the event that any nonconforming use, conducted
in a structure or otherwise, ceases or is abandoned for whatever reason,
for a period of 18 months, such nonconforming use shall not be resumed.
D.
A nonconforming use which occupies a portion of a
structure or premise may be extended within such structure or premise
as they existed when the prohibitory provision took effect, but not
in violation of the area and yard requirements of the district in
which such structures or premises are located. No change of a nonconforming
use shall entail structural alterations or any additions other than
those required by law for the purpose of safety and health.
E.
The Board may impose such conditions as it deems necessary
for the protection of adjacent property and the public interest.
Any facility for water recreation, such as private
swimming pools and swimming clubs, shall comply with the following
requirements:
A.
The facility shall conform with the setback requirements
for residential structures.
B.
The facility shall be enclosed by a fence no less
than four feet high to prevent uncontrolled access by small children,
if prescribed by the Zoning Hearing Board for safety reasons.
C.
The facility, if operated to attract visitors, shall comply with parking requirements established under § 300-12 of this chapter.
D.
Before a zoning certificate shall be issued to the
operator or owner of the facility, a plan shall be submitted to the
Zoning Hearing Board showing size of facility, proposed use, parking
arrangement and use of buildings on the site, surrounding properties
and their usage, and any other pertinent information.
[Amended 9-22-1980 by Ord. No. 445]
Off-street parking spaces shall be provided
in accordance with the specifications in this section in any district
whenever any new use is established or existing use is enlarged. No
parking bay shall be narrower than nine feet. The minimum area per
car in a parking lot shall be 180 square feet.
A.
Number of spaces required. The number of parking spaces
to be provided shall not be less than the following:
|
Use
|
Parking Spaces Required
| |
|---|---|---|
|
Residential
|
2 per dwelling unit
| |
|
R-SC Residential Senior Citizen
|
1 for every 4 dwelling units
| |
|
Church and school
|
1 per 6 seats in principal assembly room
| |
|
Private club or lodge
|
1 per 4 members
| |
|
Theater
|
1 per 4 seats
| |
|
Hospital and clinic
|
1 per 3 beds and 1 for each 2 employees on the
maximum working shift
| |
|
Professional offices, business services and
wholesale business
|
1 for every 250 square feet of floor space
| |
|
Retail businesses, eating and drinking places,
and personal
|
1 for every 100 square feet of floor space
| |
|
Industrial uses
|
1 for each employee on the maximum working shift
|
B.
Off-street loading. On or after date of adoption no
application for a building permit for the construction or substantial
reconstruction of any principal building shall be approved unless
there is included with the plan for such building a plot plan showing
the amount of off-street loading berths to be provided in connection
with such construction or reconstruction in accordance with the following
regulations:
|
Building Type
|
Floor Area
(square feet)
|
Number of Loading Berths Required
| |
|---|---|---|---|
|
Banks:
| |||
|
Less than 40,000
|
0
| ||
|
40,000 — 100,000
|
1
| ||
|
More than 100,000
|
1 for each 100,000 square feet or fraction thereof
| ||
|
Hospitals, municipal
|
Less than 10,000
|
0
| |
|
Buildings, public or private recreation
|
10,000 — 100,000
|
1
| |
|
Buildings and other similar uses
|
More than 100,000
|
1 for each 100,000 square feet or fraction thereof
| |
|
Manufacturing and industrial buildings:
| |||
|
Less than 2,000
|
0
| ||
|
2,000 — 40,000
|
1
| ||
|
40,000 — 100,000
|
2
| ||
|
More than 100,000
|
2 plus 1 for each additional 100,000 square
feet or fraction thereof
| ||
|
Retail establishments (individual or in groups):
| |||
|
Less than 2,000
|
0
| ||
|
2,000 — 5,000
|
1
| ||
|
5,000 — 25,000
|
2
| ||
|
25,000 — 40,000
|
3 (includes 1 berth 10 feet x 45 feet)
| ||
|
40,000 — 100,000
|
4 (includes 2 berths 10 feet x 45 feet)
| ||
|
100,000 — 250,000
|
5 (includes 3 berths 10 feet x 45 feet)
|
(1)
All required loading berths shall be located on the
same zoning lot as the use served. No loading berth for vehicles over
two-ton capacity shall be closer than 30 feet to any property in a
residential district unless completely enclosed by building walls,
or a uniformly painted wall or fence, or any combination thereof,
not less than five feet in height. No permitted or required loading
space shall be located within 30 feet of the nearest point of intersection
of any two streets. No loading berth shall be located in a required
front yard.
(2)
Each required off-street loading space shall be designed
with appropriate means of vehicular access to a street in a manner
which will least interfere with traffic movement.
(3)
All drives and loading berths shall be surfaced with
a bituminous or other dust-free surface.
(4)
No motor vehicle repair work or service shall be permitted
in conjunction with loading spaces.
(5)
Space allocated to off-street loading shall not be
used to satisfy the space requirements for off-street parking.
(6)
For special uses other than those prescribed for herein,
off-street loading berths adequate in number and size, shall be provided,
as determined by the Borough Planning Commission.
[Amended 3-23-1976 by Ord. No. 432; 12-14-1988 by Ord. No.
485; 10-9-1991 by Ord. No. 497]
A.
Applicability. The following regulations, restrictions
and specifications shall govern and control all fences in the Borough
of Leetsdale.
B.
Specifications adopted by reference. The Manual, "How
to Build Fences and Gates," published by Lane Books, Menlo Park, California,
Fourth Printing, 1972, is hereby adopted as the reference for the
hereinafter mentioned descriptive specifications for fences in the
Borough of Leetsdale, and page numbers hereinafter recited shall refer
to said Guide.
C.
Fence height; residential and commercial areas.
(1)
In front of or along side of a dwelling or structure,
only open fences shall be permitted and shall not exceed a height
of four feet. This shall include any and all front yard or side yard
fences, without exception.
(2)
To the rear of a dwelling or structure, open wood
fences shall be permitted, provided they do not exceed a height of
six feet.
(3)
To the rear of the dwelling or structure, open chain
link or ornamental iron fences shall be permitted, provided they do
not exceed a height of eight feet.
(4)
Fences shall be erected within six inches of the front,
side and rear property lines.
(5)
The front side line of any property shall be considered
to extend to a point opposite the rear external wall of any adjoining
dwelling or structure.
D.
Common fences; residential area.
(1)
A fence already erected in rear of a dwelling or structure
in a residential area shall be considered a common fence with adjoining
property owners, provided it is solid and at least five feet in height.
Said adjoining owner shall not be permitted to erect an additional
fence. If the existing fence is open, the neighbor can erect a solid
fence up to six feet in height.
(2)
In the event a solid common fence of at least five
feet in height exists and does not enclose the entire area (i.e. the
area behind the dwelling or structure), the neighboring resident shall
begin any further solid fencing at a point where the existing fence
ends.
(3)
A fence already erected along a side area of a dwelling
or structure in a residential area shall be considered a common fence
with adjoining property owners, provided it is at least 3 1/2
feet in height. Said adjoining owner shall not be permitted to erect
an additional fence.
(4)
In the event a common fence of at least 3 1/2
feet in height exists and does not enclose the entire side area (i.e.,
the area in front of or along side of a dwelling or structure), the
neighboring resident shall begin any further fencing at a point where
the existing fence ends.
(5)
Any common fence shall have the finished surface on
the exterior side and fence supports shall be erected on the interior
side of the fence.
E.
Fences; industrial area.
(1)
No solid fences shall be permitted unless around junkyards,
salvage yards or other types of activity where aesthetic reasons dictate
same. Any exception shall be at the discretion of the Building Official.
(2)
A chain link fence is permitted to a maximum height
of 10 feet.
(3)
Other open fences are permitted to a maximum height
of eight feet.
(4)
Barbed wire topping is permitted where necessary for
the protection of the community or possible trespassers.
F.
Open fences.
(1)
Open fences may be constructed of ornamental metal,
welded wire fence fabric, chain link, or wood. (See applicable section
of the Manual.)
(2)
Open ornamental iron fences of bar construction are
permitted, provided the solid to open ratio shall be a maximum of
one solid to two open and a minimum of one solid to four open. (See
page 56 of Manual.)
(3)
Open wood picket fences are permissible, provided
the solid open ratio shall be a maximum of one solid to 1/2 open section
and a minimum ratio of one solid to one open section.
(4)
Open post and rail fences shall have a maximum ratio
of one solid to one open and a minimum ratio of one solid to two open
sections. (See applicable section of the Manual.)
G.
Solid fences. Solid fences shall be of wood construction
and of types and styles as shown on page 16 of the Manual. In addition,
stockade and solid picket fences shall be permitted. Fences of other
material such as shown on pages 40 through 61 of the Manual may be
permitted with special approval of the Building Official and Council.
H.
Fences on slopes.
(1)
Fences on sloping ground may have their top surfaces parallel to the ground and shall not exceed the height as set forth in Subsection C of this section.
(2)
Step fence height shall not exceed the maximum as set forth in Subsection C of this section, and no drop in elevation for any run of fence shall exceed two feet from the top of the preceding section or run. (See page 13 of the Manual.)
(3)
In the event a retaining wall exists between neighboring
properties, the height of any fence shall be measured from the ground
level of the property having the higher elevation.
I.
Hedges.
(1)
A fence may consist of hedges or bushes in any area,
provided same are kept well trimmed and do not exceed a reasonable
height with respect to its location and with respect to neighboring
properties.
(2)
Said hedges or bushes shall not extend over a property
line or onto a public right-of-way. Nor shall they block the view
of a public thoroughfare or intersection.
J.
General provisions.
(1)
Fences shall not be constructed of railroad ties,
concrete or cinder block, stone, poured concrete, fiber glass, asbestos
sheets, aluminum or steel sheets or any similar materials without
the express consent of the Building Official or Council. (See pages
54-61 and 81-85 of the Manual.)
(2)
Barbed wire topping on fences is specifically prohibited in all areas except as specified in Subsection E.
(3)
Electrically charged fences are prohibited.
(4)
No fence or hedge shall exist in such a manner as
to obstruct the traveling public's view of a public thoroughfare or
intersection.
(5)
Any fence erected in any area, residential, commercial
or industrial shall have the finished surface on the exterior side
and fence supports shall be erected on the interior side of the fence.
K.
Permit required. A permit from the Building Official
shall be required for all fences, open or solid, four feet or greater
in height.
[Amended 10-9-1991 by Ord. No. 497]
The provisions set forth in this section are adapted to encourage original and imaginative planning of future residential, commercial and industrial developments within the Borough and to preserve or create physical and economic amenities that will be a continuing asset to the community. The Planned Unit Development provision of the chapter shall be administered by the Planning Commission which shall review all applications on the basis of specified standards, conditions, regulations and procedures. The Planning Commission shall make recommendations to the Borough Council which shall conduct public hearings and have final authority to approve, modify or disapprove plans according to the provisions of Article VII of the Pennsylvania Municipalities Planning Code, Act 247.[1] The developer shall obtain approval from the Borough Planning
Commission and Borough Council of an overall plan for the development
of the land and submit a written statement setting forth the reasons
why, in his opinion, a planned unit development would be in the public
interest and would be consistent with community development objectives.
A planned unit development shall meet the following requirements:
A.
The area of land to be developed is not less than
two acres for residential and commercial and six acres for industrial.
B.
The use of the land does not differ from the uses
permitted in the district.
D.
The developer shall submit to the Planning Commission
a preliminary plan prepared by a registered landscape architect, registered
architect, or registered engineer. The overall plan shall show location,
size and topography of site, density (if residential), building coverage,
building types, open spaces, sewage disposal, covenants, easements,
or other restrictions, provisions for parking of vehicles, off-street
loading and location and width of proposed street and public ways,
proposed landscaping and schedule of development.
E.
The planned unit development shall be reviewed by
the Planning Commission for compliance with intent of the Zoning Chapter,
development objectives of the Borough and adherence to subdivision
procedure. The Planning Commission, in its review of an application
for a planned unit project, shall consider the following:
(1)
The protection of surrounding properties, persons
and neighborhood aesthetic and economic values. No planned unit development
shall be considered which shall have a detrimental effect on neighboring
properties.
(2)
The provisions for future public education, recreation,
water supply, sewage disposal, surface drainage and fence control.
(3)
The preservation of existing site amenities such as
trees, streams or historic sites from ruin covered by indiscriminate
grading for site improvements.
F.
Residential planned unit development.
(1)
There shall be no minimum lot size, percentage of
lot coverage or lot width. However, every single-family dwelling shall
have access to a public street, court, walkway to other areas dedicated
to public use. No structure or group of structures shall be erected
within 20 feet of any other structure or group of structures. There
shall be a yard setback of at least 20 feet along the perimeter of
each planned unit development tract and adjacent to all adjoining
roads.
(3)
Open space. A minimum of 20% of the total site shall
be set aside for open-air recreational uses and other usable open
space, but it shall not include usable open space which is available
for use by the general public or by persons who do not reside in a
residence or groups of residences immediately adjacent to it.
(4)
Protection of open space. Open space between structures,
including those spaces being used as public or private recreational
areas, shall be protected by adequate covenants running with the land
or by conveyance or dedication, as the Planning Commission shall specify.
(5)
Defaults. In cases where the Borough will not be accepting
dedication of streets, recreation area or open spaces, the landowner
shall provide for an organization or trust for ownership and maintenance.
In the event of default the Borough may assume control and the resulting
costs may be assessed by municipal lien against the properties that
have right of enjoyment of the spaces and facilities as specified
by applicable state statutes.
G.
Roads and parking areas. The dimensions and construction of roads and parking areas within the development, whether or not dedication to the Borough is contemplated, shall conform with all applicable Borough ordinances and regulations. The parking and off-street loading requirements shall meet standards of § 300-12.
H.
Commercial and industrial planned unit developments. This chapter encourages the development of commercial and industrial projects as planned unit developments. The lot coverage provisions shall be as shown under § 300-8.
(1)
Lot and yard requirements. There shall be a building setback of at least 20 feet along the perimeter of each planned unit development tract and adjacent to all adjoining roads. There are no specific open space requirements. If open space is proposed for dedication, the owner shall adhere to the provisions of Subsection F(4), "Protection of open space." The intent of this article is to encourage, through the joint review of an overall site plan, developments that employ new and constantly changing technology of land development and relate the development to the specific site.
I.
Review and approval procedure of a planned unit development.
Review and approval of residential planned unit projects shall be
according to the provisions of Act 247, as amended.[2] Review and approval of commercial and industrial planned
unit developments shall be similar to that required under Act 247,
as amended, which specifically pertains to residential development.
Substitute words "commercial or industrial" for "residential" where
applicable in the provisions of the Act.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
[1]
Editor's Note: See 53 P.S. § 10701
et seq.
Temporary structures and trailers used in conjunction
with construction work shall be permitted only during the period that
the construction work is in progress. Permits for temporary structures
shall be issued or re-issued for a six-month period.
No sign, billboard, or exterior graphic display
shall be permitted in any district except as herein provided.
A.
In any district a sign not exceeding one square foot
in surface size is permitted which announces the name, address, home
occupation, or professional activity of the occupant of the premises
on which said sign is located.
B.
A bulletin board not exceeding 24 square feet is permitted
in connection with any church, school or similar public structure.
C.
A temporary real estate or construction sign of reasonable
size is permitted on the property being sold, leased or developed.
Such sign shall be removed promptly when it has fulfilled its function.
D.
Business signs shall be permitted in connection with
any legal business or industry when located on the same premises,
and if they meet the following requirements:
(1)
Signs shall not contain information or advertising
for any product not sold on the premises.
(2)
Signs shall not have a combined aggregate surface
size greater than five square feet for each foot of width of the principal
structure on the premises.
(3)
Signs shall not project over public rights-of-way.
(4)
Signs and structures shall not be illuminated in any
manner which causes undue distraction, confusion or hazard to vehicular
traffic, or cast light or glare upon other properties. Signs shall
not be animated, revolving or have flashing lights.
(5)
Any freestanding sign shall not be over 30 feet in
height.
E.
Directional signs of a reasonable size shall be permitted
in connection with any legal business or industry, provided they contain
no information other than instructions for convenience of vehicular
traffic in reaching such business or industry.
Any home occupation such as art studios, dressmaking,
teaching, or the professional office of a physician, dentist, lawyer,
engineer, architect or accountant, shall be permitted as an accessory
use if it complies with the requirements of this section. A home occupation
shall not be interpreted as commercial stables, kennels and restaurants.
A.
The home occupation shall be carried on by a member
of the family residing in the dwelling unit with not more than one
employee who is not part of the family.
B.
The home occupation shall be carried on wholly within
the principal or accessory structures.
C.
Exterior displays or signs other than those permitted under § 300-16, exterior storage of materials, and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
D.
Objectionable noise, vibration, smoke, dust, electrical
disturbance, odors, heat, or glare shall not be produced.
E.
Articles not produced on the premises shall not be
sold on the premises.
A.
In all districts, except for single-family dwellings, the uses shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this chapter, be in accordance with a site plan. The site plan for a planned unit development shall also conform to provisions under § 300-14. The site plan shall first be presented to the Planning Commission for its review and comments. Before commencing site preparation or construction of any structure, the site plan must have the approval of Borough Council. The site plan shall show, as proposed, the location of main and accessory structures on the site and in relation to one another, traffic circulation within the site; the location of vehicular access onto the site; the height and bulk of structures; the provision of automobile parking; the provision of other open space on the site; the landscaping, paving, fencing and walls on the site; and the display of signs.
B.
In approving the site plans, the Borough Council may
act on the site plan submitted to it or may act on its own initiative
in proposing the approving of a site plan. In considering any site
plan, the Planning Commission and Borough Council shall endeavor to
assure safety and convenience of traffic movement both within the
site covered and in relation to access streets, harmonious and beneficial
relationship of structures and uses on the site as well as contiguous
properties. To this end, Borough Council may limit vehicular access
by plan.
[Amended 10-14-1992 by Ord. No. 507]
Manufactured homes shall be permitted if the
following conditions are met:
A.
Manufactured homes shall be permitted only in approved
manufactured home parks.
B.
No manufactured home park shall be permitted unless
it meets the following requirements:
(1)
No manufactured home park shall have an area of less
than two acres.
(2)
Every manufactured home site within the park shall
have an area of not less than 1,800 square feet.
(3)
No manufactured home shall be sited within 40 feet
of any adjacent property.
(4)
Not less than 10% of the gross area of the park shall
be improved for recreational activities of the residents of the park.
(5)
The park shall be appropriately landscaped and screened
from adjacent properties.
[Amended 10-9-1991 by Ord. No. 497]
No use, land or structure in any district shall
involve any element or cause any condition that may be dangerous,
injurious, or noxious, or cause offensive odor, smoke, dust, dirt,
noise, vibration, glare, attract vermin or rodents, or constitute
a nuisance or be detrimental to the health, safety, morals or general
welfare of the community, or to any other persons or property in the
Borough. Furthermore, any use of land or structure in any district
must observe the following performance requirements:
A.
Fire protection. Fire prevention and fighting equipment
acceptable to the Board of Fire Underwriters shall be readily available
when any activity involving the handling or storage of flammable or
explosive materials is carried on.
B.
Electrical disturbance. No activity shall cause electrical
disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. Noise which is determined to be objectionable
because of volume, frequency, or beat shall be muffled or otherwise
controlled, except fire sirens and related apparatus used solely for
public purposes shall be prohibited.
D.
Odors. No malodorous gas or matter shall be permitted
which is discernible on any adjoining lot or property.
E.
Air pollution. No pollution of air by flyash, dust,
smoke, vapors, or other substance shall be permitted which is harmful
to health, animals, vegetation or other property.
F.
Glare. Lighting devices which produce objectionable
direct or reflected glare on adjoining properties or thoroughfares
shall not be permitted.
G.
Erosion. No erosion by wind or water shall be permitted
which will carry objectionable substances onto neighboring properties.
H.
Water pollution. Water pollution shall be subject
to the standards established by the Pennsylvania Department of Environmental
Resources.
[Added 10-9-1974 by Ord. No. 427; amended 2-8-1989 by Ord. No.
487]
A.
Requirements. All utility buildings erected or constructed
in the Borough of Leetsdale shall meet the following requirements:
(1)
Said utility building shall be freestanding and self-supporting,
prefabricated structure, unattached to any walls or section of the
residential dwelling or dwellings. These buildings shall be fabricated
from galvanized or aluminum sheet metal with a finish coat of baked-on
enamel finish. Wood-painted or stained utility buildings are also
acceptable.
(2)
The utility buildings shall be located at a minimum
possible distance away from any and all residential dwellings and
to the rear of the property.
(3)
Said utility buildings shall only be used for storage
purposes.
(4)
Maximum dimensions.
(a)
In an area zoned residential, the maximum exterior
floor dimensions shall be equal to 64 square feet. The vertical height
to the highest point of the structure shall not exceed eight feet
six inches.
(b)
In an area zoned commercial or industrial, the
maximum exterior floor dimensions shall be equal to 120 square feet.
The vertical height to the highest point of the structure shall not
exceed eight feet six inches.
B.
Permit required prior to construction. No utility
building shall be erected until obtaining a building permit from the
Building Official of the Borough of Leetsdale.
