A.
Purposes and organization.
(1)
The purposes served by this chapter's regulations are given in Article I, § 245-4, General purposes of chapter, and are taken from the "Community Development Goals and Objectives" section of the 1997 Emsworth Comprehensive Plan. In order to fulfill these purposes to the fullest extent possible, recognize the differing present-day statuses and goals of Emsworth's various neighborhoods, and eliminate unnecessary constraints on the Borough's landowners, most of this chapter's regulations should not be applied uniformly across the Borough. Instead, they should be applied only to the areas of the Borough where they are appropriate and will clearly fulfill the purposes of this chapter. To this end, § 245-28 of this article divides the Borough into seven "zoning districts," each of which is composed of neighborhoods with similar present-day statuses and goals, and faces a set of regulations that is different than the set faced by every other zoning district. Section 245-29 establishes the "Official Zoning Map of the Borough of Emsworth," which shows the physical location of these districts.
(2)
Each section of this article from § 245-30 to § 245-36 addresses one of these seven zoning districts, providing the regulations that apply to that district; a reference to § 245-37 (which lists the land uses allowed, off-street parking spaces required, and off- street loading berths required in each zoning district); and a reference to § 245-38 (which lists the setbacks, height regulations, and lot requirements of each district). In dealing with some subjects, §§ 245-37 and 245-38 also reference various parts of the rest of this chapter.
B.
Applicability.
(1)
Sections 245-28 and 245-29 of this chapter establish Emsworth's seven zoning districts and, thus, apply to every property in the Borough. However, §§ 245-30 through 245-36 each address only one zoning district. Thus, the only one of these sections that applies to a given property is the section that addresses that property's zoning district.
(2)
Because §§ 245-37 and 245-38 are referred to by each section from §§ 245-30 to 245-36, they apply to all zoning districts, and thus to all properties, within the Borough. However, §§ 245-37 and 245-38 are arranged in a table form, so that only one column within each table applies to any given zoning district and the properties therein.
(3)
Thus, the reader should read § 245-28; § 245-29; the section between §§ 245-30 and 245-36 that applies to the zoning district of the property in which he or she is interested; § 245-37; § 245-38; and any parts of the rest of this chapter that are referenced in Article II and relevant to the reader's concerns.
To properly carry out the purposes of this chapter as listed in Article I, § 245-4, General purposes of chapter, the Borough of Emsworth is hereby divided into seven zoning districts. These districts shall be designated as follows:
|
The Zoning District's Full Name
|
The Zoning District's
Abbreviated Name
|
|---|---|
|
Single-Household Residential District
|
R-1
|
|
Multi-Household Residential District
|
R-2
|
|
Mixed Use Residential District
|
R-3
|
|
Neighborhood Commercial District
|
C-1
|
|
Highway Commercial District
|
C-2
|
|
Light Industrial District
|
LI
|
|
Open Space/Conservation District
|
O/C
|
A.
The Official Zoning Map of the Borough of Emsworth. The locations and boundaries of the districts listed in § 245-28 shall be displayed on the "Official Zoning Map of the Borough of Emsworth." This map shall be certified as the true zoning district map adopted by the Borough of Emsworth by the signature of the Borough Mayor, attested to by the Borough Secretary, and the Seal of the Borough underneath the words "This is to certify that this is the Official Zoning Map referred to in the Emsworth Borough Zoning Ordinance." The Official Zoning Map shall be kept on display at the Borough Building, shall be maintained by the Borough's Zoning Officer, and shall serve as the ultimate authority on the location of zoning district boundaries, overruling all copies made of it. The "Official Zoning Map of the Borough of Emsworth" and all information shown thereon are hereby made a part of this article and this chapter.
B.
The Zoning Map in the Appendix. For informational
purposes only, a copy of the Official Zoning Map has been attached
to this chapter as an Appendix.[1] However, the Official Zoning Map shall prevail in any
dispute between a copy or an alleged copy of the Official Map and
the Official Map itself.
[1]
Editor's Note: The Appendix to this chapter,
which consisted of the signature page and the Borough Zoning Map,
is on file in the Borough offices.
C.
Amending the Official Zoning Map.
(1)
Amendments to the Official Zoning Map of the Borough of Emsworth may be pursued as either a simple amendment to this chapter, a landowner curative amendment, or a municipal curative amendment (see Article VII, § 245-65, Borough Council, for the proper procedures for each of these). Any changes made to the Official Zoning Map by any other means whatsoever shall be considered a violation of this chapter, punishable as provided under Article I, § 245-19, Enforcement; violations and penalties.
(2)
If an amendment is made to the zoning districts, the
Official Zoning Map shall be changed accordingly in a prompt manner.
With these changes, an entry shall be made to an index which states
"The Official Zoning Map of the Emsworth Borough Zoning Ordinance
(Ordinance Number 925), was revised on (date of amendment adoption),
by official action of the Borough Council, when the following changes
were made to the Official Zoning Map." Brief descriptions of these
changes shall be made beneath this statement, and the entire entry
shall be signed by the Mayor and attested to by the Borough Secretary.
A new map shall be printed and signed by President of Council, the
Mayor and attested to by the Secretary.
D.
Rules for interpreting the Official Zoning Map. The
zoning district boundaries established on the Official Zoning Map
of the Borough of Emsworth shall be interpreted according to the following
rules:
(1)
Boundaries indicated as approximately following natural
features or the center lines of streets, highways, or alleys shall
be construed to follow such center lines.
(2)
Boundaries indicated as approximately following the
boundary line of a recorded lot or separate parcel of land shall be
construed as following said line of recorded lot or parcel of land.
(3)
Boundaries indicated as approximately following Borough
boundaries shall be construed to follow said Borough boundaries.
(4)
Boundaries indicated by measured distances on the
zoning map shall be determined by such dimensions. Distances not specifically
indicated on the zoning map shall be determined by the scale of the
map.
A.
District purposes. The "Future Land Use Plan" section
of the 1997 Emsworth Comprehensive Plan develops its goals and objectives
into a recommendation for a "low-density residential" zoning district.
With only a few minor exceptions, this chapter's "Single-Household
Residential," or "R-1," District follows that recommendation. This
district's regulations are designed to:
B.
The R-1 District regulations. Each land use, lot,
and structure in this district shall follow the regulations on the
next page.
(5)
Within this district, no accessory structure shall
contain a dwelling, (i.e., housing another individual or family unit
in apartments above garages).
(6)
Supplies, parts, and/or equipment shall not be stored
overnight outside of a building in this district.
(7)
Vehicles which meet one or more of the following descriptions
shall not be parked, placed, stored, restored, or repaired on any
public street, right-of-way, yard or sidewalk in this district. Such
vehicles may only be parked, placed, stored, restored, or repaired
in a driveway in this district for a period not exceeding three consecutive
days.
(8)
The following vehicle types shall not be permitted
to run continuously overnight, be parked overnight or house individuals
for overnight stays on a public right-of-way in this district:
(9)
Within this district, all residences shall be placed
on or secured by a permanent foundation that is adequate to prevent
the home from overturning under all but the most severe circumstances.
A permanent foundation, at minimum, shall be constructed with cinder
building blocks or similar materials, at least one foot into the ground.
In the case of mobile homes the minimum construction applies, however,
ventilation openings will be allowed in the foundation to prevent
decay of the structure. The ventilation openings will be no larger
than three inches in diameter if uncovered to protect from all but
the smallest materials entering the openings. The ventilation openings
may be the reasonable size of a small window if the opening is permanently
constructed with fence like covering. Where the residence is supported
by a noncontinuous foundation (e.g., posts, pillars), an enclosure
of material and design compatible to the residence shall be installed
to conceal the open space above grade. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the residence's
foundation, but shall not contain open areas large enough to permit
the entry of a ball with a diameter of two inches.
(10)
Within this district, no permitted accessory
use shall occupy more than 40% of the total area of the involved rear
yard.
(11)
Within this district, a building that contains
a dwelling, fire or police station, government building, noncommercial
recreational facility, place of worship and school shall be the only
permitted principal use on its lot.
(12)
Within this district carports are not a permitted
accessory structure.
(13)
Animals such as horses, ponies, cows, sheep, goats, pigs, chickens,
ducks and other similar farm animals so domesticated, as well as exotic
animals such as alligators, pythons, llamas and other similar exotic
animals, shall be prohibited in the R-1 District.
[Added 4-11-2007 by Ord. No. 955]
A.
District purposes. The "Future Land Use Plan" section
of the 1997 Emsworth Comprehensive Plan develops its goals and objectives
into a recommendation for a "medium-density residential" or two-family
residential zoning district. With only a few minor exceptions, this
chapter's "Multi-Household Residential," or "R-2," District follows
that recommendation. Two-household buildings are allowed in this district
as permitted principal uses so that a supply of affordable housing
may be provided within Emsworth, and the district's large, older homes
may be partitioned, remain economically viable, and be properly maintained
by their owners. The remainder of this district's regulations are
designed:
B.
The R-2 District regulations. Each land use, lot,
and structure in this district shall follow the regulations below:
(5)
Within this district, no accessory structure shall
contain a dwelling.
(6)
Supplies, parts, and/or equipment shall not be stored
overnight outside of a building in this district.
(7)
Vehicles which meet one or more of the following descriptions
shall not be parked, placed, stored, restored, or repaired on any
public street, right-of-way, yard or sidewalk in this district. Such
vehicles may only be parked, placed, stored, restored, or repaired
in a driveway in this district for a period not exceeding three consecutive
days.
(8)
The following vehicle types shall not be permitted
to run continuously overnight, be parked overnight or house individuals
for overnight stays on a public right-of-way in this district:
(9)
Within this district, all residences shall be placed
on or secured by a permanent foundation that is adequate to prevent
the home from overturning under all but the most severe circumstances.
A permanent foundation, at minimum, shall be constructed with cinder
building blocks or similar materials, at least one foot into the ground.
In the case of mobile homes the minimum construction applies, however,
ventilation openings will be allowed in the foundation to prevent
decay of the structure. The ventilation openings will be no larger
than three inches in diameter if uncovered to protect from all but
the smallest materials entering the openings. The ventilation openings
may be the reasonable size of a small window if the opening is permanently
constructed with fence like covering. Where the residence is supported
by a noncontinuous foundation (e.g., posts, pillars), an enclosure
of material and design compatible to the residence shall be installed
to conceal the open space above grade. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the residence's
foundation, but shall not contain open areas large enough to permit
the entry of a ball with a diameter of two inches.
(10)
Within this district, a building that contains
a dwelling, fire or police station, government building, noncommercial
recreational facility, place of worship and school shall be the only
permitted principal use on its lot.
(11)
Within this district carports are not a permitted
accessory structure.
(12)
Animals such as horses, ponies, cows, sheep, goats, pigs, chickens,
ducks and other similar farm animals so domesticated, as well as exotic
animals such as alligators, pythons, llamas and other similar exotic
animals, shall be prohibited in the R-2 District.
[Added 4-11-2007 by Ord. No. 955]
A.
District purposes. The "Future Land Use Plan" section
of the 1997 Emsworth Comprehensive Plan develops its goals and objectives
into a recommendation for a "dense residential" zoning district. This
chapter's "Mixed Use Residential," or "R-3," District follows that
recommendation, with one major exception. The plan's recommendation
calls for an exclusively multi-household or dense residential district.
While developing this chapter, the Emsworth Planning Commission determined
that although the involved neighborhoods are, and should remain, predominantly
residential, commercial establishments should nevertheless be allowed
there as special exceptions, subject to conditions that are to insure
their compatibility with homes and apartments. This more accurately
reflects the district's current status and its location adjacent to
Ohio River Boulevard and similar highway commercial areas. The R-3
District's regulations are designed:
(1)
To insure that the district retains its predominantly
multifamily residential composition and flavor;
(2)
To guarantee that the district's commercial establishments
are compatible with this residential flavor;
(3)
To foster a supply of affordable multifamily housing;
(4)
To insure that future development is built to standards
that are appropriate for this district;
(5)
To enhance the unique character of this district,
its structures, and its quality of life; and
(6)
To encourage additional highway or neighborhood commercial
development within the district.
B.
The R-3 District regulations. Each land use, lot,
and structure in this district shall follow the regulations below:
(5)
Within this district, no accessory structure shall
contain a dwelling.
(6)
Supplies, parts, and/or equipment shall not be stored
overnight outside of a building in this district.
(7)
Vehicles which meet one or more of the following descriptions
shall not be parked, placed, stored, restored, or repaired on any
public street, right-of-way, yard or sidewalk in this district. Such
vehicles may only be parked, placed, stored, restored, or repaired
in a driveway in this district for a period not exceeding three consecutive
days.
(8)
The following vehicle types shall not be permitted
to run continuously overnight, be parked overnight or house individuals
for overnight stays on a public right-of-way in this district:
(9)
Within this district, all residences shall be placed
on or secured by a permanent foundation that is adequate to prevent
the home from overturning under all but the most severe circumstances.
A permanent foundation, at minimum, shall be constructed with cinder
building blocks or similar materials, at least one foot into the ground.
In the case of mobile homes the minimum construction applies, however,
ventilation openings will be allowed in the foundation to prevent
decay of the structure. The ventilation openings will be no larger
than three inches in diameter if uncovered to protect from all but
the smallest materials entering the openings. The ventilation openings
may be the reasonable size of a small window if the opening is permanently
constructed with fence like covering. Where the residence is supported
by a noncontinuous foundation (e.g., posts, pillars), an enclosure
of material and design compatible to the residence shall be installed
to conceal the open space above grade. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the residence's
foundation, but shall not contain open areas large enough to permit
the entry of a ball with a diameter of two inches.
(10)
Within this district carports are not a permitted
accessory structure.
(12)
Animals such as horses, ponies, cows, sheep, goats, pigs, chickens,
ducks and other similar farm animals so domesticated, as well as exotic
animals such as alligators, pythons, llamas and other similar exotic
animals, shall be prohibited in the R-3 District.
[Added 4-11-2007 by Ord. No. 955]
A.
District purposes. The Borough's active commercial
areas are neatly divided into two areas, heavy commercial or highway
commercial along Ohio River Boulevard and Camp Horne Road, and a community/neighborhood
commercial area in the middle of the Borough along Center Avenue.
Because of the distinct characters of the two commercial areas the
"Future Land Use Plan" section of the 1997 Emsworth Comprehensive
Plan recommends creating a "neighborhood commercial district" for
Center Avenue that is distinct from the more dense development bordering
Route 65. This chapter's "Neighborhood Commercial District" ("C-1")
follows that recommendation with minor modifications. The C-1 District's
regulations are designed:
(1)
To promote the establishment of neighborhood-oriented
businesses in the district;
(2)
To make sure that these businesses are compatible
with their residential neighbors;
(3)
To allow single-family homes in this district;
(4)
To insure that future development is built to standards
that are appropriate for this district; and
(5)
To enhance the unique character of this district,
its structures, and its quality of life.
B.
The C-1 District regulations. Each land use, lot,
and structure in this district shall follow the regulations below:
(5)
Within this district, no accessory structure shall
contain a dwelling.
(6)
Supplies, parts, and/or equipment shall not be stored
overnight outside of a building in this district.
(7)
Vehicles which meet one or more of the following descriptions
shall not be parked, placed, stored, restored, or repaired on any
public street or right-of-way in this district. Such vehicles may
only be parked, placed, stored, restored, or repaired in a driveway
in this district for a period not exceeding five consecutive days.
(8)
The following vehicle types shall not be permitted
to run continuously overnight, be parked overnight or house individuals
for overnight stays on a public right-of-way in this district:
(9)
Within this district, all residences shall be placed
on or secured by a permanent foundation that is adequate to prevent
the home from overturning under all but the most severe circumstances.
A permanent foundation, at minimum, shall be constructed with cinder
building blocks or similar materials, at least one foot into the ground.
In the case of mobile homes the minimum construction applies, however,
ventilation openings will be allowed in the foundation to prevent
decay of the structure. The ventilation openings will be no larger
than three inches in diameter if uncovered to protect from all but
the smallest materials entering the openings. The ventilation openings
may be the reasonable size of a small window if the opening is permanently
constructed with fence like covering. Where the residence is supported
by a noncontinuous foundation (e.g., posts, pillars), an enclosure
of material and design compatible to the residence shall be installed
to conceal the open space above grade. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the residence's
foundation, but shall not contain open areas large enough to permit
the entry of a ball with a diameter of two inches.
(12)
Animals such as horses, ponies, cows, sheep, goats, pigs, chickens,
ducks and other similar farm animals so domesticated, as well as exotic
animals such as alligators, pythons, llamas and other similar exotic
animals, shall be prohibited in the C-1 District.
[Added 4-11-2007 by Ord. No. 955]
A.
District purposes. The "Future Land Use Plan" section
of the 1997 Emsworth Comprehensive Plan develops its goals and objectives
into a recommendation for a "C-2 Commercial" district zoning. This
chapter follows that recommendation by with minor exceptions by establishing
a "Highway Commercial" ("C-2") District. The C-2 District's regulations
are designed:
(1)
To promote the establishment of highway-oriented and
dense commercial businesses in the district;
(2)
To make sure that these businesses are compatible
with their residential neighbors;
(3)
To allow multifamily homes in this district;
(4)
To insure that future development is built to standards
that are appropriate for this district; and
(5)
To enhance the unique character of this district,
its structures, and its quality of life.
B.
The C-2 District regulations. Each land use, lot,
and structure in this district shall follow the regulations below:
(5)
Vehicles which meet one or more of the following descriptions
shall not be parked, placed, stored, restored, or repaired on any
public street or right-of-way in this district. Such vehicles may
only be parked, placed, stored, restored, or repaired in a yard or
driveway in this district for a period not exceeding five consecutive
days.
(6)
(7)
Within this district, all residences shall be secured
or tied down to a foundation that is adequate to prevent the home
from overturning under all but the most severe circumstances. Where
the residence is supported by a noncontinuous foundation (e.g., posts,
wheels, pillars), an enclosure of material and design compatible to
the residence shall be installed to conceal the open space above grade.
Such enclosure shall provide sufficient ventilation to inhibit decay
and deterioration of the residence's foundation, but shall not contain
open areas large enough to permit the entry of a ball with a diameter
of two inches.
(8)
Within this district, no accessory structure shall
contain a dwelling.
(9)
All portions of a lot in this district which are not
used for buildings shall be attractively landscaped and maintained
in good condition.
(10)
Within this district no ancillary parking will
be permitted to an existing commercial structure, thus negating the
leasing of parking areas that exceed the parking requirements of this
chapter.
(13)
Animals such as horses, ponies, cows, sheep, goats, pigs, chickens,
ducks and other similar farm animals so domesticated, as well as exotic
animals such as alligators, pythons, llamas and other similar exotic
animals, shall be prohibited in the C-2 District.
[Added 4-11-2007 by Ord. No. 955]
A.
District purposes. The "Future Land Use Plan" section
of the 1997 Emsworth Comprehensive Plan develops its goals and objectives
into a proposal for a "light industrial" (LI) district (which is to
replace and expand the former ordinance's "M-1 Manufacturing" district).
This chapter's "Light Industrial," or "LI," District follows the plan's
recommendations for its "Light Industrial" district. This district
permits "Rails-to-Trails" lines and railroad tracks, enabling the
free use of the Borough's railroad assets. The regulations of the
LI District are designed:
(1)
To promote a mix of economically viable commercial
and light industrial uses that are compatible with each other and
the uses of adjacent zoning districts and allow for heavy industrial
uses by special exception only;
(2)
To keep the involved uses from becoming a burden on
the environment, appearance, or socioeconomic character of this district
and its neighbors;
(3)
To foster an automobile-friendly environment; and
(4)
To enhance the character of this district, its structures,
and its quality of life.
B.
The LI District regulations. Each land use, lot, and
structure in this district shall follow the regulations below:
(5)
All portions of a lot in this district which are not
used for buildings shall be attractively landscaped and maintained
in good condition.
(7)
Within this district no ancillary parking will be
permitted to an existing commercial structure, thus negating the leasing
of parking areas that exceed the parking requirements of this chapter.
(9)
A
farm shall contain a minimal tract of three acres.
[Added 4-11-2007 by Ord. No. 955]
(10)
Any stable, barn, storage facilities or any other such structures
related to farming shall not be located less than 100 feet from any
abutting property line or public and/or private road.
[Added 4-11-2007 by Ord. No. 955]
(11)
Any farm used for planting, horticulture, grazing, pasture, or other
related activities shall be fenced in on all boundaries with a fence
of not less than five feet nor more than seven feet and with not less
than three strands.
[Added 4-11-2007 by Ord. No. 955]
(12)
Animals such as horses, ponies, cows, sheep, goats, pigs, chickens,
ducks and other similar farm animals so domesticated, as well as exotic
animals such as alligators, pythons, llamas and other similar exotic
animals, shall be permitted in an LI District.
[Added 4-11-2007 by Ord. No. 955]
A.
District purposes. The "Future Land Use Plan" section
of the 1997 Emsworth Comprehensive Plan develops its goals and objectives
into a concrete recommendation for a "recreation/open space/conservation"
(R/O/C) zoning district. With only a few minor exceptions, this chapter's
"Open Space/Conservation," or "O/C," District follows that recommendation.[1] This district's regulations are designed:
[Amended 7-14-2010 by Ord. No. 975]
(1)
To allow the appropriate development of floodplains
or lands with a slope of 25% or more;
(2)
To protect the community as a whole against the excessive
damage that occurs from erosion and other environmental problems that
result from random development on these sensitive lands;
(3)
To protect lands that are especially valuable to the
community's recreation or conservation needs; and
(4)
To enhance the unique character of this district,
its structures, and its quality of life.
[1]
Note: There are two major instances in which
the chapter's "O/C," or "Open Space/Conservation," District differs
from the plan's recommended "recreation/open space/conservation" district,
neither of which constitutes an inconsistency between this chapter
and the plan. First, the plan does not include the ballfield at Memorial
Drive and Ohio River Boulevard and places it in a recommended "public/semi-public"
district, while the chapter includes this tract in the O/C District.
This change was made because 1) this chapter does not have a "public/semi-public
district" (such a district would complicate this chapter without serving
any real purpose), and 2) preserving the involved public tract is
more in line with the purposes of the O/C District than the purposes
of any other zoning district in this chapter. Second, the plan includes
large areas surrounding Loweries Run Creek and Camp Horne Road in
its R-1 "low-density residential" district, while the chapter includes
these steep-sloped and wooded areas in the O/C District. This change
was made due to the extreme nature of the land in terms of slope,
floodplain regulations and the general constructural regulations.
B.
The O/C District regulations. Each land use, lot,
and structure in this district shall follow the regulations below:
(5)
Vehicles which meet one or more of the following descriptions
shall not be parked, placed, stored, restored, or repaired on any
public street or right-of-way in this district. Such vehicles may
only be parked, placed, stored, restored, or repaired in a yard or
driveway in this district for a period not exceeding five consecutive
days.
(6)
(7)
Within this district, no permitted accessory use shall
occupy more than 30% of the total area of the involved rear yard.
(8)
Within this district, a building that contains any
dwellings shall not be a permitted use on the involved lot.
A.
The purposes, organization, and applicability of this section. The main function of this section is to show five different sets of information: 1) which land uses are allowed in each of Emsworth's zoning districts; 2) how each use is allowed in each district; 3) which sections of the remainder of this chapter (i.e., Articles III through VIII) apply to each use; 4) how many off-street parking spaces each use must provide; and 5) how many off-street loading berths each use must provide. The organization and applicability of this section's parts that deal with the first three of these sets are discussed under Subsection A(1) below. The organization and applicability of this section's parts that deal with the last two of these sets are discussed under Subsection A(2) below. These five sets of information are all shown in this section because they are all organized by land uses and can therefore be displayed on a single multipage table, saving space and making the chapter easier to read. This multipage table is located under Subsection D of this section.
(1)
The organization and applicability of the land use regulations. The main body of regulations in this section is contained in the multipage table of Subsection D. The first eight columns of this table contain the land use regulations of this chapter. Subsection B below explains how to read the information presented in these columns. Because these land use regulations apply to every zoning district within the Borough, they apply to every land use within the Borough as well.
(2)
The organization and applicability of the off-street parking and loading regulations. As was noted above, the main body of regulations in this section is contained in the multipage table of Subsection D. The ninth column of this table (the second from the right) contains this chapter's minimum off-street parking space requirements for each land use. The 10th column (the farthest right) contains this chapter's minimum off-street loading berth requirements for each land use. Subsection C below explains how to read the information presented in each of these columns, and provides some important interpretative rules. These regulations apply to every land use allowed in the Borough. However, the required number of parking spaces and loading berths for many land uses (e.g., signs) is zero.
B.
Land uses: how to read the first eight columns of the table in Subsection D. The first eight columns of the table in Subsection D of this section show which land uses are allowed in each of Emsworth's seven zoning districts; how each use is allowed in each district; and which sections of the remainder of this chapter (i.e., Articles III through VIII) apply to each use. The information in these columns shall be interpreted as shown in this subsection.
(1)
The first (i.e., farthest left) column of the table in Subsection D lists the land uses allowed in the Borough of Emsworth. Each row of the table addresses the land use given in its cell under the first column.
(2)
Each of the second through eighth columns of the table in Subsection D addresses one of the Borough's seven zoning districts, whose abbreviated name is given in its heading. The characters found in these eight columns shall be interpreted as shown in the table below:
|
Character
|
The Character's Meaning
|
|---|---|
|
"p"
|
This means that the land use shown at the far left of the involved row is a permitted principal use in the involved column's zoning district. As such, the use may be set up on a lot in the involved district so that it is neither subordinate nor incidental to another use on the same lot. Unless the table specifically states otherwise, the establishment and existence of a permitted principal use are subject only to the Zoning Officer's grant of a zoning permit and an occupancy permit, both of which are to be given on the basis of whether or not the use, its buildings, and its lot comply with the applicable regulations of this chapter (see § 245-15, Zoning permits, and § 245-16, Occupancy permits).
|
|
"a"
|
This means that the land use shown at the far left of the involved row is a permitted accessory use in the involved column's zoning district. As such, the use may be set up on a lot in the involved district so that it is subordinate and incidental to another use on the same lot. Unless the table specifically states otherwise, the establishment and existence of a permitted accessory use are subject only to the Zoning Officer's grant of a zoning permit and an occupancy permit, both of which are to be given on the basis of whether or not the use, its buildings, and its lot comply with the applicable regulations of this chapter (see § 245-15, Zoning permits, and § 245-16, Occupancy permits).
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"t"
|
This means that the land use shown at the far left of the involved row is a temporary use in the involved column's zoning district. As such, the use may be temporarily set up on a lot in the involved district subject to the requirements and regulations of Article IV, Temporary Uses.
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"s"
|
This means that the land use shown at the far left of the involved row is a special exception use (i.e., a "special exception") in the involved column's zoning district. As such, the use may be set up on a lot in the involved district subject to the approval of the Zoning Hearing Board under the procedures and conditions given in Article III, Special Exceptions and Conditional Uses.
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"c"
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This means that the land use shown at the far left of the involved row is a conditional use in the involved column's zoning district. As such, the use may be set up on a lot in the involved district subject to the approval of the Borough Council under the procedures and conditions given in Article III, Special Exceptions and Conditional Uses.
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"Article 'x' " or "§ 'x' "
|
A reference to a specific article or section
of this chapter that appears below (but in the same cell as) one of
the above five characters means that, in the involved column's zoning
district, the establishment and existence of the land use shown at
the far left of the involved row is subject to the additional restrictions,
conditions, regulations, and/or procedures given in the cited article
or section.
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(3)
For land uses not listed in the table under Subsection D, Borough Council shall determine which zoning districts they shall be allowed in, how they shall be allowed in those districts (i.e., as permitted principal uses, permitted accessory uses, conditional uses, etc.), and which sections of the remainder of the chapter apply to them. The Council may ask the Planning Commission for a recommendation on these matters.
C.
Off-street parking spaces and loading berths: how to read the last two columns of the table in Subsection D. The ninth (or second from the right) column of the table in Subsection D specifies a minimum number of off-street parking spaces that are to be provided by each land use in the Borough (this number may be zero). The last (10th or farthest right) column of the table specifies a minimum number of off-street loading berths that are to be provided by each land use in the Borough (this number may also be zero). Because the number of off-street parking spaces and/or loading berths needed by a land use varies with the type of land use involved and the size of this land use, the table gives these requirements as use-specific formulas that employ size as a variable to tailor the requirements to the particular home, business, or institution at hand. Unless the table notes otherwise, each requirement applies only to the land use given in the first cell of its row. The information in both of these columns shall be interpreted as shown in this subsection.
(1)
Rules for determining the required number of off-street
parking spaces from the ninth column of the table:
(a)
The table's off-street parking requirements address only the quantity of the spaces that are to be provided. The location, size, design, and maintenance of these spaces is controlled by § 245-51, Off-street parking space and loading berth design. Each parking space in the Borough shall follow the requirements of § 245-51.
(b)
Unless the table explicitly states otherwise,
a lot or a business that contains more than one use shall provide
100% of the required off-street parking spaces for each of these uses.
The off-street parking requirement for convenience stores is an example
of an instance in which the table does specifically state otherwise
("1 space per each 200 sq. ft. of enclosed gross floor area + 80%
of the additional parking spaces required by this table for other
land uses on the same premises [e.g., gasoline station]").
(c)
When calculations for a use's required number
of parking spaces result in a fraction of a space, this fraction shall
be rounded up to the next whole number.
(d)
Where the required number of parking spaces
for a use is wholly or partially determined by the number of employees
that use has or will have, this shall be interpreted as the number
of employees that use has or will have on its largest shift.
(e)
On a residential lot containing two dwellings
or less, a driveway may count as the number of eight feet wide by
18 feet long parking spaces that would fit on it.
(f)
Each land use shall provide at least all of the required off-street parking spaces on its own lot unless that use shares parking spaces with other uses who need parking at differing times; employs parking spaces on other lots that are nearby; draws a significant number of clients who walk or ride bicycles; and/or cannot meet these requirements due to existing site constraints. If a use fits one or more of these descriptions, it may be excused from the minimum off-street parking requirements of this section via the procedures and conditions specified by § 245-52, Off-street parking and loading plans.
(g)
When an existing land use or structure is expanded,
additional parking spaces shall be provided as required by the table.
However, no expansion, alteration, subdivision, or combination of
any lot, structure, or land use shall reduce or eliminate any preexisting
off-street parking requirements from this chapter.
(h)
The off-street parking space requirements of
land uses that are not listed in the table shall be determined by
Borough Council, who may ask for a recommendation on the matter from
the Planning Commission.
(2)
Rules for determining the required number of off-street
loading berths from the last (10th) column of the table:
(a)
Uses which have a gross floor area of less than
2,500 square feet are exempt from all off-street loading berth requirements
of this chapter.
(b)
The table's off-street loading requirements address only the quantity of the berths that are to be provided. The location, size, design, and maintenance of these berths are controlled by § 245-51, Off-street parking space and loading berth design. Each loading berth in the Borough shall follow the requirements of § 245-51.
(c)
Unless the table explicitly states otherwise,
a lot or structure that contains more than one use shall provide 100%
of the required loading berths for each of these uses.
(d)
When calculations for a use's required number
of loading berths result in a fraction of a berth, this fraction shall
be rounded up to the next whole number.
(e)
Each land use shall provide at least all of the required off-street loading berths on its own lot unless that use cannot meet this requirement due to existing site constraints. In such a situation, the use may be excused from the minimum off-street loading requirements of this section via the procedures and conditions specified by § 245-52, Off-street parking and loading plans.
(f)
When an existing land use or structure is expanded,
additional loading berths shall be provided as required by the table.
However, no expansion, alteration, subdivision, or combination of
any lot, structure, or land use shall reduce or eliminate any preexisting
off-street loading requirements from this chapter.
(g)
The loading berth requirements of land uses
that are not listed in the table below, and lots or buildings whose
use is not yet known to the level of detail required by the table
below, shall be determined by Borough Council, who may ask for a recommendation
on the matter from the Planning Commission.
D.
The Land Use, Off-Street Parking and Off-Street Loading Requirements Table. All lots, structures, and land uses in the Borough of Emsworth shall follow the requirements of the table on the next page, as explained above.[1]
[1]
Editor's Note: The Land Use, Off-Street Parking and Off-Street Loading Requirements Table is included at the end of this chapter.
A.
The purposes, organization, and applicability of this
section.
(1)
The function of this section is to provide district-specific minimum setback restrictions for structures, maximum setback restrictions for structures, maximum height regulations for structures, minimum area requirements for lots, minimum frontage requirements for lots, and maximum lot coverage requirements for structures. The main body of this section's regulations can be found in the table under Subsection C. The various regulations discussed above form this table's rows, and Emsworth's seven zoning districts form the table's columns. Exceptions to the regulations shown in this table are listed under Subsection B. Note that the exact definitions of the terms and regulations used in this section can be found in Article VIII, Terminology.
B.
Exceptions to the regulations of this section.
(1)
Building and structure projections may exceed the
height limits of their district if they are one of the following items:
(a)
A chimney or smokestack.
(b)
A public or commercial communications tower
that contains public or commercial communications equipment and is
mounted on the ground. However, commercial communications equipment
that rises from the roof of a building shall not be exempted from
the height requirements of its district.
(c)
An integral part of a commercial or industrial
process whose height is necessary in order for the process to work
(e.g., a grain elevator).
(d)
A steeple, cupola, spire, belvedere, turret,
or other similar architectural element that rises from the roof of
a building, but does not include a dwelling.
(2)
Fences, walls, and other screens may ignore this section's setback requirements, but must follow the requirements of § 245-47, Fences, walls and other screens. Likewise, radio and television antennas may ignore this section's setback requirements, but must follow the requirements of § 245-48, Radio and/or television antennas.
C.
The Setback, Height Regulation and Lot Regulations Table. All lots, buildings, and structures, except those noted under Subsection B above, shall follow the regulations in the table:
|
CATEGORY
|
REGULATION
|
R-1
|
R-2
|
R-3
|
C-1
|
C-2
|
LI
|
O/C
|
|---|---|---|---|---|---|---|---|---|
|
Minimum Setbacks:
Noncorner Lots
|
Minimum front setback for noncorner
lots
|
25 ft.
|
25 ft.
|
15 ft.
|
5 ft.
|
5 ft.
|
35 ft.
|
25 ft.
|
|
Minimum side setback for noncorner
lots
|
8 ft.
|
8 ft.
|
5 ft.
|
0 ft.
|
0 ft.
|
10 ft.
|
15 ft.
| |
|
Minimum rear setback for noncorner
lots
|
10 ft.
|
10 ft.
|
5 ft.
|
0 ft.
|
0 ft.
|
0 ft.
|
15 ft.
| |
|
Minimum Setbacks:
Corner Lots
|
Minimum front setback for corner lots
|
25 ft.
|
25 ft.
|
15 ft.
|
10 ft.
|
5 ft.
|
35 ft.
|
25 ft.
|
|
Minimum side street setback for corner
lots
|
15 ft.
|
10 ft.
|
5 ft.
|
5 ft.
|
5 ft.
|
15 ft.
|
15 ft.
| |
|
Minimum non-side street setback for
corner lots
|
8 ft.
|
8 ft.
|
5 ft.
|
0 ft.
|
0 ft.
|
10 ft.
|
15 ft.
| |
|
Minimum rear setback for corner lots
|
10 ft.
|
10 ft.
|
5 ft.
|
5 ft.
|
5 ft.
|
5 ft.
|
15 ft.
| |
|
Maximum Heights
|
Maximum height for permitted principal
uses
|
35 ft.
|
35 ft.
|
35 ft.
|
40 ft.
|
40 ft.
|
40 ft.
|
25 ft.
|
|
Maximum height for permitted accessory
uses
|
20 ft.
|
20 ft.
|
25 ft.
|
35 ft.
|
40 ft.
|
40 ft.
|
35 ft.
| |
|
Lot Areas, Lot Frontage and Lot Coverage
|
Minimum lot area for lots that do not
contain a gas station
|
5,000 sq. ft.
|
5,000 sq. ft.
|
3,000 sq. ft.
|
2,500 sq. ft.
|
2,500 sq. ft.
|
10,000 sq. ft.
|
0.5 acres
|
|
Minimum lot area for lots that contain
a gas station
|
12,500 square feet
| |||||||
|
Minimum lot frontage
|
50 ft.
|
50 ft.
|
50 ft.
|
25 ft.
|
25 ft.
|
50 ft.
|
90 ft.
| |
|
Maximum lot coverage
|
40%
|
50%
|
60%
|
60%
|
80%
|
60%
|
30%
| |
