[Amended 10-15-1984 by Ord. No. 450; 2-16-1987 by Ord. No. 468]
A. For the purpose of this Part 1, the Borough of Fox Chapel is hereby
divided into five classes of districts, which shall be designated
as follows:
A
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Residence Districts
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B
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Residence Districts
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C
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Residence Districts
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D
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Residence Districts
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I-O
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Institutional/Open Space Districts
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B. The Borough of Fox Chapel is hereby also divided into a series of
overlay districts, which are listed below and shown on the Borough
Watershed Map.
(1) Stormwater management districts. These districts are established
according to the boundaries of the watersheds designated by the Pennsylvania
Department of Environmental Protection in accordance with the Pennsylvania
Storm Water Management Act (Act 167 of 1978, as amended) and the watershed
stormwater management plans prepared pursuant thereto:
(a)
Sycamore Run Watershed.
[Amended 3-20-2023 by Ord. No. 723]
(e)
Certain watersheds may be further subdivided into hydrologic
subareas as shown on the Watershed Map. Copies of these maps are available
in the Borough office.
(2) Floodplain management districts. These districts are established
as those areas subject to the one-hundred-year flood as shown in the
federal flood insurance studies. Copies of the studies and maps are
available in the Borough office.
Where any conflict exists between the metes and bounds description
of district boundaries and the boundary lines as depicted on the Zoning
Map of Fox Chapel Borough, the metes and bounds description shall
be controlling. Where there are any omissions or ambiguities in the
metes and bounds description, the Zoning Map of Fox Chapel Borough
shall be controlling. In so interpreting the Zoning Map of Fox Chapel
Borough, the following rules shall apply:
A. Boundaries indicated as approximately following the center lines
of streets or highways shall be construed to follow such center lines;
B. Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines;
C. Boundaries indicated as approximately following Borough limits shall
be construed as following such Borough limits;
D. Boundaries indicated as parallel to or extensions of features indicated in Subsections
A through
C above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the Map.
Where a district boundary line divides a lot held in single
and separate ownership at the effective date of this Part 1, the Zoning
Hearing Board may permit, as a variance, the extension of the regulations
for either portion of the lot not to exceed 50 feet beyond the district
line into the remaining portion of the lot.
[Amended 10-15-1984 by Ord. No. 450; 2-16-1987 by Ord. No. 468; 8-16-2004 by Ord. No. 640]
District regulations shall be as set forth in the Schedule of
District Regulations, which is hereby adopted by reference and declared
to be part of this Part 1, and as set forth in §
400-11 of this Part
1. The regulations set forth for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. Except where otherwise provided in this part, the following rules shall apply:
A. No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered, except
in conformity with all of the regulations herein specified for the
district in which it is located.
B. No building or other structure shall hereafter be erected or altered:
(2) To accommodate or house a greater number of families;
(3) To be closer to a lot line or street line than herein required; or
(4) To be in any other manner contrary to the provisions of this Part
1.
C. No lot existing at the time of passage of Ordinance No. 319 shall
be reduced in dimension, area or setback below the minimum requirements
set forth herein; providing, however, that lots reconfigured pursuant
to a simple lot-line change, including those reconfigured after July
20, 1992, shall be governed by the dimensions and setbacks in effect
when the lots were first created.
D. All territory which may hereafter be annexed to the Borough of Fox
Chapel shall be considered to be in the A Residence District unless
otherwise classified.
E. All uses or lots in all districts shall comply with the requirements and standards for managing stormwater runoff in the stormwater management district in which the use or lot is located, as contained in Code Chapter
380, Subdivision and Land Development; and applicable provisions of the Borough Building Code, Ordinance 422, as amended, Code Chapter
160; and the Natural Resources Assessment and Protection Ordinance of 1983, Ordinance No. 433, as amended, Code Chapter
363, Part
2.
[Added 10-15-1984 by Ord.
No. 450; amended 7-17-1989 by Ord. No. 498; 6-17-1991 by Ord. No. 521; 7-18-1994 by Ord. No. 556; 4-17-1994 by Ord. No. 566; 2-20-1995 by Ord. No. 568; 12-18-1995 by Ord. No. 574; 10-19-1998 by Ord. No. 598; 12-18-2006 by Ord. No. 650; 1-16-2007 by Ord. No. 651; 1-16-2007 by Ord. No. 652; 9-19-2011 by Ord. No. 680]
A. Intended purpose. It is the purpose of the I-O District to recognize
and provide for the special needs of institutional uses, including
educational and outdoor recreational uses. Among other things, this
district is intended:
(1) To preserve the open character of large areas of the Borough which
now are dominated by or are peculiarly suited to institutional, recreational
and open space uses;
(2) To encourage a harmonious pattern of institutional development which
can mutually benefit the Borough and the institutions themselves;
and
(3) To address the possible need to consider alternative future uses
of institutional or open space properties, or portions thereof.
B. Uses and structures. A lot or parcel may be used or a building or
structure or combination of buildings or structures may be erected
and used for any of the following purposes:
(1) Educational institution, including dormitory of an educational institution.
(2) Church or other place of worship.
(3) Religious or philanthropic use, excluding correctional or penal institutions,
or nursing care facility.
(4) Municipal building, library, emergency medical services facility,
fire engine house, parkland, common open space, undisturbed common
open space, undisturbed open space or other property that is owned
by a land stewardship entity and is restricted from development or
disturbance.
(5) 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.
(6) Water storage facilities, amateur radio communications towers, communications towers, and oil and gas operations, but only in each case as a conditional use subject to the standards applicable to any of the foregoing found in §
400-14 hereof. The requirements of this section shall also apply to any of the foregoing uses and structures.
[Amended 7-16-2018 by Ord. No. 706]
(7) Uses customarily accessory and clearly incidental and subordinate
to the uses described above which meet all other applicable requirements
of this chapter. For example:
(a)
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. Examples include holiday sales
in churches and clubs and farm markets open to the public; not included
are continuing, regular sales of goods.
(b)
Job fairs, camp fairs, charitable organization expos, and work
projects which provide opportunities or training related to the exempt
purposes of the primary use.
(c)
Meetings, speeches, performing arts programs, and public forums
on subjects relating to the exempt purposes of the primary use.
(d)
Columbariums and memorial gardens (but not cemeteries) accessory
to a church, which satisfy all applicable legal requirements.
(e)
Preschools, day-care centers and playgrounds accessory to churches
and schools, and schools accessory to churches.
C. General requirements applicable to all uses.
(1) The proposed use shall be served by a public sewer in all instances
where buildings are erected for human occupation or use and where
the lot size is less than four acres or where the use will exceed
20 occupants.
(2) Any proposed use involving buildings or structures shall have direct
access to a road classified by the Borough as an arterial or collector
road.
(3) The proposed use shall not require extensive cut or fill on the building
site. In particular, the benching of hillsides shall not be permitted
under any circumstances.
(4) New construction and/or renovation associated with the proposed use
shall result in buildings that are compatible with those of the surrounding
neighborhood in terms of size, appearance and location, or whose incompatibilities
are ameliorated through the design requirements of this Part 1.
(5) The height of any new building shall not exceed three stories or
40 feet, whichever is less; provided, however, that this limit may
be waived by Borough Council in the case of church steeples, gymnasiums,
water storage facilities and communications towers.
(6) Inflatable enclosures of ground space must meet the requirements of §
400-34C hereof.
D. Areas bulk and design requirements. The applicant shall submit to
the Zoning Officer sufficient documentation to demonstrate compliance
with the following requirements, as applicable:
(1) Educational institution, including dormitory of an educational institution.
(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.
(2) Church or other place of worship.
(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.
(3) Religious or philanthropic use, excluding correctional or penal institutions,
or nursing care facility.
(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.
(4) Municipal building or fire engine house.
(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.
(5) Private golf, tennis, riding or other indoor or outdoor recreation
club.
(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 (Part
2 of this chapter).
(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).
(6) Future use of lands in the I-O District. It is the intent of this
section that provisions be made to ensure appropriate future uses
in the case of the nonuse, abandonment or sale of lands presently
included within the I-O District. In such event, the Borough Council,
in accordance with established statutes and ordinances, shall consider
the suitability of such tract for continued institutional or open
space use or for uses permitted in the residential district deemed
by Borough Council to be most applicable to the land in question and
shall, where deemed appropriate, consider amending the Zoning Map
to accommodate such uses.