[Ord. No. 745, 1/13/2026]
The purpose of this Part is to create a Public Safety Overlay Zone that considers safety issues around access to the Borough Building, with special considerations that the Police Department operates from the building and is fronted directly on a public street. The West Homestead Borough Police Department needs to regulate and restrict certain activities within a perimeter of the entrances of the building to maintain the security and safety of the Police Department and the general public.
[Ord. No. 745, 1/13/2026]
The Public Safety Overlay Zone shall not modify the boundaries of any underlying zoning district. Where identified, the Public Safety Overlay Zone shall impose certain additional requirements above and beyond the existing requirements on land use and construction in addition to those contained in the underlying zoning district. If a conflict between the underlying zoning district and the overlay district exists, the requirements of the overlay district will prevail.
[Ord. No. 745, 1/13/2026]
The following words and phrases, when used in this Part, shall have the meaning given to them in this section unless the context clearly indicates otherwise:
AUTHORIZED PERSONNEL
Anyone who is authorized by the West Homestead Borough Police Department to be on property, including but not limited to Employees of the Borough of West Homestead.
BUILDING TENANT
Direct employees of the owner or building tenant of a building.
DEPARTMENT
See Police Department.
GENERAL PUBLIC
Anyone not a member of the West Homestead Borough Police Department, a building Tenant, or an Authorized Personnel.
OFFICIAL BUSINESS
Any operations conducted by officials or employees of the West Homestead Police Department or West Homestead Borough.
POLICE DEPARTMENT
The West Homestead Police Department.
USE
Use classification of the Borough of West Homestead.
[Ord. No. 745, 1/13/2026]
1. 
There are hereby created and established certain zones within this Part, defined in and depicted on Figure 1[1] and all hereby adopted as part of this Part, which include:
A. 
Transitional Access Zone. Shall consist of a zone extending from the Restricted Access Zone 400 feet in diameter centered the eastern most corner of the West Homestead Borough Building.
B. 
Restricted Access Zone. Shall consist of a zone 140 feet in diameter centered at the eastern most corner of the West Homestead Borough Building.
[1]
Editor's Note: See "Public Safety Overlay Zone," included as an attachment to this chapter.
[Ord. No. 745, 1/13/2026]
1. 
Any person who plans to erect a new structure, add to an existing structure, or occupy a structure, in the vicinity of the West Homestead Police Department shall first notify the Borough by submitting a zoning use application to the Borough who will forward said application through the Zoning Officer to the West Homestead Police Department for review and comment at least 30 days prior to occupancy.
2. 
Conditional Determination. The West Homestead Police Department shall issue a determination within 30 days of receipt of application, identifying any further access restrictions to the portions of the structures abutting the unnamed alley at the rear of the Borough Building and/or Shady Lane, than those outlined below to use as proposed.
[Ord. No. 745, 1/13/2026]
1. 
Transitional Access Zone. No use or activity shall be performed in this zone that would require the general public to traverse this zone through the unnamed alley at the rear of the West Homestead Borough Building. Access to properties by owners/tenants of any property with property adjoining the opened section of Shady Lane or unnamed alley will be maintained on public streets by owners/tenants in this zone.
2. 
Restricted Access Zone. No new use or activity shall be performed within this perimeter that allows for the access of the building for the general public directly into this zone. Accesses to and from the subject building by the building tenant would be permitted. Emergency egress from structures into this zone would be permitted. Incidental periodic deliveries (less than once daily) would also be permitted. No loitering of the general public or building tenants is permitted in this zone.
[Ord. No. 745, 1/13/2026]
The regulations prescribed by this Part shall not be construed to require the removal, or other change or alteration of any structure or use not conforming to the regulations as of the effective date of this Part, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be altered or permitted to grow, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
[Ord. No. 745, 1/13/2026]
All appeals from actions taken pursuant to this Part shall be the same as those set forth in § 27-1611.