Altoona City Zoning Code
ARTICLE I
GENERAL PROVISIONS
§ 800-1 Purpose.
A.
This chapter is adopted by the virtue of the authority contained in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247 (53 P.S. § 10101 et seq.). The zoning regulations and zones set forth in this chapter are made in accordance with the Comprehensive Plan for the City of Altoona for the general welfare of the municipality and are intended to achieve, among others, the following purpose.
B.
Regulating both existing and proposed land uses, thereby:
(1)
Encouraging the most appropriate use of land;
(2)
Preventing the overcrowding of land;
(3)
Stabilizing and conserving the value of land and buildings;
(4)
Facilitating development of good quality;
(5)
Spurring reinvestment in the existing building stock;
(6)
Lessening the congestion of traffic on the roads;
(7)
Avoiding undue congestion of population;
(8)
Providing for adequate light and air;
(9)
Securing safety from fire, flood, and other dangers;
(10)
Facilitating the adequate provision for transportation, water supply, sewage disposal, drainage, schools, parks, and other public facilities;
(11)
Giving reasonable consideration, among other things, to the character of zones and their peculiar suitability for particular uses;
(12)
Maintain and strengthen the City's neighborhoods;
(13)
Ensure predictability and consistency in the land development process for neighborhood, business and development interests;
(14)
Giving effect to the policies and proposals of the Comprehensive Plan, as amended and as approved by the Altoona City Planning Commission and adopted by the Council of the City of Altoona; and
(15)
Fostering housing choice and affirmatively furthering fair housing. This will be done by abiding by the provisions of the Fair Housing Act of 1968 (as amended), promoting fair housing choice for all residents in the City of Altoona, assuring the rights of all individuals that are identified as members of a protected class by the Federal Government, and prevention of discrimination in housing based on a person's race, color, national origin, religion, sex, familial status or handicap.
C.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare.
§ 800-2 Statement of community objectives.
A.
This chapter implements, with general consistency, the community goals and objectives as described in the City Comprehensive Plan, as amended.
§ 800-3 General rules.
A.
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated.
B.
Words used in the present tense include words in the future tense.
C.
The singular number includes the plural.
D.
The word "include" and its various grammatical forms shall not limit the term to the specific listing or example given but is intended to extend its meaning to all other instances of like kind and character.
E.
The words "shall," "will" and "must" are mandatory.
F.
The words "may," "could" and "should" are permissive.
G.
The words "used" and "occupied" include the concepts of "intended," "designed," "maintained" or "arranged" to be used or occupied.
§ 800-4 Conflict with other provisions.
A.
Urban redevelopment plans and proposals, as enabled by the Urban Redevelopment Law Act of 1945, always supersede the provisions and regulations of this chapter.
B.
This chapter is not intended to interfere with, abrogate or annul applicable state or federal laws or other rules, regulations or ordinances, provided that, where a provision of this chapter conflicts with a provision of another, the stricter of the two shall apply.
§ 800-5 Conflict with floodplain regulation.
A.
All structures and plans for structures within the City's floodplain, or any subsequent revisions thereof, are subject to the floodplain regulations contained in Chapter 362. Furthermore, all structures and plans for structures within the City's floodplain, as defined by any relevant federal and state legislation, shall be subject to the floodplain regulations imposed by that legislation. Where any such ordinance or law imposes stricter regulations than the relevant parts of this chapter do, those parts of this chapter shall be null and void. Furthermore, where the provisions of any such ordinance or law contradict the provisions of this chapter, the stricter of the two shall apply. In both instances, the parts of this chapter that are not relevant to the provisions of the other law or ordinance shall remain in effect.
§ 800-6 Application of regulations during local emergencies.
A.
The Altoona City Manager may temporarily waive some of the regulations of this chapter during a declared local emergency. Any structure suitable for a housing facility in the case of emergency, necessity or disaster may be used for temporary housing or shelter in order to alleviate undue hardship that may be incurred by the above conditions, and such use of temporary housing shall not exceed a period of more than 90 days from the date of same. If for any of the above reasons the City Manager finds that the 90-day period is not sufficient, then the emergency regulations may be extended for an additional 90-day period.
B.
During the period of enforcement of this regulation, all other regulations regarding limitations to the use of premises for residential reuse are suspended until the termination of the emergency provided for herein.
§ 800-7 Classification of parcels that consist of several uses.
A.
For the purposes of this chapter, parcels that consist of several land uses shall be classified by the land use that this chapter regulates the most strictly.
§ 800-8 Zoning districts established.
A.
For the purpose of this chapter, the City is hereby divided into zoning districts, which shall be designated as follows:
(1)
Residential Districts.
RN-A | Residential Neighborhood A |
RN-B | Residential Neighborhood B |
RN-C | Residential Neighborhood C |
RN-D | Residential Neighborhood D |
(2)
Mixed-use Districts.
MX-N | Mixed-use Neighborhood |
MX-C | Mixed-use Center |
(3)
Commercial District.
C-C | Corridor Commercial |
(4)
Campus district.
UC-C | University-College Campus |
(5)
Industrial districts.
I-F | Industrial Flex |
I-G | Industrial General |
§ 800-9 Zoning Map.
A.
The boundaries of the districts shall be shown upon the map attached to and made part of this chapter, which shall be designated "City of Altoona Zoning Map."[1] The said map and the entire notation, references, and other data shown thereon are hereby incorporated by reference into this section as if all were fully described herein.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Boundaries between districts.
(1)
Where practical, district boundary lines shall follow street, alley, or public rights-of-way, center lines, railroad rights-of-way, streams, and projected extensions or offsets thereof as they exist on plats of record at the time of the passage of this chapter. Whenever any street, alley, or other public right-of-way is vacated, the one adjoining each side of such street, alley, or public right-of-way shall be automatically extended to the center of such vacation.
C.
Interpretation of boundaries.
(1)
When a district boundary line divides a lot held in single and separate ownership, each portion of the lot shall be controlled by the requirements of the district in which it is located. Where boundaries follow a physical feature, but an exact description is absent, the physical feature shall be deemed to be included entirely within the more restrictive district.
§ 800-10 District rules.
A.
Height.
(1)
Height regulations shall not apply to spires, belfries, cupolas, penthouses, or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, silos, and similar features, such as necessary mechanical appurtenances, usually carried above roof level.
B.
Area.
(1)
Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such parcel is located on or before September 8, 2025, when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that all other regulations prescribed for the zone by this chapter are complied with.
C.
Coverage.
(1)
Maximum coverage of a lot shall be 75%, unless a more restrictive requirement is listed for the district in which the property is located.
D.
Width.
(1)
All lots shall have a minimum width of 25 feet, unless a more restrictive requirement is listed for the district in which the property is located.
E.
Frontage.
(1)
All lots shall have a minimum of 25 feet of frontage on an improved street, unless a more restrictive requirement is listed for the district in which the property is located.
F.
Reduction of lot dimensions.
(1)
The area, width, or depth of any lot shall not be reduced by subdivision, sale, or development so that the lot width, lot area, lot area per dwelling unit, yards, or other open spaces are smaller, or so that the coverage is greater than prescribed herein.
G.
Accessory structures.
(1)
An accessory structure and/or swimming pool shall not be erected nor shall its dimensions be increased in front of the main structure.
(2)
An accessory structure, patio and/or swimming pool may be erected within the rear yard or side yard, provided that the height, area, width, coverage, and setback requirements are met.
H.
Permitted setback encroachments.
(1)
Cornices, eaves, gutters, bay windows, or chimneys may encroach into the required setback of a lot not more than 24 inches. However, no cornices, eaves, gutters, bay windows, or chimneys may be closer than one foot from any side lot line.
(2)
A covered carport or covered patio or porch open on three sides may be erected within one of the side yards or rear yard when attached to a main structure existing at the effective date of this chapter, provided the covered carport or covered patio or porch open on three sides shall be not less than 3 1/2 feet from the side or rear lot line and shall never be enclosed.
(3)
A wheelchair ramp or lift may be installed within setbacks if it is approved by the Zoning Administrator using the following conditions: the structure has no other available means of ADA access, the incursion into the setback is as small as possible, and the owner agrees to remove the ramp or lift when it is no longer needed and the City requests the removal. As always, the Zoning Hearing Board may attach additional conditions.
§ 800-11 Annexation.
A.
Where land area has become a part of the City by annexation, the same shall automatically be classed as being in the RNA until such classification shall have been changed by an amendment to the title as provided herein. The process for such amendment shall begin within 60 days of the annexation.
§ 800-12 Floodplain areas.
A.
Where land area possessing any of the zoning districts has been identified as part of a floodplain by the Federal Emergency Management Agency (FEMA) and is indicated as such on the Flood Insurance Rate Maps, then Chapter 362 shall govern the floodplain area. However, the provisions and requirements of this chapter shall remain in full force and effect to the extent that they are more restrictive than the Floodplain Regulations.
§ 800-13 Obstruction to vision.
A.
Walls, fences, signs, or other structures shall not be erected or altered and hedges, trees, or other growth shall not be planted or maintained which may cause danger to traffic on a street or road by obstructing the view or which may cause a hindrance or danger to pedestrian traffic.