Bell Acres City Zoning Code
ARTICLE III
Dimensional Requirements
§ 165-32 Property applied to one set of dimensional requirements.
A.
The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter.
B.
No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
§ 165-33 Minimum lot size; computing lot size.
§ 165-34 Exceptions.
A.
The provisions of this article III shall not prevent the construction of a single-family dwelling in a residential district on any lot that was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, provided that:
(1)
Such a lot was lawful when recorded.
(2)
Those lots not served by a public water supply shall meet all requirements of the Department of Environmental Resources (DER). Those lots not served by a public sewer shall meet the requirements of the DER as specified by the Allegheny County Health Department.
B.
This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter, in any case where a reparceling or replatting could create one or more lots which would conform to the chapter.
§ 165-35 Minimum lot width.
§ 165-36 Sight triangles at intersections.
In all districts, no structure, fence, planting or other obstruction shall be maintained between ground level and a plane 10 feet above curb level. This shall be maintained in order to provide traffic visibility across the corner within that part of the required front or aide yard which is within a triangle bounded by the two street lines and a straight line drawn between points on each such line 75 feet from the intersection of said lines or extension thereof. When one or both streets which form the intersection are classified as collector streets or arterial streets, the sight triangle bounded by the two street lines and a straight line drawn between points on such line shall be 100 feet or 125 feet, respectively, from the intersection of said lines or extension thereof.
§ 165-37 Minimum front yard depths.
Where a minimum depth of front yards is specified in §§ 165-25 through 165-31 an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure, except as may be permitted hereafter. As provided in § 165-5C, street lines are considered to be established by future rights-of-way when so designated. The purpose of this provision is to avoid interference with future road widenings and improvements.
§ 165-38 Average of existing front yard depths provides exceptions.
If the alignment of existing buildings on either side of a lot, within a distance of 50 feet of the proposed building and fronting on the same side of the same street in the same block, is nearer to the street than the required front yard depth, the average of such existing alignment within that distance shall be the required front yard.
§ 165-39 Projections into front yards.
Projections shall not occur in front yards.
§ 165-40 Terraces, steps and porches in front yards.
[Amended 11-11-2002 by Ord. No. 226; 8-9-2010 by Ord. No. 260; 6-14-2021 by Ord. No. 306]
The provisions of § 165-39 shall not apply to terraces, steps, uncovered porches or features less than three feet above the level of the floor of the ground story.
§ 165-41 Accessory buildings and structures in front yards.
[Amended 2-9-2004 by Ord. No. 238; 8-9-2010 by Ord. No. 260]
A.
Accessory buildings and structures shall not be permitted within the required minimum front yards for principal buildings. Also, accessory buildings and structures shall not extend in front of the principal building except as hereafter allowed. If the principal building is set back more than double the distance required for the minimum front yard setback, an accessory building may be located in front of the principal building, subject to obtaining a conditional use approval from the Borough Council.
B.
Driveway gates and gateway posts are permitted in front yards so long as the posts are set back a minimum of 30 feet from the edge of the cartway or road curb. Additionally, driveway posts and gates shall be designed to provide a minimum of clear unobstructed opening of no less than 168 inches. An accessory use building permit shall be obtained from the Code Enforcement Officer prior to the installation of driveway gates or gateway posts.
§ 165-42 Use of required side yards.
§ 165-43 Projections into side yards.
Bays, balconies, chimney flues and fire escapes may project into a required side yard not more than 1/3 of the width of the projection, but no more than four feet in any case. Ground-story bays and porches not over half the length of the side wall may project into any required side yard 3 1/2 feet. In neither instance may the projection be within 3 1/2 feet of the lot line of side yards.
§ 165-44 Terraces, steps and porches in side yards.
[Amended 6-14-2021 by Ord. No. 306]
The provisions of § 165-43 shall not apply to terraces, steps, uncovered porches or other similar features less than three feet above the floor of the ground story.
§ 165-45 Accessory buildings and structures in side yards.
[Amended 12-11-2006 by Ord. No. 247; 8-9-2010 by Ord. No. 260]
Completely detached accessory buildings and structures shall not be permitted within the required minimum side yards.
§ 165-46 Building in rear yards.
§ 165-47 Projections into rear yards.
[Amended 11-11-2002 by Ord. No. 226; 6-14-2021 by Ord. No. 306]
Such projections into side yards as permitted by § 165-43 may also be permitted into rear yards, up to the same number of feet, but in no case within five feet of an accessory building. The provisions of this section shall not apply to terraces, steps, uncovered porches, uncovered decks, or similar features less than three feet above the floor of the ground story.
§ 165-48 Accessory buildings and structures in rear yards.
Subject to the provisions of § 165-46, completely detached accessory buildings and structures may occupy a required rear yard but shall not be located closer than 15 feet to any rear lot line.
§ 165-49 Residential use dimensional requirements.
Residential use requirements shall be as provided in the Table of Residential Use Requirements found at the end of this chapter.
§ 165-50 Nonresidential use dimensional requirements.
Nonresidential use requirements shall be as provided in the Table of Nonresidential Use Requirements found at the end of this chapter.
§ 165-51 Exceptions to building heights.
When authorized as a variance in accordance with the provisions of § 165-200, structures such as television and radio towers, monuments, tanks, water and fire towers, ornamental towers and spires, chimneys, silos, elevator bulkheads, conveyers and flagpoles may exceed the height regulation herein prescribed, provided that the required front, side and rear yards are each increased by one foot for each foot of additional height above 35 feet and that the height of such structures will not constitute a hazard. The Allegheny County Airport Zoning Committee must be consulted and a permit secured.
§ 165-52 Nonresidential use front yard setback and buffer requirements.
Nonresidential use front yard setback and buffer requirements shall be as provided in the Table of Nonresidential Use Front Yard Setback and Buffer Requirements found at the end of this chapter.
§ 165-52.1 Fences.
[Added 6-14-2021 by Ord. No. 306]
A.
Permit required. A zoning permit must be obtained prior to the installation of any fence or wall. A plot plan or survey showing the design, location and height of the fence or wall must be submitted with the zoning permit application.
B.
The following general standards apply to fences and walls:
(1)
Wooden fences shall be constructed with the finished side facing towards the lot lines and away from the property owner.
(2)
Any fence or wall, if painted, shall be painted the same color on both sides.
(3)
Fences with in-ground poles or posts shall be constructed with the poles or posts facing towards the property owner and away from the lot lines.
(4)
No structure shall be constructed with such material, or painted in such a bright color, so that it creates a reflection or glare, or otherwise constitutes a nuisance or hazard to passing motorists.
(5)
Razor wire, razor ribbon fencing, or sharp spikes on top of wrought iron or similar type of fencing shall not be permitted in the Borough. Barbed wire along the top of fences in industrial use properties shall be permitted in the M-3 Industrial Zoning District or to prevent access to a security or safety hazard such as, but not limited to, sewage treatment plants, pump stations, water storage towers, or communication towers, no matter the zoning district in which these uses might be located.
(6)
Electrical fences shall not be permitted in the Borough, except for agricultural uses to contain livestock, provided that 1) any such fence shall be posted with appropriate warning signs, 2) installation shall be in accordance with manufacturer's specifications, and 3) the enclosure shall be designed and maintained so there is no risk of shock, fire, injury, or other hazard to person or property.
(7)
Fences and walls shall not be constructed or located in a manner that interferes with stormwater drainage patterns.
(8)
No fence, post, column, freestanding wall, or portion thereof, shall be constructed in a way so as to obstruct sight distance at driveways, private or public roads, or other travel ways, or to interfere with the required clear sight triangle at street intersections.
(9)
Hedges, trees, rows of trees, shrubbery and bushes, which in the judgment of the Borough Zoning Officer interfere with sight lines, public safety and/or restrict access to public utilities, are not permitted within the right-of-way of any public road, street or lane.
(10)
Nothing herein shall be interpreted to prohibit fences consisting of underground electrical wiring commonly referred to as silent or Invisible fences for the control of pets.
(11)
Temporary fencing:
(a)
Temporary fencing used for approved construction or other earth disturbance activities may not remain in place for a period longer than 60 calendar days. No permit is required for temporary fencing that will be removed before the expiration of 60 calendar days. Temporary fencing may remain in place longer than 60 calendar days only upon approval of a temporary fencing permit. A temporary fencing permit will be approved, at the discretion of the Borough Zoning Officer, for good cause, such as containment of a construction area or other hazard, for a period of no longer than 60 additional calendar days, or the duration of the construction or other activities, whichever is shorter. An extension may be granted, at the discretion of the Borough Zoning Officer, not to exceed 180 total calendar days.
(b)
Temporary fencing in place longer than 60 calendar days, without an approved temporary fencing permit, or left in place following the expiration of any granted extension, will be considered permanent and will require zoning approval and permitting.
(c)
Temporary fencing used for protection of vegetation from animal brows may be used without a permit, provided that the fencing is: 1) freestanding and does not penetrate the ground or is otherwise secured with permanent footers; 2) under four feet in height; 3) made of see-through mesh or wire material; and 4) fully enclosed.
(12)
Fencing used for erosion control purposes during construction must be removed after the function of the fence is no longer needed, as determined by the Borough Zoning Officer.
C.
The following height and setback requirements shall apply to fences and walls.
(1)
Fences and walls in residential use properties, or in non-residential-use properties that are not commercial or industrial in nature, shall not exceed four feet in height above finished grade within the front yard of the zoning district in which the fence or wall is to be located, unless otherwise stated in this chapter.
(2)
Fences and walls in residential use properties, or in non-residential-use properties that are not commercial or industrial in nature, shall not exceed eight feet in height above finished grade within the side yard and rear yard of the zoning district in which the fence or wall is to be located, unless otherwise stated in this chapter.
(3)
Fences and walls in residential use properties, or in non-residential-use properties that are not commercial or industrial in nature, may be erected in front of the principal structure to a total height not to exceed eight feet above finished grade when the principal structure is located beyond the required front yard line for the zoning district in which the fence or wall is to be located. (Refer to § 165-6, Area and bulk regulations terms illustrated.)
(4)
Fences and walls not to exceed 10 feet in height above finished grade shall be permitted in commercial and industrial use properties, unless otherwise stated in this Chapter.
(5)
A fence not to exceed 10 feet in height above finished grade shall be permitted to enclose a public or private tennis court, basketball or other sports court, provided the fence is not more than 60% solid. Such fencing must be located behind the front wall of the principal structure and beyond the required side yard line and the required rear yard line of the zoning district in which the fence or wall is to be located. (Refer to § 165-6, Area and bulk regulations terms illustrated.)
(6)
A fence not to exceed 10 feet in height above finished grade shall be permitted to enclose a school, playground or park.
(7)
When a residential use property, or a non-residential-use property that is not commercial or industrial in nature, shares a common side or rear property line with a commercial or industrial use property, a privacy fence constructed of a material approved by the Borough Zoning Officer not to exceed 10 feet in height above finished grade shall be permitted. Chain link fence with vinyl slats shall not be allowed as a privacy fence.
(8)
If not subject to setbacks listed elsewhere in this chapter, all fencing must be set back at least 12 inches from all property lines that abut a sidewalk.