Braddock Hills City Zoning Code
PART 3
GENERAL REGULATIONS
§ 27-301 Nonconforming Uses.
[Ord. 2-1991, 7/12/1991]
1.
The following provisions shall apply to all nonconforming uses:
A.
A zoning certificate must be obtained by the owner of any nonconforming use or structure as evidence that the use or structure lawfully existed prior to the adoption of the provisions which made the use or structure nonconforming. The zoning certificate shall specify the provision of this Chapter which makes the use or structure nonconforming.
B.
A nonconforming use may be continued; however, it shall not be extended, expanded, or changed unless to a conforming use, except when permitted as a special exception by the Zoning Hearing Board in accordance with the following:
(1)
The new use will more closely correspond to the uses permitted in the district.
(2)
The changed use will be in keeping with the character of the neighborhood in which it is located.
(3)
In the event that a nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of two years, or is abandoned for any period, such nonconforming use shall not be resumed.
§ 27-302 Nonconforming Structures.
[Ord. 2-1991, 7/12/1991]
1.
A nonconforming structure used or occupied by a permitted use may be enlarged or expanded when permitted as a variance by the Zoning hearing Board if the expansion, considered independently of the original structure, complies with the off-street parking of this Chapter and such expansion otherwise conforms to all requirements of this Chapter.
A.
Any nonconforming structure or a structure housing a nonconforming use damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before when permitted as a special exception by the Zoning Hearing Board if such reconstruction is performed within 20 months of such casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.
B.
Where a nonconforming use is conducted inside a structure, the floor area of the structure and the nonconforming use within it may be enlarged to an extent not greater than 50% of the floor area existing at the time of adoption of this Chapter, when permitted as a special exception by the Zoning Hearing Board in accordance with the following:
(1)
There shall be no increase in noncompliance, if any, with lot and yard requirements.
(3)
When any nonconforming use or structure located in a floodplain is expanded, reconstructed or otherwise modified to an extent amounting to 50% or less of its market value, it shall be floodproofed and elevated to the greatest extent practicable.
§ 27-303 Nonconforming Lots of Record.
[Ord. 2-1991, 7/12/1991]
Any nonconforming lot of record existing on the effective date of this Chapter and then held in separate ownership different from the ownership of adjoining lots shall be exempt from the minimum lot area, depth and width requirements provided they are used in accordance with minimum yard requirements, and that uses other than a one-family house conform to minimum lot area per family and floor area ratio requirements of this Chapter.
§ 27-304 Special Exceptions.
[Ord. 2-1991, 7/12/1991]
§ 27-305 Accessory Uses and Structures.
[Ord. 2-1991, 7/12/1991]
1.
The following provisions shall apply to accessory uses and structures:
A.
A zoning occupancy permit shall be required for every accessory use or structure.
B.
Temporary structures and trailers used in conjunction with construction work may be permitted only during the period that the construction work is in progress. Permits for other temporary structures may be issued for six-month periods, but such permits shall not be renewed except as a special exception when approved by the Board.
C.
Outside storage areas in commercial districts, provided that such storage areas shall be buffered by fencing, planting or topography so as to obviate adverse effect on neighboring property.
D.
The pursuit of vocational or avocational interests by a resident shall be deemed an accessory use to a dwelling, provided:
(1)
Such activity is clearly subordinate to the dwelling, does not occupy more than 25% of the floor area of one floor, does not entail internal or external alterations or construction features not customary in dwellings, and there be no external evidence of any nonresidential activity.
(2)
In connection with which there is no person employed, no display or sign other than a name plate, no mechanical equipment used other than normal domestic or household equipment, no facilities which are dangerous or incompatible with the residential environment, and no selling of a commodity on the premises.
(3)
In connection with a home office, not more than one assistant is employed and no colleagues or associates use such office.
(4)
Reasonable safeguards are established against detrimental emission of smoke, fumes, odors, dust, noise, vibration, glaring light, or visual blight or pollution of any kind.
§ 27-306 Site Plan Review.
[Ord. 2-1991, 7/12/1991; as amended by Ord. 5-1998, 8/12/1998]
1.
No zoning permit or zoning occupancy permit shall be issued for any use upon any lot except a one-family home until a site development plan has been submitted, reviewed and approved in accordance with the following provisions; provided, however, that existing structures where the occupancy is being changed without any change in use category or new construction or addition to structures and without change in the site are exempt from this requirement.
A.
The application for approval of a proposed site development plan shall be submitted in the office of the Zoning Officer and shall be accompanied by a fee established by resolution of Council to cover the cost of review. The Zoning Officer shall set a reasonable time schedule to be followed prior to the presentation of the application to the Council.
B.
The application shall consist of not less than seven copies of the letter of application together with not less than seven prints of each drawing submitted as part of the proposed site development plan. The proposed site development plan shall be drawn in accordance with standard architectural and engineering practices and shall bear the seal of a registered engineer, architect, landscape architect or surveyor to clearly indicate the following:
(1)
Property lines and total acreage of parcel proposed for development.
(2)
All existing streets, rights-of-way, and easements related to the development.
(3)
The location of existing driveways or adjacent properties.
(4)
The location of relevant natural features including, but not limited to, streams or other natural water courses and adjacent lands which are subject to flooding, and significant stands of existing trees.
(5)
The location of existing structures, including structures located on abutting property if within 50 feet of the common property line.
(6)
Required front, side and rear yard lines, and any required building line.
(7)
Contour lines at five-foot intervals where average slope is less than 25% and twenty-foot intervals where average slope exceeds 25%.
(8)
Location, dimensions, total square footage and ground floor elevations of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls, fire hydrants and fire lanes and other site improvements or amenities.
(9)
Contours and sufficient elevations to show proposed gradings and data to show gradient of access drives, parking facilities and surface water run-off.
(10)
Location and appropriate size of utilities to serve the development.
(11)
Schematic elevations at an appropriate architectural scale.
(12)
Surface water run-off controls.
(13)
Title block giving name of development, property owner, developer, north point, date and scale (minimum, one inch equals 50 feet.)
C.
Where any excavation or grading is proposed, a plan meeting the requirements of the Pennsylvania Department of Environmental Resources and the Braddock Hills Grading Ordinance [Chapter 9] to implement and maintain erosion and sedimentation control.
D.
Action shall be taken by the Council, either approving or disapproving, within 60 days from the date of the regular Council meeting at which the site plan first appears as an official agenda item. A site plan shall not be placed before Council as an official agenda item unless and until the site plan meets all the applicable requirements of § 27-306 of this Section as determined by the Borough Engineer. Failure of the Council to so act shall be considered approval of the plan as submitted. Council may attach such conditions as they deem appropriate to approval. Approval may be conditioned upon the grant of a variance or of a special exception by the Zoning Hearing Board where such variance or special exception is required, but such conditional approval by Council shall not be binding on the Zoning Hearing Board, and the conditional approval shall be canceled if the requested variance or special exception is denied by the Board.
(1)
Site plan approval shall not be official until and unless the site plan as approved by Council and including all conditions of approval by Council is filed with the Zoning Officer within 90 days of action by Council.
(2)
Site plan approval shall be valid for a period of two years following Council action. If the proposed improvements are not under construction within two years or completed within three years, Council approval shall be void.
E.
Council shall not approve a site development plan unless the following standards are met:
(1)
Screening. A planted visual barrier, or landscape screen shall be provided and maintained on any property in a commercial or industrial district which is contiguous to any residential district, except where a street or alley or other physical barrier exists which is deemed by the planning agency to provide an adequate buffer.
(2)
Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover or covered with stone or gravel and shall be landscaped with trees and shrubs in accordance with an overall landscape plan.
(3)
Interior Circulation. The interior circulation of traffic in commercial areas shall be designed so that no driveway or access lane providing parking spaces shall be used as a through street.
(4)
Access. Areas provided for loading and unloading of delivery trucks and any other vehicles, and for the servicing of shops by refuse collection, fuel and other service vehicles, shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of public streets or sidewalks, other accessways or automobile parking facilities.
(5)
Traffic Control. No design shall be approved which is likely to create substantial pedestrian or vehicular traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, turning lanes, traffic and lane markings, walkways, and signs. The developer shall be responsible for the construction of any such traffic control devices.
(6)
Stormwater Management. Adequate stormwater retention facilities shall be provided to ensure that stormwater run-off after development shall not be greater than the run-off which would occur from the site in its natural state during a storm with a 100-year flood probability, or to assure compliance with the Allegheny County Stormwater Management Plan, whichever requirement is greater.
§ 27-307 Signs.
[Ord. 2-1991, 7/12/1991]
1.
No sign shall be permitted in any district except as an accessory use as herein provided:
A.
Permit. No sign, except a nameplate or temporary real estate sign as specified herein, shall hereafter be erected or altered in any way unless a sign permit has been issued by the Zoning Officer. Applications for sign permits shall include detailed drawings of the construction and design of the sign, and shall be accompanied by such fee as may be required by resolution of Council. Such sign permit shall not obviate compliance with building permit requirements as required by the Braddock Hills Building Code [Chapter 5].
B.
Conformance. No new sign shall be permitted on any property unless every sign on the property shall be in conformance with this Section. A sign which is not expressly permitted is prohibited.
C.
Animation. No sign shall move, flash or emit noise.
D.
Traffic Hazard. No sign shall be constructed, located or illuminated in any manner which causes undue glare, distraction, confusion, nuisance or hazard to traffic or other properties or which obstructs free and clear vision of traffic flow.
E.
Nameplate Sign. One nameplate sign not exceeding 1 1/2 square feet in surface area and not internally illuminated is permitted which announces the name, address or professional activity of the occupant of the premises or the name of the building.
F.
Multi-Family Nameplate Sign. One nameplate sign for a multi-family structure not exceeding 12 square feet in surface area is permitted which identifies the name of the structure for a multiple-family dwelling, sanitarium, or tourist home. For any multiple-family dwelling over four stories in height a nameplate sign which is permanently attached to a wall of the structure and identifies only the name of the development is permitted, but the surface area shall not exceed one-third (33 1/3%) of the total area of the exposed wall surface on one story of the side of the structure to which the sign is affixed, and in no case shall the sign exceed 225 square feet.
G.
Bulletin Board. One bulletin board, not illuminated except by indirect light and not exceeding 30 square feet in surface area is permitted in connection with any church, school, country club or similar public structure.
H.
Temporary Sign. A temporary sign not exceeding 32 square feet in area may be permitted by the Zoning Officer for a period of two weeks or less provided the sign is safely installed and is consistent with the area where it is to be located.
I.
Temporary Real Estate Sign.
(1)
One temporary real estate sign is permitted on any property being sold, leased or developed if it is not illuminated, not less than 10 feet from the curb, and is no larger in surface area than 16 square feet in any residential district, or 25 square feet in any commercial or industrial district.
(2)
Such sign shall be limited to advertising the sale or lease of the premises on which it is located, or to providing pertinent information regarding the developers, builders, contractors, architects, engineers and other agents responsible for the development. Such sign shall be promptly removed when the sale, lease or development of the property has been completed.
J.
Business Signs. Signs on the premises occupied by any legal business or industry shall be permitted if:
(1)
No sign shall contain any information or advertising for any product not sold on the premises.
(2)
Business signs shall have an aggregate surface area including all faces not greater than two square feet for each foot of width of the zoning lot measured along the right-of-way, and no sign shall in any case exceed an area of 225 square feet.
(3)
No sign shall project over any public sidewalk or right-of-way.
(4)
A sign located on a roof shall not extend more than 15 feet above the roof level and shall not be so placed as to interfere with openings in the roof or to prevent free access from one part of the roof to any other part.
(5)
Any sign attached permanently against a wall shall be not less than eight feet above the sidewalk or ground if it is not illuminated and not less than 12 feet if illuminated. Any such sign shall not project above the wall to which it is attached, shall not cover in part on in whole any wall opening, and shall not protrude more than 12 inches from the wall to which it is attached.
K.
Additional Business Sign. The Planning Commission may authorize additional business signs if:
(1)
The business fronts on more than one thoroughfare.
(2)
More than one business is located in one structure. In such instance, the combined total surface area of the business signs shall not exceed two square feet for each foot of the rights-of-way, and no sign shall in any case exceed an area of 225 square feet.
(3)
The maximum permitted sign area may be divided between a maximum of two signs provided such signs are no less than 100 feet apart.
L.
Logo Sign. In addition to a business sign, one single or double-faced, free-standing sign may be erected on a site occupied by any legal business or industry which has a lot area greater than 1/2 acre.
(1)
The sign displays nothing other than the logo type, trademark, or name of the company or commercial center on the premises.
(2)
The sign has a height no greater than 24 feet above basic grade and is no closer than 10 feet to any property line.
(3)
The sign shall have an aggregate area including all faces no greater than one square foot for every linear foot of property frontage on a public right-of-way; but shall not in any case exceed an area of 225 square feet. The maximum permitted sign area may be divided between a maximum of two logo signs; provided, such signs are not less than 100 feet apart.
(4)
Where a property fronts on more than one public right-of-way, a logo sign or signs may be installed on each right-of-way.
§ 27-308 Off-Street Parking.
[Ord. 2-1991, 7/12/1991]
1.
In every district off-street parking spaces shall be provided in accordance with the specifications in this Section whenever any new use is established, or existing use is enlarged.
Use | Parking Spaces Required |
|---|---|
One-family dwelling | 2 for each dwelling unit |
Duplex, townhouse | 2 for each dwelling unit |
Apartments | 1 1/2 for each dwelling unit |
Dormitory, group housing | 1 for every 3 beds |
Elderly housing | 1 for every 2 units |
Church, theatre, school | 1 for every 5 seats in the largest meeting room |
Tennis or squash courts | 2 for every court |
Retail stores and shops, offices | 1 for every 250 square feet of gross floor area |
Funeral home | 6 for each reposing room: 20 minimum |
Restaurants | 1 for every 150 square feet of gross floor area |
Business services | 1 for every 300 square feet of gross floor area |
Bowling alley | 4 for each alley |
Hospitals | 1 for every 800 square feet of gross floor area |
Hotels, motels | 1 for every rental unit |
Vehicle sales or repair | 1 for every 600 square feet of gross floor area |
Gas stations | 1 for every 250 square feet of gross floor area, 5 minimum |
Manufacturing plants, warehouses | 1 for every 4,000 square feet of gross houses floor area, at a minimum |
2.
Alternate Parking. Council may require or approve alternate design standards for off-street parking in response to unusual conditions such as dead car storage, attendant parking, indoor parking, interaction between different abutting uses in the same zoning district.