Brentwood City Zoning Code
ARTICLE III
District Regulations
§ 210-10 Establishment of Districts.
This section establishes zoning districts and describes the use regulations that apply to each district.
A.
Base zoning districts establish districts that divide the Borough into various residential, commercial, and industrial zones. Each district establishes uses that are permitted as a use by right (R); as a conditional use (CU); or as a special exception (SE). A use permitted as of right is compatible with the other uses within the purpose of the district and therefore requires only administrative approval. Conditional uses and special exceptions are those uses that may generate additional impacts and warrant additional standards and additional approval process to ensure their compatibility and compliance with this chapter.
B.
Overlay zoning districts establish districts within which the standards of both the base and overlay zoning district apply. These districts address special situations that require additional regulations to protect the public health, safety, and general welfare of the community within the specific overlay. The additional regulations identified in each overlay district apply to the area specified for that specific overlay district only.
§ 210-11 Base zoning districts.
The Borough is divided into the following zoning districts and as shown in the Official Zoning Map of the Borough attached hereto and incorporated herein. The following types of zoning districts are hereby established:
R-1 | Low-Density Residential District |
R-2 | Medium-Density Residential District |
R-3 | High-Density Residential District |
P | Park District |
MUN | Mixed-Used Neighborhoods |
CRD | Commercial Redevelopment District |
I | Industrial District |
§ 210-12 Overlay zoning districts.
[Amended 1-25-2016 by Ord. No. 1247]
The following overlay zoning districts have been established for the Borough. The overlay districts are as shown on the Official Zoning Map of the Borough attached hereto and incorporated herein.
AHD | Airport Hazard District Overlay |
SEO | Streetscape Enhancement Overlay District |
§ 210-13 New zoning districts.
Additional zoning districts may be added from time to time upon the recommendation of the planning commission to the Borough Council pursuant to the chapter relating to Zoning amendments.
§ 210-14 Official Zoning Map.
The map(s) delineating the boundaries of the various zoning districts, together with all matters and things shown on such maps, are adopted and approved, and collectively constitute the "Official Zoning Map." The Official Zoning Map is incorporated by reference and made a part of this chapter. These map(s) are on file in the Borough office. The Official Zoning Map carries the zoning district designations established in this chapter.
§ 210-15 Zoning district boundaries.
When definite distances in feet are not shown on the Zoning Map, the following rules apply:
A.
Boundaries indicated as approximately following the right-of-way or centerlines of streets, highways, or alleys shall be construed to follow the centerlines of streets, highways or alleys.
B.
Boundaries indicated as approximately following recorded lot lines shall be construed as following such lot lines;
C.
Boundaries indicated as approximately following Borough limits shall be construed as following the Borough boundary;
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
E.
Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;
F.
Whenever any street, alley, or other public way not subject to zoning regulations is vacated by official action of the Borough the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the center of such vacation, and all areas so involved shall then be subject to all regulations of the extended districts; and
G.
Where physical features existing on the ground vary from those shown on the Official Zoning Maps, or in other circumstances where the zoning boundary is unclear, the Zoning Officer shall interpret the district boundaries. Appeals to such determination shall be made to the Zoning Hearing Board pursuant to this requirement of this chapter.
§ 210-16 Zoning district allowable uses.
A.
No land, structure, building or development approval shall be issued unless the proposed development conforms to the regulations prescribed within the applicable zoning district and this chapter.
B.
Three classifications of principal uses are established in this chapter. No principal use is permitted unless it is listed as a permitted use by right (R), conditional use (CU), or special exception (SE) and identified in the table of authorized principal uses (Table 8).[1] Uses permitted as principal uses or structures within each zoning district are those uses listed in the table of authorized principal uses (Table 8). Uses not specifically listed in Table 8 are allowable subject to the provision of this section and § 210-16C of these regulations. The classification of uses include:
(1)
Permitted uses by right (R) are those authorized uses for which a zoning approval will be issued by the Zoning Officer upon the Zoning Officer's review of the application for development if the application for development indicates compliance with this chapter.
C.
Uses not listed. It is the intent of this chapter to group similar or compatible land uses into specific zoning districts. Uses which are not specifically listed on the Tables of Authorized Uses (Principal and Accessory) shall not be permitted in the Borough unless determined to be a legitimate use, similar to a use specifically listed on the Tables of Authorized Uses (Principal and Accessory). Uses which are not specifically listed but are similar to a specifically listed use shall be permitted by special exception in the same zoning district in which the similar specifically listed use is permitted and the Zoning Hearing Board shall make findings with regard to the similarity of the uses. In the event the Zoning Hearing Board finds the use is similar and permissible as a special exception within the proposed district, all standards and requirements related to the similar use within the district shall be applicable to the proposed use.
D.
Uses preempted by state statute. Notwithstanding any provision of this section to the contrary, uses that are required to be permitted in any zoning district by state statute may be permitted in accordance with state law whether or not the use is included in the Tables of Authorized Uses (Principal and Accessory).
E.
In all residential zoning districts there shall only be one principal use and structure on a lot.
F.
In all nonresidential zoning districts authorized by this chapter, two or more nonresidential principal buildings can occupy the same lot and two or more authorized nonresidential uses may occupy the same lot or building. In the Mixed-Use Neighborhood (MUN) District two or more principal buildings can occupy the same lot and two or more authorized nonresidential and residential uses may occupy the same lot or building, provided in all cases that all applicable requirements for each of the structures or uses can be met on the lot.
G.
In addition to the provisions for principal uses, accessory uses shall also be permitted in accordance with the provisions of this chapter. In all zoning districts, all accessory uses and structures shall be located on the same lot with the principal structure to which they are accessory. Accessory use regulations are set forth in Article III of this chapter.
§ 210-17 Bulk and area regulations for uses.
Bulk and area regulations for uses are specified in the tables in each section for the specific zoning district.
§ 210-18 R-1 - Single-family Residential District.
A.
Purpose. The R-1 Single-Family Residential District is intended primarily as a residential district consisting of single-family homes in areas of the Borough and which promote quality housing stock and strong neighborhoods.
B.
Authorized principal uses: See § 210-26, Table of authorized principal uses (Table 8), for authorized principal uses and method of authorization in the R-1 District.
C.
Authorized accessory uses. See § 210-28, Table of authorized accessory uses and structures (Table 9), for authorized accessory uses and method of authorization in the R-1 District.
D.
Area and bulk regulations: The area and bulk regulations within the R-1 Zoning District shall be subject to the standards identified in Table 1 and Figure 2, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.
E.
Off-street parking and loading. See Article VI for off-street parking and loading requirements.
Table 1 — R-1 Single-Family Residential District | ||
|---|---|---|
Bulk and Area Regulations R-1 Zoning District | ||
Lot area per dwelling unit (minimum) | 7,000 square feet | |
Lot width (minimum) | 60 feet | |
Height (maximum) | 28 feet | |
Front building line (minimum) | 25 feet | |
Side building line (minimum/total) | 5 feet/15 feet | |
Rear building line (minimum) | 25 feet | |
Lot coverage (maximum) | 40% | |
FIGURE 2 – R-1 LOW-DENSITY RESIDENTIAL DISTRICT  |
§ 210-19 R-2 - Medium-Density Residential District.
A.
Purpose. The R-2 Medium-Density Residential District is primarily residential in nature with moderate densities and allows for a variety of single-family attached and detached dwelling types.
B.
Authorized principal uses: See § 210-26, Table of authorized principal uses (Table 8), for authorized principal uses and method of authorization in the R-2 District.
C.
Authorized accessory uses: See § 210-28, Table of authorized accessory uses and structures (Table 9), for authorized accessory uses and method of authorization in the R-2 District.
D.
Area and bulk regulations: The area and bulk regulations within the R-2 Zoning District shall be subject to the standards identified in Table 2 and Figure 3, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.
E.
Off-street parking and loading. See Article VI for off-street parking and loading requirements.
Table 2 — R-2 Medium-Density Residential District Bulk and Area Regulations R-2 Zoning District | |||||||
|---|---|---|---|---|---|---|---|
Use Type | Minimum Lot Area Per Dwelling Unit (square feet) | Minimum Lot Width Per Unit (feet) | Height (Maximum) (feet) | Front Building Line (minimum) (feet) | Side Building Line (minimum)* (feet) | Rear Building Line (minimum) (feet) | Lot Coverage (maximum) |
Single-family | 6,000 | 50 | 28 | 25 | 5/10 total | 25 | 50% |
Duplex | 3,000 | 25 | 28 | 25 | 5/10 total | 25 | 50% |
Conversion dwelling | 3,000 | 25 | 28 | 25 | 5/10 total | 25 | 50% |
Townhouse | 2,500 | 20 | 28 | 25 | 5/10 total | 25 | 50% |
All other | 6,000 | 50 | 28 | 25 | 5/10 total | 25 | 50% |
NOTE: | |
|---|---|
* | No minimum building line required in dwellings that share common walls along the shared wall. |
FIGURE 3 — R-2 MEDIUM-DENSITY RESIDENTIAL DISTRICT  |
§ 210-20 R-3 - High-Density Residential District.
A.
Purpose. The R-3 High-Density Residential District is to promote multifamily residential development throughout the district and higher density single- and two-family residential developments.
B.
Authorized principal uses: See § 210-26, Table of authorized principal uses (Table 8), for authorized principal uses and method of authorization in the R-3 District.
C.
Authorized accessory uses: See § 210-28, Table of authorized accessory uses and structures (Table 9), for authorized accessory uses and method of authorization in the R-3 District.
D.
Area and bulk regulations: The area and bulk regulations within the R-3 Zoning District shall be subject to the standards identified in Table 3 and Figure 4, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.
E.
Off-street parking and loading. See Article VI for off-street parking and loading requirements.
Table 3 — R-3 High-Density Residential District Bulk and Area Regulations R-3 Zoning District | |||||||
|---|---|---|---|---|---|---|---|
Use Type | Minimum Lot Area Per Dwelling Unit (square feet) | Minimum Lot Width Per Unit (feet) | Height (Maximum) (feet) | Front Building Line (minimum) (feet) | Side Building Line (minimum)* (feet) | Rear Building Line (minimum) (feet) | Lot Coverage (maximum) |
Single-family | 5,000 | 50 | 40 | 35 | 5/15 total | 35 | 50% |
Duplex | 2,500 | 25 | 40 | 35 | 5/15 total | 35 | 50% |
Conversion dwelling | 2,500 | 25 | 40 | 35 | 5/15 total | 35 | 50% |
Quadruplex | 2,500 | 75 | 40 | 35 | 5/15 total | 35 | 50% |
Townhouse | 2,500 | 20 | 40 | 35 | 5/15 total | 35 | 50% |
Multifamily | 1,800 | 100 | 40 | 35 | 5/15 total | 35 | 50% |
All other | 5,000 | 50 | 40 | 35 | 5/15 total | 35 | 50% |
NOTE: | |
|---|---|
* | No minimum building line required in dwellings that share common walls along the shared wall. |
FIGURE 4 — R-3 HIGH-DENSITY RESIDENTIAL DISTRICT  |
§ 210-21 MUN - Mixed-Use Neighborhood District.
[Amended 7-25-2022 by Ord. No. 1304]
A.
Purpose. The MUN Mixed-Use Neighborhood District is to provide areas for a mix of residential and neighborhood commercial facilities intended to serve the immediate area with goods and services. The Mixed-Use Neighborhood District is intended to provide convenience opportunities intended to cater to the surrounding neighborhoods and community but is not intended to house facilities which are high impact and which may be more regional in their draw.
B.
Authorized principal uses: See § 210-26, Table of authorized principal uses (Table 8), for authorized principal uses and method of authorization in the MUN District.
C.
Authorized accessory uses: See § 210-28, Table of authorized accessory uses and structures, (Table 9), for authorized accessory uses and method of authorization in the MUN District.
D.
Area and bulk regulations: The area and bulk regulations within the MUN Zoning District shall be subject to the standards identified in Table 4 and Figure 5, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.
E.
Off-street parking and loading. See Article VI for off-street parking and loading requirements.
Table 4 — MUN — Mixed-Use Neighborhood District Bulk and Area Regulations MUN Zoning District | |||||||
|---|---|---|---|---|---|---|---|
Use-Type | Minimum Lot Area Per Dwelling Unit (square feet) | Minimum Lot Width Per Unit (feet) | Height (Maximum) (feet) | Front Building Line (minimum) (feet) | Side Building Line (minimum) (feet)1 | Rear Building Line (minimum) (feet) | Lot Coverage (maximum) |
Single-family | 5,000 | 50 | 40 | 10 from curb line | 5 | 10 | 90% |
Conversion dwelling | 2,500 | 25 | 40 | 10 from curb line | 5 | 10 | 90% |
Duplex | 2,200 | 25 | 40 | 10 from curb line | 5 | 10 | 90% |
Townhouse | 2,200 | 20 | 40 | 10 from curb line | 5 | 10 | 90% |
Quadruplex | 2,500 | 75 | 40 | 10 from curb line | 5 | 10 | 90% |
Multifamily | 1,000 | 100 | Variable2 | 10 from curb line | 5 | 10 | 90% |
All others | 5,000 | 40 | Variable2 | 10 from curb line | 5 | 10 | 90% |
NOTES: | |
|---|---|
1 | No minimum side building line required for buildings that share a common wall along the shared wall. |
2 | A maximum height of 40 feet shall apply to all lots with an area of 0.5 acres or less. A maximum height of 60 feet shall apply lots with an area of greater than 0.5 acres. |
FIGURE 5 — MUN — MIXED-USE NEIGHBORHOOD DISTRICT  |
§ 210-22 CRD - Commercial Redevelopment District.
A.
Purpose. The CRD Commercial District provides diverse commercial development and redevelopment opportunities along the Route 51 transportation corridor. The district is intended to provide opportunities for commercial facilities serving the community and/or larger region. The district has previously been largely developed; however, as development/redevelopment opportunities are presented the CRD District seeks to improve design and provided for orderly development through appropriate design elements, amenities or treatments that create, enhance and reinforce the design relationships between the buildings, sites and the Route 51 corridors. Specific objectives include:
(1)
Uses are designed to ensure compatibility with the operations generated within the district and the character of the perimeter areas and the community in general.
(2)
Development within the district provides for adequate ingress, egress, and circulation of all contemplated vehicular activity both internal to the site and external.
(3)
All development provides for landscaping for the purpose of promoting continuity in character along the Route 51 corridor which is appropriate for harmonious integration with the general vicinity.
B.
Authorized principal uses: See § 210-26, Table of authorized principal uses (Table 8), for authorized principal uses and method of authorization in the CRD District.
C.
Authorized accessory uses: See § 210-28, Table of authorized accessory uses and structures (Table 9), for authorized accessory uses and method of authorization in the CRD District.
D.
Area and bulk regulations: The area and bulk regulations within the CRD Zoning District shall be subject to the standards identified in Table 5 and Figure 6, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.
E.
Off-street parking and loading. See Article VI for off-street parking and loading requirements.
Table 5 — CRD — Commercial Redevelopment District | ||
|---|---|---|
Bulk and Area Regulations CRD Zoning District | ||
Lot size (minimum) | 7,500 square feet | |
Lot width (minimum) | 50 feet | |
Height (maximum) | 40 feet | |
Front building line (minimum) | 10 feet | |
Side building line (minimum) | 10 feet | |
Rear building line (minimum) | 10 feet | |
Lot coverage (maximum) | 80% | |
FIGURE 6 — CRD — COMMERCIAL REDEVELOPMENT DISTRICT  |
§ 210-23 I Industrial District.
A.
Purpose. The I Industrial District is to permit industrial development that will be located to minimize impacts to the surrounding community while providing opportunities for employment. Specific objectives include:
(1)
Allow light manufacturing, industrial-office, and office park uses which are low impact and which are characterized by the absence of objectionable external effects such as noise, odor, vibration, or glare.
(2)
Provide employment centers having accessibility to major roads and to population centers.
(3)
Limit the potential adverse effect of development on abutting properties, the Borough's character, and the Borough's roads by controlling the location and nature of industrial and office development.
(4)
Prohibit the location of residential and retail commercial uses within the I Industrial District.
(5)
Protect abutting properties from adverse visual impacts by providing buffering and landscaping.
B.
Authorized principal uses: See § 210-26, Table of authorized principal uses (Table 8), for authorized principal uses and method of authorization in the I District.
C.
Authorized accessory uses: See § 210-28, Table of authorized accessory uses and structures (Table 9), for authorized accessory uses and method of authorization in the I District.
D.
Area and bulk regulations: The area and bulk regulations within the I Zoning District shall be subject to the standards identified in Table 6 and Figure 7 except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses and uses by special exception.
E.
Off-street parking and loading. See Article VI for off-street parking and loading requirements.
Table 6 — I — Industrial Zoning District | ||
|---|---|---|
Bulk and Area Regulations I Zoning District | ||
Lot size (minimum) | 10,000 square feet | |
Lot width (minimum) | 100 feet | |
Height (maximum) | 40 feet | |
Front building line (minimum) | 50 feet | |
Side building line (minimum) | 20 feet | |
Rear building line (minimum) | 50 feet | |
Lot coverage (maximum) | 85% | |
FIGURE 7 — I — INDUSTRIAL ZONING DISTRICT  |
§ 210-24 P - Park District.
A.
Purpose. The Park District (P) provides for municipal buildings, public facilities and other public uses including parks, libraries and associated uses.
B.
Authorized principal uses: See § 210-26, Table of authorized principal uses (Table 8), for authorized principal uses and method of authorization in the P District.
C.
Authorized accessory uses: See § 210-28, Table of authorized accessory uses and structures (Table 9), for authorized accessory uses and method of authorization in the P District.
D.
Area and bulk regulations: The area and bulk regulations within the P Zoning District shall be subject to the standards identified in Table 7 except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses or uses by special exception.
E.
Off-street parking and loading. See Article VI for off-street parking and loading requirements.
Table 7 — Park — Public District | ||
Bulk and Area Regulations P Zoning District | ||
Lot size | No minimum | |
Lot width | No minimum | |
Height | No maximum | |
Front building line | No minimum | |
Side building line | No minimum | |
Rear building line | No minimum | |
Lot coverage | No maximum | |
§ 210-25 AHD - Airport Hazard District Overlay.
A.
Purpose. The purpose of this section is to create an airport district overlay that considers safety issues around the airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.
B.
Relation to other zone districts. The airport district overlay shall not modify the boundaries of any underlying zoning district. Where identified, the airport district overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
C.
Establishment of airport zones. There are hereby created and established certain zones within the airport district overlay depicted on the Borough Zoning Map and illustrated on the Airport (AGC) Airspace Plan (Drawing 6 of 14 of the AGC Airport Master Plan, as amended). These zones hereby adopted as part of this section, which include:
D.
Permit applications.
(1)
As regulated by Act 164 and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 or current form to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in this section.
(2)
No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
(3)
No notice or review under this section is required for any of the following construction or alteration:
(a)
Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
(b)
Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.
(c)
Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by functional purpose.
(d)
Any construction or alteration for which notice is required by any other FAA regulation.
E.
Variance.
(1)
Any request for a variance shall include documentation in compliance with 14 CFR 77, Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(a)
No objection: The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
(b)
Conditional determination: The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in this section (obstruction marking and lighting).
(c)
Objectionable: The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
(2)
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this section.
F.
Use restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within the airport district overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Airport.
G.
Preexisting nonconforming uses. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, 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.
H.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the process described in this section to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
I.
Height measurement. For the purpose of determining the height limits in all zones set forth in this, the AHD overlay, and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
J.
Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
§ 210-25.1 Streetscape Enhancement Overlay District.
[Added 1-25-2016 by Ord. No. 1247]
A.
Purpose. The purpose of the Streetscape Enhancement Overlay ("SEO") District is as follows:
(1)
Encourage the development of a pedestrian- and transit-oriented corridor that links a variety of elements through streetscape amenities and design treatments.
(2)
Implement long-term planning efforts and strategies for the Route 51 corridor.
(3)
Establish general design guidelines to provide a cohesive character for the corridor.
(4)
Manage the future development of auto-dependent commercial uses so as to reduce traffic conflicts and increase pedestrian safety.
(5)
Create an overall cohesive character for the streetscapes along the Route 51 corridor.
(6)
Promote green construction and maintenance practices so as mitigate the environmental impact of development.
B.
Applicability.
(1)
The requirements of the SEO District are mandatory for the development of properties abutting Pennsylvania State Route 51 that fall within the boundaries of the Commercial Redevelopment District, as set forth on the Official Zoning Map,[1] when either of the following criteria is met:
(a)
Any land development requiring site plan review; or
(b)
Expansion of any building by more than 25% of the gross floor area.
[1]
Editor's Note: The Official Zoning Map is on file in the Borough offices.
(2)
Should the requirements of the SEO District conflict with the provisions of any other section of the Zoning Ordinance, or any other chapter of the Brentwood Borough Code of Ordinances, the more restrictive provisions shall apply. The more restrictive provision is defined as the provision that imposes more stringent controls on land use and development.
C.
Application requirements. A Streetscape Enhancement Overlay Plan that conforms to the regulations of the SEO District must be submitted when a land development application is submitted for any property in the SEO District. The Streetscape Enhancement Overlay Plan shall include the following:
(2)
A project narrative that includes both written and graphical descriptions of how that proposed application promotes development pursuant to the SEO District standards, integrates with the community, and meets the general design guidelines.
(3)
Drawings and photographs of existing conditions, and conceptual sketches or illustrative sketches of proposed enhancements under the SEO District regulations.
D.
Building orientation. All buildings in the SEO District shall provide a prominent and highly visible street-level doorway or entrance along the front or side of the building that faces a public street. The applicant may alternatively propose to face the doorway or entrance toward an access driveway or primary parking area.
E.
General design guidelines.
(1)
Accessory structures.
(a)
Accessory structures shall have architectural features similar to the overall neighborhood character.
(b)
Screening devices surrounding dumpsters, mechanical equipment, and utility boxes shall be architecturally compatible to the buildings located on the site.
(c)
Enclosed dumpster areas shall provide convenient accessibility to both vehicles and pedestrians.
(2)
Benches.
(a)
One bench shall be installed and anchored for every 300 linear feet of street frontage.
(b)
Benches shall be located along the public sidewalk. If such location would constitute a pedestrian safety hazard, the applicant may alternatively propose to locate benches within other pedestrian spaces located on the site.
(c)
Benches shall be dark blue or black in color.
(d)
Benches shall be of a style and material similar to those pictured in Figure 10.[3]
[3]
Editor's Note: Figures 10 through 13 are included as an attachment to this chapter.
(3)
Bicycle lanes and racks.
(a)
One rack shall be installed and anchored for every 40 automobile parking spaces or portion thereof. Each rack shall be capable of providing parking for at least two bicycles.
(b)
Racks shall be located within pedestrian areas and shall be placed near the building entrance.
(c)
Racks shall be sturdily anchored to the ground.
(d)
Racks shall be situated so as not to hinder pedestrian access.
(e)
For sites containing multiple commercial units, at least one rack shall be located within 100 linear feet of the primary entrance to each unit.
(f)
The project design shall also include bicycle lanes as part of the overall traffic circulation plan for the site, where reasonably and technically feasible.
(g)
Racks shall be dark blue or black in color.
(h)
Racks shall be of a style and material similar to those pictured in Figure 11.[4]
[4]
Editor's Note: Figures 10 through 13 are included as an attachment to this chapter.
(4)
Bollards.
(a)
Where necessary, bollards shall be used to prevent vehicles from entering pedestrian areas.
(b)
Bollard placement shall not interfere with emergency vehicle access.
(c)
Bollards that are intended to block vehicular access must be placed no further apart than five feet on center.
(d)
Bollards shall be painted in colors other than gray to be easily seen by the visually impaired, in colors that complement other streetscape elements.
(e)
If bollards are located in an area that can be accessed by a motor vehicle, the method of grounding should be considered to minimize damage to surrounding surfaces and allow for easy replacement.
(5)
Building transparency.
(a)
The street-level facade of any building facing a public street, access drive, or main parking area shall be transparent from a height of three feet to a minimum height of eight feet above the walkway grade for at least 50% of the horizontal length of the structure.
(b)
No more than two elevation views of any one building shall be subject to the minimum transparency requirements.
(c)
All glazing shall be clear, lightly tinted, or spandrel glass.
(d)
Spandrel glass may only be used to achieve the transparency requirement if spandrel and visual glass are not located along the same wall plane.
(7)
Lighting.
(a)
Pedestrian-scaled, ornamental streetlights shall be provided in the right-of-way and shall be located adjacent to the sidewalk.
(b)
Standard placement of pedestrian-scaled, ornamental streetlights shall be one fixture per 100 linear feet of street frontage. The applicant may propose alternate spacing, provided that pedestrian spaces are sufficiently illuminated so as to provide safe movements on the site.
(c)
Pedestrian-scaled, ornamental streetlights shall be at least 12 feet in height but no taller than 25 feet in height from the mounting surface to the top of the fixture.
(d)
Pedestrian-scaled, ornamental streetlights shall be dark blue or black in color.
(e)
Pedestrian-scaled, ornamental streetlights shall be of a style and material similar to those pictured in Figure 12.[5]
[5]
Editor's Note: Figures 10 through 13 are included as an attachment to this chapter.
(8)
Off-street parking.
(a)
Surface parking shall not be located between the structure and the public street. When the physical characteristics of the parcel make it impossible to comply with this requirement, the applicant may propose an alternative for review by the Planning Commission.
(b)
Parking areas must be linked to the structure by a pedestrian walkway.
(c)
If a Borough-owned public parking lot is provided within the SEO District within 600 feet of a parcel, the applicant may be permitted to defer up to 25% of the required off-street spaces to the public parking lot if space is determined available.
(11)
Utilities.
(a)
When possible, utilities should be located underground. If this condition cannot be satisfied, utilities should be located to the side or back of the building where they will be out of view of the public street.
(b)
Utilities must be screened from view through the use of landscaping or architectural screening.
(12)
Vehicular linkages.
(13)
Waste receptacles.
(a)
One receptacle shall be installed and anchored for every 300 linear feet of street frontage. Such receptacles shall be located along the public sidewalk.
(b)
Additional receptacles shall be located near high pedestrian traffic generators, such as transit stops and retail store entrances.
(c)
One receptacle shall be located at each corner of each intersection.
(d)
Receptacles shall be dark blue or black in color.
(e)
Receptacles shall be of a style and material similar to those pictured in Figure 13.[6]
[6]
Editor's Note: Figures 10 through 13 are included as an attachment to this chapter.
F.
Implementation. The SEO improvements shall be implemented and maintained as follows:
(1)
All improvements shall be maintained by the property owner abutting the Route 51 right-of-way.
(2)
Property owners may enter into an agreement with other property owners adjacent to their property for shared maintenance responsibility. In such instances, the applicant shall submit a copy of the maintenance agreement as part of the Streetscape Enhancement Overlay Plan.
(3)
Maintenance responsibilities shall include ongoing sweeping, debris removal, snow removal, landscape maintenance, and repair and replacement of all street enhancement features.
(4)
Any structure and improvement that is damaged, destroyed, or otherwise nonfunctional shall be replaced or repaired within 90 days of receipt of notice from the Borough to replace or repair same.
§ 210-26 Table of Authorized Principal Uses.
[Amended 12-10-2018 by Ord. No. 1269; 8-24-2020 by Ord. No. 1283; 6-15-2020 by Ord. No. 1288]
A.
Table 8 establishes the authorized principal uses and the zoning districts where the principal use is authorized and method of authorization.
[Amended 8-16-2021 by Ord. No. 1297]
R - Permitted use by right |
SE - Use by special exception |
CU - Conditional use |
Where blank, the use is not permitted in the corresponding district. |
Table 8 — Table of Authorized Principal Uses | |||||||
Authorized Use Table | |||||||
Use | R-1 | R-2 | R-3 | P | MUN | CRD | I |
Residential | |||||||
Conversion dwellings | CU | CU | CU | ||||
Duplex | R | R | R | ||||
Group home | R | R | R | R | |||
Manufactured housing, residential design | R | R | R | ||||
Mobile home park | CU | ||||||
Multifamily dwellings | R | CU | |||||
Quadruplex | R | CU | |||||
Single-family | R | R | R | R | |||
Townhouses | R | R | R | ||||
Hotels, Motels, or Other Accommodation | |||||||
Bed-and-Breakfast | CU | CU | CU | CU | |||
Extended stay hotel/motel | SE | ||||||
Hotel, motel | R | ||||||
Rooming and boarding house | SE | ||||||
Short-term lodging accommodation | SE | ||||||
Commercial | |||||||
Adult business | CU | ||||||
After hours club | SE | ||||||
Airport | CU | ||||||
Amusement park | CU | ||||||
Animal cemetery | R | ||||||
Animal day-care | CU | R | |||||
Animal groomer | CU | R | |||||
Arts and craft studio | R | R | |||||
Auditorium | R | ||||||
Automobile repair and service | SE | ||||||
Bakery | R | R | |||||
Beverage distributor | R | ||||||
Book store | R | R | |||||
Car rental | R | ||||||
Car wash | SE | ||||||
Catering | R | ||||||
Cemetery and mausoleums | R | ||||||
Commercial recreation, indoor | R | R | R | R | |||
Commercial recreation, outdoor | R | R | |||||
Communication antenna | CU | CU | CU | ||||
Conference center | R | ||||||
Convenience stores or centers | R | R | |||||
Custom printing | R | R | |||||
Department stores | R | ||||||
Drive-through facilities | CU | CU | |||||
Drug store | R | R | |||||
Financial institution | R | R | |||||
Flea market | R | ||||||
Funeral home | R | R | |||||
Garden center | SE | ||||||
Gas station | CU | ||||||
Golf course | R | ||||||
Hardware store | R | R | |||||
Kennel | CU | R | |||||
Laundromat | R | R | |||||
Lumberyard | R | R | |||||
Manufactured home sales | R | R | |||||
Massage establishment | CU | ||||||
Microbrewery | R | R | |||||
Nightclub | SE | ||||||
Offices, business and professional | R | R | R | ||||
Outdoor advertising sign | CU | ||||||
Pawnshop | R | ||||||
Personal services | R | R | |||||
Post office | R | R | |||||
Recording studio | CU | R | |||||
Restaurant | R | R | |||||
Restaurant, drive-through | CU | ||||||
Retail store | R | R | |||||
Shopping center (3 plus acres) | CU | ||||||
Tattoo parlor | R | ||||||
Tavern or bar | CU | CU | |||||
Tobacco establishment | CU | ||||||
Vehicle sales | CU | ||||||
Veterinarian office | R | R | R | ||||
Warehouse/discount store | R | ||||||
Asphalt/concrete plant | R | ||||||
Industrial | |||||||
Automotive wrecking and graveyards, salvage yards, and junkyards | R | ||||||
Commercial motor vehicle repair | R | ||||||
Construction-related businesses | R | ||||||
Laboratory or specialized industrial facility | R | ||||||
Large area distribution or transit warehouse | R | ||||||
Light industrial structures and facilities | R | ||||||
Manufacturing facility | R | ||||||
Mini-warehouse | R | ||||||
Process plants (metals, chemicals, etc.) | R | ||||||
Recycling business | R | ||||||
Refrigerated warehouse or cold storage | R | ||||||
Research and development | R | ||||||
Tank farms | R | ||||||
Warehouse and storage services (including distribution) | R | ||||||
Public Assembly | |||||||
Clubs and lodges (not including commercial recreation uses) | SE | SE | |||||
Community center | R | R | |||||
Exhibition, convention, or conference structure | R | ||||||
Place of worship | CU | CU | CU | CU | CU | ||
Institutional or Community Facility | |||||||
Animal hospitals | R | R | |||||
Assisted living facility | SE | ||||||
Aquarium/zoo facility | R | ||||||
College or university facility | SE | ||||||
Day-care center | CU | CU | |||||
Dormitories | CU | ||||||
Exhibitions and art galleries | R | R | |||||
Group care facility | CU | ||||||
Hospital building | R | ||||||
Life care or continuing care services | R | ||||||
Medical and dental offices | R | R | |||||
Methadone treatment center | CU | ||||||
Nursing home | CU | ||||||
Public clinic, medical | R | ||||||
Retirement housing facility | R | CU | CU | ||||
School | CU | CU | CU | CU | |||
Skilled nursing facility | R | ||||||
Trade or specialty school | R | ||||||
Government Uses | |||||||
Ambulance facility | CU | CU | CU | ||||
Correctional or rehabilitation facility | CU | ||||||
Emergency operation center | R | R | R | ||||
Fire station | R | R | R | ||||
Library | R | ||||||
Magistrate office | R | R | R | ||||
Municipal building | R | R | |||||
Park | R | R | R | R | R | R | R |
Police station | R | R | R | ||||
Salt storage facility | R | R | |||||
Transportation-Related Facilities | |||||||
Airport control tower | CU | ||||||
Airport maintenance and hangar facility | CU | ||||||
Airport terminal | CU | ||||||
Automobile parking | SE | ||||||
Bus or truck maintenance facility | R | ||||||
Bus terminal | R | ||||||
Courier and messenger services | R | R | |||||
Heliport facility | CU | ||||||
Multistoried parking structure | SE | SE | |||||
Park and ride facility | R | R | |||||
Taxi and limousine service | R | ||||||
Towing and other road services | SE | SE | |||||
Truck or freight transportation services | R | ||||||
Utility, Telecommunications, Energy, Waste | |||||||
Co-location for communication facility | CU | CU | CU | CU | CU | CU | CU |
Essential services | R | R | R | R | R | R | R |
Gas or electric power generation facility | CU | R | |||||
Hazardous waste collection | CU | ||||||
Hazardous waste treatment and disposal | CU | ||||||
Incinerator or similar facility | CU | ||||||
Large solar energy production facility | CU | ||||||
Large wind energy production facility | CU | ||||||
Nontower wireless communications facility | R | R | R | R | R | R | R |
Radio, television, or wireless transmitter | CU | ||||||
Railroad facility | R | ||||||
Sewer treatment plant | R | ||||||
Solid waste transfer station | R | ||||||
Solid waste combustor or incinerator | CU | ||||||
Solid waste landfill facility | CU | ||||||
Strand-based wireless communication facility | CU | CU | CU | CU | CU | CU | CU |
Tower-based wireless communications facility (outside right-of-way) | CU | CU | CU | ||||
Tower-based wireless communications facility (within right-of-way) | CU | CU | CU | CU | CU | CU | CU |
Water supply pump station | CU | CU | CU | CU | CU | CU | CU |
Water-supply-related facility | CU | CU | CU | CU | CU | CU | CU |
Water tank (elevated, at grade, underground) | CU | ||||||
Agriculture, forestry, fishing, and hunting | |||||||
Animal production, including slaughter | CU | ||||||
Farmers market | R | R | |||||
Forestry and logging | R | R | R | R | R | R | R |
Grain silos and other storage structure for grains and agricultural products | R | ||||||
Greenhouses/nurseries | R | ||||||
Hatcheries and poultry houses | R | ||||||
Livestock pens or hog houses | R | ||||||
Stables and other equine-related facilities | R | ||||||
Mining and extraction establishments | |||||||
Coal | CU | ||||||
Metals (iron, copper, etc) | CU | ||||||
Natural gas compressor station | CU | ||||||
Natural gas processing plant | CU | ||||||
Nonmetalic mining | CU | ||||||
Oil or gas well | CU | ||||||
Quarrying and stone cutting | CU | ||||||
§ 210-27 Accessory uses and structures.
§ 210-28 Table of Authorized Accessory Uses and Structures.
[Amended 12-10-2018 by Ord. No. 1269]
A.
Accessory uses shall be permitted in accordance with Table 9:
[Amended 8-16-2021 by Ord. No. 1297]
R - Permitted use by right |
SE - Use by special exception |
CU - Conditional use |
Where blank, the use is not permitted in the corresponding district. |
Table 9 — Table of Authorized Accessory Uses and Structures | |||||||
|---|---|---|---|---|---|---|---|
Authorized Accessory Uses and Structures | |||||||
Use | R-1 | R-2 | R-3 | P | MUN | CRD | I |
Accessory dwelling | R | R | R | R | |||
Basketball hoop | R | R | R | R | R | R | R |
Community food bank | CU | CU | R | R | R | ||
Day-care center (accessory to place of worship or school only) | CU | CU | CU | ||||
Decks, patios or porches | R | R | R | R | R | R | R |
Fire escapes, fire towers, or handicap ramps where required by the building code | R | R | R | R | R | R | R |
Flagpole | R | R | R | R | R | R | R |
Fence | R | R | R | R | R | R | R |
Free library box | R | R | R | R | |||
Garages and carports | R | R | R | R | R | R | R |
Gazebo | R | R | R | R | R | R | R |
Heating and cooling units (permitted in side or rear yards only) | R | R | R | R | R | R | R |
Home occupation business (See also "no-impact home-based business") | CU | CU | CU | CU | |||
Hot tubs and outdoor spas | R | R | R | R | R | R | R |
No-impact home-based business (see also "home occupations") | R | R | R | R | R | R | R |
Nontower wireless communications facility | CU | CU | CU | R | CU | R | R |
Outdoor hydronic heater | CU | CU | CU | CU | |||
Outdoor dining (accessory to permitted use) | R | CU | |||||
Parking areas | R | R | R | R | R | R | R |
Personal wireless communications facility | R | R | R | R | R | R | R |
Satellite dishes | R | R | R | R | R | R | R |
Service machine | R | R | R | ||||
Stables/private | R | ||||||
Signs, subject to Article VII | — | — | — | — | — | — | — |
Small solar energy system | R | R | R | R | R | R | R |
Small wind energy system | CU | CU | CU | CU | CU | CU | CU |
Storage buildings and sheds (including barns) | R | R | R | R | R | R | R |
Stormwater detention or retention facilities or ditches | R | R | R | R | R | R | R |
Swimming pools | R | R | R | R | R | R | R |
Swing and play sets | R | R | R | R | R | R | R |
Tennis courts | R | R | R | R | R | R | R |
Tower-based wireless communications facility | CU | CU | CU | CU | |||
Vending machine | R | R | R | ||||
Any other building or use that the Zoning Officer determines is customarily incidental to the permitted principal use or principal building | CU | CU | CU | CU | CU | CU | CU |
§ 210-29 Dimensional standards for accessory uses and structures.
A.
Accessory uses and structures shall be permitted in accordance with the following standards:
[Amended 8-16-2021 by Ord. No. 1297]
(1)
Except as provided below, no detached accessory structure shall be located in a front yard or a side yard.
(a)
Vending machines and service machines may be placed in a front yard or side yard, but under no circumstances shall a vending machine or service machine be placed within the boundaries of a public right-of-way.
(b)
Free library boxes may be placed in a front yard provided that the leading edge of the structure is set back at least one foot from the edge of the sidewalk, or, if no sidewalk is present, five feet from the edge of the street cartway.
(2)
Accessory structures shall be counted towards the -maximum lot coverage on a lot and in no case shall exceed the maximum lot coverage for the district in which it is located when considering all structures on the lot.
(3)
Except as provided below, the total floor area of residential accessory structures shall not exceed 150 square feet.
(a)
Residential garages shall not exceed a maximum of 600 square feet.
(4)
All permanent accessory structures shall be set back a minimum of five feet from any property line.
(a)
In addition to permanent setbacks for accessory structures, basketball hoops shall be set back a minimum of 10 feet from any right-of-way line, whether permanently affixed or moveable structures.
(5)
Not more than one accessory structure by type shall be permitted on any individual lot.
(6)
Accessory structures shall not exceed 12 feet in height unless otherwise required by building or fire codes, with exceptions for the following structures that customarily exceed 12 feet as follows:
(7)
Accessory uses shall not include the conduct of trade or business unless permitted in conjunction with an authorized principal use that permits trade or business.
(8)
Accessory uses shall be located on the same lot as the principal use for which they serve.