Base zoning districts establishes districts that divide the Borough into various residential, commercial, and industrial zones. Each district establishes uses that are permitted as a use by right (P); as a conditional use (C); or as a special exception (S). 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 these zoning requirements.

Overlay zoning districts establishes 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.

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.

Boundaries indicated as approximately following recorded lot lines shall be construed as following such lot lines;

Boundaries indicated as approximately following Borough limits shall be construed as following the Borough boundary;

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

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

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.

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.

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 (P), conditional use (CU), or special exception (SE) and identified in the table of authorized principal uses (Table 8). 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 § 338-306C of these regulations. The classification of uses include:

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 conditional use in the same zoning district in which the similar specifically listed use is permitted and Borough Council shall make findings with regard to the similarity of the uses. In the event the Borough Council finds the use is similar and permissible as a conditional use within the proposed district, all standards and requirements related to the similar use within the district shall be applicable to the proposed use.

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 or federal statute may be permitted in accordance with state or federal law whether or not the use is included in the Tables of Authorized Uses (Principal and Accessory).

In all residential zoning districts there shall only be one principal use and structure on a lot.

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 (MU) 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.

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 uses regulations are set forth in Article III of this chapter.

Front setback exceptions. Where a principal structure is proposed to be built on a lot which is situated between two lots on which the existing principal structure(s) have maintained a lesser front setback since the enactment of this chapter, then the front setback of the proposed principal structure may be reduced to the front setback of the existing structure closest to the street. The proposed principal structure shall also have a maximum setback the same as the farthest of the existing principal structure(s) on the adjacent lots.

Projections into required setbacks. All structures, whether or not attached to the principal structure and whether open or enclosed including porches, balconies, or other platforms above normal grade level, shall not project into any minimum front, side, or rear setback requirement with the following exceptions:

Height exceptions. Church spires and towers, utility poles, domes not for human occupancy, chimneys, ventilators, skylights, and necessary mechanical or ornamental appurtenances may exceed the maximum height for the zoning district in which they are located. However, the required side yards shall be increased one foot for each five feet over the maximum height requirement for the district in which it is located.

Purpose. The 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.

Authorized principal uses. See § 338-315, Table of of Authorized Uses (Table 8) for authorized principal uses and method of authorization in the district.

Authorized accessory uses. See § 338-317, Table of Authorized Accessory Uses (Table 9) for authorized accessory uses and method of authorization in the district.

Area and bulk regulations. The area and bulk regulations within the zoning district shall be subject to the standards identified in Table 1, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses, or uses by special exception.

Off-street parking and loading. See Article VI for off-street parking and loading requirements.

Purpose. The C Conservancy District is intended to encourage the conservation of steep slope and hillside land within the Borough, while allowing for less intensive uses that don't require significant earth disturbance and that can fit more harmoniously into the surrounding undeveloped areas.

Authorized principal uses. See § 338-315, Table of Authorized Uses (Table 8) for authorized principal uses and method of authorization in the district.

Authorized accessory uses. See § 338-317, Table of Authorized Accessory Uses (Table 9) for authorized accessory uses and method of authorization in the district.

Area and bulk regulations. The area and bulk regulations within the zoning district shall be subject to the standards identified in Table 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.

Off-street parking and loading. See Article VI for off-street parking and loading requirements.

Purpose. The MU 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.

Authorized principal uses. See § 338-315, Table of Authorized Uses (Table 8) for authorized principal uses and method of authorization in the MU district.

Authorized accessory uses. See § 338-317, Table of Authorized Accessory Uses (Table 9) for authorized accessory uses and method of authorization in the MU district.

Area and bulk regulations. The area and bulk regulations within the MU zoning district shall be subject to the standards identified in Table 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.

Off-street parking and loading. See Article VI for off-street parking and loading requirements.

Purpose. The purpose of the Riverfront District is to create a cohesive development pattern by allowing for flexible redevelopment options along the riverfront between Chamber Plaza and the former high school football stadium. This area represents the largest potential for substantial development/redevelopment because of its current mix of under developed, public, commercial and light industrial uses. The district allows for a mix of uses that that focuses on the form of the development. Development in the RD shall be guided by the following principles:

Authorized principal uses. See § 338-315 Table of Authorized Uses for authorized principal uses (Table 8) and method of authorization in the RD District.

Authorized accessory uses. See § 338-317, Table of Authorized Accessory Uses (Table 9) for authorized accessory uses and method of authorization in the RD district.

Area and bulk regulations. The area and bulk regulations within the RD zoning district shall be subject to the standards identified in Table 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.

Prior to the development of any lot or parcel in the RD district an overall Master Plan shall be approved by the Borough Council. The Master Plan will be submitted to the Planning Commission for review and recommendations prior to approval by Council. An approved Master Plan will serve as a Preliminary Land Development Approval as required by the Subdivision and Land Development Ordinance (SALDO).[1] After approval of the Master Plan, individual development parcels will be permitted to proceed directly to final land development approval as required by the SALDO (NOTE: Master planning requirements are waived for existing parcels that are less than two acres at the time of the adoption of this chapter.

Submission of an application for a Master Plan approval shall at a minimum contain the following information:

Streets are intended for use by vehicular and pedestrian traffic and to provide access to lots and open spaces.

Streets shall generally terminate at other streets, forming a network. Internal streets shall connect wherever possible. Culs-de-sac and dead-end streets shall be avoided but may be permissible subject to approval of Borough Council, when it determines at its sole discretion they are necessary to accommodate specific site conditions where no other options exist. If proposing use of a cul-de-sac or dead-end street the applicant shall have the burden of proof to demonstrate compliance with this requirement.

Applicant shall provide for logical street and pedestrian connections to adjacent parcel(s).

Sidewalks along roadways should provide for continuous circulation throughout the district and shall connect to public greenspaces, parks and trails.

The Master Plan shall provide for an interconnected system of public greenspace, parks and trails throughout the district. The Monongahela River should be treated as the focal point of these public spaces providing public access along and to the river front.

Where logical and to the extent possible development shall provide for public greenspace, parks and trails. Easements and maintenance agreements shall be provided for all dedicated greenspace, parks and trails.

The system of public greenspace, parks and trails shall be connected to the sidewalk system along streets to facilitate circulation and access to these amenities throughout the development.

The applicant shall provide for logical continuation and/or connection of the public greenspace, parks and trails to adjacent site(s).

The total number of off-street parking and loading spaces required shall be provided as identified in Article VI, Parking.

Surface parking areas shall be masked from public frontage along a street by a building, vegetative screening, wall or fence. A low wall, fence or hedge shall be installed at the same setback as the principal structure. The intent of this requirement is to create character in the streetscape and provide for a continuous street wall only broken by access points for vehicular or pedestrian access.

Vehicular entrances to parking lots, garages, and parking structures shall be no wider than 24 feet at the frontage.

On-street parallel parking shall be counted in the total number of required parking spaces.

Loading docks and service areas are not permitted along any public street frontages.

The applicant is required to demonstrate that each proposed building or use has adequate area set aside for deliveries suitable for the intended use.

Planting requirement. For every 1,500 square feet of impervious surface, the landscape plan shall contain a minimum of one overstory tree and three shrubs (excluding any street trees). All landscape plans shall include a table that demonstrates compliances with this planting requirement.

A planted green space buffer, a minimum of 10 feet wide, shall be provided along the sides and rear of all lots. This buffer may be reduced at the discretion of the Council Borough in the event similar uses are being planned on adjacent lots.

Each building and/or lot shall provide an adequate area for trash receptacle and/or dumpster. Trash facilities shall be located at the rear of the lot or building and shall be entirely contained within a screened enclosure. Enclosures shall match the character of the buildings and general character of the district.

Purpose. The CBD Central Business District provides diverse commercial development and redevelopment opportunities along McKean and Fallowfield Avenues between Fourth and Seventh Streets. The district is intended to provide concentrated 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 CBD District seeks to improve design and provide for orderly development through appropriate design elements, amenities or treatments that create, enhance and reinforce the design relationships between the buildings and sites. The CBD is intended to be the core business district which serves more intensive business uses and create a critical mass of business activities where patrons of the district will have access to a variety of uses. The CBD is also intended to provide housing opportunities by allowing residential uses above first floor commercial uses.

Authorized principal uses. See § 338-315 Table of Authorized Uses (Table 8) for authorized principal uses and method of authorization in the CBD district.

Authorized accessory uses. See § 338-317 Table of Authorized Accessory Uses (Table 9) for authorized accessory uses and method of authorization in the CBD district.

Area and bulk regulations. The area and bulk regulations within the CBD zoning district shall be subject to the standards identified in Table 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.

Off-street parking and loading. See Article VI for off-street parking and loading requirements.

Purpose. The IND - Industrial District is to permit high impact developments that will be located to minimize their impacts to the community as a whole, while providing opportunities for employment and the location of uses that are not appropriate in close proximity to other uses. Specific objectives include:

Authorized Principal Uses. See § 338-315, Table of Authorized Uses (Table 8) for authorized principal uses and method of authorization in the IND district.

Authorized accessory uses. See § 338-317, Table of Authorized Accessory Uses (Table 9) for authorized accessory uses and method of authorization in the IND district.

Area and bulk regulations. The area and bulk regulations within the IND zoning district shall be subject to the standards identified in Table 6, except as they may be modified by the express standards and criteria for the specific permitted uses, conditional uses and uses by special exception.

Off-street parking and loading. See Article VI for off-street parking and loading requirements.

Purpose. The purpose of the C-1 Commercial District is to provide areas that allow for additional nonresidential and commercial uses that are more auto dependent and that typically do not fit into the CBD or other nonresidential districts because of the nature and impact of the businesses.

Authorized principal uses. See § 338-315, Table of Authorized Uses (Table 8) for authorized principal uses and method of authorization in the C-1 District.

Authorized accessory uses. See § 338-317, Table of Authorized Accessory Uses (Table 9) for authorized accessory uses and method of authorization in C-1 District.

Area and bulk regulations. The area and bulk regulations within the C-1 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.

Off-street parking and loading. See Article VI for off-street parking and loading requirements.

Applicability. This section applies to any subordinate use of a building or other structure, or use of land that is:

Establishment of accessory uses.

Accessory uses and structures shall be permitted in accordance with the following standards: