Cheswick City Zoning Code
ARTICLE III
Schedule of District Regulations
§ 158-8 Enumeration of districts.
The Borough of Cheswick is hereby divided into the following zoning districts:
R-1 | Residential |
R-2 | Residential |
R-3 | Residential |
C-1 | Community Business District |
C-2 | General Commercial |
I-1 | Industrial |
CD | Conservation District |
SD | Special Development |
§ 158-9 Official Zoning Map; boundary determinations.
A.
The boundaries of the various zoning districts are hereby established on the map entitled "Official Zoning Map," on file in the office(s) of the Zoning Officer and the Borough Secretary. This map, with all explanatory matter thereon, is hereby made a part of this chapter. The Official Zoning Map shall be dated and shall carry the signature of the Borough Secretary certifying that it is the true map adopted by the Council, and the map shall be sealed with the Official Borough Seal. All amendments shall be identified on the map and similarly certified.
B.
The boundaries between districts are, unless otherwise indicated, either the center line of streets or such lines extended or parallel lines thereto or property lines or other physical boundaries and delineations. Where streets, property lines or other physical boundaries and delineations are not applicable, boundaries shall be determined by scale shown on the Official Zoning Map.
C.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not specifically covered above, the Zoning Hearing Board shall interpret the district boundaries.
D.
In the event that a street, alley or other way shown on the Zoning District Map is vacated, the property formerly in said street right-of-way shall be included within the zoning district of the adjoining property on either side of said vacated street or way. Where said street forms a zoning district boundary, the new district boundary shall be the new property line created by the former center line of said vacated street.
§ 158-10 District regulations.
District regulations governing the uses and area and dimensional standards for each zoning district shall be as set forth in the schedule of district regulations which follows.
§ 158-11 Lot and yard regulations and exceptions.
A.
Lot area. Any lot, together with the required yards and open areas on it, shall be equal to or exceed the minimum lot area established for the zoning district in which it is located.
B.
Required lot area.
(1)
Any portion of a lot once designated as a yard or as lot area per dwelling unit in compliance with the lot area requirements of this chapter shall not be counted again as a required yard or lot area per dwelling unit for another lot or building, nor shall it be sold as a separate lot.
(2)
Any portion of a lot which is recorded or otherwise reserved for future streets shall not be used as a factor in determining lot area per dwelling unit or yard dimensions.
C.
Lots with on-lot sewage. Where an on-lot sewage disposal system is to be used, the minimum lot size shall not be less than required by percolation tests, and in no case shall it be less than 1/2 acre.
D.
Building or nonconforming lots of record. Any nonconforming lot of record, as defined by this chapter, may be used for the erection of a structure conforming to the use of the district in which it is located and the applicable provisions of Article VII of this chapter.
E.
Front yards on corner lots. Lots which abut on more than one street shall provide the required front yards along every street.
F.
Front yard exception. Where a structure is proposed to be built on a lot which is situated between two lots on which the existing principal structures have maintained a lesser front yard setback since the enactment of this chapter, then the front setback of the structure may be reduced to the average of the front yards of the two abutting structures.
G.
Projections into required yards. All structures, whether attached to the principal structure or not, 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 yard with the following exceptions:
(1)
A buttress, chimney, corner, pier or pilaster which does not project more than 18 inches from the wall of a building may project into a required yard.
(2)
Balconies or other aboveground platforms and access steps to a structure may extend not more than three feet into a required yard, provided that such structures are no more than six feet in width.
(3)
An enclosed porch may extend up to five feet in a required side yard and up to 10 feet in a required rear yard, provided that the porch is no more than 10 feet in height and is no closer than five feet to any side lot line or 10 feet to any rear lot line.
H.
Access to public street. All lots shall have access, either directly or via a driveway, to a public street. Such driveway shall have a uniform width of not less than 12 feet.
§ 158-12 R-1 Residential Districts.
A.
Purpose. An R-1 District is intended to be principally single-and two-family homes on individual lots with customary residential accessory uses. Certain multifamily dwellings and other residentially related uses are allowed as conditional uses, provided that they meet the criteria contained in this chapter.
B.
Permitted uses. The following uses are permitted in an R-1 Residential District:
(1)
Single-family detached dwelling.
(2)
Two-family detached dwelling.
(3)
Residential accessory uses, such as garages, carports, gardens, private swimming pools, minor storage or outbuildings and signs. See Article IV.
(5)
Recreational facility, owned and operated by public or nonprofit organization.
(6)
Borough-owned facility or use.
§ 158-13 R-2 Residential Districts.
A.
Purpose. This district provides for single- and two-family residential, as well as multifamily dwellings, residential conversions and certain specialized housing types, such as group residences, where these can be developed compatibly with the existing neighborhood and adjacent residences.
B.
Permitted uses. The following uses are permitted in an R-2 Residential District:
(1)
Single-family detached dwelling.
(2)
Two-family detached dwelling.
(3)
Residential accessory uses, such as garages, carports, gardens, private swimming pools, minor storage or outbuildings and signs. See Article IV.
(5)
Recreational facility, owned or operated by public or nonprofit entity.
(6)
Borough-owned facility or use.
C.
Conditional uses. The following uses are subject to the conditions set forth in Article VI:
(1)
School.
(2)
Church or places of worship, including related educational buildings, parish house, convent, monastery or similar accessory use.
(3)
Group residence or personal care boarding home, as defined by this chapter.
(4)
Multifamily dwellings in new or converted structures.
(5)
Public utility use or structure.
D.
Area and bulk requirements; permitted and conditional uses.
(1)
(4)
Maximum height. No principal structure shall exceed 35 feet or three stories, except that a multistory, multifamily structure may have a height not exceeding 40 feet or four stories. Accessory structures shall not exceed 15 feet.
§ 158-14 R-3 Residential Districts.
A.
Purpose. This district is similar to the R-1 District except that minimum lot sizes are smaller, which is consistent with the existing development pattern.
B.
Permitted uses. The following uses are permitted in an R-3 Residential District:
(1)
Single-family detached dwelling.
(2)
Two-family detached dwelling.
(3)
Residential accessory uses, such as garages, carports, gardens, private swimming pools, minor storage or outbuildings and signs. See Article IV.
(5)
Recreational facility, owned and operated by public or nonprofit organization.
(6)
Borough-owned facility or use.
§ 158-15 C-1 Community Business Districts.
A.
Purpose. This district provides for a broad range of retail, service and office uses which are typical of a community's central business area. Businesses in this district should be compatible in terms of general market and operating characteristics.
B.
Permitted uses. The following uses are permitted in a C-1 Community Business District:
(1)
Shopper's convenience and general retail uses, such as food, drugs, bakery, apparel, hardware, appliances and furniture, jewelry, specialty shops, cards and gifts, sporting goods.
(2)
Personal services, such as barbershops and beauty shops, laundry and cleaning (no processing on premises), shoe repair.
(3)
Business and personal services, such as financial institutions, insurance/real estate offices, printing and copying, computer and data processing, video sales and rental.
(4)
Medical, dental offices or clinics.
(5)
Business and professional office buildings.
(6)
Eating and drinking establishments.
(7)
Funeral homes.
(8)
Private schools or day-care center for preprimary-age children.
(9)
Private schools for dancing, music or similar art or craft instruction.
(10)
Private clubs and fraternal organizations.
(11)
Public facility, building or recreational area.
(12)
Shopping center.
C.
Conditional uses. The following uses are subject to the conditions set forth in Article VI:
(1)
Multifamily dwellings as accessory to a commercial structure.
(2)
Commercial recreation uses, such as bowling, racquet sports, exercise or health clubs.
(3)
Theaters, except drive-in.
(4)
Gasoline service stations.
(5)
Automobile dealerships for new car sales, with or without service facilities.
(6)
Beverage distributors.
(7)
Hotels/motels.
(9)
Nursing or convalescent homes.
(10)
Outdoor retail sales as part of an approved permitted or conditional use.
D.
Area and bulk regulations; permitted and conditional uses.
(1)
Minimum lot area. None shall be required, provided that lot area is sufficient to meet all setback, coverage and parking requirements.
(2)
The minimum yard requirements shall be as follows:
(a)
Front yard, 10 feet.
(b)
Side yard, none shall be required, except where a lot abuts a residential district, then a ten-foot side yard shall be provided. If a corner lot abuts a residential district, then the yard abutting the street shall be 25 feet.
(c)
Rear yard, 10 feet, except where a lot abuts a residential district, then a twenty-foot rear yard shall be provided.
(3)
The maximum lot coverage shall be 70%.
(4)
The maximum height shall be 40 feet or four stories.
F.
Additional requirements shall be as follows:
(1)
Where the side or rear yard of a lot in the C-1 District abuts a residential district, there shall be provided either a planted screen in accordance with § 158-23 of this chapter or a fence not less than four feet or more than seven feet in height, at least 50% of the surface of which shall be opaque.
(2)
The Borough Council shall approve the plans and designs for any planted screen or fence as to height, placement, elevation, type of materials and other proposed characteristics. The Council may require modifications where it determines necessary to achieve an adequate, year-round visual screen for abutting residential properties.
§ 158-16 C-2 General Commercial Districts.
A.
Purpose. This district designates locations where, in addition to shopper's goods, personal and business services, other types of commercial uses, such as building supplies or vehicular sales, are also appropriate. Uses in this district usually require direct automobile access, customer parking and/or loading and frequently larger lots and buildings than uses in C-1 Districts.
B.
Permitted uses. The following uses are permitted in a C-2 General Commercial District:
(1)
Any use permitted in C-1 District.
(2)
Commercial recreation uses, such as bowling, racquet sports, health or exercise clubs.
(3)
Retail building materials, plumbing, heating and electrical sales and service.
(4)
Medical supplies and equipment sales and service permitted uses.
(5)
Building contractor's offices, excluding exterior storage of materials and equipment.
(6)
Veterinary offices and animal hospitals.
C.
Conditional uses. The following uses are subject to the conditions set forth in Article VI:
D.
Area and bulk regulations; permitted and conditional uses.
(1)
The minimum lot area shall be 3,000 square feet.
(2)
The minimum yard requirements shall be:
(a)
Front yard, 10 feet.
(b)
Side yard. None shall be required, except where a lot abuts a residential district, then a ten-foot side yard shall be provided. If a corner lot abuts a residential district, then the yard abutting the street shall be 25 feet.
(c)
Rear yard, 10 feet, except where a lot abuts a residential district, then a twenty-foot rear yard shall be provided.
(3)
The maximum lot coverage shall be 70%.
(4)
The maximum height shall be 40 feet.
F.
Additional requirements shall be as follows:
(1)
Where the side or rear yard of a lot in the C-2 District abuts a residential district, there shall be provided either a planted screen in accordance with § 158-23 of this chapter or a fence not less than four feet nor more than eight feet in height, at least 50% of the surface of which shall be opaque.
(2)
The Borough Council shall approve the plans and designs for any planted screen or fence as to height, placement, elevation, type of materials and other proposed characteristics. The Council may require modifications where it determines necessary to achieve an adequate, year-round visual screen for abutting residential properties.
§ 158-17 I-1 Industrial Districts.
A.
Purpose. This district identifies suitable areas for new and expanded industrial uses which comply with the performance standards of this chapter and which are consistent with the predominately residential development in Cheswick Borough.
B.
Conditional uses. The following uses are permitted subject to conditions and performance standards contained in this chapter (see Articles IV and VI):
[Amended 7-19-1988 by Ord. No. 665-C]
(1)
Industrial uses, including production, processing, testing, repair or servicing of apparel and other textile products, furniture and fixtures, paper and allied products, printing and publishing, rubber and plastics, leather and leather products, transportation equipment, instruments and related products, jewelry, musical instruments, toys and sporting goods, pencils, pens and art supplies, signs and advertisement displays and burial caskets.
(2)
Building supplies and equipment sales and service.
(3)
Building contractors' offices and equipment storage.
(4)
Wholesale and distribution, including warehousing, parcel delivery, storage and beverage bottling.
(5)
Vehicular repair garages.
(6)
Animal hospitals and kennels.
(7)
Railway facilities and terminals.
(8)
Public facilities or buildings.
(9)
Public utility uses or structures.
(10)
Customary accessory uses, including business offices, retail sales incidental to the principal use, storage areas, snack bar or cafeteria, signs and parking/loading areas. (See Article IV.)
(11)
Manufacturing, fabricating, processing or servicing of food and kindred products, stone, clay, glass and concrete products, fabricated metal products, machinery, electrical and electronic machinery, equipment and supplies and transportation equipment.
(12)
Garages for storage of motor vehicles.
D.
Area and bulk regulations, conditional uses.
[Amended 7-19-1988 by Ord. No. 665-C]
(1)
The minimum lot area shall be none required.
(2)
The minimum yard requirements shall be:
(a)
Front yard, 30 feet.
(b)
Side yard, 10 feet or 20 feet if abutting a residential or commercial district.
(c)
Rear yard, 10 feet or 30 feet if abutting a residential or commercial district.
(d)
Additional side and rear setback. Wherever the building height exceeds 20 feet, the side and rear yards shall be increased one foot in depth for every one-foot increase in building height.
(3)
The maximum lot coverage shall be 75%.
(4)
The maximum height shall be 45 feet.
F.
Additional requirements shall be as follows:
(1)
All operations, activities and storage shall be conducted wholly inside a building, or buildings, except that storage may be maintained outside a building in a side or rear yard if such storage area is separated from public streets or other property by screening or fencing, as provided by Subsection F(4) below.
(2)
All premises shall be furnished with all-weather, hard-surface walks, parking and loading areas, and the grounds shall be planted and landscaped.
(3)
No building shall be used for residential purposes, except that a watchman or custodian may reside on the premises.
(4)
Screening.
(a)
Where the side or rear yard of a lot in the I-1 District abuts a residential district, there shall be provided either:
(b)
The Borough Council shall approve the plans and designs for any planted screen or fence as to height, placement, elevation, type of materials and other proposed characteristics. The Council may require modifications where it determines necessary to achieve an adequate, year-round visual screen for abutting residential properties.
§ 158-18 CD Conservation Districts.
A.
Purpose. This district includes natural and environmentally sensitive areas, such as the Allegheny Riverfront, floodplains or areas of steep slopes, which require special regulations to assure their protection, preservation and/or safe use.
B.
Permitted uses. None shall be permitted in the CD Conservation Districts.
C.
Conditional uses. The following uses are permitted subject to all applicable requirements of this chapter:
(1)
Public or private recreational uses and related facilities.
(2)
River-oriented recreation and commercial uses adjacent to the Allegheny River, including marinas; boat docks, storage and launching facilities; fishing piers or areas; observation areas; restaurants, specialty shops; and similar uses.
(3)
Farming, greenhouses, plant nurseries and gardens.
(4)
Customary accessory uses to a principal conditional use, including a residential unit for a security person or custodian.
F.
Additional requirements shall be as follows:
(2)
If a use is proposed to be constructed on a zoning lot of which the average slope exceeds 15%, the owner/developer shall be required to submit an engineering analysis, prepared by a registered professional engineer with training and experience in soils and geotechnical engineering, certifying that all proposed structures can be built safely and identifying any measures, such as retaining walls, special foundations and drainage that will be required. This report shall be subject to the review and acceptance of the Borough Engineer.
§ 158-19 SD Special Development Districts.
A.
Purpose. This district provides for mixed public, commercial and multifamily residential development in areas which are adjacent to the community business district. Most uses are subject to special conditions and standards.
B.
Permitted uses. The following uses are permitted in a SD Special Development District:
(1)
School.
(2)
Church or places of worship, including related educational buildings, parish house, convent, monastery and similar accessory uses.
(3)
Recreational facility, owned and operated by public or nonprofit organization.
(4)
Borough-owned facility or use.
(5)
Community or social service facility, owned and operated by a nonprofit organization.
D.
Area and bulk regulations; permitted and conditional uses.
(1)
Minimum lot area. None shall be required, provided that the lot complies with all requirements for yards, buffer areas, parking and loading and other applicable provisions of this chapter.
(2)
(4)
The maximum lot coverage shall be 40%.
(5)
The maximum height shall be 40 feet or four stories.
F.
Additional requirements shall be as follows:
(1)
Buffer areas or screening.
(a)
Where a rear or side yard of any lot in this district abuts a residential district without an intervening street, a buffer area, as defined by this chapter,[2] at least 15 feet in depth shall be maintained along the entire property boundary. Within that buffer area, a planted screen shall be provided of sufficient density, height and type of planting material to provide a year-round visual barrier within three growing seasons of planting. The Borough Council, during the application review, shall establish the characteristics of the planted screen and buffer area required to achieve adequate visual screening and to protect adjacent properties.
(b)
Wherever a rear or side yard of an approved conditional use abuts the property of a permitted use, the screening provisions described above shall apply.
(2)
Rear or side yards may be used for required off-street parking, provided that the requirements for the buffer area and planted screen are fulfilled. However, no off-street loading area shall be located within a side or rear yard abutting a residential district. No parking or loading shall be located in a required front yard.
(3)
All uses fronting on a street, across from which the properties are zoned residential, shall provide a landscaped area which is six feet in depth along the entire frontage, except for approved entrances/exits. Landscaping plans shall be approved by the Borough Council.
(4)
Property owners shall be responsible for the continuing maintenance, including the replacement of dead vegetation, of all planted screens and landscaped areas.
(5)
Where a proposed development shall contain a group of two or more buildings, no structure shall be closer than 30 feet to any other unless otherwise specified by this chapter. Additional building separation may be required where necessary to provide adequate access for emergency and fire vehicles, subject to the approval of the Borough Fire Chief.
(6)
All uses shall be served by public water supply and sewage disposal. Permits and approvals from state, county and local agencies shall be obtained and copies submitted to the Borough before any construction shall begin.
§ 158-19.1 Riverfront Overlay District.
[Added 6-21-1994 by Ord. No. 692-C[1]]
A.
Purposes. The river in the Borough of Cheswick is an important environmental, recreational, aesthetic, historic and economical resource. The long-term value and integrity of the river in the Borough of Cheswick depends on the character, location and magnitude of development of land along the river. Properly planned and designed development can enhance the environmental, recreational, aesthetic and economic values of the river in the Borough of Cheswick and avoid adverse impacts on the public health, safety and welfare of the Borough of Cheswick. Consequently, the purposes of these regulations are: to preserve and enhance the value of the river as an irreplaceable public resource; to encourage uses and improvements along the river that enhance rather than detract from the environmental, scenic, recreational and economic values of the river; and to encourage opportunities for the public to view, use and enjoy the river. The Riverfront Overlay District consists of two subdistricts intended to achieve the following specific purposes:
(1)
Land conservation. This subdistrict is intended to:
(a)
Include environmentally sensitive land within the Riverfront Overlay District, including steep hillsides, landslide-prone areas, floodplains, wetlands and water intake protection areas, river access sites, rail corridors located near and along the river and a continuous setback along the river extending from the ordinary high-water line landward to the top of the slope.
(b)
Prevent hazards and to maintain the natural character of environmentally sensitive areas; to preserve existing public access sites and the potential for public access provided by rail corridors; to maintain or provide for the development of landscaped open space at the river's edge with the potential for a pedestrian pathway or trail through it; and to provide for the location of water-dependent uses within the riverfront setback areas.
(2)
Land development. The purpose of this subdistrict is to allow the full range of development authorized by the underlying zoning districts, to provide for public access to the Land Conservation Subdistrict and to encourage the establishment of public access uses on sites adjacent to the river or to the Land Conservation Subdistrict.
B.
Boundaries. The Riverfront Overlay District shall apply to all land areas depicted on the Borough of Cheswick's Riverfront Overlay District Map, which shall be deemed part of the Borough of Cheswick's Official Zoning Map.[2]
[2]
Editor's Note: The Official Zoning Map is on file in the Borough offices.
C.
Permitted uses. Only the uses expressly listed in this section shall be permitted as of right in the Riverfront Overlay District:
(2)
Land Development District.
(a)
Any use authorized in the Land Conservation District as a permitted use.
(b)
Any "public access use," which is defined as any facility operated by a public or private entity, whose operations fall within at least one of the following categories:
[1]
An inn, hotel, motel or other place of lodging.
[2]
A restaurant, bar or other establishment serving food or drink.
[3]
A motion-picture house, theater, concert hall, stadium or other place of exhibition or entertainment.
[4]
An auditorium, convention center, civic hall or other place of public gathering.
[5]
A museum, library, gallery or other place of public display or collection.
[6]
Retail uses accessory to any other public access use.
D.
Conditional uses. The uses expressly listed in this subsection shall be allowed as conditional uses in the Riverfront Overlay District in accordance with the conditional use procedures in Article VI of this chapter.
(1)
Land Conservation District.
(a)
Recreation uses involving permanent structures or construction, provided that they do not violate any environmental protection standard of this or other applicable ordinances.
(b)
"Water dependent uses," defined as any use which requires direct access to the river, including boat launches or landings, harbors and marinas and locks and associated facilities, provided that the land development plan for such uses maintains an open space corridor through the site which connects with the riverfront setback area of adjoining sites.
E.
Development standards. All development within the Riverfront Overlay District shall comply with the following standards, in addition to the standards of any underlying zoning districts. In case of conflicts, these standards shall govern.
(1)
Riverfront setback. All development shall be set back from the river in accordance with Subsection E(1)(a) or (b) hereunder.
(b)
If the riverfront setback required by Subsection E(1)(a) above would comprise more than 25% of the depth of a riverfront parcel or lot existing on the date that this section is first advertised, the required setback may be reduced to equal, but not less than, 25% of the lot or parcel depth, but in no case less than 25 feet.
(2)
Improvement of setback area. The riverfront setback area shall be improved and maintained for uses which are authorized in Subsection C(1).
(3)
Access to street. Multiple pedestrian access routes that are not less than 20 feet in width from the nearby streets to the river are encouraged. In addition to other access which may be required under Chapter 141, Subdivision and Land Development, access to the nearest street must be provided at intervals not exceeding an average of 600 feet. Access to the river edge solely via a building should be avoided. At least one access route should be open to the sky and should permit emergency vehicles to reach the river edge. Access routes should be lighted at night and given an attractive architectural treatment. Access routes lined with shops, restaurants or other active uses are encouraged. When access is provided through a building, the route should be designed to suggest its public character.
(4)
Landscaping. Landscaping enhances the river's appearance, increases usable open space near the river and attracts more people to the water. Landscaping can also provide visual relief from urban or industrial riverfront environments. Accordingly, developers are strongly encouraged to make a riverside park, plaza or garden the centerpiece of their projects. Fountains, sculpture and artwork are also desirable, but not to the exclusion of landscaping. In designing landscaping, the following guidelines should be observed:
(a)
All public open space along the river, including walkways, parks and plazas, should have a minimum average landscaping coverage of 20%. Ground covered by tree grates may count toward the 20%.
(b)
Parks and gardens should be planted rather than paved to the degree permitted by their intended use.
(c)
Vegetation should be planted in the ground rather than in planters to provide adequate root space. If planters must be used, they should be as large as possible, particularly for trees. Under ideal conditions, the horizontal diameter of a tree's roots may equal or exceed its height. For trees, long pits permitting multiple plantings and shared root space are preferable to smaller pits with single plantings. Aboveground pots which crowd roots and expose them to freezing winds should be avoided.
(d)
To permit moisture and oxygen to reach roots, the ground surface around trees should be kept in a natural state. If paving is necessary, paving blocks set in sand, which permit moisture to seep into the ground, are strongly preferred over slab concrete or other impermeable surfaces.
(e)
Plants selected for riverfront landscaping should be able to tolerate the drying effects of strong wind and periodic inundation. Trees should be chosen for year-round interest, such as spring flowers, summer foliage, bright fall colors and attractive shape, bark, berries or other features in the winter.
(f)
Trees native to the riverbank are preferred for planting in the ground closest to the river. These include elm, red maple, ash, sugar maple, tulip trees, hemlock, rhododendron, silver maple, sycamore, black willow, spicebush, dogwood, red river, birch, shrub willow and alder.
(5)
Outdoor seating. Benches and group seating areas should be provided for any public use. Private public access uses are encouraged to include outdoor patios or seating areas. To the greatest extent possible, seating should permit a direct view of the river, unimpaired by walls, vegetation or structures. Outdoor seating should not obstruct public access.
(6)
Signs. To promote public use, all river amenities should be adequately marked using signs and symbols that meet the standards of § 158-24 of this chapter. Owners and developers of riverfront property are encouraged to develop unified signage for their river amenities. Billboards shall be prohibited in the Riverfront Overlay District. Care should be taken to avoid excessive signage along the river's edge.
[1]
Editor's Note: Ord. No. 692-C was vetoed by the Mayor 6-9-1994 and passed, over the Mayor's veto, by the Borough Council 6-21-1994.