Clairton City Zoning Code
ARTICLE III
District Regulations
§ 337-13 Districts established.
The City of Clairton is hereby divided into zoning districts of different types, each type being of such number, shape, kind and area, and of such common units or purpose and adaptability of use that is deemed most suitable to carry out the objectives of this chapter. Each parcel of land and every building or other structure in the City, except as otherwise provided by law or by this chapter, shall be subject to the regulations, restrictions and requirements specified for the district in which it is located.
§ 337-14 Districts enumerated.
For the purposes of this chapter, the City is divided into the following zoning districts:
SC | Special Conservation District |
R-1 | Low Density Residential District |
R-2 | Medium Density Residential District |
MU-R | Restricted Mixed Use District |
MU-V | Village Mixed Use District |
MU-T | Transitional Mixed Use District |
CBD | Central Business District |
C/I | Commercial and Light Industrial District |
I | Heavy Industrial District |
§ 337-15 Zoning Map.
B.
At least one paper copy of the Zoning Map shall be kept on file for examination in the Clairton Municipal Building.
C.
The Official Zoning Map shall be identified by the signature of the City Mayor, attested by the City Manager, and shall bear the Seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Article III of Chapter 337, as amended, of the City of Clairton," together with the date of enactment of this chapter.
D.
All amendments affecting district boundaries shall be noted on the Official Zoning Map, including the date of adoption, and shall be attested to by the City Manager.
E.
No changes of any nature shall be made to the Zoning Map or matter shown thereof except in conformity with the procedure set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided in Article VI of this chapter.
§ 337-16 District boundaries.
Where uncertainty exists with respect to the boundaries between districts as shown on the Zoning Map,[1] the following rules shall apply:
A.
Where district boundaries are shown as approximately coinciding with the lines of roads, streams and transportation rights-of-way, they shall be deemed to follow their center lines. Neither the vacation of roads nor the change of stream beds shall affect the location of such district boundaries.
B.
Where district boundaries are shown as approximately coinciding with lot lines that existed at the time of the adoption of the Zoning Map, they shall be deemed as following such lines.
C.
Where district boundaries do not coincide with a physical feature or lot line, and are not fixed by dimensions on the Zoning Map or notes, the boundary shall be determined using a scale.
D.
When the Zoning Officer cannot definitely determine the location of a district boundary by such center lines, by the scale of dimensions stated on the Zoning Map or by the fact that it clearly coincides with a property line, he or she shall refuse action, and the Zoning Hearing Board, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this chapter.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 337-17 Purposes of each district.
Each zoning district is established for the specified purpose:
A.
SC Special Conservation District. To encourage the continued use of land for parks, recreation, low density residential uses, the conservation of natural resources and features, and the preservation of open space.
B.
R-1 Low Density Residential District. To encourage the continued use of land for low density residential purposes and those uses which are compatible with low density residential uses.
C.
R-2 Medium Density Residential District. To encourage the continued use of land for a mixture of compatible residential dwelling types at a moderate residential density and those uses which are compatible with the mixture of residential dwelling types at a moderate residential density.
D.
MU-R Restricted Mixed Use District. To encourage the continued use and reuse of land and buildings for a compatible mixture of residential uses and small-scale, low-intensity neighborhood-oriented businesses while retaining the overall appearance and character of a residential neighborhood.
E.
MU-V Village Mixed Use District. To encourage the continued use and reuse of land and buildings within established, traditional neighborhoods for a compatible mixture of moderate-density residential uses, neighborhood-oriented businesses, and those uses which are compatible with established, traditional neighborhoods.
F.
MU-T Transitional Mixed Use District. To encourage the continued use and reuse of land and buildings in areas surrounding the Central Business District for a compatible mixture of a variety of commercial businesses and residential uses to provide a transition between the CBD and the adjacent residential neighborhoods.
G.
CBD Central Business District. To encourage the continued use and reuse of land and buildings within the City center for a compatible mixture of pedestrian-oriented businesses, offices, and upper-story residential dwellings.
H.
C/I Commercial and Light Industrial District. To encourage the continued use and reuse of land and buildings for a variety of general and automobile-oriented business and industrial uses.
I.
I Heavy Industrial District. To encourage the continued use of land and buildings for heavy industry.
§ 337-18 Permitted uses.
A.
For the purposes of this article, the following abbreviations shall have the following meanings:[1]
P | = | Permitted use by right (zoning determination by the Zoning Officer) | |
SE | = | Special exception use (zoning decision by the Zoning Hearing Board) | |
CU | = | Conditional use (zoning decision by the Council) | |
N | = | Not permitted | |
(§ 337-37) | = |
[1]
Editor's Note: See also Table 337-18 included as an attachment to this chapter.
C.
Unless otherwise provided by state or federal law or specifically stated in this chapter, any land or structure shall only be used or occupied for a use specifically listed in this section as being allowed in the zoning district where the land or structure is located. Such use shall only be permitted if the use complies with all other requirements of this chapter.
§ 337-19 Prohibited uses.
Uses not specifically listed in any district as permitted, special exception or conditional shall be prohibited in that district.
§ 337-20 Uses for which no provision is made.
Whenever a use is not specifically permitted in any district established under this chapter, and an individual makes an application to the Zoning Officer for such use, the Zoning Officer shall refer the application to the City Council, which may authorize the use by conditional use in accordance with the applicable express standards and conditions for "uses for which no provision is made" specified in § 337-37RR.
§ 337-21 Dimensional requirements.
A.
Table 337-21[1] contains the dimensional requirements pertaining to minimum lot area, minimum lot width, minimum yards, maximum height and maximum building coverage for the specified zoning district, unless a more restrictive requirement for a specific use is required by Article V or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as "lot width") in Article II.
[1]
Editor's Note: The table is included as an attachment to this chapter.
B.
Nonresidential structures or uses in any district shall not be located or conducted closer to any lot line in the SC, R-1, R-2, or any MU District than the distance specified in the following schedule:
Minimum Side or Rear Yard Abutting Any Lot in Any SC, R or MU District (feet) | Use | |
|---|---|---|
10 | Off-street parking spaces and access drives for nonresidential uses | |
20 | Churches, schools, public or semipublic structures | |
35 | Recreation facilities, entertainment facilities, motels, all business uses and all industrial uses |
§ 337-22 Accessory uses and structures.
A.
All accessory uses and structures shall meet the following criteria:
(1)
Such use is on the same lot as the principal use or structure and is customarily incidental and subordinate to the principal use or structure.
(2)
Such use is not intended to expand a use otherwise limited in that area.
(3)
Such use is consistent with the normal requirements of the principal use and is not excessive for such use or for that district.
(4)
Such use is not detrimental to the surrounding area or properties.
(5)
Adequate area is available without reducing the area requirements set forth for the use in the district in which it lies.
B.
A zoning permit shall be required for every accessory use or structure.
C.
If the principal use or structure is one which would require land development approval through Chapter 307, Subdivision and Land Development, such accessory use or structure shall require such approval.
D.
There must be a principal structure on the lot prior to the issuance of a zoning permit for an accessory structure, except that accessory structures customarily associated with parks and playgrounds shall be allowed on site without a principal structure. Such structures may include, but are not limited to, picnic pavilions, gazebos, and equipment storage sheds.
E.
In addition to the permitted accessory uses specified in Table 337-18,[1] the Zoning Officer shall also permit the following uses by right as accessory uses to lawful principal uses in all districts, subject to the requirements of Article V and all other requirements of this chapter:
(1)
An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter.
(2)
Antennas, standard for television, radio and similar reception.
(3)
Fence or wall.
(4)
Garage, private.
(5)
Garage sale.
(6)
Pets, keeping of, in compliance with City health regulations.
(7)
Parking or loading, off-street, only to serve a use that is permitted in that district.
(8)
Recreational facilities, limited to use by residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.
(9)
Residential accessory structure.
(11)
Swimming pool, household.
(12)
The following are permitted-by-right accessory uses only to a permitted-by-right or special exception commercial, industrial or institutional use, provided that all requirements of this chapter are met:
(a)
Storage of fuels for on-site use or to fuel company vehicles.
(13)
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted-by-right, special exception or conditional principal use.
[1]
Editor's Note: The table is included as an attachment to this chapter.
§ 337-23 Planned residential developments.
A.
Planned residential developments may be allowed or denied by the Council after recommendation by the Planning Commission in accordance with the procedures set forth in Article VI of this chapter.
B.
Findings of fact. A development plan for a planned residential development shall be approved if, and only if, it is found to meet the following findings of fact:
(1)
The proposed development plan preserves the community development objectives of this chapter and is consistent with the Comprehensive Plan.
(2)
Where the proposed development plan departs from the regulations in this chapter and Chapter 307, Subdivision and Land Development, otherwise applicable to the subject property, such departures must be shown to be in the public interest and promote the health, safety and general welfare of the public.
(3)
The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space is adequate with respect to the purpose, use and type of development proposed.
(4)
The physical design of the proposed development plan adequately provides for public services, pedestrian and vehicle traffic facilities, parking, light, air and recreation and visual enjoyment.
(5)
The total environment of the proposed development plan is harmonious and consistent with the neighborhood in which it is located.
(6)
The proposed development plan will afford a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment and prevention of erosion, landslides, siltation and flooding than if the subject property were developed in accordance with the provisions of this chapter and Chapter 307, Subdivision and Land Development, which otherwise apply.
(7)
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards of § 337-35.
(8)
In the case of a development plan which proposes development over a period of years, the development plan will provide at each stage of development a sufficient proportion of any required open space, planned facilities and amenities and other improvements and conditions as set forth in this article and as intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
C.
Standards for approval of planned residential developments. Planned residential developments may be approved under provisions of this chapter if, and only if, they comply with the following standards and provisions:
(1)
Ownership. The entire site for the planned residential development shall be owned or controlled by the developer.
(2)
Minimum size. The site shall not be less than five acres.
(3)
Frontages. The minimum frontage abutting on a public right-of-way shall not be less than 200 feet.
(4)
Access. The site must provide for access from arterial streets indicated in the Comprehensive Plan to assure convenient and safe access which will not cause undue congestion or hazard on local streets.
(5)
Safety. The site shall be of such a character so as to avoid danger to health or peril from fire, flood or other hazard. Land containing or providing hazards to life, health and property, such as quarries or open ditches, or land subject to flooding, or subsidence, landslide-prone or subject to underground fires shall not be subdivided for residential purposes until such hazards have been eliminated or adequate safeguards are provided under the development plan.
(6)
Permitted uses. The following uses may be permitted in a planned residential development, provided that their design, arrangement, landscaping, relationship to adjacent properties and uses and construction meet the requirements set forth in this chapter:
(a)
In the SC Conservation District: one-family houses, townhouses, recreation facilities and accessory uses.
(b)
In the R-1 Low Density Residential District: one-family houses, townhouses, recreation facilities and accessory uses.
(c)
In the R-2 Medium Density Residential District one-family houses, townhouses, garden apartments, high-rise apartments, recreation facilities and accessory uses.
(7)
Permitted density: The overall density shall not exceed an average lot area per family calculated exclusive of public or private streets as set forth on the following table:
Table 337-23, Minimum Lot Area per Family | ||||
|---|---|---|---|---|
Type of Unit | SC District (square feet) | R-1 District (square feet) | R-2 District (square feet) | |
Single-family dwelling | 6,000 | 6,000 | 6,000 | |
Duplex | 4,000 | 4,000 | 4,000 | |
Townhouse | 2,500 | 2,500 | 2,500 | |
Garden apartment | 2,500 | 2,500 | 2,500 | |
(8)
Open space requirements: Not less than 15% of the total site area shall be set aside for open space, and not less than 50% of such open space shall be developed to a degree commensurate with its location and probable usage. The common open space shall be so dedicated or otherwise preserved and maintained so as to always remain open and available for use by the occupants of the planned residential development. The common open space, including all improvements and facilities, shall be either:
(a)
Dedicated for public use to a public body which agrees to operate and maintain the dedicated land and facilities, but no public body is obliged by this chapter to accept such dedication; or
(b)
Deeded to an organization representing the property owners of the development, which organization shall covenant to operate and maintain land and facilities. Such organization may not be dissolved nor dispose of the common open space unless the maintenance of the common open space is otherwise guaranteed to the City's satisfaction.
(9)
Common open space maintenance.
(a)
If the organization established to own and maintain the common open space or any successor organization fails to maintain such common open space in reasonable order and condition in accordance with the development plan, the City may serve written notice upon such organization or upon the residents of the planned residential development setting forth the maintenance deficiencies, requiring correction of the deficiencies within 30 days and stating the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the City may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies so set forth shall not be corrected within the specified time limit, the City, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon and maintain the common open space for one year. This maintenance shall not constitute a taking nor vest in the public any rights to use the common open space. Before the expiration of the year, the Council shall set a public hearing where such organization or residents of the planned residential development may show cause why maintenance by the City should not continue for another year. If the Council determines that such organization is ready and able to maintain said common open space in reasonable condition, the City shall cease to maintain said common open space of the end of said year: If the Council shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the City may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(b)
The cost of such maintenance by the City shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. The City, at the time of entering upon said common open space for the purpose of maintenance, shall file with the county a notice of lien upon the properties affected.
(10)
Minimum building setback. No structure shall be located closer to any boundary of the site than 40 feet. Any structure exceeding 35 feet in height shall be set back one additional foot for every two feet of height exceeding 35 feet.
(11)
Building spacing. The requirements determining the spacing of buildings shall be flexible so as to encourage imaginative site design. The spaces between buildings shall guarantee adequate light, air and emergency access. The minimum distance between the nearest points of any exterior building walls shall be not less than 20 feet.
(12)
Maximum size of structure. No structure shall have a maximum dimension greater than 250 feet No townhouse shall have a height greater than three stories or 35 feet. No garden apartment shall have a height greater than three habitable stories or 35 feet. Chimneys, spires, towers, tanks or similar projections may exceed the prescribed height limitation by not more than 25%.
(13)
Building groupings. Structures used for dwelling units shall be oriented so as to ensure adequate light and air exposures for walls containing main window exposures or main entrances. Each structure shall be so arranged so as to avoid undue exposure to concentrated loading or parking facilities.
(14)
Staging development. The density of development within various portions of the planned residential development may vary, provided that at every point during construction the completed portion of the development plan will meet all requirements of this chapter. It is further required that programs for the construction of areas of greater density concentration than permitted on the entire tract will be offset by site improvements which, because of their size or cost, are in proportion to the number of dwelling units to be constructed in each stage. As an alternative to part or all of the site improvements required to offset development densities in excess of the overall permitted density, the City may require the reservation of open space by grant, easement or covenant in favor of the City in an amount and location necessary to balance the excess development density of each stage.
D.
Required improvements. The following improvements shall be completed in connection with every planned residential development, and such improvements will be in conformance with such standards as may be specified and required in Chapter 307, Subdivision and Land Development, or other City, county or state law.
(1)
Off-street parking spaces shall be provided in accordance with the provisions in this chapter.
(2)
Streetlights shall be provided by the developer throughout the planned residential development. The streetlights shall be located to ensure adequate illumination in order to protect the safety of the residents of the planned residential development.
(3)
Proposed streets shall be related to street plans or parts thereof as have been officially adopted by the City. Proposed streets shall conform to the requirements herein, as well as to any other plans, statute, ordinance, law or regulation applicable thereto. Streets shall be logically related to the topography in order that usable lots and reasonable grades shall be produced. Minor streets shall be so laid out as to discourage through traffic, but provisions will be required for street connections into and from adjacent areas.
(4)
Where a planned residential development abuts or contains an existing or proposed major traffic street, the Council may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with major streets and separation of local and through traffic.
(5)
Suitable drainage structures, culverts, storm sewers, ditches and related installations shall be provided to ensure adequate drainage of all points along the streets.
(6)
Concrete monuments shall be set at the intersection of all lines forming angles in the boundary of the planned residential development. Iron or steel markers shall be set at the beginning and ending of all curves along street property lines, at all points where lot lines intersect curves, either front or rear, and at all angles and property lines of lots and at all other lot corners.
(7)
Pedestrian interior walks shall be required where necessary to assist circulation or provide access to community facilities. Such interior walks shall have a paved width of not less than four feet.
(8)
When topsoil has been removed from the surface on a slope where erosion may cause a displacement of loose material, the area shall be seeded or otherwise treated as soon as possible to prevent damage to adjacent property or streets.
(9)
Surety bonds to ensure satisfactory completion of required improvements and maintenance, inspection procedures and acceptance of any public rights-of-way shall conform to the requirements of Chapter 307, Subdivision and Land Development, of the Code of the City of Clairton.
(10)
If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned development, the developer shall present evidence to the Council that the planned development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.