(Ord. of 7-25-07)

NOTE: Letters shown as footnotes in Section 132.1201 correspond with letters of items below.

A.

No building shall be erected, converted, enlarged, reconstructed, or structurally altered, except in conformity with the building area, placement and height regulations of the district in which the building is located; and except in conformity with the lot area, width and coverage regulations of the district in which the building is located.

B.

Minimum yard setbacks. For lots adjacent to a county road, state highway, or other street where the planned right-of-way is different from the existing right-of-way, the abutting required setback(s) shall be measured from the edge of the planned right-of-way to the building or structure. The planned rights-of-way are shown and/or described in the official township thoroughfare plan, which is contained in the Cottrellville Township Master Plan (adopted June 2002) and as may be amended. In determining the location of the edge of the planned right-of way, the centerline of a planned right-of-way shall be considered to coincide with the centerline of the existing thoroughfare, unless there is documentation available to the contrary (e.g. state highway ROW). In the absence of a defined street right-of-way, the planned right-of-way for setback purposes shall be sixty-six (66) feet. Where there is a question of the appropriate edge of a planned right-of-way to use, the Planning Commission shall make a determination.

C.

Frontage and street access requirements. Buildings and lots shall comply with Sections 132.1417 and 132.1418.

D.

Side yards. In the case of a rear yard abutting a side yard, or where a side yard is adjacent to a front yard across a common separating street, the side yard abutting a street shall not be less than the minimum front yard of the district in which located (see illustration at right). Also see footnote L. for possible inclusion in yard averaging.

Side Yards Abutting a Street

E.

Permitted height. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that enclosures for mechanical equipment or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts, and screens, flagpoles, chimneys, smoke-stacks, individual domestic radio and television aerials and wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is located; nor shall such structure have a total area greater than ten (10) percent of the roof area of the building; nor shall such structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building. The erection of communication towers, including commercial radio and television transmitting, relay, or other types of antenna towers, where permitted shall be subject to the regulations set forth in Section 132.1326.

F.

See Article XI and Section 132.1408 regarding airport zoning height regulations.

G.

Height of Farm Buildings. See Section 132.1404.

H.

Single-family dwellings and two-family dwellings in the RM-1 Districts. Where one- and two-family dwelling units are permitted, minimum lot area and minimum lot width shall be determined as follows:

Single-family dwellings

Without public sewer:

Minimum lot width .....300 feet

Minimum lot area .....108,900 sq. ft.

All setbacks, structure heights, lot coverage, and floor area shall comply with the R-1 District Requirements.

With public sewer

Minimum lot width .....85 feet

Minimum lot area .....10,200 sq. ft.

All setbacks, structure heights, lot coverage, and floor area shall comply with the R-1 District Requirements.

Two-family dwellings

With public sewer

Minimum lot width .....130 feet

Minimum lot area .....20,800 sq. ft.

All setbacks, structure heights, lot coverage, and floor area shall comply with the R-1 district requirements.

I.

Multiple-family dwelling projects: Calculation of maximum number of units. In multiple-family dwelling projects, the total number of rooms of eighty (80) square feet or more (not including kitchen, dining and bathrooms) shall not be more than the area of the parcel, in square feet, divided by sixteen hundred (1,600). All units shall have at least one living room and one (1) bedroom, except that not more than ten (10) percent of the units may be of an efficiency type, and not more than twenty (20) percent one (1) bedroom units. In the case of an apartment complex intended specifically for senior citizens or handicapped persons, the Planning Commission may allow the twenty (20) percent limitation on one (1) bedroom apartments to be increased to a maximum of ninety (90) percent.

For multiple-family dwellings projects, for the purpose of computing the permitted number of dwelling units per acre, the following room assignments shall control:

Efficiency: 1 room

One bedroom: 2 rooms

Two bedrooms: 3 rooms

Three bedrooms: 4 rooms

Plans presented showing one-, two- or three-bedroom units and including a den, "library" or other extra room shall count such extra room as a bedroom for the purpose of computing density.

In multiple-family dwelling projects, the area used for computing density shall be the total site area exclusive of any dedicated public right-of-way, either interior or bounding roads.

J.

Multiple-family dwelling projects: Calculation of space between buildings. In multiple-family dwellings projects, front, side or rear yards need not refer to spacing between buildings for a planned development for two (2) or more buildings on the same parcel. In such cases the minimum distance between any two buildings shall be regulated according to the length and height of such buildings, and in no instance shall this distance be less than thirty (30) feet. (See following formula.)

In multiple-family projects, areas devoted to off-street parking, drives or maneuvering lanes shall not cover more than thirty (30) percent of the area of any required yard or any required minimum distance between buildings.

In a multiple-family district the maximum horizontal length of any one (1) building shall be one hundred eighty (180) feet, measured along any single front, side, rear or other exterior wall elevation.

In a multiple-family district the formula for regulating the required minimum distance between two (2) buildings is as follows:

S = LA + LB + 2( HA + HB), where
6

S = Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongation of either.

LA = Total length of building A.

The total length of building A is the length of that portion or portions of a wall or walls of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.

LB = Total length of building B.

The total length of building B is the length of that portion or portions of a wall or walls of building B of which, when viewed directly from above, the lines drawn perpendicular to building B will intersect any wall of building A.

HA = Height of building A.

The height of building A at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.

HB = Height of building B.

The height of building B at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.

K.

Multiple-family dwelling projects: Minimum floor areas. Minimum floor area per dwelling units in square feet for multiple-family dwellings are as follows:

Efficiency unit: 500 sq. ft.

One bedroom unit: 600 sq. ft.

Two bedroom unit: 800 sq. ft

Three bedroom unit: 1,000 sq. ft

Four bedroom unit: 1,200 sq. ft.

L.

Averaged yard setback. In a case where the front yards (or respectively rear yards) of two or more existing permitted principal structures:

1.

Are located in any block in existence on the effective date of this zoning ordinance, and

2.

Are within the same zoning district, and

3.

Are on the same side of the street, but

4.

Have less than the required minimum front (or respectively rear) yards,

then any principal structure subsequently erected on that side of the street shall not have less than and need not have greater than the average depth of the front yards (or respectively rear yards) of said two or more existing principal structures.

Averaged side yard. In a case where there is an undeveloped lot of record which has a side yard included within a row of two or more developed front yards (or respectively a row of rear yards), then any principal structure subsequently erected on said lot shall not have an affected side yard with less than and need not have an affected side yard greater than the average depth of the existing developed yards facing on that street.

M.

Business uses: Parking in front yard (conditions). Off-street parking may be permitted to occupy a required front yard after approval of the parking plan layout and points of ingress and egress by the Planning Commission provided that there shall be maintained a minimum unobstructed and landscaped setback of twenty (20) feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest planned right-of-way. Said landscaped area shall conform to the provisions of Sections 132.1422 and 132.1423 of this ordinance.

N.

Business uses: Waiver of side yard(s). The Planning Commission may waive one (1) or both side yard requirements of buildings in the B-1 and B-2 Districts provided that adequate access to the rear of the property is provided by one (1) of the following manners:

1.

There shall be provided on every lot in B-1 and B-2 Districts on which is located a permitted building at least one (1) side yard not less than twenty (20) feet wide for access to the rear yard. If the permanent building is not placed on the property line of the remaining side to allow for a common wall, then a setback of at least three (3) feet is required for maintenance; or

2.

A dedicated alley or service aisle or permanent easement of access to the rear of the property is provided; or

3.

An overall master site development plan is presented to the Planning Commission, agreed upon by all affected property owners; which plan includes building elevations for said commercial center, adequate off-street parking and loading area, access to all buildings and the rear of the property for police and fire vehicles.

Side yard requirements for the B-1 and B-2 Districts shall not be waived if any one of the following conditions exists:

1.

Where side yards are adjacent to a public right-of-way,

2.

Where side yards abut property zoned in an A-1, R-1, RM-1 or MHD District, or

3.

Where the continuous development of stores exceeds five hundred (500) feet.

O.

Industrial uses: Parking in yard (conditions). Off-street parking may be permitted in a portion of the required front yard provided that such off-street parking is not located within fifty (50) feet of the front lot line. Any portion of a required front yard not used for off-street parking shall be planted in lawn, landscaped, and maintained in a healthy and growing condition.

Required side or rear yards may be used for off-street parking or loading and unloading provided that in such instances the Planning Commission shall review and approve the proposed parking and site plan to determine that sufficient access to the rear of the building is provided for fire fighting or other emergency type equipment.

P.

Industrial uses: Additional conditions.

1.

No building shall be located closer than fifty (50) feet to the outer perimeter (property line) of such district when said property line abuts any A-1, R-1, RM-1 or MHD District.

2.

A heavily planted, completely obscuring, year-round greenbelt not less than twenty (20) feet wide, an obscuring wall or a landscaped earth berm (as approved by the Planning Commission) shall be provided on those sides of the property used or planned for open storage, parking or service drives, loading, unloading or servicing and which abuts land in any A-1, R-1, RM-1 or MHD District. The extent of such greenbelt, wall or berm may be determined by the Planning Commission on the basis of usage. Such wall shall not be less than six (6) feet in height and may, depending upon land usage, be required to be eight (8) feet in height. Said greenbelt, wall or berm shall be subject further to the requirements of Sections 132.1414 and 132.1423.

Q.

Commercial and industrial uses: Access to office, commercial, or industrial uses shall generally not be through property zoned A-1, R-1, RM-1, or MHD. (See Section 132.1418).

R.

Minimum floor areas per unit for single- and two-family dwellings are as follows:

One-bedroom unit: 750 sq. ft.

Two-bedroom unit: 864 sq. ft.

Three-bedroom unit: 1,000 sq. ft.

Four-bedroom unit: 1,200 sq. ft.

Plus 120 sq. ft. for each additional bedroom over four (4).

S.

Averaged lot size.

1.

The intent of this section is to permit the subdivider or developer to vary his lot sizes and lot widths so as to average the minimum size of lot per unit as required in Article IX, "Schedule of Regulations", for each One-Family Residential District. If this option is selected, the following conditions shall be met:

a.

In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than ten (10) percent below that area or width required in the "Schedule of Regulations", and shall not create an attendant increase in the number of lots.

b.

Each final plat submitted as part of a preliminary plat shall average the minimum required for the district in which it is located.

c.

All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat.

T.

Subdivision Open Space Plan.

Intent: The intent of the Subdivision Open Space Plan is to promote the following objectives:

(a)

Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets.

(b)

Encourage developers to use a more creative approach in the development of residential areas.

(c)

Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and by allowing the developer to by-pass natural obstacles on the site.

(d)

Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.

1.

Modifications to the standards as outlined in Article IX, "Schedule of Regulations", may be made in the One-Family Residential Districts when the following conditions are met:

a.

The lot area in all One-Family Residential Districts, which are served by a public sanitary sewer system, may be reduced up to twenty (20) percent. In the A-1 District this reduction may be accomplished in part by reducing lot widths up to twenty-five (25) feet. In the R-1 Districts this reduction may be accomplished in part by reducing lot widths up to ten (10) feet. These lot area reductions shall be permitted provided that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each One-Family District under Article IX, "Schedule of Regulations". All calculations shall be predicated upon the One-Family Districts having the following gross densities (including roads):

A-1 = 0.8 dwelling units per acre
R-1 = 3.2 dwelling units per acre

b.

Rear yards may be reduced to thirty (30) feet when such lots border on land dedicated for park, recreation, and/or open space purposes, provided that the width of said dedicated land shall not be less than one hundred (100) feet measured at the point at which it abuts the rear yard of the adjacent lot.

c.

Under the provisions of item (a) above of this section, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in the "Schedule of Regulations", at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision in a manner approved by the City.

d.

The area to be dedicated for subdivision open space purposes shall in no instance be less than four (4) acres and shall be in a location and shape approved by the Planning Commission.

e.

The land area necessary to meet the minimum requirements of this section shall not include bodies of water, swamps or land with excessive grades making it unsuitable for recreation. All land dedicated shall be so graded and developed as to have natural drainage. The entire area may, however, be located in a flood plain.

f.

This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to the Legislative Body and the subdivider or developer.

g.

This plan, for reduced lot sizes, shall be started within six (6) months after having received approval of the final plat, and must be completed in a reasonable time. Failure to start within this period shall void all previous approval.

h.

Under this planned unit approach, the developer or subdivider shall dedicate to total park area (see item (a) above) at the time of filing of the final plat on all or any portion of the plat.

(Ord. of 7-25-07)