Fox Chapel City Zoning Code
ARTICLE III
Districts
§ 400-6 Districts designated.
[Amended 10-15-1984 by Ord. No. 450; 2-16-1987 by Ord. No. 468]
A.
For the purpose of this Part 1, the Borough of Fox Chapel is hereby divided into five classes of districts, which shall be designated as follows:
A | Residence Districts |
B | Residence Districts |
C | Residence Districts |
D | Residence Districts |
I-O | Institutional/Open Space Districts |
B.
The Borough of Fox Chapel is hereby also divided into a series of overlay districts, which are listed below and shown on the Borough Watershed Map.
(1)
Stormwater management districts. These districts are established according to the boundaries of the watersheds designated by the Pennsylvania Department of Environmental Protection in accordance with the Pennsylvania Storm Water Management Act (Act 167 of 1978, as amended) and the watershed stormwater management plans prepared pursuant thereto:
(2)
Floodplain management districts. These districts are established as those areas subject to the one-hundred-year flood as shown in the federal flood insurance studies. Copies of the studies and maps are available in the Borough office.
§ 400-7 Zoning Map.
A.
The boundaries of districts shall be as described by metes and bounds in previous ordinances of Fox Chapel Borough and as shown on the map dated April 2004 and made a part of this Part 1, which map shall be known as the "Zoning Map of Fox Chapel Borough." Said map and all notations, references and data shown thereon are hereby incorporated by reference into this Part 1 and shall be as much a part of the ordinance as if all were fully described herein.[1]
B.
The Zoning Map of Fox Chapel Borough shall be identified by the signature of the President of Council, attested by the Borough Secretary, and bear the Seal of the Borough under the following words: "This is to certify that this is the Zoning Map referred to in Section 302 of Ordinance Number 319 of the Borough of Fox Chapel, Pennsylvania," together with the date of the adoption of this Part 1.[2]
C.
The Borough Manager shall be custodian of said Map and shall enter changes to district boundaries or other matter shown on the Map when, and only when, such changes have been properly adopted by Borough Council, according to law. Each such change shall be identified on said Map with an entry stating the number of the authorizing ordinance, the date of said ordinance, the date when such change is actually entered upon the Map, and a brief description of the change. Said entry shall be signed by the President of Council and attested by the Borough Secretary. No amendment to this Part 1 which involves matter portrayed on the Zoning Map shall become official until after such change and entry have been made on said Map.
§ 400-8 District boundaries.
Where any conflict exists between the metes and bounds description of district boundaries and the boundary lines as depicted on the Zoning Map of Fox Chapel Borough, the metes and bounds description shall be controlling. Where there are any omissions or ambiguities in the metes and bounds description, the Zoning Map of Fox Chapel Borough shall be controlling. In so interpreting the Zoning Map of Fox Chapel Borough, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines;
B.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
C.
Boundaries indicated as approximately following Borough limits shall be construed as following such Borough limits;
§ 400-9 Boundary tolerance.
Where a district boundary line divides a lot held in single and separate ownership at the effective date of this Part 1, the Zoning Hearing Board may permit, as a variance, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
§ 400-10 District regulations.
[Amended 10-15-1984 by Ord. No. 450; 2-16-1987 by Ord. No. 468; 8-16-2004 by Ord. No. 640]
District regulations shall be as set forth in the Schedule of District Regulations, which is hereby adopted by reference and declared to be part of this Part 1,[1] and as set forth in § 400-11 of this Part 1. The regulations set forth for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. Except where otherwise provided in this part, the following rules shall apply:
A.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
C.
No lot existing at the time of passage of Ordinance No. 319 shall be reduced in dimension, area or setback below the minimum requirements set forth herein; providing, however, that lots reconfigured pursuant to a simple lot-line change, including those reconfigured after July 20, 1992, shall be governed by the dimensions and setbacks in effect when the lots were first created.
D.
All territory which may hereafter be annexed to the Borough of Fox Chapel shall be considered to be in the A Residence District unless otherwise classified.
E.
All uses or lots in all districts shall comply with the requirements and standards for managing stormwater runoff in the stormwater management district in which the use or lot is located, as contained in Code Chapter 380, Subdivision and Land Development; and applicable provisions of the Borough Building Code, Ordinance 422, as amended, Code Chapter 160; and the Natural Resources Assessment and Protection Ordinance of 1983, Ordinance No. 433, as amended, Code Chapter 363, Part 2.
[1]
Editor's Note: The Schedule of District Regulations is an attachment to this chapter.
§ 400-11 Institutional/Open Space District (I-O).
[Added 10-15-1984 by Ord. No. 450; amended 7-17-1989 by Ord. No. 498; 6-17-1991 by Ord. No. 521; 7-18-1994 by Ord. No. 556; 4-17-1994 by Ord. No. 566; 2-20-1995 by Ord. No. 568; 12-18-1995 by Ord. No. 574; 10-19-1998 by Ord. No. 598; 12-18-2006 by Ord. No. 650; 1-16-2007 by Ord. No. 651; 1-16-2007 by Ord. No. 652; 9-19-2011 by Ord. No. 680]
A.
Intended purpose. It is the purpose of the I-O District to recognize and provide for the special needs of institutional uses, including educational and outdoor recreational uses. Among other things, this district is intended:
(1)
To preserve the open character of large areas of the Borough which now are dominated by or are peculiarly suited to institutional, recreational and open space uses;
(2)
To encourage a harmonious pattern of institutional development which can mutually benefit the Borough and the institutions themselves; and
(3)
To address the possible need to consider alternative future uses of institutional or open space properties, or portions thereof.
B.
Uses and structures. A lot or parcel may be used or a building or structure or combination of buildings or structures may be erected and used for any of the following purposes:
(1)
Educational institution, including dormitory of an educational institution.
(2)
Church or other place of worship.
(3)
Religious or philanthropic use, excluding correctional or penal institutions, or nursing care facility.
(4)
Municipal building, library, emergency medical services facility, fire engine house, parkland, common open space, undisturbed common open space, undisturbed open space or other property that is owned by a land stewardship entity and is restricted from development or disturbance.
(5)
Private golf, tennis, riding or other indoor or outdoor recreation club. For purposes of this section and this Part 1, "club" shall mean a group of people organized for a common purpose and which is designed to serve the interests of its members and guests, and not to financially benefit private parties.
(6)
Water storage facilities, amateur radio communications towers, communications towers, and oil and gas operations, but only in each case as a conditional use subject to the standards applicable to any of the foregoing found in § 400-14 hereof. The requirements of this section shall also apply to any of the foregoing uses and structures.
[Amended 7-16-2018 by Ord. No. 706]
(7)
Uses customarily accessory and clearly incidental and subordinate to the uses described above which meet all other applicable requirements of this chapter. For example:
(a)
Seasonal and holiday sales, with related temporary signage, even when those sales may generate revenues used in carrying out the exempt purposes of the primary use. Examples include holiday sales in churches and clubs and farm markets open to the public; not included are continuing, regular sales of goods.
(b)
Job fairs, camp fairs, charitable organization expos, and work projects which provide opportunities or training related to the exempt purposes of the primary use.
(c)
Meetings, speeches, performing arts programs, and public forums on subjects relating to the exempt purposes of the primary use.
(d)
Columbariums and memorial gardens (but not cemeteries) accessory to a church, which satisfy all applicable legal requirements.
(e)
Preschools, day-care centers and playgrounds accessory to churches and schools, and schools accessory to churches.
C.
General requirements applicable to all uses.
(1)
The proposed use shall be served by a public sewer in all instances where buildings are erected for human occupation or use and where the lot size is less than four acres or where the use will exceed 20 occupants.
(2)
Any proposed use involving buildings or structures shall have direct access to a road classified by the Borough as an arterial or collector road.
(3)
The proposed use shall not require extensive cut or fill on the building site. In particular, the benching of hillsides shall not be permitted under any circumstances.
(4)
New construction and/or renovation associated with the proposed use shall result in buildings that are compatible with those of the surrounding neighborhood in terms of size, appearance and location, or whose incompatibilities are ameliorated through the design requirements of this Part 1.
(5)
The height of any new building shall not exceed three stories or 40 feet, whichever is less; provided, however, that this limit may be waived by Borough Council in the case of church steeples, gymnasiums, water storage facilities and communications towers.
D.
Areas bulk and design requirements. The applicant shall submit to the Zoning Officer sufficient documentation to demonstrate compliance with the following requirements, as applicable:
(1)
Educational institution, including dormitory of an educational institution.
(a)
The minimum land area for a proposed institution organized for the giving of instruction of any kind or nature shall be as follows:
[1]
Elementary school: seven acres, plus one additional acre for each 100 pupils of ultimate enrollment.
[2]
Junior high school: 15 acres, plus one additional acre for each 100 pupils of ultimate enrollment.
[3]
Senior high school: 25 acres, plus one additional acre for each 100 pupils of ultimate enrollment.
[4]
School with dormitory: 10 acres in addition to the area derived from the calculation in Subsection D(1)(a)[1], [2] or [3] above.
(b)
The proposed school shall be situated where it can be served by an existing sanitary sewer.
(c)
The proposed school shall have direct access to a road classified as an arterial or collector road by the Borough.
(d)
The proposed school shall not require extensive cut or fill on the building site. In particular, the benching of hillsides shall not be permitted under any circumstances.
(e)
Off-street school bus loading zones shall be clearly marked and located so as not to present safety hazards or conflict with the internal circulation system of the site.
(f)
Off-street parking shall be provided at the rate of one space per projected employee, plus one space for every 20 pupils of ultimate enrollment in an elementary school and one space for every 10 pupils of ultimate enrollment in a junior or senior high school.
(g)
No building or other structure shall be located within a distance of 100 feet from any street or property line. No playground, play field or other active recreation facility shall extend closer than 50 feet to any property or street line.
(h)
Not more than 30% of the lot area shall be covered by buildings.
(i)
No structure for seating spectators at athletic events (except a gymnasium or auditorium completely enclosed within building) shall be located closer than 200 feet to any residential property line. One off-street parking space shall be provided for every three spectator seats in any such facility.
(j)
No dormitory or classroom building shall exceed 40 feet in height. No gymnasium or auditorium shall exceed 50 feet in height.
(2)
Church or other place of worship.
(a)
The minimum land area for the proposed use shall be four acres.
(b)
The proposed use shall have frontage upon an arterial or collector road, as classified by the Borough. All access to off-street parking shall be directly from such a road.
(c)
Not less than one off-street parking space shall be provided for every four seats of pew space in the proposed use, plus one space for each projected employee during the period of maximum employment.
(d)
The proposed use shall not be located at a distance of less than 50 feet from any street or property line.
(e)
Churches and other places of worship shall be erected only at such locations where public sanitary sewers are available, and the building must be connected to the sanitary sewer.
(f)
Not more than 30% of the lot shall be covered by buildings, and at least 30% of the lot area shall be free of any impervious surface.
(3)
Religious or philanthropic use, excluding correctional or penal institutions, or nursing care facility.
(a)
The minimum land area for the proposed use shall be four acres.
(b)
The proposed use shall not be one which generates a greater volume of traffic than is usual and acceptable in a residential area.
(c)
All new construction or renovation shall be set back a minimum distance of 50 feet from any street right-of-way or property line.
(d)
The proposed use shall meet the same standards with respect to sewerage, grading and road accessibility which are set forth in this section on educational institutions.
(e)
Not more than 30% of the total lot area shall be covered by buildings or other impervious surfaces.
(f)
Sufficient off-street parking shall be provided for any proposed use such that there is a minimum of one space for each projected employee during the period of maximum employment. In addition, uses providing hospital or similar type care shall provide one parking space per three beds; uses of an educational nature shall provide one parking space per five students. Landscaping of parking areas shall be in accordance with the terms of § 400-70C(6) of the Fox Chapel Borough Planned Residential Development Ordinance (Part 2 of this chapter).
(i)
The height of any new building shall not exceed three stories or 40 feet, whichever is less.
(4)
Municipal building or fire engine house.
(a)
The proposed use shall meet the same standards with respect to grading, off-street parking and road accessibility, which are set forth in this section for educational institutions.
(b)
No more than 50% of the lot area shall be covered by buildings, and at least 20% of the lot area shall be free of any impervious surface.
(c)
All new construction or renovation shall be set back a minimum of 50 feet from any street right-of-way or property line.
(5)
Private golf, tennis, riding or other indoor or outdoor recreation club.
(a)
The minimum land area for the proposed use shall be four acres.
(b)
The proposed use shall meet the same standards with respect to grading which are set forth in this section for educational institutions.
(c)
The proposed use shall have frontage upon an arterial or collector road, as classified by the Borough. All access to off-street parking shall be directly from such a road.
(d)
Sufficient off-street parking shall be provided in relation to the character and intensity of the proposed use; landscaping of parking areas shall be in accordance with the terms of § 400-70C(6) of the Fox Chapel Borough Planned Residential Development Ordinance (Part 2 of this chapter).
(e)
The following standards shall apply to all new construction or renovation:
[1]
The building shall be located at a distance not less than 50 feet from any street line and not less than 100 feet from any other property line, except that where the property adjoins Borough parkland the setback may be reduced to 50 feet.
(6)
Future use of lands in the I-O District. It is the intent of this section that provisions be made to ensure appropriate future uses in the case of the nonuse, abandonment or sale of lands presently included within the I-O District. In such event, the Borough Council, in accordance with established statutes and ordinances, shall consider the suitability of such tract for continued institutional or open space use or for uses permitted in the residential district deemed by Borough Council to be most applicable to the land in question and shall, where deemed appropriate, consider amending the Zoning Map to accommodate such uses.