Leetsdale City Zoning Code
ARTICLE III
General Regulations
§ 300-10 Nonconforming uses.
The following provisions shall apply to all nonconforming uses:
A.
A nonconforming use may be continued but may not be extended, expanded, or changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions of this chapter.
B.
Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if such reconstruction is performed within 18 months of such casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.
C.
In the event that any nonconforming use, conducted in a structure or otherwise, ceases or is abandoned for whatever reason, for a period of 18 months, such nonconforming use shall not be resumed.
D.
A nonconforming use which occupies a portion of a structure or premise may be extended within such structure or premise as they existed when the prohibitory provision took effect, but not in violation of the area and yard requirements of the district in which such structures or premises are located. No change of a nonconforming use shall entail structural alterations or any additions other than those required by law for the purpose of safety and health.
E.
The Board may impose such conditions as it deems necessary for the protection of adjacent property and the public interest.
§ 300-11 Water recreation facilities.
Any facility for water recreation, such as private swimming pools and swimming clubs, shall comply with the following requirements:
A.
The facility shall conform with the setback requirements for residential structures.
B.
The facility shall be enclosed by a fence no less than four feet high to prevent uncontrolled access by small children, if prescribed by the Zoning Hearing Board for safety reasons.
C.
The facility, if operated to attract visitors, shall comply with parking requirements established under § 300-12 of this chapter.
D.
Before a zoning certificate shall be issued to the operator or owner of the facility, a plan shall be submitted to the Zoning Hearing Board showing size of facility, proposed use, parking arrangement and use of buildings on the site, surrounding properties and their usage, and any other pertinent information.
§ 300-12 Off-street parking.
[Amended 9-22-1980 by Ord. No. 445]
Off-street parking spaces shall be provided in accordance with the specifications in this section in any district whenever any new use is established or existing use is enlarged. No parking bay shall be narrower than nine feet. The minimum area per car in a parking lot shall be 180 square feet.
A.
Number of spaces required. The number of parking spaces to be provided shall not be less than the following:
Use | Parking Spaces Required | |
|---|---|---|
Residential | 2 per dwelling unit | |
R-SC Residential Senior Citizen | 1 for every 4 dwelling units | |
Church and school | 1 per 6 seats in principal assembly room | |
Private club or lodge | 1 per 4 members | |
Theater | 1 per 4 seats | |
Hospital and clinic | 1 per 3 beds and 1 for each 2 employees on the maximum working shift | |
Professional offices, business services and wholesale business | 1 for every 250 square feet of floor space | |
Retail businesses, eating and drinking places, and personal | 1 for every 100 square feet of floor space | |
Industrial uses | 1 for each employee on the maximum working shift |
B.
Off-street loading. On or after date of adoption no application for a building permit for the construction or substantial reconstruction of any principal building shall be approved unless there is included with the plan for such building a plot plan showing the amount of off-street loading berths to be provided in connection with such construction or reconstruction in accordance with the following regulations:
Building Type | Floor Area (square feet) | Number of Loading Berths Required | |
|---|---|---|---|
Banks: | |||
Less than 40,000 | 0 | ||
40,000 — 100,000 | 1 | ||
More than 100,000 | 1 for each 100,000 square feet or fraction thereof | ||
Hospitals, municipal | Less than 10,000 | 0 | |
Buildings, public or private recreation | 10,000 — 100,000 | 1 | |
Buildings and other similar uses | More than 100,000 | 1 for each 100,000 square feet or fraction thereof | |
Manufacturing and industrial buildings: | |||
Less than 2,000 | 0 | ||
2,000 — 40,000 | 1 | ||
40,000 — 100,000 | 2 | ||
More than 100,000 | 2 plus 1 for each additional 100,000 square feet or fraction thereof | ||
Retail establishments (individual or in groups): | |||
Less than 2,000 | 0 | ||
2,000 — 5,000 | 1 | ||
5,000 — 25,000 | 2 | ||
25,000 — 40,000 | 3 (includes 1 berth 10 feet x 45 feet) | ||
40,000 — 100,000 | 4 (includes 2 berths 10 feet x 45 feet) | ||
100,000 — 250,000 | 5 (includes 3 berths 10 feet x 45 feet) |
(1)
All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two-ton capacity shall be closer than 30 feet to any property in a residential district unless completely enclosed by building walls, or a uniformly painted wall or fence, or any combination thereof, not less than five feet in height. No permitted or required loading space shall be located within 30 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required front yard.
(2)
Each required off-street loading space shall be designed with appropriate means of vehicular access to a street in a manner which will least interfere with traffic movement.
(3)
All drives and loading berths shall be surfaced with a bituminous or other dust-free surface.
(4)
No motor vehicle repair work or service shall be permitted in conjunction with loading spaces.
(5)
Space allocated to off-street loading shall not be used to satisfy the space requirements for off-street parking.
(6)
For special uses other than those prescribed for herein, off-street loading berths adequate in number and size, shall be provided, as determined by the Borough Planning Commission.
§ 300-13 Fences.
[Amended 3-23-1976 by Ord. No. 432; 12-14-1988 by Ord. No. 485; 10-9-1991 by Ord. No. 497;12-8-2022 by Ord. No. 682 ]
A.
Applicability. The following regulations, restrictions and specifications shall govern and control all fences in the Borough of Leetsdale.
B.
Specifications adopted by reference. The Manual, "How to Build Fences and Gates," published by Lane Books, Menlo Park, California, Fourth Printing, 1972, is hereby adopted as the reference for the hereinafter mentioned descriptive specifications for fences in the Borough of Leetsdale, and page numbers hereinafter recited shall refer to said guide.
C.
Construction standards. All fences erected must be of good quality and must be firmly and sturdily footed in the ground.
D.
Fence height; residential and commercial areas.
(1)
In front of or along side of a dwelling or structure, only open fences shall be permitted and shall not exceed a height of four feet. This shall include any and all front yard or side yard fences, without exception.
(2)
To the rear[1] of a dwelling or structure, open wood fences shall be permitted, provided they do not exceed a height of six feet. Fences shall be set back a minimum of six inches from the front, side and rear property lines.
[1]
The rear of a dwelling or structure shall mean the furthest exterior wall located closest to the rear lot line.
(3)
To the rear of the dwelling or structure, open chain link or ornamental iron fences shall be permitted, provided they do not exceed a height of eight feet.
(4)
Fences shall be set back a minimum of six inches from the front, side and rear property lines.
(5)
The front side line of any property shall be considered to extend to a point opposite the rear external wall of any adjoining dwelling or structure.
E.
Common fences; residential area.
(1)
A fence already erected in rear of a dwelling or structure in a residential area shall be considered a common fence with adjoining property owners, provided it is solid and at least five feet in height. Said adjoining owner shall not be permitted to erect an additional fence. If the existing fence is open, the neighbor can erect a solid fence up to six feet in height.
(2)
In the event a solid common fence of at least five feet in height exists and does not enclose the entire area (i.e. the area behind the dwelling or structure), the neighboring resident shall begin any further solid fencing at a point where the existing fence ends.
(3)
A fence already erected along a side area of a dwelling or structure in a residential area shall be considered a common fence with adjoining property owners, provided it is at least 3 1/2 feet in height. Said adjoining owner shall not be permitted to erect an additional fence.
(4)
In the event a common fence of at least 3 1/2 feet in height exists and does not enclose the entire side area (i.e., the area in front of or along side of a dwelling or structure), the neighboring resident shall begin any further fencing at a point where the fence ends.
(5)
Any common fence shall have the finished surface on the exterior side and fence supports shall be erected on the interior side of the fence.
F.
Fences; industrial area.
(1)
No solid fences shall be permitted unless around junkyards, salvage yards or other types of activity where aesthetic reasons dictate same. Any exception shall be at the discretion of the Building Official.
(2)
A chain link fence is permitted to a maximum height of 10 feet.
(3)
Other open fences are permitted to a maximum height of eight feet.
(4)
Barbed wire topping that is designed to cut or injure shall only be permitted upon request to Council and approval by a majority vote at a public Council meeting.
G.
Open fences.
(1)
Open fences may be constructed of ornamental metal, welded wire fence fabric, chain link, or wood. (See applicable section of the Manual.)
(2)
Open ornamental iron fences of bar construction are permitted, provided the solid to open ratio shall be a maximum of one solid to two open and a minimum of one solid to four open. (See page 56 of Manual.)
(3)
Open wood picket fences are permissible, provided the solid open ratio shall be a maximum of one solid to 1/2 open section and a minimum ratio of one solid to one open section.
(4)
Open post and rail fences shall have a maximum ratio of one solid to one open and a minimum ratio of one solid to two open sections. (See applicable section of the Manual.)
H.
Solid fences. Solid fences shall be of wood construction and of types and styles as shown on page 16 of the Manual. In addition, stockade and solid picket fences shall be permitted. Fences of other material such as shown on pages 40 through 61 of the Manual may be permitted with special approval of the Building Official and Council.
I.
Fences on slopes.
(1)
Fences on sloping ground may have their top surfaces parallel to the ground and shall not exceed the height as set forth in Subsection D of this section.
(2)
Step fence height shall not exceed the maximum as set forth in Subsection D of this section, and no drop in elevation for any run of fence shall exceed two feet from the top of the preceding section or run. (See page 13 of the Manual.)
(3)
In the event a retaining wall exists between neighboring properties, the height of any fence shall be measured from the ground level of the property having the higher elevation.
J.
Hedges.
(1)
A fence may consist of hedges or bushes in any area, provided same are kept well trimmed and do not exceed a reasonable height with respect to its location and with respect to neighboring properties.
(2)
Said hedges or bushes shall not extend over a property line or onto a public right-of-way. Nor shall they block the view of a public thoroughfare, sidewalk or intersection.
K.
General provisions.
(1)
Fences shall not be constructed of railroad ties, concrete or cinder block, stone, poured concrete, fiber glass, asbestos sheets, aluminum or steel sheets or any similar materials without the express consent of the Building Official or Council. (See pages 54 through 61 and 81 through 85 of the Manual.)
(2)
Barbed wire topping on fences is specifically prohibited in all areas except as specified in Subsection F.
(3)
Electrically charged fences are prohibited.
(4)
No fence or hedge shall exist in such a manner as to obstruct the traveling public's view of a public thoroughfare or intersection.
(5)
Any fence erected in any area, residential, commercial or industrial shall have the finished surface on the exterior side and fence supports shall be erected on the interior side of the fence.
(6)
Any fence erected which is made of a metal fabric or which is partially made of any metal fabric shall be galvanized or otherwise treated to prevent the formation of rust, and the metal used in the fabric shall be at least eleven gauge or heavier unless it is subject to the provisions of the Building Code regarding fences around pools.
L.
Permit required. A permit from the Building Official shall be required for all fences, open or solid, four feet or greater in height.
§ 300-14 Planned unit development: residential, commercial and industrial.
[Amended 10-9-1991 by Ord. No. 497]
The provisions set forth in this section are adapted to encourage original and imaginative planning of future residential, commercial and industrial developments within the Borough and to preserve or create physical and economic amenities that will be a continuing asset to the community. The Planned Unit Development provision of the chapter shall be administered by the Planning Commission which shall review all applications on the basis of specified standards, conditions, regulations and procedures. The Planning Commission shall make recommendations to the Borough Council which shall conduct public hearings and have final authority to approve, modify or disapprove plans according to the provisions of Article VII of the Pennsylvania Municipalities Planning Code, Act 247.[1] The developer shall obtain approval from the Borough Planning Commission and Borough Council of an overall plan for the development of the land and submit a written statement setting forth the reasons why, in his opinion, a planned unit development would be in the public interest and would be consistent with community development objectives. A planned unit development shall meet the following requirements:
A.
The area of land to be developed is not less than two acres for residential and commercial and six acres for industrial.
B.
The use of the land does not differ from the uses permitted in the district.
D.
The developer shall submit to the Planning Commission a preliminary plan prepared by a registered landscape architect, registered architect, or registered engineer. The overall plan shall show location, size and topography of site, density (if residential), building coverage, building types, open spaces, sewage disposal, covenants, easements, or other restrictions, provisions for parking of vehicles, off-street loading and location and width of proposed street and public ways, proposed landscaping and schedule of development.
E.
The planned unit development shall be reviewed by the Planning Commission for compliance with intent of the Zoning Chapter, development objectives of the Borough and adherence to subdivision procedure. The Planning Commission, in its review of an application for a planned unit project, shall consider the following:
(1)
The protection of surrounding properties, persons and neighborhood aesthetic and economic values. No planned unit development shall be considered which shall have a detrimental effect on neighboring properties.
(2)
The provisions for future public education, recreation, water supply, sewage disposal, surface drainage and fence control.
(3)
The preservation of existing site amenities such as trees, streams or historic sites from ruin covered by indiscriminate grading for site improvements.
F.
Residential planned unit development.
(1)
There shall be no minimum lot size, percentage of lot coverage or lot width. However, every single-family dwelling shall have access to a public street, court, walkway to other areas dedicated to public use. No structure or group of structures shall be erected within 20 feet of any other structure or group of structures. There shall be a yard setback of at least 20 feet along the perimeter of each planned unit development tract and adjacent to all adjoining roads.
(3)
Open space. A minimum of 20% of the total site shall be set aside for open-air recreational uses and other usable open space, but it shall not include usable open space which is available for use by the general public or by persons who do not reside in a residence or groups of residences immediately adjacent to it.
(4)
Protection of open space. Open space between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyance or dedication, as the Planning Commission shall specify.
(5)
Defaults. In cases where the Borough will not be accepting dedication of streets, recreation area or open spaces, the landowner shall provide for an organization or trust for ownership and maintenance. In the event of default the Borough may assume control and the resulting costs may be assessed by municipal lien against the properties that have right of enjoyment of the spaces and facilities as specified by applicable state statutes.
G.
Roads and parking areas. The dimensions and construction of roads and parking areas within the development, whether or not dedication to the Borough is contemplated, shall conform with all applicable Borough ordinances and regulations. The parking and off-street loading requirements shall meet standards of § 300-12.
H.
Commercial and industrial planned unit developments. This chapter encourages the development of commercial and industrial projects as planned unit developments. The lot coverage provisions shall be as shown under § 300-8.
(1)
Lot and yard requirements. There shall be a building setback of at least 20 feet along the perimeter of each planned unit development tract and adjacent to all adjoining roads. There are no specific open space requirements. If open space is proposed for dedication, the owner shall adhere to the provisions of Subsection F(4), "Protection of open space." The intent of this article is to encourage, through the joint review of an overall site plan, developments that employ new and constantly changing technology of land development and relate the development to the specific site.
I.
Review and approval procedure of a planned unit development. Review and approval of residential planned unit projects shall be according to the provisions of Act 247, as amended.[2] Review and approval of commercial and industrial planned unit developments shall be similar to that required under Act 247, as amended, which specifically pertains to residential development. Substitute words "commercial or industrial" for "residential" where applicable in the provisions of the Act.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
§ 300-15 Temporary structures.
Temporary structures and trailers used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued or re-issued for a six-month period.
§ 300-16 Signs.
No sign, billboard, or exterior graphic display shall be permitted in any district except as herein provided.
A.
In any district a sign not exceeding one square foot in surface size is permitted which announces the name, address, home occupation, or professional activity of the occupant of the premises on which said sign is located.
B.
A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or similar public structure.
C.
A temporary real estate or construction sign of reasonable size is permitted on the property being sold, leased or developed. Such sign shall be removed promptly when it has fulfilled its function.
D.
Business signs shall be permitted in connection with any legal business or industry when located on the same premises, and if they meet the following requirements:
(1)
Signs shall not contain information or advertising for any product not sold on the premises.
(2)
Signs shall not have a combined aggregate surface size greater than five square feet for each foot of width of the principal structure on the premises.
(3)
Signs shall not project over public rights-of-way.
(4)
Signs and structures shall not be illuminated in any manner which causes undue distraction, confusion or hazard to vehicular traffic, or cast light or glare upon other properties. Signs shall not be animated, revolving or have flashing lights.
(5)
Any freestanding sign shall not be over 30 feet in height.
E.
Directional signs of a reasonable size shall be permitted in connection with any legal business or industry, provided they contain no information other than instructions for convenience of vehicular traffic in reaching such business or industry.
§ 300-17 Home occupations.
Any home occupation such as art studios, dressmaking, teaching, or the professional office of a physician, dentist, lawyer, engineer, architect or accountant, shall be permitted as an accessory use if it complies with the requirements of this section. A home occupation shall not be interpreted as commercial stables, kennels and restaurants.
A.
The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who is not part of the family.
B.
The home occupation shall be carried on wholly within the principal or accessory structures.
C.
Exterior displays or signs other than those permitted under § 300-16, exterior storage of materials, and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
D.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
E.
Articles not produced on the premises shall not be sold on the premises.
§ 300-18 Site plan.
A.
In all districts, except for single-family dwellings, the uses shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this chapter, be in accordance with a site plan. The site plan for a planned unit development shall also conform to provisions under § 300-14. The site plan shall first be presented to the Planning Commission for its review and comments. Before commencing site preparation or construction of any structure, the site plan must have the approval of Borough Council. The site plan shall show, as proposed, the location of main and accessory structures on the site and in relation to one another, traffic circulation within the site; the location of vehicular access onto the site; the height and bulk of structures; the provision of automobile parking; the provision of other open space on the site; the landscaping, paving, fencing and walls on the site; and the display of signs.
B.
In approving the site plans, the Borough Council may act on the site plan submitted to it or may act on its own initiative in proposing the approving of a site plan. In considering any site plan, the Planning Commission and Borough Council shall endeavor to assure safety and convenience of traffic movement both within the site covered and in relation to access streets, harmonious and beneficial relationship of structures and uses on the site as well as contiguous properties. To this end, Borough Council may limit vehicular access by plan.
§ 300-19 Manufactured home parks.
[Amended 10-14-1992 by Ord. No. 507]
Manufactured homes shall be permitted if the following conditions are met:
A.
Manufactured homes shall be permitted only in approved manufactured home parks.
B.
No manufactured home park shall be permitted unless it meets the following requirements:
(1)
No manufactured home park shall have an area of less than two acres.
(2)
Every manufactured home site within the park shall have an area of not less than 1,800 square feet.
(3)
No manufactured home shall be sited within 40 feet of any adjacent property.
(4)
Not less than 10% of the gross area of the park shall be improved for recreational activities of the residents of the park.
(5)
The park shall be appropriately landscaped and screened from adjacent properties.
§ 300-20 Performance standards.
[Amended 10-9-1991 by Ord. No. 497]
No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious, or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration, glare, attract vermin or rodents, or constitute a nuisance or be detrimental to the health, safety, morals or general welfare of the community, or to any other persons or property in the Borough. Furthermore, any use of land or structure in any district must observe the following performance requirements:
A.
Fire protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be prohibited.
D.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
E.
Air pollution. No pollution of air by flyash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property.
F.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
G.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
H.
Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Resources.
§ 300-21 Utility buildings.
[Added 10-9-1974 by Ord. No. 427; amended 2-8-1989 by Ord. No. 487]
A.
Requirements. All utility buildings erected or constructed in the Borough of Leetsdale shall meet the following requirements:
(1)
Said utility building shall be freestanding and self-supporting, prefabricated structure, unattached to any walls or section of the residential dwelling or dwellings. These buildings shall be fabricated from galvanized or aluminum sheet metal with a finish coat of baked-on enamel finish. Wood-painted or stained utility buildings are also acceptable.
(2)
The utility buildings shall be located at a minimum possible distance away from any and all residential dwellings and to the rear of the property.
(3)
Said utility buildings shall only be used for storage purposes.
(4)
Maximum dimensions.
(a)
In an area zoned residential, the maximum exterior floor dimensions shall be equal to 64 square feet. The vertical height to the highest point of the structure shall not exceed eight feet six inches.
(b)
In an area zoned commercial or industrial, the maximum exterior floor dimensions shall be equal to 120 square feet. The vertical height to the highest point of the structure shall not exceed eight feet six inches.
B.
Permit required prior to construction. No utility building shall be erected until obtaining a building permit from the Building Official of the Borough of Leetsdale.