Lower Burrell City Zoning Code
ARTICLE XVI
Lot Area Requirements and Exceptions
§ 300-127 Existing lots of record. [1]
Any lot of record existing at the effective date of this chapter may be used for the erection of a residence conforming to the use regulations of the zoning district in which it is located, even though its area and width are less than the minimum requirements of this chapter, subject, however, to the further restrictions of § 300-148, Nonconforming lots of record.
§ 300-128 Area exceptions.
The area exceptions listed in this section may be permitted by the Zoning Officer in the zoning districts and manner specified herein. Upon application, in accordance with the provisions of this chapter, the Zoning Hearing Board shall determine the reasonableness and propriety of an application for an area exception and may authorize the issuance of an occupancy permit in conformity with the provisions prescribed in this section and all other applicable regulations of this chapter unless otherwise excepted hereunder.
A.
Permitted obstructions; projections into all required yards.
(1)
Overhanging eaves, window sills, gutters, cornices and like architectural elements projecting 24 inches or less into the yard; open balconies above first floor level projecting 24 inches or less into the yard; removable operating awnings not including awnings permanently affixed to the buildings; steps of a height above grade of less than four feet; arbors, trellises, fences, walls and terraces and porches, landings and platforms, open to the sky not exceeding 42 inches in height above grade may be permitted in all yards.
(2)
Unenclosed open balconies may extend into side yards not more than 2 1/2 feet and into front and rear yards not more than four feet for one-family and two-family dwellings in residential districts. Balconies on multifamily structures may extend not more than five feet into required yards or open space between buildings.
(3)
Open fire escapes may extend into the side or rear yards not more than four feet and shall not be permitted in front yards.
(4)
Minor utility fixtures (streetlights and telephone poles, fire hydrants, gas and water line access) and articles of decoration (bird baths, benches or any unattached article that will enhance the appearance of a structure) around a main building may be located in any required yard.
(5)
An unenclosed porch no more than one story or 15 feet in height and 12 feet in depth may be erected in the front yard; in the rear yard, 20 feet in depth or 25% of yard depth, whichever is greater; provided, that no portion of such porch shall be closer to a side lot line than the required width of a side yard. This exception shall in no way be construed to include off-street loading areas. (See § 300-92). Any and all projections from commercial and industrial structures or parts of structures used for loading purposes shall meet off-street loading requirements.[1]
(6)
A buttress, chimney, cornice, pier or pilaster, projecting no more than 12 inches from the wall of the building may project into a required yard.
(7)
A screening wall, trellises or fence no more than 6 1/2 feet in height may be erected in any required side or rear yard or within buildable area. A fence not exceeding 10 feet in height may be built in any required yard for schools, playgrounds, parks or in any required side or rear yard in Commercial or Industrial Districts.
B.
Permitted obstructions in front, side and rear yards.
(1)
Front and rear yards. One-story bay windows projecting two feet or less into the yard may be permitted, as are permanent window awnings and permanent door canopies. Canopies and awnings shall project 3 1/2 feet or less into the yard and have no supporting poles.
(2)
Front yards on corner lots. Those uses permitted in required front yards may be permitted so long as such fence, wall, hedge, shrub or other object shall not in any way cause danger to traffic by obscuring vision to street or highway traffic.
(3)
Rear yards. Domestic laundry drying equipment, enclosed or unenclosed accessory buildings and open off-street parking stalls for use of the same zoning lot may be permitted.
C.
Reduction of front yard depth. Where a zoning lot:
(1)
Abuts the side lot line of only one lot occupied by a main building, exclusive of unenclosed front porches, which is less than 25 feet from the abutting common side lot line, the front yard requirement of such zoning lot may be the average depth of the front yard of the abutting occupied lot, and the depth required in the zoning district.
(2)
Abuts, on both sides, lots occupied by main buildings, exclusive of unenclosed front porches, which are less than 25 feet from the abutting common side lot lines, the front yard requirement of such zoning lot may be the average depth of the front yards of the abutting occupied lots.
D.
Reduction of rear yard depth. On a through lot, the rear yard depth shall be not less than, but need not exceed, the required depth of the front yard in the zoning district in which such lot is located.
§ 300-129 Area requirements.
A.
Restoration after calamity. A structure conforming as to use but not complying with the area regulations of the zoning district in which it is located may be restored if damaged or partially destroyed by fire, flood, wind or other calamity or Act of God, in the same location and for the same use as it was before the occurrence.
B.
Enlargement. A structure conforming as to use, but not complying with the area or height regulations, may be enlarged, provided the enlarged portion thereof complies with all the regulations of this chapter.
C.
Utility easements. Public service (utility) easements for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, railroad trackage and/or supporting members other than buildings, shall not be required to be located on an individual zoning lot nor be held to reduce the required yard dimensions for other structures on a zoning lot.
D.
Landscaping; vision clearance. Landscape features, such as trees, shrubs or flowers, soil cultivation, plants and plantings, shall be permitted in any required yard, provided that when in a front yard they do not constitute a hedge effect more than four feet in height above the ground level adjacent thereto, and provided such landscape features do not constitute a hedge effect contrary to the provisions governing fences in §§ 300-93 and 300-94 or obstruct vision contrary to the provisions of.[1]
E.
Front yards. The greater front yard requirement where two or more zoning districts face upon the same street shall be extended for the full block between intersecting streets. However, no structure shall be within 10 feet of a public right-of-way.
F.
Side and rear yards. The side and rear yard in any C or M District adjoining any R or S-1 District shall be at least one foot for each one foot of building height, other provisions of this chapter notwithstanding.
G.
Curbs. In all districts, along major roads, combination curbs and gutters shall be provided at the owner's or developer's expense and as shown on Illustration Nos. 8 and 9 of Appendix A.[2] They shall be of the rolled type, except at intersections, where the rolled curb shall be warped into a straight curb for the distance of the curb return radius. Curb radius shall be 15 feet for any minor street intersection, 20 feet for intersections of two collector streets, 35 feet for an arterial and collector street and 50 feet or more determined after consultation with the Pennsylvania Department of Transportation. Asphalt curbs are permitted on minor streets as per Illustration 8C.
[2]
Editor's Note: Appendix A is on file in the City offices.
H.
Sidewalks. In R-1, R-2, R-3 and all S and M districts, sidewalks are permitted at a minimum width of four feet, either adjacent to the curb, set back three feet from the curb or set back seven feet if there are street trees. All sidewalks shall be constructed so as to be continuous from one property to those adjacent that have sidewalks meeting the above setback requirements. Construction shall be concrete; where sidewalks are paved with asphalt, they may be surface treated; however, when replaced, such replacement shall be with concrete; minimum depth shall be four inches with a six-inch base. In no case shall sidewalks be installed prior to required utility installations or be placed where they will interfere in any way with an easement without prior consent of those granted the easement. Sidewalks are required when and if considered necessary by the Planning Commission in R-3 and C Districts only along major streets and shall be placed adjacent to the curb.
§ 300-130 Retention of yards.
The retention of yards, courts and other open space as well as the minimum lot area required for a building shall be the continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. No legally required yards, courts, other open space or the minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other new, existing or enlarged building.
§ 300-131 Division of zoning lots.
No lot shall hereafter be divided into two or more lots, and no portion of a lot shall be sold unless all lots resulting from such subdivision or sale conform with all regulations of the zoning district in which the property is located. No lot shall be so reduced in area that any required yards or open areas will be smaller than, or further reduced if already less than, the minimum requirements for the zoning district in which such lot is located. (See § 300-15).
§ 300-132 Use of lots.
All yards, courts and other open spaces, accessory uses, fences, off-street loading space or off-street parking space allocated to a building shall be located on the same zoning lot as such building. For the purpose of this chapter, essential service requirements for nonconforming uses may be fulfilled through the use of an adjacent lot.
§ 300-133 Right-of-way grading. [1]
No portion of a public right-of-way or driveway shall be graded by any owner or occupant of abutting property to exceed a slope of 1/4 inch (plus or minus) from the established elevation of the curb for every one foot of horizontal distance between the curb edge and an abutting property line. See Illustration No. 9a of Appendix A.[2] See also definition of driveway in § 300-164.
§ 300-134 Required yards for existing buildings.
[Amended 10-8-1985 by Ord. No. 3-1985]
No yards, now or hereafter provided for a building existing on the effective date of this chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equal new construction. However, existing building lines shall be accepted for new construction.[1]
§ 300-135 Farm and agricultural operations.
Farm and agricultural operations are permitted in any zoning district subject to the requirements of this section and all other applicable regulations of this chapter.
A.
The site must contain at least 10 acres; truck gardens and nurseries may contain between one and 10 acres.
B.
All proposed new dwelling units located on farm premises shall conform with all regulations of the zoning district in which they are located, including permitted building types, density, minimum lot dimensions and required yards.
C.
Raising of farm animals is permitted on lot sizes of more than 10 acres. However, farm animals shall not be permitted closer than 25 feet from a residential dwelling or zoning district, and be within an enclosed fence or barrier.
D.
The site must contain at least five acres for domestic animals and stables and must be within an enclosed fence or barrier.
§ 300-136 Number of principal buildings on a lot.
Except in an R-3 District, in land developments and in conjunction with specified exceptions permitted in Residence Districts, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.[1]