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Lower Burrell City Zoning Code

ARTICLE III

Conservancy Districts

§ 300-23 Purposes.

Districts designated as Conservancy Districts are primarily tracts of open land which present limitations (including flooding, slopes in excess of 24% and highway restrictions) to development. The specific purposes of each of the conservancy districts are as follows:
A. 
The S-1 Noncommercialized Conservancy District permits publicly owned and nonprofit clubs and institutions to own, operate and maintain those public service and recreation facilities indicated for the S-2 District. This land, due to its limited capability for intensive development, should be preserved as near to its natural state as possible. However, large tracts may still be considered for subdivision or development if disturbance is limited to the less severe areas of the tract after considering the specific site limitations.
B. 
In the review of proposed development in Conservancy Districts, special attention shall be given to the approval of a site plan. This is to assure sensitive use within the site considered and as it relates to contiguous properties. Particular effort should be made to safeguard steep slopes as permanent greenbelts, landscape frames and buffers. (See Articles VII and VIII.)
C. 
Future development will be considered only when all proposed structures are erected with supporting structures appropriate to the land limitations. Provisions for safe and sanitary sewage disposal and water supply that comply with city and state requirements will be mandatory.

§ 300-24 Permitted uses.

A. 
S-1 and S-2 Districts:
(1) 
Accessory uses. (See §§ 300-27B and 300-95.)
(2) 
Dwelling, one-family.
(3) 
Essential services. (See §§ 300-88, 300-151 and 300-155.)
(4) 
General gardening.
(5) 
Museum, public. (See § 300-151.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Nursery stocking, with sales and limited advertising on the premises.
(7) 
Public recreation.
(8) 
Reforestation.
(9) 
Tree growing and harvesting, with sales and limited advertising on the premises. (See § 300-30A.)
B. 
S-2 Districts only: blacksmith shop.

§ 300-25 Special exception uses.

[Amended 7-13-1998 by Ord. No. 5-1998]
A. 
Permitted in S-1 and S-2 Districts:
(1) 
Educational facilities. (See § 300-28C.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Cemeteries, public, private or pet. (See § 300-28A.)
(3) 
Government. (See § 300-151.)
(4) 
Farming. (See § 300-135.)
(5) 
Limited enlargement of nonconforming uses. (See § 300-147.)
(6) 
Public utility substation. (See § 300-155.)
(7) 
Public utility towers. (See § 300-156.)
(8) 
Recreation areas (nonprofit) including all such uses in S-2, Subsection B, hereof.
(9) 
Religious institutions. (See § 300-128.)[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(10) 
Stables. (See § 300-135D.)
(11) 
Planned residential development. (See Article VIII.)
(12) 
Sheds (utility). (See § 300-101C.)
(13) 
Antennas. Permitted in all zoning districts as an accessory use to a legally existing structure, provided that all of the following conditions are met:
[Amended 3-9-2009 by Ord. No. 2-2009]
(a) 
Submission of a certification from a licensed engineer or architect that the structure to which the antenna is to be attached can safely support the antenna and any ancillary electric equipment.
(b) 
Submission of a lease or other document evidencing that the owner of the structure approves the installation of the antenna and any supporting equipment.
(c) 
Submission of scale drawings showing the location and method of attachment of the antenna and any supporting equipment.
(d) 
A full description and a picture of the antenna and other supporting equipment to be attached, including pictures.
(e) 
A certification by the applicant that the antenna will operate in conformity with all applicable FCC regulations concerning radio frequency emissions.
(f) 
The antenna will not exceed the height of the existing structure by more than 15 feet.
(g) 
The antenna and any ancillary equipment or structure will meet otherwise applicable setback requirements.
(14) 
Oil and gas wells.
[Added 12-12-2011 by Ord. No. 5-2011]
B. 
Permitted in S-2 Districts:
(1) 
Community parking spaces or garages. (See § 300-98, 300-100 and 300-151.)[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Greenhouse or horticulture nursery.
(3) 
Natural or artificial swimming facilities. (See § 300-153.)
(4) 
Indoor or racquet sports and/or skating.
(5) 
Lodges (transient housing in a recreational development providing overnight accommodations for those using public or commercial recreational facilities).
(6) 
Marina facilities for harboring and servicing all forms of recreational watercraft. These facilities must have an architectural design which is aesthetically compatible to the surrounding area and which conforms to all the safety requirements of the Army Corps of Engineers. The marina design must be approved by the Planning Commission before it is submitted to the Zoning Hearing Board for approval.
(7) 
Nursery stocking and sales.
(8) 
Recreation areas (commercial) including beaches; archery ranges; riding stables and bridle paths; golf courses; church camps; miniature golf courses; driving ranges; trap and gun, country membership of sportsmen's clubs; picnic or swimming facilities; camp sites or resorts; skiing or roller skating areas; and dog training areas. (See §§ 300-24, 300-152 and 300-153.)
C. 
All of the above uses must meet all the applicable requirements of this chapter and the standards recommended by national and/or local organizations regulating and governing design for special uses listed.
D. 
All above uses subject to site plan and architectural review by the Planning Commission and/or its consultant on special planning matters.

§ 300-26 Conditional uses.

[Added 12-12-2011 by Ord. No. 5-2011]
Permitted in the Conservancy (S) Districts:
A. 
Oil and gas wells.

§ 300-27 Areas and height regulations.

A. 
Areas. Each lot in the S-1 and S-2 Districts shall comply with the following minimum requirements (see § 300-128):
(1) 
Front yard width: 40 feet. (See §§ 300-128B, 300-129F.)
(2) 
Side yard width.
(a) 
Interior lots: 16 feet on each side.
(b) 
Corner lot. Abutting a street, not less than the depth of front yard required on the adjoining lot on that street; not abutting a street, no less than 16 feet. (See §§ 300-128B, 300-129F.)
(3) 
Rear yard depth: 40 feet. (See §§ 300-128B, 300-129F, 300-101 and 300-128C for a through lot.)
(4) 
Lot area: 20,000 square feet/dwelling unit with water and sewer, and 40,000 square feet/dwelling unit without either water or sewer.
(5) 
Lot width.
(a) 
Interior lot: 100 feet.
(b) 
Corner: 125 feet.
B. 
Heights. The maximum heights of structures, except as otherwise provided (see Article XV), in the S Districts shall be:
(1) 
Thirty feet (not exceeding two stories for a one-family dwelling).
(2) 
Forty-five feet (not exceeding three stories) for other main structures.
(3) 
Fifteen feet (not exceeding one story) for accessory structures. This shall not apply to farm buildings.

§ 300-28 Cemeteries; stables; pet cemeteries; educational institutions (special exceptions).

A. 
Cemeteries. Mausoleums, headstones, crematories, living quarters for caretakers and a sales office open at appropriate times and directly related only to the permitted use of the premises shall be permitted. Also, the sale of flowers and grave decorations, for use only on the premises, is permitted. Adequate fences or barriers shall be provided. Pet cemeteries, if according to accepted standards of the trade, are permitted.
B. 
Stables. Stables, when used for horses and/or ponies owned by the residents of a dwelling in this zoning district and only when used exclusively by such residents or their guests, shall be permitted. Five acres minimum site area. (See § 300-135D.)
C. 
Educational institutions. An elementary or secondary school or institution of higher learning (public or private, nonprofit) may be permitted in any of the S-1 or S-2 Districts in accordance with the regulations specified in this section.
(1) 
The height of main buildings may be, but shall not exceed, two stories or 30 feet; except that this height limitation may be exceeded if all required yard widths are increased by one foot for every foot by which a building exceeds 30 feet in height.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Minimum yard requirements shall be: front yard depth, 30 feet; side yard widths, 40 feet and rear yard depth, 60 feet.
(3) 
Building coverage shall not exceed 10% of the total lot area.
(4) 
Playgrounds, playfields and other active recreation facilities shall not extend into required front or side yards, any closer than 30 feet to a rear lot line; and no secondary school athletic facility involving spectators, except a gymnasium or auditorium completely enclosed within a building, shall be located closer than 200 feet to any residential property lines.
(5) 
Fences or planted buffer strips shall be provided as determined by the Zoning Hearing Board to be necessary for safety purposes or to minimize possible adverse influences upon abutting or adjacent property.
(6) 
If students or teachers are to be housed on the site, the lot area devoted to housing shall be not less than prescribed for housing in conjunction with churches in § 300-151B.
(7) 
Minimum distances between buildings shall not be less than prescribed in § 300-151C.
(8) 
Adequate off-street parking, as determined by the Board, but no less than one space per employee, shall be provided to accommodate vehicles of the maximum number of teachers, students and others using the premises at any one time; and loading space shall be provided adequate to permit off-street loading and unloading of students of no less a number than that specified in §§ 300-91 and 300-92.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).