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Lower Burrell City Zoning Code

ARTICLE IV

Residential Districts

§ 300-29 Purpose.

Districts designated for residential use are limited to dwellings and the uses normally associated with residential neighborhoods. Planned residential developments (Article VIII) may be permitted as special exceptions, which may include ancillary commercial facilities integrated into the neighborhood design. The specific purposes of each of the residential districts are as follows:
A. 
R-1 Low-Density Residential District is designated for single-family detached residential structures in developments of relatively low density.
B. 
R-2 Medium-Density Residential District is designated for single detached and two-family residential structures in developments of low to moderate density.
C. 
R-3 High-Density Residential District is designated for valuable centrally located property or property where good access and existing sewer and water facilities warrant possible higher density of population. Provides for single-family detached dwellings as well as multifamily units.

§ 300-30 Permitted uses.

(Including certain stated special exceptions, see Article XVIII and § 300-164.)
A. 
R-1, R-2 and R-3 Districts.
(1) 
Accessory uses (Article XVIII and § 300-164).
(2) 
Dwellings, one-family detached. (See § 300-32.)
(3) 
Essential services. (See §§ 300-88, 300-151 and 300-155.)
(4) 
Farming. (See § 300-135.)
(5) 
General gardening and greenhouses, without sales or advertising of sales on the premises. (See Articles XIII and XIV.)
(6) 
Nursery stocking, without sales or advertising of sales on premises.
(7) 
Schools, elementary. (See §§ 300-37 and 300-151.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
Tree growing and harvesting, without sales or advertising of sales on the premises. Indiscriminate harvesting not permitted within 40 feet of adjacent property owners. However, harvesting permitted with consent of adjacent owners; provided, that all requirements of Chapter 270, Timber Harvesting, are complied with.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
R-2 District only:
(1) 
Dwellings, two family. (See § 300-32.)
(2) 
Public library. (See § 300-151.)[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Permitted uses in R-1, R-2 and R-3 Districts, as listed in Subsection A hereof.
C. 
R-3 Districts only:
(1) 
Colleges. (See §§ 300-37 and 300-151.)[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Dormitories. (See § 300-33.)
(3) 
Dwellings, row and townhouse (no more than six units in length), condominiums, and garden apartments. (See § 300-32.)
(4) 
Fraternity or sorority houses. (See § 300-33.)
(5) 
Museums. (See § 300-151.)[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Permitted uses in R-2 Districts.

§ 300-31 Special exception uses.

(See also Article XVIII.)
A. 
R-1, R-2 and R-3 Districts:
(1) 
Cemeteries. (See § 300-33A.)
(2) 
Child-care facilities. (See §§ 300-33C and 300-164, also subject to § 300-37.)
(3) 
Community garage or parking areas. (See § 300-91, 300-100, 300-151.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Educational institutions. (See §§ 300-37 and 300-151.)[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Government. (See § 300-151.)[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Limited enlargement of nonconforming uses. (See § 300-147.)
(7) 
Nursing home. (See §§ 300-33C, 300-164.)
(8) 
Philanthropic institutions. (See § 300-151.)
(9) 
Planned residential development. (See Article VIII.)
(10) 
Professional services of medical doctors and ministers of religion. (See § 300-34.)
(11) 
Public utility substation. (See § 300-155.)
(12) 
Public utility towers. (See § 300-156.)
(13) 
Parks, playgrounds and recreation areas. (See § 300-152.)
(14) 
Boarding and/or rooming house. (See § 300-33C.)
(15) 
Religious institutions. (See § 300-151.)[4],[5]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: Original Subsection 1.P, Sheds, utility, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
R-2 Districts only:
(1) 
Dwelling, two-family, townhouse, other than a land development project or planned residential development, provided each structure has a lot frontage of 135 feet. (See § 300-32E.)
(2) 
Special exception uses permitted in R-1, R-2 and R-3 Districts. (See Subsection A hereof.)
(3) 
Land development project. (See § 300-154.)
C. 
R-3 Districts only:
(1) 
Accessory business uses. (See § 300-35.)
(2) 
Clinic, health care, including counseling. (See § 300-164.)
(3) 
Dormitories.
(4) 
Greenhouse and nursery sales where compatible with existing adjacent uses. (See § 300-98.)
(5) 
Home occupation. (See § 300-99.)
(6) 
Hospital. (See § 300-33C.)[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(7) 
Loading space.
(8) 
Membership club. (See §§ 300-33C, 300-151.)
(9) 
Mobile home park. (See § 300-36.)
(10) 
Hotel, motel or tourist court. (See § 300-34.)
(11) 
Personal and professional services. (See § 300-34.)
(12) 
Land development project. (See § 300-154.)

§ 300-32 Area and height requirements.

A. 
R-1 Areas. Each lot in the R-1 District shall comply with the following minimum requirements (see §§ 300-129 through 300-137), except as otherwise provided. (See § 300-128.)
(1) 
Front yard depth: 30 feet. (See §§ 300-128 and 300-129E.)
(2) 
Side yard width.
(a) 
Interior lot: eight feet on one side, 20 feet total both sides.
(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 eight feet. See §§ 300-128B, 300-129F.
(3) 
Rear yard depth: 40 feet [see §§ 300-126, 300-128B, D and § 300-128C(2) for a through lot].
(4) 
Lot area per family: 10,000 square feet; 15,000 square feet where either public water or sewerage is absent; and 20,000 square feet where neither public water or sewerage are provided.
(5) 
Lot width per family. (See § 300-38.)
(a) 
Interior lot: 70 feet.
(b) 
Corner lot: 90 feet.
(6) 
Exceptions. See § 300-127.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
R-1 Heights. The maximum heights of structures, except as otherwise provided (see Article XV), 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.
C. 
R-2 Areas. Each lot in the R-2 District shall comply with the following minimum requirements (§§ 300-129 through 300-137), except as otherwise provided (§ 300-127):
(1) 
Front yard depth: 25 feet, see §§ 300-128, 300-129E.
(2) 
Side yard width:
(a) 
Interior lot: six feet on one side; 18 feet total both sides.
(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, six feet. (See § 300-128, Subsections B through F.)
(3) 
Rear yard depth: 40 feet [see §§ 300-128B, D and 300-129F and § 300-128C(2) for a through lot].
(4) 
Lot area per family.
(a) 
One family dwelling: 7,500 square feet, 10,000 square feet where either public water or sewerage is absent and 20,000 square feet where both are absent.
(b) 
Two-family dwelling: 3,750 square feet each dwelling unit, and 5,000 and 10,000, depending on water and sewerage as above.
(5) 
Lot width.
(a) 
Interior lot: 60 feet.
(b) 
Corner lot: 75 feet.
(6) 
Exceptions. See § 300-127.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
R-2 Height. The maximum height of structures, except as otherwise provided (Article XV), in the R-2 District shall be:
(1) 
Thirty feet (not exceeding two stories) for a two-family dwelling.
(2) 
Ten stories for a high-rise in land development project. (See § 300-154.)
(3) 
For all other structures, the same as in the S Districts. (See § 300-27B.)
E. 
R-3 Areas. Each lot in the R-3 District shall comply with the following minimum requirements (see § 300-129), except as otherwise provided (see § 300-128):
(1) 
Front yard depth: 25 feet. A concrete curb and four foot six inch concrete sidewalk shall, when and if required by the Planning Commission, be constructed when fronting on any major or collector street of any width. See Illustration No. 8 of Appendix A and §§ 300-128B, 300-129E, H and 300-164.
(2) 
Side yard width.
(a) 
One-family dwelling or two-family dwelling. Same as in the R-2 District, Subsection C(2), hereof.
(b) 
Townhouse or row dwelling: 15 feet.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
A side yard abutting a street need not be more, but shall not be less than the depth of the front yard required on the adjoining lot on that street. (See §§ 300-128B and 300-129F.)
(3) 
Rear yard depth. See §§ 300-128B, D and 300-129F; for a through lot, see § 300-128C(2).
(a) 
Townhouse or row dwelling: 40 feet.
(4) 
Courts.
(a) 
Every court shall have between two opposite facing walls thereof a horizontal dimension 60 feet or more.
(5) 
Lot area per dwelling.
(a) 
One-family dwelling: 7,500 square feet, 10,000 square feet, where either public water or sewerage is absent, and 20,000 square feet where both are absent.
(b) 
Two-family dwelling: 3,750 square feet each unit and 5,000 square feet and 10,000 square feet, as above.
(c) 
Townhouse or row dwelling: 4,000 square feet per unit, and where public water or sewerage is absent, 8,000 square feet for the first two units and 4,000 square feet for the additional units; where both are absent, 10,000 square feet.
(d) 
Garden apartment: 3,500 square feet per unit, and where public water and/or sewerage is absent, increase square footage to 5,000 square feet per unit or a minimum as determined by the Department of Environmental Protection or other applicable agency.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(e) 
High rise. (See Article VIII and § 300-154.)
(6) 
Lot width.
(a) 
Multifamily, townhouse or row dwelling: 135 feet.
(b) 
Other uses than the dwellings listed in Subsection E(6)(a) hereof, shall be as in Subsection C(5) hereof.
F. 
R-3 Height. The maximum heights of structures, except as otherwise provided (Article XV) in the R-3 District shall be:
(1) 
Maximum of 10 stories for a high-rise structure in a land development project. (See § 300-154.)
(2) 
The same as in the S District, § 300-27B for other applicable structures.

§ 300-33 Cemeteries; dormitories; funeral homes.

(See also Article XVIII.) The following pertain to Residential Districts:
A. 
Cemeteries are permitted in Residential Districts only to preserve a "burying ground" or expand an existing cemetery. Aboveground headstones may be permitted in existing cemeteries, up to four feet in height.
B. 
Dormitories, fraternity houses and sorority houses shall be located upon a lot facing a street or public right-of-way across from the school or college to which they are related or upon a lot adjacent to the property of such school or college or upon a lot adjacent to an existing dormitory, fraternity house, sorority house in R-3 Districts as a special exceptions.
C. 
Site location requirements.
(1) 
Funeral homes. C-3 Districts only, when not adjacent or across the street from R-1 or R-2.
(2) 
Hospitals. R-3, when adjacent to other R-3 lands or C.
(3) 
Nursing homes and child-care facilities. R-3 only; and also R-1 and R-2 when site is adjacent to or across street from R-3 or C.
(4) 
Rooming houses and/or boarding houses. R-3 and also R-1 or R-2 when site is adjacent to R-3 or C.
(5) 
Membership club not serving intoxicating beverages. R-3 or C when adjacent to other R-3 or C uses. Membership clubs may be permitted to serve intoxicating beverages only when located across from or adjacent to C or M Districts.
D. 
The following conditions are applicable to the aforementioned uses:
(1) 
The use conforms to the provisions of § 300-37B and Article XV.
(2) 
There shall be provided a lot area of not less than 20,000 square feet for funeral homes, rooming and/or boarding houses, and one acre plus 300 square feet for each inpatient or reposing room facility.
(3) 
Dormitory facilities for doctors and nurses may be included; provided, in addition to the requirement of Subsection D(2) hereof, the lot area in relation to the number of sleeping rooms or persons to be housed in such facility meets a unit density commensurate with that permitted on surrounding properties.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
The use meets one-family dwelling height, yard and width requirements.
(5) 
Funeral homes shall not include crematories. Neighborhood character shall be considered by the Zoning Hearing Board. (See §§ 300-37B, 300-91, 300-128C and Article XV.)

§ 300-34 Professional services, hotels and motels.

(See also Article XVI.) Personal and professional services in an R-3 District shall be located upon lots adjacent to or immediately across a street or public right-of-way from a C District or upon lots adjoining a legally permitted use other than a one- or two-family dwelling. A motel, hotel or tourist court, with accessory uses and structures incident thereto, may be permitted, provided:
A. 
Each building shall be on a section of ground of not less than 2,000 square feet in area for each living or sleeping unit in a one-story tourist court, or of not less than 750 square feet in area for each living or sleeping unit in a two-story tourist court designated on the plan as a building area.
B. 
The minimum distances between the main buildings within the site area (tract) shall be as follows:
(1) 
Front-to-front or front-to-rear or rear-to-rear: 70 feet.
(2) 
Side-to-side: 20 feet.
(3) 
Front-to-side or rear-to-side: 50 feet.
C. 
The building or buildings on the lot shall be no closer than 50 feet to any lot line which is not a street line, or 100 feet to a street line.
D. 
Each living or sleeping unit shall have at least 150 square feet of floor area.
E. 
There may be accessory uses and structures incident to the tourist court operation, including common dining facilities and swimming pools, tennis courts and similar recreational uses. (See § 300-98B.)
F. 
Each sleeping unit shall have one approved ionization-type smoke detector sensing visible and invisible particles of combustion. Such detector shall work on electric and battery power and have the capacity to be connected to both sources of power simultaneously. Such detector shall be installed in a manner and location approved by the authority having jurisdiction. When actuated, the detector shall provide an alarm suitable to warn the occupants. (See Chapter 165, Fire Prevention, Article I, Smoke Detectors.)
G. 
Uses permitted under this provision shall be operated or maintained only under the same ownership and on the same zoning lot as the principal use.
H. 
Parking. (See § 300-91B.)
I. 
Special attention shall be given to buffering or screening if such use is adjacent to residential uses. (See § 300-94.)

§ 300-35 Accessory business uses.

(See also § 300-164.)
A. 
R-2 Districts. C-1 retail and personal service business may be permitted as an accessory use to multifamily dwellings in R-2 Districts, provided:
(1) 
The Zoning Hearing Board shall determine that the proposed retail and/or service business is reasonably necessary for the convenience of residents of the neighborhood in which such uses are to be located.
(2) 
All business uses permitted under the provisions of this section shall be located within a building the principal use of which is residential. The total floor area which may be used for business purposes shall not exceed 1/3 of the total ground floor area of the building in which it is located.
(3) 
The residential neighborhood in which the proposed business use is accessory shall be comprised of at least 150 dwelling units.
(4) 
Off-street parking spaces shall be required to accommodate the maximum number of potential customers or clients at any one time.
(5) 
Uses permitted under the provisions of this section shall be operated or maintained only under the same ownership and on the same zoning lot as the principal use. (See §§ 300-97 and 300-98.)
B. 
R-3 Districts. C-1 retail and personal service businesses may be permitted as an accessory use to apartment dwellings in R-3 Multifamily Residence Districts, provided:
(1) 
The Board shall determine that the proposed retail and/or service business is reasonably necessary for the convenience of residents of the building or development in which such uses are to be located.
(2) 
All business uses permitted under the provisions of this section shall be located within a building, the principal use of which is residential.
(3) 
The total floor area which may be used for business purposes shall not exceed 1/3 of the ground floor area of the building in which it is located.
(4) 
The residential building or development to which the proposed business use is accessory shall contain at least 50 dwelling units. A business use permitted under the provisions of this section shall be operated or maintained under the same ownership, or by lessees or concessionaires thereof, and on the same zoning lot as the principal use. (See Articles XIII and XIV.)

§ 300-36 Mobile homes and parks. [1]

(See also Article XVI and § 300-164.) In R-3 Districts, a mobile home, whether the wheels are attached or not, shall be permitted only in mobile home parks as herein defined. Mobile home parks may be permitted in R-3 Districts, provided:
A. 
The site shall be located on or near a main traffic artery, and direct vehicular access shall be provided by means of an abutting improved public street or an improved and permanently maintained private street which is protected by a permanent easement. Provision shall be made for a visual buffer between the site and abutting public rights-of-way.
B. 
Each new mobile home park shall provide facilities and accommodations for no fewer than 50 mobile homes on a minimum of 10 acres for such park.
C. 
The use shall be for occupancy by families for extended tenure 60 days or longer and shall not include facilities designed for transient occupancy. Shorter tenures may be considered in Conservancy Districts. (See § 300-164.)
D. 
For each mobile home, a section of ground of not less than 5,000 square feet in area (double units, 6,000 square feet in area), shall be allocated or designated on the plan as the location for only two automobiles and one mobile home.
E. 
In addition to the requirement of Subsection D hereof, there shall be an overall site requirement of 10% per mobile home lot size for community facilities including play space, utility rooms, additional parking and access roads.
F. 
For purposes of practical placement and removal, and retention of the mobile home on its section of ground in a stable condition and in a satisfactory relationship to its surroundings, each location for a mobile home shall provide a stand not less than 14 feet by 70 feet with a longitudinal gradient not more than 5% and with adequate crown or cross gradient for surface drainage. Such a stand shall be at an elevation, distance and angle in relation to the access street and driveway that placement and removal of the mobile home are practical by means of a car, conveyor truck or other customary moving equipment.
G. 
The site, including mobile home stands, patios, buildings and all site improvements, shall be harmoniously and efficiently organized in relation to topography, to the shape of plot, to the shape, size and position of buildings and with full regard to use and appearance. Site planning shall provide for safe, comfortable, efficient and sanitary use by the occupants under all weather conditions, and shall provide services appropriate to the needs of the occupants. Full advantage shall be taken of favorable views, existing trees and other desirable site features; adequate protection shall be provided against any undesirable off-site views or any adverse influence from adjoining streets or areas.
H. 
Unless as specifically noted otherwise and in addition to this chapter, the rules and regulations of the Westmoreland County Mobile Home Park Subdivision Regulations shall be followed as an additional requirement of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 300-37 Educational institutions.

(See also Article XVI.) A public or private nonprofit child care facility, nursery school, kindergarten, elementary or secondary school or institution of higher learning may be permitted in residential districts, provided that:
A. 
The height of principal buildings shall not exceed 2 1/2 stories or 35 feet.
B. 
Yards shall be provided as follows:
(1) 
Front yard depth: 30 feet.
(2) 
Rear yard depth: 40 feet.
(3) 
Side yard depth: 15 feet each when not abutting a street and 25 feet when abutting a street.
C. 
Building coverage shall not exceed 20% of the total lot area.
D. 
Fences or planted buffer strips shall be provided, as determined by the Planning Commission to be necessary for safety purposes or to minimize possible adverse influences upon adjacent or abutting properties.
E. 
Sufficient off-street space for loading and unloading students from private autos or school buses shall be provided.
F. 
Active recreation space, accessory to the principal use, may be located partially within a rear yard, but not within a required side or front yard.
G. 
Adequate off-street parking [see § 300-28C(8)].
H. 
For other applicable special provisions, see § 300-128.

§ 300-38 Reduction in lot width; R-1 Zone.

In R-1 Zone where both public water and sewer is available, the required minimum seventy-foot width for interior lots (corner lots may be reduced to 85 feet) for single-family homes may be reduced to 65 feet, providing the following special conditions are met [see § 300-32A(5)]:
A. 
The minimum site area for a developer seeking reduced lot width shall be 12 acres.
B. 
The plan shall be submitted for review to the Planning Commission for conformance with all other applicable provisions of this chapter.
C. 
The lot area requirement remains the same as required for R-1 developments.
D. 
Option. The lot area may be reduced to 8,500 square feet, providing an equal amount of open space is dedicated for common open space. The open space may be dedicated to the community or to an association of the homeowners living in the plan for park and recreation use or as a permanent landscape frame.