Mount Lebanon Township
City Zoning Code
City Zoning Code
PART 1
GENERAL PROVISIONS
§ 20-101 Titles.
101.1.
Long Title.
101.1.1.
This Chapter includes regulations to permit, prohibit, regulate, restrict and determine:
101.1.1.1.
The Use of land, Buildings and Structures.
101.1.1.2.
Area and dimensions of land to be occupied by Uses and Structures.
101.1.1.3.
Areas, Courts, Yards, and other open spaces.
101.1.1.4.
Setbacks and Yards to be left unoccupied by Uses and Structures.
101.1.1.5.
Density of population and intensity of Use.
101.1.1.6.
Size, height, bulk, location, erection, construction, repair, maintenance of Buildings and other Structures.
101.1.2.
For such purposes to divide the Municipality into zoning districts and transitional areas.
101.1.3.
Further, to provide for administrative enforcement and amendment in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
101.1.4.
To repeal all ordinances or portions hereof, in conflict with this Chapter.
101.2.
Short Title. This Chapter shall be known and may be referred to as the “Mt. Lebanon Zoning Ordinance” hereinafter designated as “this Chapter.”
§ 20-102 General Intent.
It is the intent, purpose and scope of this Chapter to protect and promote safety, health and morals; to accomplish coordinated development; to provide for the general welfare by guiding the use of land and structures, type and location of streets, public grounds and other facilities; to promote the conservation of energy through the use of planning practices; to promote the effective utilization of renewable energy sources; to promote the preservation of natural and historic resources; to ensure that the zoning ordinance is generally consistent with the adopted comprehensive plan; to encourage the revitalization of established urban centers; and to minimize such problems as may presently exist or which may be foreseen and whenever the provisions of this ordinance promote, encourage require or authorize governing bodies to protect, preserve or conserve open land, consisting of natural resources, forests and woodlands, any actions taken to protect, preserve or conserve such land shall not be for the purposes of precluding access for forestry. This chapter is designed:
102.1.
To promote, protect and facilitate any or all of the following: the public health, safety, morals, and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations, airports, and national defense facilities, the provisions of adequate light and air, access to incident solar energy, police protection, Vehicle parking and Loading Space, transportation, water, sewerage, Schools, recreational facilities, Public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial Uses, and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers, and Flood-prone Areas.
102.2.
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, Flood, panic, or other dangers.
102.3.
To preserve prime agriculture and farmland considering topography, soil type and classification, and present use.
102.4.
To provide for the Use of land within the Municipality for residential housing of various Dwelling types encompassing all basic forms of housing, including Single-family and Two-family Dwellings, and a reasonable range of Multi-family Dwellings in various arrangements, Mobile Homes and Mobile Home Parks, provided, however, that no zoning ordinance shall be deemed invalid for the failure to provide for any other specific Dwelling type.
102.5.
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential Dwelling types and non-residential Use.
§ 20-103 General Goals.
This Chapter establishes and implements zoning regulations for Mt. Lebanon to meet the General Intent and Purpose outlined in §20-102.
The goals of this Chapter include:
103.1.
Proactive Planning.
103.1.1.
Guide and regulate the orderly growth, development, and redevelopment of Mt. Lebanon in accordance with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.
103.4.
Flexible Opportunities.
103.4.1.
Utilize performance-based regulations to promote creative design solutions.
103.4.2.
Regulate and limit the height, bulk, and location of Buildings in context with surrounding properties.
103.4.3.
Establish, regulate, and limit the Building or setback lines on or along Streets in Mt. Lebanon to promote attractive design solutions.
103.4.4.
Regulate the density of population and the intensity of Uses of Lot Areas as appropriate and in context with the surrounding neighborhood.
103.4.5.
Regulate and determine the area of Yards, Courts, and other open spaces within and surrounding Buildings.
103.4.6.
Classify, regulate, and restrict the location of trades and industries and the location of Buildings designed for specified industrial, business, residential and other Uses.
103.4.7.
Divide the entire Municipality into districts of such number, shape, and area, and of such different classes according to Use of land and Buildings, height and bulk of Buildings, intensity of Use of Lot Areas, area of open spaces and other classifications as may be deemed best suited to regulate development.
103.4.8.
Fix standards to which Buildings or Structures in such districts shall conform.
103.4.9.
Provide regulations pertaining to pre-existing Lots, Structures and Uses that do not conform to the regulations, standards, restrictions, and limitations established by this Chapter.
103.4.10.
Prevent additions to and Alteration or remodeling of existing Buildings or Structures in such a way as to avoid the restrictions and limitations lawfully imposed by this Chapter.
103.5.
Streamlined Process.
103.5.1.
Provide for Variances from such regulations, standards, restrictions, and limitations.
103.5.2.
Provide for Conditional Uses, Planned Development District and other Uses requiring special approval, within the established districts.
103.5.3.
Provide administrative bodies and procedures as shall be necessary to the implementation and enforcement of the various provisions of this Chapter.
103.5.4.
Provide for the orderly amendment of this Chapter.
§ 20-104 General Provisions.
104.1.
Annexed Land. All land annexed to the Municipality after the enactment of this Chapter shall be classified immediately and automatically as an R-1 District. The Planning Board shall recommend appropriate zoning for the annexed area to the Commission within 90 days after the date of annexation.
104.2.
Boundary Line and Building Line. No boundary lines of Lots in Recorded Plats shall be altered except by a revised Subdivision plan. All Building Lines established by Recorded Plats or deeds are hereby adopted except where the same are in conflict with Building Lines as established by this Chapter.
104.3.
Frontage on Public Street Required. Each Single-family, Two-family, and Multi-Family Dwelling shall have a Lot Line front on a Public Street dedicated for Public Use and improved to Municipal Standards. This regulation also shall apply to Single-family Dwellings, Two-family Dwellings, and Multi-Family Dwellings located in a development consisting of varied housing types.
104.4.
Lot Area.
104.4.1.
Any Lot, as well as the open space reserved on it, must equal or exceed the Minimum Lot Areas prescribed by this Chapter for the district in which the Lot is located.
104.4.2.
A portion of a Lot once designated as a Yard, or a Lot Area, or portion thereof, used in calculating the number of Dwelling Units permitted on that Lot, shall not be again used as a factor in determining the required area for another Lot or Building, nor shall it be sold as a Lot or parcel thereof, separate from the Lot of which it is a part.
104.4.3.
Any portion of a Lot, which is recorded or otherwise reserved for future Street purposes shall not be used as a factor in determining Lot Area per Dwelling Unit or Yard dimensions.
104.5.
Principal Building. In any R-1 or R-2 District, only one Principal Building may be built on each Lot, except when such Lot is within an Overlay (Transitional) area of said district.
§ 20-105 Relationship to the Comprehensive Plan.
This Chapter is enacted to promote an orderly plan of development according to the Comprehensive Plan including data on existing conditions, statements concerning the Plan and evaluation of implementation techniques, and with reasonable consideration, among other things, of the existing character of the various areas within the Municipality and their respective suitability to particular land Uses.
§ 20-106 Establishment of Controls and Districts.
The regulations established by this Chapter shall be minimum regulations and shall apply uniformly to each class or kind of Use, Structure or land, except that additional classifications may be made within any district for the purpose of making transitional provisions at and near the boundaries of districts, and for the regulation, restriction or prohibition of Uses and Structures at or near:
• | Major thoroughfares, their intersections and interchanges and transportation arteries; |
• | Places of relatively steep Slope or Grade, and |
• | Public Buildings and grounds. |
As among several classes of zoning districts, the provisions for authorized Uses may be mutually exclusive in whole or in part. | |
106.1.
Zoning Districts Established. In order to carry out the purposes and provisions of this Chapter, Mt. Lebanon is hereby divided into the following districts:
CATEGORY | DISTRICT |
|---|---|
Residential Districts | R-1 Single-Family Residential R-2 Single-Family Residential R-3 Low Density-Mixed Residential R-4 Multi-Family-Mixed Residential R-5 Multi-Family, Multi-Story Residential R-6 Multi-Family, Multi-Story Residential R-7 High Density, High Rise, Multi-Family Limited Commercial District |
Commercial Districts | C-1 Neighborhood Commercial C-2 Community Commercial CBD – Central Business District |
Special Districts | OS – P Open Space Passive OS – A Open Space Active CD – Conservation District PD – Planned Development |
Overlay Districts | OB Office – Boutique Overlay CC Continuing Care Overlay MX Mixed Use Overlay |
106.2.
Zoning District Boundaries. Where uncertainty exists with respect to the boundaries of the various zoning districts, as shown on the Zoning District Map, the following rules shall apply:
106.2.1.
Where designation of a boundary line on the Zoning District Map coincides with the location of a Street, Alley or Right-of-Way, the Center Line of such Street, Alley and Right-of-Way shall be construed to be the boundary of such district.
106.2.2.
Where the designation on the Zoning District Map indicates a boundary approximately upon a Lot Line, such Lot Line shall be construed to be the boundary.
106.2.3.
Distances shown on the Zoning District Map are perpendicular distances from road referring to Zoning District boundaries as Center Lines measured to the zoning district boundary, which boundaries in all cases where distances are given are parallel to the road Center Line.
106.2.4.
Where a zoning district boundary divides a Lot of Record at the time such boundary is adopted, the district zoning requirements of the more restrictive zone will become the requirements of the entire Lot.
106.3.
Adoption of Zoning District Map. The Mt. Lebanon Zoning District Map shall be properly attested and kept on file in the Office of the Zoning Officer for any party interested in examining the Map.
106.3.1.
Map Incorporated. The boundaries of the zoning districts hereby established are shown on a map entitled “Mt. Lebanon Zoning District Map.” The Zoning District Map and all notations, references and other information shown thereon shall have the same force and effect as if fully set forth or described herein, and such map is hereby made part of this Chapter.
106.3.2.
Omitted Land. This Chapter intends to include the entire area of the Municipality, including all land, Streets, Alleys, railroads, and other Right-of-Way, which are included in the districts established by this Chapter. Any area not shown on the Zoning District Map as being included in such a district shall be deemed to be, and it is hereby, classified in the R-1 Single-family Residential District.
§ 20-107 Severability.
If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter.
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property, Building or Structure, such judgment shall not affect the application of the said provision to any other property, Building or Structure.
§ 20-108 Effective Date.
This Chapter shall become effective from the date of its adoption. Whenever used in this Chapter, the term “effective date” shall mean September 26, 2005.
§ 20-109 Savings Clause.
In the case where a use is not specifically listed as permitted or conditional or by special exception in any zoning district established by this chapter, the property Owner may request approval as a special exception as per the provisions of this part. Said use shall be situated on land in the C-2 Zoning District. In addition to the general requirements for special exceptions, the following will apply:
109.1.
The proposed use must be demonstrated to not be permitted in any other zoning district under the terms of this Chapter.
109.2.
The proposed use must comply with municipal building, health, housing, rental, safety, property and other applicable local, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the municipality, or shall be a condition of approval.
109.3.
In addition to any other requirement in this Chapter or other applicable law, the applicant shall provide:
109.3.1.
A plan demonstrating compliance with Parts 7 and 8 of the Chapter. This information is required for both residential and non-residential uses.
109.3.2.
A detailed description of how the proposed use and development complies with the requirements of the C-2 District, this subsection, and the general Special Exception standards.
109.3.3.
A schematic architectural drawing of the principal building(s) front façade(s).