Mount Oliver City Zoning Code
ARTICLE 400
Zoning District Regulations
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How are the land uses permitted to occupy land and structures within the Borough? Each zoning district within the Borough contains bulk and area regulations, such as setbacks and height restrictions. Additionally, there are requirements that are specific to certain uses as defined by this chapter(special exceptions and conditional uses) and there are requirements that apply to all uses in all zoning districts (e.g., signs and fences). |
The following area and bulk regulations for principal and accessory structures shall be observed for all permitted uses by right, conditional uses and uses by special exception. |
§ 260-401 R - Single-Family Residential.
Setbacks. Setbacks for each zoning district are shown on the Front Yard Setback Zoning Map in Appendix B.[1]
Principal structure.
Front. Refer to the Front Yard Setback Zoning Map. If the lot frontage of a proposed structure or group of structures will comprise a contiguous length 50% or more of the entire length of a block, then the front setback may be reduced to zero feet, provided that all proposed structures have setbacks within one foot of each other.
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Side: three feet.
Rear: zero feet.
Lot coverage: not greater than 70%.
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Accessory structures and uses.
Sheds and decks shall be permitted in the rear yard only and shall be set back five feet from the rear lot line and three feet from the side lot line.
Fences are permitted in the front, side, and rear yards and may be set back zero feet from all lot lines.
Pools shall be permitted in the side and rear yards only and shall be set back 10 feet from all lot lines.
Garages shall be permitted in the side yard and rear yard only and shall meet the principal structure setbacks.
Each residential unit shall be provided off-street parking for one vehicle, either in a garage, driveway, or paved parking area.
All driveways shall be constructed of asphalt, concrete, or masonry pavers and shall be a maximum of 10 feet in width at any point along the driveway.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
Conversion of single-family homes. A single-family home that contains one dwelling unit at the time this chapter is adopted may not be modified to accommodate additional conversion dwelling units.
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Design standards. All new residential structures shall meet the following design requirements.
Minimum of two stories in height.
Flat roofs are not permitted.
A minimum of 25% of the front building facade shall be constructed of brick.
Porches provided on the front building facade shall be such that the length of the porch is equal in length to at least 20% of the front building facade and the width of the porch shall be at least six feet.
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§ 260-402 RMU - Residential Mixed Use.
Setbacks. Setbacks for each zoning district are shown on the Front Yard Setback Zoning Map in Appendix B.[1]
Principal structure.
Front. Refer to the Front Yard Setback Zoning Map. If the lot frontage of a proposed structure or group of structures will comprise a contiguous length 50% or more of the entire length of a block, then the front setback may be reduced to zero feet, provided that all proposed structures have setbacks within one foot of each other.
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Side: three feet.
Rear: zero feet.
Lot coverage: not greater than 70%.
Accessory structures and uses.
Sheds and decks shall be permitted in the year yard only and shall be set back five feet from the rear lot line and three feet from the side lot line.
Fences are permitted in the front, side, and rear yards and may be set back zero feet from all lot lines.
Pools shall be permitted in the side and rear yards only and shall be set back 10 feet from all lot lines.
Garages shall be permitted in the side yard and rear yard only and shall meet the principal structure setbacks.
Each residential unit shall be provided off-street parking for one vehicle, either in a garage, driveway, or paved parking area.
All driveways shall be constructed of asphalt, concrete, or masonry pavers and shall be a maximum of 10 feet in width at any point along the driveway.
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[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
Design standards. All new residential structures shall meet the following design requirements.
Minimum of two stories in height.
Flat roofs are not permitted.
A minimum of 25% of the front building facade shall be constructed of brick.
Porches provided on the front building facade shall be a minimum size such that the length of the porch is equal in length to at least 20% of the front building facade and the width of the portion shall be at least six feet.
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§ 260-403 MU - Mixed Use.
Setbacks. Setbacks for each zoning district are shown on the Front Yard Setback Zoning Map in Appendix B.[1]
Principal structure.
Front. Refer to the Front Yard Setback Zoning Map. If the lot frontage of a proposed structure or group of structures will comprise a contiguous length 50% or more of the entire length of a block, then the front setback may be reduced to zero feet, provided that all proposed structures have setbacks within one foot of each other.
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Side: three feet.
Rear: zero feet.
Lot coverage: not greater than 70%.
Accessory structures and uses.
Sheds and decks shall be permitted in the year yard only and shall be set back five feet from the rear lot line and three feet from the side lot line.
Fences are permitted in the front, side, and rear yards and may be set back zero feet from all lot lines.
Pools shall be permitted in the side and rear yards only and shall be set back 10 feet from all lot lines.
Garages shall be permitted in the rear yard and side yard only and shall meet the principal structure setbacks.
Each single-family lot shall include off-street parking for one vehicle, either in a garage, driveway, or paved parking area.
All driveways shall be constructed of asphalt, concrete, or masonry pavers and shall be a maximum of 10 feet in width at any point along the driveway.
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[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
Design standards. All new residential structures shall meet the following design requirements.
Minimum of two stories in height.
Flat roofs are not permitted.
A minimum of 25% of the front building facade shall be constructed of brick.
Porches provided on the front building facade shall be a minimum size such that the length of the porch is equal in length to at least 20% of the front building facade and the width of the portion shall be at least six feet.
§ 260-404 C - General Commercial.
Setbacks. Setbacks for each zoning district are shown on the Front Yard Setback Zoning Map in Appendix B.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
§ 260-405 TND - Traditional Neighborhood Development.
Authority. The provisions of this section are enacted pursuant to Article VII-A, Traditional Neighborhood Development, of the Municipalities Planning Code, 53 P.S. § 10701-A et seq., as amended, the procedures and requirements of which are incorporated herein by reference.
Purpose.
To create an integrated and connected mixed use development both physically by streets and character by design.
To encourage residential and nonresidential development and redevelopment that takes advantage of a mixed-use form of development so that demand for a variety of uses can be realized in a cohesive neighborhood form that encourages:
Accessibility throughout the district to allow for the ease of movement of goods and people between and among the individual parcels; and
To create opportunities for a mix of housing choices and easy access to goods, services, and employment opportunities for current and future residents of the Borough;
To provide a procedure, in furtherance of these purposes, which can relate the type, design, and layout of residential and nonresidential development to the particular site, and the particular development demands at the time, in a manner that fosters local investment and increasing property values;
To foster a sense of place and community by providing a setting that encourages the natural intermingling of everyday uses and activities within a recognizable neighborhood; and
To ensure efficiency of the land development and use approval processes by which these purposes are realized, such that the purposes herein are realized without undue burden or delay.
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Design guidelines.
General.
All planning, design, construction and maintenance of development within the district shall comply with the design guidelines of this chapter, which collectively shall be considered the Manual of Written and Graphic Design Guidelines as authorized by the Article VII-A of the Municipalities Planning Code.[1]
All improvements in the district shall be designed and constructed in accordance with the requirements of this article, this chapter, the Subdivision and Land Development Ordinance,[2] the Stormwater Management Ordinance,[3] the Borough Construction Standard Details and any other applicable Borough ordinance except as provided in this article.
Proposed development plans for the district must be high quality development that is in strict compliance with the design guidelines. The proposed development must meet or exceed these design guidelines in all aspects of the development.
Any development or change of use that results in impacts to existing streetscape elements must be replaced in-kind.
Buildings.
Residential buildings.
Porches, porticos and stoops oriented to the street shall be provided.
A variety of roof lines, architectural features and materials shall be provided to create diversity.
Garage doors facing a street shall be set back a minimum of 15 feet from the nearest edge of the sidewalk along the street. Such garage doors shall be of an architectural style consistent with the residential building.
The stairwells of all multifamily dwelling buildings shall be enclosed within the building structure.
Nonresidential and mixed-use buildings.
No building shall have a flat roof, unless a parapet wall is provided to create a varied roof line.
Screening of rooftop building mechanicals shall be accomplished through the use of parapet walls.
Minimum building height shall be two stories or 20 feet.
To de-emphasize the horizontality of larger buildings, recesses or projections to buildings shall be provided through pilasters, piers, columns, or other like architectural treatments whenever a building facade exceeds 20 feet. Facade recesses and projections shall be in the range of one to five feet in depth.
To promote a greater sense of character and pedestrian scale, buildings shall be functionally, or through design elements, broken into smaller storefronts through the use of windows, doors, pilaster, piers columns, arches, porches, porticos, colonnades and the like.
Maximum building height shall be four stories.
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Building materials.
New commercial buildings and renovations of 50% or more of existing building facades shall provide for variation of architectural materials, colors, and styles. Flat, monochrome building facades are not permitted.
Ground-floor transparency. The street-level facade of any building facing a public street or access drive shall be transparent between the height of three feet and eight feet above the walkway grade for at least 50% of the horizontal length of the structure.
All glazing shall be clear or lightly tinted.
The first floor facade of any commercial building shall have maximum transparency. The first floor building facade shall be a minimum of 60% transparent and such transparency shall include windows and doors that are 100% transparent with only minor decoration or displays that do not substantially alter the facade's transparency.
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In special circumstances, alternatives to the transparency requirements of this section may be permitted, subject to all of the below-stated conditions:
Upon appropriate demonstration by the applicant, a determination that strict compliance with the transparency requirements cannot be reasonably achieved.
Proposal by the applicant of an appropriate transparency alternative which incorporates the use or arrangement of building materials that simulates transparency and/or that provides enhanced architectural amenities (which architectural amenities are determined to be in addition to those otherwise required by the Code of the Borough of Mount Oliver).
The use of the proposed transparency alternative shall not result in a reduction of more than 25% of the otherwise applicable transparency requirements of this article.
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Building orientation.
All buildings in the TND District shall provide a prominent and highly visible street-level doorway or entrance along the front or side of the building, which faces a public street. An alternative solution may be proposed by the applicant for review by the Planning Commission and final approval by the Borough Council.
Exterior facades.
Surface treatments, such as recesses, projections, finish materials, awnings, and other architectural articulation, shall be required along 100% of the horizontal length of any wall.
 Front Building Facade Variation |
Buildings which exhibit long, flat facades and continuous linear strip development are prohibited in the TND District.
Building materials may include:
Off-street parking.
Off-street parking is not permitted in front of a commercial building. All surface parking shall be located at the rear or side of the building.
Off-street parking must be designed and maintained to be subordinate to the building architecture and streetscape. Streetscape elements shall be designed to define the streetscape and de-emphasize parking areas through screening and provide buffering between pedestrianways and parking areas.
Off-street parking areas that are adjacent to streets shall be screened with low street walls or fencing. Solid masonry walls or brick piers with decorative metal fencing and shrubs shall comprise the screening at a minimum.
Sidewalks and crosswalks.
Provide and maintain a network system of sidewalks, crosswalks, pathways and trails to strengthen the pedestrian-oriented environment. Clearly defined and marked sidewalks shall:
Be required within parking lots and be provided for the length of the parking to the entrances of establishments.
Be distinguished from driving surfaces through the use of special pavers (bricks or scored concrete).
Feature benches and other amenities installed along the pedestrian linkage approximately every 500 feet.
Sidewalks shall be a minimum width of six feet and installed and maintained to be safe and accessible along both sides of all streets.
Crosswalks shall be at least six feet in width, striped with a six-inch-wide painted white strip on both sides. Enhanced markings may be installed and shall be in conformance with PennDOT specifications.
All main and secondary entrances to buildings shall be directly linked with a public sidewalk.
Street wall.
When a front or side building facade is not located on the setback line and parallel to the road right-of-way, a continuous street wall shall be formed along the entire property frontage.
When a building facade is located on the setback line, the street wall shall not be required along the portion of the frontage where the building is located.
A street wall shall be built and maintained along sections of streets that have basins, fields, or other green areas (i.e., not with an off-street parking lot) and the property is to be screened with a continuous hedgerow which shall be installed and maintained by the property owner.
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Green infrastructure and green building.
Natural stormwater management systems (such as rain gardens and vegetated swales) shall be integrated into the streetscape in selected areas, in order to minimize runoff, filter pollutants and add visual appeal. These systems shall be maintained for optimum performance.
Sustainable, green building systems and designs are encouraged. Where such techniques are implemented, these elements may serve as justification for a modification to the impervious surface requirements as recommended by the Planning Commission and approved by Borough Council.
Lighting.
Human-scaled light fixtures and poles shall be installed and maintained to provide a safe, secure and attractive streetscape along both sides of all streets. Streetlights shall be installed and maintained at an average interval of 100 feet along all streets.
The type, style, operation and location of streetlights shall be in accordance with the Borough Standard Details, unless otherwise provided in this article.
§ 260-406 P - Parks District.
The purpose of the Parks District is to preserve and protect green space and environmentally sensitive areas within the Borough and to provide appropriate recreational opportunities.
Principal structure.
Front. Refer to the Front Setbacks Map. If the lot frontage of a proposed structure or group of structures will comprise a contiguous length 50% or more of the entire length of a block, then the front setback may be reduced to zero feet, provided that all proposed structures have setbacks within one foot of each other.
Side: three feet.
Rear: zero feet.
Accessory structures and uses.
Sheds and decks shall be set back 10 feet from the rear lot line and from the side lot line.
Fences are permitted along the property line.
Pools shall be permitted and shall be set back a minimum of 10 feet from all lot lines.
Garages shall be permitted and shall meet the principal structure setbacks.
Vehicle parking areas shall be permitted in accordance with the standards shown for parking lots.
All driveways shall be constructed of asphalt, concrete, or masonry pavers and shall be a maximum of 10 feet in width at any point along the driveway.
§ 260-407 General regulations.
Antennas, roof mounted. In all zoning districts, antennas and aerials customarily incidental to and located on the principal structure shall be permitted to exceed the maximum permitted building height for the principal building by no more than 10 feet subject to the additional requirements specified below.
Parabolic or satellite dish antennas shall be permitted as accessory structures in any zoning district, subject to:
No such antenna shall be located in any front yard.
No more than two satellite or parabolic dish antennas shall be located on any one lot.
In Residential Zoning Districts, no such antenna exceeding four feet in height, diameter or depth shall be installed on any roof or above any building.
In C - Commercial Zoning District, no such antenna exceeding 12 feet in height, diameter or depth shall be installed on any roof or above any building.
When roof-mounted, the satellite or parabolic dish antenna shall be located on a portion of the roof which slopes away from the front of the lot and no part of the antenna shall project above the ridgeline of the roof.
The diameter of any satellite or parabolic dish antenna, other than those installed on a roof or above a building, shall not exceed 12 feet.
No part of any freestanding antenna structure shall be located any closer than 15 feet to any property line.
The maximum height of any freestanding satellite or parabolic dish antenna shall be 15 feet.
A building permit shall be required for the installation of any parabolic or satellite dish antenna. The permit shall be subject to payment of the required fee as established by resolution of Borough Council.
Antennas, freestanding. In any zoning district, freestanding antennas and other radio and TV antennas for transmitters licensed by the Federal Communications Commission (FCC) exclusively for private use by citizens, shall be permitted subject to the following:
The antenna shall be located at least 15 feet from any principal structure on the lot. This required distance shall be increased by one foot for every one foot of antenna height which is in excess of the maximum permitted height for principal structures.
The antenna shall be located at least 15 feet from any property line. This required distance shall be increased by one foot for every one foot of antenna height which is in excess of 15 feet.
Antennas shall not be permitted in any front yard.
The antenna shall be securely anchored in a fixed location on the ground and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other such natural forces.
The antenna and its associated supports, such as guy wires, or the yard area containing the structure shall be protected and secured to guarantee the safety of the general public.
The applicant shall present qualified evidence that the signals transmitted by the proposed antenna shall not interfere with electrical equipment routinely operated on adjacent properties.
A building permit shall be required for the installation of all such antennas. The permit shall be subject to payment of the required fee as established by resolution of Borough Council.
Exception to height limitations.
Except for essential services, public corporation facilities and communications towers which are subject to specified height requirements in this chapter and except for structures which are subject to the requirements of the Allegheny County Airport Zoning Regulations, the height limitations of this chapter shall not apply to church spires, belfries, domes, monuments, observation towers, windmills, chimneys, smoke stacks, flagpoles, masts, barns, silos, elevators, tanks and other projections which are not intended for human occupancy.
Fences and walls.
No fence or wall shall be erected, replaced, or altered unless an application has been made, and a permit issued by the Zoning Officer. All fences for which a permit is issued must comply with the requirements of this chapter, whether new or replacing an existing fence.
All fences and walls shall be maintained in good repair and, on order of the Zoning Officer, shall be repaired, removed or replaced.
Street intersections. No fence shall be installed that obstructs sight distance at street intersections or interferes with the required clear sight triangle.
Fences in the Residential District.
Fences are permitted in the front, side, and rear yards and may be set back zero feet from all lot lines. In the case of a corner lot, both yards that are adjacent to the street or right-of-way are considered to be front yards.
Fences and all supporting structures must be entirely on the property of the party erecting the fence and shall not encroach upon a public right-of-way.
The height of all fences or walls shall be measured from the finished grade to the top of the fence.
Fences located in the front yard are limited to four feet in height and may not be more than 50% solid.
Unless otherwise stated, no fence or wall located in the side and rear yards shall exceed eight feet in height.
In the rear yard, a fence of no more than 10 feet in height shall be allowed to enclose recreation facilities, provided that the fence is not more than 50% solid.
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Fences enclosing swimming pools accessory to private residences.
All swimming pools except aboveground swimming pools shall be enclosed by a wall or fence with self-latching gate, not less than four feet in height and not more than eight feet in height.
Aboveground swimming pools, the top of which is at least four feet above the adjacent ground level on the entire perimeter and which have removable or retractable steps, shall not be required to be fenced, if the steps are removed or retracted when the pool is not in use.
All fences enclosing swimming pools must comply with the most recently adopted version of the International Property Maintenance Code (IPMC).
Fences in the Commercial District.
Fences that are a minimum of 50% solid and which are not less than eight feet in height and not more than 10 feet in height may be constructed in front, rear and side yards.
Gates or other appropriate entries at least 12 feet in width shall be provided, where necessary, to provide vehicular access for trucks.
Screening fences which are solid (less than 10% see-through) and which are not less than six feet in height and not more than eight feet in height shall be provided to completely enclose all outside storage areas and to provide a visual screen for dumpsters, air-conditioning units and other mechanical equipment so that they cannot be seen from the public street or adjoining properties by a person standing on ground level.
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Outdoor storage.
Storage of materials or equipment outside of a completely enclosed structure shall not be permitted in Residential Zoning Districts.
Storage of materials and equipment outside a completely enclosed structure shall be permitted in Commercial and Industrial Zoning Districts only subject to the requirements of the design standards for Commercial and Industrial Districts.
Parking of commercial vehicles. Commercial equipment, including trucks in excess of one-ton capacity, tandems, tractor trailers, tractors or other vehicles bearing commercial advertisement or construction or cargo-moving vehicles or equipment shall not, under any conditions, be stored outside an enclosed building or garage or be parked overnight on any lot in a district where residential uses are permitted. This regulation shall not apply to any commercial vehicles parked temporarily in residential areas for the purpose of loading, unloading or rendering service to any residential property.
Parking of recreational vehicles. Recreation vehicles, as defined in Article 200, Terminology, may be parked on the private property of the owner of such vehicle only under the following conditions:
A recreational vehicle may be parked on a paved off-street parking area for a continuous period not exceeding 72 hours.
A recreational vehicle must be parked on the owner's property behind the building line.
A recreational vehicle must be parked in such a manner so as not to restrict visibility of traffic from any adjacent public street.
A recreational vehicle's wheels must at all times be blocked or otherwise rendered immobile so as to prevent any movement of the vehicle while it is in a stopped position.
Any recreational vehicle stored for periods exceeding 72 continuous hours shall be parked in a garage or in a covered parking area at the rear or side of the property behind the building line.
Recreational vehicle parking is limited by the following regulations:
Under no circumstances shall any recreational vehicle be parked on any public street in violation of existing federal, state or local laws.
No recreational vehicle shall be used for purposes of habitation while parked or stored on an owner's property within the Borough.
Not more than one recreational vehicle may be parked or stored on a private lot in the Borough unless that vehicle is parked in a garage.
Outdoor dining.
The area to be utilized shall be accessory to an existing permitted restaurant and shall abut the sidewalk or ROW of the permitted restaurant. The dining area shall not extend beyond the actual width of the building in which the restaurant is located.
The portion of the sidewalk or ROW to be used shall be no greater than 1/2 of the space measured between the outside face of the curb and the property line. An unobstructed pedestrian passageway of no less than three feet shall be provided between the curb and the sidewalk dining area. The unobstructed area shall be clear of utility poles, traffic meters, water hydrants, street trees, planter boxes, trash receptacles, etc.
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No obstruction shall be placed within 18 inches of the face of any curb, within five feet of any fire exit, fire hydrant, building entry, building exit, or building corner or within 10 feet of any bus stop.
The hours of operation of outdoor dining services shall be 6:00 a.m. to 11:00 p.m. unless otherwise determined by Borough Council at the time of the conditional use approval.
Borough Council shall determine whether the proposed sidewalk dining in any way endangers the health, safety, or welfare of the public or is detrimental to surrounding property values.
The sidewalk dining area shall be properly maintained and the entire sidewalk kept free of litter.
Visibility at intersections. On any corner lot or at any point of entry on a public road, nothing shall be erected, placed, planted or allowed to grow in such a manner that obscures the vision above the height of 2 1/2 feet and below 10 feet, measured along the center lines of the intersecting streets or driveways and within the area bounded by the center line of the street line of such lot and a line joining points on these street center lines 75 feet along the center lines from their intersection. The diagram in Appendix A[2] illustrates this requirement.
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[2]
Editor's Note: Appendix A is included as an attachment to this chapter.