Sewickley City Zoning Code
ARTICLE V
Overlays
§ 330-501 Floodplain Overlay.
See Borough of Sewickley Code Chapter 178, Floodplain Management.
§ 330-502 Village Overlay.
A.
Purpose.
B.
Concept.
(1)
The Village Overlay District shall be deemed to be an antennas on the C-1 Zoning District and enacted to regulate the use of buildings, structures and land within the Borough's "village" area. All requirements related to the Village Overlay shall supersede the requirements of the underlying C-1 Zoning District.
C.
Applicability.
(1)
It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken any construction or development within the Village Overlay unless an approved building permit has been obtained from the Zoning Officer in accordance with this and all other existing ordinances.
(2)
A building permit shall not be required for minor repairs to existing buildings or structures, provided that no structural changes or modifications are involved.
D.
Definition of Village Overlay.
(1)
The Village Overlay shall consist of an area generally bounded by lots fronting Beaver, Broad, Division and Walnut Streets from Blackburn Road and Walnut Street to Straight and Logan Streets, as shown on Map 4 of the Official Zoning Map.[1]
[1]
Editor's Note: The Official Zoning Map, Maps 1 through 4, is included as an attachment to this chapter.
E.
Boundary interpretation.
(1)
Where an interpretation is needed as to the exact location of the boundaries of the Village Overlay in relation to a given lot, an initial determination shall be made by the Zoning Officer. Any person seeking such a determination may submit any pertinent documentation for consideration.
F.
Appeal of boundary interpretation.
(1)
Any person aggrieved by any such determination of the Zoning Officer under this chapter may appeal to the Zoning Hearing Board. The appellant contesting the location of the Village Overlay boundary shall have the burden of proof in case of any such appeal.
G.
Village Overlay requirements.
(1)
Use. In addition to the use restrictions imposed on the C-1 Zoning District, the following restrictions shall apply:
(a)
Business and professional offices on a building's basement or ground floors shall be prohibited, except as provided in § 330-803Q(3).
[Amended 4-21-2014 by Ord. No. 1317]
(b)
Multifamily/apartments on a building's basement or ground floors shall be prohibited.
(c)
Multifamily - village townhouse shall be prohibited in the Village Overlay District.
[Added 11-17-2014 by Ord. No. 1324]
(2)
Additional requirements.
(a)
Parking.
[1]
No parking shall be permitted between any front line of a building and the street lines of Beaver, Broad, Chestnut and Walnut Streets.
(b)
A private driveway providing access to Beaver Street, Broad Street or Walnut Street is permitted only as a conditional use, subject to the following, but not exclusively:
(c)
Clear sight triangle.
(d)
Transparency standards.
[1]
The facade of a principal building abutting a public right-of-way shall meet the transparency standards of this chapter.
[2]
On each façade above the ground floor each story shall have a transparency of at least 35% of the gross square footage of the facade of that story.
[3]
All ground-floor facades shall have a minimum transparency of 60% of the gross square footage of the ground-floor facade. Within this ground-floor facade, a minimum of 45% of the gross square footage of the facade from an elevation of three feet to an elevation of eight feet above the grade of adjoining sidewalks shall be transparent.
[4]
No more than 30% of a ground-floor window area may be obscured by a permitted sign, shelving, other opaque surfaces, or a combination thereof, that would affect views into or out of the building or structure, unless such a building or structure is used for the display of merchandise visible to patrons from the street. Upper floors may have curtains, blinds or other window treatments which limit transparency.
Figure 8: Transparency  |
(e)
Front lines of building.
[1]
The front line of a building or structure may be established between the front lot line and the front line of an immediately adjacent building, but in no event greater than five feet from the front lot line. In the case of a corner lot that is adjacent to three public rights-of-way, the applicant shall have the right to designate one yard as a rear yard – not to be designated on Beaver Street, Broad Street, Chestnut Street or Walnut Street.
[2]
For lots with a front lot line of 30 feet or greater, a maximum of 25% of the front face of the building may be set back a maximum of three feet from the front line of the building.
[3]
No accessory building or structure shall be located between the front line of a building and the front lot line.
Figure 9: Village Overlay District Front Setback Maximum  |
(f)
Prohibited materials.
[1]
Within the Village Overlay, the following materials are prohibited from use on any facade of a building or structure that is visible from a public right-of-way:
[a]
Particle board, plywood and plastic sheathing;
[b]
Asphalt and fiberglass shingles as siding;
[c]
Vinyl and aluminum siding;
[d]
Mirrored glass; that is glass coated in such a way that it prevents view to the building's interior;
[e]
Industrial metal panels;
[f]
Concrete masonry units, including prefinished types;
[g]
Exposed aggregate precast concrete block;
[h]
Exterior finish insulation systems (EFIS); and
[i]
Simulated brick.
(3)
Land development plan.
(a)
Review of a land development plan shall be required when there is:
[1]
Construction or development of a new building or structure or for an unimproved site;
[2]
Proposed changes to an existing building's or structure's points of ingress/egress (vehicular and pedestrian);
[3]
The removal or demolition of all or part of a building or structure;
[4]
Addition to a building or structure.
(b)
The land development plan shall be reviewed prior to the issuance of a building permit related to building any structure or land development within the Village Overlay.
(c)
In reviewing a land development plan or a site plan as required by this chapter, the Village Overlay Design Manual attached hereto as an appendix and made a part of this chapter shall be used.[2]
[2]
Editor's Note: The Village Overlay Design Manual is included as an attachment to this chapter.
(d)
The land development plan shall be reviewed by the Planning Commission to determine compliance with the requirements of this chapter prior to the issuance of a building permit for any structure or land development within the Village Overlay.
(4)
Facade renovations.
(a)
Any applicant who seeks to make structural changes to 25% or more of the total area of the facade of an existing building in the Village Overlay shall submit a conditional use application to the Borough. A facade renovation shall meet, at a minimum, the conditions required by § 330-502G(2)(d), Transparency standards, and § 330-502G(2)(f), Prohibited materials.
§ 330-503 Natural Resource Protection Overlay.
A.
Purpose.
(1)
The Natural Resource Protection Overlay provides a rational methodology for:
(a)
Inventorying, mapping and evaluating the carrying capacity of a lot based on the existing natural resources found on said lot; and
(b)
Establishing standards to define and determine the amount of development that a lot can reasonably support. The net buildable area, as determined by this antennas process, is the total acreage and general location(s) of permitted disturbance on a lot.
(2)
The use of the Natural Resource Protection Overlay process is intended to enable:
(a)
Landowners and/or developers to identify early in the development process the lot's development capacity and, subsequently, its development opportunities; and
(b)
The protection of persons and lots from hazards resulting from the inappropriate development of land in areas that contain sensitive existing natural resources.
B.
Applicability.
(1)
The Natural Resource Protection Overlay is designated on Map 3 of the Official Zoning Map.[1]
[1]
Editor's Note: The Official Zoning Map, Maps 1 through 4, is included as an attachment to this chapter.
(2)
A resource protection analysis shall:
(a)
Be completed and submitted as part of any minor or major land development and/or any activity requiring excavation as defined in the Borough. Said information shall be accompanied by a sealed and signed letter by an engineer and/or landscape architect licensed within the commonwealth acknowledging the review and submission of the related site information.
(b)
Not be necessary for any area in the antennas where development requires only a building permit with no excavation; said development shall be in conformance with the following:
[1]
Steep slopes are those areas sloping more than 15 feet vertical over a distance of 100 feet horizontal.
[2]
All grading shall be minimized.
[3]
Finished slopes of all cuts and fills shall not exceed 33% unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.
[4]
A statement, signed and sealed by one or more of the following registered professionals (in the Commonwealth of Pennsylvania): geologist, engineer and/or architect, as appropriate for the type of work involved in the project, containing the following items of information:
[a]
A written explanation, in narrative form, of the building methods to be used in overcoming foundation and other structural problems and preventing soil erosion and excessive surface water runoff to neighboring properties and/or streets.
[b]
A geotechnical engineering report of the soil types and underlying geology of the site, as appropriate for the proposed type of construction.
[c]
A plan, a profile and typical cross sections of any proposed driveway. This material shall have the seal of a registered professional engineer affixed thereon.
[d]
A plan indicating proposed and existing impervious surfaces, stormwater drainage facilities, drainage calculations based on a fifty-year storm, retaining walls, ground cover, and the location of trees and ornamental shrubs.
[e]
Architectural plans, elevations and sections.
[5]
A statement signed by the landowner and/or developer that there is a full understanding of any difficulties associated with the access stemming from steep slopes, and that risk of landslides, ground shift or other instabilities caused by the nature of the geologic, subsurface and steep slope conditions shall be the responsibility of the landowner and/or developer.
[6]
A building permit shall not be issued until the landowner and/or developer or contractor posts financial security in the form of a bond, an irrevocable letter of credit, or other type of financial security agreeable to the Borough and the Borough Solicitor, to be held by the Borough as security against landslides, rockfalls, water runoff damages, etc., that may adversely affect Borough property, streets, rights-of-way or drainage. Financial security will be posted in an amount, up to a maximum of $20,000, as determined by the Borough Engineer or Borough Building Inspector based on his review of the type and cost of project, location of the project site, slope of the project site, geological structure underlying the site, and proximity of the site to Borough property, streets or right-of-way(s). Financial security shall be maintained in effect until an occupancy permit has been issued. Release, discontinuance or expiration of the posted financial security will be permitted upon substantial completion of the proposed construction activities. In addition to any remedies in law or equity, the Borough may exercise its rights to obtain the proceeds from the financial security posted by the owner or contractor to correct or restore damage to Borough property, streets, rights-of-way(s) or drainage that are not corrected by the landowner and/or developer or contractor within 24 hours from occurrence of the damage.
[7]
The issuance of any building permit for any construction or land disturbance within or affecting the Natural Resource Protection Overlay shall occur only after all of the above special requirements have been satisfied.
(3)
The resource protection analysis shall be completed on the official Borough forms provided by the Zoning Officer. The official forms required by this chapter and other applicable analyses defined by the Borough shall be completed and submitted as part of any application other than a building permit. No application shall be processed or accepted unless or until the Zoning Officer determines that the resource protection analysis has been properly completed.
(4)
This chapter does not imply that areas outside those encumbered by steep slopes will always be totally free from the adverse effects of erosion or other effects of nearby steep slopes.
(5)
The granting of any permit pursuant to the regulations of this chapter shall not constitute a representation, guarantee or warranty of any kind by the Borough, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Borough, its officials or employees.
C.
Existing natural resources.
(2)
The applicant shall contact the following agencies for information regarding previous land disturbances of a lot. Additional contact information is available at the Borough office; however, the applicant is responsible for contacting or referencing all sources, listed below or otherwise, to obtain information related to the assessment of existing natural resources.
D.
Development ratios.
(1)
Protection of the Borough's existing natural resources is governed by the development ratio for each sensitive existing natural resource. Initial development ratios represent the maximum amount of disturbance or alteration that a sensitive existing natural resource can sustain without posing a hazard to persons or a lot. Development ratios are specific to the existing natural resources and are further affected by the slope of the natural topography where a sensitive existing natural resource may be found.
(2)
For the purposes of this chapter, slopes used in Table 8: Resource Protection Worksheet shall be at least 25 feet in length, measured on a horizontal plane.
E.
Analysis procedures and implementation.
(1)
The resource protection analysis is designed to determine the location and amount of development permitted within any given lot or contiguous lots under common ownership or control, which shall be determined in the following manner:
(a)
Create a one-inch-equals-one-hundred-feet-scale slope map based on a contour interval of not more than five feet where the slope is greater than 15% and at intervals of not more than two feet where the slope is 15% or less. The slope map shall delineate the location and extent of the following four slope categories:
(b)
Indicate the location and extent of the following existing natural resources on the slope map. Each existing natural resource shall be uniquely illustrated on the slope map.
[1]
Floodways, floodplains and wetlands/hydric soils.
[2]
Inventory natural drainageways and lakes/water bodies including all land within 50 feet from the center line of any natural drainageways or 50 feet from the normal pool elevation of any lakes or water bodies, whichever is greater.
[3]
Inventory natural springs and vernal pools including all land within 50 feet from the waterline as established from a normal pool elevation.
[4]
Inventory any areas containing colluvial soils and red bed soils.
(c)
Official copies of Table 8: Resource Protection Worksheet as described below are available through the Zoning Officer and shall be completed to determine the initial net buildable area of the lot.
Table 8: Resource Protection Worksheet | ||||||
|---|---|---|---|---|---|---|
Sensitive Existing Conditions | Gross Lot/Site Area (acres) | Permitted Disturbance Ratio | Net Buildable Area (acres) | |||
Line 1 | All floodplains, wetlands, and hydric soils | _____x | 0.0 | = | 0.00 | |
Line 2 | All lakes and water bodies, and natural drainageways/ streams | _____x | 0.0 | = | 0.00 | |
Line 3 | All springs and vernal pools (including 100-foot buffer) | _____x | 0.0 | = | 0.00 | |
Line 4 | Colluvial soils and red beds on slopes | < 25% | _____x | 0.4 | = | 0.00 |
> 25% | _____x | 0.1 | = | 0.00 | ||
Line 5 | Other Areas on slopes 0% to 25% not calculated as part of Lines 1 through 4 above | _____x | 1.0 | = | 0.00 | |
Line 6 | Other Areas on slopes > 25% but < 40% not calculated as part of Lines 1 through 4 above | _____x | 0.4 | = | 0.00 | |
Line 7 | Other area on slopes > 40% not calculated as part of Lines 1 through 4 above | _____x | 0.1 | = | 0.00 | |
Line 8 | Sum of Lines 1+2+3+4+5+6+7 | 0.00 | 0.00 | |||
(Total Gross Lot/Site Area) | (Total Net Buildable Area) | |||||
(2)
The layout of all proposed buildings, structures, streets and utilities shall occur only within the portions of a lot that do not contain sensitive existing natural resources documented as part of this article as well as determined by the Borough represented by the individual permitted disturbance ratios and the total net buildable area (Table 8: Resource Protection Worksheet).
F.
Net buildable area increases.
(1)
Purpose. To promote the efficient use of land, infrastructure and economic resources; to provide development flexibility; and to enhance development quality and longevity, two methods of increasing the net buildable area of a lot shall be available to a developer and/or landowner. Net buildable area increases shall be granted in return for development enhancements. The two methods include the following:
(2)
Applicability.
(a)
Net buildable area increases shall be permitted only in areas located on slopes between 0% and 25% in gradient. Net buildable area increases shall utilize the existing natural resources in reverse order of sensitivity in accordance with Table 8 of this chapter, whereas least sensitive resource areas shall be utilized first.
(b)
A landowner and/or developer may incorporate one or more of the methods outlined in Subsection F(3) below to a land development plan.
(c)
When multiple methods are combined as prescribed in § 330-503F(3), the combined total net buildable area increase shall not exceed 25% of the lot's "total net buildable area" as calculated in Line 8 of the Resource Protection Worksheet.
(d)
Net buildable area increases shall occur on the same lot where the development enhancement(s) are provided.
(e)
Prior to receiving Borough Council approval of a green-roof-related buildable area increase, the landowner and/or developer shall complete a preliminary and/or final slope stability investigation report in conformance with Borough standards.
(3)
Methods.
(a)
Stormwater runoff reduction measures. Upon incorporating any two of the following stormwater runoff reduction measures into a proposed land development, a landowner and/or developer shall receive a maximum ten-percent net buildable area increase. No preliminary or final slope stability investigation report shall be required to obtain the ten-percent net buildable area increase.
[1]
Provide area(s) for groundwater recharge through on-site stormwater infiltration for an amount of impervious area equal to one times the net buildable area increase. The minimum required recharge volume shall be equal to 1.5 inches of runoff for the area defined.
[2]
Preserve existing trees whose combined canopy area is equal to one times the net buildable area increase. A preserved tree shall be a minimum of eight inches in diameter at breast height (dbh).
[3]
Install additional landscaping area(s) equal to 1.5 times the net buildable area increase. This additional landscaping may be used to treat any cut or fill slopes; to increase the habitat value of any on-site stormwater management facility; to reestablish streamside buffers or for other on-site uses. Lawn or turf areas shall not constitute additional landscaping. Habitat value and related landscaping shall be defined as Pennsylvania native species.
[4]
Utilize porous pavement to reduce stormwater runoff. Porous paving, with proof by engineering calculation/soils analysis, may be used if the landowner and/or developer can demonstrate that this method will produce zero increased stormwater runoff. The Borough Engineer shall review proposed design and engineering of the pavement to verify construction is in accordance with acceptable industry standards and United States Environmental Protection Agency's (EPA) "Porous Pavements Phase I - Design and Operational Criteria."
[5]
Propose on-site environmental mitigation of equal or greater environmental value. Mitigation shall include but may not be limited to the removal of landfilled hazardous materials, the remediation and treatment of abandoned mine drainage, or the establishment of quality wetlands. When such mitigation measures are proposed, the Borough Engineer shall review the proposed mitigation measures and shall make a recommendation on the relative value of the proposed mitigation to the Planning Commission and the Borough Council.
(b)
Green roof construction.
[1]
A landowner and/or developer that utilizes green roof construction in a building design may receive a buildable area increase equal to a maximum of 40% of the total surface area of the green roof.
[2]
Green roof construction shall be in accordance to the standards defined by the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) Program.
[3]
Green roofs may be incorporated into either the principal or accessory building or structure of the lot.
G.
Cluster lot development.
(1)
Cluster lot development shall be permitted only within the boundaries of the Natural Resource Protection Overlay.
(a)
No portion of any cluster lot development shall be outside the boundary of the Natural Resource Protection Overlay.
(b)
If a lot is situated in such a manner that only a portion of that lot is within the Natural Resource Protection Overlay only that portion located within the antennas may utilize cluster lot development as described in this chapter.
(c)
In no case may a lot contain more units than is prescribed by the base zoning district's maximum density regulations.
(2)
Cluster lot development is voluntary and not required. However, if a landowner and/or developer does not wish to utilize the cluster development regulations, the net density for a land development contained within the boundaries of the Natural Resource Protection Overlay shall be calculated by multiplying the buildable area, as defined by the Natural Resource Protection Worksheet, by the permitted gross density stated within the applicable zoning district where the lot is located. Minimum lot size permitted in the applicable zoning district may be reduced a maximum of 25%.
(3)
Culs-de-sac shall be permitted to access cluster developments within the Natural Resource Protection Overlay boundaries. Roadways ending in a cul-de-sac shall be a minimum of 250 feet but no longer than 500 feet in length.
(4)
The balance of the land not utilized for residential lots shall be reserved as common open space. Ownership of the common open space shall be determined and approved by Borough Council prior to final application approval.