South Fayette Township
City Zoning Code
City Zoning Code
ARTICLE XIIC
ND Neighborhood Design District
§ 240-76.16 Purpose.
The purpose of this district is to:
A.
Provide for a more varied, innovative, and efficient development pattern consistent with traditional patterns and scale of development, a mix of uses, and designs that occurred prior to newer suburban development patterns.
B.
Encourage a balance between neighborhood form and function.
C.
Promote a mix of diverse but compatible types of neighborhood development.
D.
Avoid development that could cause inefficient patterns of development.
E.
Encourage a blend housing at a moderate density to serve various age groups and types of housing.
F.
Provide for safe and convenient pedestrian, bicycle and vehicle circulation.
G.
Provide walkable development patterns and shift the focus from motor vehicles to pedestrians and bicycles.
H.
Encourage persons to work, shop, and recreate in and around the neighborhood within which they live.
I.
Encourage the creation of a sense of place and a community spirit that promotes social interaction.
J.
Provide an efficient use of land, resulting in smaller networks of utilities and streets and lower housing and infrastructure maintenance costs.
§ 240-76.17 Relationship to other ordinances.
A.
The standards, provisions, regulations and requirements of this article shall supersede all standards, requirements, regulations and provisions of the Township Code, including the Township Subdivision and Land Development Ordinance,[1] that are in conflict with the standards, requirements and provisions set forth in this article. Except for the Zoning Ordinance, to the extent that a standard, provision, regulation and requirement is not specifically referenced in or regulated by this article, then the applicable chapter of the Township Code shall govern.
B.
Clear sight triangles shall only be required at intersections which do not have stop control devices. At intersections with stop control devices, applicants shall be required to calculate and provide adequate minimum safe sight distances in accordance with this article.
§ 240-76.18 Public water and sewer required.
The neighborhood design development site shall be served by public water and public sewer.
§ 240-76.19 Authorized uses.
In the ND Neighborhood Design District, neighborhood design developments are permitted by right. The following uses are only permitted by right when established as part of and within an approved neighborhood design development:
A.
Permitted uses.
(1)
Principal uses.
(b)
Nonresidential uses. Except as noted below, the following uses shall only be permitted within one or more core areas of a neighborhood design development as depicted on the preliminary plan for the entire neighborhood design development:
[1]
Agricultural sales, subject to § 240-95A(48).
[2]
Apartment in combination with business or nonresidential use, subject to § 240-95A(3).
[3]
Bar or tavern.
[4]
Bed-and-breakfast, subject to § 240-95A(4), excluding § 240-95A(4)(b).
[5]
Business or professional office.
[6]
Business services.
[7]
Contracting business.
[9]
Educational studio.
[10]
Financial institution.
[11]
Firehouse, subject to § 240-95A(9), but excluding § 240-95A(9)(d).
[12]
Hotel.
[13]
Incidental mineral removal, subject to § 240-95A(28), but excluding § 240-95A(28)(d) and (e). This use shall also be permitted outside of a core area.
[14]
Medical office; medical clinic.
[16]
Personal services.
[17]
Pet services.
[18]
Place of assembly. This use shall also be permitted outside of a core area, provided the use is depicted in an area designated as reserved common open space on a preliminary plan for the entire neighborhood design development, owned and operated by a homeowners' or condominium association, and primarily intended for use by the neighborhood design development residents and their guests.
[21]
Public building, other than Township-related facilities, subject to § 240-95A(9), but excluding § 240-95A(9)(d).
[22]
Public parking lot; public parking garage, subject to § 240-95A(33), but excluding § 240-95A(33)(a).
[23]
Recreation:
[a]
Public, subject to § 240-95A(38), but excluding § 240-95A(38)(c). This use shall also be permitted outside of a core area, provided the use is depicted in an area designated as reserved common open space on a preliminary plan for the entire neighborhood design development, owned and operated by a homeowners' or condominium association, and primarily intended for use by the neighborhood design development residents and their guests.
[b]
Commercial, subject to § 240-95A(10), but excluding § 240-95A(10)(b).
[c]
Noncommercial, subject to § 240-95A(38), but excluding § 240-95A(38)(c). This use shall also be permitted outside of a core area, provided the use is depicted in an area designated as reserved common open space on a preliminary plan for the entire neighborhood design development, owned and operated by a homeowners' or condominium association, and primarily intended for use by the neighborhood design development residents and their guests.
[24]
Repair shop.
[25]
Reserved common open space. This use shall also be permitted outside of a core area.
[26]
Restaurant (carry-out, fast-food or sit-down).
[27]
Retail store.
[28]
Retirement community, subject to § 240-95A(40), but excluding § 240-95A(40)(b).
[29]
School:
[a]
Public, subject to § 240-95A(9), but excluding § 240-95A(9)(d).
[b]
Private, subject to § 240-95A(9), but excluding § 240-95A(9)(d).
[c]
Commercial.
[30]
Temporary use or structure, other than a construction trailer, model home, or sales office, subject to § 240-95A(42).
[31]
Township-related facility. This use shall also be permitted outside of a core area.
[32]
Water tower; water storage facility.
[33]
Comparable uses not specifically listed, subject to § 240-95A(13) and § 240-76.25, except where "Zoning Hearing Board" is referenced, it shall mean the "Board of Commissioners."
(c)
Mixed uses. Mixed uses, consisting of combinations of residential and nonresidential uses permitted in the ND Neighborhood Design District shall be permitted to occupy the same building or lot, provided the applicable requirements of this article are met. Uses shall be permitted to be mixed both on the horizontal and vertical plane.
(d)
Multiple uses. More than one principal use or structure shall be permitted to occupy the same lot, provided the applicable requirements of this article are met.
(2)
Accessory uses.
(d)
Other accessory uses customarily incidental to and on the same lot with any permitted use authorized in this district.
(h)
Keeping of domestic pets.
(j)
Communication antenna mounted on an existing building or existing public utility storage or transmission structure, subject to § 240-95A(12).
(k)
Temporary construction trailer, model home or sales office, subject to § 240-95A(49).
(l)
Home occupation, subject to § 240-95A(21).
(m)
Family day-care home, subject to § 240-95A(17).
(o)
Administrative offices.
(p)
Retail sales of products produced on site.
§ 240-76.20 Area and bulk regulations.
In the ND Neighborhood Design District, all uses shall be subject to the following regulations. The area and bulk regulations provided in this section shall supersede all area and bulk regulations for specific uses provided in § 240-95 or elsewhere in the chapter that are in conflict with the area and bulk regulations set forth in this section.
A.
Overall neighborhood design development site area standards.
(1)
Minimum overall area of neighborhood design development site: 50 contiguous acres.
(2)
Maximum lot coverage: 70% of overall neighborhood design development site area included as part of a neighborhood design development site under this article.
(3)
Minimum reserved common open space: 25% of overall neighborhood design development site area included as part of a neighborhood design development site under this article.
(4)
Required mix of residential uses. The neighborhood design development site must include a minimum of three different categories of permitted dwelling types (i.e., single-family dwelling and two-family dwelling; triplex, fourplex and townhouse; and multifamily dwelling). No one permitted dwelling type shall be less than 15% nor more than 50% of the total number of permitted dwelling units.
(5)
Maximum dwelling unit density per gross acre of overall neighborhood design development site area included as part of a neighborhood design development site under this article: 8.5.
(6)
Minimum nonresidential development of overall neighborhood design development site. There shall be a minimum of 50,000 square feet of nonresidential building gross floor area within the neighborhood design development site, devoted entirely to commercial use. A minimum of 25,000 square feet of nonresidential building gross floor area shall be included on the final plan for the initial phase of the neighborhood design development. The initial 25,000 square feet of nonresidential building gross floor area must be constructed within three years of the recording date of the final plan for the initial phase of the neighborhood design development or prior to approval of the final plan for the phase immediately following the initial phase, whichever occurs earlier. 50,000 square feet of nonresidential building gross floor area shall be constructed before completion of construction of not more than 75% of the total approved dwelling units as depicted on the preliminary plan for the entire neighborhood design development.
B.
Minimum lot area.
(1)
Single-family dwelling and two-family dwelling: 4,000 square feet per dwelling unit.
(2)
Triplex, fourplex and townhouse: 1,400 square feet per dwelling unit.
(3)
Multifamily dwelling, mixed-use (residential and nonresidential) building and nonresidential principal uses: There shall be no minimum lot area. Lot area shall be based on required yards, parking, building separations, environmental limitations and other applicable criteria.
C.
Minimum lot frontage (on a public or private street, including alleys, or on an open space area located between and adjoining both such lot and a street or alley, provided the lot adjoins and has access to at least one street or alley).
E.
Minimum front yard.
(1)
Single-family dwelling, two-family dwelling, triplex, fourplex and townhouse structure: five feet.
(a)
Single-family dwelling units fronting on a public street. For single-family dwelling units with frontage on a public street, the buildings shall be set back a minimum of nine feet from the edge of the cartway.
(2)
Multifamily dwelling, mixed-use (residential and nonresidential) structure and all other principal structures: 10 feet.
(3)
Accessory structures: The regulations of § 240-76.20H shall apply.
F.
Minimum rear yard.
(1)
Single-family dwelling, two-family dwelling, triplex, fourplex and townhouse structure: 20 feet, or five feet if the building is served by rear alley access.
(2)
Multifamily dwelling, mixed-use (residential and nonresidential) structure and all other principal structures: five feet.
(3)
Accessory structures: The regulations of § 240-76.20H shall apply.
G.
Minimum side yard:
H.
Yard requirements for accessory structures. Except as provided below, the regulations of § 240-99 shall apply.
(1)
Except as provided below, all accessory structures shall be set back a minimum of five feet from the rear and side property lines and shall not be located in the front yard.
(a)
Fences and walls.
[1]
Fences and walls no greater than four feet in height shall be permitted in the required front yard, provided they are located at least one foot off the property line.
[2]
The minimum required openings set forth in § 240-99C(3)(c) shall not apply.
[3]
Fences and walls no greater than six feet in height shall be permitted in the required side or rear yard, provided they are located at least one foot off the property lines.
I.
Attached townhouse units. Individual townhouse buildings shall be permitted to contain not more than eight attached dwelling units.
J.
Building separation. Unless buildings are attached, the minimum separation between multifamily dwellings, mixed-use (residential and nonresidential) buildings and nonresidential principal buildings on the same lot, excluding accessory structures, at any point shall not be less than 10 feet, unless a lesser distance is permitted by the Township Building Code.
K.
Permitted projection into required yards. The following shall be permitted to project into any required yard:
(1)
An unenclosed porch, deck or patio shall be permitted to intrude into a required yard a maximum of 50% of the required yard, provided there shall be a minimum setback of five feet.
L.
Maximum height.
M.
Building materials. The exterior finishes of all principal residential and nonresidential buildings and private garages (but excluding the roof, trim around windows and doors, flashing, minor architectural features and ornamentation and the like) shall be constructed out of brick, cultured stone, stucco (when used as an accent to other approved building materials), cementitious siding or combination of the foregoing, or as otherwise approved by the Township Manager or designee. All principal residential and nonresidential buildings and private garages shall have brick or cultured stone to grade construction, being that no portion of the building between the ground and any bottom of the first floor shall show exposed concrete block. No vinyl or aluminum siding shall be permitted on principal residential and nonresidential buildings and private garages. All buildings shall be constructed in accordance with the Township Building Code.
§ 240-76.21 Off-street parking and loading.
Except as provided below, the regulations of Article XVII shall apply.
A.
Off-street parking.
(1)
Access.
(a)
The number of access drives from a single lot or development to any public or private street, excluding alleys, shall not exceed two for every 100 feet of street frontage. This excludes individual driveways for single-family dwellings, two-family dwellings, triplexes, fourplexes and townhouses, which shall be limited to only one driveway per dwelling unit.
(b)
Access drives shall be located at least 50 feet from the intersection of any two street right-of-way lines.
(c)
Where a site has frontage on more than one street, access shall be provided from the street with the lower traffic volume, if physically practical. This excludes individual driveways for residential uses.
(2)
Location of parking areas.
(a)
Except for single-family dwellings or where on-street parking is permitted, required parking spaces shall not be required to be located on the same lot with the principal use.
(b)
All parking areas containing more than five parking spaces shall be located at least five feet from any adjoining residential lot.
(3)
Off-street parking requirements.
(a)
Residential uses.
[1]
Minimum parking spaces required for triplex, fourplex and townhouse: two parking spaces per dwelling unit.
(b)
Nonresidential uses. Except as provided below, the regulations of § 240-112 shall apply to the minimum parking spaces required for nonresidential uses.
(c)
Mixed uses. The required off-street parking shall be equal to no less than the sum of the off-street parking required for each of the mixed uses.
(4)
On-street parking. Notwithstanding any other Township standard, provision, regulation or requirement, on-street parking shall be permitted along all streets except as prohibited under Pennsylvania Motor Vehicle Code. Required off-street parking spaces shall be permitted to be satisfied through on-street parking spaces located within 600 feet of the entrance to a building or use that is regularly used by patrons and/or occupants. The on-street parking spaces shall be directly accessible by pedestrians using sidewalks or other designated pedestrian pathways.
B.
Off-street loading.
(1)
Location. Loading berths shall be permitted to be located in alleys. Loading berths shall be located at least 25 feet from the nearest point of intersection of any two streets, excluding alleys.
(2)
Screening. For purposes of determining compliance with the screening regulations in § 240-113A(4), screening shall not be required to separate nonresidential uses from residential uses located in the same mixed-use building.
§ 240-76.22 Signs.
Except as provided below, the regulations of Article XVIII shall apply.
A.
Signs authorized in all zoning districts. Except as provided below, signs in the neighborhood design development site shall comply with the sign regulations in § 240-117.
C.
Other permitted signs.
(1) MAJOR DEVELOPMENT/PROJECT-WELCOME SIGN(a) (b) (c) (d) (e) (f)
Definition. As used in this section, the following terms shall have the meanings indicated:
A large, freestanding sign erected during the period of construction and/or development of a property by the contractor/developer or their agent. Upon completion of the time frame listed in this article and removal of the "major development" message/content, the sign shall be permitted to contain the development name, logo and could also contain the phrase "Welcome to" or similar project message, and shall be permitted to include advertising for on-premises businesses. Such signs shall be permitted on the neighborhood design development site, provided that:
This sign shall be permanent, except that the "major development" message/content shall be removed within 30 days of the sale or rental of the last lot/space or completion of the proposed construction in the development.
The surface area of any one sign shall not exceed 150 square feet and the height shall not exceed 20 feet.
The signs shall be permitted to be double sided.
The sign shall be permitted to be illuminated or nonilluminated.
There shall be no more than two major development/project-welcome signs per neighborhood design development.
The minimum lateral distance between major development/project-welcome signs shall be 1,000 feet.
§ 240-76.23 Reserved common open space standards.
A.
General standards for reserved common open space designation.
(1) RESERVED COMMON OPEN SPACE
Definition. As used in this section, the following terms shall have the meanings indicated:
A lot or portion thereof that is located within, adjacent to, or across a public street from a neighborhood design development site and is reserved for the use and enjoyment of the residents of a neighborhood design development site and/or the general public, including floodplains and stormwater management basins, but not including streets and off-street parking areas.
(2)
The location and layout of the reserved common open space shall be designed and configured so as to serve residents of the neighborhood design development site and/or the general public and achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
(a)
Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.);
(b)
Protection of important historical and/or archaeological sites;
(c)
Provision of usable areas that are conveniently accessible to residents within the neighborhood design development site and/or the general public;
(d)
Integration of greenbelts and trails throughout the neighborhood design development site that link residences with on-site or adjoining parks, schools, or other similar features;
(e)
The dedication of reserved common open space at a site deemed appropriate by the Board of Commissioners and that involves land that is clearly suitable for active and/or passive recreation; and
(f)
The provision of reserved common open space in a location that will allow homes to be buffered from nuisance-generating uses, such as a heavily traveled street or industrial uses. In such case, intensive landscaping and/or planting for eventual reforestation shall be provided.
(3)
Areas devoted to stormwater management facilities shall be permitted to be included within the minimum required reserved common open space area where such facilities are integrally incorporated into the overall open space design using best management practices to:
B.
Standards for ownership of reserved common open space. Reserved common open space shall be reserved for open space or passive or active recreational use by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorded in the Office of the Recorder of Deeds of Allegheny County. Subject to such permanent restrictions, reserved common open space land in any neighborhood design development site shall be permitted to be owned by a homeowners' or condominium association, the Township, a land trust or other conservation organization recognized by the Township, or by a similar entity, shall be permitted to remain in private ownership, or any combination thereof, in accordance with § 240-90B.
§ 240-76.24 Additional design standards.
A.
Streets. See Appendix 1,[1] but also the additional design standards as follows:
(1)
Frontage required. Frontage on a public street is not required, but each lot shall have frontage in accordance with § 240-76.20C.
(2)
Private alleys.
(a)
Alleys, as defined by Chapter 215, the Township Subdivision and Land Development Ordinance, shall be permitted in neighborhood design development sites.
(b)
Alleys shall be constructed in accordance with Township construction standards and shall meet the minimum design standards shown in Appendix 1 for local streets.
(3)
Layout. Intersections of four streets at one point shall be permitted.
(4)
Right-of-way and paving widths. Minimum widths of rights-of-way and minimum widths of paving shall be provided in accordance with the requirements specified in Appendix 1 for permitted street types/sections of streets and alleys.
(5)
Block pattern. Street rights-of-way shall be permitted with ten-foot minimum paved radii.
(6)
Visibility, minimum safe sight distance.
(a)
At all proposed driveways and intersections, minimum acceptable sight distance shall be provided for all permitted turning movements.
(b)
The minimum acceptable sight distance values shall be calculated and provided in accordance with the Figures SF-4, SF-5 and SF-6 of the Township Construction Standards and Appurtenances, last amended April 7, 2010. Adequate minimum safe sight distance shall be measured from the edge of the main traveled portion of any highway (i.e., edge of travel lane or travel way), exclusive of shoulder, auxiliary lane, and on-street parking lane, as opposed to edge of pavement.
(7)
Roadway design.
(a)
Horizontal alignment.
[1]
Horizontal radius. Minimum center line radius: 100 feet.
[2]
Reverse curve. Reverse curbs shall be permitted with minimum ten-foot tangent.
[3]
Emergency access. Suitable access for emergency vehicles shall be provided within all neighborhood design development sites, including adequate clear width and height, and including access to reach all principal buildings.
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
B.
Curbs.
(1)
Curbs shall not be required along collector streets, as defined by this chapter.
(2)
In addition to the other permitted materials, curbs shall be permitted to be constructed of Belgian block or granite segments, in accordance with Appendix 2.[2] Repair and replacement of Belgian block or granite curbing shall be the responsibility of the owner of the property abutting such curbing and/or a homeowners' or condominium association.
[2]
Editor's Note: Appendix 2 is included as an attachment to this chapter.
C.
Sidewalks. In lieu of providing a sidewalk along the frontage of a collector street, as defined by this chapter, a minimum eight-foot-wide sidewalk or eight-foot-wide trail, paved to Township standards, shall be permitted to be constructed elsewhere on the property, at a location mutually agreed to by the Township and the applicant, and within an easement or other right-of-way granted by the applicant, provided that such alternative trail or sidewalk is open to the public and creates a continuous pedestrian pathway connecting either end of the property at points along or near such collector street. Notwithstanding the foregoing, neither the sidewalk along the collector street nor such alternative trail or sidewalk shall be required to extend or cross over railroads, streams, floodplains, steep slopes or other natural features that would require the construction or widening of a bridge or culvert.
D.
Fees in lieu of dedication of land for recreation.
(1)
In neighborhood design developments, payment of fees in lieu of dedication of land, calculated based on the number of dwelling units, shall be permitted in lieu of dedication or provision of recreation land required under § 215-70 of the Township Subdivision and Land Development Ordinance. The fee attributable to each dwelling unit (including apartment units) shall be paid upon approval of each phase of development and in conjunction with issuance of the first building permit for that phase.
E.
Lot frontage. Frontage on a public street right-of-way is not required, but all lots created by a subdivision shall have frontage in accordance with § 240-76.20C.
F.
Stormwater management facilities.
(1)
Basins.
(a)
Slopes of open stormwater detention basins shall have slopes of three horizontal to one vertical; slopes greater than 3:1 shall be permitted if accompanied by a geotechnical engineering report to providing recommendations of the same. Walls may be permitted to transition grades where necessary as long as fencing of the basin is provided where walls exceed four feet in height.
(b)
Subsurface stormwater basins. Subsurface stormwater basins shall be permitted stormwater management facilities.
G.
Sewer and water dedication. Sewer and water dedications shall not be a prerequisite to issuance of building permits. Final release of the public improvement bond may be held as assurance of dedication.
§ 240-76.25 Modifications.
The Board of Commissioners may approve the modification of the provisions of this article, and any provision of the Zoning Ordinance that is referenced in this article, in order to encourage innovation and provide flexibility in the design of neighborhood design sites. Any approved modification of the requirements of this article shall be subject to the following standards.
A.
The modification is consistent with the purpose and intent of this article.
B.
The modification will not result in any danger to the public health or welfare or in adverse impact to adjoining properties or future inhabitants of the neighborhood design development site.
C.
The modification will not result in an increase in residential densities permitted for the neighborhood design development site area.
D.
The modification will allow for equal or better results and represent the minimum amount of relief necessary.