West Homestead City Zoning Code
PART 20
PUBLIC SAFETY OVERLAY ZONE
§ 27-2001 Purpose.
[Ord. No. 729, 9/12/2023]
The purpose of this Part is to create a Public Safety Overlay Zone that considers safety issues around access to the Borough Building, with special considerations that the Police Department operates from the building and is fronted directly on a public street. The West Homestead Borough Police Department needs to regulate and restrict certain activities within a perimeter of the entrances of the building to maintain the security and safety of the Police Department and the general public.
§ 27-2002 Relation to Other Zone Districts.
[Ord. No. 729, 9/12/2023]
The Public Safety Overlay Zone shall not modify the boundaries of any underlying zoning district. Where identified, the Public Safety Overlay Zone shall impose certain additional requirements above and beyond the existing requirements on land use and construction in addition to those contained in the underlying zoning district. If a conflict between the underlying zoning district and the overlay district exists, the requirements of the overlay district will prevail.
§ 27-2003 Definitions.
[Ord. No. 729, 9/12/2023]
The following words and phrases, when used in this Part, shall have the meaning given to them in this section unless the context clearly indicates otherwise:
Anyone who is authorized by the West Homestead Borough Police Department to be on property, including, but not limited to, employees of the Borough of West Homestead.
Direct employees of the owner or building tenant of a building.
See Police Department.
Anyone not a member of the West Homestead Borough Police Department, a building tenant, or an authorized personnel.
Any operations conducted by officials or employees of the West Homestead Police Department or West Homestead Borough.
The West Homestead Police Department.
Use classification as identified under the Code of the Borough of West Homestead.
§ 27-2004 Establishment of Public Safety Overlay Zone.
[Ord. No. 729, 9/12/2023]
1.
There are hereby created and established certain zones within this Part, defined in and depicted on Figure 1[1] and, all hereby adopted as part of this Part, which include:
A.
Transitional Access Zone. Shall consist of a zone extending from the Restricted Access Zone 400 feet in diameter centered the eastern most corner of the West Homestead Borough Building.
B.
Restricted Access Zone. Shall consist of a zone 140 feet in diameter centered at the eastern most corner of the West Homestead Borough Building.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
§ 27-2005 Permit Applications.
[Ord. No. 729, 9/12/2023]
1.
Any person who plans to erect a new structure, add to an existing structure, or occupy a structure, in the vicinity of the West Homestead Police Department shall first notify the Borough by submitting a zoning use application to the Borough who will forward said application through the Zoning Officer to the West Homestead Police Department for review and comment at least 30 days prior to occupancy.
2.
Conditional Determination. The West Homestead Police Department shall issue a determinization within 30 days of receipt of application, identifying any further access restrictions to the portions of the structures abutting the unnamed alley at the rear of the Borough Building and/or Shady Lane, than those outlined below to use as proposed.
§ 27-2006 Use Restrictions.
[Ord. No. 729, 9/12/2023]
1.
Transitional Access Zone. No use or activity shall be performed in this zone that would require the general public to traverse this zone through the unnamed alley at the rear of the West Homestead Borough Building. Access to properties by owners/tenants of any property with property adjoining the opened section of Shady Lane or unnamed alley will be maintained on public streets by owners/tenants in this zone.
2.
Restricted Access Zone. No new use or activity shall be performed within this perimeter that allows for the access of the building for the general public directly into this zone. Accesses to and from the subject building by the building tenant would be permitted. Emergency egress from structures into this zone would be permitted. Incidental periodic deliveries (less than once daily) would also be permitted. No loitering of the general public or building tenants is permitted in this zone.
§ 27-2007 Pre-Existing Nonconforming Uses.
[Ord. No. 729, 9/12/2023]
The regulations prescribed by this Part shall not be construed to require the removal, or other change or alteration of any structure or use not conforming to the regulations as of the effective date of this Part, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be altered or permitted to grow, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
§ 27-2008 Violations and Penalties.
[Ord. No. 729, 9/12/2023]
The enforcement and penalties regarding violations of this Part shall be the same as those set forth in § 27-1508.
§ 27-2009 Appeals.
[Ord. No. 729, 9/12/2023]
All appeals from actions taken pursuant to this Part shall be the same as those set forth in § 27-1611.