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West Leechburg City Zoning Code

PART 3

Land Use

§ 290-9 Zoning Districts.

A. 
The Borough of West Leechburg is hereby divided into the following base zoning districts:
R1
Single-Family Residential District
R2
Single-Family Residential District
R3
Multifamily Residential District
MHP
Mobile Home Park District
NC
Neighborhood Commercial District
CF
Community Facilities District
CON
Conservation District
IN
Industrial District
B. 
In addition to the base zoning districts established by this chapter, the following overlay zoning districts are hereby created:
SS
Steep Slope Overlay District
PRD
Planned Residential District.
C. 
The district boundaries are shown on the Official Zoning Map.[1]
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.

§ 290-10 Zoning Map.

The Official Zoning Map[1] adopted in conjunction with this chapter is hereby established as the Official Zoning Map (hereinafter "Official Zoning Map" or "Zoning Map") of West Leechburg Borough, Pennsylvania. The Official Zoning Map designates the respective zoning districts in accordance with this chapter.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.

§ 290-11 Interpretation of district boundaries.

A. 
In determining the boundaries of districts, and establishing the provisions applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the Borough.
B. 
Wherever any uncertainty exists as to the boundary of a district as delineated on the Zoning Map, the following rules shall govern:
(1) 
Where a zoning district boundary line is shown as following a street, alley, or utility right-of-way, or watercourse, it shall be construed as following the center line of the right-of-way or watercourse.
(2) 
Where a zoning district boundary line appears to follow or approximately coincide with a lot or property ownership line, it shall be construed as following such line.
(3) 
Where a public street or alley is officially vacated, the zoning designation applicable to abutting property on each side of the center line shall apply up to the center line of such street or alley.
(4) 
All property lines and dimensions shown on the Official Zoning Map[1] shall be construed to be those property lines and dimensions described in the proper deeds of record for the subject property.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
(5) 
Where district boundary lines divide a lot, the more restrictive district regulations shall apply.
(6) 
In the case of further uncertainty, the Zoning Hearing Board shall interpret the intent of the Zoning Map as to the location of the district line in question.

§ 290-12 Permitted land uses.

A. 
The list of land uses and supplemental regulations contained in the Land Use Table are incorporated in this section and are adopted as the basic land use regulations for the Borough. Table 3A,[1] which may be generally referred to as the "Land Use Table," identifies the types of land uses that are permitted within the Borough.
[1]
Editor's Note: Table 3A, Land Use Table, is included as an attachment tot this chapter.
B. 
To determine the zoning district(s) in which a particular land use is allowed, find the land use in the list of uses along the left side of the Land Use Table and read across the use row to find the district column designations.
C. 
Legend:
P
Use is permitted by right in a specified district
A
Use is permitted as an accessory use in a specified district
C
Use is allowed as a conditional use in a specified district.
D. 
The land uses listed in the Land Use Table are defined in Article II, Terminology.
E. 
The supplemental regulations indicated in the far right column of the Land Use Table are detailed in § 290-13.

§ 290-13 Supplemental regulations pertaining to land use table.

The following supplemental regulations shall apply to the land uses as indicated below:
A. 
All storage associated with the land use shall be indoors unless the use is located within an industrial district.
B. 
Communications antennas and communications towers shall be regulated as follows:
(1) 
The tower operator shall be licensed by the Federal Communications Commission and shall comply with all applicable regulations.
(2) 
The cumulative height of the antenna and tower shall not be greater than the minimum distance between the base of the tower and the edge of the parcel of land on which the tower is located.
(3) 
Where possible, co-location of antennas on existing towers shall be sought, and the applicant must show proof that it has attempted to share antennae space with another tower and that those attempts have not been successful.
(4) 
No more than one tower shall be located on a lot.
(5) 
All supports for the tower (guy wires and anchors) shall be located on the parcel occupied by the tower, or located on an adjacent parcel if under the same ownership.
(6) 
The base of the tower shall be surrounded by a chain link fence at least six feet high with secured access.
(7) 
Access to the tower property shall be from an existing street or easement at least 20 feet wide.
(8) 
The tower shall be licensed by the Federal Communications Commission prior to construction and shall be designed by a registered engineer licensed within the Commonwealth of Pennsylvania.
(9) 
Prior to the construction of any base, tower, antenna or equipment, the plans and specifications for such placement shall be presented to the Borough Council for review and approval.
(10) 
Towers shall be screened from adjacent properties to the greatest degree practicable.
(11) 
In the event the tower is no longer in use or is abandoned, the property owner shall cause the tower to be removed within one year of such abandonment or termination of use.
(12) 
Advertisements of any type shall not be permitted on a communications tower or a communications antenna.
C. 
Private garages shall be for the exclusive use of the residential property owner(s) and shall be located on the same parcel of land as the principal residential structure.
D. 
Outdoor storage sheds shall be for the exclusive use of the residential property owner(s) and shall be located on the same parcel of land as the principal residential structure.
E. 
Recreational facilities shall be for the exclusive use of the residential property owner(s) and shall be located on the same parcel of land as the principal residential structure.
F. 
No drive-through facilities shall be permitted.
G. 
Individual mobile homes located on their own lots shall comply with the following supplemental regulations:
(1) 
The mobile home shall meet all requirements of this chapter for single-family dwelling units.
(2) 
The mobile home shall be supported directly on a periphery masonry foundation carried at least three feet below grade. The area below the floor shall be ventilated but completely enclosed by a masonry wall.
(3) 
The mobile home shall be placed on its foundation not later than 30 days after arrival on the lot.
(4) 
No mobile home shall be occupied until the Code Enforcement Officer verifies that connections have been made to approved water, sewer, electrical and gas services.
(5) 
The mobile home shall be securely tied down to its foundation by exterior over-the-top or built-in steel straps.
(6) 
A mobile home lacking bathroom or kitchen facilities shall not be permitted for occupancy.
(7) 
A mobile home shall not be removed from the Borough until the owner has secured certification that all Borough, school district and county taxes have been paid in full.
(8) 
A mobile home brought into the Borough shall comply with the National Manufactured Housing Construction and Safety Standards Act, as amended.[1]
[1]
Editor's Note: See 42 U.S.C. § 5401 et seq.
H. 
Nursing homes and assisted living facilities shall comply with the following:
(1) 
Facilities shall be set back a minimum of 75 feet from any property line or street right-of-way line.
(2) 
An outdoor landscaped sitting area shall be provided. The sitting area shall not be located on slopes of 5% or greater nor shall it be adjacent to parking lots, detention basins, or collector or arterial streets unless adequate screening is provided.
(3) 
Facilities shall be licensed and operated in accordance with the Pennsylvania Department of Health. Licenses shall be clearly displayed and made available for inspection at all times. A license shall be obtained from the Department as a condition of issuing a use and occupancy permit by the Borough.
I. 
Adult day care service centers shall comply with the following:
(1) 
Adult day care service centers shall hold a valid license from the Pennsylvania Department of Aging, meet the regulations of the Pennsylvania Older Adult Living Centers Licensing Act of 1993 (6 Pa. Code § 11.1 et seq.), and the applicable requirements of all other state and county agencies. Where any of the requirements in this section conflicts with state requirements, the more restrictive requirement shall apply.
(2) 
Each operator of an adult day care service center shall register with the Borough prior to the initiation of such use. The operator must certify compliance with all aspects of Borough requirements as well as Commonwealth of Pennsylvania requirements for adult day care service centers.
(3) 
Adult day care service centers shall not be permitted as an accessory use in private homes.
(4) 
Proposed structures and appurtenances shall be architecturally compatible with surrounding structures. Additional conditions, including buffers, may be imposed to mitigate any potentially adverse impact relating to the site or surrounding areas, and further such designs will allow the reversion to compatible permitted uses with the district, should the adult day care service center cease to exist.
J. 
Sexually oriented businesses shall comply with the following:
(1) 
Uses shall be located a minimum of 1,000 feet from another existing adult commercial use.
(2) 
Uses shall be located a minimum of 500 feet from any residential zoning district, church, school, day care facility, or public playground or park.
(3) 
Signs and visible messages based on the allowable sign area within the applicable zoning district shall be permitted, provided:
(a) 
Sign messages shall be limited to verbal description of materials or services available on the premises.
(b) 
Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.
(c) 
Messages which are visible or intended to be visible from outside the property, such as on or within doors or windows, shall not display materials, items, publications, pictures, films or printed material available on the premises.
(4) 
Uses shall require application for a conditional use permit from the Borough Council, with such application consisting of:
(a) 
Information as required by Article XXII of this chapter.
(b) 
A description of the premises for which the permit is sought.
(c) 
A statement of the intended use(s).
(d) 
Hours of operation.
(e) 
Type, size and location of proposed sign(s).
(5) 
Should any sexually oriented business cease or discontinue operation for a period of 90 or more consecutive days, it shall not resume, nor may it be replaced by another adult commercial use, unless said use complies with all the requirements of this chapter.
K. 
Boardinghouses shall comply with the following:
(1) 
A maximum of four boarders shall be permitted in a boardinghouse.
(2) 
Each boarding unit shall have a minimum floor area of 200 square feet. A maximum of two boarders may share a boarding unit.
(3) 
Each boardinghouse shall contain a communal kitchen with full cooking facilities. Cooking facilities shall not be permitted within individual rooms.
(4) 
A complete bathroom facility shall be provided for every three boarding units.
(5) 
The operator of a boardinghouse shall reside on the property.
(6) 
The boardinghouse shall be in compliance with all applicable state and county requirements and proof of required inspections and valid permits indicating compliance with the applicable standards shall be provided to the Borough upon request.
L. 
Child day-care centers, family day care homes and group day care homes shall comply with the following:
(1) 
Each operator shall register with the Borough prior to the initiation of such use. The operator must certify compliance with all aspects of Borough requirements as well as Commonwealth of Pennsylvania requirements.
(2) 
Such use shall hold an approved Pennsylvania Department of Public Welfare registration certificate or license, as appropriate, and meet all current Department regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local Building and Fire Safety Codes.
(3) 
Such use shall be fully protected by smoke detectors and fire extinguishers and shall be inspected and approved by the Borough Code Enforcement Officer prior to the initial use and periodically thereafter to ensure that all safety requirements are actively maintained.
(4) 
The requisite outdoor play area as defined by the Department of Public Welfare standards shall be surrounded by a safety fence or equivalent natural barrier.
(5) 
Outside play shall be limited to hours between 8:00 a.m. and 7:00 p.m. or sunset, whichever occurs earlier.
(6) 
The amount of floor area devoted to the use shall not exceed 25% of the total floor area of the dwelling.
M. 
Home occupations, also referred to as "no-impact home-based businesses," shall comply with the following:
(1) 
A zoning permit is required before the use can be initiated.
(2) 
The business or commercial activity administered or conducted as an accessory use shall be clearly secondary to the use as a residential dwelling and shall involve no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
(3) 
The business or commercial activity must satisfy the following requirements:
(a) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b) 
The business shall employ no employees other than family members residing in the dwelling.
(c) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e) 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f) 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h) 
The business may not involve any illegal activity.
N. 
Mobile home parks shall comply with Article VII, MHP, Mobile Home Park District, of this chapter.
O. 
Substance abuse treatment facilities shall comply with the provisions of Section 621 of the Pennsylvania MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10621.
P. 
Amateur radio tower and antennas shall comply with the following provisions:
(1) 
All installations of a support structure and antenna shall comply with the UCC.
(2) 
All installations shall conform to the applicable regulations of the Federal Communications Commission.
(3) 
The support structure for such antennas shall not be located within any required front or side setback of a lot.
(4) 
The support structure for such antennas shall be located behind the principal structure or building on the property.
(5) 
A guy wire shall not extend into the front yard of any lot. The anchor point for any guy wire shall not be located closer than three feet to any side or rear property line, unless such anchor point is located in an area which is enclosed by an opaque wall or opaque fence of not less than six feet in height.
(6) 
No element, part or portion of any antenna or supporting structure shall extend closer than five feet to an easement or street right-of-way; nor shall any element, part or portion of any antenna or supporting structure or self-supporting ground-mounted antenna extend closer than three feet to any property line which does not abut an easement or street right-of-way.
(7) 
The maximum cumulative height of the support structure and antennas shall be no greater than the minimum distance between the base of the tower and the nearest property line of the property on which the structure is located. The purpose of this restriction is to ensure that the structure, should it collapse, falls wholly within and on the property on which it is located.
(8) 
A chain-link fence at a minimum height of six feet with secured access shall be installed around the base of the structure.
(9) 
An application for a zoning permit shall be accompanied by plans and specifications demonstrating compliance with the provisions of this chapter. Such plans and specifications shall clearly delineate and identify the dimensions, size, type and location of the support structure and, if applicable, guy wires; the location, depth and type of guy anchors, if applicable; the type, size, number and weight of the maximum antennas or apparatus to be attached to, or supported by, the support structure; or any other information deemed necessary by the Borough Council to ensure compliance with this chapter, and provide for the health, safety and welfare of the surrounding property and residents.
(10) 
In the event the tower is no longer in use or is abandoned, the property owner shall cause the tower to be removed within one year of such abandonment or termination of use.
(11) 
Advertisements of any type shall not be permitted on a communications tower or a communications antenna.
(12) 
Variances from these provisions may be granted by the Borough Council in accordance with § 290-186 of this chapter.
Q. 
Agricultural activities shall be limited to growing of crops.
R. 
Bed-and-breakfast inns shall comply with the following requirements:
(1) 
Bed-and-breakfast inns shall only be permitted in single-family detached dwelling units. The owner/operator shall be the primary occupant of the establishment.
(2) 
No more than six bed-and-breakfast rooms shall be permitted in any bed-and-breakfast establishment located in a residential district.
(3) 
Meals may be served to guests as part of the room fee, but in no case shall meals be served to persons not staying in a bed-and-breakfast room.
(4) 
No cooking facilities shall be permitted in any bed-and-breakfast room.
(5) 
There shall be no external alteration to the building except as may be necessary for safety facilities, such as fire escapes.
(6) 
Signs shall comply with Article XVII.
(7) 
Rooms shall be rented on a nightly basis for periods not to exceed one week.
(8) 
Off-street parking shall be provided in accordance with Article XV.
(9) 
The applicant for a zoning permit shall demonstrate that adequate public sewer and water service will be provided to the establishment.
S. 
Oil and gas extraction operations shall comply with the following requirements:
(1) 
The applicant shall submit evidence that all required application materials have been submitted to the PA Department of Environmental Protection.
(2) 
The applicant shall submit cross sections of the proposed access where it meets Borough streets.
(3) 
The applicant shall submit site distance measurements for access, whether proposed or existing.
(4) 
The applicant shall submit a plan showing the access route (of Borough or state roads) over which heavy equipment will travel to the site.
(5) 
The applicant shall meet all current minimum driveway site distance standards and shall demonstrate that the point of access to any Borough street will not cause the erosion of mud or debris onto said street.
(6) 
The applicant shall post all necessary street bonding as approved by the Borough Engineer.

§ 290-14 Temporary uses.

A. 
Intent. Temporary Uses shall be permitted by the granting of a temporary zoning permit issued by the Code Enforcement Officer in accordance with the requirements of this section.
B. 
General provisions.
(1) 
The duration of the temporary period is stated hereinafter; provided, however, renewal of the permit may be requested. The Code Enforcement Officer is not obligated to renew such permits if doing so leads to a de facto permanent use.
(2) 
Temporary uses shall be subject to all the regulations of the applicable district in which they are located.
C. 
Permitted temporary uses.
(1) 
Temporary office, model home or model apartment, and related signs, both incidental and necessary for the sale, rental, or lease of real property in the district. Maximum duration: 30 days after the completion of the last unit.
(2) 
Temporary building or yard for construction materials and equipment, both incidental and necessary to construction in the district. Maximum duration: 30 days after the completion of the project.
(3) 
Parking lot designated for a special event in a district. Maximum duration: three days.
(4) 
Other similar uses deemed temporary by the Borough Council and attached with such time period, conditions and safeguards as the Borough Council may deem necessary.
D. 
Standards.
(1) 
Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.
(2) 
Any floodlights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.
(3) 
The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.
(4) 
No temporary use shall create a nuisance for surrounding property owners.

§ 290-15 Fences and walls in Residential Districts.

A. 
For the purposes of this chapter, shrubs and hedges shall be regulated as fences and walls when located within a residential district and shall be regulated as stated in this section.
B. 
All fences and walls require zoning permits regardless of the proposed height.
C. 
Fence or wall height shall be measured from grade and shall not exceed 6.5 feet in height at any point.
D. 
No portion of an opaque fence or wall erected within a clear vision triangle may exceed 2.5 feet in height.
E. 
Fences and walls may be constructed of stone, brick, wood, vinyl, chain link or wire, wrought iron, aluminum, and ornamental concrete block, provided all other requirements herein are met. The finished side of the fence or wall shall face outward.
F. 
Fences or walls erected in front of any front setback shall not exceed four feet in height.
G. 
Fences and walls shall be located no closer than two feet from a property line in order for proper lawn maintenance to be permitted on both sides of the fence or wall and within the confines of the property on which the fence or wall is located.
H. 
Pen enclosures for animals shall be regulated as accessory structures.

§ 290-16 Purpose.

The purpose of the R1, Single-Family Residential District is to preserve the desirable character and stability of large lot residential areas in the Borough. These areas include single-family dwelling units on larger lots with greater setbacks and at a lower density than other residential districts.

§ 290-17 Permitted land uses.

See Table 3A, Land Use Table.[1]
[1]
Editor's Note: Table 3A, Land Use Table, is included as an attachment to this chapter.

§ 290-18 Lot provisions.

A. 
Minimum lot size: 13,000 square feet.
B. 
Minimum lot area per dwelling unit: 13,000 square feet.
C. 
Minimum lot width: 75 feet. The frontage requirement may be waived for a parcel not fronting on an existing road if the parcel is served by a proper right-of-way. For lots fronting on a cul-de-sac, the minimum lot width shall be measured at the front building line.
D. 
Maximum lot coverage: 50%.
E. 
Nonconforming lots shall comply with the provisions of Article XVIII.

§ 290-19 Setbacks.

A. 
The following setbacks shall be required for all principal structures, except as otherwise provided in Article XIV:
(1) 
Minimum front setback: 25 feet.
(2) 
Minimum side setback: 15 feet.
(3) 
Minimum rear setback: 25 feet.
B. 
The alignment provisions in Article XIV shall apply.
C. 
Fences, walls, terraces, steps or other similar features may encroach into a required setback, except as provided in Article XIV. Such appurtenances shall not be located within access, drainage or utility easements or Borough rights-of-way.
D. 
HVAC mechanical units may be located no closer than 10 feet to a side lot line.
E. 
Parking shall be permitted only on approved driveways.

§ 290-20 Building height.

A. 
The maximum height of a principal structure shall not exceed three stories or 35 feet, except as provided in Article XIV.
B. 
The maximum height of an accessory structure shall not exceed 18 feet, except as provided in Article XIV.

§ 290-21 Performance standards.

All residential construction shall substantially conform in street orientation to adjacent interior lot homes.

§ 290-22 Accessory structures and uses.

Customary and incidental accessory structures and uses shall be regulated as follows:
A. 
Accessory structures shall be subordinate in size to the principal structure on the lot.
B. 
Accessory structures shall not be placed within the front setback or front yard. Such structures shall be placed to the rear of the frontmost wall of the principal structure or building.
C. 
No accessory structures shall be permitted within a public right-of-way.
D. 
Accessory structures shall not be located closer than six feet to the rear and side property lines nor closer than six feet to the principal structure, unless otherwise indicated in this chapter.
E. 
On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
F. 
Accessory structures shall not exceed 18 feet in height from grade. In the case of accessory structures that serve as outdoor storage sheds associated with a principal residential structure, the height limit shall be measured from grade for each level of the structure.
G. 
No part of any accessory structure shall be designed or used for sleeping purposes, and no cooking fixtures shall be placed or permitted therein.
H. 
Pools are subject to the accessory use provisions herein and subject to a building permit.
I. 
Outdoor play equipment, such as swing sets and similar large recreational structures which are typically anchored to the ground and are not easily relocated, shall be placed in side or rear yards.

§ 290-23 Parking, loading and internal roadways.

See Article XV.

§ 290-24 Landscaping and screening.

See Article XVI.

§ 290-25 Signs.

See Article XVII.

§ 290-26 Grading and drainage.

See Article XIX.

§ 290-27 Purpose.

The purpose of the R2, Single-Family Residential District is to:
A. 
Preserve the more compact single-family neighborhoods in the Borough; and
B. 
Protect them from change and intrusion that may cause deterioration.

§ 290-28 Permitted land uses.

See Table 3A, Land Use Table.[1]
[1]
Editor's Note: Table 3A, Land Use Table, is included as an attachment to this chapter.

§ 290-29 Lot provisions.

A. 
Minimum lot size: 6,000 square feet.
B. 
Minimum lot area per dwelling unit: 6,000 square feet.
C. 
Minimum lot width: 40 feet. The frontage requirement may be waived for a parcel not fronting on an existing road if the parcel is served by a proper right-of-way. For lots fronting on a cul-de-sac, the minimum lot width shall be measured at the front building line.
D. 
Maximum lot coverage: 60%.
E. 
Nonconforming lots shall comply with the provisions of Article XVIII.

§ 290-30 Setbacks.

A. 
The following setbacks shall be required for all principal structures, except as otherwise provided in Article XIV:
(1) 
Minimum front setback: 15 feet.
(2) 
Minimum side setback: five feet.
(3) 
Minimum rear setback: 25 feet.
B. 
The alignment provisions in Article XIV shall apply.
C. 
Fences, walls, terraces, steps or other similar features may encroach into a required setback, except as provided in Article XIV. Such appurtenances shall not be located within access, drainage or utility easements or Borough rights-of-way.
D. 
HVAC mechanical units may be located no closer than five feet to a side lot line.
E. 
Parking shall be permitted only on approved driveways.

§ 290-31 Building height.

A. 
The maximum height of a principal structure shall not exceed three stories or 35 feet, except as provided in Article XIV.
B. 
The maximum height of an accessory structure shall not exceed 18 feet, except as provided in Article XIV.

§ 290-32 Performance standards.

All residential construction shall substantially conform in street orientation to adjacent interior lot homes.

§ 290-33 Accessory structures and uses.

Customary and incidental accessory structures and uses shall be regulated as follows:
A. 
Accessory structures shall be subordinate in size to the principal structure on the lot.
B. 
Accessory structures shall not be placed within the front setback or front yard. Such structures shall be placed to the rear of the frontmost wall of the principal structure or building.
C. 
No accessory structures shall be permitted within a public right-of-way.
D. 
Accessory structures shall not be located closer than six feet to the rear and side property lines nor closer than six feet to the principal structure, unless otherwise indicated in this chapter.
E. 
On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
F. 
Accessory structures shall not exceed 18 feet in height from grade. In the case of accessory structures that serve as outdoor storage sheds associated with a principal residential structure, the height limit shall be measured from grade for each level of the structure.
G. 
No part of any accessory structure shall be designed or used for sleeping purposes, and no cooking fixtures shall be placed or permitted therein.
H. 
Pools are subject to the accessory use provisions herein and subject to a building permit.
I. 
Outdoor play equipment, such as swing sets and similar large recreational structures which are typically anchored to the ground and are not easily relocated, shall be placed in side or rear yards.

§ 290-34 Parking, loading and internal roadways.

See Article XV.

§ 290-35 Landscaping and screening.

See Article XVI.

§ 290-36 Signs.

See Article XVII.

§ 290-37 Grading and drainage.

See Article XIX.

§ 290-38 Purpose.

The purpose of the R3, Multifamily Residential District is to:
A. 
Provide for a varied, slightly denser urban residential pattern suitable to the needs of the population by encouraging a range of dwelling types.
B. 
Preserve the desirable character of existing medium density family neighborhoods.
C. 
Protect the medium density residential areas from change and intrusion that may cause deterioration.

§ 290-39 Permitted land uses.

See Table 3A, Land Use Table.[1]
[1]
Editor's Note: Table 3A, Land Use Table, is included as an attachment to this chapter.

§ 290-40 Lot provisions.

A. 
Single-family dwelling unit.
(1) 
Minimum lot size: 6,000 square feet.
(2) 
Minimum lot area per dwelling unit: 6,000 square feet.
(3) 
Minimum lot width: 60 feet. The frontage requirement may be waived for a parcel not fronting on an existing road if the parcel is served by a proper right-of-way. For lots fronting on a cul-de-sac, the minimum lot width shall be measured at the front building line.
(4) 
Maximum lot coverage: 60%.
B. 
Two-family dwelling unit.
(1) 
Minimum lot size: 8,000 square feet.
(2) 
Minimum lot area per dwelling unit: 4,000 square feet.
(3) 
Minimum lot width: 60 feet. The frontage requirement may be waived for a parcel not fronting on an existing road if the parcel is served by a proper right-of-way. For lots fronting on a cul-de-sac, the minimum lot width shall be measured at the front building line.
(4) 
Maximum lot coverage: 60%.
C. 
Multifamily dwelling units.
(1) 
Minimum lot size: 12,000 square feet.
(2) 
Minimum lot area per dwelling unit: 1,200 square feet.
(3) 
Minimum lot width: 60 feet. The frontage requirement may be waived for a parcel not fronting on an existing road if the parcel is served by a proper right-of-way. For lots fronting on a cul-de-sac, the minimum lot width shall be measured at the front building line.
(4) 
Maximum lot coverage: 80%.
D. 
Nonconforming lots shall comply with the provisions of Article XVIII.

§ 290-41 Setbacks.

A. 
The following setbacks shall be required for all principal structures, except as otherwise provided in Article XIV:
(1) 
Minimum front setback: 25 feet.
(2) 
Minimum side setback:
(a) 
Single-family dwelling unit: five feet.
(b) 
Two-family dwelling unit: five feet.
(c) 
Multifamily dwelling unit: 10 feet.
(3) 
Minimum rear setback: 25 feet.
B. 
The alignment provisions in Article XIV shall apply.
C. 
Fences, walls, terraces, steps or other similar features may encroach into a required setback, except as provided in Article XIV. Such appurtenances shall not be located within access, drainage or utility easements or Borough rights-of-way.
D. 
HVAC mechanical units may be located no closer than five feet to a side lot line.
E. 
Parking for single-family dwellings and two-family dwellings shall be permitted only on approved driveways.

§ 290-42 Building height.

A. 
The maximum height of a principal structure shall not exceed three stories or 35 feet, except as provided in Article XIV.
B. 
The maximum height of an accessory structure shall not exceed 18 feet, except as provided in Article XIV.

§ 290-43 Performance standards.

All residential construction shall substantially conform in street orientation to adjacent interior lot homes.

§ 290-44 Accessory structures and uses.

Customary and incidental accessory structures and uses shall be regulated as follows:
A. 
Accessory structures shall be subordinate in size to the principal structure on the lot.
B. 
Accessory structures shall not be placed within the front setback or front yard. Such structures shall be placed to the rear of the frontmost wall of the principal structure or building.
C. 
No accessory structures shall be permitted within a public right-of-way.
D. 
Accessory structures shall not be located closer than six feet to the rear and side property lines nor closer than six feet to the principal structure, unless otherwise indicated in this chapter.
E. 
On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
F. 
Accessory structures shall not exceed 18 feet in height from grade. In the case of accessory structures that serve as outdoor storage sheds associated with a principal residential structure, the height limit shall be measured from grade for each level of the structure.
G. 
No part of any accessory structure shall be designed or used for sleeping purposes, and no cooking fixtures shall be placed or permitted therein.
H. 
Pools are subject to the accessory use provisions herein and subject to a building permit.
I. 
Outdoor play equipment, such as swing sets and similar large recreational structures which are typically anchored to the ground and are not easily relocated, shall be placed in side or rear yards.

§ 290-45 Parking, loading and internal roadways.

See Article XV.

§ 290-46 Landscaping and screening.

See Article XVI.

§ 290-47 Signs.

See Article XVII.

§ 290-48 Grading and drainage.

See Article XIX.

§ 290-49 Purpose.

The purpose of the Mobile Home Park District is to permit the establishment of such districts as required by the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 290-50 Permitted land uses.

See Table 3A, Land Use Table.[1]
[1]
Editor's Note: Table 3A, Land Use Table, is included as an attachment to this chapter.

§ 290-51 Lot provisions.

A. 
Maximum lot size for a mobile home park: one acre.
B. 
Minimum lot area per dwelling unit: Each lot/space reserved for one mobile home within a mobile home park shall contain at least 4,250 square feet.
C. 
Minimum lot width: 50 feet.

§ 290-52 Setbacks.

A. 
The following setbacks shall be required, except as otherwise provided in Article XIV:
(1) 
Minimum front setback. Each mobile home shall be set back from any internal road serving the mobile home park at least five feet from the edge of the street cartway where no right-of-way exists. No building, mobile home, or other structure shall be located closer than five feet from the street right-of-way of a street that is not internal to the mobile home park.
(2) 
Minimum side setback. Each mobile home shall be set back at least five feet from the side lot/space lines.
(3) 
Minimum rear setback. Each mobile home shall be set back at least five feet from the rear lot/space line.
(4) 
Accessory structures shall be set back at least five feet from all rear and side property lines.
(5) 
The above setbacks shall also apply to any office, laundry, recreation, social or other buildings contained within the mobile home park.
B. 
The alignment provisions in Article XIV shall apply.
C. 
Fences, walls, terraces, steps or other similar features may encroach into a required setback, except as provided in Article XIV. Such appurtenances shall not be located within access, drainage, utility easements or Borough rights-of-way.
D. 
HVAC mechanical units may be located no closer than six feet to a side lot line.
E. 
Parking shall be permitted only on approved driveways.

§ 290-53 Building height.

A. 
The maximum height of a principal structure shall not exceed 20 feet, except as provided in Article XIV.
B. 
The maximum height of an accessory structure shall not exceed 18 feet, except as provided in Article XIV.

§ 290-54 Density.

The maximum permitted density within a mobile home park shall be five units per acre.

§ 290-55 Lot coverage.

Within the mobile home park, no more than 60% of the site shall be covered with impervious surfaces. No more than 75% of an individual mobile home lot/space shall be covered with impervious surfaces.

§ 290-56 Required utilities.

All mobile home parks shall be connected to public water and sewer services.

§ 290-57 Erection of mobile homes on site.

A. 
The mobile home shall meet all requirements of this chapter for single-family dwelling units.
B. 
The mobile home shall be supported directly on a periphery masonry foundation carried at least three feet below grade. The area below the floor shall be ventilated but completely enclosed by a masonry wall.
C. 
The mobile home shall be placed on its foundation not later than 30 days after arrival on the lot.
D. 
No mobile home shall be occupied until the Code Enforcement Officer verifies that connections have been made to approved water, sewer, electrical and gas services.
E. 
The mobile home shall be securely tied down to its foundation by exterior over-the-top or built-in steel straps.
F. 
A mobile home lacking bathroom or kitchen facilities shall not be permitted for occupancy.
G. 
A mobile home shall not be removed from the Borough until the owner has secured certification that all Borough, school district and county taxes have been paid in full.
H. 
A mobile home brought into the Borough shall comply with the National Manufactured Housing Construction and Safety Standards Act, as amended.[1]
[1]
Editor's Note: See 42 U.S.C. § 5401 et seq.

§ 290-58 Accessory structures and uses.

Customary and incidental accessory structures and uses shall be regulated as follows:
A. 
Accessory structures shall be subordinate in size to the principal structure on the lot.
B. 
Accessory structures shall not be placed within the front setback or front yard. Such structures shall be placed to the rear of the frontmost wall of the principal structure or building.
C. 
No accessory structures shall be permitted within a public right-of-way.
D. 
Accessory structures shall not be located closer than six feet to the rear and side property lines nor closer than six feet to the principal structure, unless otherwise indicated in this chapter.
E. 
On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
F. 
Accessory structures shall not exceed 18 feet in height from grade. In the case of accessory structures that serve as outdoor storage sheds associated with a principal residential structure, the height limit shall be measured from grade for each level of the structure.
G. 
No part of any accessory structure shall be designed or used for sleeping purposes, and no cooking fixtures shall be placed or permitted therein.
H. 
Pools are subject to the accessory use provisions herein and subject to a building permit.
I. 
Outdoor play equipment, such as swing sets and similar large recreational structures which are typically anchored to the ground and are not easily relocated, shall be placed in side or rear yards.

§ 290-59 Parking, loading and internal roadways.

See Article XV.

§ 290-60 Landscaping and screening.

See Article XVI.

§ 290-61 Signs.

See Article XVII.

§ 290-62 Grading and drainage.

See Article XIX.

§ 290-63 Purpose.

The purpose of the NC, Neighborhood Commercial District is to accommodate existing and new businesses in the Borough where convenient access and visibility are available. This district is designed to provide for a variety of professional services, personal services, and retail uses primarily to local residents.

§ 290-64 Permitted land uses.

See Table 3A, Land Use Table.[1]
[1]
Editor's Note: Table 3A, Land Use Table, is included as an attachment to this chapter.

§ 290-65 Lot provisions.

A. 
Minimum lot size: 10,000 square feet.
B. 
Minimum lot width: 100 feet.
C. 
Nonconforming lots shall comply with the provisions of Article XVIII.

§ 290-66 Setbacks.

A. 
The following setbacks shall be required for all principal structures, except as otherwise provided in Article XIV:
(1) 
Minimum front setback: 25 feet.
(2) 
Minimum side setback: 10 feet.
(3) 
Minimum rear setback: 10 feet.
(4) 
Accessory structures shall be set back at least six feet from all rear and side property lines.
B. 
Fences, walls, terraces, steps or other similar features may encroach into a required setback, except as provided in Article XIV. Such appurtenances shall not be located within access, drainage, utility easements or Borough right-of-way.
C. 
HVAC mechanical units may be located no closer than six feet to a side lot line.

§ 290-67 Building height.

A. 
The maximum height permitted for all principal structures shall be two stories or 25 feet.
B. 
The maximum height for an accessory structure shall not exceed 18 feet.

§ 290-68 Parking, loading and internal roadways.

See Article XV.

§ 290-69 Landscaping and screening.

See Article XVI.

§ 290-70 Signs.

See Article XVII.

§ 290-71 Grading and drainage.

See Article XIX.

§ 290-72 Purpose.

The purpose of the CF, Community Facilities District is to provide for:
A. 
Adequate public recreation spaces to enhance the quality of life for Borough residents. Passive and active recreation uses are permitted. Existing recreation areas are to be preserved and potential new public recreation areas are encouraged.
B. 
Adequate municipal government facilities to address the needs of local residents.

§ 290-73 Permitted land uses.

See Table 3A, Land Use Table.[1]
[1]
Editor's Note: Table 3A, Land Use Table, is included as an attachment to this chapter.

§ 290-74 Lot provisions.

A. 
Minimum lot size: 40,000 square feet.
B. 
Minimum lot width: 120 feet.

§ 290-75 Setbacks.

A. 
The following setbacks shall be required for all principal structures, except as otherwise provided in Article XIV:
(1) 
Minimum front setback: 25 feet.
(2) 
Minimum side setback: 15 feet.
(3) 
Minimum rear setback: 25 feet.
(4) 
Accessory structures shall be set back at least 15 feet from all rear and side property lines.
B. 
The alignment provisions in Article XIV shall apply.

§ 290-76 Building height.

A. 
The maximum height permitted for all principal structures shall be three stories or 35 feet.
B. 
The maximum height for accessory structures shall not exceed 18 feet.

§ 290-77 Parking, loading and internal roadways.

See Article XV.

§ 290-78 Landscaping and screening.

See Article XVI.

§ 290-79 Signs.

See Article XVII.

§ 290-80 Grading and drainage.

See Article XIX.

§ 290-81 Purpose.

The purpose of the CON, Conservation District is to identify, preserve and protect those geographic areas within the Borough where steep slopes, wetlands or other environmentally sensitive features make certain types of development impractical or inappropriate. The regulations approved for this district are meant to preserve these unique and important features.

§ 290-82 Permitted land uses.

See Table 3A, Land Use Table.[1]
[1]
Editor's Note: Table 3A, Land Use Table, is included as an attachment to this chapter.

§ 290-83 Lot provisions.

A. 
Minimum lot size: 40,000 square feet.
B. 
Minimum lot width: 125 feet.

§ 290-84 Setbacks.

A. 
Minimum front setback: 25 feet.
B. 
Minimum side setback: 15 feet.
C. 
Minimum rear setback: 50 feet.
D. 
Accessory structures shall be set back at least 15 feet from all rear and side property lines.

§ 290-85 Building height.

A. 
The maximum height permitted for all principal structures shall be three stories or 35 feet.
B. 
The maximum height for an accessory structure shall not exceed 18 feet.

§ 290-86 Parking, loading and internal roadways.

See Article XV.

§ 290-87 Landscaping and screening.

See Article XVI.

§ 290-88 Signs.

See Article XVII.

§ 290-89 Grading and drainage.

See Article XIX.

§ 290-90 Purpose.

The purpose of the IN, Industrial District is to provide appropriate space and locations for a variety of industrial uses in ways that are least intrusive to other land uses. It is further intended that these regulations permit the development of certain functions, protect the surrounding areas from incompatible industrial activities, and restrict the intrusion of nonrelated uses, such as residential and commercial.

§ 290-91 Permitted land uses.

See Table 3A, Land Use Table.[1]
[1]
Editor's Note: Table 3A, Land Use Table, is included as an attachment to this chapter.

§ 290-92 Lot provisions.

A. 
Minimum lot size: 20,000 square feet.
B. 
Minimum lot width: 75 feet.

§ 290-93 Setbacks.

A. 
Minimum front setback: 25 feet.
B. 
Minimum side setback: 10 feet.
C. 
Minimum rear setback: 10 feet.

§ 290-94 Building height.

There shall be no limit on building height within this district.

§ 290-95 Parking, loading and internal roadways.

See Article XV.

§ 290-96 Landscaping and screening.

See Article XVI.

§ 290-97 Signs.

See Article XVII.

§ 290-98 Grading and drainage.

See Article XIX.

§ 290-99 Purpose.

A. 
The purpose of the Planned Residential Development (PRD) District is to foster the creation of new and the revitalization of existing neighborhoods in the Borough. The PRD regulations emphasize the creation of walkable neighborhoods that are compact and development that is sensitive to a site's environmental features, while also providing housing and transportation choices and usable open space.
B. 
Specifically, all development designed in accordance with this article should:
(1) 
Restore and enhance the natural systems of a site;
(2) 
Provide living environments that respond to natural and cultural features;
(3) 
Ensure economic viability through efficient use of land and market feasibility;
(4) 
Provide residential development that is economically feasible;
(5) 
Provide residential development that is environmentally oriented by encouraging the use of alternative forms of household energy and transportation;
(6) 
Protect surface and groundwater quality by managing, regulating and protecting stormwater;
(7) 
Ensure the highest architectural quality possible related to building methods and construction details;
(8) 
Consider lifecycle costs, durability and flexibility in building design; and
(9) 
Provide an interconnected system and hierarchy of streets and shared open spaces.

§ 290-100 General requirements.

A. 
Each phase or section of a multiphase PRD shall meet open space and density requirements on an independent basis. At no point during the development of a multiphase project shall the density of residential development in any phase of the PRD exceed the maximum density for the total land area included in that phase.
B. 
All engineering requirements shall be certified by a professional engineer licensed by the Commonwealth of Pennsylvania.
C. 
All architectural requirements shall be certified by a professional architect licensed by the Commonwealth of Pennsylvania.
D. 
The subdivision of all parcels of land shall be in conformance with the Westmoreland County Subdivision and Land Development Ordinance.
E. 
A rezoning of the property proposed for the PRD is required.
F. 
All construction requirements shall be in compliance with the UCC.

§ 290-101 Procedure for planned residential development approval.

A. 
The unique character of a PRD requires a thorough application and review process. PRDs are more complex and of a significantly different character than other projects requiring site plan review, and therefore, require the establishment of specific procedures different than those used to process most site plans. The procedures, standards, objectives and purpose set forth in this article, when in conflict with other provisions of this chapter, as they may pertain to PRDs, shall be superseding.
(1) 
Preapplication conference. The intent of the preapplication conference is to discuss with the applicant the compatibility of the proposed PRD with existing and anticipated land uses in the vicinity and the Borough's PRD procedures. At the preapplication conference, the Code Enforcement Officer and the Borough Engineer shall meet with the applicant to review a sketch plan of the proposed PRD which schematically shall illustrate proposed land uses, major structures, type and density of development, major site amenities, general street layout and configuration of all open space. The size and complexity of the PRD shall be discussed at the conference. The preapplication conference is mandatory and must be completed prior to the submission of a preliminary PRD plan.
(2) 
Preliminary PRD plan submission.
(a) 
It is the intent of the preliminary PRD plan submission to obtain approval from the Borough Council for the plans and design that the applicant contemplates. If the preliminary PRD plan is approved, the applicant is permitted to proceed to final PRD plan Procedure with reasonable assurance that the final PRD plan will be approved if substantially in compliance with the preliminary PRD plan.
(b) 
A request for approval of a preliminary PRD plan shall be submitted to the Borough Council for public hearing, review and recommendation. The Borough Council shall hold a public hearing on the PRD application. The Borough Council may impose additional reasonable conditions on the preliminary PRD plan.
(c) 
The application to rezone a parcel to the PRD designation shall be made concurrently with the submission of the preliminary PRD plan. A public hearing on the rezoning application shall be held. Once approved, the PRD zoning designation shall expire two years following the original date of approval if final approval is not achieved for the PRD plan.
(d) 
Following the public hearing and review of the preliminary PRD plan submission, the Borough Council shall recommend approval, modification, or denial of the preliminary PRD plan, and the reasons therefore. The Borough Council shall set forth written findings of fact describing how the preliminary PRD plan meets or does not meet the standards and objectives stated in this article.
(3) 
Final PRD plan submission.
(a) 
The applicant shall submit a final PRD plan to the Borough Council for review and approval, in accordance with the conditions set forth by the Borough Council in their written decision.
(b) 
No building or construction may be initiated on the proposed PRD site, and no permits may be issued, until the final PRD plan has been submitted, approved, and recorded. Approval of a preliminary PRD plan shall not constitute approval of the final PRD plan; rather, it shall be deemed an expression of approval to the layout submitted on the preliminary PRD plan and as a guide to the preparation of the final PRD plan, which will be submitted for approval by the Borough Council and subsequent recording, upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any.

§ 290-102 Application requirements.

A. 
A preliminary PRD plan submission shall be provided in the form of a drawing of the proposed PRD site prepared at a scale of not less than one inch equals 50 feet, or as considered appropriate by the Code Enforcement Officer, and shall show location, proposed uses and dimensions of buildings, structures, and parking areas; open space areas, recreation facilities, and other details to indicate the character of the proposed development. Specifically, the submission shall include:
(1) 
The location of the site in relation to the surrounding neighborhood and identification of adjacent zoning districts.
(2) 
Map data such as North point, scale and date of preparation.
(3) 
The name of the proposed development, with the words "preliminary PRD plan" in the title block. Property lines of the overall tract with all bearings and distances.
(4) 
Calculation of the total area of the site.
(5) 
Proposed circulation system, including general access, roadways, driveways, curb cuts, parking areas, bikeways and walkways.
(6) 
Proposed division of property by general land use category with approximate dimensions of each land use type.
(7) 
Total number of residential units proposed.
(8) 
Calculation of the area of land per dwelling unit.
(9) 
Type and total square footage of all nonresidential land uses.
(10) 
General area, location, setbacks and height of all existing and proposed structures.
(11) 
Location of all watercourses, wetlands and the 100-year floodplain.
(12) 
Facilities plan for water, sanitary sewer, public utilities.
(13) 
Open space and recreation plan showing approximate area, location and configuration.
(14) 
Any additional documentation which the Code Enforcement Officer or Borough Engineer determine to be necessary in order to perform a complete and thorough review of the plan in accordance with this section of this chapter.
(15) 
Scheduling plan indicating the stages in which the project will be built, including the area, density, use, and open space to be developed with each stage. Each stage shall be described and mapped and projected dates provided for beginning and completion of each stage of land development.
(16) 
Agreements and covenants which govern the use, maintenance, and continued protection of the PRD and its common spaces, shared facilities, and private roads.
(17) 
Guarantee of performance for completion of improvements. A bond or other guarantee acceptable to the Borough shall be provided for all proposed public improvements and shall be executed at time of permit application or platting, whichever comes first. Improvements that must be guaranteed include facilities that shall become public, and may include other facilities or improvements as may be specified in the preliminary or final PRD plan approval. If the project is to be built in phases, the guarantee shall be posted prior to the commencement of work on each phase. The guarantee shall specify the time for completion of improvements, and shall be in an amount equal to 110% of a verifiable estimated cost of the improvements, as determined by the project contractor or engineer, and as approved by the Borough Engineer.
B. 
Borough council public hearing. After a complete review by the Code Enforcement Officer and the Borough Engineer, the PRD proposal shall be presented to the Borough Council for a public hearing. The Borough Council may impose additional reasonable conditions with the approval of the PRD. Should the Borough Council approve the preliminary PRD plan, preliminary subdivision approval may be granted concurrently.

§ 290-103 Permitted land uses.

Uses permitted in a PRD may be any use that is found in this chapter in any residential district, subject to the approval of the Borough Council.

§ 290-104 Design standards.

A. 
Purpose. The range of housing types permitted in this neighborhood helps to create a diverse population that can accommodate all ages and a variety of income levels. The goal is to achieve richness in both the physical and social fabric of the neighborhood.
B. 
The minimum site for a PRD shall be three acres.
C. 
Exemptions permitted in the design of the PRD shall be approved by Borough Council.
D. 
Building types permitted.
(1) 
Type I: single-family detached dwelling unit.
(a) 
Lot dimensions.
[1] 
Size (10% of lots may be exempted).
[a] 
Minimum: 6,000 square feet.
[b] 
Maximum: 10,000 square feet.
[2] 
Width at front setback (10% of lots may be exempted).
[a] 
Maximum: 50 feet.
[3] 
Lot depth (10% of lots may be exempted).
[a] 
Minimum: 100 feet.
(b) 
Building height and setbacks.
[1] 
Height.
[a] 
Maximum primary building: three stories or 35 feet.
[b] 
Maximum accessory buildings: 18 feet.
[2] 
Front setback.
[a] 
Minimum: zero feet on interior lots; otherwise, 10 feet.
[b] 
Maximum: 15 feet.
[3] 
Side setbacks.
[a] 
Primary building: 10 feet aggregate; three feet minimum; 10 feet minimum for corner lot.
[b] 
Accessory building: three feet.
[4] 
Rear setbacks.
[a] 
Primary building: 10 feet minimum.
[b] 
Accessory building: five feet.
(c) 
Maximum lot coverage.
[1] 
Primary building: 50% of lot area.
[2] 
Accessory building: 600 square feet footprint maximum.
[3] 
Total impervious area: 50% of lot area.
(d) 
Parking.
[1] 
Two spaces per house minimum.
[2] 
Garage front setback to be recessed from front of primary building:
[a] 
Single-car: five feet minimum.
[b] 
Double-car: 10 feet minimum.
[3] 
Front driveway is to be a maximum of 12 feet wide at the right-of-way.
(e) 
Building front.
[1] 
Pedestrian entrance to be oriented toward street frontage (10% of lots may be exempted).
[2] 
The width of the building is to be a minimum of 40% of the lot width (10% of lots may be exempted).
[3] 
The glass area of doors and windows shall cover a minimum of 20% of the primary building's entire front facade.
(2) 
Type II: single-family attached dwelling unit or two-family dwelling unit.
(a) 
Lot dimensions.
[1] 
Size (10% of lots may be exempted).
[a] 
Minimum: 4,000 square feet per unit.
[b] 
Maximum: 5,000 square feet per unit.
[2] 
Width at front setback (10% of lots may be exempted).
[a] 
Maximum: 50 feet maximum per unit.
[3] 
Lot depth (10% of lots exempt).
[a] 
Minimum: 100 feet.
(b) 
Building height and setbacks.
[1] 
Height.
[a] 
Maximum primary building: three stories or 35 feet.
[b] 
Maximum accessory buildings: 18 feet.
[2] 
Front setback.
[a] 
Minimum: zero feet.
[b] 
Maximum: 15 feet.
[3] 
Side setbacks.
[a] 
Primary building: zero feet between units; 12 feet aggregate; three feet minimum; 10 feet minimum for corner lot.
[b] 
Accessory building: three feet.
[4] 
Rear setbacks.
[a] 
Primary building: 10 feet minimum.
[b] 
Accessory building: five feet.
(c) 
Maximum lot coverage.
[1] 
Primary building: 60% of lot area maximum.
[2] 
Accessory building: 600 square feet footprint maximum.
[3] 
Total impervious area: 60% of lot area maximum.
(d) 
Parking.
[1] 
Two spaces per house minimum.
[2] 
Garage front setback to be recessed from front of primary building:
[a] 
Single-car: five feet minimum.
[b] 
Double-car: 10 feet minimum.
[3] 
Front driveway is to be a maximum of 12 feet wide at the right-of-way.
(e) 
Building front.
[1] 
Pedestrian entrance to be oriented toward street frontage (15% of lots may be exempted).
[2] 
The width of the building is to be a minimum of 50% of the lot width (15% of lots may be exempted).
[3] 
The glass area of doors and windows shall cover a minimum of 20% of the primary building's entire front facade.
(3) 
Type III: townhouse dwelling units.
(a) 
Lot dimensions.
[1] 
Minimum: 2,800 square feet per unit.
[2] 
Minimum width at front setback: 20 feet minimum per unit.
[3] 
Minimum lot depth: 120 feet.
(b) 
Building height and setbacks.
[1] 
Height.
[a] 
Maximum primary building: three stories or 35 feet.
[b] 
Maximum accessory buildings: 18 feet.
[2] 
Front setback.
[a] 
Minimum: zero feet.
[b] 
Maximum: 10 feet.
[3] 
Side setbacks.
[a] 
Middle units: zero feet.
[b] 
End units: five feet minimum.
[c] 
Accessory building: three feet.
[4] 
Rear setback.
[a] 
Primary building: 10 feet minimum.
[b] 
Accessory building: five feet.
(c) 
Lot coverage.
[1] 
Primary building: 50% of lot area maximum.
[2] 
Accessory building: 600 square feet footprint maximum.
[3] 
Total impervious area: 70% of lot area maximum.
(d) 
Parking.
[1] 
Two spaces per house minimum.
[2] 
Front driveway is to be a maximum of 12 feet wide at the right-of-way.
(e) 
Building front.
[1] 
Pedestrian entrance to be oriented toward street frontage or public use space.
[2] 
The width of the building is to be a minimum of 70% of the lot width (aggregate of all housing units in one building).
[3] 
The glass area of doors and windows shall cover a minimum of 20% of the primary building's entire front facade.
E. 
Landscaping and property demarcation.
(1) 
Property demarcation. The quality of a property's demarcation, which indicates the edge of the front yard, plays an important role in establishing a neighborhood's character.
(a) 
Fencing or shrubs located in front yard shall not exceed four feet in height.
(b) 
Fencing materials not permitted in front yard include Cyclone, chain-link, wire, and smooth-finish concrete masonry units.
(2) 
Parking lot landscaping. Parking lots larger than 18 spaces and/or 5,500 square feet shall provide at least one shade tree for every nine parking spaces. Trees shall be located in internal planting islands or along the perimeter of the parking lot.
F. 
The regulations set forth in Article XVII, Signs shall apply.
G. 
Open space requirements.
(1) 
Common and open space in a PRD shall be equivalent to or greater than 10% of the total tract area. All common open space shall be set aside and improvements made no later than the date on which the first 20% of either 1) the total number of dwelling units are constructed or 2) the total gross floor area of a nonresidential building is constructed, whichever is applicable.
(2) 
Acreage within the 100-year floodplain, as defined by the Flood Insurance Rate Map (FIRM), may be included as part of the common open space but shall not amount to more than 25% of the total common open space requirement.
(3) 
Conveyance of open space. Permanent open space shall be conveyed in or owned by one of the following forms:
(a) 
To a municipal or public corporation; or
(b) 
To a nonprofit corporation or entity established for the purpose of benefiting the owners and tenants of the PRD or, where appropriate and where approved by the Borough Council, adjoining property owners, or both. All conveyances hereunder shall be structures to insure that the grantee has the obligation and the right to affect maintenance and improvement of the common open space; and that such duty of maintenance and improvement is enforced by the owners and tenants of the PRD and, where applicable, by adjoining property owners; or
(c) 
To owners other than those specified in Subsections G(3)(a) and (b) above, and subject to restrictive covenants describing and guaranteeing the open space and its maintenance and improvement, running with the land for the benefit of residents of the PRD or adjoining property owners, or both; or
(d) 
Included in single-family residential lots under the individual control of lot owners.
(4) 
Improvements within common open space. Improvements shall be made within any common open space, provided that such improvement shall comply with the following:
(a) 
Any structures located within any common open space shall be accessory to recreational use of the space and shall cover no more than 5% of all common open space.
(b) 
Common open space and recreational facilities shall not be operated as a profit-making venture.
(c) 
To the extent possible, the required common open space shall be situated generally in or through the center of the PRD site or along the streets bounding the project area and shall be designed and improved so that it is accessible to and usable by all persons living in the PRD.
(d) 
No more than 50% of all common open space shall be covered by water.
(e) 
Level or below ground improvements, such as swimming pools, tennis courts, walking trails, etc., shall not occupy more than 20% of the common open space.
H. 
The requirements of Article XIX, Grading and Drainage, shall apply.

§ 290-105 Criteria for review.

In consideration of a preliminary PRD plan, the Borough Council shall consider the following criteria during the review and decisionmaking process:
A. 
General conformance with this chapter. The extent to which the PRD meets the requirements of this chapter and the community development objectives.
B. 
The proposal will not be injurious to the public health, safety, and general welfare.
C. 
The physical design of the PRD and the extent to which it makes adequate provision for public services, provides adequate control over vehicular traffic and promotes alternative forms of transportation, provides for and protects designated permanent open space, and furthers the amenities of urban ambience, light and air, recreation and visual enjoyment.
D. 
The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood, and whether the proposed plan would substantially interfere with the use or diminish the value of adjacent properties and neighborhoods.
E. 
The desirability of the proposed plan to the Borough's physical development, tax base and economic well-being. At the discretion of Borough Council, special consideration in the form of increased development flexibility may be given to projects that are intended to rehabilitate or replace dilapidated areas, brownfields, or other areas of general visual or economic blight.
F. 
The proposal will not cause undue traffic congestion, and can be adequately served by existing or programmed public facilities and services.
G. 
The proposal preserves significant ecological, natural, historical, and architectural resources to the extent possible.
H. 
The proposal will enhance the appearance, image, function, and economic sustainability of the community at large.
I. 
The proposal makes reasonable accommodations in housing, recreational amenities, and pedestrian facilities for individuals with disabilities.

§ 290-106 Changes in the approved planned residential development.

A. 
Changes in the preliminary PRD plan which alter the concept or intent of the PRD and would require new approval by the Borough Council include but are not limited to:
(1) 
Increases of 3% or more in density;
(2) 
Changes in the proportion or allocation of land uses equal to 3% or more of the original calculations;
(3) 
Change in the list of approved uses;
(4) 
Changes in the locations of uses;
(5) 
Changes in functional uses of open space, where such change constitutes an intensification of use of the open space; and/or
(6) 
Changes in the final governing agreements where such changes conflict with the approved preliminary PRD plan.
B. 
Changes in the final PRD plan which alter the concept or intent of the PRD and would require new approval by the Borough Council.

§ 290-107 Revocation and extension.

A PRD conditional use shall become null and void and the subject property shall thereupon be rezoned to its most appropriate district classification, as deemed suitable by Borough Council in any case where the PRD has:
A. 
Received preliminary PRD plan approval and where the final plat of said PRD, or the first phase of the preliminary plat if construction is to take place in phases, has not been submitted for approval within two years after the date of approval of the preliminary PRD plan.
B. 
Received preliminary PRD plan approval and where the final PRD plan, or the first phase of the final PRD plan if construction is to take place in phases, has not been submitted for approval within one year after the date of approval of the preliminary PRD plan.
C. 
Received final PRD plan approval and where the construction of the PRD, as authorized by the issuance of a zoning permit, has not begun within 365 days after the date of approval of the final PRD plan dealing with such construction.
D. 
Further, if construction of a PRD falls more than two years behind the building schedule filed with the final PRD plan, the Borough Council shall either extend the project schedule or initiate action to revoke the PRD conditional use. In doing so, one-year extensions in the building schedule filed with the final PRD plan may be granted by Borough Council.

§ 290-108 Purpose.

The purpose of the Steep Slope Overlay District is to limit and regulate development on slopes in excess of 25%. Development on such slopes causes soil erosion and stream sedimentation; unnecessary loss of vegetative ground cover and destruction of trees, on-site waste disposal problems; difficult street construction; and expensive street maintenance.

§ 290-109 Overlay district boundaries.

The boundaries of the Steep Slope Overlay District include all areas of West Leechburg Borough with slopes in excess of 25% with an elevation change of more than 20 feet. The slope of the natural terrain shall be determinative of whether or not land is within the overlay district.

§ 290-110 Development requirements.

In areas where steep slopes in excess of 25% exist and permitted land uses are proposed in accordance with this article, the landowner shall provide certification by a professional engineer licensed in the Commonwealth of Pennsylvania that the proposed development shall not negatively impact or cause harm to adjacent properties.

§ 290-111 Permitted land uses.

The following uses are permitted on parcels that are determined to have slopes in excess of 25%:
A. 
Single-family dwelling units and their customary accessory structures.
B. 
Agricultural uses as permitted in the base district.
C. 
Forestry and tree farming using best management practices in order to protect streams from damage and to prevent sedimentation.
D. 
Wildlife refuges, conservation areas and nature trails.
E. 
Open space and outdoor recreation.