West View City Zoning Code
ARTICLE III
Residential Districts
§ 290-10 Statement of intent.
In addition to the goals listed in the preamble[1] and general intent, the districts established in these regulations are intended to achieve the following within the Borough of West View:
A.
To provide sufficient space, appropriately located, for residential development to meet the housing needs of the present and expected future population of the Borough within the range of house types and densities anticipated.
B.
To assure light, air and privacy, as far as possible, by controlling the spacing and height of buildings and other structures.
C.
To protect residential areas against the hazards of fire, offensive noise, vibration, smoke, odors, glare or other objectionable influences.
D.
To prevent congestion, as far as possible, by regulating the density of population and the bulk of buildings and by providing for sufficient off-street parking.
E.
To protect residential neighborhoods, as much as possible, from heavy or through traffic.
F.
To make possible provisions of those public and private educational, recreational, health and similar facilities serving the needs of nearby residents which perform most effectively in a residential environment and do not create objectionable influences.
G.
To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stable residential development, to protect the character of any district and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the Borough tax revenues.[2]
[2]
Editor's Note: Original Sec. 201, Residential Districts, which immediately followed this section, was deleted 2-2-1977 by Ord. No. 1191.
[1]
Editor's Note: The preamble to this ordinance read as follows:
"Pursuant to Act No. 247 of July 31, 1968, of the General Assembly, Commonwealth of Pennsylvania, for the purpose of promoting public health, safety, morals and general welfare of the Borough; to regulate and restrict the erection, construction, reconstruction, alteration, repair, height, number of stories and size of buildings and other structures, percentage of area of lot that may be occupied, size of yards, courts and other open spaces, density of population and location and use of buildings, structures and land for trade, industry, residence or other purpose; to establish and maintain lines and to set back building lines upon all public streets, roads, highways, lanes and alleys; to divide the Borough into districts for the purpose of carrying out these regulations; to provide for the amendment of these regulations and the revision of the district boundaries; to provide for a Zoning Hearing Board and prescribe the powers and duties thereof; and to provide for enforcement of the aforesaid regulations and penalties for violation. This ordinance amends Ordinance No. 1066, adopted March 12, 1963, and all subsequent amendments thereto."
§ 290-11 Permitted uses; area and bulk regulations; off-street parking and loading requirements.
A.
Permitted uses. The Table of Use Regulations[1] lists those uses which are permitted in each Residential Zone District, with appropriate symbols denoting those uses which are conditional or which are permitted by special exception.
[Amended 9-8-2010 by Ord. No. 1456]
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
B.
Area and bulk regulations. The following regulations shall be observed for all residential districts: in each residential district on each lot that is used hereafter and on each lot upon which a building or structure hereafter is erected or enlarged and maintained there shall be required a minimum lot width, lot area per dwelling unit or structure, yards, building heights and maximum lot coverage as shown in the Table of Area, Bulk and Height Regulations[2] for All Residential Districts.
[Amended 9-8-2010 by Ord. No. 1456]
[2]
Editor's Note: The Table of Area, Bulk and Height Regulations for All Residential Districts is included as an attachment to this chapter.
C.
Off-street parking and loading requirements. Off-street parking and loading requirements for each use permitted in the residential districts are listed in Article VIII.
D.
Any occupancy of a residential dwelling, dwelling unit, room or group of rooms within an R-1 Zone by a nonowner of the property must be for a minimum of 90 consecutive days. Any occupancy for compensation that is expected to be less than 90 consecutive days is specifically prohibited in R-1.
[Added 8-11-2016 by Ord. No. 1490]
§ 290-12 R-P District regulations.
A.
Intent. The Borough of West View acknowledges the purpose and general intent established in Act No. 247, the Pennsylvania Municipalities Code, Article VII,[1] which makes provisions for innovative types of modern housing development and provides for maximum retention of open space.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
B.
General regulations. In recognition of Article VII of Act No. 247, the Borough of West View hereby incorporates the following provisions in this chapter for the express purpose of permitting the concept of planned unit residential development:
(1)
Any owner of a contiguous parcel of land located within the Borough, which land comprises 10 or more acres in area, may petition the Borough Council, requesting that all planned unit residential controls and regulations apply to said property. The Borough Council may then refer the petition to the Planning Commission for review and recommendations. After receipt of the Planning Commission review, the Borough Council may approve or deny the petition, within the time limitations established by law.
(2)
Initial petition.
(a)
The initial petition to Borough Council must contain the following information or supporting data:
[1]
A complete site plan for the entire area, which includes topography at two-foot contour intervals.
[2]
Existing and proposed structures, including types of structures.
[3]
Proposed dwelling unit densities.
[4]
Existing and proposed streets, utilities and open space.
[5]
Any special provisions for the conveyance of open space land and methods of controlling such spaces.
[6]
All traffic, parking and landscaping plans to adequately support the proposal.
[7]
Written schedules stating the developer's intentions, the proposed construction schedule, any proposed covenants and the financial statements required to support the development.
(b)
The Borough Council or Planning Commission may request such additional information as may be required to properly review the proposal.
(3)
Public hearings, as required by law, must be held before approval by the Borough Council. Appropriate County Planning Department approval must also be received in accordance with law. If the petition is denied by the Borough Council, such action may not be appealed to the Zoning Hearing Board. If the petition is approved in accordance with law, the designated area shall be changed on the Borough Zoning Map to reflect the R-P Planned Unit Residence District and shall be subject to uses permitted in § 290-11A and the controls in § 290-11B of this chapter.
(4)
Not less than 25% of any planned residential area shall be devoted to common open space. Dwelling unit densities for the entire area (gross site area) shall not exceed eight to 10 (maximum) dwellings per acre. All fees for legal advertisements and site inspections shall be as established by the Borough Council.