Zelienople Butler County
City Zoning Code
City Zoning Code
ARTICLE VI
Permitted Uses
§ 280-601 R-1 Single-Family Residential District.
A.
Statement of purpose. The R-1 Single-Family Residential District is designed to provide sites for low-density single-family housing, together with such accessory activities as may be appropriate. This district is intended to ensure adequate light, air, privacy and open space for each dwelling, and to maintain desirable environmental and neighborhood qualities commensurate with low-density single-family occupancy.
C.
E.
Lot, area and dimensional requirements.
(1)
The following requirements shall apply in the R-1 District:
(a)
Minimum lot area shall be 12,000 square feet.
(b)
Minimum lot width shall be 80 feet at the building line.
(c)
Minimum front yard depth shall be 30 feet from the front lot line.
(d)
Minimum side yard width on each side of the lot shall be 15 feet.
(e)
The minimum side yard on the street side of a corner lot shall be 25 feet.
(f)
Minimum rear yard depth shall be 30 feet from the rear lot line.
(g)
Maximum lot coverage shall be 25%.
(h)
Maximum impervious surface coverage shall be 40%.
(i)
No structure shall exceed 35 feet in height or 2 1/2 stories, whichever is less.
(j)
One principal structure is authorized per lot.
(k)
Minimum lot frontage shall be 50 feet.
§ 280-602 R-2 General Residential District.
A.
Statement of purpose. The R-2 General Residential District is intended to provide for both the continuation and expansion of historic residential institutional uses as well as a spectrum of dwelling unit types and complementary forms of dwelling unit types and institutional residential units and facilities as set forth in this section to serve both regional and local current and future residential needs.
C.
Conditional uses, subject to Article X. The following conditional uses may be permitted, subject to the issuing of a conditional use permit after review by the Borough Planning Commission and approval of the Borough Council following public hearing, in accordance with the standards and criteria listed herein.
(1)
Adult day services center.
(2)
Assembly hall, public or semipublic.
(3)
Church.
(4)
Day-care center.
(5)
Day-care/family home.
(6)
Essential service buildings.
(7)
Group residential facility.
(8)
Hospital facility.
(9)
Local public use.
(10)
Mobile home or house trailers, parks.
(11)
Neighborhood park or community center.
(12)
Outpatient treatment clinic.
(15)
School, commercial.
(16)
School, private.
(17)
Traditional neighborhood development, Type I.
(18)
Transitional residential facility.
(19)
Group care facility.
(20)
Dormitory.
E.
Lot, area and dimensional requirements.
(1)
The following requirements shall apply to single-family dwellings in the R-2 District and shall apply to conditional uses authorized within the R-2 District, provided that the specific dimensional standards set forth in the respective section of Article X, Conditional Uses, shall prevail.
(a)
Minimum lot area shall be 12,000 square feet.
(b)
Minimum lot width shall be 60 feet at the building line.
(c)
Minimum front yard depth shall be 25 feet from the front lot line.
(d)
Minimum side yard width on each side of the lot shall be 15 feet.
(e)
The minimum side yard on the street side of a corner lot shall be 25 feet.
(f)
Minimum rear yard depth shall be 20 feet from the rear lot line.
(g)
Maximum lot coverage shall be 35%.
(h)
Maximum impervious surface coverage shall be 50%.
(i)
No structure shall exceed 35 feet in height or 2 1/2 stories, whichever is less.
(j)
One principal structure shall be authorized on lots bearing single-family dwellings.
(k)
Minimum lot frontage shall be 40 feet.
(2)
The following requirements shall apply to multifamily units permitted in the R-2 District as specified in § 280-602B of this chapter:
Table 602-1 | ||
|---|---|---|
Multifamily Units: R-2 District | ||
Requirements | Duplex Townhouse Row House Garden Apartment | Multifamily Dwelling |
Minimum lot area | 6,000 square feet per dwelling or 8 units per acre | 6,000 square feet per dwelling or 8 units per acre |
Minimum side yard | 15 feet on each side of the structure; corner lots, 25 feet along the street | Front, rear and side yards shall not be less than the height of the tallest portion of the structure or 40 feet, whichever is greater |
Minimum front yard | 25 feet, 50 feet on Beaver Street | 50 feet on Beaver Street |
Minimum rear yard | 20 feet | |
Minimum lot width | 30 feet per unit at the building line | 120 feet at the building line |
Minimum lot frontage | 20 feet per unit | 75 feet |
Maximum height | 35 feet or 2 1/2 stories, whichever is less | 3 stories or 40 feet, whichever is less |
Maximum lot coverage | 45% | 45% |
Maximum impervious surface | 60% | 60% |
F.
R-2 District performance standards.
(1)
Multifamily or multiple-family dwellings, apartment buildings shall be limited to 10 units per building. Such buildings shall be separated by at least 40 feet from adjacent multifamily or multiple-family dwellings or townhouse or row house arrangements.
(2)
Townhouse or row house arrangements shall contain no more than four units attached to one another. Such unit groupings shall be separated by at least 30 feet.
§ 280-603 R-3 Urban Residential District.
A.
Statement of purpose. The R-3 Urban Residential District is designed to provide for the maintenance of the established mature residential neighborhoods within the Borough. This district is intended to ensure adequate light, air, privacy and open space for residential uses, and to maintain desirable residential qualities in association with accessory and related land uses.
C.
Conditional uses subject to Article X. The following conditional uses may be permitted, subject to the issuing of a conditional use permit after review by the Borough Planning Commission and approval of the Borough Council following public hearing, in accordance with the standards and criteria listed herein.
E.
Lot, area and dimensional requirements.
(1)
The following requirements shall apply to lots and uses in the R-3 District, except where stricter or lesser standards are provided through conditional use authorization:
(a)
Minimum lot area shall be 6,000 square feet.
(b)
Minimum lot width shall be 60 feet at the building line.
(c)
Minimum front yard depth shall be 25 feet from the front lot line.
(d)
Minimum side yard width on each side of the lot shall be five feet with both side yards totaling a minimum of 15 feet.
(e)
The minimum side yard on the street side of a corner lot shall be 15 feet.
(f)
Minimum rear yard depth shall be 20 feet from the rear lot line. Maximum lot coverage shall be 40%.
(g)
No structure shall exceed 35 feet in height or 2 1/2 stories, whichever is less.
(h)
Minimum lot frontage shall be 50 feet.
(i)
Each lot is authorized one principal structure and one principal use unless otherwise authorized by this chapter.
(j)
Maximum impervious surface coverage shall be 65%.
(k)
All new principal structures shall locate at a build-to line from Grandview Avenue determined by any one of the following:
§ 280-604 R-4/C-2 Mixed Use District.
A.
Statement of purpose. The R-4/C-2 Mixed Use District is designed to provide for the protection of existing residential neighborhoods, concurrent with the establishment of nonresidential land use activities of a compatible and harmonious character, in sectors and corridors of the Borough where primarily single-family residences accompanied by small-scale office and service establishments provide the highest and best uses on said corridors. This district is intended to ensure adequate light, air, open space and other amenities in support of the general health, welfare and safety of all inhabitants.
C.
Conditional uses subject to Article X. The following conditional uses may be permitted, subject to the issuing of a conditional use permit after review by the Borough Planning Commission and approval of the Borough Council following public hearing, in accordance with the standards and criteria listed herein.
(1)
All conditional uses as authorized in the R-3 District, and subject to the same requirements.
(2)
Administrative and professional offices.
(3)
Bakeries on lots fronting directly on Main Street.
(4)
Personal service establishments.
(5)
General retail on lots fronting directly on Main Street.
(6)
Neighborhood park or community center.
E.
All lot, area and dimensional requirements applicable to uses in the R-3 Urban Residential District as cited in § 280-603E of this chapter shall apply to uses in the R-4/C-2 Mixed Use District.
F.
No drive-through facilities are permitted in the R-4/C-2 District.
§ 280-605 C-1 Central Business District, Traditional Neighborhood Development.
A.
Statement of purpose. The C-1 Central Business District is reserved exclusively for traditional neighborhood development as per Part VII-A, Section 702A(1) (i) of the Municipalities Planning Code.[1] The C-1 Central Business District is designed to provide sites for retail shopping and services, professional and business oriented activities and similar functions that are compatible with the basic commercial nature of this area of the community integrated with appropriate residential dwellings and facilities which are linked by a pedestrian environment. This district is intended to provide commercial and related functions for the use and convenience of the residents of the greater Zelienople vicinity and to encourage the viability of the Borough's central business district through a mixture of uses including residential dwelling units. This district also aims to preserve the historic integrity of the central business district through the encouragement of structures and parking at a scale commensurate with the districts existing character. This district is intended to ensure adequate light, air, open space and related amenities appropriate to the maintenance of safety, and to generate qualities which will encourage and sustain commercial pursuits within the scale and function of a traditional neighborhood.
[1]
Editor's Note: See § 10702-a(1)(i).
B.
Permitted uses by right.
(1)
Administrative and professional offices.
(2)
Adult day services center.
(3)
Assembly hall, public or semipublic.
(4)
Bakery.
(5)
Bank.
(6)
Bed-and-breakfast.
(7)
Church.
(8)
Day-care center.
(9)
Dwelling, multi or multiple family, on stories above the first story of any building.
(10)
Entertainment and indoor recreation facilities.
(11)
Essential service.
(12)
Funeral home.
(13)
General retail.
(14)
Local public use.
(15)
Minor equipment and automotive repairs.
(16)
Motel-hotel.
(17)
Personal service establishment.
(18)
Restaurant.
(19)
School, commercial.
(20)
School, private.
C.
Conditional uses, subject to Article X. The following conditional uses may be permitted subject to the issuing of a conditional use permit after review by the Borough Planning Commission and approval of the Borough Council following public hearing, in accordance with the standards and criteria listed herein.
D.
Lot, area and dimensional requirements. The following requirements shall apply in the C-1 District:
(1)
The minimum front yard shall be zero feet.
(2)
The minimum side yard required shall be 15 feet or zero feet where unpierced party walls are provided and constitute the lot line.
(3)
Minimum rear yard depth shall be 20 feet from the rear lot line.
(4)
No structure shall exceed 50 feet in height or four stories, whichever is less.
(5)
Minimum frontage shall be 20 feet.
(7)
Build-to-line on Main Street shall equal the average building line of all principal buildings on a block located on the same side of Main Street, providing that the building may locate closer to the street than the required building line or within three feet behind said line.
E.
Performance standards.
(1)
All buildings shall provide one or more of the following on all building facades or groups of buildings with party walls that face a front lot line for every 50 lineal feet of building frontage.
(a)
Change in building facade material accompanied by a variation in the roof parapet or roof style, which may simply include a variation in height or change in the style of cornice used.
(b)
Offset in the building of at least one foot.
(c)
The above variations shall occur not more than once every 20 lineal feet.
(2)
Flat roofs, those without any pitched form, shall include a parapet on the front concealing the roof.
(3)
At least three of the following shall be incorporated into any building proposed:
(4)
At least 15% of the entire face of any building that parallels a front lot line shall be comprised of windows or tinted glass the sum of which shall be distributed as follows for multi-story buildings:
F.
All buildings shall include an entrance on the side of the building paralleling the front lot line which shall be integrated with municipal sidewalks through a sidewalk of at least four feet in width extended to the entrance. One such entrance shall occur for every 50 lineal feet of said side of building. Where no municipal sidewalk fronts the building, Council may require the applicant to construct a sidewalk to Borough specifications within said right-of-way.
G.
Buildings may set back up to 12 feet from a build-to line where a porch roof, marquee, awning, or other approved covering covers a space used for food consumption or congregation by patrons of an establishment and where no more than 25% of said area shall be used for the display of goods sold on the premises in normal business hours.
I.
Drive-through facilities shall be limited to one per block. Menu boards shall be affixed to the wall of any building providing the drive-through use.
J.
Parking lots and access drives shall be limited to two per block separated by distances as may be required by the Subdivision and Land Development Ordinance.[2] The access to such lots shall be one-way with egress on an alley where site conditions allow. One-way entrances shall be limited to 14 feet in street opening width, and two-way shall be limited to 28 feet. The lot shall be surrounded by a four-foot-high fence or solid hedgerow of four feet in height at maturity, notwithstanding clear site triangle requirements, where the maximum may be three feet. The fence shall be a picket-style or opaque fence constructed of wood, vinyl, or materials authorized as exterior building facades.
K.
Minor facade alterations. A zoning certificate issued via determination of the Zoning Officer shall be required for all minor facade alterations. The following activities are exempt from the preceding requirements:
L.
Minor facade alteration(s) meet the following required criteria:
(1)
Proposed features are reasonably consistent with the features each is proposed to replace with respect to location, functionality, material, and appearance.
(2)
Where a zoning certificate is required, the proposed replacement is necessary due to deterioration of features. The Zoning Officer may require the applicant to submit a sealed opinion from a licensed professional where the Zoning Officer deems such is necessary to demonstrate deterioration.
M.
Major facade alterations are authorized by conditional use subject to the general conditions of § 280-1001 and the specific conditions of § 280-605O. Alterations to structures less than 50 years old provided that alterations to structures built after the effective date of Ordinance 779, the Zelienople Zoning Ordinance, shall be completed in such a manner that the performance standards of § 280-605O are met.
N.
O.
Major facade alteration and demolition conditional use standards. The following criteria shall be met where any major facade alteration or demolition of a principal structure are authorized as a conditional use:
(1)
No building that is historically significant shall be demolished unless approved as a conditional use by the Borough Council.
(2)
Major facade alterations shall be constructed in a manner that is consistent with the following:
(a)
The proportion of the building's front facades shall be retained by preserving the relationship between the width of the front of the building and the height of the front of the building.
(b)
The proportion of openings within the building shall be retained by preserving the relationship of width to height of windows and doors.
(c)
The scale and rhythm of entrance, porch projections, and display windows shall be preserved to maintain a pedestrian scale.
(d)
The predominant building materials of the district, such as brick, stone, stucco, wood siding, or other material shall be used when replacing like materials or expanding the facade.
[1]
The relationship of architectural details shall be retained by preserving character-defining features of buildings such as but not limited to cornices, lintels, arches, quoins, banisters and ironwork, chimneys, etc., or by replacing the preceding with features that are similar with respect to detail and function.
[2]
Relationship of roof shapes shall be retained by preserving compatible roof shapes, such as gable, mansard, hip, flat, gambrel, and/or other kinds of roof shapes.
[3]
The scale of the built environment created by the size of units of construction and architectural detail shall relate to the size of persons and shall preserve building's scale in relation to surrounding buildings.
P.
Parking. Parking shall adhere to the standards of Article VIII, Parking and Loading Requirements of this chapter unless modified by the following standards in consideration of the functionality of a traditional neighborhood development.
(1)
The following numbers or proportions used to calculate minimum parking requirements, as set forth in Article VIII, Parking and Loading Requirements, shall constitute a modification of and prevail over the requirements of said article as applied on an establishment basis subject to the following:
(a)
Administrative and professional offices: One per 300 square feet of floor area above 1,500 square feet.
(b)
Adult day services center: One per two patients above two patients.
(c)
Bakery: One per 250 feet of floor area over 1,500 square feet.
(d)
Bank: One per 250 feet of floor area over 1,500 square feet.
(e)
Church: One per six seats or per every six people able to occupy areas used for public assembly where seating is not permanently installed in assembly areas.
(f)
Day-care center: One per employee, with a minimum of four spaces, plus one off-street passenger loading space per eight children enrolled.
(g)
Entertainment and indoor recreation facilities: One space per every four participants possible by activity (court, lane, etc.) and one per every six seats in areas of assembly such as theaters.
(h)
General retail: One space per every 250 square feet of floor area beyond the first 1,500 square feet.
(i)
Minor equipment and automotive repairs: One space per every 250 square feet of floor area beyond the first 1,500 square feet.
(j)
Motel-hotel: One per rental room, plus two spaces per 1,500 square feet net floor area for places of assembly.
(k)
Personal service establishment: One space per every 250 square feet of floor area beyond the first 1,500 square feet.
(l)
Restaurant: One per 150 feet of floor area devoted to customer service such as pick-up of food, dining and waiting areas, or one per four seats, whichever is greater.
(2)
Parking. As an incentive to maintain and, where necessary, provide for additional public parking to retain and enhance the functionality of the C-1 District, an establishment cited within the preceding § 280-605P(1) which occupies 8,000 square feet or less of gross floor area shall be permitted to furnish an annual fee on a per-space basis in lieu of parking space(s) up to the number of minimum required parking spaces set forth in § 280-605P(1). The calculation, effect, and administration of said fee are as follows:
(a)
The initial fee in lieu of parking per space shall be $1,000 for 2014. The fee may be increased annually by resolution of Council by a percentage which does not exceed the Engineering New Record (ENR) Construction Cost Index, 20-City Average, for December each year. The increase shall be adopted by April 1 of the calendar year.
(b)
The fee shall be due by October 1 of each year. Unless required minimum parking is furnished in a manner and rate as required by this chapter, the failure to pay the fee in lieu of parking shall render the operation of the related establishment in violation of this chapter and the Zoning Officer shall institute appropriate enforcement proceedings as per § 280-1901, Remedies, and § 280-2001, violations and penalties.
(3)
Parking required for dwelling units housed within the upper floors of buildings with first floor uses configured for nonresidential use shall be provided in one or more of the following manners such that one space is provided per unit:
(b)
Garage bay capable of housing a vehicle located within 600 feet, as measured from the closest entrance of the building housing the dwelling unit along public rights of way or pedestrian easements to the garage.
(c)
Parking space within a lot located within 600 feet, as measured from the closest entrance of the building housing the dwelling unit along public rights-of-way to the entrance of the lot.
(d)
In the event that minimum required parking is proposed to be provided at a different location or form, the owner of the premises shall make application for a zoning certificate and the Zoning Officer shall make a determination regarding the compliance of the parking with this Chapter.
Q.
Signage. Signs in the C-1-TND District are authorized as follows and shall comply with the following standards.
(2)
Permitted signs shall be limited to signs normally used in conjunction with a business and erected at the site of such business unless specified by this chapter.
(3)
Marquee signs are authorized as follows: Marquee signs may project at multiple angles from the principal structure as customarily arranged in association with theaters and hotels, wherein each building housing such an establishment shall be allotted two square feet per lineal foot of building frontage on the side of the main entrance of the building as total signage permitted, inclusive of the aforementioned marquee sign, up to 120 square feet.
(4)
No more than one monument or enhanced freestanding sign is authorized per lot. The sign area of such signs shall be limited to one square foot per lineal foot of frontage on the street on which the sign is placed or the maximum sign area cited in Subsections E and F of this section, whichever is less.
(5)
Monument signs shall be authorized on each lot as follows:
(a)
The sign be located so as to not obstruct vehicular/motorist nor pedestrian sight lines.
(b)
Signs may be located either perpendicular or parallel to the roadway.
(c)
The sign shall meet all setbacks as applied to principal structures.
(d)
Height: Maximum six feet six inches above adjacent finish grade elevations to tallest part of sign.
(e)
Size: Each sign panel shall not exceed 35 square feet on each or either side of two-sided sign.
(f)
Masonry base materials: All signs are required to be constructed on a masonry base treated with brick, natural stone, clay brick or natural stone.
(g)
Width of masonry base: Minimum 12 inches, maximum 24 inches.
(h)
Sign cabinets mounted on masonry base: For sign cabinets mounted on top of a masonry base, the minimum height of the base shall be 18 inches above adjacent finish grade. Sign cabinet shall be securely fastened to the masonry base.
(i)
Sign panels mounted to a masonry base: Sign panels that are attached to a masonry base shall be located a minimum height of 18 inches above finished grade. A minimum of six inches of masonry shall be exposed on the top and sides of the sign panel(s). The maximum overall exposed area of a sign encompassed by a finished masonry base/frame shall not exceed two times the size of the sign panel mounted to it.
(j)
The sign may be externally illuminated.
(k)
Automatic changeable copy signs shall be authorized as an accessory to and part of the sign area of a monument sign and shall not exceed 50% of the authorized sign area. Automatic changeable copy signs shall display only amber-colored lettering or numerals on a black background advertising products sold or services provided on site. Additionally, each message shall take no more than one second to complete its display such that no animation or impression of movement is created. Each message display shall begin to change more than once every five seconds.
(6)
Enhanced freestanding signs.
(a)
The sign be located so as to not obstruct vehicular/motorist nor pedestrian sight lines.
(b)
Signs may be located either perpendicular or parallel to the roadway.
(c)
The sign shall meet all setbacks as applied to principal structures.
(d)
Height: Maximum six feet six inches above adjacent finish grade elevations to tallest part of sign.
(e)
Size: Each sign panel shall not exceed 28 square feet on each or either side of two-sided sign.
(f)
The sign may be externally illuminated.
(7)
Wall signs shall be authorized as follows:
(a)
The maximum sign area shall equal 20% of the building facade.
(b)
Additional walls fronting public streets that are secondary to the primary building facade shall be limited to 10% of said wall as a maximum sign area.
(c)
Wall signage lettering, numbers and logos shall not exceed 18 inches in height and be no wider than 50% of the linear footage of building frontage.
(d)
Wall signage shall be placed no higher than the eave line of the building.
(e)
Wall signs may be externally illuminated and shall not be internally illuminated.
(f)
Wall signs attached to rigid canopies and porticos are permitted subject to the standards and limitations of this section provided that each meet the following additional standards:
[1]
One sign is permitted per face of the canopy or portico. The sign area of each shall not exceed 60% of the canopy or portico face to which it is attached.
[2]
Where wall signs are attached to a rigid canopy or portico, the sign shall be comprised of dimensional elements and shall not include painted or stenciled lettering. Where wall signs are attached to a flexible canopy or portico, letters or business logos applied thereto shall be neatly painted, stenciled, silkscreened, or sewn onto the canopy or portico.
[3]
The signs shall not be illuminated.
[4]
The sign, when attached to a rigid canopy or portico, shall not extend more than one foot above the top of the canopy or portico to which it is attached.
[5]
Where hanging signs are utilized on the canopy or portico, no additional wall signs are permitted on the faces of that canopy or portico.
(8)
Hanging signs are authorized as follows:
(a)
Hanging signs shall have a minimum clearance of eight feet from adjacent sidewalk.
(b)
Hanging signage attached to a building facade shall not extend further than 50% of the total sidewalk width, or five feet from the building facade, whichever is less.
(c)
Hanging signage suspended from the bottom of a canopy or portico shall not exceed 50% of the total sidewalk width, or five feet in length, whichever is less. In no case shall a hanging sign be located within four feet of the adjacent roadway curb face.
(d)
Hanging signage may be double-sided. Each side may not exceed three square feet, per face.
(e)
Hanging signage may not extend above the eave line of the building to which each is attached.
(f)
A maximum of one hanging sign is permitted per business.
(g)
A maximum of one hanging sign is permitted per canopy/awning or portico.
(h)
Hanging signage shall not be illuminated.
(10)
Window signs are authorized as follows:
(a)
Except as otherwise provided in this section, window signage shall be neatly applied on the interior of the window or door with easily removable paint, paper, cloth, or other like material.
(b)
Window signs shall not exceed 30% of the aggregate window and glass door surface area of a business.
(c)
Diffused neon signs and internally illuminated signs are authorized as window signs, but shall be limited to six square feet, notwithstanding the area limitations otherwise applied to the aggregate of window signs. Illuminated signs that include automatic changeable copy signs shall be subject to the standards of § 280-701D, Lighting standards.
(11)
Automatic changeable copy signs shall be authorized within and as part of the sign area authorized for monument and enhanced freestanding signs, and shall not comprise more than 50% of the authorized sign area of the associated sign. Automatic changeable copy signs shall display only amber-colored lettering or numerals on a black background advertising products sold or services provided on site. Additionally, each message shall take no more than one second to complete its display such that no animation or impression of movement is created. Each message display shall begin to change more than once every five seconds.
§ 280-606 C-1 Central Business District Overlay.
A.
Statement of purpose. The Central Business District Overlay is intended to ensure the continuation and integrity of adjoining residential neighborhoods, primarily zoned R-3, that lie along Clay Street and High Street, adjoining the Central Business District.
B.
Boundaries of overlay district and effect.
(1)
Firstly, the overlay district shall be comprised of all land, zoned as C-1, that lies west of the district boundary centered on High Street for a distance to a line parallel to the High Street right-of-way and located 100 feet from said right-of-way at all points, as the right-of-way exists at the adoption of this chapter.
(2)
Secondly, the overlay district shall be comprised of all land, zoned as C-1, that lies east of the district line centered on Clay Street which adjoins those properties zoned R-4 and R-3 as of the date of this chapter amendment, for a distance to a line parallel to the Clay Street right-of-way and located 100 feet from said right-of-way at all points, as the right-of-way exists at the adoption of this chapter; and all parcels lying west of Clay Street zoned as C-1 as of the adoption of this chapter amendment.
(3)
Thirdly, the overlay district shall comprise the area of all tax parcels, in their configuration as of the date of adoption of this chapter amendment and zoned as C-1 on the Zoning Map, that bear frontage on Grandview Avenue.
(4)
Effect. The overlay district serves to modify the underlying C-1 District. Therefore, all performance standards and lot and yard requirement shall stand unless expressly modified by this part.
C.
Overlay standards. The following shall serve to modify the underlying C-1 standards and requirements.
(1)
Maximum building height: 40 feet or 2 1/2 stories, whichever is less. Three stories shall be permitted where the structure is set back at least 40 feet from the front lot line.
(2)
Minimum front yard: 25 feet, excepting Main Street and New Castle Street, where the underlying district requirements shall prevail.
(3)
Excepting access points designed according to this chapter, all paved areas shall be set back at least 10 feet from the adjoining right-of-way of Clay Street or High Street or Grandview Avenue.
(4)
All lighting and signage installed within this area shall meet the specifications and limitations of standards instituted for or permitted within the R-4/C-2 Mixed Use District.
(5)
Maximum impervious surface and lot coverage applied to the area of any lot within the overlay shall be 70%.
(6)
Up to six units within duplex or townhouse structures may be constructed per block subject to the standards of § 280-605E(1) except that the amount of variations required shall be for every 30 feet.
(7)
Garages integral or attached to said units shall not face the front lot line. Access drives providing access to garages and parking shall be limited to one for every group of townhouses or set of duplex units unless accessed from an alley.
§ 280-607 C-3 Heavy Commercial District.
A.
Statement of purpose. The C-3 Heavy Commercial District is established to provide locations for light commercial service and heavy commercial activities in the area of the Borough where sites are predominantly highway-oriented. This district is designed to ensure adequate light, air, open space and other amenities appropriate to the maintenance of safety and to generate the highest and most appropriate use of sites.
C.
Conditional uses. The following conditional uses may be permitted, subject to the issuing of a conditional use permit after review by the Borough Planning Commission and approval of the Borough Council following public hearings, in accordance with the standards and criteria listed herein.
D.
Lot, Area and dimensional requirements.
(1)
The following requirements shall apply in the C-3 District:
(a)
Minimum lot size shall be 35,000 square feet.
(b)
Minimum lot width shall be 150 feet at the building line.
(c)
Minimum front yard depth shall be 60 feet from the front lot line.
(d)
Minimum side yard width on each side of the lot shall be 25 feet.
(e)
The minimum side yard on the street side of a corner lot shall be 25 feet.
(f)
Minimum rear yard depth shall be 90 feet from the rear lot line.
(g)
Maximum lot coverage shall be 60%.
(h)
No structure shall exceed 50 feet in height.
(i)
Maximum impervious surface coverage shall be 80%.
(k)
Minimum frontage shall be 150 feet.
§ 280-608 I Large Scale Office and Industrial District.
A.
Statement of purpose. The I-Limited Industrial District is established to provide for large scale office and industrial and related pursuits in areas of the Borough where sites appropriate to such uses are available. This district is intended to maintain and supplement the economic strengths of the Borough while maintaining the quality and value of adjacent nonindustrial activities.
C.
Lot, area and dimensional requirements.
(1)
The following requirements shall apply in the I-District:
(a)
The minimum lot area shall be 20,000 square feet.
(b)
The minimum front yard depth shall be 60 feet from the front lot line.
(c)
The minimum side yard width on each side of the lot shall be 25 feet.
(d)
The minimum side yard on the street side of a corner lot shall be 25 feet.
(e)
Minimum rear yard depth shall be 40 feet from the rear lot line.
(f)
Not more than 85% of the total site shall be covered by structures.
D.
Conditional use. The following conditional use(s) may be permitted, subject to the issuing of a conditional use permit after review by the Borough Planning Commission and approval of the Borough Council following public hearings, in accordance with the standards and criteria listed herein.
(1)
Local public use.
§ 280-609 FP Floodplain District.
A.
General provisions.
(1)
Purpose. The FP Floodplain District is established to protect designated floodplain areas subject to periodic inundation by overflow from streams situated in, or contiguous to, Zelienople Borough. This district is intended to control floodplain uses and activities that, acting alone or in combination with other uses, will cause or contribute to loss and destruction of life and property during periods of flooding.
(2)
Disclaimer of liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain area, or that land uses permitted within such areas, will be free from flooding or flood damages.
(a)
This chapter shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(3) COMPLETELY DRY SPACE DEVELOPMENT ESSENTIALLY DRY SPACE FLOOD FLOODPLAIN FLOODPROOFING IDENTIFIED FLOODPLAIN AREA MINOR REPAIR NEW CONSTRUCTION OBSTRUCTION ONE-HUNDRED-YEAR FLOOD REGULATORY FLOOD ELEVATION SUBSTANTIAL IMPROVEMENT(a) (b) [1] [2]
Definitions. For purposes of administering and meeting the requirements of the Floodplain District, the wards and phrases listed herewith shall be defined as follows. Words not specifically cited below shall be defined as indicated in Article III of this chapter, or if not listed therein, shall be interpreted so as to give this chapter its most reasonable application.
A space that will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets, and other paving utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
A space that will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
A relatively flat or low land area that is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood. Included would be areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain (FA).
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit way requirements; nor shall "minor repairs" include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community.
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or floodprone area, that may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or is placed where the flow of the water might carry the same downstream to the damage of life and property.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has one-percent chance of occurring each year, although the flood may occur in any year).
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
B.
Floodplain District special administration requirements. In addition to the administrative enforcement provisions specified under other sections of this chapter, the following additional provisions shall apply to any and all types of development undertaken within any floodplain district in the Borough of Zelienople.
(1)
Any construction or development or change to existing conditions of any type, whether involving structures or land features, are prohibited unless a zoning permit has been obtained from the Zoning Officer.
(2)
Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for a permit to determine if all other necessary governmental permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[1] the Dam Safety and Encroachments Act (Act 1978-325, as amended);[2] the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended).[3] No permit shall be issued until this determination has been made.
(3)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities that may be affected by such action have been notified by the municipality and until all required permits or approvals have been first obtained by the Department of Environmental Resources, Bureau of Dams and Waterway Management. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified by the municipality prior to any alteration or relocation of any watercourse.
(4)
The application for a zoning permit shall include a plan of the site showing the exact size and location of the proposed activity for which the Zoning Permit is being requested, as well as any existing buildings or structures of any type.
(5)
For any proposed construction or development activity located entirely or partially within a floodplain district, applicants for zoning permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(a)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(6)
The following minimum information, plus any other pertinent data as may be required by the Zoning Officer, shall be filed by applicants for zoning permits in floodplain districts.
(a)
A plan of the entire site, clearly and legibly drawn at a scale of one inch equals 100 feet or less, showing the following:
[1]
North arrow, scale and date.
[2]
Topographic contour lines.
[3]
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
[4]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed development of any type.
[5]
The location of all existing streets, drives and other accessways.
[6]
The location of any existing bodies of water or watercourses, identified floodplain areas, and information pertaining to the floodway and the flow of water including direction and velocities, if available.
(b)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.
[2]
The elevation of the one-hundred-year flood.
[3]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
[4]
Detailed information concerning any proposed flood proofing measures.
(c)
The following data and documentation shall be submitted:
[1]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[2]
Detailed information needed to determine compliance with § 280-609E(3) and (5) of this chapter, including the amount, location and purpose of any materials or substances referred to in these sections which are intended to be used, produced, stored or otherwise maintained on site; and a description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 280-609E(3) during a one-hundred-year flood.
[3]
The appropriate component of the Department of Environmental Resources "Planning Module for Land Development."
[4]
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control.
(7)
The following additional data and documentation shall be included:
(a)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control.
(b)
A statement, certified by a registered professional engineer, architect, or landscape architect, that contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be stored or located in any manner on the site below the one-hundred-year flood elevation, and the effects such materials and debris may have on the one-hundred-year flood elevations and flows.
(c)
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Resources under Section 302 of Act 1978-166.
(d)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
(8)
Inspection and revocation. During the construction or development period, the Zoning Officer shall inspect the premises to determine that the work is in compliance with the information provided on the zoning permit application and with all other applicable laws and ordinances. In the discharge of these duties, the Zoning Officer shall have the authority to enter any building, structure, premises or development in the identified floodprone area, upon presentation of proper credentials at any reasonable hour.
C.
Identification of floodplain areas.
(1)
For the purposes of this chapter, the areas considered to be floodplain within the Borough of Zelienople shall be those areas shown on the Zoning District Map and those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study prepared for the Borough by the Federal Emergency Management Agency dated June 17, 1986.
(a)
A map showing all areas considered to be subject to the one-hundred-year flood is available for inspection at the Borough offices. For the purposes of this chapter, the following nomenclature is used in referring to the various kinds of floodplain areas:
[1]
FW (Floodway Area) - the areas identified as "Floodway" in the Flood Insurance Study prepared by the FEMA.
[2]
FF (Flood-Fringe Area) - the areas identified as "Floodway Fringe" in the Flood Insurance Study prepared by the FEMA.
[3]
FA (General Floodplain Area) - the areas identified as "Approximate one-hundred-year floodplain" in the Flood Insurance Study prepared by the FEMA.
[4]
The FW (Floodway Area) is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The sites included in this area are specifically defined in the Floodway Data Table contained in the above referenced Flood Insurance Study and shown on the Flood Boundary and Floodway Map.
[5]
The FF (Flood-Fringe Area) shall be that area of the one-hundred-year floodplain not included in the Floodway. The basis for the outermost boundary of this district shall be the one-hundred-year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on the Flood Boundary and Floodway Map.
[6]
FA (General Floodplain Area) - The areas identified Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
(b)
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough.
(2)
_____
(a)
The areas considered to be floodplain may be revised or modified by the Council where studies or information provided by a qualified agency or person documents the need or possibility for such revision.
(b)
No modification or revision of any floodplain area identified in the Flood Insurance Study shall be made without prior approval from the Federal Emergency Management Agency.
(3)
Disputes.
(a)
Should a dispute arise concerning the identification of any floodplain area, an initial determination shall be made by the Planning Commission and any party aggrieved by such decision may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
(b)
The Zoning Hearing Board may require other sources of information, including hydrologic and hydraulic analysis to be undertaken. Such analysis shall be acceptable only if prepared by professional engineers or others of demonstrated qualifications who shall certify that the technical methods used correctly reflect currently accepted technical concepts. All such material shall be submitted in sufficient detail to allow a thorough technical review by Borough officials.
(c)
Any changes in the elevation of the floodplain areas shall be subject to the review and approval of the Federal Insurance Administrator.
(4)
The Flood Insurance Study prepared for Zelienople Borough by the Federal Emergency Management Agency dated June 17, 1986, the accompanying Floodway Data Table, the Flood Boundary and Floodway Map, the Flood Insurance Rate Map together with amendments, map inserts, ordinances, notations, references or designations shown on said material are hereby made a part of this chapter as if the same were fully described and set forth herein.
D.
Land use requirements. In the identified floodplain area, all uses of land and associated activities shall comply with the restrictions and requirements of this and all other applicable codes and ordinances in force in the municipality.
(1)
Uses permitted in the I Limited Industrial District that have a low flood damage potential and do not obstruct flood flows may be permitted within the Floodplain District. In addition, the following uses may be permitted:
(2)
The following activities shall be specifically prohibited within any FW (Flood-way Area), FF (Floodfringe Area) or any FA (General Floodplain Area).
(3)
No use shall adversely affect the capacity of the channels or floodways of any tributary to a main stream, drainage ditch, or any other drainage facility or stream. Within the floodway, no development shall be permitted if the development would cause any increase in the one-hundred-year flood elevation.
E.
Technical provisions.
(1)
Any construction, development, uses or activities allowed within any identified floodplain shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.
(a)
Within any FW (Floodway Area):
[1]
Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.
[2]
No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management.
[3]
Mobile homes/house trailers shall be prohibited.
(b)
Within any FA (General Floodplain Area):
[1]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse unless a permit is obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management.
(c)
Residential and nonresidential structures.
[1]
Residential structures. Within any FW, FF, or FA, the lowest floor (including basement) of any substantially improved residential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation.
[2]
Nonresidential structures.
[a]
Within any FW, FF, or FA, the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
[b]
Any structure, or part thereof, that will not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or some other equivalent standard, for that type of construction. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
[3]
Fully enclosed areas below the lowest floor shall be prohibited.
(2)
The following standards shall apply for all construction and development proposed within any identified floodplain area:
(a)
If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from all points;
[2]
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
[4]
Be no steeper than one vertical to two horizontal, unless substantiated data justifying steeper slopes are submitted to, and approved by, the Zoning Permit Officer;
[5]
Be used to the extent to which it does not adversely affect adjacent properties.
(b)
Drainage.
[1]
Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(c)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d)
Other utilities.
[1]
All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(e)
Streets.
[1]
The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(f)
Storage.
[1]
All materials that are buoyant, flammable, explosive, or which in times of flooding could be injurious to human, animal, or plant life, and not listed in § 280-609E(3), shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(g)
Placement of buildings, structures, and mobile homes/house trailers.
[1]
All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
[2]
All mobile homes/house trailers shall be placed on a permanent foundation, elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year flood and anchored to resist flotation, collapse or lateral movement.
(h)
Anchoring.
[1]
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
[2]
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(i)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring perpendicular to the flooring grain without causing structural damage to the building.
[2]
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
[3]
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
[4]
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(j)
Paints and adhesives.
[1]
Paints or other finishes used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.
[2]
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.
[3]
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
(k)
Electrical components.
[1]
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
(l)
Equipment.
[1]
Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical, or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(m)
Fuel supply systems.
[1]
All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(3)
In order to control development that may endanger human life, and in accordance with the Pennsylvania Floodplain Management Act[4] and the regulations adopted by the Department of Community Affairs as required by the Act, any new or substantially improved structure which: will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances, shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
[4]
Editor's Note: See 32 P.S. § 679.101 et seq.
(4)
Within any FW (Floodway Area), any structure, material or substance of the kind described in Subsection E(3), above, shall be prohibited.
(5)
Where permitted within any FF (Flood-Fringe Area) or FA (General Floodplain Area), any structure, material or substance described in Subsection E(3), above, shall be:
(a)
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood;
(b)
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood;
(c)
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.
F.
Existing structures in identified floodplain areas. Structures existing in any identified floodplain area prior to the enactment of this chapter may continue subject to the following provisions. Where any conflict is raised between Article XII of this chapter and the following provisions (§ 280-609F), the requirements of the latter shall prevail.
(1)
No expansion or enlargement of an existing structure shall be allowed within any identified floodway that would cause any increase in flood heights.
(2)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
(3)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
G.
Variances. If compliance with any of the requirements of § 280-609 of this chapter would result in an exceptional hardship for a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of said requirements, subject to the following:
(1)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the provisions of Article XV of this chapter and the following:
(a)
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.
(b)
No variance shall be granted for any of the requirements of this chapter which pertain to activities specifically prohibited in § 280-609D(2) or to development which may endanger human life in § 280-609E(3).
(c)
If granted, a variance shall involve only the least modification necessary to provide relief.
(d)
In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
(f)
In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following:
[1]
That the findings are consistent with § 280-1502D(1) through (5) of this chapter.
[2]
That the granting of the variance will:
[a]
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;
[b]
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state statute or regulation, or local ordinance or regulation.
(g)
A report of all variances granted during the year which involve uses or activities in an FW (Floodway Area), FF (Flood-Fringe Area) or FA (General Floodplain Area) shall be included in the annual report to the Federal Emergency Management Agency.
(h)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
§ 280-610 Zelienople Municipal Airport Zoning Overlay.
A.
This section is adopted pursuant to the authority conferred by the Act of October 10, 1984, P.L. 837, No. 164, codified at 74 Pa.C.S.A. § 5101 et seq. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Zelienople Municipal Airport and property or occupants of land in its vicinity, that an obstruction may affect existing and future instrument approach minimums of the Zelienople Municipal Airport and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft thus tending to destroy or impair the utility of the Zelienople Municipal Airport and the public investment therein. Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction has the potential of being a public nuisance and many injure the region served by the Zelienople Municipal Airport.
(2)
That it is necessary, in the interest of the public health, safety, morals and general welfare, that the creation or establishment of obstructions that are a hazard to air navigation be prevented.
(3)
That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
(4)
It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in lands.
B. AIRCRAFT AIRPORT AIRPORT ELEVATION AIRPORT HAZARD AREA APPROACH SURFACE APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES CONICAL SURFACE DEPARTMENT FAA HAZARD TO AIR NAVIGATION HEIGHT HEIGHT, TREE HORIZONTAL SURFACE LARGER THAN UTILITY RUNWAY NONCONFORMING USE NONPRECISION INSTRUMENT RUNWAY OBSTRUCTION PERSON PRECISION INSTRUMENT RUNWAY PRIMARY SURFACE PRIVATE AIRPORT PUBLIC AIRPORT RUNWAY STRUCTURE TRANSITIONAL SURFACES TREE UTILITY RUNWAY VISUAL RUNWAY WOODLAND
Definitions. For purposes of this section, the words listed in this subsection shall bear the respective meanings assigned to each. Words in the singular shall be used to include the plural, unless the context otherwise requires.
Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into or flight through the air. See 74 Pa.C.S.A. § 5102.
Refers to the Zelienople Municipal Airport and is defined as any of land or any appurtenant areas which are used or intended to be used for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. See 74 Pa.C.S.A. § 5102. As used herein, the term "airport" shall not include heliports. Private and public airports are defined separately in this section.
The highest point of an airport's usable landing area, measured in feet from sea level; here, 897.94 feet above mean sea level.
Any area of land or water upon which a hazard to air navigation (an airport hazard) might be established if not prevented as provided by these regulations and the Act of October 10, 1984, P.L. 837, No. 164.[1]
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at such slope as the approach surface zone height limitation slope set forth in Subsection D of this section. In the plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are shown in the illustration entitled "Isometric View of Airport Zones" set forth in Subsection C of this section.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
The Pennsylvania Department of Transportation.
The Federal Aviation Administration of the United States Department of Transportation.
Any object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined by "airport hazard" in 74 Pa.C.S.A. § 5102.
For the purpose of determining the height limits in all zones set forth in this section and shown on the Zoning Map, the datum shall mean sea level elevation unless otherwise specified.
Height as applied to trees shall mean the average of the expected height of the tree at maturity for the respective species in consideration of the geographic region and climate of the Borough.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which, in plan, coincides with the perimeter of the horizontal zone.
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this section or an amendment thereto.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment and for which a straight-in nonprecision instrument approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.
An individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity, including a trustee, a receiver, an assignee or a similar representative of any of the above.
A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a Precision Approach System is planned and is so indicated on an approved airport layout plan or any other planning document.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway for military runways or, when the runway has no specially prepared hard surface or planned hard surface, the primary surface is set forth in Subsection C of this section. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An airport which is privately owned and which is not open or intended to be open to the public, as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and which is open to the public, as defined in 74 Pa.C.S.A. § 5102.
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including, without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface extend a distance of 5,000 feet, measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway center line.
Any object of natural growth.
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
A runway intended solely for the operation of aircraft using visual approach procedures.
An area of land, bearing a minimum of 1/4 acre, where the cumulative coverage of tree canopies at maturity covers 1/4 acre of land or one half of the ground on which the group of trees is located, whichever is greater.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
C.
Airport Overlay Zoning Map Overlay Zones.
(1)
In order to carry out the provisions of this section, there are hereby created and established certain airport overlay zoning districts which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Zelienople Municipal Airport. Such zones are visually depicted on the Height Limitation and Zoning District Map, prepared by L. Robert Kimball and Associates and dated May 2006, which is available at the Borough offices and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.
(a)
Zone A: runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach surface zone. Established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(b)
Zone B: transitional surface zones. Established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Airport Overlay Zoning Map.
(c)
Zone C: horizontal surface zone. Established beneath the horizontal surface, 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal surface zone does not include the approach surface and transitional surface zones.
 |
(2)
Airport Overlay Zoning District height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(a)
Zone A: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
(b)
Zone B: Slopes seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation, which is 897.94 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface.
(c)
Zone C: Established at 150 feet above the established airport elevation or at a height of 1,047.94 feet above mean sea level.
(3)
Excepted height limitations.
(a)
Nothing in this section shall be construed as prohibiting the construction or maintenance of any building to a building height of 35 feet or any tree or other structure of up to 40 feet above the surface of the land.
(b)
Nothing in this section shall be construed as prohibiting the replanting or additional planting of trees within Zone C that are within a woodland as existing as of the date of this section's adoption.
D.
Airport zoning requirements.
(1)
Reasonableness. All airport zoning regulations adopted under this section shall be reasonable; none shall impose any requirement or restriction unless it is reasonably necessary to effectuate the purpose of this section.
(2)
Use restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of the pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
(3)
Nonconforming uses.
(a)
Regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section or otherwise interfere with the continuance of any nonconforming use, except as provided in Subsection F (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section and is diligently prosecuted.
(b)
Marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any existing nonconforming structure of tree is hereby required to permit the installation, operation and maintenance thereon or nearby of such markers and lights as shall be deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Zelienople Municipal Airport.
E.
Permits and variances.
(1)
Permit applications. As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or manmade), in the vicinity of the airport, shall meet with the Zoning Officer to determine if the proposed work will comply with Subsection C(4) above. If the Zoning Officer requires, the applicant shall notify the Department's Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined below. No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
(2)
Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(a)
No objection: The subject construction is determined not to exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination, a variance shall be granted.
(b)
Conditional determination: The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection D(3)(a) Marking and lighting.
(c)
Objectionable: The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
(3)
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this chapter.
F.
Enforcement notice.
(1)
Local enforcement. It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Officer upon a form published for that purpose. Application for action by the Zoning Hearing Board shall be forthwith transmitted by the Zoning Officer.
(2)
Notice to Department. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this section shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue. All permits shall include the following disclaimer, the language of which shall be a requirement of this chapter: "This permit is not intended to authorize activities in conflict with federal or state statutes. The applicant shall obtain remaining necessary approvals in order to effectuate the issuance of a building permit where required by the Pennsylvania Uniform Construction Code."
G.
Zoning Hearing Board. The Zelienople Zoning Hearing Board shall have the power to hear and decide appeals from any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this section and to further hear and decide special exceptions to the terms of this section upon which such Zoning Hearing Board under such regulations may be required to pass and, further, to hear and decide specific variances, all of which is pursuant to the authority granted by this chapter, as amended.
H.
Appeals.
(1)
Right to appeal. Any person aggrieved or any taxpayer affected during the administration of this section by any decision of the Borough may appeal to the Zoning Hearing Board.
(2)
Reasonable time requirement. All appeals to the Zoning Hearing Board hereunder must be taken within a reasonable time and as per the procedures outlined in § 280-1501 of this chapter.
(3)
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Borough certifies to the Zoning Hearing Board, after the notice of appeal has been filed with it, that, by reason of the facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the Zoning Hearing Board on notice to the Borough.
(4)
Power to reverse, affirm or modify orders. The Zoning Hearing Board may, in conformity with the provisions of this section, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances.
I.
Acquisition of air rights. In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use or the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations or it appears advisable that the necessary approach protection be provided by acquisition of property rights, rather than airport zoning regulations, the municipality within which the property or nonconforming use is located or the municipality or municipal authority owning the airport or served by it may acquire by purchase, grant or condemnation, in the manner provided by the law under which municipalities are authorized to acquire real property for public purposes, such air right, aviation easement or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this section. In the case of the purchase of any property or any easement or estate or interest therein or the acquisition thereof by the power of eminent domain, the municipality making the purchase of exercising the power shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility which is required to be moved to a new location.
J.
Relation to other zoning regulations. In the event of conflict between any regulation of this section and any other regulations otherwise applicable to the same area, whether the conflict be with respect to the height of structures or trees and the use of land, or any other matter and whether the other regulations of this chapter, the more stringent limitation or requirement shall govern and prevail.
§ 280-611 VR Village Residential.
[Added 9-26-2022 by Ord. No. 883-22]
A.
Statement of purpose. The VR - Village Residential District consists of subdistricts providing a mixture of housing types consisting of single-family dwelling units and townhouse dwelling units. The residential development standards utilize design, scale, building orientation, landscaping, and open space to create a pedestrian-oriented neighborhood with a sense of community and place.
B.
The following provisions apply specifically to the respective development subdistricts:
(1)
VR Development Subdistrict A.
(b)
The maximum number of dwelling units is 65.
(d)
Lot, area and dimensional requirements.
[1]
The following requirements apply to each lot:
[a]
Minimum lot width of 62 feet along the building line but not less than a total of 26 dwelling unit lots of the total 65 dwelling unit lots must have a minimum lot width of 80 feet.
[b]
Minimum lot frontage of 44 feet.
[c]
Distance between the nearest portion of the building line to the nearest portion of the edge of sidewalk shall be not less than 25 feet.
[d]
Minimum front yard of 20 feet.
[e]
Minimum side yard of 10 feet.
[f]
For a corner lot, minimum yard of 15 feet along the entire property line abutting each street.
[g]
Minimum rear yard of 30 feet.
[h]
No building shall exceed a building height of 35 feet.
[i]
One principal building permitted per lot.
[2]
The maximum impervious surface coverage for the entire Subdistrict A is 35%.
(2)
VR Development Subdistrict B.
(c)
The maximum number of townhouse dwelling units is 86.
(d)
Lot, area and dimensional requirements.
[1]
The following requirements shall apply to all townhouse dwelling unit buildings:
[a]
Minimum front yard of 20 feet.
[b]
Distance between the nearest portion of the building line to the nearest portion of the edge of sidewalk shall be not less than 25 feet.
[c]
Minimum side yard of 10 feet.
[d]
For a corner lot, minimum yard of 15 feet along the entire property line abutting each street.
[e]
Minimum rear yard of 30 feet.
[f]
No building shall exceed a building height of 35 feet.
[g]
Each townhouse building shall comprise not less than three townhouse dwelling units nor more than five townhouse dwelling units.
[2]
Building permits for no more than 53 townhouse dwelling units shall be issued unless and until the date on which: i) not less than 90 building permits have been issued for single-family dwelling units constructed in Subdistrict C; and ii) construction has at least commenced, in the reasonable discretion of the Zoning Officer, pursuant to each of such 90 building permits.
[3]
The maximum impervious surface coverage for the entire Subdistrict B is 40%.
(3)
VR Development Subdistrict C.
(c)
The maximum number of dwelling units is 130.
(d)
Lot, area and dimensional requirements.
[1]
The following requirements shall apply to each lot:
[a]
Minimum lot width of 62 feet along the building line but not less than a total of 52 dwelling unit lots of the total 130 dwelling unit lots must have a minimum lot width of 80 feet.
[b]
Minimum lot frontage of 44 feet.
[c]
Distance between the nearest portion of the building line to the nearest portion of the edge of sidewalk shall be not less than 25 feet.
[d]
Minimum front yard of 20 feet.
[e]
Minimum side yard of 10 feet.
[f]
For a corner lot, minimum yard of 15 feet along the entire property line abutting each street.
[g]
Minimum rear yard of 30 feet.
[h]
No building shall exceed a building height of 35 feet.
[i]
One principal building permitted per lot.
[2]
Not less than 35% of the dwelling units having a minimum lot width of less than 80 feet shall have porches having a minimum depth of four feet and a minimum width of seven feet.
[3]
The maximum impervious surface coverage for the entire Subdistrict C is 40%.
(4)
VR Development Subdistrict D.
(c)
The maximum number of dwelling units is 140.
(d)
Lot, area and dimensional requirements.
[1]
The following requirements shall apply to each lot:
[a]
Minimum lot width of 62 feet along the building line but not less than a total of 56 dwelling unit lots of the total 140 dwelling unit lots must have a minimum lot width of 80 feet.
[b]
Minimum lot frontage of 44 feet.
[c]
Distance between the nearest portion of the building line to the nearest portion of the edge of sidewalk shall be not less than 25 feet.
[d]
Minimum front yard of 20 feet.
[e]
Minimum side yard of 10 feet.
[f]
For a corner lot, minimum yard of 15 feet along the entire property line abutting each street.
[g]
Minimum rear yard of 30 feet.
[h]
No building shall exceed a building height of 35 feet.
[i]
One principal building permitted per lot.
[2]
Not less than 35% of the dwelling units having a minimum lot width of 80 feet shall have porches having a minimum depth of four feet and a minimum width of seven feet.
[3]
The maximum impervious surface coverage for the entire Subdistrict C is 25%.
C.
Buffering standards.
(1)
Adjacent or abutting residential zones. A fifty-foot yard is required along the entire perimeter of the property comprising the VR District, except for: i) the abutting agricultural zones identified in Subsection C(2) below; ii) openings as required for access driveways and utilities; and iii) such other exceptions approved by Council. The buffer area shall include preserved woodlands where available, mounding with landscaping and breaks in topography, all as sufficient to screen the development from abutting and adjacent properties.
(2)
Abutting agricultural zones (Marion Township).
(a)
Where the development abuts existing agricultural properties, the buffer may be reduced to a minimum of 25 feet.
(b)
Where the buffer is less than 50 feet along any portion of abutting agricultural property:
[1]
The existing vegetation will be maintained in or restored to its natural condition; and
[2]
A minimum six-foot-tall neutral-tone maintenance-free privacy fence will be installed approximately in the center 1/3 of the buffer strip; and
[3]
Where there is active keeping of farm animals, the developer, upon request of the abutting owner, shall install on the owner's property, prior to the installation of the privacy fence, a row of fencing located approximately 15 feet from the boundary line.
D.
Trail protection.
(1)
Existing conservancy trails that are eliminated by development shall be replaced in alternate locations in accordance with Attachment 3.[5] The relocated trails shall be continuous trails and shall be contiguous with the remaining portions of the eliminated trails. The developer shall clear existing trees, grade and seed the trails to a width of eight feet, and shall install drains across the trail as needed to accommodate proposed drainage patterns. Maintenance of relocated trails will be performed by a community organization.
[5]
Editor's Note: See Attachment 5 to this chapter.
(2)
The developer may propose to install additional walking trails as an amenity to the development. Any such trails within any phase of development shall be constructed within eight months of the issuance of the occupancy permit for the first dwelling unit within said phase and will be owned and maintained by the homeowners' association. The homeowners' association shall reserve the right to restrict or prohibit public access to such additional walking trails.
E.
Vehicle access locations.
(1)
Primary access to the development shall be located within 500 feet of the eastern boundary of the property along Route 68 and shall consist of a traffic circle or roundabout to improve traffic flow, lower vehicle speeds and provide landscape opportunities (the "roundabout"). The roundabout shall be located outside the PennDOT right-of-way and shall be installed at the intersection nearest to Route 68.
(2)
Primary access to the parcel to the west of Muntz Road (VR Development Subdistrict A) may be from Muntz Road and/or from Route 68, if approved by PennDOT.
(3)
Under no circumstance shall construction vehicles access the VR-Village Residential District via the Timberbrook Plan.
(4)
Not less than six months following the issuance of building permits for more than 53 townhouse dwelling units in Subdistrict B, a sole secondary access to Subdistrict C shall be provided by connecting to the existing terminus of Oakdale Drive in the Timberbrook Plan of Lots located where Maplecrest Drive and Oakdale Drive come to a "T" nearest the southeast corner of Subdistrict C and located on the parcels identified as Parcel Nos. 550-S8-A49 and 550-S7-A99. This connection shall be constructed within six months of occupancy of the first dwelling unit within Subdistrict C. No additional connections to the Timberbrook Plan of Lots shall be permitted.
F.
Design standards.
(1)
General layout.
(b)
Street trees will be planted along the curb at a minimum of one per lot throughout the single-family sections and one between each building in the townhome section. Professionally designed foundation planting will be installed on the front of each single-family dwelling unit and each townhome structure.
(c)
Every single-family dwelling shall have direct access to a public street.
(d)
If common open space is deeded to a homeowners' association established for that purpose, the applicant shall file a declaration of covenants and restrictions that will govern the organization. The provisions shall include, but shall not be limited to, the following:
[1]
Membership must be mandatory for each dwelling unit owner;
[2]
The open space restrictions must be permanent, not just for a period of years;
[3]
The organization must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities, including but not limited to stormwater management facilities;
[4]
Homeowners must pay their pro rata share of the cost; the assessment levied by the organization can become a lien on the property; and
[5]
A majority of the owners of dwelling units in the organization must have the authority to adjust the assessment to meet changed needs.
(e)
A lamppost shall be provided for each lot.
(2)
Single-family and village family homes.
(a)
Foundations will be poured concrete with an embossed brick pattern on sides and rears. Front walls shall be clad with either a brick or stone facade. No exposed block foundation walls will be permitted.
(b)
Vinyl siding materials shall be used with traditional and craftsman architectural elevations. Vinyl siding materials shall be used with a minimum of 0.42 mm gauge thickness. Lap, board and batten, shake and shingle siding types are all permitted.
(c)
Brick is an acceptable building material on any foundation or wall. Placement of brick will be determined by builder's architectural plans.
(d)
Manufactured stone is an acceptable building material on any foundation or wall. Placement of stone will be determined by builder's architectural plans.
(3)
Townhomes.
(a)
All townhomes will be constructed with a mix of stone and siding materials with architecturally designed Craftsman elevations.
(b)
Foundations will be poured concrete with an embossed brick pattern on sides and rears. Front walls shall be clad with a stone facade.
(c)
Foundations installed with block due to slab on grade condition will be clad in stone. No exposed block is permitted.
(d)
Siding.
[1]
Vinyl siding materials shall be used with a minimum of 0.42 mm gauge thickness. Lap, board and batten, shake and shingle minimum of 0.42 mm gauge thickness. Lap, board and batten, shake and shingle siding types are all permitted.
[2]
Brick is an acceptable building material on any wall. Placement of brick will be determined by builder's architectural plans.
(e)
Manufactured stone is an acceptable building material on any foundation or wall so long as it is installed consistent with manufacturer's standards and specifications. Placement of stone will be determined by builder's architectural plans.
(4)
Stormwater. The development drains to Glade Run and Muntz Run which both contribute to the Zelienople-Harmony Sportsmen's Club lake. Although both streams are classified as warm water fisheries (WWF), the developer shall utilize best management practices above the WWF requirement to protect sediment from being discharged from the site.
H.
Conflicts. In the event of any conflict or inconsistency between the VR-Village Residential District provisions and any other Borough ordinance, resolution, rule or regulation, the VR-Village Residential provisions shall control.
I.
Attachments.[7]
(1)
Zoning Map 611-1 presents the boundaries of the VR Village Residential Zoning District.
(2)
Zoning Map 611-2 presents the Subdistrict boundaries in the VR Village Residential Zoning District.
(3)
Zoning Map 611-3 presents the existing trail locations in the VR Village Residential Zoning District.
[7]
Editor's Note: Said attachments are included as Attachments 3, 4 and 5 to this chapter.