A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
(a) Permitted Uses by Right.
(1) Principal uses.
A. Any use permitted by right in the R-1 Residence District.
B. Public education institution.
C. Municipal building or municipal use, including water towers and reservoirs.
(Ord. 2717. Passed 2-10-86.)
(Ord. 2717. Passed 2-10-86.)
D. Telephone central office; electric substation; utility lines; but not including communication facilities and tower sites as defined in this ordinance.
(Ord. 3033. Passed 4-15-96.)
(Ord. 3033. Passed 4-15-96.)
(2) Accessory uses.
A. Customary accessory uses on the same lot with a principal use authorized by right or by special exception in this District.
B. Signs, as authorized by Article 1375.
C. Home occupations, subject to Section 1323.02(a)(2)C.
D. Private garage.
E. Gardening as an avocation.
(b) Uses By Special Exception.
(1) Principal uses.
A. Any use authorized as a use by special exception subject to the applicable express standards and criteria in the R-1 Residence District, except mobile homes on individual lots.
B. Medical clinic or medical office building, subject to the express standards and criteria contained in Article 1355 governing Designed Medical Centers.
C. Private or parochial educational institution; church or other place of worship, or other institution for religious or philanthropic use, excluding correctional or penal institutions, subject to the following express standards and criteria:
1. All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least six feet in depth measured from the property line.
2. No storage of equipment or material shall be permitted outside a structure.
3. All lights shall be shielded and reflected away from adjoining property.
4. Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles.
5. Adequate off-street parking and loading facilities shall be provided in accordance with the requirements of Section 1363.03.
6. The use shall comply with all applicable laws and regulations of the Commonwealth and its various bureaus and departments.
7. The use shall comply with all applicable rules and regulations of the Allegheny County Health Department.
D. Hospitals, as defined by this Zoning Ordinance, subject to the following express standards and criteria:
1. The minimum site area shall be five acres.
2. The site shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
3. All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least six feet in depth measured from the property line.
4. No storage of equipment or material shall be permitted outside a structure.
5. All lights shall be shielded and reflected away from adjoining property.
6. Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles.
7. Adequate off-street parking and loading facilities shall be provided in accordance with the requirements of Section 1363.03.
8. The use shall comply with all applicable laws and regulations of the Commonwealth and its various bureaus and departments.
9. The use shall comply with all applicable rules and regulations of the Allegheny County Health Department.
E. Public or noncommercial park, playground or recreational area, and private or commercial park, playground or recreational area, subject to the following express standards and criteria:
1. All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which is at least six feet in depth measured from the property line.
2. No storage of equipment or material shall be permitted outside a structure.
3. All lights shall be shielded and reflected away from adjoining property.
4. Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles.
5. Adequate off-street parking and loading facilities shall be provided in accordance with the requirements of Section 1363.03.
6. The use shall comply with all applicable laws and regulations of the Commonwealth and its various bureaus and departments.
7. The use shall comply with all applicable rules and regulations of the Allegheny County Health Department.
8. The use shall comply with the noise standards of Section 1371.15(c).
F. Oil and gas wells, subject to the following express standards and criteria:
1. No drilling operation shall be conducted closer than 100 feet to an adjacent property line or a public road.
2. No drilling operation shall be conducted closer than 200 feet to an existing dwelling, school, hospital or similar residential use or to any water source for such use.
3. Drilling operations shall conform to the performance standards of Section 1371.15.
4. An application for zoning approval shall contain the following information.
a. A copy of the permit from the Pennsylvania Department of Environmental Resources for the oil or gas drilling operation.
b. A copy of the well location map.
c. A copy of the notice of proposed or exisiting location form required by the Pennsylvania Department of Environmental Resources.
5. The required state permits shall be maintained throughout the duration of all drilling operations.
6. Any suspension or revocation of the required state permits shall constitute a violation of this Zoning Ordinance and will result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this Zoning Ordinance or both.
7. Performance and maintenance guarantees shall be required prior to permit issuance. The performance guarantee shall include, at a minimum, but not be limited to, a provision for adequate protection from any adverse conditions which may result from the well drilling operation, especially from the production of salt brine. The purpose of the maintenance guarantee shall be to protect adjacent roads, water supplies and to provide for property damage. The amounts of the performance and maintenance guarantees shall be established by the Zoning Hearing Board.
8. While any field is in production, the amount of the performance guarantee may be reduced by Council when the wells have been drilled in accordance with the regulations of the DER permit and any other conditions attached to the approval by the Zoning Hearing Board have been met.
9. Upon termination of production of any field, the amount of the maintenance guarantee may be reduced by Council when the wells under the permit have been plugged in accordance with the DER regulations.
(Ord. 2717. Passed 2-10-86.)
G. Conversion of surplus space in a public school, subject to the following express standards and criteria:
1. Conversion of surplus school space shall be limited to the following uses permitted singly or in combination in school buildings in which at least fifty percent (50%) of the total floor area of the school building is being used for public school purposes:
a. School District administrative offices;
b. Private education;
c. Studios for music, art or dance;
d. Day Care Centers;
e. Public or private recreation;
f. Community Center;
g. Offices or facilities providing services of an educational, cultural, governmental, philanthropic or civic nature;
h. Business or professional offices.
2. Conversion of surplus school space for public use and occupancy shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry.
3. Parking shall be provided on the site for the floor area to be converted in accordance with the ratios required by Section 1363.03 for the proposed use or uses.
4. Parking areas which adjoin single family use or zoning classification shall be screened by a buffer area, as defined by this Zoning Ordinance, which is at least five feet in depth as measured from the property line.
5. All exterior lighting of the building and parking areas shall be shielded and directed away from adjacent streets and properties.
6. Adequate provisions shall be made through proper signs and other appropriate means to control pedestrian and vehicular traffic on the site and in the building to protect the safety of the school students and the integrity of that portion of the building and site being used for school purposes.
H. Conversion of a public school building which has been entirely abandoned for school purposes, subject to the following express standards and criteria:
1. The only uses that the building shall be permitted to be converted to are:
a. Day Care Center;
b. Personal Care Boarding Home;
c. Nursing Home;
d. Housing for the Elderly;
e. Multifamily Dwellings;
f. Public or private educational civic, cultural, recreational, or social center;
g. Business or professional offices.
2. Personal care boarding homes, nursing homes and day care centers shall be licensed by the Commonwealth.
3. Personal care boarding homes, nursing homes and day care centers shall be subject to the applicable express and criteria for the uses contained in Sections 1323.02(b)(1)D., 1329.02(b)(1)D., and 1331.02(b)(1)B., except that direct vehicular access to an arterial or collector street shall not be required.
4. Conversion of a school building to any use proposed for public occupancy shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry.
5. Multifamily dwellings and housing for the elderly shall comply with all applicable provisions of Article 1351, except minimum site size.
6. Conversion of the school building may involve exterior modifications to comply with applicable codes; however, no enlargement or expansion of the usable floor area of the building shall be permitted.
7. Parking shall be provided on the site for the total floor area to be converted in accordance with the ratios required by Section 1363.03 for the proposed use or uses.
8. Parking areas which adjoin single family use or zoning classification shall be screened by a buffer area, as defined by this Zoning Ordinance, which is at least five feet in depth as measured from the property line.
9. All exterior lighting of the building and parking areas shall be shielded and directed away from adjacent streets and properties.
I. Conversion of abandoned public school sites, subject to the following express standards and criteria:
1. In the event that rehabilitation of an abandoned public school building is found to be economically unfeasible and the school building is proposed for demolition, in addition to the uses authorized in the Zoning District in which the site is located, the vacant site may be used under the following :
a. Townhouses may be proposed for part or all of the vacant site.
b. Townhouses shall be limited to a maximum of five units in a building.
c. The maximum gross dwelling unit density shall be nine units per acre in the R-2 and R-3 Districts.
d. The maximum height of buildings shall be no more than three stories and no greater than thirty-five feet.
e. The maximum building coverage shall be thirty-five percent (35%)
f. Grouping of townhouse buildings shall comply with the requirements of Section 1351.03(i).
g. Minimum yards shall be provided in accordance with the requirements of Section 1351.03(j).
h. Development of a site for townhouse dwellings shall comply with the requirements of Section 1351.03(k) to (o) governing grading, drainage, parking, loading and balconies.
i. A buffer area, as defined by this Zoning Ordinance, which is at least ten feet in depth as measured from the property line shall be provided along all lot lines abutting commercially zoned land, along public rights of way directly across which is commercially zoned land and along property lines of single family or two family development or zoning classification.
j. Development of a site for townhouse dwellings shall comply with the requirements of Section 1351.03(q) to (s) governing play areas, utilities and performance standards.
(Ord. 2749. Passed 9-10-86.)
(c) Uses By Special Exception Authorized Only in the Lincoln Way Transitional Zone.
(1) Principal uses.
A. Mortuary, subject to the following express standards and criteria:
1. The minimum site area shall be 20,000 square feet.
2. The site shall have frontage on and direct vehicular access to an arterial or collector road as defined by this Zoning Ordinance.
3. Off-street parking and loading shall be provided in accordance with the requirements of Section 1363.03.
4. All lighting shall be shielded away from adjacent properties.
5. All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this Zoning Ordinance which shall be at least four feet in depth measured from the property line.
B. Conversion of existing dwellings into dwelling units for two or more families. subject to the following express standards and criteria:
1. An existing dwelling proposed to be converted into dwelling units for the use of two or more families shall have been erected more than forty years before the date of application for such conversion.
2. The minimum gross floor area of a dwelling to be converted shall be 1,600 square feet, exclusive of garage and/or basement. Conversion of garage and basement areas to dwelling units shall not be permitted.
3. In the R-2 District, the minimum lot area required shall be 6,000 square feet per family; in the R-3 District, the minimum lot area required shall be 4,500 square feet per family.
4. The yard and building area requirements for the district per family unit shall apply.
5. The regulations of the offices of the Fire Marshal, Bureau of Fire, Commonwealth and Allegheny County Fire Marshal shall be fully complied with.
6. Two off-street parking spaces shall be provided for each family unit on the premises with adequate means of ingress and egress for standard size automobiles.
7. Separate culinary and sanitary facilities shall be furnished for each family unit which fully comply with the requirements of the Plumbing Ordinance of the County of Allegheny.
(Ord. 2717. Passed 2-10-86.)
C. Conversion of an existing dwelling to: specialty retail, as defined by this article; professional offices, including Single Occupancy Medical Professional Offices and Designed Medical Centers, provided the Designed Medical Centers meet all the requirements of Article 1355; or personal services such as beauty or barbershop, seamstress or tailor or other personal services to individuals, their apparel or personal effects, excluding laundry, dry cleaners, shoe repair, repair of automobiles or other machinery or equipment, subject to the following express standards and criteria.
(Ord. 2942. Passed 7-19-93.)
1. The minimum lot area required shall be 6,000 square feet.
2. All other minimum area and bulk regulations shall be the same as the requirements for single-family dwellings in the district in which the property is located.
3. No conversion of accessory structures on the lot shall be permitted.
4. Exterior alterations of the dwelling shall be permitted to comply with fire safety regulations, to modify entrances or to enclose porches; however, no other alterations which would result in the enlargement of the total floor area devoted to office or customer use shall be permitted, unless the total floor area of a dwelling is less than 1,500 square feet, in which case enlargement of the structure shall be permitted up to a maximum total floor area of 1,500 square feet, provided that the parking requirements for the proposed use can be met on the lot and that the total lot coverage does not exceed twenty percent (20%) of the total area of the lot.
5. Parking shall be provided based on the ratio of one parking space for each 200 square feet of floor area of building devoted to office or customer use.
6. Parking shall not be permitted in the side yard.
7. Adequate area shall be provided on the lot for vehicles to turn around so that traffic will not be required to back onto Lincoln Way.
8. All parking spaces shall be screened by a buffer area comprised entirely of evergreen planting which is at least five feet in depth as measured from the property line and which meets the standards of a buffer area, as defined by this Zoning Ordinance, within three years from the date of installation. Screening of parking spaces located in the front yard shall not obstruct visibility for traffic entering or leaving the lot or traveling on Lincoln Way.
9. Lots, other than corner lots, which have frontage on two streets shall provide a buffer area comprised entirely of evergreen planting along the entire frontage which is opposite or parallel to Lincoln Way. The buffer area shall be at least five feet in depth as measured from the property line and shall meet the standard of a buffer area, as defined by this Zoning Ordinance, within three years from the date of installation.
10. In addition to the required buffer areas, at least ten percent (10%) of the area of the front yard shall be landscaped in trees and shrubs in accordance with a landscaping plan approved by the Borough.
(Ord. 2717. Passed 2-10-86.)
11. The maximum surface area of a business identification sign shall be eighteen square feet. The business identification sign shall be constructed of materials which are compatible with the architectural characteristics of the building on the site.
The application for approval of the use by special exception shall include the location and type of signage proposed. In considering the application for approval, the Zoning Hearing Board shall evaluate the compatibility of the sign design and sign materials with other structures on the site and adjoining properties.
(Ord. 2853. Passed 3-19-90.)
12. The business identification sign shall be permitted to be attached to the wall of the building or freestanding and located at least fifteen feet from any property line. The maximum height of a freestanding sign shall be six feet. Signs shall comply with all other general regulations of Sections 1375.03 through 1375.08.
13. Vehicular access shall be restricted to Lincoln Way and/or the alleys parallel to Lincoln Way, except in the case of corner lots when vehicular access from the intersecting street may be permitted, if safety is improved.
14. In the event that two adjoining properties are converted to any authorized nonresidential use, either simultaneously or in sequence, the feasibility of sharing a common driveway with one point of access to Lincoln Way shall be investigated by the applicant and, if feasible, shall be permitted subject to evidence of a two-party agreement and PennDOT approval.
15. Approval shall be subject to posting of surety in a form acceptable to the Borough to guarantee the replacement of landscaping materials, if necessary, within one year of the date of installation.
D. Conversion apartments, in combination with specialty retail, authorized personal services or professional offices, other than medical or dental, subject to the following express standards and criteria:
1. If the minimum requirements for minimum lot size per family can be met for conversion dwellings specified in Section 1325.02(c)(1)B., conversion to a professional office or specialty retail shop may be substituted for one of the permitted conversion dwelling units. All other applicable requirements for nonresidential conversions contained in Section 1325.02(c)(1)C. shall apply to the portion of the dwelling to be used for the nonresidential conversion. The portion of the dwelling proposed for the conversion dwelling unit shall meet all applicable requirements of Section 1325.02(c)(1)B. Minimum floor area of a dwelling unit shall be 800 square feet.
E. Construction of professional offices (other than medical or dental which shall be authorized only as designed medical centers) on vacant lots, subject to the following express standards and criteria:
1. The minimum lot area required shall be 14,000 square feet.
2. The minimum required yards shall be:
Front: | 30 feet |
Side: | 15 feet each |
Rear: | 30 feet |
3. Maximum building height shall be 2 1/2 stories and no more than thirty-five feet.
4. Maximum building coverage shall be forty percent (40%).
5. Subparagraphs 5. through 15. of Section 1325.02(c)(1)C., governing conversion of dwellings to professional offices also shall apply to construction of professional offices on vacant lots.
(Ord. 2717, Passed 2-10-86.)