Township of Shaler, PA
Allegheny County
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§ 225-12
General regulations. 

§ 225-13
Swimming pools. 

§ 225-14
Stormwater management. 

§ 225-15
Limited One-Family District. 

§ 225-16
R-2 One-Family District. 

§ 225-17
R-3 Two-Family District. 

§ 225-18
R-4 Multifamily Dwelling District. 

§ 225-19
R-5 Apartment District. 

§ 225-20
C Cemetery District. 

§ 225-21
P Professional District. 

§ 225-22
NS Neighborhood Shopping District. 

§ 225-23
GC General Commercial District. 

§ 225-24
I Industrial District. 

§ 225-12 General regulations.

The principal, accessory and conditional uses and special exceptions permitted for each zoning district are shown in the following sections of this Article. Uses given in each category shall be in accordance with the common meaning of the term or in accordance with definitions as listed in § 225-6 or in accordance with subsequent sections. Only uses specifically listed or defined within the categories under this Article shall be permitted. All permitted uses are subject to the restrictions and standards set forth in other provisions of this chapter.

§ 225-13 Swimming pools.

The location, construction and maintenance of swimming pools shall be governed exclusively by the provisions of Chapter 199, Swimming Pools, as it now exists or as hereafter amended or supplemented.

§ 225-14 Stormwater management.

A. 

All uses or lots in all districts shall comply with the requirements and standards for managing stormwater runoff, if any exist, in the stormwater management district in which the use or lot is located, as contained in Chapter 195, Subdivision of Land, and applicable provisions of the Municipal Building Code.

Editor's Note: See Ch. 90, Building Construction.

B. 

Agricultural activities, logging activities, nurseries and forestry management operations, where permitted by this chapter, shall be required to provide for the safe management of stormwater runoff in accordance with the requirements of the Stormwater Management Article as contained in the Stormwater Management Ordinace in Chapter 195, Subdivision of Land, as well as all other applicable ordinances. However, the submission and approval of a stormwater management plan, as required by the Stormwater Management Article, may be waived by the Board of Commissioners for such activities which have an erosion and sedimentation control plan approved by the County Conservation District.

[Amended 5-14-1996 by Ord. No. 1739]

C. 

Strip-mining, where permitted by this chapter, shall have a plan for control of erosion and sedimentation and stormwater runoff, which is approved by the Pennsylvania Department of Environmental Protection, in accordance with the laws and regulations of the commonwealth. If the strip-mining operation is located within a watershed or watersheds for which a stormwater management plan has been approved in accordance with the requirements of the Pennsylvania Storm Water Management Act, then the erosion/sedimentation plan and any permanent stormwater runoff controls must be consistent with the standards and criteria of the watershed plan. A copy of the state-approved erosion/sedimentation plan shall be filed with the municipality prior to commencing mining operations.

[Amended 5-14-1996 by Ord. No. 1739]

§ 225-15 Limited One-Family District.

A. 

The permitted principal use shall be one-family dwellings.

B. 

Accessory uses shall be as follows:

(1) 

Cultivation of plants (avocation).

(2) 

Fence; hedgerow; enclosure wall.

(3) 

Private garage and parking area.

(4) 

Private residential swimming pool.

(5) 

Accessory structures.

(6) 

Utility building.

(7) 

No-impact home-based businesses.

[Added 11-9-2010 by Ord. No. 1887]

C. 

Conditional uses shall be as follows:

(1) 

Schools, nonprofit.

(2) 

Libraries, nonprofit.

(3) 

Colleges, nonprofit.

(4) 

Museums, nonprofit.

(5) 

Community swimming pools, nonprofit.

(6) 

Public parks.

(7) 

Churches.

(8) 

Public utility buildings.

(9) 

Firehouses.

(10) 

Municipal buildings.

(11) 

Funeral homes.

(12) 

Planned residential developments.

D. 

Special exceptions: None.

[Amended 11-9-2010 by Ord. No. 1887]

E. 

Use restrictions. The following use restrictions shall be applicable in all residential districts:

(1) 

Fences and enclosure walls. Fences and enclosure walls shall be permitted as accessory uses, except that wire fences with barbs are not permitted. The maximum height of fences and enclosure walls shall be 6 1/2 feet.

(2) 

Swimming pools. Private residential swimming pools may be constructed and shall be deemed to constitute permissible accessory uses of structures in a residential district if such swimming pools comply with the following requirements and the requirements imposed by statute, ordinance or other applicable regulations:

(a) 

No portion of any private residential swimming pool, other than walks and fences, shall be located within 10 feet from any property line or within 30 feet of any front building line.

(b) 

No pumps, filters or other swimming pool equipment or facilities, other than equipment which is entirely underground and hidden from view and other than equipment which is not permanently installed, shall be located within 10 feet from any property line or within 30 feet of the front building line.

(3) 

Commercial vehicles on residential lots. In order to stabilize and protect the essential characteristics of residential districts, to protect the health, safety and amenities of these areas and to promote a suitable environment conducive to family life, the parking of all commercial vehicles, except for temporary deliveries, is prohibited in all residential districts, subject to meeting the following requirements:

(a) 

In a private garage in a residential district which may only be used by the residents of the property.

(b) 

A single commercial vehicle with a gross vehicle weight rating (GVWR) not exceeding 5,000 pounds may only be garaged in the private garage of the resident, limited to one per lot, and used solely by the occupant.

(c) 

A commercial vehicle with a gross vehicle weight rating (GVWR) not exceeding 5,000 pounds shall be garaged at all times while on residential property and not in other parking areas, including streets and ways.

(4) 

No-impact home-based businesses. A no-impact home-based-business shall be permitted as an accessory use in a R-1 Limited One-Family District subject to the following requirements:

[Amended 11-9-2010 by Ord. No. 1887]

(a) 

A no-impact home-based business permit is required for all no-impact home-based businesses before any portion of any dwelling unit may be used for such use, and a no-impact home-based business shall not be commenced until after the no-impact home-based business permit has been obtained.

(b) 

All persons having a legal interest in the residential property to be used for a no-impact home-based business shall execute an application for a no-impact home-based business.

(c) 

A no-impact home-based business permit shall be issued only upon certification by the Code Enforcement Officer that the business or commercial activity complies with this chapter.

(d) 

A no-impact home-based business shall not be conducted in violation of any deed restriction, covenant or agreement restricting the use of land nor any master deed, bylaw or other document applicable to a common interest ownership community.

(e) 

Any no-impact home-based business which violates or exceeds any of the requirements applicable to no-impact home-based businesses shall not be considered a no-impact home-based business and shall be subject to all other applicable provisions of this chapter.

F. 

Conversion of single-family to multifamily dwelling. The Zoning Hearing Board may authorize as a special exception the conversion of a dwelling in a residence district from single-family to two-family to multifamily occupancy, subject to the following requirements:

(1) 

The lot area per dwelling unit shall not be reduced below the required lot area applying to a single-family dwelling in the district.

(2) 

Each family unit shall have not less than 600 square feet of gross habitable floor area, not including stairs or corridors.

(3) 

A separate means of access to each living unit shall be provided without passing through any other living unit except common doors, hallways, stairs or corridors.

(4) 

There shall be no extension or structural alteration of the building exterior except as may be necessary for reasons of safety or to comply with building regulations or to make the conversion feasible.

(5) 

All applicable requirements of the Pennsylvania Department of Labor and Industry, of Allegheny County, of the Shaler Township Building Code and Fire Prevention Code

Editor's Note: See Ch. 90, Building Construction; and Ch. 125, Fire Prevention, respectively.
shall be complied with.

(6) 

The standards for review of special exceptions provided in Article XVII of this chapter shall be complied with. The Zoning Hearing Board may prescribe such further conditions with respect to the conversion and use of the building or property as it deems appropriate.

§ 225-16 R-2 One-Family District.

A. 

The permitted principal use shall be one-family dwellings.

B. 

Accessory uses shall be as follows:

(1) 

All accessory uses permitted in R-1.

C. 

Conditional uses shall be as follows:

(1) 

All conditional uses permitted in R-1.

(2) 

Nonprofit recreational or community centers.

(3) 

Nonprofit grounds for games.

(4) 

Nonprofit day nurseries.

(5) 

Nonprofit kindergartens.

(6) 

Municipal and community nonprofit swimming pools.

(7) 

Churches and columbaria inside churches if proof of perpetual care is provided to the Township.

[Added 3-9-2010 by Ord. No. 1882]

D. 

Special exceptions: None.

[Amended 11-9-2010 by Ord. No. 1887]

E. 

Use restrictions shall be the same as those for District R-1, as provided in § 225-15E.

F. 

Conversion of one-family to multifamily dwelling. The requirements for conversion of a one-family to a multifamily dwelling shall be the same as those for District R-1, as provided in § 225-15F.

§ 225-17 R-3 Two-Family District.

A. 

Permitted principal uses shall be as follows:

(1) 

One-family dwelling.

(2) 

Two-family dwelling.

(3) 

Apartment building with no more than two dwelling units.

B. 

Accessory uses shall be as follows:

(1) 

All accessory uses permitted in R-2.

C. 

Conditional uses shall be as follows:

(1) 

All conditional uses permitted in R-2.

D. 

Special exceptions: None.

[Amended 11-9-2010 by Ord. No. 1887]

E. 

Use restrictions shall be the same as those provided in § 225-15E.

F. 

The requirements for conversion of a one-family to multifamily dwelling shall be the same as those provided in § 225-15F.

§ 225-18 R-4 Multifamily Dwelling District.

A. 

Permitted principal uses shall be as follows:

(1) 

One-family dwelling.

(2) 

Two-family dwelling.

(3) 

Multifamily dwelling.

B. 

Accessory uses shall be as follows:

(1) 

All accessory uses permitted in R-3.

C. 

Conditional uses shall be as follows:

(1) 

All conditional uses permitted in R-3.

(2) 

Nursing homes.

(3) 

Convalescent homes.

(4) 

Group-care facility.

D. 

Special exceptions: None.

[Amended 11-9-2010 by Ord. No. 1887]

E. 

Use restrictions shall be the same as those provided in § 225-15E.

§ 225-19 R-5 Apartment District.

A. 

Permitted principal uses shall be as follows:

(1) 

One-family dwelling.

(2) 

Two-family dwelling.

(3) 

Multifamily dwelling.

(4) 

Apartment building

(5) 

Condominium.

(6) 

Townhouse.

B. 

Accessory uses shall be as follows:

(1) 

All accessory uses permitted in District R-1.

C. 

Conditional uses shall be as follows:

(1) 

All conditional uses permitted in District R-4.

(2) 

Professional office and business service office where professional or business service office occupies ground level or below ground level space in an apartment building, provided that adequate parking is available.

(3) 

Fraternal lodges.

(4) 

Apartment houses more than three stories or 40 feet in height but in no case to exceed nine stories or 70 feet.

D. 

Special exceptions: None.

[Amended 11-9-2010 by Ord. No. 1887]

E. 

Use restrictions shall be the same as those provided in § 225-15E.

§ 225-20 C Cemetery District.

A. 

The permitted principal use shall be the underground burial of human dead.

B. 

No accessory uses shall be permitted.

C. 

Conditional uses shall be as follows:

(1) 

Columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of a cemetery.

(2) 

Communication towers and facilities.

[Added 4-12-2011 by Ord. No. 1893; amended 7-12-2011 by Ord. No. 1896]

D. 

No special exceptions shall be permitted.

§ 225-21 P Professional District.

A. 

Permitted principal uses shall be as follows:

(1) 

All uses permitted in abutting least-restricted residential district.

(2) 

Office relating to professional services.

(3) 

Office relating to business services.

B. 

Accessory uses shall be those accessory uses customarily incidental to permitted principal uses.

C. 

No conditional uses shall be permitted.

D. 

No special exceptions shall be permitted.

§ 225-22 NS Neighborhood Shopping District.

A. 

Permitted principal uses shall be retail businesses for local or neighborhood needs to the following limited extent:

(1) 

Sale and manufacture of baked goods.

(2) 

Sale of confectionary products, dairy products, delicatessen items, fruits, vegetables, groceries, meats, dry goods and variety merchandise, clothing, china, floor covering, hardware, household appliances, radios, paint, wallpaper, books magazines, tobacco products, sporting goods and photographic equipment.

(3) 

Restaurants and other eating places, excluding places providing dancing, entertainment or alcoholic beverages.

(4) 

Service establishments, such as banks, savings and loan associations, barber- or beauty shops, custom tailors, laundry agencies, self-service laundries, hand laundries, shoe repair and ice stations.

(5) 

Dry-cleaning, pressing and tailoring shops in which only nonexplosive and nonflammable solvents are used and no work is done on the premises for retail outlets elsewhere.

(6) 

Funeral home or mortuary.

(7) 

Any other neighborhood store similar to the uses listed in this section in types of goods or services sold, in business hours, in the number of persons or cars which can reasonably be expected to be attracted to the premises and in effect in the adjoining residence districts.

(8) 

Professional offices. Offices relating to business services.

B. 

Accessory uses shall be those accessory uses customarily incidental to permitted principal uses.

C. 

Conditional uses shall be as follows:

(1) 

All residential uses.

(2) 

Amusement arcades on the following conditions:

(a) 

The applicant will comply with the provisions of Chapter 78, Amusements and Amusement Devices, as now hereafter amended or supplemented (which chapter is not limited hereby).

(b) 

Not more than five devices or machines will be allowed at any one location.

(c) 

The general conditions applicable to conditional uses under this chapter will be complied with.

D. 

No special exceptions shall be permitted.

E. 

Use restrictions. The following use restrictions shall be applicable in all NS Neighborhood Shopping Districts:

(1) 

Each permitted use must be conducted wholly within an enclosed building or enclosed yard.

(2) 

There shall be no manufacturing or processing except that which is incidental to a store in which all merchandise is sold at retail on the premises.

(3) 

No front yard or sidewalk shall be used for display, sale or storage of merchandise or for the storage of vehicles, equipment, containers or waste material.

§ 225-23 GC General Commercial District.

A. 

Permitted principal uses shall be as follows:

(1) 

All uses permitted in NS Neighborhood Shopping District.

(2) 

Sale of food and beverage of all kinds.

(3) 

Sale at retail of general merchandise and apparel of all kinds, including sales by large department stores.

(4) 

Sale of furniture and household goods, including furniture storage.

(5) 

Eating places of all types, including places providing dancing, entertainment and alcoholic beverages.

(6) 

Automobile, truck and boat and trailer sales, repair and supply businesses.

(7) 

Auditorium.

(8) 

Medical or dental clinic or laboratory but not methadone treatment facilities.

[Amended 2-10-2004 by Ord. No. 1822]

(9) 

Bicycle and motorcycle sale, rental and repair.

(10) 

Blueprinting, photostating and copying services.

(11) 

Boardinghouse or rooming house.

(12) 

Catering services.

(13) 

Private club or fraternal lodge.

(14) 

Day nursery.

(15) 

Drive-in business, other than drive-in theaters.

(16) 

Feed stores.

(17) 

Frozen food storage.

(18) 

Hotels.

(19) 

Motels.

(20) 

Music conservatory or studio or dance studio.

(21) 

Nursery, flower or plant sales, provided that all incidental equipment and supplies are kept within a building.

(22) 

Sale of pets.

(23) 

Photographer's studio.

(24) 

Printing, minor or job.

(25) 

Public recreation area.

(26) 

Repairs of electrical and household appliances.

(27) 

Theater or movie, except drive-in movies.

(28) 

Tire sale or repair business.

(29) 

Pool and billiard halls.

(30) 

Bowling alleys.

(31) 

Car wash.

(32) 

Commercial sale of firearms and guns.

[Added 2-11-1997 by Ord. No. 1745]

B. 

Accessory uses shall be those accessory uses customarily incidental to permitted principal uses.

C. 

Conditional uses shall be as follows:

(1) 

All conditional uses permitted in NS Neighborhood Shopping District.

(2) 

Communication towers and facilities.

[Added 4-12-2011 by Ord. No. 1893; amended 7-12-2011 by Ord. No. 1896]

D. 

No special exceptions shall be permitted.

E. 

Use restrictions. The following use restrictions shall be applicable in all GC General Commercial Districts:

(1) 

There shall be no manufacturing or processing, except that which is incidental to a store in which all merchandise is sold at retail on the premises.

§ 225-24 I Industrial District.

A. 

Permitted principal uses shall be as follows:

(1) 

Activities of an industrial nature.

(2) 

All activities permitted in commercial district.

(3) 

Wholesale business.

(4) 

Storage buildings, warehouses and yards.

(5) 

Public garages.

(6) 

Gasoline service stations.

(7) 

Mobile home parks.

(8) 

Drive-in movies.

B. 

Accessory uses shall be those accessory uses customarily incidental to permitted principal uses.

C. 

Conditional uses shall be as follows:

(1) 

Flea markets.

(2) 

Amusement arcades on the following conditions:

(a) 

The applicant will comply with the provisions of Chapter 78, Amusements and Amusement Devices, as now in effect hereafter amended or supplemented (which chapter is not limited hereby).

(b) 

The general conditions applicable to conditional uses under this chapter will be complied with.

(3) 

Communication towers and facilities.

[Added 4-12-2011 by Ord. No. 1893; amended 7-12-2011 by Ord. No. 1896]

D. 

Special exceptions shall be as follows:

[Amended 2-10-2004 by Ord. No. 1822]

(1) 

Signs equipped with flashing or intermittent lights pursuant to § 225-57F hereof.

(2) 

Advertising signs pursuant to § 225-62A hereof.

(3) 

Methadone treatment facilities.

(a) 

Establishment and operation.

[1] 

Notwithstanding any other provision of law to the contrary and except as provided in Subsection D(3)(b), a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

[2] 

The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

(b) 

Notwithstanding Subsection D(3)(a), a methadone treatment facility may be established and operated closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, if, by majority vote, the governing body for the municipality in which the proposed methadone treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such a location. At least 14 days prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet to a school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.

(c) 

This section shall not apply to a methadone treatment facility that is licensed by the Department of Health prior to May 15, 1999.

(d) 

As used in this section, the term "methadone treatment facility" shall mean "a facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons."

(e) 

As used in this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the premises where the proposed methadone treatment facility is to be conducted to the nearest property line of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

[Added 5-11-2004 by Ord. No. 1823]

E. 

Use restrictions. The following use restrictions shall be applicable in all I Industrial Districts:

(1) 

All uses or processes are forbidden that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse, noise, vibration or similar conditions. All uses, processes and activities shall be subject to the provisions of Article VII, Performance Standards.