[Ord. 736, 9/8/2008]
A.
For the purposes of this Chapter, Fountain Hill Borough is hereby
divided into the following zoning districts, with the following abbreviations:
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LD-R
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Low-Density Residential District
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MD-R
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Medium-Density Residential District
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MHD-R
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Medium-High-Density Residential District
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HD-R
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High-Density Residential District
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RO
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Residential Office District
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RC
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Residential Commercial District
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TC
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Town Center District
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GC
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General Commercial District
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I
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Industrial District
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INST
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Institutional District
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B.
For the purposes of this Chapter, the zoning districts named in § 301A
shall be of the number, size, shape and location shown on the Official
Zoning Map.[1] Any use of the abbreviations listed in § 301A
shall mean the district name that is listed beside the abbreviation.
[1]
Editor's Note: The Zoning Map is included at the end of this
Chapter.
C.
Overlay Districts. The Historic Districts, as defined in § 308, and the Flood Hazard District and Steep Slopes Areas, as defined by Part 5, shall serve as overlay districts to the applicable underlying districts.
D.
Purposes of Each District. In addition to the overall purposes and
objectives of this Chapter and the Comprehensive Plan, the purposes
of each zoning district are summarized below:
(1)
LD-R Low-Density Residential District: to provide the least-dense
residential living environment where careful site planning will preserve
natural features; to provide areas for single-family detached dwellings
on larger lots; to protect these areas from incompatible uses; and
to encourage owner-occupancy and neighborhood stability.
(2)
MD-R Medium-Density Residential District: to provide for medium-density
residential areas for single-family detached and twin dwelling units;
to protect these areas from incompatible uses; and to encourage owner-occupancy
and neighborhood stability.
(3)
MHD-R Medium-High-Density Residential District: to provide for
a variety of housing types from single-family homes to apartments
at medium-high densities; and to protect these areas from incompatible
uses.
(4)
HD-R High-Density Residential District: to provide opportunities
for high-density residential uses, including mid-rise and high-rise
apartments.
(5)
RO Residential/Office District: to provide for a variety of
residential uses at medium-high densities, and to provide for professional,
medical and similar offices, south of St. Luke's Hospital; and to
allow compatible types and patterns of land use.
(6)
RC Residential/Commercial District: to provide for a variety
of residential uses at medium-high densities, and compatible commercial
uses.
(7)
TC Town Center District: to provide for mixed uses, including
residential and public uses, and select commercial uses and businesses;
to promote pedestrian-friendly commercial activities; and to avoid
heavy auto-related commercial uses that are most likely to conflict
with nearby homes and the pedestrian orientation.
(8)
GC General Commercial District: to provide for a wider range
of commercial uses, including heavier commercial uses than are allowed
in the Town Center and Residential/Commercial Districts.
(9)
I Industrial District: to provide for industrial uses and select
commercial uses/businesses; and to carefully control the types of
industrial operations to avoid nuisances (such as excessive noise)
and hazards.
(10)
INST Institutional District: to provide for hospital, other
medically related and quasipublic uses.
[Ord. 736, 9/8/2008]
A.
The regulations set by this Chapter shall apply uniformly to each
class of uses or structures within each district, except as provided
for in this Chapter.
B.
No structure shall hereafter be erected, used, constructed, reconstructed,
demolished, razed, moved, placed, altered or occupied and no land
shall hereafter be used, developed or occupied unless it is in conformity
with the regulations herein specified for the use and district in
which it is located.
C.
No yard or lot existing at the time of passage of this Chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
Chapter shall meet at least the minimum requirements established by
this Chapter.
D.
Boundary Change. Any territory which may hereafter become part of
the Borough through annexation or a boundary adjustment shall be classified
as the LD-R Zoning District of Fountain Hill Borough until or unless
such territory is otherwise classified by the Borough Council.
[Ord. 736, 9/8/2008]
A.
A map entitled "Fountain Hill Borough Zoning Map" accompanies this
Chapter and is declared a part of this Chapter.[1] The Official Zoning Map, which should bear the adoption
date of this Chapter and the words "Official Zoning Map," shall be
retained in the Borough Building.
[1]
Editor's Note: The Zoning Map is included at the end of this
Chapter.
B.
Map Changes. Changes to the boundaries and districts of the Official
Zoning Map shall only be made in conformity with the amendment procedures
specified in the Municipalities Planning Code. All changes should
be noted by date, with a brief description of the nature of the change,
either on the map or within an appendix to this Chapter.
C.
Replacement Map. If the Official Zoning Map becomes damaged, destroyed,
lost or difficult to interpret because of changes and additions, or
needs to have drafting errors or omissions corrected, the Borough
Council may, by resolution, adopt a new copy of the Official Zoning
Map, which shall supersede the prior Official Zoning Map. Unless the
prior Official Zoning Map has been lost or has been totally destroyed,
the prior map or any remaining parts shall be preserved, together
with all available records pertaining to its previous adoption or
amendment.
[Ord. 736, 9/8/2008]
The following rules shall apply where uncertainty exists as
to boundaries of any district as shown on the Zoning Map:
A.
District boundary lines are intended to follow or be parallel to
the center line of street rights-of-way, creeks, railroads and lot
lines (according to official county records) as they existed at the
time of the adoption of this Chapter, unless such district boundary
lines are fixed by dimensions as shown on the Official Zoning Map.
B.
Where a district boundary is not fixed by dimensions and where it
approximately follows lot lines, such boundary shall be construed
to follow such lot lines, unless specifically shown otherwise.
C.
The location of a district boundary that divides a lot shall be determined
by the use of the scale appearing on the Zoning Map, unless indicated
otherwise by dimensions.
D.
Where a municipal boundary divides a lot, the minimum lot area shall
be regulated by the municipality in which the principal use(s) is(are)
located, unless otherwise provided by applicable case law. The land
area within each municipality shall be regulated by the use regulations
and other applicable regulations of each municipality.
[Ord. 736, 9/8/2008]
A.
Intent: to continue the objective of compatible land uses across
municipal boundaries.
B.
This Chapter requires additional setbacks and the provision of buffer
yards when certain uses would abut an existing dwelling or a residential
zoning district. These same additional setback and buffer yard provisions
shall be provided by uses proposed within Fountain Hill Borough regardless
of whether such abutting existing dwelling or primarily residential
zoning district is located in an abutting municipality and/or in Fountain
Hill.
[Ord. 736, 9/8/2008]
A.
For the purposes of this § 306, the following abbreviations
shall have the following meanings:
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P
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=
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Permitted-by-right use (zoning decision by Zoning Officer).
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SE
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=
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Special exception use (zoning decision by Zoning Hearing Board).
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N
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=
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Not permitted.
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[§ 402]
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=
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See additional requirements in § 402.
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[§ 403]
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=
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See additional requirements in § 403.
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B.
Unless otherwise provided by law or specifically stated in this Chapter
(including § 105B), any land or structure shall only be
used or occupied for a use specifically listed in this Chapter as
allowed in the zoning district where the land or structure is located.
Any use shall only be permitted if it complies with all other requirements
of this Chapter.
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This table is divided into two sections:
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1.
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Primarily Residential Districts; and
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2.
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Primarily Mixed-Use and Nonresidential Districts.
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See § 105B, which generally provides a process for
approval of a use that is not listed based upon similarity to permitted
uses and other criteria. Except as provided in such § 105B,
any other principal use that is not specifically listed as "P" or
"SE" in the applicable district in this table is prohibited in that
district.
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For temporary uses, see § 103.
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C.
Permitted Accessory Uses in All Districts. An accessory use of a
dwelling is only permitted if such use is customarily incidental to
the residential use and is specifically permitted by this Chapter.
The following are permitted by right as accessory uses to a lawful
principal use in all districts, within the requirements of § 403
and all other requirements of this Chapter:
(1)
Standard antennas, including antennas used by contractors to
communicate with their own vehicles.*
(2)
Fence* or wall.*
(3)
Garage, household.
(4)
Garage sale.*
(5)
Pets, keeping of.*
(6)
Parking or loading, off-street, only to serve a use that is
permitted in that district.
(7)
Recreational facilities, limited to use by residents of a development
and their occasional invited guests.
(8)
Residential accessory structure (see definition in Part 2).*
(9)
Signs, as permitted by Part 7.
(10)
Swimming pool, household.*
(11)
Wind turbine.*
(12)
Such other accessory use or structure that the applicant proves
to the satisfaction of the Zoning Officer is clearly customary and
incidental to a permitted-by-right, special exception or conditional
principal use.
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*
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NOTE: See standard for each in § 403.
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D.
Permitted Accessory Uses to Business and Institutional Uses. The
following are permitted-by-right accessory uses only to a lawful principal
commercial, industrial or institutional use, provided that all requirements
of this Chapter are met:
[1]
Editor's Note: The Table of Permitted Uses by District, Parts
1 and 2, is included at the end of this Chapter.
[Ord. 736, 9/8/2008]
A.
The following area, yard and building requirements shall apply for
the specified zoning district, unless a more-restrictive requirement
for a specific use is required by § 402 or 403 or another
section of this Chapter. All measurements shall be in feet, unless
otherwise stated. See definitions of terms (such as "lot width") in
§ 202.[1]
[1]
Editor's Note: The Table of Dimensional Requirements in Each
District is included at the end of this Chapter.
B.
Height. The following height provisions shall apply, unless specifically
stated otherwise for a specific use:
(1)
The maximum height for structures shall be three stories or
35 feet, whichever is more restrictive, except as follows:
(a)
Structures that are accessory to dwellings shall have a maximum
height of one story (with the top story limited to nonhabitable storage
areas) or 15 feet, whichever is more restrictive.
(b)
See also § 802, Height Exceptions.
(c)
Within the TC or GC District, a principal building shall have
a maximum height of 60 feet.
(d)
Within the HD-R District, a principal building may have a maximum
height of 75 feet.
(e)
Within the INST District, a principal building may have a maximum
height of 100 feet.
C.
Residential Accessory Structure Setbacks.
(1)
A three-foot-wide minimum side and rear yard setback shall apply
for a permitted detached structure that is accessory to a dwelling,
except:
(a)
In no case shall a vehicle garage be set back less than five
feet from the cartway of an alley.
(b)
Structures shall not obstruct minimum sight clearance at intersections.
(c)
No setback is required for a structure that is accessory to
a dwelling from a lot line along which two dwellings are attached
(such as a lot line shared by twin dwellings).
(2)
A residential porch or deck that is open along sides not attached
to the principal building may extend into a required side or rear
building setback. See Note E in § 307A above concerning
front yard setbacks. However, if a deck or porch is covered by a roof
or is raised an average of more than five feet above the ground level,
then the deck or porch shall meet the minimum side yard and shall
be set back a minimum of 15 feet from a rear lot line. A setback is
not required where two buildings are attached to each other along
a lot line. Space under an unenclosed porch may be used for household
storage.
(3)
See § 403 for swimming pools. See § 403
for fences and walls.
[Ord. 736, 9/8/2008]
A.
Purposes. In addition to serving the overall purposes of this Chapter,
this Section is intended to:
(1)
Promote the retention of community character through preservation
of the local heritage by recognition and protection of historic and
architectural resources;
(2)
Establish a clear process to review and approve demolition of
historic buildings;
(3)
Encourage continued use, appropriate rehabilitation and adaptive
reuse of historic buildings;
(4)
Implement Sections 603(b), 603(g), 604(1) and 605(2) of the
Pennsylvania Municipalities Planning Code, which address protecting
and facilitating the preservation of historic values through zoning
and using zoning to regulate uses and structures at or near places
having unique historic, architectural or patriotic interest or value;
(5)
Strengthen the local economy by promoting heritage tourism,
improving property values and increasing investment in older buildings;
(6)
Utilize the traditional neighborhood development provisions
of the Pennsylvania Municipalities Planning Code; and
(7)
Carry out recommendations of the Borough Comprehensive Plan,
including recommendations to preserve historic buildings and community
character.
B.
Applicability.
(1)
This § 308 shall apply to any principal building and
structure within the H Historic Overlay Districts A, B and C, as shown
on the Zoning Map, as revised. This § 308 shall not apply
to a building or a building addition within the H Historic Overlay
Districts built after 1936, as determined by the Zoning Officer. The
applicant may provide documentation to the Zoning Officer that a building
was built after 1936. All other structures and buildings in the H
Historic Overlay Districts built before 1936 shall comply with the
provisions of this § 308.
(2)
For a building regulated by this § 308, all of the
provisions of the applicable underlying zoning districts shall also
continue to apply, in addition to the provisions of § 308.
In the event there is a direct conflict between the provisions of
this § 308 and the underlying zoning districts, the provision
that is most restrictive upon development, demolition, and uses shall
apply.
C.
General Provisions.
(1)
Any demolition of a building regulated by this § 308
shall only occur in compliance with this § 308.
(2)
The H Historic Overlay Districts A, B and C may be revised by
the Borough Council as a Zoning Ordinance amendment.
(3)
DEMOLITION
MAINTENANCE AND REPAIR
STREETSCAPE
Definitions. In addition to the definitions provided in other
sections of this Chapter, the following terms shall have the following
meanings for the purposes of this § 308:
The complete dismantling, tearing down, removal or razing
of the exterior of a building. This term shall not include renovations,
repairs or improvements to the building, unless such changes alter
the structural integrity of the building.
Work that does not alter the appearance or harm the stability
of exterior features of a building.
The overall appearance of a block along a public street,
including yards visible from a public street, the relationship of
building setbacks and the consistency of architectural styles or features.
D.
Demolition of Buildings Regulated by § 308.
(1)
The Zoning Hearing Board shall approve by special exception
use all demolitions of buildings regulated by this § 308.
A building regulated by this § 308 shall not be demolished
unless the applicant is able to show by credible evidence to the satisfaction
of the Zoning Hearing Board that one or more of the following conditions
exist:
(a)
The existing building cannot feasibly and reasonably be reused,
and that such situation is not the result of intentional neglect or
demolition by neglect by the owner;
(b)
The denial of the demolition would result in unreasonable economic
hardship to the owner, and the hardship was not self-created;
(c)
The demolition is necessary to allow a project to occur that
will have substantial, special and unusual public benefit that would
greatly outweigh the loss of the building regulated by this § 308,
and the project needs to occur at this location. For example, a demolition
may be needed for a necessary expansion of an existing municipal building
or to allow a street improvement that is necessary to alleviate a
public safety hazard; or
(d)
The existing building has no historical or architectural significance
and the demolition will not adversely impact upon the streetscape.
To meet this condition, the applicant may present information concerning
the proposed design of any replacement building or use to show that
the proposed building or use will result in a net improvement to the
streetscape.
(2)
For approval of a demolition, the standards of this § 308 shall apply in place of the special exception use standards of Part 6. In reviewing the application, the Zoning Hearing Board shall consider the following:
(3)
An application for demolition of a building regulated by this
§ 308 shall not be approved unless all of the requirements
of this § 308 have been met.
(4)
A complete application for the demolition shall be submitted
by the applicant, in writing, to the Zoning Officer. The application
shall include the following:
(a)
The name, address and daytime telephone number of the owner
of record and the applicant for the demolition.
(b)
Recent exterior photographs of the building proposed for demolition.
If the applicant is alleging that the building cannot be reused or
rehabilitated, then interior photos and floor plans shall be provided
as needed to support the applicant's claim.
(c)
A site plan, drawn to scale, showing existing buildings and
the proposed demolition.
(d)
A written statement of the reasons for the demolition.
(e)
The proposed use of the site and a proposed timeline for development
of that proposed use.
(5)
Procedures. The Zoning Officer shall forward the application
for the demolition to the Zoning Hearing Board for consideration as
a special exception use. The Zoning Hearing Board shall schedule a
hearing in accordance with § 112. The applicant shall be
informed of meeting dates of when and where the application is intended
to be discussed and encouraged to be present to discuss the proposed
demolition.
(6)
Evidence. The applicant shall provide sufficient credible evidence
to justify any claims that a building cannot feasibly be repaired
or reused. The following types of expert testimony and documentation
are encouraged to be provided: a property appraisal, income and expense
statements for the property, a written estimate of the costs of rehabilitation
by a qualified contractor, a written report from a professional engineer
regarding the structural soundness of the building, testimony concerning
efforts to market the property over time, information regarding the
applicant's purchase price of the building, and similar relevant information.
(7)
Self-Created Conditions. The conditions that justify the proposed
demolition of a building regulated by this § 308 shall not
have been self-created by the applicant. These conditions include
but are not limited to:
(8)
The Zoning Officer may require that any unoccupied building
shall be properly sealed and secured to prevent decay from the elements
and vandalism.
(9)
Emergency. The Zoning Officer may issue a permit for the demolition
of a building without compliance with this § 308 if the
Building Inspector certifies, in writing, that the building represents
a clear and immediate hazard to public safety and that no other reasonable
alternatives exist to demolition.
(10)
Exceptions. Special exception use approval shall not be required
for the following:
(a)
Demolition of accessory buildings or structures.
(b)
Interior renovations or removal of features (such as a rear
porch) that do not harm the structural stability of the building and
that are not visible from a public street (not including an alley).
(c)
Relocation of a building within the Borough, provided that the
relocation does not result in demolition that is regulated by this
Section.
