City of Lower Burrell, PA Article V Business Districts

§ 300-39 Purpose.

To restrict the type of uses, to group or consolidate compatible commercial uses, and to avoid scattered or isolated commercial uses, this chapter designates specific commercial classifications and areas as follows:

A. C-1 Neighborhood. Small businesses to meet day-to-day needs for food and common household goods and services of nearby residents without adversely affecting residential properties. This may serve as a transitional district for property located on major streets or on the edge of residential neighborhoods. (See § 300-164.)

B. C-2 Community. Intermediate in size and function, to serve everyday needs of customers, providing a wider variety of goods and services than the neighborhood centers. This district permits limited retail establishments which normally occur within shopping centers.

C. C-3 General. Large or region-serving facilities with possible mix of commercial, governmental and cultural activities and generally highway oriented. This district also permits automobile service business.

§ 300-40 Enclosure. [1]

In Business Districts, the land and structures may be used and structures may be erected, altered, enlarged and maintained for the uses listed in this article. In the C-1 and C-2 Districts, each enterprise shall be conducted within an enclosed building unless otherwise specifically stated and shall conform to the performance standards of Article IX. All commercial structures must be serviced by public water and sewers or acceptable sewer or water systems approved by DEP and other reviewing bodies.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 300-41 Permitted uses.

(Including certain stated special exceptions. See Article XVIII and § 300-164.)

A. C-1, C-2 and C-3 Districts.

(1) Accessory uses. (See Articles XIII and XIV.)

(2) Barber shop or beauty shop.

(3) Catering establishment.

(4) Clothes pressing or minor clothes repair.

(5) Community garage or parking area. (See §§ 300-91, 300-124 and 300-151.)[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(6) Dog grooming.

(7) Dry-cleaning establishment.

(8) Essential services. (See §§ 300-88, 300-151, 300-155.)

(9) Farming. (See § 300-135.)[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(10) Financial institution or enterprise.

(11) General gardening.

(12) Hotel or boarding house, motel, motor inn or tourist court [see §§ 300-34, 300-43A(7)].[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(13) Laundry; agency, hand- or customer-operated.

(14) Meat markets, including groceries, fish and poultry, sales and minor dressing only. (See § 300-79.)

(15) Membership club without intoxicating beverages [see § 300-43A(7), 300-151].

(16) Museum. (See § 300-151.)

(17) Neighborhood shopping center. (See § 300-46.)[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(18) Nursery stocking and sales.

(19) Office, business.

(20) Office, professional (architect, doctor, dentistry or medicine, optician, engineer, lawyer and minister or priest).

(21) Restaurant without bar and entertainment. Outdoor patio eating area permitted, provided such is not detrimental to the area as determined by the Board.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(22) Retail store (convenience and nonmanufacturing), beverages, books, confections, drugs, gifts, groceries, novelties, notions, periodicals, tobacco and sporting goods. Sales and service of electrical appliances including, but not limited to, radios, television and phonographs, and auto parts.

(23) Retail specialty building supply sales (regional in nature).

(24) Personal services.

(25) School, business.

(26) Shoe repair.

(27) Tree growing.

(28) Single-family residence [see § 300-42A(1), Special exception uses].[6]

[6] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. C-2 and C-3 Districts (including certain special exceptions; see Article XVIII and § 300-164).

(1) Amusement enterprises. (See §§ 300-76, 300-81, 300-152 and 300-153), including pitch and putt, pool hall, bowling alley, trampolines and sales of same.)

(2) Animal hospital. (See § 300-84.)

(3) Auditorium. (See § 300-151.)[7]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(4) New automobile, boat, motorcycle, snowmobile, trailer sales and service; including sales of used vehicles in connection with sales of new vehicles only. No repair work to be performed on vehicles outside of enclosed buildings. (See §§ 300-44A, 300-76, and 300-81.)[8]

[8] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5) Beverage distributors, both wholesale and retail.

(6) Business services.

(7) Clinic, dental or medical.

(8) Convenience food market (community oriented).

(9) Funeral homes. (See § 300-33C.)

(10) General photography.

(11) Laboratory, dental or medical.

(12) Membership club with intoxicating beverages.

(13) Printer's shop.

(14) Recreation, commercial or private clubs, including outdoor tennis courts. All outdoor activities subject to Zoning Hearing Board approval.

(15) Restaurant with or without bar and entertainment. (See § 300-79B.)

(16) Retail store (nonmanufacturing), appliances (minor), flowers, hardware, sporting goods, tailoring, variety stores, wearing apparel, pet sales and supplies.

(17) Repair shop, appliances.

(18) Studio (broadcasting, music, dance and art.)

(19) Theaters.

C. C-3 Districts (including certain special exceptions; see Article XVIII and § 300-164.)

(1) Automobile, car washes and repair shops, provided such are not detrimental to the area as determined by the Board. (See § 300-44B.)

(2) Farm hardware and equipment sales.

(3) Feed stores.

(4) Laboratory, research. (See § 300-83.)

(5) School, vocational.

§ 300-42 Special exception uses.

[Amended 10-13-1997 by Ord. No. 9-1997]

(See also Article XVIII.)

A. C-1, C-2 and C-3 Districts.

(1) Dwelling, one- or two-family may be in the same building with a permitted commercial use when owner and/or renter occupied, or in an accessory building if area and height and other requirements are met. Multifamily housing shall comply with the yard requirements for an R-3 District and the minimum lot area per family established in § 300-32. Any multifamily dwelling in a C-3 District shall be within 100 feet of an R-2 or R-3 District or existing multifamily dwelling. (See §§ 300-97 and 300-136.)

(2) Educational, philanthropic or religious institutions. (See §§ 300-47, 300-151.)[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(3) Government. (See § 300-151.)

(4) Health care centers, clinic, including counseling. (See Article VII and § 300-164.)

(5) Ice sales and storage (not more than five tons) may be an accessory use if placed against the main building and ice sale signs are only on sales unit or immediately adjacent wall.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(6) Land development projects, high-rise only. (See § 300-154.)

(7) Light manufacturing including sales and indoor display; manufacturing, repair and assembling (in building where made) of small electrical or mechanical machines and appliances; small musical and precision instruments; watches, toys and novelties; rubber and metal hand stamps; metal products of a light nature, including heating and ventilating ducts, cornices, eaves and the like; and also including plumbing, heating or electrical contracting businesses. Light manufacturing shall comply, at a minimum, with the lot, yard and land coverage requirements of an M-1 District. Light manufacturing in a C-1 or C-2 District shall not occupy over 50% of the ground floor area. (See § 300-164.)

(8) Limited enlargement of a nonconforming use. (See § 300-147.)

(9) Multifamily, high-rise apartment, single structure for either subsidized or conventional rental, sale or ownership, may be permitted as a special exception according to § 300-154.

(10) Public utility corporation buildings, structures, facilities and installations. (See § 300-155.)

(11) Public utility towers. (See § 300-156.)

(12) Telephone booth may be an accessory use if placed against the main building and signs are only on unit or immediately adjacent wall.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(13) Microbreweries, wineries and microdistilleries are permitted as special exception uses in the C commercial (C-1, C-2, and C-3) zoning districts subject to Pennsylvania Liquor Control Board (PLCB) requirements. Additionally, microbreweries, wineries, and microdistilleries shall be set back 200 feet from other PLCB licensees and 300 feet from schools, public playgrounds, churches, religious institutions, hospitals and charitable institutions.

[Added 4-11-2016 by Ord. No. 1-2016]

B. C-2 and C-3 Districts.

(1) Drive-in business excluding gasoline service stations and drive-in theaters. (See § 300-74.)[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Indoor recreation. (See § 300-159.)

C. C-1 and C-2 Districts.

(1) Unit group building development (neighborhood shopping center).

(a) Uses are those that are otherwise allowed in the C-1 or C-2 Districts.

(b) The area and height requirements shall be met. (See § 300-43A and B for C-1 District, see § 300-43A and C for C-2 District.)

(c) Off-street parking requirements shall be met.

(2) Minor automobile repair (permitted in C-2 areas as a special exception; permitted in C-1 areas that are adjacent to C-2 and C-3 areas as a special exception) and car washes. (See § 300-44.)

[Added 4-8-2013 by Ord. No. 1-2013[5]]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. C-2 Districts.

(1) Adult business.

E. C-3 Districts.

(1) Cultural centers. (See Article VII.)

(2) Unit group building development, regional shopping center. (See §§ 300-46, 300-111D and 300-164.)[6]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(3) Department or variety store of a state or nationwide chain.[7]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(4) Drive-in theaters. (See § 300-48.)

(5) Gasoline service station. (See §§ 300-44C, 300-91, 300-94 and 300-164.)[8]

[8] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 300-43 Area and height requirements.

A. C-1, C-2 and C-3 areas. Each lot in the C Districts shall comply with the following minimum requirements (see §§ 300-129 through 300-137), except as otherwise provided (see § 300-128):

(1) Front yard depth for lawns and plantings shall be 15 feet. A concrete curb and four foot six inch concrete sidewalk shall, when and if required by Planning Commission, be required when fronting on a major street of any width. (See Illustration No. 8 of Appendix A and §§ 300-128B, E, H and 300-164.)

(2) Side yard width for lawn, plantings and sidewalk shall be 7 1/2 feet when not abutting a street; or, when abutting a street, not less in width than the required front yard depth, or shall also meet sidewalk requirements as above in Subsection A(1) hereof. (See §§ 300-128B and 300-129F.)

(3) Rear yard depth. Fifteen feet, when rear lot line abuts an R District; otherwise, none required (see §§ 300-128B and D and 300-129F); for through lot, see § 300-128C(2).

(4) All required yards shall be maintained in lawns and plantings and shall not be used for automobile parking.

(5) No structure shall be closer to another abutting district than the depth of front yard required in such abutting district, nor closer to a lot line abutting a street than is permitted in the district on the opposite side of the street, and in no case closer than 50 feet to a major street and 30 feet from a minor street. (See Illustration No. 7.)

(6) Lot width. Sixty feet minimum in C-1, 70 feet minimum in C-2 and 100 feet minimum in C-3.

(7) Lot area and yard requirements. Refer to R-3 District standards when a dwelling (one- or two-family) may be proposed in the same building with a permitted commercial use. (See § 300-42A.)

(8) Lot area for a hotel, boarding house with dwelling quarters. Two thousand square feet plus 3,000 square feet for each sleeping room in excess of four [see Subsection A(7) hereof].

(9) Lot area, C-3 only. Four acres desirable (see § 300-45) to 10 acres (see § 300-46), of which after development, not more than 20% shall have a gradient exceeding 5%.

B. C-1 heights. The maximum height of structures, except as otherwise provided (see Article XV), in the C-1 Districts shall be:

(1) Fifteen feet for each story not exceeding two stories in total height.

(2) Fifteen feet (not exceeding one story) for accessory structures.

C. C-2 and C-3 heights. The maximum height of structures, except as otherwise provided (see Article XV), shall be:

(1) Forty-five feet, not exceeding three stories, for main structures of a business use.

(2) Fifteen feet, not exceeding one story, for accessory structures.

(3) Exceptions. The height of a main building may be increased, provided:

(a) The building or increased height portion thereof is set back from the permitted building lines one foot for each four feet of building height over 45 feet, or 2 1/4 feet for each story over three, whichever results in the greater dimension.

(b) The cubical content of the building does not exceed the cubical content of a solid having a base equal to the buildable area of the lot and a height of 45 feet.

§ 300-44 Automobile sales; repair; service stations.

(See also Article XVIII.)

A. Automobile sales area. Automobile sales establishments, with all supplies, new and used car sales and incidental service, shall be permitted in C-2 and C-3 Districts, provided that any area not within a building which is used for the display of automobiles shall be paved and maintained for an all-weather, dust-free surface and shall be bordered by curbing or barrier. Where an automobile display area abuts a Residential or Conservancy District, it shall be bordered by a fence or hedge not less than four feet in height. All lights used to illuminate an automobile sales area shall be so arranged as to reflect the light away from adjoining properties and roadways. (See § 300-39.)

B. Automobile repair shops and car washes. An automobile repair shop or automobile (car) wash, self-service, coin-operated or non-self-service facilities shall be permitted in the C-3, M-1 and M-2 Districts and special exception in C-2 Districts, provided that use is located on a zoning lot complying with the yard and all other requirements of this chapter. The use shall be carried on completely within a building or within an enclosed storage area on the lot. There shall be no storage of dismantled, partially dismantled or parts of automobiles outside of a building or enclosed area. No automobile repair shop or car wash shall be located closer than 100 feet to any lot in a residential district. An automobile car wash shall not be permitted as an accessory use to a repair shop or gasoline service station unless the lot and building meet all yard and other requirements for both uses. See Subsection A hereof for regulations governing special exceptions for gasoline service stations.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Gasoline service stations in the C-3, M-1 and M-2 districts. The Board may permit the construction of a gasoline service station, provided the following requirements are met:

(1) Area requirements.

(a) Minimum lot size: 12,000 square feet.

(b) Minimum lot frontage: 120 feet.

(2) Required yards.

(a) Abutting a property in another district: 30 feet.

(b) Abutting a property line in the C-3 District: 15 feet.

(c) Abutting a street (front street): 15 feet.

(3) Compressed air connections and similar equipment may be located within a required yard abutting a street, but shall be located no closer than 50 feet from any R District, 25 feet from any right-of-way line or 25 feet from an adjacent property line. Pumps and islands shall be located at minimum of 25 feet from any right-of-way line. All other structures, excluding a fence, wall or landscape feature, shall be located within the buildable area of the lot.

(4) Hydraulic hoists, pits and all lubrication, greasing, automobile washing and repair equipment shall be entirely enclosed within a building.

(5) Driveway openings (curb cuts) for gasoline service stations shall be in accordance with the following:

(a) A driveway opening shall not exceed 35 feet in width and shall be paved with concrete. Positioning of all openings shall be such as to encourage one-way traffic through each opening. Medial barriers and turning lanes on abutting major streets shall be considered for installation at the landowner's expense to prevent traffic congestion or hazards.

(b) A driveway opening shall not be located within 25 feet of the intersection of curblines on a corner lot or within 15 feet of any adjoining property line.

(c) Any two driveways providing access to a single street shall be separated by an island with a minimum dimension 20 feet at both the right-of-way line and the curb or edge of the pavement.

(d) Entrances and exits must be approved by PennDOT if on a state highway.

(6) Gasoline pump islands shall be surrounded by 10 feet of concrete pavement; gasoline storage tank openings shall be surrounded by three feet of concrete pavement.

(7) The Zoning Hearing Board, in passing upon the request of approval, may consider the type of machinery and equipment to be used and the methods of operation employed and may require changes in relation to yards, location of pumps and buildings and construction of buildings as it may deem best suited to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties.

§ 300-45 Waiver of area requirements in C-3 Districts.

In the C-3 Districts, the Zoning Hearing Board may permit the erection or use of a structure for a use permitted in the district on a lot or parcel which does not meet the area standards established in § 300-43A(9), provided, that adjacent lots within the C-3 District have been developed for commercial uses on an individual basis and not according to the area and facilities standards established for neighborhood shopping centers. Area and height requirements for uses permitted under this section shall be the same as for all other uses in the C-3 Districts which are not located within a neighborhood or regional shopping center.

§ 300-46 Unit group building development (shopping center) in C-3 Districts.

(See also Article XVIII.) In a unit group building development in the C-3 Districts, the Zoning Hearing Board may permit the construction or use of buildings or unit group buildings, provided:

A. The required front yard, parking and access roadway are provided, and in addition, the depth of front and rear yards and the width of side yards, where abutting streets, shall be increased at the ratio of six inches per acre or portion thereof, provided no such yard exceeds a depth or width of 30 feet.

B. Additional parking areas are provided elsewhere on the lot in the ratio of one parking space per 200 square feet of building floor area in excess of the permitted floor area.

C. The required additional parking shall be accessible to a customer approaching from the highway and shall be constructed in accordance with the requirements of §§ 300-44C(5)(a).[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. There shall be submitted with the application a market analysis of the potential service area, prepared by an individual or an organization indicated by documentary evidence as qualified to make such an analysis. The analysis shall include data on population, income and buying habits of the people.

E. The use, an integral part of which is "planned," shall be a regional or neighborhood shopping center proposed by the landowner to be developed as a single entity for a number of businesses. The proposed structures shall not cover more than 30% of the total gross area of the site proposed for ultimate development.

F. The Planning Commission shall determine that the proposed use is related to its potential service area and is in keeping with principles of the adopted master plan.

§ 300-47 Educational institutions.

(See also Article XVIII.) An elementary or secondary school or institution of higher learning, public or private, nonprofit, may be permitted in any of the Commercial Districts in accordance with the regulations specified in this section:

A. The height of main buildings may be, but shall not exceed two stories or 30 feet, except that this height limitation may be exceeded if all required yard widths are increased by one foot for every foot by which a building exceeds 30 feet in height.

B. Minimum yard requirements shall be:

(1) Front yard depth: 30 feet.

(2) Side yard widths: 40 feet.

(3) Rear yard depth: 60 feet.

C. Building coverage shall not exceed 15% of the total lot area.

D. Playgrounds, play fields and other active recreation facilities shall not extend into required front or side yards or closer than 30 feet to a rear lot line; and no secondary school athletic facility involving spectators (except a gymnasium or auditorium completely enclosed within a building) shall be located closer than 200 feet from any residential property lines.

E. Fences or planted buffer strips shall be as provided in § 300-93 or as determined by the Planning Commission to be necessary for safety purposes or to minimize possible adverse influences upon abutting or adjacent property.

F. If students or teachers are to be housed on the site, the lot area devoted to housing shall be not less than prescribed for housing in conjunction with churches in § 300-151B.

G. Minimum distances between buildings shall not be less than prescribed in § 300-151C.

H. Adequate off-street parking as determined by the Board, but no less than one space per employee, shall be provided to accommodate vehicles of the maximum number of teachers, students and others using the premises at any one time, and adequate loading space shall be provided to permit off-street loading and unloading of students. (See §§ 300-91 and 300-92.)

I. See § 300-151 for other applicable provisions.

§ 300-48 Drive-in theaters in C-3 Districts.

A drive-in theater is permitted in the C-3 District, provided:

A. Off-street parking, in addition to patron spaces, be provided on site at a ratio of one space for every two employees. No other automobile parking facilities under the provisions of § 300-39 shall be required.

B. There shall be no structure other than an enclosure fence within 50 feet of any site boundary line, and the theater screen shall be located not less than 100 feet from any national or state highway, major or collector street or property in an R District, and not facing such highway or property unless the face of the screen is not visible because of natural or artificial barriers.

C. The height of the theater screen may be, but shall not exceed, a height of 100 feet.

D. There must be individual car sound speakers, but low-volume speakers may supply sound from refreshment stands and other service areas.

E. There may be accessory uses and structures incident to the theater operation such as refreshment stands and toilet facilities, provided they serve only the patrons within the theater enclosure.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. An overall site plan shall be presented for Planning Commission review and approval showing, in particular, the screening and buffering from adjacent properties directly affected by possible noise, lights or visual projections.

§ 300-49 Special consideration; traffic control, Leechburg Road commercial uses.

A. In addition to meeting all the applicable restrictions of the zoning district and the use requirements for permitted uses for sites fronting on or having direct access to and from Leechburg Road, the Planning Commission may recommend to Council that permission be refused for any use determined to overburden traffic flow because of poor, unsafe and congested ingress and egress or that a condition be unsafe because of the anticipated increase in traffic generated from the proposed use.

B. Certain uses, such as a car wash, fast-food eating establishment, commercial grocery store, etc., can be classified as high traffic generators and, therefore, can be an inordinate cause of traffic conflict.

C. If necessary, special traffic studies can be required by the Planning Commission and/or Council to aid in the review and approval process of proposed uses on Leechburg Road. Such studies shall be the responsibility of applicant.[1]

[1] Editor's Note: The Residential in C District (Special Exceptions Only) table, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).