The basic regulations governing the use of land and the size of lots, yards and buildings within each zoning district are established in this Article. For certain specific uses or exceptional situations, these basic regulations are supplemented by Article IV and by other provisions of this chapter.
A.
Regulations governing the use of land. Regulations
governing the use of land within the various zoning districts shall
be as set forth in Schedule I[1] and in § 236-13. Specific use requirements and required criteria for such uses are included in the following sections:
[1]
Editor's Note: Schedule I is included at the end of this chapter.
B.
Regulations governing the size of lots, yards and
buildings. Regulations governing the size of lots, yards and buildings
in the various zoning districts for permitted uses only shall be as
set forth in Schedule II.[2]
[2]
Editor's Note: Schedule II is included at the end of this chapter.
A.
Performance and environmental impacts. In no district
will a use be permitted or operated in such a manner so as to create
any dangerous, injurious, noxious or otherwise objectionable fire,
explosive, radioactivity, environmental or other hazard; noise or
vibration; smoke, dust, dirt or other form of air, solid waste or
water pollution; electrical, glare, traffic congestion or other disturbance
of a permanent or recurring nature which will adversely affect the
surrounding area or premises or be dangerous to public health and
safety. The City may determine compliance with this section based
on the following:
(1)
Data and information submitted with the zoning application.
(2)
Where such data and information is not sufficient
to reach a determination, the Zoning Officer may consider the proposed
use as a conditional use, subject to all requirements for conditional
uses as required herein, and may so notify the applicant within 10
days of the receipt of the zoning application.
(3)
The Council may also require detailed expert review
of all uses to determine compliance in accordance with established
standards or with regulations of applicable governmental agencies.
B.
Traffic impact requirements. All development projects
will be evaluated by the Zoning Officer to determine the level of
traffic impact on the City. This will apply to all new projects or
uses proposed or to any expansion of an existing development which
is proposed after the effective date of this chapter. The level of
traffic impact will be based on the estimated trip ends generated
by the proposed uses in the project. "Trip ends" are defined as the
total number of trips entering and leaving a specific land use or
uses located in a project per day. These trip ends will be based on
the estimated trip generation rates for various types of land uses
based on the latest edition of the publication entitled "Trip Generation,
An Information Report," published by the Institute of Transportation
Engineers. The total number of average daily trip ends shall also
mean average daily traffic (ADT). Schedule III,[1] entitled "Trip Ends Per Day," adapted from the above publication,
may be used for estimating the ADT generated by any proposed project
or addition to a project. In lieu thereof, the developer or the City
may use the above publication directly if it is considered to provide
a more applicable estimate of the trip ends per day for the specific
uses proposed. However, the Council shall make the final determination
or interpretation as to the specific uses in the publication which
are most comparable to the proposed use.
(1)
Determination of major traffic impact. Any development
which has an estimated ADT (or daily trip ends per day) in excess
of 1,000 shall be considered to have a major traffic impact.
(2)
Conditional uses. All major traffic impact projects
shall be considered to be conditional uses, as defined herein, even
if they are listed as permitted or special exception uses in Schedule
I,[2] and all procedures applicable to conditional uses shall
apply to zoning applications for such projects. If any project is
proposed after the date of adoption of this chapter which does not
have a major traffic impact, as defined herein, and a later or subsequent
addition to that project is proposed within 10 years of the initial
project, then the cumulative effect of all separate submissions shall
be used, regardless of any changes in ownership which may take place
over the time period under consideration. This shall apply to major
shopping centers, medical centers, apartment complexes, resorts, campgrounds,
planned cluster residential developments or any other use proposed
under this Zoning Chapter. The developer shall identify all subsequent
phases of a project at the time of submission of the initial phase.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
(3)
Phased projects. In the event that a project is to
be phased over a period of time, not exceeding 10 years, the total
traffic impact for the entire period of phasing shall be used in determining
the traffic impact.
(4)
Requirements for projects having a major traffic impact.
All projects which are determined to have a major traffic impact shall
comply with the following:
(b)
All such projects shall have direct access to
an arterial road or to a collector road in the City as identified
in the Comprehensive Plan. In lieu of such access, the developer shall
provide a project road which is capable of handling the level of traffic
to be generated and which is proposed for development by the developer
to collector or major road standards, as established by the City,
from the project site to the closest existing collector or arterial
road.
(5)
Major traffic impact study. A major traffic impact
study shall include at least the following:
(a)
All projects which have an estimated ADT exceeding
1,000 vehicles per day shall be required to submit a traffic impact
study prepared by a competent authority. The requirements for such
a study are set forth below.
[1]
Identification of all major roads and intersections
serving and substantially impacted by the project.
[2]
An analysis of how the proposed project users
or residents will use these major roads.
[3]
Existing traffic conditions (without the proposed
project), including traffic volumes (ADT) and peak-hour volumes on
the identified major roads, based on PennDOT information, surveys
and trip generation rates. (In addition, commercial projects shall
provide weekend traffic volume data at peak hours.)
[4]
Projected traffic conditions (without the project)
based on trends in growth of traffic for ADT and peak-hour volumes.
(In addition, commercial projects shall provide weekend traffic volume
data at peak hours.)
[5]
Estimates of traffic volumes (ADT), weekday
peak-hour volumes and weekend peak-hour volumes after development
of all stages of the project.
[6]
Calculations of highway and intersection traffic
capacities and levels of service for Subsection B(5)(c), (d) and (e)
above, as defined by the Highway Capacity Manual.
[7]
Identification of existing and projected traffic
problems on roads serving the project or substantially impacted by
the project, including highway capacity deficiencies for the various
roads and intersections involved.
[8]
Solutions proposed by the developer to alleviate
the identified problems and deficiencies and the proposed cost of
these improvements.
[9]
Identification and analysis of high-accident
areas located in proximity to the project, as identified by the City's
Engineer, and the effect which the proposed project will have on the
high accident areas and locations.
[10]
Certification of competent authority.
[a]
The competent authority responsible
for preparing the major traffic impact study shall certify to the
following:
[i]
That in the preparation of the
study, that the applicable Comprehensive Plan and any pertinent City
or other traffic or transportation plan or study, as identified by
the City, has been considered in the preparation of the major impact
study.
[ii]
That in the professional opinion
of the competent authority, the completed major traffic impact study
is a true and accurate study which has given adequate consideration
to available information and includes reasonable projections and analysis
to the factors considered and that the study represents the best opinion
of the competent authority on the traffic impact of the proposed development.
[iii]
That if it has not been possible
to fully analyze all relevant factors, then those factors not analyzed
shall be identified, together with the reasons for their exclusion
from the study.
[b]
The major traffic impact study
shall be reviewed by the Planning Commission and the Council in accordance
with the conditional use procedures established herein. The Planning
Commission and the Council may request additional data or information
to clarify the findings set forth in said study. The Council shall
not approve any such conditional use if it determines that any traffic
problem to be created by the proposed development cannot be adequately
alleviated by the developer.
(b)
The applicant or developer, as determined by
the City, will be responsible for the guarantee of payment for the
proportionate share of all traffic control devices or for the construction
of public facilities applicable to the proposed development, which
are required as a result of the traffic impact generated by the proposed
development project.
[1]
Editor's Note: Schedule III is included at the end of this chapter.
A.
Use classes established.
(1)
The following use classes are hereby established as
shown in Schedule I[1]. Where required, individual uses shall be subject to site plan review in accordance with the requirements of this Article and § 236-24.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(2)
Where a use is proposed which is not specifically listed in any specific use class or in § 236-25G, then the Zoning Hearing Board shall determine the use class subcategory (as defined herein) which is most similar to the proposed use, and said proposed use shall be subject to all of the requirements of said use class subcategory.
[Added 8-1-2022 by Ord.
No. 3-22]
A.
Purpose. Overlay district regulations are designed to achieve the
following community development objectives:
(1)
To promote economically sustainable development, unlock the
potential of historic land use patterns and buildings, and provide
the foundation for long-term private reinvestment.
(2)
To increase awareness of and capitalize on positive community
assets and the City's outstanding legacy of historic architecture,
engineering, and urban design.
(3)
To capitalize on the connection of the City's major street
corridors to the region's economy, outdoor recreation, and natural,
historic, and cultural assets.
(4)
To promote improvements to the public environment of the City's
busiest street corridors, including parks, recreational facilities,
streets, sidewalks, lighting, street furnishings, and signage.
(5)
To increase accessibility and use by and safety for pedestrians,
bicycles, and public transportation.
(6)
To increase efficiency and maximize utilization of land for
parking.
(7)
To promote high-quality design standards to reinforce the unity
and continuity of the built environment.
B.
Minimum requirements. Minimum requirements for the overlay districts
shall be as described relative to:
(1)
Building location.
(a)
Legislative intent.
[1]
Buildings are intended to be located in close proximity
to sidewalks, with parking located in the rear.
[2]
Traditional development in downtown New Kensington
Historic Overlay and the Design Overlay, along with new development
in the River Overlay are intended to form a continuous street wall
along all corridors.
[3]
Buildings are intended to be located across from
one another, so that the outdoor room character of the streetscape
is maintained.
[4]
Buildings within the Historic Overlay and the Design
Review Overlay shall be located adjacent to the sidewalk.
[5]
New buildings in all other districts shall be located
at the build-to line or in alignment with existing buildings on the
block.
[6]
Buildings shall be located to anchor street corners.
[7]
Unenclosed porches, stoops, and the like shall
be built and maintained as transitional elements from the principal
building to the streetscape.
(2)
Parking location.
(b)
Design standards (please refer to the City of New Kensington's
Design Guidelines).
[1]
On-street parking is intended to be maintained
to complement vehicular traffic flow.
[2]
On-street parking shall be provided and maintained
to the maximum extent possible.
[3]
Line-striped end lines seven feet from the curb
at twenty-two-foot intervals shall be provided for parallel on-street
parking.
[4]
Surface off-street parking lots shall be located
to the rear or side of a building, not in front of the building, and
not at street corners.
[5]
Off-street parking shall be accessed via alleys
wherever possible.
(3)
Parking lots and decks.
(b)
Design standards.
[1]
Existing off-street parking shall be screened with
hedges, walls, fences or other landscaping at least 30 inches in height
if located in front of or to the side of a building.
[2]
New parking shall be located behind or to the side
of buildings.
[3]
Parking decks shall be designed to continue the
existing street wall.
[4]
Parking decks should provide ground floor retail.
(4)
Building types.
(a)
Legislative intent.
[1]
Traditional development in the Historic Overlay
is intended to consist of diverse building types with smaller building
footprints and a mix of uses.
(b)
Design standards.
[1]
Vertically mixed uses with apartments or office
space above commercial uses should be provided in the Historic Overlay
and River Overlay Districts.
[2]
New buildings shall be designed to be generally
consistent with the height and scale of existing commercial, residential,
and mixed-use building types.
[3]
Diversified residential uses should be provided
to promote housing affordability.
[4]
Individual footprint buildings of 50,000 square
feet or greater shall not be built in the overlay district unless
liner shops are built and maintained as shown below.
(5)
Building heights.
(b)
Design standards.
[1]
The minimum height of any new building shall be
24 feet.
[2]
There is no maximum height of buildings in the
Historic District, but they should comply with the Design Review Guidelines.
[3]
The maximum building height for buildings outside
of the Historic District Overlay District shall be 48 feet in height,
unless otherwise specified. Where there is a conflict between this
standard and the standards for a specific permitted use, the standards
for the specific permitted use shall control.
[4]
No building shall be constructed to be more than
two stories taller in building height than the height of any nearby
buildings located on adjacent lots, except where additional building
height is authorized for a mixed-use building, extended height, by
special exception pursuant to the standards and criteria set forth
in of this chapter.
(9)
Fences, walls, and hedges.
(b)
Design standards.
[1]
Low walls, fences and/or hedges shall be placed
to form the street wall whenever buildings do not adjoin the sidewalk
or build-to line.
[2]
A thirty-inch-high wall, fence or hedge shall be
used at the build-to line to screen existing off-street parking located
in front of or to the side of a building.
[3]
Wall design shall be appropriate to the architectural
style of the building.
(10)
Signage.
(a)
Legislative intent.
[1]
The City intends to promote signs in scale with
pedestrian activity and for wayfinding.
(b)
Design standards.
[1]
Projecting signs shall be promoted as much as possible,
following sign standards for installation.
[2]
Simple, colorful wall signs should be used as an
attractive complement to the character of the City of New Kensington.
[3]
Freestanding signs shall be minimized to reduce
visual clutter.
[4]
Ground signs shall be installed instead of freestanding
signs outside of the Downtown Historic Overlay District, or projecting
signs and wall signs.
(11)
(12)
Streets and alleys.
(a)
Legislative intent.
[1]
The street and alley network is intended to be
maintained, enhanced and extended.
(b)
Design standards.
[1]
Existing streets and alleys shall be maintained.
[2]
A new street and alley network shall be created
that ties into the existing network whenever properties are developed
or redeveloped.
[3]
New street and alley widths shall be consistent
with existing street and alley widths.
[4]
New two-way alleys shall be at least 16 feet wide.
[Added 8-1-2022 by Ord.
No. 3-22]
A.
Alterations that can be seen from a public street, alley or other
public space are to be considered essential in determining the recommendations
to be presented to the City Council concerning the issuing of a certificate
of appropriateness for an application. In making its determinations,
the Commission shall consider the following matters:
(1)
The effect of the proposed change upon the general historic
and architectural nature of the district.
(2)
The effect of the proposed change upon the overall appearance
of the street on which it is located, including continuity of the
building line.
(3)
The following architectural features of the building and/or
site under consideration along with the compatibility with those of
neighboring buildings shall be taken into account:
(a)
Modifications to its architectural style that have been made
over time. In consultation with the applicant, a decision should be
made whether a return to its original style is appropriate or whether
style or characteristics that the building possessed at some later
period should be preferred.
(b)
Appropriate proportions in the height and width of facades and
of the doors and windows therein.
(c)
Rhythm of spacing of buildings on the street, including placement
of windows or doors on exposed side elevations, which helps to achieve
the appearance of an intact line of buildings and uniformity in their
relationship to the street.
(d)
Historic authenticity of entrance and/or porch projections and
rhythm of such elements on the street as a whole.
(e)
Compatibility of textures of building materials as combined
on the building and in relation to textures.
(f)
Historic authenticity and/or compatibility of architectural
details, including, but not limited to, siding, arches, balustrades,
brackets, cornices, cupolas, doors, ironwork, lintels, quoins, shutters,
storm windows, window design, etc., in relation to the structure under
consideration and to adjacent ones.
(g)
Compatibility of roof shapes on parts of the building under
consideration and in relation to neighboring buildings.
(h)
The importance of fences and walls to the cohesiveness of the
building line, and historic appropriateness of the materials from
which these are made, such as brick or stone walls, wrought-iron or
wooden picket or plank fencing. The function of fences and walls in
concealing parking spaces from street view may also be considered.
(i)
Location of air-conditioner, ventilation and heating systems
and broadcast reception devices, so as to be as inconspicuous as possible.
Applicants shall be encouraged to remove nonfunctional reception devices.
(j)
Scale of buildings and architectural detail as relate to human
size, bearing in mind that the streets of the Historic District were
developed at a time when walking was the primary means of moving about
and buildings were intended to be viewed from this perspective.
(k)
In addition, the Commission may offer advice on colors, paving
materials or living landscaping features, but approval may not be
denied on these grounds. Such advice might include discussion of historically
authentic paint colors along with compatibility of color combinations
on the building and in relation to colors of neighboring buildings
and placement of screening hedges or appropriateness of paving materials
with use of brick, or stamped concrete that looks like brick, for
public walkways and brick, cobblestone or flagstone for walkways within
yards and pebblestone for driveways and parking spaces encouraged
in preference to concrete or asphalt. Also, green initiatives for
parking lots should be encouraged to help with stormwater management.
Reference to the New Kensington Design Guidelines is always recommended.
(4)
The effect of the proposed change upon the future condition
of the building and possibility of restoration in the future.
(a)
The removal, alteration or covering of any historic material
or distinctive architectural features should be avoided when possible.
If any such items are removed, they shall be properly recorded and,
if possible, stored for future study or reuse. If historic material
is covered, precautions should be taken that such features not be
damaged.
(b)
Whenever possible, additions or alterations to buildings shall
be done in such a manner that if such additions or alterations were
to be removed in the future, the essential form and integrity of the
structure would be unimpaired.
(c)
The surface cleaning of masonry shall be undertaken with the
gentlest means possible. Sandblasting and other cleaning methods that
will damage the historic building materials shall not be undertaken.
When brick has been painted in the past, repainting rather than paint
removal shall be recommended.
(5)
Contemporary design for additions to existing buildings that
differentiate between old and new parts shall not be discouraged when
such additions do not destroy significant historic, architectural
or cultural material and such design is compatible with the size,
scale, color, material, aesthetics and character of the building.
B.
The height of any new buildings or structures shall not exceed the
height of the tallest adjacent building or structure by more than
10%. This requirement shall also apply to any proposed modifications
to existing buildings or structures. However, the Commission may recommend
grant of a variance from this height limitation where it determines
that an unnecessary hardship is caused thereby and that grant of the
recommended variance will not have an inappropriate effect on either
the building or structure involved or on the general historic and
architectural nature of the district, provided that if the building
or structure is constructed to a height taller than any adjacent building
or structure, no building or structure adjacent to it shall thereafter
be constructed to a still greater height without the grant of variance
as herein provided.
C.
Demolition.
(1)
Application requirements.
(a)
An individual or entity proposing to raze or demolish a building
in the Historic Overlay District shall first submit a written application,
in a form provided by the City, which shall contain the following
information:
[1]
The name, address and telephone number of the applicant
(and such information for the owner if not the applicant).
[2]
The address of the building to be razed or demolished.
[3]
The date and manner in which the current owner
acquired the property.
[4]
The proposed use of the property following the
proposed demolition of the building.
[5]
Photographs of the building or part thereof proposed
for demolition.
[6]
Photographic evidence and a written description
of the deteriorated condition of the building.
[7]
The reason or reasons for the proposed demolition.
[8]
An explanation as to why rehabilitation, reuse,
plan alteration, or stabilization with the intent to market and sell
the property is not feasible or desirable.
[9]
A statement on the proposed disposition of architectural
features/building materials.
(b)
The City Planning Department shall prepare a report to the Commission
that includes:
[1]
The maintenance of the building by the applicant/owner
since it was acquired;
[2]
Whether the applicant/owner has neglected maintenance
to destroy the building's historic integrity or its structural
integrity;
[3]
Whether the applicant/owner has removed architectural
fixtures from the exterior of the structure or otherwise damaged the
property; and
[4]
Any previous or current code enforcement citations.
(c)
An application involving demolition of a sensitive building,
as defined in this chapter, shall not be deemed complete or be considered
by the Commission unless the following information is also submitted
for review and consideration:
[1]
An appraisal report relative to the fair market
value of the subject property obtained by the applicant/owner for
the purpose of obtaining financing or for other purposes.
[2]
A report by a registered professional engineer,
with experience in structural engineering, setting forth an opinion
of the structural integrity of the building to be razed or demolished
and any other useful information. The payment of costs of such report
shall be the responsibility of the applicant/owner. The City shall
forward the report to an independent registered professional engineer
for review and recommendation to the Commission.
[3]
Two written cost proposals from qualified contractors
to determine both the cost of the repairs required to bring the building
into conformity with all applicable codes and the cost to demolish
the building.
[4]
A site plan, prepared by a registered design professional,
showing the property boundaries and the location of all buildings,
utilities, rights-of-way, easements, entrances, and/or exits on said
property as well as a site plan showing new structures, utilities,
rights-of-way, easements, entrances, and/or exits.
[5]
A list of bona fide offers for sale or lease of
said property and, if the property is for sale, a copy of the contract
listing the sales agreement.
[6]
At its discretion, the Commission may request that
a study be completed and a report of such study be prepared by an
architect or planner with a background in historical preservation.
The study shall address the relationship of the building proposed
to be demolished to the Historic Overlay District, as well as the
impact the demolition of the building and site development will have
on the immediate block or area where it is located. The cost and review
of such study shall be the responsibility of and shall be paid for
by the applicant/owner.
(2)
Criteria.
(a)
In making a recommendation to the City Council regarding the
issuance of a certificate of appropriateness where a permit is sought
for demolition of a building within the Historic Overlay District,
the Commission shall consider the following criteria:
[1]
Whether the building under consideration for demolition
contributes to the character of the Historic Overlay District or if
the building has significant historic character.
(b)
In requesting the issuance of a certificate of appropriateness
for demolition, the applicant/owner shall provide credible evidence
that the following conditions exist:
[1]
The existing building cannot feasibly and reasonably
be reused or is structurally unsound, and that its condition is not
the result of the intentional neglect or the demolition by neglect
by the applicant/owner.
[2]
The denial of the demolition would result in unreasonable
economic hardship to the owner, based on the following criteria:
[a]
The applicant/owner has demonstrated that the condition of the building constitutes a serious and immediate threat to the safety of the public or occupants that cannot be eliminated without repairs required to meet specified safety code standards, that would exceed 50% of the appraised value of the structure itself documented in Subsection C(1)(c)[1] and [3].
[b]
The applicant/owner has demonstrated that there would be no reasonable long-term economic benefit from the preservation of the building. In making a claim of unreasonable economic hardship in Subsection C(3), all potential uses for the building shall be thoroughly examined and addressed in the application. When a claim of unreasonable economic hardship is being made in reference to a proposed demolition pursuant to this section, the owner/applicant shall present evidence sufficient to prove that, as a result of denial of a demolition permit, the owner/applicant is unable to obtain a reasonable return or a reasonable beneficial use from the property. The owner/applicant of record shall submit by affidavit to the Commission all the information set in Subsection C(3). An assertion that the owner/applicant can achieve a greater economic return by demolishing the building or that the owner lacks adequate funds to pursue potential uses or adaptive reuses is considered to be insufficient to sustain a claim of unreasonable economic hardship.
[3]
The demolition is necessary to allow a project
to occur that will have substantial public benefit which outweighs
the loss of the building, and the proposed project must occur at that
specific site.
[4]
The demolition will result in a new building that
will be an improvement to the character of the Historic Overlay District,
considering the architectural design proposed for the new building.
[5]
The building proposed for demolition does not contribute
to the character of the Historic Overlay District.
(c)
When the Commission deems a proposed demolition undesirable,
it may recommend that the demolition be postponed for a period not
to exceed nine months for the consideration of the application by
the City Council. During this period, so as to render demolition unnecessary,
the Commission and City Planning Department shall make all reasonable
efforts in identifying alternatives to demolition or resolving problems
that resulted in the request for the proposed demolition.
(d)
In the case where the Commission recommends and the City Council
approves demolition of a building, a good-faith effort shall be made
by the owner/applicant to move the building to a nearby site. If moving
a building slated to be demolished is economically or practically
infeasible, best efforts shall be made to salvage architectural features
of the building for use within the City.
(3)
Unreasonable economic hardship.
(a)
When a claim of unreasonable economic hardship is made pursuant
to this section, the owner/applicant must present credible evidence
that, if the issuance of a certificate of appropriateness is denied,
the owner/applicant will be unable to obtain a reasonable return from
or a reasonable beneficial use of the property. The owner/applicant
shall submit by affidavit to the Commission the relevant information
outlined below, which shall include, but not be limited to, the following:
[1]
The date the property was acquired by its current
owner.
[2]
The price paid for the property (if acquired by
purchase) and a description of the relationship, if any, between the
buyer and seller of the property.
[3]
The form of ownership or operation of the property,
whether sole proprietorship, partnership, for-profit or nonprofit
corporation, limited liability company, limited partnership, joint
venture or other.
[4]
The mortgage history of the property, including
the current mortgage and the annual debt service, if any, for the
previous two years.
[5]
The current market value of the property.
[6]
The owner's equity in the property.
[7]
An income and expense statement for the current
year and for the past two years.
[8]
The capital expenditures made for the benefit of
the property during its ownership by the current owner.
[9]
Any appraisals of the property obtained within
the previous two years.
[10]
The income and property tax factors affecting
the property.
[11]
All studies commissioned by the applicant/owner
as to the profitable renovation, rehabilitation or utilization of
any structures or objects on the property for alternative use, or
a statement that none were obtained.
[12]
Estimate(s) of the cost of the proposed demolition
and estimate(s) of any additional cost(s) that would be incurred in
order to comply with the recommendations of the Commission for changes
or conditions necessary for the Commission's recommendation to
the City Council for the approval of a certificate of appropriateness.
(b)
The Commission may require that an applicant/owner furnish additional
information relevant to its determination of unreasonable economic
hardship.
(c)
Should the Commission determine that the present economic return
of the applicant/owner is not reasonable, it must consider whether
there are other uses currently allowed that would provide a reasonable
economic return and whether such a return could be obtained through
investment in the property for rehabilitation purposes. The Commission
may choose to recommend that special local, state or federal economic
and tax incentives be developed to assist the applicant/owner of the
property in maintaining it and obtaining a suitable economic return
or achieving a reasonable beneficial use.
(d)
The Commission may seek the assistance of appropriate local,
statewide or national preservation organizations and/or economic development
agencies for solutions or funding, which may relieve the economic
hardship of the applicant/owner. If the Commission chooses to explore
such options, the Commission may delay its recommendation for the
issuance of a certificate of appropriateness for demolition based
on economic hardship for a period of up to 90 days in addition to
any other applicable time periods for approval of the project.
(e)
Should the applicant/owner satisfy the Commission that an unreasonable
economic hardship will result if a certificate of appropriateness
is not approved for demolition, and should the Commission be unable
to develop with the City or appropriate local, statewide and national
preservation organizations and/or economic development agencies a
solution which can relieve the economic hardship of the applicant/owner,
the Commission shall recommend the approval and the issuance of a
certificate of appropriateness for demolition.
(4)
Issuance of certificate of appropriateness permit for demolition.
(a)
Prior to the issuance of any permit for the demolition of a
building or structure in the Historic Overlay District, the applicant/owner
shall have obtained all necessary approvals and permits associated
with the project, which shall include, but not be limited to, zoning
approvals or permits; subdivision and land development approval; any
Commonwealth of Pennsylvania approvals, to include, but not limited
to, Department of Transportation and Department of Labor and Industry
approvals; any New Kensington Municipal Authority approvals and the
issuance of water and sewer connection/disconnection permits; and
the issuance of building permits for the construction of new buildings.
(5)
Demolition by neglect.
(a)
All buildings within the Historic Overlay District shall be
maintained in good repair, structurally sound and reasonably protected
against decay and deterioration, pursuant to the City Property Maintenance
Code.[1] Examples of such deterioration include:
[1]
Deterioration of exterior walls and other vertical
supports.
[2]
Deterioration of roofs or other horizontal members.
[3]
Deterioration of exterior chimneys.
[4]
Deterioration or crumbling of exterior stucco or
mortar.
[5]
Ineffective waterproofing of exterior walls, roofs
or foundations, including broken windows or doors.
[6]
Deterioration of any feature so as to create a
hazardous condition that could lead to the claims that demolition
is necessary for the public safety.
(b)
Any unresolved notices of ordinance violations issued to the
property owner may be considered in a determination of demolition
by neglect.
D.
In cases where applications include substantial excavation under
or adjacent to an existing building or to an area of the lot previously
undisturbed, thus creating the potential to disturb or destroy archaeologically
important cultural resources, the Commission shall, where deemed necessary,
recommend to the City Council that the proposed excavation be postponed
for at least 30 days from the date of the City Council's decision.
During this period, the Commission or members of its staff may consult
with a State Historic Preservation Office (SPHO) qualified archaeologist
to advise and assist the Commission on an appropriate course of action
that will mitigate the potential damage to the archaeological resource.
In instances where the archaeological resource appears substantial,
the Commission may seek technical and financial assistance from the
Pennsylvania Historical and Museum Commission and/or other preservation
organizations to conduct a Phase I and/or Phase II archaeological
investigation of the site. In this instance, the Commission may recommend
to the City Council that the application be delayed for a period not
to exceed 75 days from the date of the City Council's decision.
If this is the case, the Commission will make every effort to work
closely with the applicant to minimize the inconvenience and delays
this may cause.
Uses listed as permitted uses in Schedule I[1] shall require no special action by the Zoning Hearing Board, the Planning Commission or the Council before a zoning permit is issued by the Zoning Officer, except where such uses are otherwise classified as special exceptions or conditional uses in accordance with § 236-12 or with other applicable sections of this chapter.
A.
Use Class 1, Open Spaces Uses: includes agriculture,
limited to crop farming and related agricultural processing but excluding
livestock and poultry farms, greenhouses, commercial forestry production
and forestry services, open land conservation uses, steep slope areas,
golf courses, nature preserves, fish and wildlife refuges, wetlands,
areas subject to flooding and limited outdoor recreation uses, including
lakes, fishing, golf courses, bird sanctuaries, trails, walkways,
hunting and fishing clubs and group or organized camps intended primarily
for use by participants and not as places for public assembly; and
similar low-intensity recreational uses, including any related structures
which comply with other applicable requirements and which do not exceed
5% of the total lot area up to a maximum of 10,000 square feet of
gross building area.
B.
Use Class 2, Single-family Residential: includes single-family
detached dwellings.
C.
Use Class 3, Two-family Residential: includes two-family
dwelling structures.
D.
Use Class 4, Family Care Residential: family care
facilities, as defined herein, which provide resident service in a
private residence to six or fewer individuals which are not related
to the resident household.
E.
Use Class 5, Local Commercial: includes the following
local commercial uses carried out in a completely enclosed building
not exceeding 5,000 square feet in area, except for off-street parking
and loading facilities as required herein, which are designed to primarily
serve the section of the City or neighborhood in which the use is
proposed and not the City or region as a whole. Such uses may include
commercial sales and service establishments of the following types,
except for drive-in establishments, which are normally incidental
to the daily requirements of domestic living in a suburban community,
such as:
(1)
Retail trade establishments, including hardware, general
merchandise and food establishments, including gifts, apparel and
clothing accessories, retail food, garden supplies, artist and hobby
supplies, drug, package liquor, florist and jewelry stores, appliances
and eating and drinking establishments.
(2)
Personal and household service establishments, including
laundering, dry cleaning, photography and video services, beauty and
barber shops, apparel and shoe repair, alteration and cleaning services,
repair of household appliances, pickup services and related accessory
facilities.
(3)
Professional services and offices, including medical,
legal, financial, insurance, real estate services, accounting and
other professional services.
(4)
Business services and offices, including advertising,
duplicating, mailing, stenographic, employment, building and home
repair, consumer credit, collection, contract construction and other
business services.
F.
Use Class 6, General Commercial: includes the following
general commercial uses which shall be carried on in a completely
enclosed building, except for off-street parking and loading facilities,
as required herein, and limited outdoor displays not occupying more
than 30% of the lot area, which are designed to serve the region as
a whole, and excluding shopping centers or malls or groups of separate
stores or establishments which exceed two in number, and also excluding
facilities where more than 60% of the gross floor space is to be used
for related warehousing facilities. Such use may include all of the
uses included in Use Class 5 above, except that such uses shall not
be limited to a building area of up to 5,000 square feet. Such uses
may also include the following additional general commercial uses.
(1)
Wholesale and retail trade establishments, including
supermarkets and grocery stores, food establishments of all types,
including fruits and vegetables, candy, nut and confectionary, bakeries,
dairy products and other food, greenhouses for the production of flowers
and plants at retail and the sale of lumber and other building materials;
hardware, plumbing, heating, ventilating and electrical equipment
and supplies; paint, glass and wallpaper and farm equipment.
(2)
General merchandise, including department and discount
stores, mail-order houses, variety stores, merchandise vending machine
sales, direct selling organizations, radio, television and video and
electronic sales and appliances of all types, clothing of all types,
custom tailoring, furriers and fur apparel, furniture, home furnishings
and equipment, music supplies, eating and drinking establishments,
drug and proprietary products, antiques, book and stationery stores,
sporting goods and equipment, farm and garden supplies, fuel and ice.
(3)
Personal and household service establishments of all
types, including laundering, dry cleaning and dyeing services, photographic,
video and electronic services and repair, beauty, barber and masseuse
services and apparel repair.
(4)
Hotels and motels, bed-and-breakfast and other similar
lodging accommodations.
(5)
Professional services and offices, including medical
services and medical office buildings, as defined herein, legal, financial,
insurance, real estate, accounting, engineering, architectural and
other professional services and including office buildings of all
types.
(6)
Business services and offices, including advertising,
consumer and mercantile credit reporting services, adjustment and
collection services, duplicating, printing, mailing and stenographic
services, news syndicate, employment services and off-street parking;
and warehousing and storage services not exceeding the limitation
included above.
(7)
Commercial indoor entertainment and recreation facilities
carried out in a completely enclosed building, except for off-street
parking and loading facilities, as required herein, which may include
skating rinks, swimming pools, tennis courts, racquetball, billiards,
exercise rooms and gyms, spas, indoor court games, bowling, theaters,
museums, clubhouses, nightclubs, art galleries and cultural establishments,
amusement game machines and other amusement machines, as defined herein.
Such indoor entertainment and recreation facilities shall conform
with the requirements of Schedule II,[2] except that such uses may be developed as a part of another
use permitted in the district in which the commercial indoor recreation
or entertainment facility is to be located.
[2]
Editor's Note: Schedule II is included at the end of this chapter.
G.
Use Class 7, Limited Industrial: includes the following
types of limited industrial uses of which at least 60% of the activity
shall be carried on in an enclosed building, except for off-street
parking and loading facilities and vehicle, boat, trailer and mobile
home sales areas. Limited industrial uses include:
(1)
The manufacture, fabrication, processing, assembly,
repair, testing, packing and storage of all types of products made
from previously prepared materials and also the processing of raw
materials.
(2)
Research facilities, laboratories and research centers
of all types.
(3)
Wholesale business, storage and warehousing establishments,
truck and freight terminals and delivery and distribution centers.
(4)
Wholesale produce and meat markets, mechanical and
equipment repair establishments, greenhouse facilities, dry cleaning
and dyeing plants, carpet and rug cleaning establishments, laundries
and sign painting, printing and engraving.
(5)
Automobile and vehicle sales, boat sales, mobile home
and trailer sales, auto service and repair, including major auto and
body shop repairs and vehicle washing establishments.
(6)
Offices related to any permitted use in this use class.
H.
Use Class 7a, Mixed Commercial/Light Industrial: includes
the following uses which shall be carried on within a completely enclosed
building except for off-street parking and loading facilities, as
required herein.
[Added 1-10-2005 by Ord. No. 10-04[3]]
(1)
Professional services and offices, including medical
services and medical office buildings, as defined herein, legal, financial,
insurance, real estate, accounting, engineering, architectural and
other professional services and including office buildings of all
types.
(2)
Business services and offices, including advertising,
consumer and mercantile credit reporting services, adjustment and
collection services, duplicating, printing, mailing and stenographic
services, news syndicate and employment services.
(3)
Commercial indoor entertainment and recreation facilities
carried out in a completely enclosed building, except for off-street
parking and loading facilities, including, but not limited to, skating
rinks, swimming pools, tennis courts, racquetball, exercise rooms
and gyms, spas, indoor court games, billiards, bowling, indoor court
games, theaters, museums, clubhouses, nightclubs, art galleries, amusement
game machines and other amusement machines, as defined herein.
(4)
The manufacture, fabrication, processing, assembly,
repair, testing and packing of all types of products made from previously
prepared materials.
(5)
The rental, sale, cleaning and servicing of business
uniforms and carpeting.
(6)
Research facilities, laboratories and research centers
of all types.
(7)
Accessory uses customarily subordinate to the principal
use of the lot or building located on the same lot and which serve
a purpose customarily incidental to the principal use of the building
or lot, including, but not limited to: indoor storage; warehousing,
provided it shall not exceed 25% of the gross floor area of the building;
private garages or parking areas; signs; off-street parking and loading;
and similar uses customarily incidental to other permitted uses, special
exception uses or conditional uses authorized in the district.[4]
(8)
Essential services for public utilities which conform
to the height regulations of the zoning district in which they are
proposed.
(9)
Eating
establishments, with or without drive-through, for which parking requirements
will be one space per 50 square feet of patron use plus one space
for each employee on the peak shift.
[Added 6-7-2011 by Ord. No. 3-11]
[3]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection H as Subsection I.
I.
Use Class 8, Customary Accessory Uses and Essential
Services: Includes uses customarily accessory to the principal use
of a lot and essential services provided by public utilities. Such
uses include the following:
(1)
Accessory uses which are customarily subordinate to
the principal use of a lot or a building located on the same lot and
which serve a purpose customarily incident to the use of the principal
building or lot within any district. Such uses include home gardening,
nurseries and greenhouses (not including outdoor storage of materials
and equipment), private garages or parking areas, signs, off-street
parking and loading, temporary tract offices, a single unoccupied
accessory travel trailer and buildings and other uses customarily
appurtenant to other permitted, special exception or conditional principal
uses which comply with minimum yard, area and other requirements of
this chapter.
(2)
No-impact home-based business, as defined herein,
provided the following requirements of the Pennsylvania Municipalities
Planning Code are met:
[Amended 9-11-2006 by Ord. No. 2-06]
(a)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other
than family members residing in the dwelling.
(c)
There shall be no display of retail goods and
no stockpiling of inventory of a substantial nature.
(d)
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
(e)
No on-site parking of commercially identified
vehicles shall be permitted.
(f)
The business activity shall not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
(g)
The business activity shall not generate any
solid waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
(h)
The business activity shall be conducted only
within the dwelling and shall not occupy more than 25% of the habitable
floor area of the dwelling.
(i)
The business shall not involve any illegal activity.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
A.
General requirements.
(1)
Uses listed as special exception uses in Schedule
I[1] shall require individual consideration in each case because
of their unique characteristics. Such special exception uses shall
be referred to the Planning Commission by the Board for review and
recommendation, and such uses may be permitted only upon authorization
by the Board, subject to certain conditions and safeguards as provided
in this section, and after a hearing.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(2)
All special exception uses shall conform with the requirements of § 236-12 and with other applicable sections of this chapter.
(3)
Such special exception uses which are authorized by
the Board shall be subject to any additional conditions and safeguards
established by the Board in each case which may be warranted by the
character of the areas in which such uses are proposed or by other
special factors and which are necessary to implement the purposes
and statement of the community development objectives set forth in
this chapter.
(4)
A special exception use shall not cause substantial
injury to the value of other property where it is to be located; shall
conform with regulations applicable to the district where located;
shall be compatible with adjoining development; shall provide adequate
landscaping and screening to protect adjoining areas; shall provide
off-street parking and loading so as to minimize interference with
traffic on the local streets; and any required or permitted signs
shall be compatible with adjoining development and such special exception
uses and shall not jeopardize the public health, safety, welfare and
convenience.
(5)
Such special exception uses shall be appropriate to
the character of the District and neighborhood in which they are proposed
and with the presence of other conforming uses located in the area
and also with the area which the uses will serve.
(6)
The applicant shall file a preliminary site plan in accordance with the requirements of § 236-24 prerequisite to filing an application with the Zoning Hearing Board for the use by special exception.
[Amended 9-11-2006 by Ord. No. 2-06]
(7)
Applications shall be submitted in writing on forms
provided by the City. The first public hearing shall be conducted
by the Zoning Hearing Board within 60 days of the filing of a complete
application, unless the applicant agrees in writing to an extension
of time. The hearings shall be pursuant to public notice. The property
which is the subject of the application shall be posted for at least
seven days prior to the date of the public hearing. In addition, written
notices shall be sent by the City by first class mail, to the owners
of property within 300 feet of the boundaries of the property which
is the subject of the application. The names and addresses of the
property owners within 300 feet of the site shall be provided by the
applicant as part of the application, utilizing the most recent tax
records in possession of the City.
[Added 9-11-2006 by Ord. No. 2-06]
(8)
Each subsequent hearing shall be held within 45 days
of the prior hearing, unless otherwise agreed to by the applicant
in writing or on the record. The applicant shall complete the presentation
of his case in chief within 100 days of the first hearing. Upon request
of the applicant, City Council shall assure that the applicant receives
at least seven hours of hearings within the 100 days, including the
first hearing. Persons opposed to the application shall complete the
presentation of their opposition to the application within 100 days
of the first hearing held after the completion of the applicant's
case in chief. And the applicant may, upon request, be granted additional
hearings to complete his case in chief provided the persons opposed
to the application are granted an equal number of hearings. Persons
opposed to the application may, upon written consent or consent on
the record by the applicant and the City, be granted additional hearings
to complete their opposition to the application provided the applicant
is granted an equal number of hearings for rebuttal.
[Added 9-11-2006 by Ord. No. 2-06]
(9)
The Zoning Hearing Board shall render a written decision
or make written findings within 45 days of the last hearing. Where
the application is contested or denied, the decision shall be accompanied
by findings of fact and conclusions based thereon. Conclusions based
on any provision of this chapter or any other applicable rule or regulation
shall contain a reference to the provision relied upon and the reasons
why the conclusion is deemed appropriate in light of the fact found.
Upon failure of the Zoning Hearing Board to commence the hearing,
complete the hearing or render the decision in accordance with the
time specified, the decision shall be deemed to have been rendered
in favor of the applicant unless the applicant agrees in writing or
on the record to an extension of time.
[Added 9-11-2006 by Ord. No. 2-06]
(10)
If approval of the use by special exception
is granted by the Zoning Hearing Board, the applicant shall submit
plans to the Planning Commission for final site plan approval. The
final site plan shall demonstrate compliance with any conditions attached
to the approval of the use by special exception.
[Added 9-11-2006 by Ord. No. 2-06]
B.
The following regulations shall apply to special exception
uses which are authorized by the Board.
(1)
Use Class 8a Home Occupation: A single home occupation
per residential dwelling unit in the R-1, R-2, R-3 and R-4 Districts
may be authorized as a special exception use, subject to the review
and decision of the Zoning Hearing Board, after public hearing, as
provided herein:
[Added 9-11-2006 by Ord. No. 2-06[2]]
(a)
In the R-1 District, the home occupation shall
be conducted only by one or more permanent residents of the dwelling.
(b)
In the R-2, R-3 and R-4 Districts, the home
occupation shall be conducted only by one or more permanent residents
of the dwelling and by not more than one nonresident employee. If
the applicant can prove, beyond a reasonable doubt, that the nature
of the home occupation and the traffic and clientele to be generated
shall remain relatively stable and shall not grow to a point where
it detracts from the residential character of the neighborhood or
exerts other adverse influences on the neighborhood, the Zoning Hearing
Board may consider a request to have two nonresident employees.
(c)
The home occupation shall be limited to occupations
which do not generate more than three customers, visitors or clientele,
in any one hour.
(d)
The home occupation shall comply with all other
legal requirements.
(e)
The home occupation shall not detract from the
residential character of the neighborhood or exhibit any influences
which are detrimental to the health, safety, welfare or morals of
the residents of the neighborhood.
(f)
The home occupation shall comply with the off-street
parking requirements of Schedule V.[3]
[3]
Editor's Note: Schedule V is included at the end of this chapter.
(g)
The home occupation shall not exhibit any external
characteristics or evidence of its presence, except that a sign not
exceeding one square foot in area shall be permitted in the R-2, R-3
and R-4 Districts.
(h)
All home occupations shall be located within
the principal residential structure or other approved accessory structure
such as a garage barn or residential storage building.
(i)
The home occupation shall be clearly incidental
and secondary to the use of the dwelling unit for residential purposes,
but shall not exceed 25% of the total usable floor area, excluding
attics and basement area, of the residential dwelling unit or of any
approved accessory structure.
(j)
An application for a home occupation shall include
the following information:
[1]
A complete description of the nature and operation
of the home occupation.
[2]
The type of use, product or service produced
or rendered.
[3]
The names of the resident or residents who will
operate the home occupation.
[4]
The number of additional employees or other
nonresident personnel, if any, to be utilized by the home occupation.
[5]
The portion of the residential dwelling or accessory
structure to be devoted to the use of the home occupation.
[6]
Any building or structural modifications, signs
or other physical changes required to the interior or exterior of
the structure.
[7]
The expected maximum number of customers, visitors
or clientele expected to be served by the home occupation during any
one hour and the number of hours and schedule of operations when the
home occupation shall be open to the public.
[8]
A description or plan indicating how compliance
will be achieved with off-street parking requirements.
[9]
A certification by the applicant that the home
occupation shall not detract from the residential character of the
neighborhood and that all of the facts submitted with the application
are true and correct, and an acknowledgement that any incorrect information
submitted shall be cause for the City to require cessation of the
home occupation.
[10]
A certification and written agreement by the
applicant that the home occupation will be discontinued if changes
occur in the character of the operation so that it no longer complies
with the requirements of this Zoning chapter.
[2]
Editor's Note: This ordinance also renumbered
former Subsections B(1) through B(8) as B(2) through B(9), respectively.
(2)
Use Class 9, Planned Cluster Residential: residential
uses of all types located on a tract of land at least five acres in
size which is planned for development in its entirety under single
ownership and control. Such a planned cluster residential may be permitted
by the Zoning Hearing Board for the purpose of encouraging a flexibility
of design which will result in an integrated site plan and development
which is designed to benefit the residents or occupants of such a
development and of the neighboring properties, and said development
shall comply with the following:
(a)
It shall consist of either single-family, two-family
or multiple-family dwellings or combinations thereof. Such dwellings
may be arranged in a conventional design pattern or in the form of
a cluster design pattern with permanent open space provided for the
use of all residents.
(b)
All such planned cluster residential developments
shall conform with the following building height, building coverage
and common open space requirements in the OS-1, R-2 and R-3 Zoning
Districts and shall not exceed the net project density set forth below:
|
OS-1
|
R-2
|
R-3
| ||
|---|---|---|---|---|
|
Maximum building height (feet)
|
50
|
35
|
35
| |
|
Maximum number of stories
|
4
|
3
|
3
| |
|
Maximum building coverage (percent)
|
40%
|
35%
|
40%
| |
|
Common open space (percent of overall tract
size)
|
30
|
25
|
25
| |
|
Usable for recreation (square feet per residential
unit)
|
250
|
250
|
250
| |
|
Maximum (not to exceed) net project density
(units per net residential acre)
|
18.0
|
14.0
|
18.0
|
(c)
All dwelling structures shall be planned and
designed with adequate yards, building layout and spacing and open
space to assure convenience, safety and privacy for residents and
for neighboring areas of the project.
(d)
Permanent common open space shall be provided
as required herein, and such open space shall be suitable for permanent
park, recreation and open space uses. At least 250 square feet per
dwelling unit of common open space shall be readily usable and developed
by the applicant with recreation facilities to serve the residents
of the project. The Board shall require permanent deed restrictions
and/or other suitable legal arrangements of the open space to ensure
its permanancy for the use and benefit of the residential occupants
of the area, as determined by the Board.
(e)
Such required common open space shall be conveniently
accessible so as to serve the development. The developer shall provide
assurances in a form suitable to the Board that adequate provisions
have been made for the permanent maintenance and preservation of such
permanent common open space proposed in the development.
[1]
Facilities serving development. The planned
cluster residential shall be designed to provide adequate facilities
to serve the development, including the following:
[a]
Recreation areas and buffers as
further required herein.
[b]
Adequate, safe, convenient and
permanently designed vehicular and pedestrian circulation facilities,
including roadways, driveways, adequate and safe turnaround areas,
off-street parking and loading, sidewalks, malls and landscaped areas
to serve the development.
[c]
Drainage facilities, including
curbs and/or gutters, and storm sewers adequate to handle stormwaters
and to prevent erosion and the formation of dust.
[d]
Public water and sewer facilities
and other required utilities with all new electric utility distribution
lines to be installed underground as required by the Public Utility
Commission order of July 8, 1970.
[e]
Appropriately designed landscaping
and trees.
[f]
Street name signs at all intersections
with public streets.
[g]
Street or roadway lights to adequately
illuminate the development.
[h]
Fire hydrants to ensure adequate
fire protection.
[2]
The Zoning Hearing Board may also require the
right-of-way of any public street abutting the proposed planned residential
cluster to be widened to adequately meet the traffic and circulation
requirements of the planned residential cluster and the adjoining
area. Such widened portion of any right-of-way shall be proposed for
dedication to the City in a form suitable to the City.
(f)
Off-street parking facilities shall be provided
as required herein.
(g)
Adequate buffer areas, developed with appropriate
landscaping and buffer fences, shall be provided to protect the development
from noise, traffic on abutting highways, light or other adverse influences
and also to adequately screen said development from adjoining residential
uses.
(h)
The orientation of buildings shall provide adequate
light, air and open space, and adequate yards, building layout and
spacing shall be provided and shall generally be designed to avoid
long rows or blocks which exceed 160 feet in length.
(i)
Existing trees shall be preserved wherever practicable
and development shall be programmed to avoid destruction of natural
amenities as determined by the Board.
(j)
Proposed development of the planned cluster
residential shall be designed to be harmonious with neighboring areas.
(k)
All proposed improvements are to be constructed
and installed in accordance with the requirements of the City of New
Kensington. The developer shall submit preliminary and final plans
to the Zoning Hearing Board for review. Such plans shall include all
necessary information required to determine compliance with these
requirements and shall include as a minimum: topography, location
of all proposed streets, parking, landscaping, recreation and building
areas and proposed utilities.
(l)
Prior to final approval of the planned cluster residential by the Zoning Hearing Board, the proposed site plan and improvements to be installed shall be reviewed, as required by § 236-24, for the purpose of determining compliance with these requirements.
(m)
Prior to the approval of any planned cluster
residential by the Zoning Hearing Board, the developer shall enter
into a legally binding development agreement with the City guaranteeing
the installation and, where applicable, the dedication of said improvements
in accordance with the requirements of the City.
(3)
Use Class 10, Multifamily Residential: includes multifamily
dwelling structures developed on a minimum lot area of at least 15,000
square feet. Such dwelling structures shall be served with adequate
public water, sewer and parking facilities, and adequate yard planting
and screening shall be provided to effectively screen off any adjoining
commercial uses and shall be designed to complement abutting commercial
uses and not to conflict with or bisect natural areas for commercial
development.
(a)
Such dwelling structures shall be planned and
developed with adequate yards, building layout and spacing and open
space and shall comply with the following:
|
Net Project Density
| ||||||
|---|---|---|---|---|---|---|
|
Type
|
Maximum Building Height
(stories)
|
Maximum Building Coverage
(percent)
|
R-3
|
R-4
|
C-1
C-2
|
C-3
|
|
Multifamily structures designed for use by all
age groups
|
3.0
|
45
|
14
|
18
|
16
|
18
|
|
Multifamily structures designed primarily for
elderly (aged 60 or over)
|
8.0
|
35
|
--
|
40
|
60
|
100
|
(b)
Any proposed development with 20 or more dwelling
units shall be provided with usable open space as follows:
[1]
Developments designed for all age groups shall
include suitably designed open space improved and maintained for use
as play areas for children and/or as outdoor recreation space for
residents in amounts not less than 250 square feet per dwelling unit.
[2]
Developments designed to primarily serve elderly
residents, age 60 years of age or over, shall include suitably designed
open space improved and maintained for use by residents in amounts
not less than 150 square feet per dwelling unit.
(c)
Such dwelling structures shall also comply with the requirements of Subsection B(2)(e) through (n) set forth for planned cluster residential in Use Class 9 above.
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(3.1)
|
Use Class 10A. The increase in the number of
dwelling units in existing residential structures located in zoning
districts where multifamily structures are otherwise permitted may
only be permitted by special exception in accordance with the following
requirements:
[Added 6-7-2004 by Ord. No. 4-04] | ||
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(a)
|
A minimum of two parking spaces per dwelling
unit must be continuously furnished. A dwelling unit may not be occupied
without the inclusion of the right of the occupants to use a designated
off-street parking area. Occupants may not waive their rights to off-street
parking. Any attempted waiver is invalid. Off-street parking areas
may not be sublet. Any attempted sublease in invalid.
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|
(b)
|
No special exception may be granted where the
resulting increase in dwelling units will render the lot size per
dwelling unit less than 2,600 square feet.
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|
(c)
|
All dwelling units must have an entrance connecting
from a common lobby or hall within the existing residential structure,
except where a unit has access by an exterior door, which existed
more than one year before the conversion, it may continue using said
exterior door instead of or in addition to the common entrance.
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|
(d)
|
Each dwelling unit designated as a unit for
occupancy must have a minimum of 800 square feet of interior living
floor space, excluding stairways and areas where the ceiling height
is six feet eight inches or less.
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(e)
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No dwelling unit may have all floors below ground
level on all sides.
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(f)
|
Site plans, property surveys and construction
drawings, both to scale and certified by a registered engineer or
registered architect, must be submitted to the Zoning Officer, Planning
Commission and the Zoning Hearing Board before they consider approving
the request. Any approval by the Zoning Hearing Board must have a
written statement that the Zoning Hearing Board found that the minimum
standards set forth in Subsection B(3.1)(a) through (e) in this Use
Class 10A have been satisfied.
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|
(g)
|
Any proposed conversion shall comply with applicable
City and county ordinances, state and federal laws (statutory and
decisional) and regulations and be so certified by the Zoning Officer
based on a personal inspection of the premises after receiving the
site plans, property surveys and construction drawings, both to scale
and certified by a registered engineer or registered architect, before
any hearing on the special exception by the Planning Commission or
the Zoning Hearing Board.
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(h)
|
Before any occupancy permit is granted, the
Zoning Officer must make a postcompletion inspection and verify that
the project was completed in conformity with the site plans, property
surveys and construction drawings, both to scale and certified by
a registered engineer or registered architect.
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(4)
Use Class 11, Group Care and Related Residential Uses:
includes group care facilities, as defined herein, and related residential
uses such as rooming houses, nursing homes and dormitories, as defined
herein, nurseries for the day care of young children, nonprofit social
halls, clubs and lodges and funeral homes. Such uses shall comply
with the following:
(a)
Except for a sign, there shall be no external
evidence of any gainful activity for such uses which are located in
a residential zone.
(b)
Any such use shall have sufficient parking to serve the anticipated number of users and employees, as specified in § 236-21, and shall have suitable street access without causing excessive traffic on local residential streets.
(c)
All such uses shall have a minimum lot size
of 10,000 square feet in the R-3 and R-4 Districts and 6,000 square
feet in the C-1, C-2 and C-3 Districts and shall conform to the minimum
yards, maximum building height and maximum building coverage regulations
specified in Schedule II[4] for single-family uses in the R-2 District.
[4]
Editor's Note: Schedule II is included at the end of this chapter.
(d)
All such uses must be fully registered with
and licensed by the City of New Kensington and with any other applicable
state agency, with information provided on their operation, availability
of professional personnel, physical facilities and other characteristics.
(5)
Use Class 12, Transitional Commercial: includes the
following transitional commercial uses which shall be reviewed by
the Board as special exception uses:
(b)
Such transitional commercial uses shall comply
with the minimum lot size, minimum yards, maximum building height
and maximum building coverage set forth in Schedule II[5] for single-family uses in the R-4 District.
[5]
Editor's Note: Schedule II is included at the end of this chapter.
(c)
The Board shall determine if the transitional nature of the use in an R-4 Zoning District shall have an adverse impact on adjoining or nearby residential uses and shall, if required by the nature of existing conditions, impose any additional yard restrictions or landscaping or buffer requirements to protect adjoining or nearby residential uses, as set forth in § 236-25A.
(6)
Use Class 13, Special Commercial: includes the following
special exception commercial uses, in the C-1, C-2 and C-3 Districts,
as set forth below:
(a)
In the C-1 District: includes all uses which
are set forth in Use Class 5, Local Commercial, and which are carried
out in a completely enclosed building not exceeding 5,000 square feet
in area, except for off-street parking and loading facilities as required
herein. Such uses shall be designed to primarily serve a section of
the City or neighborhood and not the entire City or the region as
a whole. Such special commercial uses in the C-1 District may also
include drive-in facilities for any of the uses listed under Use Class
5 above and, in addition, may include auto service stations, off-street
parking lots which are developed as a principal use and which are
not accessory to other commercial establishments and commercial entertainment
and recreational facilities such as a theater, auditorium, bowling
alley, exercise spa and gym, provided that all such uses do not detract
from the residential character of any surrounding residential neighborhood
or create excessive traffic or noise which will adversely affect residential
areas.
(b)
In the C-2 and C-3 Districts, proposed special
commercial uses may include all uses set forth in Use Class 6, General
Commercial. Such special commercial uses shall be subject to the same
restrictions as Use Class 6, except that all such uses may also be
located in shopping centers or malls containing groups of separate
stores or establishments which exceed two in number. Such special
commercial uses in the C-2 and C-3 Districts may also include properly
designed drive-in facilities for any of the uses listed above and,
in addition, may also include automobile sales and auto service stations
and vehicular repair garages, off-street parking lots and garage parking
facilities which are developed as principal uses and which are not
accessory to other commercial establishments, animal care facilities
and research facilities or laboratories. Such uses shall also include
limited industrial uses, located primarily above the ground floor
level, which consist of the manufacture, fabrication, processing,
assembly, repair, testing, packing and storage of products made from
previously prepared materials, of the type which do not require indoor
or outdoor storage facilities exceeding 25% of the total floor space
of the proposed establishment or parking and loading facilities which
detract from or adversely affect traffic patterns on commercial streets
or shoppers using commercial streets.
(c)
In the C-1, C-2 and C-3 Districts, such special
commercial uses shall be developed on a minimum lot area of at least
5,000 square feet and shall comply with the other requirements set
forth in Schedule II[6] for the C-1, C-2 and C-3 Zoning Districts, respectively,
in which the proposed use is to be located.
[6]
Editor's Note: Schedule II is included at the end of this chapter.
(7)
Use Class 14, Special Industrial: includes the following
special industrial uses:
(a)
Auto service stations and vehicular repair garages,
off-street parking lots and garage parking facilities which are developed
as principal uses and which are not accessory to other industrial
or commercial establishments, recycling operations and other similar
uses that require greater use of outdoor areas, except for contractor's
yards and heavy equipment rental, sales and service.
[Amended 1-10-2005 by Ord. No. 10-04]
[1]
At least 40% of the activity shall be carried
on in a completely enclosed building, except for off-street parking
and loading facilities.
[2]
All such uses shall be developed in conformance
with the minimum lot area, minimum lot size, yard, building height
and building coverage requirements for the I-1 and I-2 Uses set forth
in Schedule II.[7]
[7]
Editor's Note: Schedule II is included at the end of this chapter.
(b)
Solid waste disposal facilities are limited
to transfer stations and/or recycling facilities, compost areas and
other related facilities which conform to applicable solid waste management
plans approved by the City.
(c)
Junkyards, salvage and other recycling facilities,
as defined herein.
[1]
All such facilities shall be designed to protect adjacent properties and adjoining streets from adverse or objectionable influences and shall be further subject to provision of adequate buffers and to the screening requirements of § 236-25A, as determined by the Zoning Hearing Board after recommendation from the Planning Commission as required herein.
[2]
All such facilities shall be further subject
to all required approvals from applicable regulatory agencies, including
but not limited to the PADEP and the County Conversation District.
(8)
Use Class 15, Appropriate Public Uses: includes public
and quasi-public uses of a welfare, educational, religious, historic,
recreation, governmental and cultural nature and associated accessory
uses; radio and television transmission or receiving towers; and essential
public utilities that require enclosure within a building.
(a)
All proposals for such new public uses or for
additions or changes to existing public uses shall be submitted to
the Zoning Hearing Board, together with required plans, to provide
the Board with sufficient information to determine compliance with
the special exception provisions of this chapter.
(b)
An appropriate public use permitted by the Zoning
Hearing Board as a special exception shall be appropriate to the character
of the district and the neighborhood in which it is proposed and also
with the presence of other conforming uses located in the area and
also with the general area which the use will serve.
(c)
Such appropriate public uses shall have adequate access, shall provide off-street parking and loading as specified in § 236-21, shall provide necessary landscaping and screening to protect adjoining areas and shall have lot areas, yards and building coverage consistent with the character of the neighborhood and the district requirements in which they are proposed.
(9)
Use Class 15a, Bed-and-breakfast: a special exception
may be granted in any zoning district within the City in accordance
with the following required criteria:
[Added 11-13-2001 by Ord. No. 4-01]
(a)
The structure must have been built in 1947 or
prior thereto, except in the case of new construction, and must meet
all criteria herein and must be intended solely for use under this
use class.
(b)
The principal operator(s) must reside on the
site. The site must meet all fire, building and health requirements
applicable. Each guest room shall have a fire escape plan displayed.
Each site shall be subject to yearly inspections by the City and must
have and display an annual license, the fee for which shall be established
from time to time by City Council, which fee shall include the annual
inspection cost.
(c)
One parking space for each guest room and two
parking spaces for the principal operator(s) are required. On-street
parking abutting the subject lot(s), as well as off-street parking,
may be used to meet this requirement. On-street parking shall be limited
to allow parking spaces of 20 continuous feet in length per space.
On-street areas where parking is not permitted shall not qualify for
this requirement.
(d)
Each site shall have no more than 12 guest rooms,
each of which must be a minimum of 132 square feet. The floor for
each guest room shall be above ground level. Guest rooms may be occupied
by no more than two adults and no more than two minor children. No
kitchen facilities are permitted in guest rooms and no less than one
full bathroom for every two guest rooms, plus one common restroom
on the main floor, are required. No more than 25% of the first-floor
area can be devoted to guest rooms.
(e)
Each site must maintain a guest registry showing
each adult guest's name and address and the date and time of check-in
and check-out. Rental for each guest room shall be no less than 24
hours and may not be for more than 14 consecutive days. Breakfast
shall be offered to each overnight guest but may only be served between
6 a.m. and 12:00 noon.
(f)
Each site may have one sign identify this use,
which sign shall be no larger than eight square feet. The sign shall
have no illuminated lettering, numbering or design but may be cast
in white, electric or gas light. In the event of a freestanding sign
it may have lettering on both sides. The sign must be consistent with
the architectural style of the neighborhood and the principal structure
of the subject site.
(g)
Plans required.
[1]
Prior to any public meeting or public hearing
on a request pursuant to this use class, the following shall be required:
[a]
Notice of the proposed use shall
be given to all property owners whose property is within 250 feet
of the subject site;
[b]
Site plans must be submitted showing,
at a minimum, all structures, existing and proposed, fencing, parking
layout and/or availability, proposed sign, exterior lighting and landscaping;
[c]
Architectural plans must be submitted
showing, at a minimum, floor plans, elevation plans, paint, trim,
materials and architectural details which shall indicate consistency
with the period when the building was first constructed;
[d]
In the event of new construction,
the design must reflect an appropriate design professional.
[2]
Each of the above required plans must be sealed
by an appropriate design professional.
(h)
After a special exception permit is issued under
this use class, prior approval from the Planning Commission must be
obtained for any structural alterations or additions to the original
plans, which must be aesthetically and architecturally consistent
with the originally approved plans. Such a request must be accompanied
by appropriate site and/or architectural plans.
(i)
Further, the special exception permit shall
lapse if a previously approved site is not used as a bed-and-breakfast
for 12 consecutive months, after which, if reuse is requested, a new
application must be made in accordance with the above criteria.
A.
General requirements.
(1)
Uses listed as conditional uses in Schedule I[1] shall require individual consideration in each case because
of their unique characteristics. Such conditional uses shall be referred
to the Planning Commission for the Commission's review and recommendation.
The Commission may hold a public hearing to receive public comment
prior to completing their review and recommendation to the City Council,
and such uses may be permitted only upon authorization by the Council
after a public hearing, subject to certain conditions and safeguards
as provided in this section.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(2)
All conditional uses shall conform with the requirements of § 236-12 and with other applicable sections of this chapter.
(3)
Such conditional uses which are authorized by the
Council shall be subject to any additional conditions and safeguards
established by the Council in each case which may be warranted by
the character of the areas in which such uses are proposed or by other
special factors and which are necessary to implement the purposes
and statement of community objectives of this chapter.
(4)
A conditional use shall not cause substantial injury
to the value of other property where it is to be located; shall conform
with regulations applicable to the district where located; shall be
compatible with adjoining development; shall provide adequate landscaping
and screening to protect adjoining areas; shall provide off-street
parking and loading so as to minimize interference with traffic on
the local streets; and any required or permitted signs shall be compatible
with adjoining development and such conditional uses and shall not
jeopardize the public health, safety, welfare and convenience.
(5)
Such conditional uses shall be appropriate to the
character of the district and neighborhood in which they are proposed
and with the presence of other conforming uses located in the area
and also with the area which the uses will serve.
(6)
The applicant shall file a preliminary site plan in accordance with the requirements of § 236-24 prerequisite to or concurrent with filing an application with the Planning Commission and City Council for the conditional use.
[Amended 9-11-2006 by Ord. No. 2-06]
(7)
Applications shall be submitted in writing on forms
provided by the City. The first public hearing shall be conducted
by City Council within 60 days of the filing of a complete application,
unless the applicant agrees in writing to an extension of time.
[Added 9-11-2006 by Ord. No. 2-06]
(a)
The public hearings shall be pursuant to public
notice. The property which is the subject of the application shall
be posted for at least seven days prior to the date of the public
hearing. In addition, written notices shall be sent by the City by
first class mail to the owners of property within 300 feet of the
boundaries of the property which is the subject of the application.
The names and addresses of the property owners within 300 feet of
the site shall be provided by the applicant as part of the application,
utilizing the most recent tax records in possession of the City.
(b)
Each subsequent hearing shall be held within
45 days of the prior hearing, unless otherwise agreed to by the applicant
in writing or on the record.
(c)
The applicant shall complete the presentation
of his case in chief within 100 days of the first hearing. Upon request
of the applicant, City Council shall assure that the applicant receives
at least seven hours of hearings within the 100 days, including the
first hearing. Persons opposed to the application shall complete the
presentation of their opposition to the application within 100 days
of the first hearing held after the completion of the applicant's
case in chief. And the applicant may, upon request, be granted additional
hearings to complete his case in chief, provided the persons opposed
to the application are granted an equal number of hearings. Persons
opposed to the application may, upon written consent or consent on
the record by the applicant and the City, be granted additional hearings
to complete their opposition to the application, provided the applicant
is granted an equal number of hearings for rebuttal.
(d)
City Council shall render a written decision
or make written findings within 45 days of the last hearing. Where
the application is contested or denied, the decision shall be accompanied
by findings of fact and conclusions based thereon. Conclusions based
on any provision of this chapter or any other applicable rule or regulation
shall contain a reference to the provision relied upon and the reasons
why the conclusion is deemed appropriate in light of the facts found.
(e)
Upon failure of City Council to commence the
hearing, complete the hearing or render the decision in accordance
with the time specified, the decision shall be deemed to have been
rendered in favor of the applicant unless the applicant agrees in
writing or on the record to an extension of time.
(8)
If conditional use approval is granted by City Council,
the applicant shall submit plans to the Planning Commission for final
site plan approval. The final site plan shall demonstrate compliance
with any conditions attached to the approval of the conditional use.
[Added 9-11-2006 by Ord. No. 2-06]
B.
The following regulations shall apply to conditional
uses which are authorized by the Council.
(1)
Use Class 16, Resort and Commercial Recreation Facilities.
(a)
Use Class 16 includes resort and commercial
recreation facilities or any combination thereof located adjacent
to or within 1,000 feet of the Allegheny River, which are designed
to serve the general public, provided that such facilities shall be
held in one ownership and shall be located on a parcel or tract at
least three acres in size. Such uses shall be designed to take advantage
of the Allegheny Riverfront in an environmentally sound manner and
shall be provided with adequate amenities and features to serve residents
of the area and the City of New Kensington. Such resort and commercial
recreation facilities may include the following types of uses:
[1]
Resorts consisting of lodging facilities for
overnight guests, such as hotels, motels, cabins, cottages, bed-and-breakfast
and other similar lodging accommodations.
[a]
Such resorts may also include related
eating and drinking establishments, related retail uses and commercial
indoor and outdoor recreation facilities designed to primarily serve
the guests and clientele of the resort.
[b]
Said recreation facilities may
include the various types of recreation facilities described below
in this use class.
[c]
Resort facilities may also include
campgrounds, consisting of well-planned developments with adequate
ingress and egress, which provide individual campsites and hookups
for recreational vehicles. Such campgrounds may also provide related
facilities of the type described above for resorts.
[d]
Resort facilities may also include
membership clubs, including social halls, clubs or lodges, as defined
herein, which may also provide related facilities of the type described
above for resorts.
[e]
All of the above uses may also
include related retail uses which are designed to primarily serve
the clientele of the resort, campground or membership club. Such retail
uses may include gift shops, equipment rentals, golf shops, related
sales offices, related recreation uses (including marinas and boating
requirements) and other similar uses.
[f]
All such uses as set forth herein
may be operated or used for permanent, seasonal or transient occupancy
or made available for use on a time-sharing basis or for use by members
of the facility.
[2]
Commercial and public outdoor recreation facilities,
including marinas, boat docks, swimming pools, ball fields, ski slopes,
golf courses, outdoor roller skating and ice skating, picnic areas,
water sports, tennis courts, handball, court games, parks and playgrounds
and other similar facilities for the use and benefit of the neighboring
residential areas or of the City.
[3]
Commercial indoor recreation facilities carried
out in a completely enclosed building, except for off-street parking
and loading facilities as required herein, which may include skating
rinks, swimming pools, tennis courts, racquetball, billiards, exercise
rooms and gyms, spas, indoor court games, bowling, theaters, museums,
clubhouses, nightclubs, art galleries and cultural establishments,
amusement game machines and other amusement machines, as defined herein.
[4]
Commercial related uses required to service
the above activities and the public, such as restaurants, gift shops,
boating, fuel and recreation supply shops and limited retail uses.
(b)
Planning and development.
[1]
Resort and commercial recreation facilities
may be proposed for development in their entirety or in stages over
a reasonable period of time.
[2]
All uses shall be adequately served with off-street parking and loading facilities to serve the anticipated number of users and employees as specified in § 236-21 and shall have suitable street access without causing excessive traffic or congestion on adjoining streets.
[3]
The maximum building coverage for any tract
of land developed for such resort and related uses shall not exceed
40%, (including areas in the one-hundred-year floodplain), and the
maximum building height shall not exceed three stories in height.
[4]
Such resort development shall be planned and
developed with adequate yards, building layout, spacing and open space
to result in a harmonious and well-designed development which meets
the needs of the development, which limits densities and traffic consistent
with the road access proposed so as to prevent congestion and overcrowding
of the area and which also safeguards the interests and needs of the
City and the areas adjoining the development; and all such uses shall
be served with adequate public sewers and water facilities.
[5]
Adequate yard planting and screening shall be
provided to effectively screen off any uses which may adversely affect
nearby residential areas.
(2)
Use Class 17, Riverfront Commercial: includes riverfront
commercial uses designed to take advantage of the Allegheny Riverfront
in an environmentally sound manner and to provide amenities and features
to serve shoppers, residents and workers of the area and the general
public, provided that such facilities shall be held in one ownership
and shall be located on a parcel or tract at least three acres in
size. Such riverfront commercial uses are not intended to duplicate
general purpose shopping areas and commercial uses found in other
parts of the City, but to provide special purpose related commercial
activities and uses which can take advantage of the riverfront and
which can complement the recreation, entertainment and residential
uses which are designed to attract the public and to increase the
commercial market area for the City. Such uses may include the following,
which shall be provided primarily in a completely enclosed building,
except for well-designed outdoor terrace dining or outdoor riverfront
eating and drinking areas designed for the enjoyment of patrons:
(a)
Permitted commercial uses may include the following:
hotel and/or motel, retail and rental trade, related sales, eating
and drinking places, banquet and weddings, gift and boutique shops,
optical and florist shops, private clubs, arts and crafts, related
printing and office supplies, banking and finance, vaults and security,
mailboxes and lockers, drive-through businesses, pharmacies and health
clubs, news and books, communication and software, church services,
training schools and employment agencies. However, such uses shall
specifically exclude auto sales and repair, gasoline service stations,
mobile home sales, lumber yards, farm supplies, adult video and book
sales, greenhouses, warehousing and heavy commercial and industrial
uses.
(b)
Permitted commercial uses may also include the
following: jewelry and apparel shops, beauty and barber shops, shoes
and cleaning shops, plant and garden shops, appliance and electronic
sales, photo and video sales, sporting and gun shops, travel agencies
and auto leasing, ice cream and yogurt sales, bakeries and cheese
and deli sales.
(c)
Entertainment and recreational uses may include:
offtrack and lotto wagering, band shells, indoor and outdoor theater,
indoor and outdoor pools, video games, dance stages, tennis and volleyball,
carousels, water slides and aerial trams, underground and shuttle
services and other related facilities for the active use and enjoyment
of the public and/or private use, but not for the assembly of large
numbers of persons, except for occasional events of more than 1,500
persons, for which prior approval must be received by the Mayor and
the Police Department of the City of New Kensington.
(d)
Professional services, may include accounting,
medical, legal, insurance, financial, stocks and bonds, real estate,
engineering, computers, architects and consultants.
(e)
Commercial riverfront recreation, may include
marine pier, marina, launching and docking, boat and jet ski rental,
fishing and skiing, rafting and paddle wheeling, excursion cruises,
eating, drinking and dancing, marine craft sales and service, short-term
(season to season) boat storage and marine fuel sales and service.
(f)
Residential apartment units above the first
floor level of the commercial or office buildings, but not to exceed
18 units per net acre may be permitted. Residential access must be
so designed as to avoid unnecessary conflicts with commercial or office
use establishments and must provide separate parking areas for residential
use.
(g)
All structures shall be designed with adequate
spacing, with convenient parking and building layout, with outdoor
courtyards and fountains and with amenities designed to serve customers,
employees, patrons, residents and users of the buildings.
(h)
All structures shall not exceed 40% maximum
building coverage of the gross site area (including areas in the one-hundred-year
floodplain). Buildings shall not exceed four stories in height.
(i)
Permanent recreation and open space with access
to the Allegheny River shall be provided, including areas in the one-hundred-year
floodplain, to serve the public.
(3)
Use Class 18, Elderly/Handicapped Care Facilities:
includes a residential retirement complex, as defined herein, housing
and related facilities to serve the handicapped, the elderly (aged
60 years and over), retired persons and persons requiring nursing
care.
(a)
Such uses shall include a combination of one
or more of the following facilities specifically designed to serve
the handicapped, the elderly and retired persons:
[1]
Multifamily dwellings for independent and personal
care living.
[2]
Nursing homes and personal care and long-term
care facilities for persons requiring nursing or convalescent care
for extended periods of time.
[3]
Community and activity rooms for special activities,
such as an auditorium, library, lounge, chapel, dining facility and
recreation facilities.
[4]
Necessary administrative and service facilities,
including medical support facilities and personal care services.
[5]
Related outdoor recreation uses and other ancillary
uses.
(b)
All such related uses shall be held in one ownership
and developed on one tract of land at least three acres in size.
(c)
The maximum building coverage for any tract
of land developed for such a use shall not exceed 40%, the maximum
building height shall not exceed 35 feet and the net project density
for independent living units shall not exceed 20 independent care
dwelling units per net residential acre.
(d)
All buildings in such a development shall be
harmoniously arranged to enhance the benefits for project residents
and clients and to provide for a safe and efficient operation which
will maximize the public health.
(e)
Such development shall be compatible with adjoining
residential uses and shall not create excessive traffic loads on public
streets in a residential area, shall provide adequate lighting, parking,
loading and access and necessary informational signs to serve the
residents and administrative staff and visitors to the area.
(4)
Use Class 19, Detention Centers: detention Centers,
as defined herein, for persons involuntarily committed to penile,
juvenile delinquent, medical, mental health or other interment facilities.
(a)
All facilities developed for such a use shall
comply with the following:
[1]
Minimum lot area: one acre.
[2]
Maximum building coverage: 40%.
[3]
Maximum building height: three stories or 45
feet.
[4]
All yard areas: 25 feet.
[5]
Off-street parking: adequate to serve peak employee
and visitor usage.
[6]
Off-street loading: adequate to meet projected
loading vehicle requirements and dock space to expedite loading and
unloading usage, storage and circulation requirements.
(b)
The City Council shall review the characteristics
of such facilities and shall determine their suitability and their
impact on the City as a whole and on areas and residential neighborhoods.
(c)
Factors to be considered by the City Council
shall include, but are not limited to, the following:
[1]
The exact nature, location and size of the proposed
facility, including the number of inhabitants, employees, off-street
parking, traffic patterns and access and their impact.
[2]
Beneficial impacts on the City, including the
number of jobs to be created and projected increases in business and
revenues.
[3]
Operational and site development factors, including
hours of operation, visitation access by the public, safeguards established
to protect inhabitants, employees and residents of the City in the
event of emergencies, accidental or unplanned release of inhabitants
and the suitability of the facility on the site on which it is proposed.
[4]
Lighting or traffic patterns, appearance of
the facility, adequacy of landscaping and buffers provided and other
factors to determine any adverse impact.
(5)
Use Class 20, Adult and Sexually Oriented Establishments
and Uses.
[Amended 11-9-1999 by Ord. No. 4-99]
(b)
Location of sexually oriented establishments.
[1]
Such establishments may be located only in the
I-2 Zoning District, subject to the following conditions as determined
by City Council in accordance with the conditional use provisions
of this chapter. Such establishments may not be permitted by City
Council or by the Zoning Hearing Board in any other district either
as a conditional use or as a special exception use or as a permitted
use or by approval of a variance as defined herein.
[2]
Sexually oriented establishments shall not be
located with in 750 feet of any other sexually oriented establishment,
whether situated in the City of New Kensington or otherwise, with
the distance between any two sexually oriented establishments measured
by a straight line, without regard to intervening structures, from
the closest point on the exterior parcel line of each establishment.
[3]
A sexually oriented establishment shall not
be located within 750 feet of any parcel of land, whether situated
in the City of New Kensington or otherwise, measured in a straight
line from property line to property line, which contains any of the
following specified land uses:
[4]
The location and use shall not create an enticement
for minors because of its proximity to nearby uses where minors may
congregate. No operator or employee of a sexually oriented establishment
shall permit any minor to loiter in any part of the establishment,
including parking lots immediately adjacent to the establishment or
used by patrons of a sexually oriented establishment.
[5]
No person shall permit or cause the operation,
establishment or maintenance of more than one sexually oriented establishment
in the same building, structure or portion thereof.
(c)
Applicable ordinance provisions. All such uses
shall be subject to the following provisions of this chapter:
[5]
Schedule V, Regulations for Off-street Parking
Spaces set forth under Line Item 7 of said schedule for retail, service
and commercial entertainment establishments which requires one parking
space for every gross square foot of building floor area.
[6]
Other applicable provisions and definitions
of this chapter, and other applicable local, state and federal ordinances
and codes, including building and fire prevention codes.
(d)
Establishment design and operation.
[1]
No materials, merchandise or film offered for
sale, rent, lease, loan or view upon the premises shall be exhibited
or displayed outside of a building or structure.
[2]
Any building or structure occupied as a sexually
oriented establishment shall be windowless, or have an opaque covering
over all windows or doors of any area in which material, merchandise
or film are exhibited or displayed, and no materials, merchandise
or film shall be visible from outside of the building or structure.
[3]
Every sexually oriented establishment doing
business in the City of New Kensington shall be well lighted at all
times and be physically arranged in such a manner that the entire
interior portion of all booths, cubicles, rooms, or stalls where sexually
oriented entertainment is provided shall be clearly visible from the
common areas of the premises.
[4]
Visibility into such booths, cubicles, rooms
or stalls shall not be blocked or obscured by doors, curtains, partitions,
drapes or any other obstruction whatsoever.
[5]
It shall be unlawful to install enclosed booths,
cubicles, rooms or stalls within sexually oriented establishments
for any purpose.
[6]
No sexually oriented establishment shall contain
partitions between subdivisions of room or portions or parts of a
building, structure or premise with an aperture which is designed
or constructed to facilitate sexual activity between persons on either
side of the partitions.
[7]
All rooms or areas used for the purpose of viewing
sexually oriented motion pictures or other types of live sexually
oriented entertainment shall be well lighted and readily accessible
at all times and shall be continuously open to view in its entirety.
[8]
The premises shall be equipped with overhead
lighting fixtures of sufficient intensity to illuminate every place
to which patrons are permitted access at an illumination of not less
than five footcandle as measured at the floor level. It shall be the
duty of the operator and the operator's agents to ensure that the
illumination required by this subsection is maintained at all times
that a patron is present in the premises.
[9]
The building entrance areas for the establishment
shall be covered or screened in such a manner to prevent a view into
the interior from any street, sidewalk or public place when the entrance
door is opened.
(e)
Signage. Notwithstanding any other provision of the City of New Kensington, it shall be unlawful for any owner or operator of any sexually oriented establishment or any other person to erect, construct or maintain any sign for the regulated establishment other than as set forth in the § 236-22 and in Chapter 236 of the Code of the City of New Kensington.
(6)
Use Class 21, Public Use Areas.
(a)
This use class establishes an amendment procedure
for public use areas, which are areas in the City that include any
public building, facility or land area which is owned by or was previously
developed by a governmental entity (hereinafter referred to as the
"public body"). Said public use areas may include, but are not limited
to, buildings, facilities or land areas that were originally designed,
developed and/or used by the public body as a school, recreation area,
community center or municipal building, and such uses and property
shall be referred to hereinafter as the "public parcel."
(b)
If said public parcel has ceased to be used
according to its intended public function, then the public body owning
the public parcel or any person, corporation or equitable owner that
has purchased or made proper legal arrangements for the purchase of
the public parcel (hereinafter referred to as the "developer"), after
the effective date of this Zoning Ordinance, may request the Council
of the City of New Kensington to prepare a study of the existing zoning
classification of the public parcel and also of any other potential
uses which may be developed on the public parcel, including conversions,
which are appropriate and compatible with the uses set forth in the
district in Schedule I[2] in which the public parcel is located.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
(c)
Upon receipt of such a request, the City Council
may authorize a study to be made by the New Kensington City Planning
Commission for the purpose of determining alternate appropriate uses
for the public parcel which are compatible with the existing character
of the neighborhood and which should not create adverse influences
on nearby or abutting land uses. Said study may also include a proposed
zoning amendment setting forth the alternate uses for the public parcel,
and this proposed amendment may specify permitted and/or special exception
or conditional uses for the public parcel. The Planning Commission
may also receive proposals for consideration submitted by the public
body or developer. Every such proposed zoning amendment which is subsequently
approved by the City Council shall include an appropriate time limit
within which any approved permitted use, special exception or conditional
use proposed for development by the public body or developer shall
be substantially completed. Upon default of such time limit, the zoning
for the public parcel shall revert back to the applicable zoning classification
which is in effect for the zoning district in which the public parcel
is located.
(d)
The City Planning Commission may retain qualified
professional personnel, including legal, engineering and planning
services or other firms, to conduct such a study.
(e)
Any reasonable or necessary charges and fees
incurred by the City for such professional personnel and for related
expenses required in the undertaking of the study shall be paid by
the public body or developer that requested the study to be made.
An estimate of the cost for preparing such study shall be made prior
to initiating the study, and the public body or developer shall enter
into an agreement with the City agreeing to be responsible for such
costs and shall also agree to provide payments in accordance with
a schedule for the completion of the study as proposed by the Planning
Commission.
(f)
Upon completion of the study, the Planning Commission
shall submit the study, conclusions and recommendations to the City
Council, including any proposed zoning amendment.
(g)
The City Council shall then take action to accept,
reject or modify the recommendation of the Planning Commission and/or
schedule the enactment of a Zoning Chapter amendment, including a
public hearing, in accordance with the procedure set forth in § 609
of Pennsylvania Act No. 247 of 1968, as reenacted and amended.[3]
[3]
Editor's Note: See 53 P.S. § 10609.
(h)
Any such zoning amendment approved in accordance
with the provisions of this use class shall include suitable conditions,
safeguards and requirements to protect the character of the residential
area surrounding the public parcel which will be affected by the development
included in said amendment.
(i)
Said amendment shall also include a requirement
for the posting of financial security or a bond made out to the benefit
of the City in an amount sufficient to guarantee and cover the entire
cost of any required improvements necessary for the completion of
the development which would be permitted by the proposed amendment,
as proposed by the public body or developer. Said financial security
or bond would also allow the City to complete said improvement(s)
and proposed use in its entirety without any additional cost to the
City in the event of default, negligence, cost overrun or inflationary
increase in price or failure of any type of the public body or developer
requesting the amendment.
(7)
Use Class 22, Adaptive Reuse of the Mt. Vernon School.
[Added 6-12-2001 by Ord. No. 2-01[4]]
(a)
Use Class 22, An Adaptive Reuse of the Mt. Vernon
School, a public use facility in an R-I District, which may be reused
for the following uses:
(b)
Such uses shall comply with the general requirements set forth in this § 236-16, with all applicable provisions of § 236-24, Site plan review, with all applicable provisions of § 236-25A, Screening requirements, and with the following additional requirements:
[1]
The front yard setback shall be a minimum of
30 feet; there shall be two side yards totaling 60 feet, neither less
than 15 feet, and a rear yard of at least 30 feet. No parking shall
be permitted in the first 15 feet of the required front and rear yards
or in a side yard abutting a single-family residence.
[2]
A residential planting buffer of at least 15
feet in depth shall be constructed between the sidewalk and the parking
area fronting Pershing Drive. Said buffer area shall include but not
be limited to evergreen screen planting and shall extend across the
full width of the lot between the building and the side lot line.
[3]
All window openings shall be replaced with glazing
within the entire opening and restored to double hung six-on-six sash
windows. Building materials and design treatment shall respect the
original design of the building and the residential character of the
neighborhood.
[4]
Required off-street parking shall be as follows:
for a community facility, one space for each 300 feet of net floor
area; for an independent living housing for the elderly facility,
one space per dwelling unit, plus four spaces for employees and guests;
for a multifamily apartment, 1.5 spaces per dwelling unit. Parking
spaces for persons with special needs shall be installed as required
by state and federal law.
[5]
Density for an independent living housing for
the elderly facility shall be a maximum of 20 dwelling units per acre.
Density for a multifamily apartment shall be 14 dwelling units per
acre.
[6]
No dwelling unit shall be permitted in the portion
of the building that is partly underground.
[7]
For an independent living housing for the elderly
facility, each dwelling unit shall provide a complete bathroom and
a functional kitchen, including but not limited to a refrigerator,
sink and microwave oven. The facility may provide a multipurpose room
or area for recreation. This room and/or area shall be for the exclusive
use of the residents of said facility and their guests. No more than
10 guests shall occupy this area at any time. No food preparation
shall take place in the multipurpose room. Communal food preparation
on the premises shall take place only in a facility designed to comply
with all applicable regulations of the City of New Kensington, the
County of Westmoreland and the Commonwealth of Pennsylvania. A maximum
of five employees or aides may be on the premises at any time.
[8]
Design review.
[a]
Design review shall be required
for all such uses. The applicant shall be required to provide photographs
of the present site and surrounding contiguous area to a depth of
200 feet. Floor plans and elevations on all sides of the building
and perspectives, prepared by an architect registered in the Commonwealth
of Pennsylvania, shall identify the major materials on the exterior
of the building. The elevations and perspectives shall specify the
treatment for the maintenance and enhancement of the building on all
four sides. The applicant shall also provide a narrative description
of the rehabilitation plan for the exterior.
[b]
The site plan and building elevations
and perspective shall be submitted to the Zoning Officer 30 days before
the date of the Planning Commission meeting at which design review
and consideration of the site plan is requested. The Zoning Officer
shall submit the plans to an architect specializing in urban design
and registered in the Commonwealth of Pennsylvania who shall not be
the same architect as that retained by the developer for purposes
of preparing said site, building elevations and perspectives and who
shall be retained by the City of New Kensington for the purpose of
reviewing this proposal. The architect shall review these plans and
elevations and make a recommendation regarding the adequacy and sufficiency
of the plans, including their conformance with the design criteria
identified with the report prepared by Ruth C. Reidbord, AICP, and
accepted by the Planning Commission on July 2, 1996. The recommendation
shall state whether the plan should be approved, with or without modifications,
or disapproved. The review and recommendations shall be completed
and transmitted to Council prior to the public hearing by the Council
of the application.
[9]
If at any time prior to or following the granting
of an occupancy permit and conditional use permit for an independent
living facility housing for the elderly the owner wishes to use one
or more dwelling units for the nonelderly, then the standards for
a multifamily dwelling as set forth in this section shall apply with
specific reference to site density and off-street parking requirements.
[10]
In the event that the Council issues a conditional
use permit and site plan approval for said application, said permit
and approval shall expire one year from the date on which the conditional
use permit and site plan approval were granted unless approval of
a building permit which complies in all respects with the permit and
approval has been granted by the City of New Kensington Building Official.
[4]
Editor's Note: This ordinance also repealed
former Subsection B(7), Use Class 22, Adaptive Reuse of the Mt. Vernon
School, added 4-8-1997 by Ord. No. 2-97.
(8)
Use Class 22a, Reuse of Former Ridge Avenue School
Site.
[Added 9-11-2006 by Ord. No. 1-06[5]]
(a)
Use Class 22a, reuse of former Ridge Avenue
School site, a public use facility in an R-1 District, which may be
used only for one or more of the following forms of elderly care or
elderly housing:
(b)
The area and bulk regulations applicable to
the conditional use are:
(c)
A landscaped buffer area at least 15 feet in
depth, measured from the property line, shall be provided along any
property line that adjoins a single-family or two-family dwelling.
The buffer area shall be a minimum of six feet in height at the time
of planting and shall be a mix of 70% evergreen and 30% deciduous
trees. Existing vegetation that meets the height required for a buffer
area may be substituted for a required buffer area, provided a conservation
easement is recorded for the depth necessary to guarantee preservation
of the existing vegetation.
(d)
Undeveloped portions of the site shall be landscaped
with ground cover, shrubs and trees, as recommended by the Planning
Commission and approved by City Council.
(e)
The building materials shall be compatible with
the materials used on residential properties in the immediate area.
(f)
The style of the proposed building shall carry
out architectural themes that are common in the dwellings in the immediate
area (for example, columns, porches, shutters, gable roofs and the
like).
(g)
Access to the site and circulation on the site
shall be designed to minimize congestion and facilitate access by
emergency vehicles.
(h)
An adequate and protected area for dropping
off and picking up residents by car, van or mini-bus shall be provided.
(i)
Outdoor leisure areas shall be provided consistent
with the needs and interests of the age and mobility of the residents
to be housed.
(j)
Common facilities, such as dining areas, laundry
facilities, craft or social rooms, beauty or barber shop for the use
of the residents only may be included in the building.
(k)
The total number of dwelling units in an independent
living or assisted living facility or the total number of beds in
a personal care boarding home or nursing home shall not exceed 40.
(l)
In addition to the parking required for the
residents, parking for the employees shall be provided at the rate
of one parking space for each employee on peak shift.
(m)
Sidewalks shall be provided along the public
street frontage and within the site to connect the parking areas with
the building entrances and outdoor leisure areas.
(n)
The elderly dwelling units shall not be converted
to conventional multifamily dwelling units.
(o)
An approved personal care boarding home or nursing
home may be converted to elderly housing, subject to conditional use
approval under these provisions.
(p)
Approved elderly housing may be converted to
a personal care boarding home or nursing home, subject to conditional
use approval under these provisions.
(q)
In approving the conditional use, City Council
may require the developer to post financial security to guarantee
the proper installation of all of the approved public and private
improvements (other than the proposed building) in the plan.
(r)
If a building permit is not issued for the approved
construction within one year of approval of the conditional use and
site plan, the conditional use/site plan approval shall expire.
[5]
Editor's Note: This ordinance also renumbered
former Subsection B(8) and B(9) as B(9) and B(10), respectively.
(9)
Use Class 23, Specialized Medical Facilities.
[Added 12-9-1997 by Ord. No. 9-97]
(a)
Specialized medical facilities are facilities
which are primarily used for the treatment and care of certain classes
of diseases or conditions resulting from the use or treatment of persons
with drug or alcohol problems, persons seeking to undergo abortions,
persons with mental or other conditions that require continuing supervision,
treatment and management to safeguard the health and safety of the
persons being treated and/or the personnel providing the services.
Such specialized medical facilities shall in all cases be considered
to be conditional uses.
(b)
The applicant for such a facility shall provide
the following information:
[1]
Site plan review. Compliance with the site plan review submission requirements as set forth in § 236-24.
[2]
Need. The applicant shall demonstrate that there
is a need for the proposed facility in the City of New Kensington.
The following information shall be provided by the applicant and submitted
to the Zoning Officer in the form of a written narrative:
[a]
The type of medical problems and
treatments to be provided at the proposed facility shall be described
in sufficient detail to provide an understanding of the activities
to be undertaken and of the services to be provided.
[b]
The principal market and service
area which the proposed facility is intended to serve shall be identified,
including information on the capacity of the proposed facility and
including an estimate of the potential number of users that may utilize
the facility.
[c]
The estimated number of yearly
clients which may be expected to use the facility over the first five
years and the maximum number of clients which can be accommodated
at the facility during any one day.
[d]
The peak number of clients that
can be accommodated and properly treated at the facility during peak
hourly periods when maximum usage is expected shall be estimated.
[3]
Impact on the City and the neighborhood. The
applicant shall provide a written narrative presenting information
on the expected impact which the facility will have with respect to
the following:
[a]
Performance, environmental and
traffic impact.
[i]
The performance, environmental and traffic impacts set forth in § 236-12 shall be addressed, including identification of any dangerous, injurious, noxious or other hazards which will adversely affect the City or surrounding neighborhood or adversely affect the public health and safety.
[ii]
With respect to traffic requirements,
the number of clients using vehicles to arrive at the facility during
various periods of time shall be identified and estimated, including
breakdowns of peak traffic flows to be generated, based on the requirements
of Schedule III where applicable.[6]
[6]
Editor's Note: Schedule III is located at
the end of this chapter.
[iii]
Off-street parking shall be provided
in accordance with the applicable requirements of Schedule V,[7] plus one additional parking space for every three clients
which are licensed to be served at the facility by the Commonwealth
of Pennsylvania, as approved by the City.
[7]
Editor's Note: Schedule V is located at the
end of this chapter.
[iv]
Additional impacts to be identified
shall include the following:
[A]
Detrimental effects on children
are to be identified, including any adverse influences which may be
generated along pedestrian and bus routes which are used by children
or which are in close proximity to schools or religious institutions
or other establishments used by children under the age of 18.
[B]
These detrimental effects may result
from inappropriate hours of operation, noise, congestion and loitering
of clients or persons on the street outside of the proposed facility
while awaiting treatment or other impacts which may provide inappropriate
enticements to children.
[C]
Adverse influences affecting other
persons, including the solicitation of persons for the purpose of
engaging them in illegal or criminal activities.
[D]
Other identified adverse influences
and nuisance activities or public health and safety hazards which
may be identified, including but not limited to the disposal of infectious
or hazardous waste materials or substances generated by the proposed
use.
[4]
Location of facility. Specialized medical facilities
may be located in the I-2 General Industrial District as a conditional
use subject to the following restrictions:
[a]
The lot or property line of such
a facility shall not be located within 500 feet of any residential
district or of any property whose use is principally residential.
[b]
The lot or property line of such
a facility shall not be located within 1,000 feet of any parcel of
land which contains any one or more of the following specified land
uses:
[c]
Child-care facility.
[d]
Church or other similar institution.
[e]
Community center.
[f]
Library.
[g]
Municipal building.
[h]
Park or recreation area.
[i]
School or educational facility.
[j]
Other land or uses where minors
congregate.
[5]
Other requirements. All specialized medical
facilities shall conform with the following:
[a]
The specialized medical facilities
shall comply with all other appropriate federal, state and local requirements,
and suitable certificates or licenses required for their operation
shall be secured as a condition for any conditional use approval which
may be granted under this chapter.
[b]
The operator/owner of such a facility
shall prepare and submit a statement of operating procedures for the
proposed facility. Said operating procedure shall indicate how the
use of the facility will be controlled and monitored to prevent noise,
nuisances, excessive lighting or glare, loitering and congestion;
and providing for the control of traffic flows and parking problems;
and setting forth measures to be taken to prevent adverse impacts
on the City and/or neighborhood and nuisances resulting from the above
conditions which adversely affect adjoining and nearby properties
or uses.
[c]
The facility shall also be managed
in a manner which will provide for the timely clean-up of litter on
the premises and for the proper maintenance of the building and parking
areas, landscaping and the exterior grounds of the facility.
(10)
Use Class 24, Indoor and Outdoor Public and
Commercial Recreation Facilities (in accordance with the conditional
review requirements of this subsection).
[Added 1-13-2003 by Ord. No. 1-03]
(a)
Two separate topographic conditions.
[1]
The OS-3 Zoning District is divided into two
separate topographic areas, each of which requires individual consideration
with respect to the land uses which may be undertaken in each area.
These two areas include the following:
[a]
Steep slope areas. The steep slope
areas include areas primarily consisting of steep slopes which exceed
a slope or grade of 25% (12.5 feet vertical height over distance of
50 feet horizontal).
[b]
Valley areas. The relatively flat
valley area of the Little Pucketa Creek which bisects the OS-3 Zoning
District.
[2]
Requirements for each of these areas are set
forth below. All proposed land uses and development in the OS-3 Zoning
District are subject to conditional use approval by the City Council
as required herein.
(b)
Steep slope areas. Areas having slopes or grades
of 25% or greater located in the OS-3 Zoning District shall be limited
to the development of the following low-impact outdoor recreational
uses:
[1]
Nature trails and pedestrian pathways, bird
watching, woodland preserves, outdoor gardens, nature conservancy
reservations and day tent camping; walking; hiking and biking.
[2]
Conservation management of the forested areas
located in the steep slope areas of the OS-3 District shall be undertaken
by the property owner in a manner consistent with the established
Best Management Practices for the Pennsylvania forests, as recommended
by the Penn State College of Agricultural Sciences. Landowners shall
contact the Westmoreland County Conservation District for assistance
in the preparation of a plan for use of the Best Management Practices
suitable for the management of individual tracts of forested land.
[3]
Grading and changes to the existing topography in the steep slope area may be necessary for the provision of the uses listed under Subsections B(9)(b)[1] and [2] above. Such grading changes and cuts and fills shall be limited to grade changes of 2% or less which may be required to establish the proposed low-impact uses.
[4]
The receipt of a permit from the Zoning Officer is required before the harvesting and/or cutting down of trees in the steep slope forest area and for other grading and topographic changes in the OS-3 Zoning District, as described in Subsections B(9)(b)[1] and [2] above.
[5]
The following activities or uses are prohibited
in the steep slope areas:
[a]
The use of go-carts, snowmobiles,
ATV's, motorcycles, motorcross, skateboards or other types of motorized
or nonmotorized vehicles; gun or hunting clubs; paintball or target
shooting games or contests; amusement establishments involving amusement
rides of all types, such as boat, train or skyrides, flying swings,
merry-go-rounds, roller coasters, Ferris wheels, water tubes or water
slides, wave pool, alpine slides and related amusements such as golf
driving ranges, shooting ranges or galleries, target-type games, batting
cages and arcades and other similar or related uses. No buildings
of any type are permitted in the steep slope areas.
[b]
Notwithstanding the above prohibitions, zoning applicants may request approval of other similar uses, as defined in this chapter, which are similar to the uses set forth in Subsection B(9)(b)[1] through [4] above. Such a request shall be referred to the Zoning Hearing Board for evaluation, determination and conformance of the proposed similar uses with the requirements of this subsection, subject to the criteria set forth in § 236-30. Based on this evaluation, the Board may permit or may not permit the proposed use to be located in the steep slope areas of Use Class 24.
(c)
Valley area. The relatively flat valley area
of the Little Pucketa Creek may include the following land uses:
[1]
Commercial indoor entertainment and recreation
facilities.
[a]
Commercial indoor entertainment
and recreation facilities which are carried out in a completely enclosed
building which may include roller and ice skating rinks, tennis courts,
racquetball, billiards, exercise rooms and gyms, spas, indoor court
games and team sport events, bowling, theaters, museums, art galleries
and cultural establishments, amusement game machines and other amusement
machines, as defined herein. Such facilities may include well-designed
space and seating for spectators of competitive sporting events. Indoor
entertainment and recreation facilities shall conform with the requirements
of Schedules I and II[8] attached hereto and shall include off-street parking and
loading facilities as required by this chapter.
[8]
Editor's Note: Schedules I and II are included
at the end of this chapter.
[b]
Accessory uses which are customarily
subordinate to and related to the principal recreation and entertainment
facilities may include rest rooms and food convenience service facilities
to service customers. Also included are related limited outdoor storage
of materials and equipment, landscaping and screening of facilities
to enhance the appearance of the area and undeveloped buffer areas;
and related office and display building space primarily related to
the operation and maintenance of the principal recreation and entertainment
uses.
[c]
Adequate ingress, egress, parking
and rest rooms to serve such facilities shall be provided in amounts
suitable for safely accommodating the numbers of participants and
spectators to be generated by these facilities.
[2]
Outdoor recreation facilities may include basketball,
handball, softball, baseball, soccer, volleyball, tennis, badminton,
bocce, shuffleboard and table games, playground and tot lot areas
with multiple recreation uses.
[3]
Outdoor entertainment and social activities
may include social dancing, bingo, chess/checkers, drama products,
orchestra/band, jazz/modern band, yoga, square dancing, arts and crafts.
[4]
Grading of the natural topography around the
perimeter of the valley area shall be restricted to the maximum extent
possible to limit changes and damage to the natural slopes. Such grading
shall be designed to control erosion and sedimentation of the steep
slopes. The purpose of such grading shall be to provide a suitable
transition between the steep slopes and the valley areas and, where
possible, to increase the area of the natural valley areas.
[5]
Recreation and other facilities shall be designed
in accordance with accepted standards available from recognized agencies
and organizations. (See Schedule VI attached hereto.[9])
[9]
Editor's Note: Schedule VI is included at the end of this chapter.
(d)
Grading along Craigdell Road. Steep slope areas
along Craigdell Road may be graded to provide a second road access
from that road into the OS-3 area in accordance with PennDot requirements.
(e)
Conditions to safeguard public health and safety.
Conditions to safeguard public health and safety and to avoid adverse
effects on nearby residential areas may be established as follows:
[1]
City Council may impose any additional conditional
requirements to prevent overcongestion and to safeguard the health
and safety of all participants and spectators of recreation and sporting
events conducted in the OS-3 Zoning District.
[2]
City Council may impose any conditions or restrictions
to prevent congestion and adverse effects and nuisances to nearby
residential areas.
[3]
City Council shall encourage the development
of well-designed commercial recreation entertainment facilities that
meet the standards identified above and may impose conditions to assure
compliance with these standards.
(f)
Impact requirements. All facilities to be provided
shall be thoroughly evaluated by the applicant for any uses in the
OS-3 area prior to approval and acceptance by the City. The evaluation
shall include conformance with the following.
(g)
Buffer areas. The following buffer areas will
be provided and maintained by property owner(s) on all four sides
of Falcons Park as follows:
[1]
A fifty-foot-wide buffer perimeter located on the northerly and westerly sides of the park where it adjoins residential areas. This strip is to be maintained in its natural state as a forested conservation management area. No new development of any type is to be carried out on this strip except for proper conservation management of the forested buffer area as required in Subsection B(9)(b)[2] above.
[2]
A twenty-five-foot-wide set back is to be maintained
between the southerly boundary of Falcons Park and Pennsylvania Rt.
56 and also on the easterly side of the park where it adjoins the
Craigdell Road highway right-of-way.
[3]
The steep slopes also create a natural buffer
for the active recreation uses which may be developed in the valley
area. That valley area is located at a distance of at least 300 feet
from the residential area, at an elevation of about 100 feet lower
than the residential area.
[4]
All steep slope wooded areas in the park will
be maintained as conservation management forested areas with the many
trees providing an effective noise barrier and protection from the
active recreational activities in the valley area below.
[5]
All conservation management activities are to be carried out by the owner(s) of the property in accordance with the requirements of Subsection B(9)(b)[2] above.
(11)
Use Class 25, Contractor's Yard and Heavy Equipment
Rental, Sales and Service, subject to the following express standards
and criteria:
[Added 1-10-2005 by Ord. No. 10-04]
(a)
In the C-4 District, at least 40% of the activity
shall be conducted in a completely enclosed building.
(b)
All materials, vehicles and equipment stored
outside an enclosed building shall be located at least 10 feet from
any property line.
(c)
All outdoor storage areas shall be secured by
a fence with self-latching gate or other acceptable means of securing
the property.
(d)
No vehicle or equipment shall be kept on the
property that does not have all of the mechanical and body components
necessary for the safe and lawful operation except during the time
that repairs are being performed and are diligently pursued.
(e)
No repair of vehicles or equipment shall be
permitted outside a completely enclosed building.
(f)
Engines shall not be started or kept running
before 6:30 a.m. or after 8:00 p.m. if the site is located within
200 feet of an existing dwelling.
(12)
Use Class 26, Communications Towers and Communications
Antennas: includes communications towers, as defined herein, and communications
antennas, as defined herein, that are mounted on an existing building
or on an existing public utility storage or transmission structure.
Communications antennas mounted on an existing or approved communications
tower are not included because they are permitted accessory uses.
[Added 9-11-2006 by Ord. No. 2-06]
(a)
Communications antennas mounted on an existing
building or on an existing public utility storage or transmission
structure shall be subject to the following criteria:
[1]
Building-mounted antennas shall not be permitted
on any single-family or two-family dwellings.
[2]
The applicant shall demonstrate that the electromagnetic
fields associated with the proposed antennas comply with safety standards
now or hereafter established by the Federal Communications Commission
(FCC).
[3]
The applicant shall demonstrate compliance with
all applicable Federal Aviation Administration (FAA) and any applicable
airport zoning regulations.
[4]
Building-mounted antennas shall be permitted
to exceed the height limitations of the district by no more than 20
feet. Antennas mounted on an existing public utility storage or transmission
structure shall not project more than 20 feet above the height of
the tower.
[5]
Omnidirectional or whip antennas shall not exceed
20 feet in height or seven inches in diameter.
[6]
Directional or panel antennas shall not exceed
five feet in height or two feet in width.
[7]
Satellite and microwave dish antennas mounted
on the roof of a building or on an existing public utility storage
or transmission structure shall not exceed six feet in diameter.
[8]
Satellite and microwave dish antennas mounted
on an existing building or existing public utility storage or transmission
structure shall not exceed two feet in diameter.
[9]
The applicant proposing a building-mounted antenna
shall submit evidence from a structural engineer certifying that the
proposed installation will not exceed the structural capacity of the
building considering wind and other loads associated with the antenna's
location.
[10]
Evidence of lease agreements and
easements necessary to provide access to the building or structure
for installation and maintenance of the antennas and placement of
the equipment cabinet or equipment building shall be provided to the
City.
[11]
The placement of the equipment
cabinet or equipment building shall not obstruct the free flow of
traffic on the site, shall not reduce any parking required or available
for other uses on the site and shall not obstruct any right-of-way
or easement without the permission of the owner or grantor of the
right-of-way or easement.
[12]
Unless located within a secured
building, the equipment cabinet or equipment building shall be fenced
by a ten-foot-high chain link security fence with locking gate. If
the equipment cabinet or equipment building is visible from any public
street or adjoining residential property, the equipment cabinet or
equipment building shall be screened by a minimum six-foot-high compact
evergreen hedge.
[13]
If vehicular access to the equipment
cabinet or equipment building is not provided from a public street
or paved driveway or parking area, an easement or right-of-way shall
be provided which has a minimum width of 20 feet and which shall be
improved with a dust-free all-weather surface for its entire length.
[14]
At least one off-street parking
space shall be provided on the site within a reasonable walking distance
of the equipment cabinet or equipment building to facilitate periodic
visits by maintenance workers.
(b)
Communications towers shall be subject to the
following criteria:
[1]
The applicant shall demonstrate that it is licensed
by the Federal Communications Commission (FCC) to operate a communications
tower.
[2]
Any applicant proposing a new freestanding communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the antenna on an existing building or
other structure or an existing communications tower. A good faith
effort shall require that all owners within a one-quarter-mile radius
of the proposed site be contacted and that one or more of the following
reasons for not selecting an alternative existing building or communications
tower or other structure apply:
[a]
The proposed equipment would exceed
the structural capacity of the existing building, communications tower
or other structure and reinforcement of the existing building, tower
or other structure cannot be accomplished at a reasonable cost.
[b]
The proposed equipment would cause
RF (radio frequency) interference with other existing or proposed
equipment for that building, tower or other structure and the interference
cannot be prevented at a reasonable cost.
[c]
Existing buildings, communications
towers or other structures do not have adequate space to accommodate
the proposed equipment.
[d]
Additional of the proposed equipment
would result in NIER (noniodizing electromagnetic radiation) levels
which exceed any adopted local, federal or state emission standards.
[e]
An economically reasonable agreement
could not be reached with owners of such towers or structures.
[3]
The applicant shall demonstrate that the proposed
communications tower and the electromagnetic fields associated with
the antennas proposed to be mounted thereon comply with safety standards
now or hereafter established by the Federal Communications Commission
(FCC).
[4]
The applicant for the communications tower shall
demonstrate compliance with all applicable Federal Aviation Administration
(FAA) and any applicable airport zoning regulations.
[5]
The maximum height of a communications tower
shall be 150 feet.
[6]
The applicant shall demonstrate that the proposed
height of the communications tower is the minimum height necessary
to function effectively.
[7]
All parts of the communications tower, including
guy wires, if any, shall be set back from the property line at least
100 feet, except for guyed towers which shall be set back a distance
equal to the height of the tower. If the tower is located on property
which adjoins property in any OS or R Zoning District, the setback
shall be at least 200 feet. Where the communications tower is located
on a leased parcel within a larger tract, the setback shall be measured
from the property line which separates the adjoining residentially
zoned property from the larger tract controlled by the lessor, rather
than from the boundaries of the leased parcel.
[8]
The tower shall not be located within 250 feet
of an existing dwelling nor within 500 feet of an existing hospital
or school.
[9]
The tower and all appurtenances, including guy
wires, if any, and the equipment cabinet or equipment building shall
be enclosed by a minimum ten-foot-high chain link security fence with
locking gate.
[10]
The applicant shall submit evidence
that the tower and its method of installation has been designed by
a registered engineer and is certified by that registered engineer
to be structurally sound and able to withstand wind and other loads
in accordance with the City building code and accepted engineering
practice.
[11]
Equipment cabinets and equipment
buildings shall comply with the height and yard requirements of the
zoning district for accessory structures.
[12]
Access shall be provided to the
tower and equipment cabinet or equipment building by means of a public
street or right-of-way to a public street. The right-of-way shall
be a minimum of 20 feet in width and shall be improved with a dust-free,
all-weather surface for its entire length.
[13]
Recording of a plat of subdivision
shall not be required for the lease parcel on which the tower is proposed
to be constructed, provided the equipment building is proposed to
be unmanned and the required easement agreement for access is submitted
for approval by the City.
[15]
The owner of the communications
tower shall be responsible for maintaining the parcel on which the
tower is located, as well as the means of access to the tower, including
clearing and cutting of vegetation, snow removal and maintenance of
the access driveway surface.
[16]
The owner of any communications
tower that exceeds 50 feet in height shall submit to the City Zoning
Officer proof of an annual inspection conducted by a structural engineer
at the owner's expense and an updated tower maintenance program based
on the results of the inspection. Any structural faults shall be corrected
immediately and reinspected and certified to the City Zoning Officer
by a structural engineer at the owner's expense.
[17]
The owner of the communications tower shall notify the City immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the City to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 236-35 of this chapter.
[18]
All tower structures shall be
fitted with anticlimbing devices as approved by the manufacturer for
the type of installation proposed.
[19]
All antennas and tower structures
shall be subject to all applicable Federal Aviation Administration
(FAA) and airport zoning regulations.
[20]
No sign or other structure shall
be mounted on the tower structure, except as may be required or approved
by the FCC, FAA or other governmental agency.
[21]
The exterior of the tower shall
be compatible with the immediate surroundings. The tower, the equipment
cabinet or equipment building and the immediate surroundings shall
be properly maintained.
[22]
The base of the tower shall be
landscaped suitable to the proposed location of the tower, if the
base of the tower is visible from adjoining streets or residential
properties.
[23]
At least one off-street parking
space shall be provided on the site to facilitate periodic visits
by maintenance workers. Manned equipment buildings shall provide one
parking space for each employee working on the site.
[24]
No antenna or tower structure
shall be illuminated, except as may be required by the Federal Aviation
Administration (FAA) or the Federal Communications Commission (FCC).
(13)
Use Class 27, Quarrying and Noncoal Surface
Mining: Includes all uses regulated by the Commonwealth of Pennsylvania
Noncoal Surface Mining Conservation and Reclamation Act No. 1984-219,
as now or hereafter amended.
[Added 9-11-2006 by Ord. No. 2-06]
(a)
Such uses shall be subject to state law or to
regulations of the Pennsylvania Department of Environmental Protection
(PA DEP) and shall require all necessary permits from the appropriate
state agency.
(b)
Such uses shall be subject to regulations governing
preservation of water quality in the commonwealth as administered
by the Pennsylvania Department of Environmental Protection (PA DEP).
(c)
All excavations or placement of fill in wetland
areas shall be subject to the requirements of the Pennsylvania Department
of Environmental Protection (PA DEP) and the Army Corps of Engineers.
(d)
All applicants for such operations shall submit
a copy of any request for a state permit to the Zoning Officer, together
with any plans required by the state for the reclamation of such areas
and any other information required to properly evaluate the application.
(e)
Approval of the conditional use application
for an operation permitted in the City shall be conditioned upon the
receipt by the operator of all permits required from the state.
(f)
The City may present information to or request
a public hearing of the Pennsylvania Department of Environmental Protection
(PA DEP) to be held on such applications for a permit which are submitted
to the state.
(g)
The applicant shall show the proposed routes
of all trucks to be utilized for hauling and the estimated weights
of those trucks. The applicant shall show evidence of compliance with
designated weight limits on City streets and shall design the hauling
routes for the mineral removal operation to minimize the impact on
local streets within the City.
(h)
The operator shall post a bond in favor of the
City and in a form acceptable to the City prior to beginning operations
to guarantee restoration of City streets that may be damaged during
the mineral removal operations.
