Borough of Oakmont, PA Establishment of Districts and Map

This district has been created to encourage adherence to the special provisions and objectives of the 1989 Oakmont Boulevard Project, a gift to the Borough by the Garden Club of Oakmont and accepted in concept by the Council. The intent of creating the Central Corridor District is to enhance and preserve a unique area of special visual identity by influencing its future overall architecture, planning, design and aesthetic quality. This will require a constant monitoring of all change and improvements.

The Oakmont Boulevard Project stresses the importance of attractive landscaping as a part of the inviting environment and image of the Central Corridor Area for the residents and commercial establishments, as well as those passing through the community. The project stresses the importance of developing a continuing program of improvements and maintenance that will encourage landowners, businessmen and merchants to invest in their properties. The Oakmont Boulevard Project is also meant to be the catalyst for new development and improvements integrated with many of Oakmont's positive amenities, such as community spirit, quiet tree-lined streets, historic buildings, attractive residential areas and riverfront location. Future use and control of the railroad property shall be a major concern of the Borough of Oakmont.

MXD and MXD-2 Mixed Use Districts.

RO Riverfront Overlay District.

VPO View Protection Overlay.

§ 205-302 Official Zoning Map.

The boundaries of zoning districts shall be as shown on the Zoning Map and made a part of this chapter, which Zoning Map shall be known as the "Official Zoning Map of the Borough of Oakmont." Said Zoning Map and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described herein.[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

The official Zoning Map of the Borough of Oakmont shall be identified by the signature of President of Council and attested by the Borough Manager and bear the seal of the Borough.

The Borough Manager shall be custodian of said map and shall have the Borough Engineer enter changes to district boundaries or other matter shown on the map when, and only when, such changes have been properly adopted by the Council according to law. Such changes, including rezoning, subdivision of land and taking over of roads, shall be identified on said map with an entry stating the number of the authorizing ordinance, the date of said ordinance, the date when such change is actually entered upon the map and a brief description of the change. Said entry shall be attested by the President of Council and the Borough Manager. No amendment to this chapter which involves matter portrayed on the Zoning Map shall become official until after such change and entry have been made on said map. If the zoning of any property as indicated on the Official Map is found not to conform to the zoning stated in the ordinance that last rezoned the property, the zoning stated in the ordinance controls and the Official Map shall be promptly revised to conform.

Regardless of the existence of purported copies of the official Zoning Map which may be made or published, the official Zoning Map of the Borough of Oakmont, which shall be located in the Borough Building, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the Borough.

In the event that the official Zoning Map of the Borough of Oakmont becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, Council may by resolution adopt a new official Zoning Map of the Borough of Oakmont which shall supersede the prior Zoning Map. The new official Zoning Map may correct drafting or other errors or omissions in the prior Zoning Map, but no such change shall have the effect of amending the original Zoning Map retroactively. Unless the prior Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

§ 205-303 District boundaries.

Where uncertainty exists as to the boundaries of districts, as shown on the official Zoning Map of the Borough of Oakmont, the following rules shall apply:

Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following Borough limits shall be construed as following such Borough limits.

Boundaries indicated as following railroad tracks shall be construed to be midway between the main tracks.

Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.

Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the illustration.

§ 205-304 Boundary tolerance.

Where a district boundary line divides a lot held in single and separate ownership at the effective date of this chapter, the Zoning Officer may permit the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

§ 205-305 Lot, yard and height requirements.

Residential. For every building hereafter erected and used in whole or in part as a dwelling, the shown minimum requirements shall apply. See Chart A, Lot, Yard and Height Requirements, Residential, in Attachments section.[1]

Editor's Note: Chart A is included as an attachment to this chapter.

Commercial and industrial. For every building hereafter erected and used in whole or in part as a commercial or industrial structure, the shown requirements shall apply. See Chart B, Area, Yard and Height Requirements, Commercial and Industrial, in Attachments section.[2]

Editor's Note: Chart B is included as an attachment to this chapter.

Alterations to existing and/or new residential, commercial or industrial structures on lots immediately fronting the Allegheny River shall be limited to three stories in height.

No zoning permit or certificate of occupancy for a new or changed principal use of a lot will be issued unless the lot has a front lot line, in accordance with the standards of the zoning district in which it is located on an existing public street or on a street which will meet the Borough of Oakmont's requirements for a public street.

Principal land use table. Explanation of use categories: NOTE: See Chart C, Principal Land Use Table, in Attachments section.[3]

Classifications of zoning uses are established by this article which vary in their impact upon the Borough and in the procedures by which the uses are authorized.

Uses permitted by right are those authorized uses for which a zoning approval will be issued by the Zoning Officer upon the Zoning Officer's review of the application for development if the application for development indicates compliance with this chapter.

Conditional uses are those authorized uses which are permitted by approval of Council in accordance with this chapter and specifically Article IV.

Uses by special exception are those authorized uses which are permitted by approval of the Zoning Hearing Board in accordance with this chapter and specifically Article V.

Planned residential development uses are those authorized uses which are permitted by approval of Council as a planned residential development in accordance with Article VII of Act 247 and Article VI of this chapter.

Uses not specifically listed. Uses which are not specifically listed in Chart C[4] or Articles III, IV or V of this chapter shall be submitted to the Zoning Hearing Board as a special exception.

Editor's Note: Chart C is included as an attachment to this chapter.

Editor's Note: Chart C is included as an attachment to this chapter.

§ 205-306 Mixed Use District (MXD) development.

NOTE: See also Attachment Charts (D-G) and Tables (1-2).[1]

District purpose. It is the purpose of this District to implement associated recommendations of the Oakmont Borough Comprehensive Plan.

Development regulations.

Site standards.

Minimum site area. In order to provide sufficient area for mixed uses and a variety of housing types, no tentative plan shall be permitted with a site area of less than 20 acres.

Maximum site density. The maximum number of dwelling units shall not exceed 12 dwelling units per acre of the net site area, unless otherwise permitted by this chapter and conditionally approved by the Council based upon available infrastructure service.

Thoroughfare typology.

As authorized by the Pennsylvania Municipalities Planning Code,[2] a hierarchy of thoroughfares shall be defined to establish a typology of design and layout standards for pedestrian and vehicular circulation within the Mixed Use District. This typology shall supersede all other street or thoroughfare standards as established for other zoning districts in the Borough only to the specific extent listed here within.

Editor's Note: See 53 P.S. § 10101 et seq.

To maintain the integrity of existing vehicular and pedestrian circulation occurring throughout the Borough, the thoroughfare typology shall consist of the following:

Boulevards;

Urban streets;

Neighborhood streets; and

Alleys.

To provide adequate circulation and to ensure pedestrian safety, the characteristics of each thoroughfare type shall be established according to the provisions provided in Chart E, Thoroughfare Typology, and as illustrated in Table 1, Thoroughfare Typology.[3]

Editor's Note: Chart E and Table 1 are included as attachments to this chapter.

To further maintain the integrity of the Borough's existing vehicular and pedestrian circulation, interconnections of compatible volume capacity shall occur between existing and proposed streets.

The Borough's established street grid pattern shall be continued into the Mixed Used District so that:

Thoroughfares remain parallel and perpendicular to the Allegheny River; and

The characteristics of thoroughfares create an environment consistent with that found in existing surrounding development.

Interconnections between thoroughfares of existing and proposed development shall be required. Proposed thoroughfare designs shall extend from their existing boundaries to a minimum of 400 feet within the Mixed Use District.

View corridors.

View corridors shall be provided at any thoroughfare terminating at the Allegheny River. View corridors, such as the extension of the existing California Avenue, shall remain unimpeded.

Within a view corridor, public pedestrian access shall be provided to the riverfront area.

See § 205-308, Riverfront Overlay District.

Pedestrian circulation.

The design of pathways and sidewalks shall create a safe pedestrian environment within the Mixed Use District. Pedestrian circulation shall be separated from vehicular traffic.

Sidewalks shall, at a minimum, be provided within designated public rights-of-way and should promote continuity and efficiency of pedestrian circulation between existing and proposed thoroughfares.

The scale and placement of sidewalks shall be provided in accordance with Chart E and Table 1.[4]

Editor's Note: Chart E and Table 1 are included as attachments to this chapter.

Where applicable, these standards shall supersede those established within Chapter 173, Streets and Sidewalk Regulations, and Chapter 182, Subdivision and Land Development.

Blocks.

The dimensions of blocks along the perimeter of the Mixed Use District shall be consistent with the scale of adjacent existing development.

A standard block width shall be a minimum of 120 feet and a maximum of 350 feet.

A standard block length shall be a minimum of 320 feet and a maximum of 560 feet.

Blocks greater than 200 feet in width shall require the inclusion of alleys at a minimum.

Building typology. (See Chart G.[5])

Five general principal building types shall be permitted within the Mixed Use District. Basic building characteristics for these building types shall be defined by provisions outlined in Charts E and F.[6] Each general building type is intended to accommodate a range of architectural products while responding to the reality of changing market forces.

Type 1 includes building types such as single-family detached dwellings with an attached garage or a detached garage.

Type 2 includes building types such as single-family detached dwellings with a zero lot line, commonly also called "side yard houses." See Subsection B(5)(b).

Type 3 includes building types such as single-family attached dwellings, including porchyard townhouses or dooryard townhouses.

Type 4 includes building types such as multifamily dwellings, including courtyard apartments or multiuse structures, including shop front apartments.

Type 5 includes nonresidential buildings such as marina, coffee shop, medical or dental office or restaurants.

Editor's Note: Charts E and F are included as attachments to this chapter.

Use ratios.

A mixed use development shall be designed so that different housing types are well integrated and based upon the pattern of development in existing adjacent development. A development shall be particularly sensitive to mixing uses or types of residential housing types (such as single-family homes, duplexes, townhouses or apartments) along the edges of the proposed development. Accordingly, a mixed use development shall meet the following requirements:

Residential use ratios.

[i]

A development shall include at least three different residential building types from those listed in Subsection B(4)(a).

[ii]

To qualify as one of the three required building types, a building type must comprise at least 10% of the total dwelling units of the development.

[iii]

A minimum of 15% of the dwelling units shall be Type 1 buildings.

[iv]

A maximum of 50% of the dwelling units shall be Type 2 and/or Type 3 buildings.

[v]

A maximum of 50% of the dwelling units shall be Type 4 buildings.

Nonresidential use ratios. No more than 15% of the net site area may consist of Type 5 buildings.

Buildings of combined residential and nonresidential use are encouraged to support neighborhood development.

Editor's Note: Chart G is included as an attachment to this chapter.

Building setbacks.

Side and rear building setbacks shall be provided for each lot. Such setback dimensions shall be defined by Chart F and Table 2.[7]

[7]

Editor's Note: Chart F and Table 2 are included as attachments to this chapter.

A zero-lot-line dwelling unit shall be permitted, on a lot, with the following requirements:

The structure shall be erected conterminous with an interior side lot line.

The wall of a structure erected conterminous with an interior side lot line shall be solid and opaque with no openings of any kind.

The eaves of a structure may not extend across an interior side lot line.

For the purposes of enabling the owner of a zero-lot-line dwelling to conduct maintenance and repair to such structure, a five-foot-wide maintenance easement located on the lot abutting the zero lot line dwelling shall be recorded as part of the deed for the dwelling. Such easement shall be an acknowledgement of the agreement with the homeowner or landowners' association and the abutting landowner.

Building height.

The minimum and maximum height of a principal building shall be computed at the front facade of the building as per the dimensions outlined in Table 1 and Chart E.[8] The Borough encourages the use of the maximum building height for all corner lots.

[8]

Editor's Note: Chart E and Table 1 are included as attachments to this chapter.

Building length.

The maximum length of a building, or a series of buildings, containing single-family residential uses shall be 160 feet.

The maximum length of a building, or a series of buildings, containing multifamily uses and/or nonresidential uses shall be 320 feet.

A garage entry may not face a neighborhood street unless it is a minimum of 20 feet behind the front building face of the principal building.

A porch, stoop and/or balcony is encouraged to be attached to each single-family dwelling and shall not be calculated as part of the building's gross floor area. The relationships of these structures to the thoroughfare and various building types shall be provided in accordance with Tables 1 and 2.[9]

[9]

Editor's Note: Tables 1 and 2 are included as attachments to this chapter.

Nonresidential uses are encouraged to be sited on corner lots or, in the case of multiuse buildings with commerce, on the ground-floor corner of the building.

Accessory buildings.

The location and setbacks relevant to accessory buildings shall be as defined by Charts E and F and Tables 1 and 2.[10]

[10]

Editor's Note: Said charts and tables are included as attachments to this chapter.

(9)

Garages.

The maximum height of a flat-roofed garage is limited to 15 feet and the maximum height of a peak-roofed garage is limited to 18 feet.

The maximum gross floor area shall be 600 square feet.

(10)

Fences and walls: see § 205-315.

Requirements outlined in Chart F and Table 2 [11] supersede those defined by § 205-315.

[11]

Editor's Note: Chart F and Table 2 are included as attachments to this chapter.

When a commercial use abuts a residential zone not separated by an alley or a road, special consideration shall be given to lighting, screening and noise levels so as not to interfere with or restrict the lawful use and enjoyment by others of their property. Additional buffer may be recommended in each particular conditional use or special exception depending on proposed use and as determined by the appropriate reviewing body.

(11)

Lots.

Lot dimensions.

The scale, along with width and depth requirements, associated with each lot shall be created to support its development and to complement surrounding lots.

The minimum width of an interior lot shall be 16 feet.

The minimum width of a corner lot shall be 24 feet.

The minimum depth of a lot shall be 125 feet.

To complement the character of existing surrounding Borough development, the overall width of a lot should be based upon increments of the minimum interior lot width defined by Subsection B(11)(a).

Lot coverage: see Chart F.[12]

[12]

Editor's Note: Chart F is included as an attachment to this chapter.

(12)

Relationship of thoroughfares and buildings.

Thoroughfares shall be located to promote interconnectivity and to sustain density and intensity along rights-of-way throughout the development.

The relationships between buildings and thoroughfares shall be defined in accordance with Chart G, Permitted Building Types by Thoroughfare.[13]

[13]

Editor's Note: Chart G is included as an attachment to this chapter.

Such relationships shall provide adequate air and light as well as ensure compatible densities.

In general, similar building types with compatible architectural scales should front both sides of a thoroughfare. Dissimilar land uses should abut rear lot lines or across alleys.

(13)

Permitted land uses: see Chart C.[14]

[14]

Editor's Note: Chart C is included as an attachment to this chapter.

(14)

Common open space and landscaping requirements.

Common open space.

Common open space shall be a focus of the Mixed Use District. Consequently, common open space shall be provided for public use for the purposes of community gatherings, landmarks and organizing elements within the district.

General requirements.

Common open space, passive urban parks and recreation open space land shall be deed restricted or placed within a trust or conservancy to prohibit future subdivision or development.

Common open space and passive urban parks shall generally be designed to abut or connect to adjacent or potential open space parcels to create an integral natural and/or urban greenway system.

A pedestrian path system of sidewalks and trails, as appropriate, shall be designed to connect residential areas, commercial areas, passive urban parks and common open space.

In addition to the mix of use ratios, a mixed use development shall provide the following three amenities which are essential to supporting development at higher densities: common open space; passive urban parks; and recreation open space depending upon the density of each phase of development.

Common open space shall be provided at a minimum of 10% of the gross site area and shall be allocated to and remain passive common open space in perpetuity. The passive common open space shall typically comprise environmentally sensitive areas, including wetlands, streams, mature woodlands, identified floodplain, slopes in excess of 25% and historic, archeological or cultural features when practical. Should the landowner and/or developer dedicate and the Borough accept all or a portion of the required 10% passive common open space for public park use, the dedicated acreage will be counted toward fulfilling this requirement. Rights-of-way shall not be included within the calculation of required common open space.

Passive urban parks shall be provided at a rate of 0.0025 acre per dwelling unit and shall be calculated in addition to the required 10% common open space. Urban parks shall remain in perpetuity.

Passive urban parks shall be located on a generally flat buildable land and scattered throughout the mixed use development to provide convenient access by residents in the various neighborhood areas.

[d]

The urban parks shall be designed as passive shaded areas with defined pedestrian connections to sidewalks, park benches and other street furniture. Formal gardens and plantings shall be included around a central public space. Open grass areas shall also be featured to provide opportunities for unrestricted play.

(15)

Recreation open space.

Recreation open space shall be provided at a minimum of 10% of the gross site area. Rights-of-way shall not be included in the calculation of required recreation open space.

Vehicular access shall be easily and safely accessible from all areas of the development, have adequate ingress and egress (including meeting applicable site distance and other standard requirements) and have a minimum of 75 feet of frontage on a public or proposed public street.

Location shall be centrally located within the development site, on a single parcel or contiguous parcels of land, which may not be divided by any public or private street(s) or other right(s)-of-way.

Size and shape. Size and shape shall be suitable for development as a park, and no single side of the land shall amount to more than 35% of the perimeter.

Maximum finished slope and land disturbance. The finished grade shall have a slope of 4% or less.

Pedestrian access shall be accessible to each dwelling unit in the development via pedestrian easement or dedicated rights-of-way with sidewalks.

Riverfront access shall be provided with pedestrian connections to the Allegheny Riverfront and strengthen the sense of community.

(h)

Utilities and vegetation shall be in reasonable proximity to utilities, including water, sanitary sewer, electric, and shall have established vegetation thereon.

(i)

Use limitations shall be free from encumbrances or liens which would prevent, limit or restrict its use in any way.

(j)

Recreation open space shall not include areas defined as wetlands by either the Army Corps of Engineers or the Pennsylvania Department of Environmental Protection.

(k)

Recreation open space shall not include any areas defined as floodplains, including floodway and floodway fringe areas, by the Federal Emergency Management Agency.

(l)

Utility easements. Not more than 15% can be encumbered by utility easements other than those servicing the parcel.

(m)

Timing of dedication: shall be deeded to the Borough at the time of recording of the final plat. If a plat is developed and constructed in phases, the land proposed for dedication to the public shall be deeded to the Borough, together with the recording of the final plat containing the land being dedicated and shall be dedicated and deeded to the Borough not later than the phase when the total cumulative percentage of lots or dwelling units approved for recording in the phases of the plat reaches 35% of the total lots or dwelling units in all phases of the plat or land development granted preliminary approval.

(n)

The potential to gain increased development opportunity in the Mixed Use District is related to the provision of open space. The following minimum percentage of recreation open space may be applied to the overall development in order to increase the amount of permitted floor area or residential density within the development:

Twelve percent of the site area for recreation open space equals 2% floor area increase or 0.5 dwelling unit per acre.

Fifteen percent of the site area for recreation open space equals 5% floor area increase or one dwelling unit per acre.

Twenty percent of the site area for recreation open space equals 10% floor area increase or two dwelling units per acre.

(16)

Ownership and maintenance.

The landowner and/or developer shall establish a land/homeowners' association(s) in accordance with the following provisions:

The association shall be established as an incorporated organization(s) operating under recorded covenants and deeds.

The association shall be created and implemented in accordance with the requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq., and the Uniform Planned Communities Act, 68 Pa.C.S.A. § 5101 et seq., with the primary purpose of maintaining the common open space and any common facilities.

The association declaration of covenants, conditions and restrictions shall, as a minimum, establish the following:

Identifying information: name of community, county, legal description of real estate, description of boundaries of each unit, maximum number of units, description of facilities to be owned by the association, description of facilities to be operated by the association.

Easements or license rights to common open space and facilities: a statement of each unit owner's rights or license to the use and enjoyment of common open space and facilities, and prohibitions against encroachment on or over common elements, or alteration of common elements inconsistent with approved plans.

Description of obligations of the association to the members and to preserve common open space.

Transfer of common open space and facilities: identification of the method of transfer of common open space or facilities from the developer, landowner or declarant to the association, a statement that such transfer will be free of any encumbrances, identification of any consideration required upon transfer from the developer, landowner or declarant, timing of transfer to the association, no later than the date the last unit is conveyed, a statement that the conveyance will be binding upon any successors of the developer, landowner or declarant, a statement that transfer will not occur until the facility improvements have been completed unless there is a third-party guarantee of completion to the association.

Description of membership and voting rights of each unit member, including any distinction between membership classes.

If the developer or landowner proposes to construct the project over a period of separate phases, the association shall also be implemented in phases consistent with the development time schedule.

The developer, landowner or association of common open space shall provide all relevant bonds/agreements to the Borough to ensure that the common open space shall be properly maintained. Also, to ensure proper maintenance, the developer or landowner shall place funds in escrow with the Borough for the purposes of future maintenance costs, as determined by the Borough Engineer. A minimum of one easement shall be defined for such open space to enable the Borough to access such space for necessary maintenance at any time.

The Borough reserves the right to decline ownership and maintenance responsibility for the common open space proposed for public dedication if said open space is not consistent with the comprehensive planning-related activities or for other community development objectives or reasons.

In the event that the organization established to own and maintain common open space or any successor organization shall at any time after establishment of the development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough shall serve written notice upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition.

If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within the time period defined by the Borough, in order to preserve the quality and vibrancy of the properties within the development and to prevent the common open space from becoming a public nuisance, the Borough may enter upon the common open space to perform maintenance as necessary. The maintenance performed by the Borough shall not constitute a taking of the common open space nor vest in the public any rights to use the same.

The pro-rata cost of such maintenance by the Borough shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and shall become a lien on the properties. The Borough at the time of entering the common open space for the purpose of maintenance shall file a notice of lien with the appropriate county office upon the properties affected by the lien within the development.

(17)

Landscaping.

Street tree plantings along boulevards shall be spaced between 40 feet and 50 feet on center. Species and size of street trees shall be selected and installed in accordance with the requirements within the Shade Tree Ordinance[15] and in consultation with the Shade Tree Commission.

[15]

Editor's Note: See Ch. 160, Shade Trees.

Street tree plantings along urban and neighborhood streets shall be spaced between 30 feet and 40 feet on center. Species and size of street trees shall be selected and installed in accordance with the requirements within the Shade Tree Ordinance and in consultation with the Shade Tree Commission.

(18)

Parking and loading.

See Article VIII for the calculation of parking and loading requirements associated with proposed development and land uses.

No activity on shipping or receiving docks, bays or lots shall be permitted within 100 feet of an abutting R-1, R-2 or R-3 District between the hours of 9:00 p.m. and 6:00 a.m. Shipping and receiving docks, bays or lots shall be screened from view of adjacent properties and streets. Methods for such screening shall include either the use of landscaping, walls or fences with a minimum opacity of 80% and a minimum height of eight feet.

Curb cuts and driveways for parking areas shall be determined based upon the provisions of Chart E.[16]

[16]

Editor's Note: Chart E is included as an attachment to this chapter.

Within the Mixed Use District, parking shall be located at the rear or side of a building. If located at the side, screening shall be provided at the front and side lot lines by landscaping or decorative walls or fences. Such screening shall be a minimum of three feet in height and shall have a minimum opacity of 80%.

An open-air parking lot shall be screened from the street by low hedges or walls not less than three feet and not more than five feet in height. The minimum opacity of such hedges or walls shall be 70%. Additional landscaping of trees within parking lots shall be planted in accordance with the Subdivision and Land Development Ordinance of the Borough.[17]

[17]

Editor's Note: See. Ch. 182, Subdivision and Land Development.

Shared parking is encouraged especially in relation to any transit-oriented development and/or development of a commuter rail station.

Areas used for primary circulation, for frequent idling of vehicle engines or for loading activities shall be designed and located to minimize impacts on adjoining lots, including provisions for screening or baffling.

(19)

Service areas.

Dumpsters and permanently placed refuse receptacles must be located at least 20 feet from adjacent residential uses. Dumpsters shall be screened from view of adjacent properties and streets.

Screening of exterior equipment. To maintain the character and integrity of surrounding neighborhood development, mechanical equipment, including but not limited to electrical, HVAC, utility service and communication devices, shall be screened by a masonry wall with a minimum height of six feet or located on one of the following:

Located on principal building rooftop; or

Located within an accessory structure with the method of enclosure and access to be approved by the Borough.

Rooftop mechanical equipment shall be screened from view. The method of screening shall be subject to Borough review and approval.

Design enhancements. The Borough of Oakmont seeks to maximize infrastructure investments and the use of developable land while continuing to provide its residents quality development comparable to that which has previously been constructed within the community and in the spirit of traditional neighborhood development as permitted by the Pennsylvania Municipalities Planning Code.[18] To achieve this, a landowner and/or developer shall incorporate a range of design components as part of proposed development within the Mixed Use District.

Methods.

Architectural palette. An architectural palette for proposed development shall be established. The architectural palette shall address the following:

Architectural compatibility.

Human-scale design.

Integration of uses.

Encouragement of pedestrian activity.

Buildings that contain special architectural features to signify entrances to development and important street intersections.

Facade and roof treatment.

Walls facing a public right-of-way shall be varied to reduce the scale of large walls and to complement the character of existing walls along boulevards within the Borough. Street-level facades at these locations shall be designed to provide a pedestrian scale consistent with that of development on existing Allegheny River Boulevard/Allegheny Avenue. Facades shall employ the use of windows, variations of material, entrances and other features along no less than 75% of their length.

The use of highly reflective surfaces, including reflective glass and reflective metal roofs with a pitch of more than a run of seven to a rise of 12, shall be prohibited. This prohibition does not apply to solar panels and copper or painted metal roofs.

Ground floor transparency. To promote pedestrian safety and promote a sense of community, nonresidential uses shall have 50% of the wall surfaces at street level consist of clear glass windows and doors to allow undisturbed view into the building.

Doorways and entrances. To increase pedestrian safety and enhance circulation, principal entry doors shall be oriented toward a boulevard, urban street or neighborhood street. They should also be recessed, covered or otherwise clearly identifiable through the use of architectural design elements and be well lighted.

Lighting. In addition to the requirements of § 205-701, the landowner and/or developer shall match the scaling of lighting fixtures with the scale of the street and development upon which they are located.

Site plan review. Site plan review shall be completed in accordance with § 205-602 and approval shall be granted in accordance with the provisions of this section.

Performance standards: see Borough of Oakmont Zoning Chapter Article XI.

[18]

Editor's Note: See 53 P.S. § 10101 et seq.

Coordination of development shall be done in accordance with flood hazard areas as shown on applicable Allegheny County and federal flood mapping.

Editor's Note: Said charts and tables are included as attachments to this chapter.

§ 205-307 Mixed Use District 2 (MXD-2) development.

NOTE: See also Attachment Charts (D-G) and Tables (1-2).[1]

Development regulations.

Site standards.

Thoroughfare typology.

Editor's Note: See 53 P.S. § 10101 et seq.

To maintain the integrity of existing vehicular and pedestrian circulation occurring throughout the Borough, the thoroughfare typology shall consist of the following:

Urban streets;

Neighborhood streets; and

Alleys.

Editor's Note: Chart E and Table 1 are included as attachments to this chapter.

To further maintain the integrity of the Borough's existing vehicular and pedestrian circulation, interconnections of compatible volume capacity shall occur between existing and proposed streets.

The Borough's established street grid pattern shall be continued into the Mixed Used District so that:

Thoroughfares remain parallel and perpendicular to the Allegheny River; and

The characteristics of thoroughfares create an environment consistent with that found in existing surrounding development.

View corridors.

View corridors shall be provided at any thoroughfare terminating at the Allegheny River. View corridors, such as the extension of the existing California Avenue, shall remain unimpeded.

Within a view corridor, public pedestrian access shall be provided to the riverfront area.

See § 205-308, Riverfront Overlay District.

Pedestrian circulation.

The design of pathways and sidewalks shall create a safe pedestrian environment within the Mixed Use District. Pedestrian circulation shall be separated from vehicular traffic. Connections shall be made with the Arboretum Trail where feasible.

Sidewalks shall, at a minimum, be provided within designated public rights-of-way and should promote continuity and efficiency of pedestrian circulation between existing and proposed thoroughfares.

The scale and placement of sidewalks shall be provided in accordance with Chart E and Table 1.[4]

Editor's Note: Chart E and Table 1 are included as attachments to this chapter.

Where applicable, these standards shall supersede those established within Chapter 173, Streets and Sidewalk Regulations, and Chapter 182, Subdivision and Land Development.

Blocks.

The dimensions of blocks along the perimeter of the Mixed Use District shall be consistent with the scale of adjacent existing development.

A standard block width shall be a minimum of 120 feet and a maximum of 350 feet.

A standard block length shall be a minimum of 320 feet and a maximum of 560 feet.

Blocks greater than 200 feet in width shall require the inclusion of alleys at a minimum.

Building typology. (See Chart G.[5])

Type 1 includes building types such as single-family detached dwellings with an attached garage or a detached garage.

Type 2 includes building types such as single-family detached dwellings with a zero lot line, commonly also called "side yard houses." See Subsection B(5)(b).

Type 3 includes building types such as single-family attached dwellings, including porchyard townhouses or dooryard townhouses.

Type 4 includes building types such as multifamily dwellings, including courtyard apartments or multiuse structures, including shop front apartments.

Type 5 includes nonresidential buildings such as marina, coffee shop, medical or dental office or restaurants.

Editor's Note: Charts E and F are included as attachments to this chapter.

Use ratios.

Residential use ratios.

[i]

A development shall include at least three different residential building types from those listed in Subsection A(4)(a).

[ii]

To qualify as one of the three required building types, a building type must comprise at least 10% of the total dwelling units of the development.

[iii]

A minimum of 15% of the dwelling units shall be Type 1 buildings.

[iv]

A maximum of 50% of the dwelling units shall be Type 2 and/or Type 3 buildings.

[v]

A maximum of 50% of the dwelling units shall be Type 4 buildings.

Nonresidential use ratios. No more than 15% of the net site area may consist of Type 5 buildings.

Editor's Note: Chart G is included as an attachment to this chapter.

Building setbacks.

Side and rear building setbacks shall be provided for each lot. Such setback dimensions shall be defined by Chart F and Table 2.[7]

[7]

Editor's Note: Chart F and Table 2 are included as attachments to this chapter.

A zero lot line dwelling unit shall be permitted, on a lot, with the following requirements:

The structure shall be erected conterminous with an interior side lot line.

The wall of a structure erected conterminous with an interior side lot line shall be solid and opaque with no openings of any kind.

The eaves of a structure may not extend across the interior side lot line.

For the purposes of enabling the owner of a zero lot line dwelling to conduct maintenance and repair to such structure, a five-foot-wide maintenance easement located on the lot abutting the zero lot line dwelling shall be recorded as part of the deed for the dwelling. Such easement shall be an acknowledgement of the agreement with the homeowner or landowners' association and the abutting landowner.

Building height.

[8]

Editor's Note: Chart E and Table 1 are included as attachments to this chapter.

Building length.

The maximum length of a building, or a series of buildings, containing single-family residential uses shall be 160 feet.

The maximum length of a building, or a series of buildings, containing multifamily uses and/or nonresidential uses shall be 320 feet.

A garage entry may not face a neighborhood street unless it is a minimum of 20 feet behind the front building face of the principal building.

[9]

Editor's Note: Tables 1 and 2 are included as attachments to this chapter.

Nonresidential uses are encouraged to be sited on corner lots or, in the case of multiuse buildings with commerce, on the ground-floor corner of the building.

Accessory buildings.

The location and setbacks relevant to accessory buildings shall be as defined by Charts E and F and Tables 1 and 2.[10]

[10]

Editor's Note: Said charts and tables are included as attachments to this chapter.

(9)

Garages.

The maximum height of a flat-roofed garage is limited to 15 feet and the maximum height of a peak-roofed garage is limited to 18 feet.

The maximum gross floor area shall be 600 square feet.

(10)

Fences and walls: see § 205-314.

Requirements outlined in Chart F and Table 2 [11] supersede those defined by § 205-314.

[11]

Editor's Note: Chart F and Table 2 are included as attachments to this chapter.

Lots.

Lot dimensions.

The scale, along with width and depth requirements, associated with each lot shall be created to support its development and to complement surrounding lots.

The minimum width of an interior lot shall be 16 feet.

The minimum width of a corner lot shall be 24 feet.

The minimum depth of a lot shall be 125 feet.

To complement the character of existing surrounding Borough development, the overall width of a lot should be based upon increments of the minimum interior lot width defined by Subsection B(11)(a).

Lot coverage: See Chart F.[12]

[12]

Editor's Note: Chart F is included as an attachment to this chapter.

(12)

Relationship of thoroughfares and buildings.

Thoroughfares shall be located to promote interconnectivity and to sustain density and intensity along rights-of-way throughout the development.

The relationships between buildings and thoroughfares shall be defined in accordance with Chart G, Permitted Building Types by Thoroughfare.[13]

[13]

Editor's Note: Chart G is included as an attachment to this chapter.

Such relationships shall provide adequate air and light as well as ensure compatible densities.

In general, similar building types with compatible architectural scales should front both sides of a thoroughfare. Dissimilar land uses should abut rear lot lines or across alleys.

(13)

Permitted land uses: see Chart C.[14]

[14]

Editor's Note: Chart C is included as an attachment to this chapter.

Common open space.

Common open space.

Common open space requirements do not need to be met for development within 200 feet of Plum Creek as measured from the top of the bank under normal water conditions.

General requirements.

Common open space, passive urban parks and recreation open space land shall be deed restricted or placed within a trust or conservancy to prohibit future subdivision or development.

Common open space and passive urban parks shall generally be designed to abut or connect to adjacent or potential open space parcels to create an integral natural and/or urban greenway system.

A pedestrian path system of sidewalks and trails, as appropriate, shall be designed to connect residential areas, commercial areas, passive urban parks and common open space.

Passive urban parks shall be provided at a rate of 0.0025 acre per dwelling unit and shall be calculated in addition to the required 10% common open space. Urban parks shall remain in perpetuity.

Passive urban parks shall be located on a generally flat buildable land and scattered throughout the mixed use development to provide convenient access by residents in the various neighborhood areas.

[d]

(15)

Recreation open space.

Recreation open space shall be provided at a minimum of 10% of the gross site area. Rights-of-way shall not be included in the calculation of required recreation open space.

Recreation open space requirements do not need to be met for development within 200 feet of Plum Creek as measured from the top of the bank under normal water conditions.

Size and shape. Size and shape shall be suitable for development as a park, and no single side of the land shall amount to more than 35% of the perimeter.

Maximum finished slope and land disturbance. The finished grade shall have a slope of 4% or less.

Pedestrian access shall be accessible to each dwelling unit in the development via pedestrian easement or dedicated rights-of-way with sidewalks.

Riverfront access shall be provided with pedestrian connections to the Allegheny Riverfront and strengthen the sense of community.

(h)

Utilities and vegetation shall be in reasonable proximity to utilities, including water, sanitary sewer, electric, and shall have established vegetation thereon.

(i)

Use limitations shall be free from encumbrances or liens which would prevent, limit or restrict its use in any way.

(j)

Recreation open space shall not include areas defined as wetlands by either the Army Corps of Engineers or the Pennsylvania Department of Environmental Protection.

(k)

Recreation open space shall not include any areas defined as floodplains, including floodway and floodway fringe areas, by the Federal Emergency Management Agency.

(l)

Utility easements. Not more than 15% can be encumbered by utility easements other than those servicing the parcel.

(m)

(n)

Twelve percent of the site area for recreation open space equals 2% floor area increase or 0.5 dwelling unit per acre.

Fifteen percent of the site area for recreation open space equals 5% floor area increase or one dwelling unit per acre.

Twenty percent of the site area for recreation open space equals 10% floor area increase or two dwelling units per acre.

(o)

In accordance with the Borough's regulations, a fee, as determined by the Borough, may be paid if a dedication is not made.

(16)

Plum Creek.

To the maximum extent feasible, any new construction or development on a site which is partially within a floodway shall be located on portions of the site which are not within the floodway.

To the maximum extent possible, in maintaining the character and use of adjacent areas, public access to the creek shall be provided in connection with any new development or construction.

Borough Council may impose additional restrictions reasonably necessary to protect the health, safety or welfare; to protect the capacity of any floodplain areas; and to improve or maintain the scenic quality of Plum Creek.

The Borough Council may grant an increase in density to the lot(s) if the construction of unencumbered pedestrian access for the entire length of the lot(s) is provided adjacent to Plum Creek.

(17)

Ownership and maintenance.

As needed, the landowner and/or developer shall establish a land/homeowners' association(s) in accordance with the following provisions:

The association shall be established as an incorporated organization(s) operating under recorded covenants and deeds.

The landowner, developer and/or association declaration of covenants, conditions and restrictions shall, as a minimum, establish the following:

Description of obligations of the association to the members and to preserve common open space.

Description of membership and voting rights of each unit member, including any distinction between membership classes.

If the developer or landowner proposes to construct the project over a period of separate phases, the association shall also be implemented in phases consistent with the development time schedule.

Landscaping.

Editor's Note: See Ch. 160, Shade Trees.

(19)

Parking and loading.

See Article VIII for the calculation of parking and loading requirements associated with proposed development and land uses.

Curb cuts and driveways for parking areas shall be determined based upon the provisions of Chart E.[16]

[16]

Editor's Note: Chart E is included as an attachment to this chapter.

[17]

Editor's Note: See Ch. 182, Subdivision and Land Development.

Shared parking is encouraged especially in relation to any transit-oriented development and/or development of a commuter rail station.

(20)

Service areas.

Dumpsters and permanently placed refuse receptacles must be located at least 20 feet from adjacent residential uses. Dumpsters shall be screened from view of adjacent properties and streets.

Located on principal building rooftop; or

Located within an accessory structure with the method of enclosure and access to be approved by the Borough.

Rooftop mechanical equipment shall be screened from view. The method of screening shall be subject to Borough review and approval.

See Table 1: Thoroughfare Typology and Table 2: Building Typology in the Attachments section.[18]

[18]

Editor's Note: Tables 1 and 2 are included as attachments to this chapter.

Design enhancements. The Borough of Oakmont seeks to maximize infrastructure investments and the use of developable land while continuing to provide its residents quality development comparable to that which has previously been constructed within the community and in the spirit of traditional neighborhood development as permitted by the Pennsylvania Municipalities Planning Code.[19] To achieve this, a landowner and/or developer shall incorporate a range of design components as part of proposed development within the Mixed Use District.

Methods.

Architectural palette. An architectural palette for proposed development shall be established. The architectural palette shall address the following:

Architectural compatibility.

Human-scale design.

Integration of uses.

Encouragement of pedestrian activity.

Buildings that contain special architectural features to signify entrances to development and important street intersections.

Facade and roof treatment.

Site plan review. Site plan review shall be completed in accordance with § 205-602, and approval shall be granted in accordance with the provisions of this section.

Performance standards: see Borough of Oakmont Zoning Chapter Article XI.

[19]

Editor's Note: See 53 P.S. § 10101 et seq.

Coordination of development shall be done in accordance with flood hazard areas as shown on applicable Allegheny County and federal flood mapping.

Editor's Note: Said charts and tables are included as attachments to this chapter.

§ 205-308 Riverfront Overlay.

In recognition of the commonwealth's trusteeship of the rivers for the benefit of all people, the Riverfront Overlay (RO) District is intended to:

Maintain open space intended for public access;

Improve and conserve the natural and scenic qualities of the Borough's riverfront;

Create opportunities for water-oriented and water-enhanced uses; and

Expand opportunities along the Allegheny River for passive and/or active recreation that are consistent with the Borough's stewardship of its natural resources.

It is further intended that the regulations applicable to the RO District shall permit and encourage development in accordance with goals, objectives and policies created as part of the Borough's comprehensive planning-related efforts.

District boundaries. The RO District shall apply to land which is within 100 feet, when measured landward, from the water edge of the normal pool elevation of the Allegheny River as identified on the official Zoning Map within the Mixed Use District.

Land use. All uses permitted by right in the underlying zoning district shall be permitted by right in the overlay, provided that:

No development shall be permitted by right on slopes in excess of 25%;

No development shall be permitted by right within the identified floodplain area;

The development does not affect more than 20% of the site's land area which is in the RO District; and

It is not possible to locate the development on a portion of the lot which is not in the overlay.

The following uses shall be permitted by right in the RO District, in addition to those authorized in the underlying district:

Commercial boat operation;

Common open space;

Conservation;

Launching ramp;

Marina;

Recreation open space;

Restaurant; and

Other water-oriented and/or water-enhanced uses, as approved by Council.

Council may impose additional restrictions reasonably necessary to protect the health, safety or welfare; to protect the capacity of the identified floodplain area; and to improve or maintain the scenic quality of the rivers or riverfronts.

Development regulations.

The lot size, frontage, lot coverage and yard requirements specified for the base zoning district shall apply to lots located in the RO District.

New construction or development shall not be authorized in an identified floodplain area for any use not open to the public which does not provide direct access to a river, other than recreational uses involving no structures and open space uses, or for which an alternative location outside of an identified floodplain area is possible.

To the maximum extent feasible, any new construction or development on a site which is partially within a floodway shall be located on portions of the site which are not within the floodway.

To the maximum extent possible, in maintaining the character and use of adjacent areas, public access to the riverfront shall be provided in connection with any new development or construction.

The Council may grant an increase in density to the lot(s) if the construction of unencumbered pedestrian access for the entire length of the lot(s) is provided within the riverfront setback area.

Setbacks.

Required riverfront setbacks shall be landscaped and maintained in good condition. Riverfront setbacks shall be kept free of trash, storage and parked vehicles.

No structures or uses shall extend into required riverfront setbacks except those authorized for water-enhanced or water-oriented uses or structures whose function precludes site placement outside the riverfront setback.

Open space provided under this article shall provide the potential for continuous public access along the entire length of the riverbank on the applicant's property.

Council may grant a modification from the riverfront setback requirement, provided that landscaping, riverfront treatment, open space and the continuity of pedestrian access are in accordance with the purpose and intent of the RO District.

Height. The maximum height of any principal structure within the Riverfront Overlay shall be 35 feet.

Water-oriented and water-enhanced uses and structures. All water-oriented and water-enhanced uses and structures shall be subject to special review by the Borough Planning Commission. (See Article X.)

Natural feature conservation. On each lot, 50% of the land within the RO District shall be reserved/committed as conservation area. In order to ensure safety and security within conservation areas, conservation easement(s) shall be required to be dedicated to and maintained by the property's homeowners' association, equivalent entity or the public.

§ 205-309 General regulations.

Lots which abut on more than one street shall provide a required front yard depth along each street. See also the note "CORNER LOT" on Chart A.[1]

Editor's Note: Chart A is included as an attachment to this chapter.

All structures, whether open or closed, including porches, garages, carports, balconies or decks above normal grade level, shall not project into any minimum front, side or rear yard.

No open space contiguous to any building shall be enclosed upon or reduced in any manner except in conformity to the yard, lot area, building location, off-street parking space and such other regulations designated throughout this chapter. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter.

Nothing in this chapter shall preclude the construction, operation and maintenance of public utility distribution and transmission or collection systems. Such systems may include poles, wires, underground pipes, transformers, conduit, appurtenances for the transmission and/or distribution of the commodity or service pertaining to the public utility. Structures permitted for these systems shall be necessary to the natural distribution and transmission or collection and shall be in harmony, as much as possible, with the uses permitted in the zone where said building or structure is located. See § 205-509, Telecommunications tower.

Landscaping. All disturbed areas of developed property shall be suitably landscaped with trees, shrubs, ground cover or grass to prevent dust, erosion or mud conditions.

Restricted building sites. Nothing may be built within or above an easement. Nothing may be built on a site known to be landslide prone or which has a slope over 25% unless the foundation plans have been approved by a registered geotechnical or structural engineer and submitted with the request for a building permit. Issuance of a building permit is not a warranty against structural damage resulting from subsidence due to improper engineering, fill or previous site activities.

Clear-sight triangle. On a corner lot no structure, fence, wall, hedge or other planting shall be erected, placed, planted or allowed to grow in such a way as to impede vision of pedestrian and vehicular traffic within clear-sight triangles on all corners between a height of 2 1/2 feet and seven feet above the center-line grades of intersecting streets. This shall apply to the clear-sight triangle area formed by the intersecting center lines of the street measured along each center line forming two sides of the triangle. The third side closes the triangle as it traverses the corner lot. There is no parking permitted within the sight triangle. See Borough of Oakmont Ordinance No. 018-78, Vehicle and Traffic Control, governing the use of streets and public highways.

§ 205-310 Commercial uses abutting residential zone.

Buffer and screening. Use abutting residential zone: buffer and screening. When a commercial use abuts a residential zone not separated by an alley or a road, special consideration shall be given to lighting, screening and noise levels so as not to interfere with or restrict the lawful use and enjoyment by others of their property. Additional buffer may be recommended in each particular conditional use or special exception depending on proposed use and as determined by the appropriate reviewing body. See § 205-702, Landscaping.

Rear yard and building height. The required rear yard on a site proposed for a commercial or institutional structure, when adjacent residential properties are not separated by a dedicated street or alley, may be reduced by 20% by providing a transitional buffer area (minimum 20 feet), which provides screening by landscaping, walls or mounding. In the Commercial Zone, all buildings proposed to be located within 40 feet of a residential property shall be limited to two stories in height.

§ 205-311 Stormwater drainage facilities.

Note: See § 205-708. Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Control measures shall include such actions as are required:

To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities.

To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.

§ 205-312 Swimming pool, private residential.

[Amended 2-18-2019 by Ord. No. O6-2019]

A permanent in-ground or aboveground private residential swimming pool, accessory to a one-family or two-family dwelling, may be located within a required rear yard, but shall not extend closer than 15 feet to a rear lot line and shall not extend closer to a side lot line than the required side yard depth. An in-ground pool shall be enclosed with fencing and gates/latching as required by the Borough Code (Chapter 186), International Residential Code and/or Uniform Construction Code, as applicable.

See also Borough Code Chapter 186, Swimming Pools.

§ 205-313 Satellite earth station antennas.

The Borough of Oakmont has determined that private satellite earth station antennas over two feet in diameter impact upon the surrounding neighborhood to a greater extent than other antennas and are hereby regulated as follows:

Satellite earth station antennas over two feet in diameter may not be erected on any part of a principal or accessory structure nor on the buildable area of a lot between the front yard and a line parallel to the front line of the principal structure on the lot nor in the buildable area of the lot between the side yard and the principal structure on the lot.

§ 205-314 Permitted accessory uses/structures.

An accessory structure attached to a main building shall comply in all respects with the requirements of this chapter applicable to the principal building.

All accessory structures, except fences and walls, shall not project into or be placed in any minimum front, side or rear yard.

Fences and walls.

The maximum permitted height of an open fence (one with at least 80% voids) or a solid fence (one with less than 80% voids) or wall is six feet. An open fence around a tennis court may be 10 feet in height. A fence not exceeding 10 feet in height may be erected in any required yard for schools, playgrounds or parks or in any required side or rear yard in commercial or industrial districts.

The only fences permitted in front yards in residential districts are ornamental, limited to four feet in height. Fences of the chain link type, generally used for enclosure or containment, are not permitted in front yards. An "ornamental fence" is defined as one used to beautify or to enrich or improve the appearance of a property and/or a structure. Permitted are ornamental iron or aluminum fences (with safe picket tops), ornamental open wooden or wood picket fences or brick and stone walls or fences or walls combining these materials. Fences or walls shall have equally spaced open and closed sections of the same dimension. No opening shall be less than three inches.

Any fence through which an electric current can be passed, giving an electric shock to any person or animal touching it is not permitted.

Porches, decks, patios, tennis courts, private greenhouses and landscape structures. These accessory structures shall be permitted when not in violation of yard requirements. See Chart B, Area, Yard and Height Requirements.[1]

Porch. A porch is an exterior appendage to a building open on one or more sides, covered with a roof for outdoor living and usually serving as an approach or vestibule to a doorway. Porches shall not extend beyond the yard setback requirements. When enclosed on all sides, the enclosed area shall be defined as a room and an integral part of the house or building.

Deck. A floor-like area and surface wholly or partially attached to a home, on grade or above the ground surface, with or without access to surrounding yard. Such decks shall not infringe upon front, side and rear yard restrictions.

Patio. A patio is an on-grade surface area, usually paved, adjoining a house or freestanding and serving as an area for outdoor living. Such patios shall not infringe upon front, side and rear yard restrictions.

All of the above structures, including landscape structures such as gazebos, aerial walkways and picnic shelters, shall require a building permit.

Consideration should be given to protecting privacy of adjoining neighbors when constructing or adding to the structures listed above.

Editor's Note: Chart B is included as an attachment to this chapter.

Garden sheds, private garage and carport. Garden sheds, private garages and carports may be located in the rear or side yard of a principal building, provided that they do not violate any front yard setback requirements and are not located within 10 feet of any dwelling and in no case closer than five feet from any side and/or rear lot line. The maximum height of a flat-roofed garage is limited to 15 feet and the maximum height of a peak-roofed garage is limited to 18 feet. Utility sheds shall be permitted without a building permit if they meet above requirements and do not exceed in size eight feet by 10 feet.

As of the date of this chapter, no subsequent new or remodeled accessory building may be used as a residential unit.

Short-term rentals.

[Added 8-19-2019 by Ord. No. O14-2019]

Short-term rentals are permitted as an accessory use within the R-1, R-2, R-3, PRD, MXD, MXD-2 Zoning Districts.

The dwelling must be the permanent address of the owner or lessee and the owner or lessee must occupy the dwelling for at least six months of the calendar year. The owner or lessee shall register as a short-term rental with the Borough of Oakmont.

An owner or lessee of the dwelling may provide short-term rentals up to six times in one calendar year, whereas the maximum total number of days short-term rental activity shall be permitted to occur per dwelling unit shall not exceed 30 calendar days in one calendar year.

The short-term rental shall not permit more than two persons to occupy one bed.

If the short-term rental pertains specifically to couches, the short-term rental shall not permit more than one house guest to occupy one couch. Additionally, if the short-term rental does not offer private sleeping quarters, then the house guests shall be limited to one per dwelling at a time.

All activity at the short-term rental shall be subject to enforcement of the Borough's noise-, nuisance- and property maintenance-related ordinances, including but not limited to Chapter 205, Article XI, Performance Standards, § 205-1105, Borough Ordinance No. 42-2010, Chapter 132 and Chapter 147, Property Maintenance.

Any noise caused by the house guests that disturbs the neighboring dwellings shall not be permitted, and if the house guest(s) is convicted for any disturbance(s) of the peace, the house owner or lessee shall not be permitted to continue to offer short-term rentals.

Within the context of short-term rentals, a meeting room shall refer to the location within the dwelling unit where people gather for personal and/or professional purposes.

(9)

The short-term rental shall provide parking in accordance with Chart H line item Multifamily, apartment dwelling. All house guest parking exceeding one space shall be private off-street parking.

§ 205-315 Wind-related systems.

Windmills, windwheels, or wind energy conversion systems (WECS) shall be permitted in all zoning districts, subject to the following conditions:

No said systems or equipment shall be erected in a front yard or within the area between a front lot line and the front building facade of the principal building on the lot.

The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and shall not be more than 45 feet in height.

The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.

All electric lines/utility wires shall be buried underground.

Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed by a six-foot fence with screening planting in accordance with this chapter. The supporting structure shall also be enclosed by a six-foot fence, unless the base of the tower is not climbable for a distance of 12 feet.

When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet.

One windmill, windwheel or WECS shall be permitted per lot.

The resultant energy harnessed from the wind shall not be used on property other than that on which located, unless all applicable cogeneration requirements are met.

The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 days.

The applicant shall demonstrate that any noise from the wind-generating unit shall not exceed 45 dBA measured at the property line.

A "decibel" shall mean a unit for measuring the relative intensity of sounds. More specifically, a unit for expressing the ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.

A "weighted" sound level shall mean the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of 20 micropascals using the "A" weighted network (scale) at slow response. The unit of measurement shall be defined as dB(A).

§ 205-316 Rooftop solar systems.

This section applies to building-mounted and ground-mounted systems installed and constructed after the effective date of the section. Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this section.

Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper permit and upon compliance with all requirements of this section and as elsewhere specified in this section. Building-integrated systems, as defined by this section, are not considered an accessory use and are not subject to the requirements of this section.

Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures. Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district. See Graphic 1: Permitted Location: Building Mounted Solar PV System Isometric in Amendments section.[1]

The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[2] and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.

Editor's Note: See 35 P.S. § 7210.101 et seq.

All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania. The solar PV system must be constructed to comply with the most recent fire code as amended and adopted by the Commonwealth of Pennsylvania.

Editor's Note: Graphics are included in an attachment to this chapter.

For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

Ground-mounted systems. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts.

Notwithstanding the height limitations of the zoning district:

For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.

For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached. See Graphic 3: Height Restriction, Sloped Roof Facing Rear or Side Yard: Building-Mounted Solar PV System Elevation in Amendments section.[3]

Editor's Note: Graphics are included in an attachment to this chapter.

Notwithstanding the height limitations of the zoning district:

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached. See Graphic 4: Height Restriction, Flat Roof: Building-Mounted Solar PV System Isometric in Amendments section.[4]

Editor's Note: Graphics are included in an attachment to this chapter.

Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed. See Graphic 5: Height Restriction: Ground-Mounted Solar PV System Elevation in Amendments section.[5]

Editor's Note: Graphics are included in an attachment to this chapter.

Building-mounted systems on a sloped roof shall not be required to be screened.

The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the parcel's lot coverage limitations for the zoning district.

Building-mounted systems:

If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section. See Graphic 6: Nonconforming Building, Sloped Roof Facing Front Yard: Building-Mounted Solar PV System Elevation, and Graphic 7: Nonconforming Building, Sloped Roof Facing Rear or Side Yard: Building-Mounted Solar PV System Elevation in Amendments section.[6]

Editor's Note: Graphics are included in an attachment to this chapter.

If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this section. See Graphic 8: Nonconforming Lot, Setbacks, and/or Lot Coverage Limits: Building-Mounted Solar PV System Isometric in Amendments section.[7]

[7]

Editor's Note: Graphics are included in an attachment to this chapter.

Ground-mounted systems:

If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation. See Graphic 9: Nonconforming Lot, Setbacks: Ground-Mounted Solar PV System Isometric in Amendments section.[8]

[8]

Editor's Note: Graphics are included in an attachment to this chapter.

No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in the Zoning Ordinance.

The Borough reserves the right to inspect a solar PV system for building or fire code compliance and safety.

If upon inspection the Borough determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Borough may order the landowner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the landowner of his or her right to appeal such determination. If a landowner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Borough may enter the lot, remove the system and charge the landowner for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the landowner's expense. In addition to any other available remedies, any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Borough shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to, filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Borough in connection with the removal work and the filing of the Borough's claim.

Before any construction or installation on any solar PV system shall commence, a permit issued by Oakmont Borough shall be obtained to document compliance with this section.

§ 205-317 VPO View Protection Overlay.

Objective. The View Protection Overlay Zoning District establishes development standards by encouraging responsible development within a defined view corridor. These standards accomplish this by:

Specifying zoning parameters that complement the realigned and reconstructed Hulton Bridge-Hulton Road Corridor (the Corridor) and its intersections with Allegheny River Boulevard, Allegheny Avenue, 2nd Street, 3rd Street and the Arboretum Trail.

Fostering improvements along the Corridor and creating a "gateway" into Oakmont.

Instituting controls for development/redevelopment along the Corridor consistent with Borough's Comprehensive Plan.

Ensuring the coordination of future improvements with features of the Arboretum Trail.

See Example A and B in Attachments.[1]

Editor's Note: Examples A and B are included as attachments to this chapter.

District boundaries. The VPO shall apply to parcels adjacent to Hulton Road, between the Hulton Bridge and Allegheny River Boulevard, as identified on the Borough's Zoning Map.[2]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

Land use: see base zoning district requirements.

Lot, yard and height requirements of principal buildings: same as base zoning district unless the following regulations are more stringent:

Front yard: 15 feet minimum; 25 feet maximum.

Rear yard: same as the base district.

Side yard: five feet minimum; 15 feet maximum.

Height: No principal building on a lot within the Overlay shall be less than 20 feet. The maximum height of a principal building shall not exceed that which is defined for the underlying zoning district. The Borough encourages the use of the maximum building height for all lots.

Floor area ratio: 0.5 maximum.

Impervious surface coverage including all roofed and paved areas: 50% maximum.

Development standards.

Parking and pavement.

The lesser of the two shall apply:

For new development or redevelopment of a lot, a maximum of 25% of the required number of parking spaces shall be permitted between the Hulton Road right-of-way and the front building facade; or

When viewing the lot from side lot line to side lot line from the right-of-way adjacent to the front lot line to the building front facade, paving shall not occupy more than 50% of said area.

The use of pervious pavement within parking areas is encouraged.

In order to optimize vehicular and pedestrian safety as well as minimize extent of impervious paving within the Overlay, shared driveways and parking areas shall be permitted. A signed agreement between both property owners related to access shall be submitted at the time of the final land development plan application or building permit, as applicable.

Signage.

The total square footage of building signage shall not exceed 10% of the square footage of the front building facade.

Ground signs shall be the only type of freestanding signage that is permitted in the VPO and said sign shall not exceed five feet in height and eight feet in width including the base/structure to which it is affixed.

Buffer yards and landscaping.

For development which uses impervious paving within parking and service areas, one native deciduous tree shall be planted on the lot for every five parking spaces provided. For development which uses pervious paving, one native deciduous tree shall be planted on the lot for every 10 parking spaces provided so long as not less than three deciduous trees are on the lot.

A minimum seven-foot-wide buffer yard shall be planted with a mixture of the landscaping species native to Pennsylvania. Tree planting shall be submitted to the Shade Tree Commission and subject to approval.

Landscaping design and species shall encourage infiltration, pollution reduction, and reduction of runoff water quantity through natural processes.

Solar reflectance.

An applicant shall strive to minimize the amount of solar reflectance created by human activity and maximize the extent to which a tree canopy is established within five years over areas designated for vehicular circulation and/or parking created by the applicant.

An applicant shall establish a tree canopy or otherwise utilize materials within the construction of the lot that shall create the equivalent effect of what the five-year tree canopy would produce, but not less than 50% coverage.

All paving in a parking and service area shall be under tree canopy within 10 years.

On the plan included within the application, the applicant shall show the canopy for the following:

At the time of installation of the new trees.

Projected at five years.

Projected at 20 years.

If an applicant is unable demonstrate that any portion of a parking and circulation area shall be under tree canopy in 10 years then the applicant shall construct said portion(s) of the parking area with material(s) that has a Solar Reflectance Index of at least 29.

To prevent runoff of unwanted contaminants into the Borough's watershed, the Borough recommends, that on an occasion if and/or when pesticides are applied, said pesticides are nonpersistent.

No increase in stormwater runoff shall occur as a result of development.

Stormwater management bioretention, also known as "rain gardens," shall be a part of development within the Overlay. Properly designed facilities shall capture, retain, and infiltrate from one-eighth-inch to one-inch rain events. Runoff from a one-inch rain in 24 hours shall drain within one to two days maximum. In designing for ten-to-twenty-five-year storms, an integrated system of bioretention shall be integrated into the land development. The purpose of the system shall be to mitigate peak flows and reduce downstream nuisance flooding. Construction of systems shall be in accordance with Borough construction standards and PA Stormwater BMP Manual, 2006.

Lighting.

All exterior lighting shall be of a full cutoff design and shall not exceed 25 feet in height.

Lamps installed shall be in accordance with Borough standards and/or to match the established lighting improvements of the Borough's adjacent commercial corridors.

Exterior lighting shall have an average of 0.25 footcandle.

Exterior lighting shall not exceed 1.5 footcandles.

Lighting shall not exceed 0.0 footcandle at a property line as determined by the Borough or cause any other spillover onto an adjacent lot or right-of-way.

The Borough shall review and approve security lighting on a case-by-case basis based upon but not limited to the presence of surrounding residential land uses.

Trail linkages. All development shall be required to demonstrate that the proposed development includes trail linkages to any adjacent trails including the Arboretum Trail.

The orientation of pedestrian circulation shall be oriented toward Hulton Road and the Arboretum Trail where defined by the Borough.

Service.

Dumpsters and permanently placed refuse receptacles must be located in rear or side yard setbacks and at least 20 feet from adjacent residential uses. Dumpsters shall be screened from view of adjacent lots, streets and any trail or pedestrian connection.

To maintain the character and integrity of the VPO and surrounding development, mechanical equipment, including but not limited to electrical, HVAC, utility service and communication devices, shall be screened by a masonry wall with a minimum height of six feet or located on one of the following:

Located on principal building rooftop; or

Located within an accessory structure with the method of enclosure and access to be approved by the Borough.

Roof top mechanical equipment and canopy lighting shall be screened from view. The method of screening shall be subject to Borough review and approval.

No activity on shipping or receiving docks, bays, or lots shall be permitted within 100 feet of an abutting residential-zoned lot(s) or where residential land use(s) exist between the hours of 9:00 p.m. and 6:00 a.m.

Shipping and receiving docks/bays/lots and/or fuel service pumps shall be screened from view of adjacent properties and streets. Methods for such screening shall include either through the use of landscaping, walls or fences with a minimum opacity of 80% and a minimum height of eight feet when visible from adjacent residential lots or three feet from all other adjacent lot lines.

Roof-mounted mechanical equipment. Roof-mounted mechanical equipment shall be screened by a parapet wall or similar feature that is an integral part of the building's architectural design. The parapet wall or similar feature shall be of a height equal to or greater than the height of the mechanical equipment being screened. Roof-mounted mechanical equipment, except solar energy collection systems, is prohibited on single-family residential dwellings.

Wall-mounted mechanical equipment. Wall-mounted mechanical equipment, except air-conditioning equipment (e.g., window AC units), that protrudes more than six inches from the outer building wall shall be screened from view by structural features that are compatible with the architecture and color of the subject building. Wall-mounted mechanical equipment that protrudes six inches or less from the outer building wall shall be designed to blend with the color and architectural design of the subject building.

Ground-mounted mechanical equipment. Ground-mounted mechanical equipment shall be screened from view by landscaping or by a decorative wall that is compatible with the architecture and landscaping of the development site. The wall shall be of a height equal to or greater than the height of the mechanical equipment being screened.

(h)

Utilities.

Utility poles (other than wooden poles erected by a public utility company) and supports shall be painted or be of materials neutral in color that complements surrounding land uses.

All transformers and other facilities and equipment, including telecommunications equipment, shall either be screened through the use of architectural materials compatible with the architectural materials present on the site or, alternatively, through landscape screening.

Such screening shall be adequate to completely screen such facilities from all rights-of-way.

Incentives.

Building materials. The Borough seeks to promote the continuation of the community's historic building fabric and character through encouraging the use of natural building materials, such as brick, wood or stone. The Borough also promotes the importance of using recognized energy-efficient and/or certified, sustainable building materials to reduce negative impacts on the environment. The Borough encourages all landowners to construct new structures and/or renovation of existing structures to meet the criteria of the United States Green Building Council's for LEED® New Construction and Major Renovation Projects or Core and Shell Projects and in doing so, the Borough may grant the applicant a consolidated application process, as defined herein.

Where materials as identified in the above criteria are not proposed for construction of exterior walls, a landowner/developer shall provide the Borough with:

A projected energy performance analysis of proposed materials in comparison to a certified sustainable equivalent product/system. A copy of energy performance analysis criteria is located on file in the Borough Municipal Office.

An inventory of building materials, by parcel, for all surrounding parcels and those parcels within a five-hundred-foot radius from the proposed structure.

Such an analysis is specifically required when the following materials are proposed:

[i]

Large split-face blocks (e.g., eight inches by 16 inches or larger).

[ii]

Tilt-up concrete panels.

[iii]

Prefabricated steel panels.

[iv]

Standard concrete masonry units.

[v]

Vinyl and aluminum siding.

[d]

To further promote historic compatibility as well as energy performance efficiencies, exterior facade colors are strongly recommended to be low reflectance, subtle, neutral, or earth tone. The use of high-intensity colors, metallic colors, black and fluorescent colors is discouraged.

Special architectural features. For landowners and/or developers that incorporate special architectural features as defined by the Borough that are reflective of buildings of historical significance within the Borough, the Borough may grant the applicant a consolidated application process.

Landscaping. For landowners and/or developers that submit a long-term landscape management system to the Borough as part of the application and the Borough's finds acceptable, the Borough may grant the applicant a consolidated application process.

Stormwater. For landowners and/or developers that utilize rain gardens, pervious pavement, subsurface stormwater management or another Borough-Engineer approved system to control all stormwater on site, the Borough may grant the applicant the following:

Increased permitted building coverage of an additional 10%.

Multiple buildings permitted to be constructed on one lot.

Building spacing minimum (of multiple buildings) of 15 feet.

Shared parking. For landowners and/or developers that utilize shared parking, the Borough may grant the following:

Increased permitted building coverage of an additional 15%.

Multiple buildings permitted to be constructed on one lot.

Building spacing minimum (of multiple buildings) of 15 feet.

Maximum building height increase of 35%.

Defined setbacks adjusted by 30%.

Parking ratio reduced by 30%.

Shared access. For landowners and/or developers that utilize shared lot access, the Borough may grant the following:

Multiple buildings permitted to be constructed on one lot.

Building spacing minimum (of multiple buildings) of 15 feet.

Maximum building height increase of 35%.

Defined setbacks adjusted by 30%.

Parking ratio reduced by 30%.

Consolidated review process for qualifying applications.

Examples.

Examples A and B in the chapter appendix illustrate the general intent of parameters and anticipated outcome of the location of improvements and impact of view along the Hulton Road Corridor.[3]