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Ordinance No. 908 East Pittsburgh Zoning Ordinance

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Ordinance No. 908 East Pittsburgh Zoning Ordinance Ordinance No. 908 East Pittsburgh Zoning Ordinance Allegheny County, Pennsylvania October 1, 2014 Prepared by: 1 2 Table of Contents Article 100. General Provisions ................................................................................................................... 4 Article 200. Definitions ............................................................................................................................... 5 Article 300. Establishment of Zoning Districts and Map .......................................................................... 20 Article 400. Overlays ................................................................................................................................. 21 Article 500. General Regulations ............................................................................................................... 22 Article 600. District Regulations ............................................................................................................... 28 Article 700. Signs ....................................................................................................................................... 36 Article 800. Conditional Uses .................................................................................................................... 47 Article 900. Special Exceptions ................................................................................................................. 82 Article 1000. Nonconforming Lots, Structures, Uses, and Signs .............................................................. 83 Article 1100. Administration and Enforcement ......................................................................................... 86 Article 1200. Natural Gas Regulations………………………………………………………………….100 Article 1300. Solar Systems ..................................................................................................................... 105 3 Article 100. General Provisions 101. Title. This Chapter shall be known and cited as the “East Pittsburgh Borough Zoning Ordinance.” 102. Defined words. Words used in a special sense in this chapter are defined in Article 200. 103. General Purpose. The general purposes, which are the basis for the provisions of this chapter, are set forth in the East Pittsburgh Comprehensive Plan. The zoning regulations and districts set forth in this chapter are made in accordance with the Comprehensive Plan for the general welfare of the Borough and are intended to include but not be limited to achieving the following purposes: A. To implement the policy goals and strategies of the Comprehensive Plan. B. To promote and facilitate coordinated and practical community development phased and located in relation to infrastructure facilities. C. To promote and facilitate provisions for adequate light and air, vehicle parking and loading spaces, transportation, and recreational facilities. D. To promote and facilitate preservation of the natural, scenic and historic values in the environment and conservation of wetlands, steep slopes, and floodplain areas. E. To prevent danger and congestion in travel and transportation, and loss of health, life or property from fire or flood. F. To provide for various dwelling types including single-family and two-family dwellings, and multifamily dwelling and mobile homes and mobile home parks. G. To accommodate reasonable overall community growth in accordance with the Comprehensive Plan. 104. Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued, pursuant to the use of buildings or premises and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other resolutions or agreements, the provisions of this chapter shall control. In interpreting the language of zoning ordinances to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the Borough, in favor of the property owner and against any implied extension of the restriction 105. Application of Requirements. A. The requirements of this chapter shall apply to all zoning districts, lots, structures, land developments, and subdivisions in the Borough. B. No structure or lot shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structural alteration made unless in conformity with this chapter. 106. Severability – If any of the provisions of the zoning ordinance becomes illegal, invalid, or unenforceable, that action shall not affect the validity or enforceability in the Borough of any other provision of the zoning ordinance. 4 Article 200. Definitions 201. Word usage. The following rules of construction shall apply to this chapter: A. The particular shall control the general. B. In case of any difference in meaning or implication between the text of this chapter and any caption or illustration, the text shall control. C. The word "shall" is mandatory and not discretionary. The word "may" is permissive. D. Words used in the present tense shall include the future; words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. E. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and/or "occupied for." 202. Definitions. Accelerated Erosion - The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone. Accessory Uses - A subordinate use which is clearly incidental and related to that of a main structure or main use of land. Accessory Structure - A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be an accessory to the use of the principal building. Accessory structures include garages, decks, and fences. Adult Entertainment Establishment - Any theater, shop, bookstore, model studio, sexual encounter center, massage, massage parlor, escort service, adult cabaret, adult motel or other establishment which at any time displays motion picture films, videotapes, books, magazines, publications or other forms of adult entertainment of a sexual nature or content including, but not limited to, the display of any motion picture, videotape, book, magazine, dancing or any other form of live theatre production and entertainment which is X-rated, is pornographic or obscene, depicts any live or simulated sex act or includes exposed male or female genitalia. Inclusive in this definition of Adult Entertainment are the following means of representing activities herein described: A. Live theatre production – any dramatic, musical or comedic production performed in the presence of a live audience. B. Massage – any method of treating superficial soft parts of the human body, for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading, or any similar treatment, accomplished by hand, or any part of the human body, or by the use of any instrument. C. Massage Parlor – any building or structure or portion thereof, located within the district, which is opened to members of the general public, with or without the payment of a fee, at which massage services are offered. D. Model studio 1. Any place where there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for person who pay a fee, or other consideration or compensation, or a gratuity, for the right or 5 opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the place. 2. Any place where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted. 3. Exception. The words “model studio” do not include: (a) Any studio which is operated by any State college or junior college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating has met the requirements established by the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma; or 4. Any place where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in subsection 1 of this subsection. E. Motion Picture Film – shall
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