A.
This article establishes additional specific requirements
for certain specific uses, in addition to the sign, parking, floodplain,
environmental and other general requirements of this chapter and the
requirements of each district. Wherever two requirements conflict,
the more restrictive requirement upon the applicant shall apply.
B.
For uses allowed within a specific zoning district as special exception or conditional uses, see the procedures and general standards in §§ 375-12 and 375-18. Sections 375-30 and 375-31 list a set of additional standards to be used in determining whether a proposed special exception or conditional use should be approved.
Each of the following uses shall meet all of the following requirements
for that use:
A.
Adult use. (This is limited to the following: adult bookstore, adult
movie theater, massage parlor or adult live entertainment use.)
(1)
No such use shall be located within 500 linear feet of the lot line
of any primary or secondary school, place of worship, public park,
day-care center, child nursery, library, existing dwelling not owned
by the same owner as the adult use or any site marked as a proposed
future park location on any City Official Map.
(2)
No such use shall be located within 1,000 linear feet of any existing
adult use.
(3)
A thirty-five-foot buffer yard shall be provided along the side and rear lot lines in accordance with § 375-64, but with plantings of an initial minimum height of five feet.
(4)
No pornographic material, displays or words shall be placed in view
of persons who are not inside of the establishment. Definite precautions
shall be made to prohibit minors from entering the premises.
(5)
No such use shall be used for any purpose that violates any federal,
state or City law.
(7)
No such use shall be allowed in combination with the sale of alcoholic
beverages.
(8)
The use shall not include the sale or display of obscene materials,
as defined by state law, as may be amended by applicable court decisions.
(9)
These uses are specifically prohibited in all districts except where specifically permitted by Article III.
(10)
A minimum lot area of one acre is required, unless a larger
lot is required in the applicable district regulations.
(11)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers. No room
of any kind accessible to customers shall include less than 150 square
feet.
(12)
No use may include live actual or simulated sex acts or any
sexual contact between entertainers or between entertainers and customers
or between customers.
(13)
Only lawful massages as defined by state court decisions shall
be performed in a massage parlor.
(14)
All persons within any adult use, other than performers in an
adult live entertainment use, shall wear nontransparent garments that
cover their genitals and the female areola.
(15)
Unless the Zoning Officer agrees in advance to send such notices,
the applicant shall provide a written affidavit stating that he has
mailed or delivered a written notice of the proposed hearing date
to all property owners of record within 1,000 feet of the subject
property at least 10 days prior to the hearing date.
(16)
Any application for such use shall state the names, home addresses
and home phone numbers of all individuals intended to have more than
a five-percent ownership in such use or in a corporation owning such
use; an on-site manager responsible to ensure compliance with this
chapter; and any legal representative of the applicant. Such information
shall be updated twice a year in writing to the Zoning Officer.
D.
Heliport.
(1)
Minimum lot area: 15 acres.
(2)
The site and its design shall be approved by the Pennsylvania Bureau
of Aviation and the Federal Aviation Administration.
(3)
The proposed expected flight paths shall be designed to minimize
noise hazards to existing residences or approved residential developments.
(4)
The landing pad shall be a minimum of 300 feet from the lot line
of any existing dwelling which the applicant for heliport does not
own or have an agreement of sale. Any portion of a heliport shall
be 100 feet from any other lot line.
(5)
Conditions. The City Council, with advice by the Planning Commission,
may place such necessary and reasonable conditions on the use to carry
out the objectives of this chapter. These include limiting the types
and sizes of aircraft, office hours of operations, the numbers of
flights and the general direction of approach. However, such Board
shall not place any conditions on the use that will seriously interfere
with the safety of the operations.
E.
Animal cemetery.
(2)
The applicant shall prove to the satisfaction of the City Council,
with advice by the Planning Commission, that the use will be conducted
in such a manner that the public health and groundwater quality will
not be threatened.
(3)
Any crematorium shall be set back a minimum of 250 feet from any
residential lot line.
(4)
The applicant shall prove that there will be a long-term system to
ensure perpetual maintenance.
F.
Auto repair garage or auto service station.
(1)
Any spray paint work shall be performed within a building. All spray
painting shall require a fume collection system that directs fumes
away from any adjacent dwellings.
(3)
Outdoor storage of vehicles shall be set back a minimum of 20 feet
from a lot line of an existing dwelling.
(4)
Overnight outdoor storage of junk other than junk vehicles shall
be prohibited within view of a public street or a dwelling.
(5)
An individual junk vehicle (as defined by Article II) shall not be stored within view of a public street or a dwelling for a total of more than 20 days. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time.
(6)
Fuel pumps shall be at least 25 feet from the existing street right-of-way.
H.
Bed-and-breakfast use (see definition in Article II).
(1)
Minimum lot area of 7,200 square feet plus 300 square feet for each
sleeping in excess of four, provided that the prescribed yard, lot
width and height requirements for one-family dwelling are met.
(2)
Capacity. A maximum of five rental units.
(3)
Parking. 1.5 off-street parking spaces shall be provided for each
rental unit, in addition to two off-street parking spaces for the
owners/managers/employees. No more than two off-street parking spaces
shall be located within the required front yard. If more than four
parking spaces are provided within 50 feet of an adjacent dwelling,
the spaces shall be separated from the dwelling by plant screening
that primarily includes evergreens and that meets the approval of
the City Council.
(4)
At least one bathroom shall be provided for every three rental units,
plus one bathroom for resident operators.
(5)
Signs. There shall not be any signs, show windows or any type of
display or advertising visible from outside the premises, except for
a single sign which shall:
(6)
Appearance. The use shall have an appearance and character consistent
with a residence. The only exterior changes permitted to portions
of residential buildings that are visible from a public street shall
be for historic restoration, cosmetic improvements and any necessary
safety or handicapped access improvements.
(7)
The use shall be operated and managed on a daily basis by owners
permanently residing on the premises. A maximum of two nonresident
employees may regularly work on the premises.
(8)
Food. Separate cooking facilities shall not be provided in any guest
room. Food shall only be served to guests who are staying overnight
and not to the general public, unless a restaurant is also permitted
in the district and the requirements for a restaurant are also met.
(9)
The use shall be limited to transient visitors to the area. No guest
shall stay for more than 24 total days in any sixty-day period.
(10)
The use of any amenities, such as swimming pool or tennis court,
shall be restricted in use by overnight guests and permanent residents
of the establishment and their occasional invited guests, unless commercial
recreation is permitted in the district and the requirements for such
use are also met.
(11)
Utilities. The applicant shall prove that any existing on-lot
septic system is sufficient in size for the expected increase in flow
and that there is no visible sign of failure of the system. The applicant
shall also provide a written signed statement stating that any well
water to be used has been tested by a professional within the last
three months and found to be of satisfactory quality and quantity.
(12)
A bed-and-breakfast use may be within any principal building
that meets the requirements of this section. No new accessory building
shall be built to accommodate rental units or a restaurant. All existing
principal buildings shall be retained and the rooflines of such buildings
shall be maintained.
(13)
Recreation activity setback. All active recreation activities
shall be set back a minimum of 25 feet from lot lines and shall cease
within one hour after sundown.
(14)
Liquor. The use shall not operate in combination with a liquor
license, nor shall alcoholic beverages be sold by the drink. If alcoholic
beverages are made available to guests, all applicable state laws
regulating the alcoholic beverages shall be complied with.
I.
Boardinghouse (or rooming house).
(1)
Minimum lot area of 7,200 square feet plus 300 square feet for each
sleeping room in excess of four, provided that the prescribed yard,
lot width and height requirements for a one-family dwelling are met
unless a large lot is required by the applicable district regulations.
(2)
Each sleeping room shall be limited to two persons each.
(4)
Signs shall be limited to two wall signs with a maximum of two square
feet each.
(5)
Rooms shall be rented for a minimum period of five consecutive days.
J.
Car wash.
(1)
Traffic flow and ingress-egress shall not cause traffic hazards on
adjacent streets.
(2)
On-lot traffic circulation channels and parking areas shall be clearly
marked.
(3)
Adequate provisions shall be made for the proper and convenient disposal
of refuse. For a truck wash, the applicant shall provide evidence
that adequate measures will be in place to prevent pollutants from
being washed into the groundwater or waterways.
(4)
Water used in the operation shall be collected and recycled and shall
not flow into any storm sewers or waterways or the groundwater outside
of an on-lot septic system.
(5)
Water from the operation shall not flow onto sidewalks or streets,
to prevent hazards from ice.
(6)
Any car wash that is located within 250 feet of an existing dwelling
shall not operate between the hours of 9:00 p.m. and 7:00 a.m.
(7)
Any chemicals that may be hazardous to aquatic life shall be stored
within an area that will completely contain any leaks or spills.
K.
Cemetery.
(1)
Minimum lot area of two acres.
(2)
A crematorium, where allowed, shall be set back a minimum of 250
feet from all lot lines of existing dwellings and all undeveloped
residentially zoned lots.
(3)
All structures and graves shall be set back a minimum of 30 feet
from the lot line of an abutting dwelling or any undeveloped residentially
zoned lot, 20 feet from the existing right-of-way of any public street
and 10 feet from the cartway of an internal driveway.
(4)
No grave sites shall be located within the one-hundred-year floodplain.
(5)
The use shall include an appropriate system to ensure perpetual maintenance.
L.
Communications tower or antenna, commercial.
(1)
The applicant shall provide written certification from a professional
engineer stating that the communications tower/antenna will:
(2)
A commercial communications tower shall have a maximum height of
250 feet.
(3)
The base of a freestanding tower shall be surrounded by a secure
fence with a minimum height of eight feet.
M.
Community center library.
(1)
Minimum lot area of 20,000 square feet.
(2)
All parking, interior driveways, except necessary entrance/exit drives,
shall be set back a minimum of 50 feet from all residential lot lines
and 25 feet from all other lot lines. All buildings shall be set back
a minimum of 25 feet from all lot lines.
N.
Day-care center, child, as a principal use.
(2)
The use shall comply with any applicable county, state and federal
regulations, including having an appropriate Pennsylvania Department
of Public Welfare registration certificate or license.
(3)
Convenient parking spaces with the requirements of Article VI shall be provided for persons delivering and waiting for children.
(4)
The use shall meet the same lot and dimensional requirements as a
single-family detached dwelling.
(5)
The use shall include adequate measures to ensure the safety of children
from traffic or other nearby hazards. This shall include a secure
fence around any outdoor areas routinely used for outdoor play to
separate the areas from abutting streets or other attractive nuisances
or hazards on adjoining lots.
(6)
Outside play areas shall be limited to use between 8:00 a.m. and
8:00 p.m. if located within 200 feet of an abutting dwelling.
(7)
Outdoor play areas of a day-care center involving the care of 25
or more children at any one time shall be set back a minimum of 25
feet from the lot line of an abutting existing occupied dwelling.
(8)
In residential districts, any permitted day-care center shall maintain
an exterior appearance that resembles and is compatible with any existing
dwellings in the neighborhood.
(9)
A day-care center may occur in a building that also includes permitted
or nonconforming dwelling units.
O.
Funeral home.
(1)
On a zoning lot having a minimum of 7,200 square feet plus 300 square
feet for each chapel.
(2)
The prescribed yard, lot width and height requirements for a one-family
dwelling are met.
(3)
The main building shall be located not nearer than 100 feet to an
R1 District.
(4)
There shall be no crematory, receiving vault, preparation room or
display of merchandise or advertising visible from outside the main
or accessory building.
(5)
There shall be no loading or unloading of merchandise or bodies of
deceased persons on public property.
(6)
There shall be no parking or standing of motor vehicles on public
property.
(7)
The scale of business in relationship to the character of uses around
the particular location will be such as not to be detrimental to or
alter the character of the neighborhood.
P.
Group home.
(2)
Supervision. There shall be adequate supervision as needed by an
adequate number of person(s) trained in the field for which the group
home is intended.
(3)
Certification. The use shall be licensed or certified under an applicable
state, county or federal program for group housing, if applicable.
A copy of any such license or certification shall be filed with the
City and shall be required to be shown to the Zoning Officer in the
future upon request. The group home shall notify the City within 14
days if there is a change in the type of clients, the sponsoring agency,
the maximum number of residents or if an applicable certification/license
expires, is suspended or is withdrawn.
(4)
Counseling. Any medical or counseling services provided on the lot
shall be limited to residents and a maximum of three nonresidents
per day.
R.
Junkyard (includes automobile salvage yard).
(1)
Storage of garbage or biodegradable material is prohibited, other
than what is customarily generated on-site and routinely awaiting
pickup.
(3)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways shall be provided
throughout the entire use to allow access by emergency vehicles. Adequate
off-street parking areas shall be provided for customers.
(4)
Outdoor storage shall be completely surrounded (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 375-64, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(5)
Burning or incineration of vehicles or junk is prohibited.
(7)
All gasoline and oil shall be drained from all vehicles and properly
disposed of. All batteries shall be removed from vehicles and properly
stored in a suitable area on an impervious, properly drained surface.
(8)
Lot area: three acres minimum; 20 acres maximum.
(9)
Tires: see the outdoor storage and display standards in § 375-31D(6).
S.
Kennel.
(1)
All buildings in which animals are housed and all runs shall be located
at least 200 feet from all residential lot lines.
(2)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any adjacent
dwelling.
(3)
No animal shall be permitted to use outdoor runs from 8:00 p.m. to
8:00 a.m. that are within 300 feet of an existing dwelling. Runs for
dogs shall be separated from each other by visual barriers a minimum
of four feet in height, to minimize dog barking.
(5)
A kennel may be used for breeding.
(6)
Minimum lot area of 10 acres.
T.
Membership club.
(1)
All parking, interior driveways (except necessary entrance/exit drives),
developed recreation areas, buildings and similar activity areas shall
be set back a minimum of 50 feet from any residential lot lines. All
buildings shall be set back a minimum of 25 feet from any other lot
lines. Any existing healthy trees within such setbacks shall be preserved,
except at needed perpendicular crossings.
(3)
Target range: see listed separately.[6]
[6]
Editor's Note: See the Table of Uses by Zoning District included at the end of this chapter.
U.
Mineral extraction.
[Amended 11-17-2010 by Ord. No. 13-2010]
(1)
After areas are used for mineral extraction, they shall be reclaimed
in phases to a nonhazardous and environmentally sound state permitting
some productive future use.
(2)
A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation or within 250 feet of machinery that is greater than 35 feet in height. This yard shall include an earth berm averaging a minimum of six feet in height and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence and shall meet the size and type requirements of § 375-47.
(3)
The following minimum setbacks shall apply for the excavated area
of a mineral extraction use from property that is not owned by the
owner of the mineral extraction use:
(a)
One hundred feet from the existing right-of-way of public streets
and from all exterior lot lines of the property.
(b)
One hundred fifty feet from a commercial or industrial building,
unless released by the owner thereof.
(c)
Two hundred fifty feet from a residential lot line, other than
an abandoned dwelling.
(d)
One hundred fifty feet from the lot line of a publicly owned
recreation area that existed at time of the application for the use
or expansion.
(4)
The excavated area of a mineral extraction use shall be set back
150 feet from the average waterline of a perennial stream or the edge
of a natural wetland of more than two acres.
(5)
Fencing. The City Council may require secure fencing in locations
where needed to protect public safety.
(7)
County Conservation District. A soil erosion and sedimentation plan
shall be prepared by the applicant and found to be acceptable to the
County Conservation District.
(8)
Hours of operation. The City Council may reasonably limit the hours
of operation of the use and of related trucking and blasting operations
to protect the character of adjacent residential areas.
(9)
Engineering review. Upon receipt of an application for mineral extraction,
the Zoning Officer shall send a copy of the application to the City
Engineer for review. In the alternative, the Council may appoint an
alternate engineer to conduct a review of the plan. Where the cost
of the City's engineering review arises from the City's function to
regulate zoning, the City may seek to recover the reasonable costs
of the engineering review from the applicant.
(10)
The applicant shall also submit a copy to the Zoning Officer
of all materials submitted by the applicant to state agencies regarding
an application for this project. The use shall comply with all applicable
state regulations as a condition of City approvals under this chapter,
and such City approval may be revoked for violation of this condition.
(11)
Preemption. Unless a specific preemption of this chapter by
a state or federal regulation or law, the most restrictive provisions
upon the applicant shall apply whenever one or more municipal, state
or federal regulations apply.
(12)
Application requirements. For any mineral extraction use involving
a proposed excavation of more than one acre, the following shall be
submitted:
(a)
Present uses of the site.
(b)
A scaled map, prepared by a professional engineer, showing the
locations of:
[1]
The proposed area to be excavated (and maximum depth).
[3]
Lot lines of adjacent lots and owners and existing uses of these
lots.
[4]
Watercourses, bodies of water, street rights-of-way, buildings
and publicly owned recreation areas within 250 feet of the boundaries
of land to be affected by the mineral extraction operation.
[5]
Any wetlands and forested areas to be removed or protected and
preserved as part of the use.
(c)
A detailed land reclamation plan of the area to be excavated,
showing:
[1]
Proposed reclaimed use and topography of the land following
site mineral extraction.
[2]
Actions to be taken during mining to conserve and replace topsoil
removed during mining operations.
[3]
Reasonable assurances that the applicant will be capable of
reclaiming the land in accordance with the plan within a reasonable
time after completion of the mineral extraction operations to be covered
by the requested permit.
(13)
Regulation of the maximum acreage actively used for mineral
extraction.
(a)
To ensure that large areas of land will be reclaimed in compliance
with state and City regulations, the City Council of Supervisors may
establish a maximum number of acres which may be affected by mineral
extraction at any one time on any lot or any series of lots owned
by one applicant or closely related applicants.
(b)
Land affected by mineral extraction shall mean all total land
area at any point in time that is currently under active mineral extraction,
that is not adequately reclaimed or backfilled following prior extraction
operations and that contains waste or spoil piles from existing or
prior mining activities.
(c)
This subsection shall not apply to mineral extraction activities
which are regulated by the Commonwealth of Pennsylvania, Department
of Environmental Protection, pursuant to the Oil and Gas Act.
(14)
An application for mineral extraction shall include the name, address
and phone number, including twenty-four-hour emergency phone number,
of at least two persons who will be responsible for extraction operations.
Upon approval of the application, the applicant shall, at least 10
days prior to the initiation of construction and/or extraction activities,
provide the Zoning Officer with the contact information for the operator
and the emergency site contact information for the operator.
(16)
Upon approval of an application for mineral extraction, the operator
shall comply with the following:
(a)
The access driveway from the public road to the mineral extraction
site shall be gated at the entrance to prevent illegal access to the
site. The site-assigned address shall be clearly visible on the access
gate for emergency 911 purposes. The sign shall include the name of
the operator and the telephone number for a person responsible who
may be contacted in case of emergency;
(b)
The operator shall take the necessary safeguards to insure that City
roads utilized remain free of dirt, mud and debris resulting from
the extraction and transportation activities, and/or shall insure
such roads are promptly swept or cleaned if dirt, mud and debris are
deposited;
(c)
The City may require fencing and/or landscaping to buffer permanent
surface facilities from adjacent properties.
V.
Manufactured home on an individual lot or within a mobile/manufactured
home park.
(1)
Construction. Every manufactured home shall have been constructed
in accordance with the Safety and Construction Standards of the United
States Department of Housing and Urban Development. For safety reasons,
any manufactured home not meeting such standards shall not be placed
on a different lot for use as a residence in the City of Monessen,
but such home may remain at an existing location if habitable.
(2)
Each site shall be graded to provide a stable and well-drained area.
(3)
Each home shall have the hitch mechanism removed, and it is also
recommended, but not required, that the wheels and axles be removed
and stored under the home in order to lower the home.
(4)
Anchoring. The applicant for a permit to install a manufactured home
shall provide written certification to the Zoning Officer that the
installation of the home complies with this chapter. An anchoring
system shall be installed that will prevent shifting or uneven settling
of the home and to provide a base for installation of tie-downs. This
shall involve the following method, unless the applicant proves to
the satisfaction of the Zoning Officer that another method will be
used that is recommended by the manufacturer of the home or by the
manufacturing housing industry.
(a)
The anchoring system shall consist of concrete piers, concrete
footings perpendicular to the main longitudinal frame or equivalent
and shall be installed from ground level to below the frost line (36
inches minimum). The piers or footings shall be a minimum of four
inches greater in width than the concrete blocks used to support the
home. This foundation system shall be placed on approximately eight-foot
centers (unless another distance is specifically recommended in writing
by the manufacturer) along each of the two main longitudinal frames
for each section of the home, with no more than three feet overhang
at each end of the section.
(b)
One-half-inch diameter by twelve-inch-long eyebolts or approved
equivalent unshaped bars that shall be cast in place at each corner
and at two midpoints in the concrete piers, concrete footing, slab
or equivalent foundation. Concrete blocks shall be used to support
the home on the foundation system and wood shims may be used for final
leveling. The concrete support blocks shall not be wider than the
support foundation.
(c)
Each manufactured home shall be securely anchored or tied down
with cable and turn buckles or equivalent connecting the frame to
the cast in place eyebolts on at least four corners and two midpoints.
The tie-down shall also be in accordance with the manufacturer's
recommendations furnished with each home.
(d)
Manufactured homes shall not be placed more than four feet above
the supporting ground area.
(5)
Skirting. The space between the bottom of the home and the ground
and/or home pad shall be enclosed using either:
(a)
Industry-approved skirting material compatible with the home;
or
(b)
If a slab foundation is used, masonry walls underneath the home
with soil backfill to result in the surrounding ground level to be
flush or one normal step height below the first floor elevation. If
this alternative is used, an access area with lower grade through
the masonry wall shall be installed for service access.
(6)
Homes shall have a pitched instead of a flat roof.
(7)
Homes on individual lots should be located with the longest side
facing any boundary public street.
(8)
Permit. Each manufactured home shall require a City permit prior
to placement on a site.
W.
Mobile/manufactured home park.
(1)
Any mobile/manufactured home park shall meet all requirements of
the Subdivision and Land Development Ordinance,[8] except that where two provisions regulate the same matter,
the more restrictive upon the applicant shall apply. Spaces for individual
mobile homes within a mobile home park are not required to be individually
surveyed and shall not require individual meets and bounds descriptions.
(2)
Minimum tract size of 10 contiguous acres, which shall be under single
ownership.
(3)
Density. The maximum average overall density shall be four dwelling
units per acre if both approved central water service and central
sewage service will serve each dwelling. Otherwise, the maximum density
shall be an average of one dwelling unit per acre. To calculate this
density, land in common open space or proposed streets within the
park may be included, but land within the one-hundred-year floodway
or that has natural slopes of 25% or greater shall not be included.
(4)
Buffer yard. Shall have a fifty-foot wide landscaped open area around the perimeter of the site. This open area shall include evergreen screening meeting the requirements of § 375-64 where abutting an existing single-family detached dwelling. The same area of land may count towards both the open area and the setback requirements.
(7)
Common open space for a mobile home park.
(a)
A minimum of 10% of the total lot area of the entire mobile
home park shall be set aside as common open space for the residents.
Because mobile home parks are required to provide their own common
open space, a mobile home park shall not be subject to additional
common open space requirements under the City Subdivision and Land
Development Ordinance, as amended.[9]
(b)
Areas within the required buffer yards, boundary setback areas and within the one-hundred-year floodplain may count towards the minimum common open space, except for areas that specifically are not permitted to be counted by Subsection W(7)(c) below.
(c)
The following areas shall not be permitted to be counted towards
the minimum required common open space:
[1]
That would not be accessible to pedestrians;
[2]
That would be within a stormwater basin, unless the applicant
proves to the satisfaction of the Zoning Officer that such area could
be routinely and safely usable for recreation and as accessible open
space;
[3]
That would be within 15 feet of any principal building, other
than a recreation building; or
[4]
That would have a minimum width of less than 20 feet.
(8)
Additional uses in a mobile home park.
(a)
A mobile/manufactured home park may include a recreation center
for residents, a rental or management office, maintenance buildings
for the park, swimming pool and the sale of mobile/manufactured homes
that will be placed on the tract.
(b)
A mobile home park shall not include the sale of homes for placement
off the tract except for routine resale of existing homes.
(9)
Parking in a mobile home park. An average minimum of 2.2 off-street
parking spaces shall be provided per dwelling unit. A minimum of 2
such spaces shall be provided adjacent to the dwelling they serve.
(11)
All mobile home spaces shall have underground electric, telephone
and cable television wiring (where available).
(12)
Water service. If nonpublic central water service is proposed,
it shall be in accordance with any applicable PADEP and City requirements.
(13)
Sewer service.
(a)
Where nonpublic central sewage service is proposed, it shall
be in accordance with PADEP requirements and all applicable City requirements.
(b)
If a private sanitary system is proposed, it may be constructed
of PVC Schedule 35 or other approved piping and shall be installed
and bedded in accordance with any applicable PADEP requirements.
(14)
Park management and operation.
(a)
The owner of the park shall supervise the installation of all
mobile homes, foundation systems and utility connections.
(b)
The owner of the park shall report all arrivals of adult residents
to the City Tax Collector within 30 days and notify the City Tax Collector
prior to any proposed resident departures.
(c)
The owner of the park shall provide reasonable access to the
City or its representatives for periodic inspections of the park and
its facilities.
X.
Nursing home.
(2)
A minimum of 20% of the lot shall be suitable and developed for passive
recreation. This area shall include outdoor sitting areas and pedestrian
walks.
(3)
The density shall not exceed more than one resident or bed per 250
square feet of total building floor area.
(4)
Setback. Principal and accessory buildings shall be set back a minimum
of 50 feet from a residential lot line.
Z.
Picnic grove, privately owned.
(1)
All parking and activity areas shall be a minimum of 250 feet of
an existing dwelling other than a dwelling with the same owner as
the picnic grove. The use shall not operate in a way that is perceptible
from beyond the lot lines between the hours of 10:30 p.m. and 7 a.m.
(3)
Minimum lot area of five acres.
AA.
Place of worship.
(1)
Minimum lot area of 10,000 square feet unless a larger lot area
requirement applies in the applicable district.
(2)
A primary or secondary school and/or a child or adult day-care
center are permitted on the same lot as a place of worship, provided
that the requirements for such uses are also met.
(3)
One dwelling unit for a religious leader(s) of the place of
worship and their family may be accessory to a place of worship on
the same lot.
(4)
The height requirements of the district wherein the use is located
may be exceeded if every portion of the building above the height
limit is at least as many feet distant from lot lines as that portion
of the building is in height.
(5)
The location of automobile parking on the site shall be such
as to provide maximum protection and facilitate traffic movement on
abutting streets.
(6)
Minimum front and rear yards shall be 10 feet greater in depth
and minimum side yards shall be 10 feet greater in width than the
minimum required for any other main structure in the district in which
such use is located.
BB.
Recycling collection center.
(1)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(2)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(3)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(4)
A twenty-foot buffer yard with screening as described in § 375-64 shall be provided between this use and any abutting residential lot line.
(5)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a City-owned
use, subject to the limitations of this section.
(6)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use,
except for garbage generated on-site or garbage accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(7)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or melting or mechanical shredding of metal or landfilling
shall occur. No mechanical operations shall routinely occur at the
site other than operations such as baling of cardboard and shredding
of newspaper.
(8)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
(9)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district
and within 500 feet of an existing dwelling.
CC.
Restaurant.
(1)
If drive-through service is provided, a maximum of two outdoor
menu boards are permitted, beyond the signs normally permitted, with
a maximum sign area of 40 square feet each if drive-through service
is provided. The words on such signs shall not be readable from a
street or residential lot line.
(2)
Traffic circulation onto, within and off of the lot shall be
clearly marked. Any drive-through use shall be designed with adequate
capacity for waiting vehicles and to avoid conflicts with traffic
onto, around and off of the site.
DD.
Retail store in C1 District in excess of 10,000 square feet.
(1)
There shall be submitted with the application a market analysis
of the potential service area, prepared by an individual or an organization
indicated by documentary evidence as qualified to make such an analysis.
The analysis shall include data on population, income and buying habits
of the people.
(2)
The use shall be an integral part of a planned neighborhood
shopping center development and the gross floor area of the proposed
store shall not be in excess of 30% of the total gross floor area
of the prospective development of said shopping center.
(3)
The Planning Commission shall determine that the proposed use
is related to its potential service area and is in keeping with principles
of the Commission's adopted Master Plan.
EE.
School, public or private, primary or secondary.
(1)
Minimum lot area of one acre if fewer than 100 students, three
acres if 100 students or over.
(2)
No children's play equipment, basketball courts, baseball
backstop or infield or illuminated recreation facilities shall be
within 25 feet of a residential lot line.
(3)
The use shall not include a dormitory unless specifically permitted
in the district.
FF.
Self-storage development.
(1)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(2)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins or similar items shall not be stored.
(3)
The interior traffic aisles, required off-street parking areas,
loading areas and accessways shall be kept clear of stored items.
(4)
Major body work on vehicles shall not be permitted. The use
shall not include a commercial auto repair garage unless that use
is permitted in the district and the use meets those requirements.
(5)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(6)
Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 375-64.
(7)
Maximum building length of 250 feet.
(8)
Minimum separation between buildings of 20 feet.
HH.
Solid waste facility (including a sanitary landfill, solid-waste-to-energy facility or solid waste transfer facility). See definition in Article II.
(1)
No property shall be used as a dumpsite for solid waste without
a valid City and a valid DEP permit. The City permit may be suspended
for violation of a City or DEP requirement.
(2)
An applicant for a solid waste facility shall reimburse the
City for all legal advertisements related to the application, plus
pay a nonrefundable administrative fee of $2,000 plus establish an
escrow account of $40,000 to be used to compensate the City for actual
and customary expenses of professional reviews (such as but not limited
to engineering and impact reviews). Any escrow funds used for such
reviews shall be nonrefundable, while any funds not used for such
reviews shall be returned to the applicant after the final City approval.
(3)
Site plan. A site plan shall be submitted meeting the requirements
of the Subdivision and Land Development Ordinance[11] and including all information required by DEP on any site
plan submitted to the state. The site plan shall show existing and
proposed final topography, proposed fencing and landscaping, owners
of adjacent lots, proposed haul and access roads, proposed staging,
location of equipment and tire cleaning areas and location of weighing
and fire-fighting facilities.
(4)
The applicant shall submit the names and current addresses of
any and all persons who have any ownership interest of more than 5%
in the proposed use or in businesses that are proposing or intended
to own or operate the use. The experience of the applicant in developing
and operating other solid waste facilities shall be described.
(5)
The applicant shall provide the Zoning Officer with a copy of
all written materials and plans that are submitted to PADEP at the
same time as they are submitted to DEP.
(6)
A statement shall be submitted describing proposed uses of landfill
land after landfilling operations are completed.
(7)
A traffic study shall be submitted showing intended routes for
truck traffic and estimating the total number of vehicles of over
20,000 pounds gross vehicle weight that are expected to enter and
exit the facility and the expected impact of these vehicles on the
roads considering the roads' existing construction.
(8)
An environmental assessment shall be submitted, including the
following:
(a)
Summary of important findings in language understandable to
laypersons, with references to more detailed reports and data (such
as in appendices).
(b)
Descriptions of and maps showing the suitability of the proposed
site for the use.
(c)
Applicable technical data provided in an appendix.
(d)
Impacts upon natural and cultural features, including surface
water quality, groundwater quality, air quality and historic buildings.
(e)
Impacts upon stormwater and floodwater.
(f)
Visual impacts.
(g)
For a use involving incineration, a professional analysis of
the expected health impacts of the facility on humans, including a
review of relevant studies on the matter.
(9)
Setbacks.
(a)
All solid waste storage, disposal and incineration shall be
a minimum of 200 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water filled quarry) or wetland of more than
two acres in area.
(b)
All areas to be used for the storage, disposal or incineration
of solid waste shall be a minimum of 400 feet from any of the following:
residential district, publicly owned park, lot line of any existing
dwelling (which the applicant does not have an agreement to purchase)
or the banks of any perennial creek or river.
(c)
A landscaped area with a minimum width of 100 feet shall surround
the site and shall not be used for any use other than perpendicular
driveway crossings.
(10)
The use shall be served by a minimum of two access roads paved
with a dust-free surface, each with a minimum cartway width of 24
feet. One of these roads may be restricted to use by emergency vehicles,
in which case it may be stoned instead of being paved.
(11)
Any burning or incineration shall be carried out in a completely
enclosed incinerator approved by the DEP. Any material to be incinerated
that is to be stored for more than three hours shall be stored in
an enclosed structure.
(12)
The operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the City. Violations
of this condition shall also be considered to be violations of this
chapter.
(13)
Open burning of refuse is prohibited as part of a solid waste
facility. Garbage may not be dumped or buried except at an approved
solid waste facility.
(14)
The applicant shall prove to the satisfaction of the City Council
that the existing street network can handle the additional truck traffic,
especially without bringing extraordinary numbers of trash hauling
trucks through or alongside existing residential or residentially
zoned areas. The City Council may require the applicant to make specific
improvements to roads to handle extraordinarily heavy loads.
(15)
In cooperation with Pennsylvania DEP requirements, an appropriate
double liner and a system to collect and treat leachate and methane
is very strongly encouraged for any sanitary landfill.
(16)
The applicant shall prove to the satisfaction of the City Council
that the use would not routinely create noxious odors off of the tract.
(17)
A chain link or other approved fence with a minimum height of
eight feet shall surround active solid waste disposal areas to prevent
the scattering of litter and to keep out children, unless the applicant
proves to the satisfaction of the City Council that this is unnecessary.
The City Council may also require temporary litter-control fences
surrounding current dumping areas. The City Council shall require
earth berms, evergreen screening and/or shade trees with a minimum
total effective height of eight feet or more as needed shall be used
to prevent landfill operations from being visible from an expressway
or arterial streets or dwellings.
(18)
A minimum total lot area of 50 acres (which may include land
in an adjoining municipality) is required for any solid waste facility
other than a solid-waste-to-energy facility or a solid waste transfer
facility. For a solid-waste-to-energy facility or solid waste transfer
facility, a minimum lot area of 10 acres shall be required for the
first 250 tons per day of capacity to treat or dispose of waste, plus
one acre for each additional 50 tons per day of capacity. A solid
waste facility shall have a maximum total capacity of 500 tons per
day.
(19)
Health hazards. Any facility shall be operated in such a manner
to prevent the attraction, harborage or breeding of insects, rodents
or vectors.
(20)
Attendant. At least two employees shall be present during all
times of operation.
(21)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(22)
Emergency access and services. The operator of the use shall
cooperate fully with local emergency services. This should include
allowing practice exercises on the site and the provision of all information
needed by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided. Fire extinguishers, air
packs for employee use and an adequate water supply shall be supplied
on site. Employees shall be trained in basic fire-fighting methods.
An emergency communications system shall be provided on site, together
with appropriately located telephones available to contact local emergency
services.
(23)
Under authority granted to the City under Act 101 of 1988,[12] the hours of operation shall be limited to between 8:00
a.m. and 7:00 p.m. The use shall not operate Sundays, Christmas Day,
Thanksgiving Day, New Year's Day, Memorial Day, Labor Day or
the 4th of July.
[12]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(24)
Tires. See outdoor storage and display standards in § 375-31D(6).
(25)
Litter. The operator shall regularly police the area of the
facility and surrounding streets to collect litter that may escape
from the facility or trucks. All open waste trucks entering and exiting
the site shall be covered.
(26)
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
Infectious materials are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(27)
Staging. No total area(s) larger than 50 acres shall be used
as a disposal area for a sanitary landfill in any calendar year.
(28)
The applicant shall provide sufficient information for the City
to determine that the requirements of this chapter will be met.
(29)
State requirements. Nothing in this chapter is intended to supersede
any state requirements. It is the intent of this chapter that when
similar issues are regulated by both the City and state, that the
stricter requirement shall apply for each aspect, unless it is determined
that an individual state regulation preempts City regulation in a
particular aspect.
(30)
A tire cleaning area shall be provided on access roads from
a landfill.
(31)
The operator shall enter into an agreement with the City specifying
the types and frequencies of environmental monitoring that will be
put into place while a solid-waste-to-energy or sanitary landfill
is underway and for a minimum of three years after any landfill is
closed. For a landfill, such testing shall include, at a minimum,
groundwater monitoring wells. For an incineration use, such testing
shall, at a minimum, include air pollution monitoring.
(32)
A leachate treatment system may be an accessory use to a landfill
and a recycling collection center or a bulk recycling center are permitted
in combination with any permitted solid waste disposal facility.
(33)
For any transfer facility or waste-to-energy facility, all loading
and unloading of solid waste shall only occur within an enclosed building
and over an impervious surface drain to a holding tank that is then
adequately treated.
(34)
For each acre upon which active landfill operations begin, a
ten-thousand-dollar bond payable to the City of Monessen shall be
posted by the operator to insure appropriate restoration of the site
and adequate monitoring after the use is ended. Such bond shall be
in a form acceptable to the City solicitor. Such bond shall be in
effect for a minimum of 10 years after the operations cease.
(35)
The operator shall keep written records of the origin of all
solid waste and of the type of any waste accepted other than municipal
waste.
(36)
Under the authority of State Act 101 of 1988,[13] the City Council may appoint one or more landfill inspectors.
Such inspector shall have authority to visit the site, to monitor
operations and to review records regarding the origin and types of
waste.
[13]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(38)
The City Council may establish certain minimum insurance requirements
for the applicant as a condition of City approval. Such insurance
shall at a minimum include a ten-million-dollar liability policy regarding
environmental hazards.
JJ.
Swimming pool, nonhousehold. (For swimming pools serving one household, see § 375-31.)
(1)
The water surface shall be set back at least 25 feet from any
lot line.
(2)
Minimum lot area of one acre.
(3)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 375-64.
(4)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(5)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not overload or flood any on-lot
septic system or portion of a building or property not owned by the
owner of the pool. A pool shall not be located so as to interfere
with the operation of a well or on-lot septic system.
(6)
Water service. Any inlet from a central water system shall be
above the overflow level of the pool.
(7)
Nuisances. A pool shall not include illumination of adjacent
residential properties beyond what is customary in a residential neighborhood.
A pool shall also not include the playing of a radio or recorded music
at a volume louder than is necessary for the convenient hearing of
persons at the pool.
KK.
Townhouses and low-rise apartments.
(1)
Maximum number of dwelling units within any building or within
attached buildings: 12 for any building including low-rise apartments,
six for any other building.
(2)
The permitted number of dwelling units may be placed at any
appropriate locations within the tract, provided that all other requirements
of this chapter are met and provided that no single net acre of land
includes more than 15 dwelling units, once street rights-of-way and
common open spaces are deleted.
(3)
Areas of land that are capable of additional development shall
not be used towards calculating the allowable density unless those
lands are deed restricted against further development.
(4)
Buffer yard. A twenty-foot-wide buffer yard with screening shall be provided by the developer of the townhouses or garden low-rise apartments, as described in § 375-64D, between any townhouse or garden apartment principal building and:
(6)
Building setback and separation. The following minimum setbacks
shall apply for townhouse and low-rise apartment buildings, whichever
is most restrictive:
(a)
For principal and accessory structures from all rights-of-way
of preexisting streets: 50 feet.
(b)
For principal and accessory structures from a right-of-way of
a street constructed within the tract: 25 feet.
(c)
For accessory structures from a lot line within the townhouse
or low-rise apartment tract: three feet.
(7)
Separation. Each principal building shall be separated by a
minimum of 20 feet from any other principal building.
(8)
To avoid incompatible structures in a higher density environment,
townhouse developers are strongly encouraged to establish deed restrictions
or homeowners' association regulations controlling the general
types and materials of attached decks, fences and accessory structures
that may be added or constructed in the future.
(9)
Minimum width of townhouses. Each townhouse dwelling unit shall
have a minimum width of 18 feet, except the minimum width shall be
24 feet for any townhouse that:
(11)
Paved area setback. All off-street parking spaces, except spaces
on driveways immediately in front of carport or garage entrance, shall
be set back a minimum of 10 feet from any dwelling.
(12)
To avoid garages from being an overly prominent part of the
view of townhouses from streets, landscaped parking courts or garages/carports
at the rear of dwellings are encouraged.
(13)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial street.
(14)
Common open space.
(a)
For any low-rise apartment or townhouse development involving
25 or more dwelling units, a minimum of 10% of the total land area
shall be dedicated as common open space. This common open space shall
be in addition to any other requirements of this chapter or the Subdivision
and Land Development Ordinance.[15] Common open spaces are encouraged to be used as a buffer
against any abutting major roads.
(b)
The applicant shall prove to the satisfaction of the Zoning
Office, upon advice of the City Council, that there will be an adequate
permanent method in place to maintain the common open space.
(c)
Areas within 25 feet of a principal building shall not be used
to count towards the required amount of common open space.
(15)
Condominiums. The division of land into individual lots is not
required, but instead, condominium ownership may be used.
LL.
Treatment center.
(1)
The applicant shall provide a written description of all types
of persons in treatment or counseling for the use which it is intended
to provide over the life of the permit. Any future additions or modifications
to this description shall require approval of the City Council as
a conditional use.
(2)
The applicant shall prove to the satisfaction of the City Council
that such use will involve adequate supervision and security measures
to protect public safety.
(3)
The City Council may place conditions on the use as necessary
to protect public safety, including conditions on the types of persons
in treatment or counseling and security measures as deemed necessary.
MM.
Trucking company terminal. Any portion of the conduct of business
shall be located so that no vehicular entrance or exit shall be closer
than 200 feet to an entrance or exit of any elementary or secondary
or vocational school, playground, church or public library.
NN.
Veterinarian office (includes animal hospital).
(1)
A minimum lot area of at least one acre shall be required, unless
a larger lot area is required by the applicable district.
(2)
Any structure in which animals are treated or housed shall be
a minimum of 100 feet from any residentially zoned undeveloped lot
or any lot line of a primarily residential use. Buildings shall be
adequately soundproofed so that sounds generated within the buildings
cannot routinely be perceived within any adjacent dwellings.
(3)
Outdoor animal runs may be provided for small animals for use
between 8:00 a.m. and 8:00 p.m., provided that the runs are at least
150 feet from any existing dwelling and provided that the runs for
dogs are separated from each other by visual barriers a minimum of
four feet in height, to minimize dog barking.
(4)
A commercial kennel shall only be an accessory and not a principal
use, unless a kennel is permitted in that district and the applicable
requirements are met.
A.
General. Accessory buildings, structures or uses that
are clearly customary and incidental to a permitted-by-right, special
exception or conditional use are permitted by right, except as is
provided for in this chapter.
B.
Accessory setbacks. The accessory setback requirements
of the applicable district shall apply to every accessory building,
structure or use unless a standard that is clearly meant to be more
restrictive or less restrictive is specifically stated in this article
for a particular accessory use.
C.
Front yard setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter. See the list of essential services in § 375-27F.
D.
Special standards. Each accessory use shall comply
with all of the following standards listed for that use:
(1)
Accessory dwelling for a relative or full-time caregiver
or caretaker.
(a)
An existing single-family detached dwelling
shall maintain the appearance of a single-family detached dwelling
from the street with a single front entrance. Additional entrances
may be placed on the side or rear of the structure or the dwellings
may internally share the single front entrance.
(b)
The principal dwelling unit shall include a
minimum of 600 square feet of floor area.
(c)
A maximum of two total dwelling units are permitted.
(d)
The accessory dwelling unit shall be inhabited
by a minimum of one of the following:
[2]
A full-time caretaker of the property who does
not pay cash rent and who does not have any other full-time occupation;
or
[3]
A full-time caregiver (such as a nurse) to an
occupant of the principal dwelling unit, provided that such caregiver
does not pay cash rent, and who does not have any other full-time
occupation.
(e)
The dwelling unit should be designed and installed
in such a way that it can easily be reconverted into part of the principal
dwelling unit (or in the case of an accessory building, revert to
a nonresidential use) after the permitted occupants no longer lives
within it. Once the accessory dwelling is no longer occupied by a
permitted occupant, the dwelling shall be reconverted into part of
the principal dwelling unit, be removed or be converted to storage
or another permitted use.
(f)
If the accessory dwelling is within the same
building as the principal dwelling, the two dwelling units shall have
at least one interconnecting inside door.
(g)
The dwelling shall be within a principal or
accessory building that existed at the time of adoption of this chapter
or within an addition to such a building.
(2)
Day-care center as accessory use to a residential
use.
(a)
The following shall be the maximum number of children under age 15 that may be cared for in any dwelling unit, in addition to children who are not related (see definition in Article II) to a permanent resident of the dwelling:
(b)
The dwelling shall retain a residential appearance
with no change to the exterior of the dwelling to accommodate the
use, other than cosmetic and any needed safety improvements.
(c)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 375-30 for such use, if permitted.
(d)
The use shall be actively operated by a permanent
resident of the dwelling.
(e)
The building shall have smoke detectors and
at least one A-B-C fire extinguisher.
(f)
A minimum of 200 square feet of safe exterior
play area shall be available, which preferably should be fenced.
(3)
Fences and walls.
(a)
Fences and walls are permitted by right in all
districts. Any fence or wall shall be durably constructed and well-maintained.
Fences that have deteriorated shall be replaced or removed.
(b)
Sight distance, stormwater and easements. No fence, wall or hedge shall obstruct the sight distance requirements of § 375-64C. No fence or wall shall obstruct the flow of stormwater, except as part of a City approved stormwater system.
(c)
Fences.
[1]
Front yard. Any fence located in the required
front yard of a lot in a residential district shall have a minimum
ratio of 1:1 of open to structural areas (such as a picket fence or
split rail fence).
[2]
A fence shall not be required to comply with
minimum setbacks for accessory structures.
[3]
Height. A fence in a residential district that
is within 10 feet of a residential lot and that is not within a required
front yard shall have a maximum height of seven feet, except:
[a]
A maximum of height of 10 feet
is permitted to enclose a tennis or racquet sport court or a nonhousehold
swimming pool or an electric substation, provided that such fence
is set back a minimum of 10 feet from all lot lines; or
[b]
If an applicant clearly proves
in writing to the satisfaction of the Zoning Officer that a higher
fence is needed to protect public safety around a specific hazard.
[4]
Setbacks. A fence may be constructed on a lot
line, except a fence shall not be placed within a street right-of-way
and a fence of a business shall be set back a minimum of five feet
from the abutting lot line of an existing dwelling or an undeveloped
residentially zoned lot. Homeowners are encouraged but not required
to setback fences at least two feet from an abutting lot line in order
to allow for maintenance over the long term.
[5]
Fence materials. A fence shall not be constructed
out of fabric, junk, junk vehicles, appliances, tanks or barrels.
(5)
Home occupation, general or light (see definitions in Article II; see also "farm-related business"[1]).
(a)
A home occupation shall be conducted completely
indoors and may be within a principal or accessory building. The total
amount of floor area of all buildings used for a home occupation shall
not be greater than 25% of the total floor area of the principal dwelling
unit.
(b)
There shall be no outdoors operations or outdoors
storage of materials, products or equipment.
(c)
Signs and displays. There shall be no use of
show windows, business display or advertising visible from outside
the premises, except for one nonilluminated sign with a maximum sign
area of two square feet on each of two sides and a maximum height
of eight feet.
(d)
Truck traffic. The use shall not require the
parking of, storage of or regular servicing by a vehicle with an aggregate
gross vehicle weight of more than 12,000 pounds.
(e)
Uses permitted as a home occupation include
but are not limited to art studio, office, custom sewing, tax preparation
or musical instruction.
(f)
The following uses shall not be permitted as
a home occupation: veterinarian office on a lot of less than three
acres, stable, kennel, funeral home, industrial uses (other than custom
crafts and sewing), wholesale or retail sales on the premises (except
as accessory to custom crafts and except for sales over the phone
or through the mail), restaurant, outdoor repairs of motor vehicles
(other than farm equipment) or trucking company terminal, machinery
repair or manufacturing.
(g)
Nuisances. No machinery or equipment shall be
permitted that produces noise, noxious odor, vibration, glare, electrical
interference or radio or electromagnetic interference beyond the boundary
of the property. Only general types and sizes of machinery that are
typically found in dwellings for hobby, domestic or sewing purposes
shall be permitted. No use shall generate noise or glare in excess
of what is typical in a residential neighborhood.
(h)
The use shall also comply with all environmental and nuisance control regulations of this chapter, including Article V.
(i)
Parking and loading. The lot shall include sufficient
parking for the maximum number of vehicles on site at one time, plus
parking for the dwelling unit. A defined driveway shall be provided
and shall be shown on the site plan. The applicant shall prove that
the driveway provides for safe sight distance.
[1]
If five or more vehicles are expected to be parked within 50 feet of an abutting dwelling, then such parking spaces shall be screened by evergreen plants meeting the requirements of § 375-64.
[2]
The applicant shall show that there is a safe
location available as needed for any deliveries, which shall be located
off of the cartway of a public street.
[3]
For any vehicle repair operation, a maximum
of two vehicles may be parked on site or on an adjacent street, other
than vehicles owned by the operator of the use.
(j)
Building appearance. The exterior of a previously
residential building and the lot shall not be changed in such a way
as to decrease its residential appearance, except for permitted parking
spaces and the permitted sign.
(k)
Hours. A home occupation shall not be conducted
in a way that is perceptible from beyond the lot line between the
hours of 9:00 p.m. and 7:00 a.m. This time limit shall also apply
to any loading or unloading of vehicles on the property or on a street
that causes noise to adjoining residents.
(l)
Hazardous substances. The use shall not involve
the storage or use of hazardous, flammable or explosive substances,
other than types and amounts commonly found in a dwelling.
(m)
Advertising. The address of the home occupation
shall not be advertised in such a way that would encourage customers
or salespersons to come to the property without an appointment.
(n)
Number of employees. A total maximum number
of three persons (except a barber or beauty shop shall not employ
any nonresidents. The maximum number of employees shall not apply
to persons accomplishing clearly agricultural work.) who are not permanent
residents of the dwelling may work on the premises at one time, except
that for a use that only involves clerical, administrative or office-type
activities, the above maximum of three persons may be increased to
five persons, provided that the applicant proves to the City Council
that the use will not cause adverse impacts upon neighbors, such as
high amounts of traffic.
(o)
Instruction. Any instruction or tutoring shall
be limited to a maximum of four students on the property at any one
time.
(p)
An applicant for conditional use approval shall
deliver or mail to all owners of record of adjacent dwellings a photocopy
of the zoning application and a statement of the date, time and place
of the meeting at which the application is intended to be reviewed
by the City Council. The information shall be mailed or delivered
a minimum of seven days before the meeting.
(q)
A permit shall be required for any home occupation. In most cases, § 375-27 also requires conditional use approval for a home occupation. If the type of a home occupation changes, a new approval shall be needed.
(r)
No new buildings shall be constructed to accommodate
a home occupation.
(s)
Driveway entrances for a home occupation shall
have a maximum width of 10 feet, unless a wider width is required
by PennDOT or the City. The applicant shall prove that any driveway
for a general home occupation will meet the PennDOT minimum sight
distance requirements that would apply as if a new driveway would
be proposed onto a state road. The sight distance shall consider where
parking would be possible.
(t)
A farm-related business cannot be combined on the same lot with a home occupation. If a home occupation is also regulated as a principal use and if any additional standards apply to such principal use in § 375-30, then the home occupation business shall also be required to meet those standards in § 375-30.
[1]
Editor's Note: See the Table of Uses by Zoning District at the end of this chapter.
(6)
Outdoor storage and display. Commercial or industrial
as a principal or accessory use.
(a)
Location. Outdoor storage or display shall not
occupy any part of any of the following: the existing street right-of-way,
sidewalk or other area intended or designed for pedestrian use, required
parking area or required paved area setback (see § 375-52G).
(b)
No storage or display shall occur on areas with
a slope in excess of 25% or within the one-hundred-year floodway.
(d)
Tires. If more than 250 tires are stored on
a lot, each stack shall be a maximum of 20 feet high and cover a maximum
of 400 square feet. Each stack shall be separated from other stacks
by a minimum of 75 feet.
(7)
Pets, keeping of.
(a)
This use shall not include a use meeting the
definition of a kennel.
(b)
No use shall involve the keeping of animals
or fowl in such a manner or of such types of animals that it creates
a serious nuisance (including noise or odor), a health hazard or a
public safety hazard. The owner of the animals shall be responsible
for collecting and properly disposing of all fecal matter from pets.
No dangerous animals shall be kept outdoors in a residential district,
except within a secure, completely enclosed cage or fenced area of
sufficient height or on a leash under full control of the owner.
(d)
Proper soil erosion control measures shall be
used as needed.
(8)
(9)
Swimming pool, household (referred hereafter as "pool").
(a)
The pool shall not involve any commercial use.
(b)
Enclosure around in-ground pools. Any new or
existing in-ground pool shall be completely surrounded by a secure
fence, wall, portion of a building and/or similar enclosure not less
than four feet in height. This enclosure shall be constructed to make
it very difficult for small children to climb up or slip through the
enclosure. All gates or door openings through such enclosure (other
than a door to a building) shall be self-closing and include a self-latching
device on the pool side for keeping the gate or door securely closed
times when not in use.
(c)
Enclosure around aboveground pool. Any existing
or new aboveground pool shall include a secure fence, wall or other
enclosure a minimum of four feet high above the surrounding average
ground level. This enclosure may include the walls of the pool itself.
Such pools shall be equipped with an access ladder that can be raised
and locked in a position so that it is a minimum of four feet above
the surrounding ground level or otherwise completely inaccessible
to children when the pool is unattended.
(d)
Location. A pool and any deck or shelter that
is elevated above the average surrounding ground level shall meet
the applicable setback requirement for an accessory building. Patios
around pools that are level with the average surrounding ground level
are not required to meet setbacks. A pool is not permitted within
a required front yard.
(e)
Drainage. A proper method shall be provided
for drainage of the water from the pool that will not overload or
flood any on-lot septic system or portion of a building or property
not owned by the owner of the pool. A pool shall not be located so
as to interfere with the operation of a well or on-lot septic system.
