City of Monessen, PA
Westmoreland County
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Table of Contents
Table of Contents
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.
(6) 
See § 375-58, Prohibited signs.
(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.
B. 
Adult day-care center.
(1) 
Shall be fully licensed by the state, if required by the state.
(2) 
Shall include constant supervision during all hours of operation.
(3) 
Shall not meet the definition of a treatment center.
C. 
After-hours club. See State Act 219 of 1990,[1] which generally prohibits this use.
[1]
Editor's Note: See 18 Pa.C.S.A. § 7327.
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.
(1) 
All the regulations for a cemetery in this section shall apply.[2]
[2]
Editor's Note: See Subsection K below.
(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.
(2) 
See performance standards in Article V, such as noise and glare.
(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.
G. 
Auto, boat or manufactured home sales.
(1) 
No vehicle or home on display shall occupy any part of the existing street right-of-way or required customer parking area or any paved area setback required by § 375-47.
(2) 
See light and glare standards in § 375-42.
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:
(a) 
Not be internally illuminated;
(b) 
Have a maximum sign area of six square feet on each of two sides; and
(c) 
Have a maximum total height above the ground of eight feet.
(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.
(15) 
The general standards for conditional uses listed in Article I of this chapter 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.
(3) 
See also standards for personal care home which is a separate use.[3]
[3]
Editor's Note: See Subsection Y below.
(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:
(a) 
Meet the requirements of the latest BOCA Building Code for wind resistance and strength of construction and
(b) 
Will be engineered to fall on the same lot if the structure would fail.
(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.
(4) 
Any freestanding tower that is higher than 50 feet and is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved woods meeting the requirements of § 375-64D.
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.
(1) 
See also day-care center as an accessory use in § 375-31.
(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.
(10) 
See also the standards for a place of worship in this section,[4] which allows a day-care center as an adjunct use.
[4]
Editor's Note: See Subsection AA below.
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.
(1) 
See definition in Article II.
(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.
(5) 
The use shall not meet the definition in Article II of a treatment center. A group home shall not house persons who can reasonably be considered to be a physical threat to others.
Q. 
Hotel/motel.
(1) 
Recreational facilities limited to overnight guests and a standard restaurant may be permitted accessory uses to a hotel or motel.
(2) 
See definitions in Article II, which distinguishes between a hotel/motel and a boardinghouse.
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.
(2) 
Outdoor storage of junk shall be at least:
(a) 
One hundred feet from any residential lot line; and
(b) 
Fifty feet from any other lot line and the existing right-of-way of any public street.
(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.
(6) 
See the noise or dust regulations of Article V.
(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.
(4) 
See state law regulating kennels.[5]
[5]
Editor's Note: See 3 P.S. § 459-101 et seq.
(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.
(2) 
Lighting: see Article V.
(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.
(6) 
Noise and performance standards. See Article V.
(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).
[2] 
Other land to be affected, including but not limited to:
[a] 
Storage sites for overburden;
[b] 
Access and haulage streets;
[c] 
Storage sites for equipment; and
[d] 
Offices and other accessory structures.
[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.
(15) 
The applicant must demonstrate compliance with the City's floodplain ordinance.[7]
[7]
Editor’s Note: See Ch. 230, Floodplain Management.
(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.
[8]
Editor's Note: See Ch. 345, Subdivision and Land Development.
(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.
(5) 
Each home shall comply with the requirements for manufactured homes, in § 375-30V.
(6) 
Accessory structures.
(a) 
Detached accessory structures may be attached or immediately adjacent to each other.
(b) 
A detached accessory shed shall not be located in a front yard between a dwelling unit and a street or parking court.
(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]
[9]
Editor's Note: See Ch. 345, Subdivision and Land Development.
(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.
(10) 
Streets.
(a) 
Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
(b) 
All private streets shall meet all other City cartway construction standards.
(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.
(1) 
Licensing: see definition in Article II.
(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.
Y. 
Personal care home. The standards for nursing homes in this section shall apply.[10]
[10]
Editor's Note: See Subsection X above.
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.
(2) 
See noise and glare standards in Article V.
(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.
GG. 
Slaughterhouse.
(1) 
Minimum lot area of 10 acres.
(2) 
The buildings where slaughtering takes place shall not be located closer than 250 feet from all exterior lot lines and no closer than 500 feet from a residential lot line.
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.
[11]
Editor's Note: See Ch. 345, Subdivision and Land Development.
(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.
(37) 
See Act 101 of 1988[14] which provides municipalities the authority to charge host fees.
[14]
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.
II. 
Stable, nonhousehold.
(1) 
Minimum lot area of five acres.
(2) 
Any horse barn or stable shall be a minimum of 50 feet from any lot line, except 200 feet from the lot line of an existing dwelling. Any corral shall be set back 25 feet from the lot line of an existing dwelling.
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:
(a) 
Any abutting existing single-family detached dwelling within 100 feet; or
(b) 
The right-of-way of an arterial street that abuts the rear of townhouse units and is within 100 feet.
(5) 
Floor area: see § 375-62.
(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:
(a) 
Has two or more off-street parking spaces located within 20 feet of the front of the front of the townhouse; or
(b) 
Has garage door(s) for two or more motor vehicles facing onto the front of a townhouse.
(10) 
Additional requirements: for construction of private streets, see § 375-62A, Frontage required onto improved street; for preservation of natural buffers, see § 375-64D; for dumpster screening, see § 375-43.
(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.
[15]
Editor's Note: See Ch. 345, Subdivision and Land Development.
(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.
OO. 
Warehouse or wholesale sales.
(1) 
See off-street loading requirements in § 375-49.
(2) 
No storage of garbage (other than is routinely produced on site and awaiting regular collection) shall be permitted.
(3) 
See requirements in § 375-31 for outdoor storage or display.
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:
[1] 
A relative (as defined in Article II) of an occupant of the principal dwelling unit on the lot;
[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:
[1] 
In a single-family detached dwelling with a minimum lot area of 10,000 square feet and a ten-foot setback from all existing dwellings: maximum of six children.
[2] 
In any other dwelling unit: maximum of three children.
(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.
(d) 
Walls.
[1] 
Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section and are permitted by right as needed in all districts.
[2] 
In a residential district, a freestanding wall (other than a necessary retaining wall) shall have:
[a] 
A maximum height greater than four feet within a required front yard or is within 10 feet of a lot line other than a required front yard; and
[b] 
Seven feet in other locations.
(4) 
Garage sale.
(a) 
See definition in Article II. A garage sale shall not include sale of new merchandise (other than custom crafts).
(b) 
Garage sales shall be limited to a maximum of four total days in any two consecutive months.
(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.
(c) 
Screening. See § 375-64D, Buffer yards.
(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.
(c) 
For carrier pigeons, see the State Carrier Pigeon Law.[2]
[2]
Editor's Note: See 53 P.S. § 3951 et seq.
(d) 
Proper soil erosion control measures shall be used as needed.
(8) 
Satellite antennas. See also setback requirements for an accessory structure in the applicable district. See also commercial communications antennas in § 375-31.
(a) 
The following regulations shall only apply within a residential district for a satellite antenna that is visible from a street or an adjacent lot line:
[1] 
Maximum diameter of 11 feet; and
[2] 
Maximum total height of 15 feet above the average ground level.
(b) 
Earth tones are strongly encouraged.
(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.