A.
Frontage required onto improved street.
(1)
Every principal building shall be built on a lot with
permanent access on a public street or a private street that is improved
to meet City standards including a street right-of-way or for which
such improvements have been insured by the posting of a performance
guaranty pursuant to the City Subdivision and Land Development Ordinance.[1] In the case of townhouses, this requirement may be met
by access onto a parking court which has access onto such street.
(2)
If a preexisting lawful lot only has access onto an existing private street that does not meet City standards and the improvement of that street is reasonably beyond the control of the applicant or the lot only has access via a legal easement, the lot may be used for a single permitted-by-right use, but no new lots shall be created that will not be able to meet the above requirement of Subsection A(1).
B.
Multiple uses in a building. Occupancy of a principal
commercial or industrial building by more than one permitted use is
specifically allowed, provided that all other requirements of this
chapter are satisfied.
C.
Multiple buildings on a lot.
(1)
More than one building housing one permitted principal
use may be erected on a single lot, provided that area, yard and other
requirements of this chapter shall be met for each building as though
it were on an individual lot. However, if two or more approved townhouse
buildings, apartment buildings or buildings in a commercial or industrial
district are placed on one lot, those buildings shall only be required
to meet the yard requirements around the perimeter of the lot and
shall only be required to meet the specified lot area requirements.
(2)
Individual buildings or portions of such buildings
may be held in approved condominium ownership, but the lot shall be
owned by a single legal entity.
D.
Minimum size of dwellings. Each dwelling unit shall
include a minimum of 500 square feet of habitable, indoor, heated
floor area.
The maximum structure height specified for each
district shall not apply to farm silos and associated agricultural
structures, communications towers, amateur radio antennas, water towers,
clock or bell towers, steeples of places of worship, electrical transmission
lines, elevator shafts, windmills, chimneys or other appurtenances
usually required to be and customarily placed above the roof level
and not intended for human occupancy. In addition, a pitched roof
may extend beyond the maximum building height within an area equal
to a maximum of 10% of the building footprint to allow for architectural
features, provided that such space is not intended to be occupied.
A.
In general.
(1)
No lot, structure or use shall be created or developed
in such a way that it would result in another lot, building or use
not being able to meet the requirements of this chapter. This includes,
but is not limited to, setback areas, nonimpervious areas and off-street
parking areas.
(2)
Emergency access. All uses and structures shall have
adequate provisions for access by emergency vehicles.
B.
Exceptions to minimum lot areas, lot widths and yards.
(2)
Corner lots. A setback area equal to the minimum front
yard setback shall be provided along all portions of a corner lot
abutting any public street, except where the applicant proves to the
satisfaction of the Zoning Officer that the provision of a smaller
setback of a different yard for a residential building will conform
with the clearly prevailing yard pattern on numerous existing developed
adjoining lots fronting on the same street.
(3)
Projections into required yards.
(a)
Cornices, eaves, sills or other similar architectural
features, exterior stairways, fire escapes or other required means
of egress, rain leads or chimneys or other similar structures that
do not include space usable by persons may extend or project into
a required yard not more than four feet.
(b)
Front or rear porches or decks and accompanying
steps, whether covered or uncovered, that are not enclosed and do
not have walls of mostly solid material, glass or Plexiglas and that
abut the principal building may project up to eight feet into the
required front yard setback and up to 15 feet into a required rear
yard setback.
(4)
Septic systems. Nothing in this chapter shall prevent
the Municipal Sewage Enforcement Officer from requiring a minimum
lot area larger than what is stated in this chapter to carry out state
and City sewage regulations.
(5)
Previously approved setbacks. Where a subdivision
or land development was granted final approval prior to the adoption
of this chapter and the lawful setbacks in effect at such time are
shown on the approved plans, at the option of the developer, those
approved setbacks may apply in place of any revised setbacks in this
chapter.
(6)
Front yard setback exception. When an unimproved lot
is situated between two lots with existing principal buildings that
each have front yard setbacks less than the setback required in that
district, then the front yard setback may be reduced to a depth equal
to the average of the two adjacent lots, provided that in no case
shall a front yard be reduced by more than 50% of the required front
yard for that district.
C.
Sight distance at intersections.
(1)
Intent. To ensure that traffic passing through an
intersection or turning onto a street can safely see oncoming traffic.
(2)
A triangular area as described in this section shall
be graded and shall be kept free of sight obstructions between a height
of 30 inches and 10 feet, including structures, nontransparent fences,
vegetation and signs (but not including sign posts of less than one
foot in width or utility posts or the trunks of trees).
(3)
This sight distance triangle shall be shown on development
plans submitted to the City and be shown on any plan required to be
recorded. Such triangle shall serve as a permanent setback line for
all such visual obstructions and shall be binding upon present and
future owners of the land.
(4)
The clear sight triangle shall be measured a distance
of 75 feet along the center line of each street, measured from the
intersection of the center lines. However, the length shall be 150
feet along the center line of the arterial street. The two resulting
lines shall then be connected by a third longer leg of the triangle.
D.
Buffer yards. Buffer yards and screening complying
with the following standards shall be required under the following
situations:
(1)
Buffer yard width, when required. Buffer yards with
evergreen screening shall be required in the following situations,
with whichever is most restrictive applying.
Buffer Yard Required to be Provided by
the Following:
|
When Such Use is Abutting the Following:
|
Minimum Width of Buffer Yard
(in feet)
| |
---|---|---|---|
Any newly developed or expanded industrial use
or industrial storage or industrial loading area
|
Within 150 feet of an existing dwelling
|
10
| |
Any newly developed or expanded industrial outdoor
storage area
|
An arterial or collector street
|
10
| |
Any use required to provide a buffer yard under
another section of this chapter
|
10, unless stated otherwise
|
(2)
Location of buffer yards.
(a)
The buffer yard shall be measured from the district
boundary line, future street right-of-way line or lot line, whichever
is applicable.
(b)
Plants needed for the visual screen shall not
be placed within future street right-of-way. The required buffer yard
width shall be in addition to the required future street right-of-way.
(c)
The buffer yard may include areas within a required
front, side or rear yard or a paved area setback area, provided that
the larger yard requirement shall apply in case of overlap.
(3)
Characteristics of buffer yards.
(a)
The buffer yard shall be a landscaped area free
of structures, dumpsters, commercial or industrial storage or display,
manufacturing or processing activity, materials, loading and unloading
areas or vehicle parking or display. No new driveways or streets shall
be permitted in the buffer yards except at points of approved approximately
perpendicular crossings for ingress or egress.
(b)
Maintenance. In buffer yards, all areas not
covered by trees and shrubs shall be well-maintained in an all-season
vegetative ground cover (such as grass) and shall be kept free of
debris and rubbish and shall not include grass areas higher than eight
inches.
(c)
Preservation of existing vegetation or slopes. If an applicant proves to the satisfaction of the Zoning Officer that an existing healthy tree line, attractive thick vegetation, natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes as plant screening that would otherwise be required, then such preserved existing buffer shall be permitted to be used in place of planting new plants. In such case, the width of the buffer yard required by § 375-64D(1) shall still apply. If this existing buffer requirement is removed, the applicant shall be required to plant a buffer yard that will meet the planting requirements of this section.
(d)
Fence. Ornamental or wooden fences may be located
anywhere within a buffer yard. All other types of fences (such as
chain link) within a buffer yard shall be placed on the inside of
any required plant screening.
(4)
Plant screen.
(a)
Each buffer yard shall include a planting screen
of trees or shrubs extending the full length of the lot line.
(b)
Each planting screen shall meet the following
requirements:
[1]
Plant materials needed to form the visual screen
shall have a minimum height, when planted, of four feet.
[2]
Plants needed to form the visual screen shall
be of such species, spacing and size as can reasonably be expected
to produce within three years a solid year-round visual screen at
least six feet in height.
[3]
The plant screen shall be permanently maintained
by present and future landowners. Any plants needed to form the visual
screen that die or are removed shall be replaced within six months.
[4]
The plant screen shall be placed so that at
maturity the plants will be at least five feet from any cartway and
will not grow over an exterior lot line.
[5]
The plant visual screen shall be interrupted only at approved points of vehicle or pedestrian ingress and egress to the lot, locations necessary to comply with the sight distance requirements of § 375-64C and locations needed to meet other specific state and City requirements.
[6]
Evergreen trees likely to grow substantially
in diameter should be planted in two or more rows or offsets if needed
to allow space for future growth.
(5)
Buffer yard plans.
(a)
Prior to the issuance of a permit under this
chapter where a buffer yard would be required and on any required
subdivision or land development plan, the applicant shall submit plans
showing:
(b)
The Zoning Officer shall review such plans to
determine that the plans are in conformance with the terms of this
chapter.
(6)
Species of plants in visual screens. Trees and shrubs
needed to form a required visual screen shall be of the following
or closely related species, unless the applicant proves to satisfaction
of the Planning Commission, City Council or Zoning Officer that a
substitution would be appropriate. A required visual screen shall
primarily include evergreen plants. Leafy deciduous plants may be
selectively used, provided that their use does not result in significant
visual openings during the winter. If more than 25 plants are needed
to form a visual screen, then a maximum of 75% of such plants shall
be of one species.
Buxus
|
All varieties of boxwood
| |
Caragana arborescens
|
Siberian pea shrub
| |
Cephalanthus Occidentalis
|
Button bush
| |
Chaenomeles Japonica
|
Flowering quince
| |
Cornus
|
All varieties of dogwood
| |
Cotoneaster divaricata
|
Spreading or upright cotoneaster
| |
Crataegus crusgafli
|
Cockspur thom
| |
Crataegus phanenopyum
|
Washington hawthorn
| |
Elaeagnus angustifolia
|
Russian olive
| |
Eucalyptus
|
All varieties of eucalyptus
| |
Euonymus
|
All varieties of euonymus
| |
Forsythia spectablilis
|
Showy forsythia
| |
Hamamelis
|
All varieties of witch-hazel
| |
Hydrangea arbrescens
|
Hills of Snow hydrangea
| |
Ilex
|
All varieties of holly
| |
Juniperus
|
All varieties of junipers
| |
Kolkwitzia amabilis
|
Beauty bush
| |
Laurus mobilis
|
Sweet-Bay
| |
Ligustrum
|
All varieties of privet
| |
Lonicera
|
All varieties of honeysuckle
| |
Magnolia stellata
|
Star magnolia
| |
Picea
|
All varieties of spruces
| |
Pinus
|
All varieties of pines
| |
Photinia
|
All varieties of photinia
| |
Pseudotsuga
|
All varieties of firs
| |
Pyracantha laiandei
|
Laland firethorn
| |
Rhamnus davurica
|
Dahurian buckthorn
| |
Rhamnus frangula
|
Glossy or Alter buckthorn
| |
Spirea
|
All varieties of spirea
| |
Syringa
|
All varieties of lilac
| |
Taxus
|
All varieties of yews (avoid near livestock)
| |
Thuja occidentalis
|
American arborvitae
| |
Thuga origentalis
|
Oriental arborvitae
| |
Tsuga
|
All varieties of hemlocks
| |
Viburnum
|
All varieties of viburnum
|
A.
Groundcover. Any part of a commercial, industrial,
institutional or garden apartment lot which is not used for structures,
loading areas, parking spaces and aisles, sidewalks and designated
storage areas shall be provided with an all-season, well-maintained
vegetative groundcover and shall be landscaped with trees and shrubs.
A.
A temporary permit may be issued by the Zoning Officer
for any of the following:
(1)
Any temporary use that meets the requirements of this
chapter.
(2)
Customary, routine and accessory short-term special
events, provided that
(a)
Only a well-established nonprofit organization
or a lawful place of worship proposing a temporary use to clearly
primarily serve a charitable public service or religious purpose shall
be eligible to receive approval for a commercial use in a district
where that use is not permitted; and
(b)
The Zoning Officer shall establish a reasonable
limit on the duration of the use.
(4)
The temporary erection of a tent or similar temporary
structure that is not totally enclosed for a maximum of 14 days in
any four-month period for clearly routine customarily accessory uses
such as the following: a wedding in the rear yard of a dwelling, a
festival by a place of worship or a special sale within the lot of
a lawful commercial use.
B.
Removal. Prior to the issuance of a permit for a temporary
use or structure, the Zoning Officer may require an applicant to present
a statement from the owner of record of the land recognizing the application
and accepting responsibility to ensure that the use or structure is
removed once the permit expires. Any temporary structure or use shall
be removed completely upon expiration of the permit without cost to
the City. If the structure or use is not removed in a timely fashion
after proper notification, the City may remove the use or structure
at the cost of the person who owns the land upon which the structure
or use is located.
A.
Any proposed development, construction, erection or
placement of one or more new principal nonresidential building(s),
other than solely for an agricultural use, shall be required to submit
a plan meeting the requirements for a preliminary plan and to meet
all of the design standards and improvement specifications stated
in the City Subdivision and Land Development Ordinance,[1] except for submission requirements specifically waived
in advance by the City Engineer or Zoning Officer as being inapplicable
to the proposal.
B.
Engineer review fees.
[Added 7-18-2001 by Ord. No. 5-2001]
(1)
All applicants for minor subdivisions relative to
a land development plan shall be required to deposit, in addition
to the application fee, the sum of $400 for a minor subdivision engineer
review. In the event that the actual review cost is less than the
amount deposited, the balance shall be then refunded to the developer.
However, in the event that the actual review cost is more than the
amount deposited, said developer shall be invoiced for the balance.
All such developments shall be reviewed by the City of Monessen's
consulting engineers.
(2)
All applicants for major subdivisions relative to
a land development plan shall be required to deposit, in addition
to the application fee, the sum of $3,200 for a major subdivision
engineer review. In the event that the actual review cost is less
than the amount deposited, the balance shall be then refunded to the
developer. However, in the event that the actual review cost is more
than the amount deposited, said developer shall be invoiced for the
balance. All such developments shall be reviewed by the City of Monessen's
consulting engineers.
Any driveway intended to provide access from
a new principal building to a public street shall be completed and
stabilized prior to issuance of a building permit for such principal
building. It is the intent of the City to reinspect each driveway
approximately two years after issuance of a permit to ensure that
the driveway was constructed according to approved plans.