The following provisions shall apply to all nonconforming uses:
A. 
A zoning certificate must be obtained by the owner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming.
B. 
A nonconforming use may be continued; however, it shall not be extended, expanded or changed unless to a conforming use, except when permitted as a special exception by the Zoning Hearing Board in accordance with the following:
(1) 
The new use will more closely correspond to the uses permitted in the district.
(2) 
The changed use will be in keeping with the character of the neighborhood in which it is located.
C. 
In the event that a nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed.
A. 
A nonconforming single-family residential structure which is not in compliance with this chapter solely by reason of an inadequate rear or side yard dimension, and provided that the nonconforming structure is used or occupied by a permitted use and located in an S or R Zoning District, may be enlarged or expanded with the approval of the Zoning Officer, provided that the side or rear yard distance of the proposed expansion to the structure is not less than the side or rear yard distance of the existing nonconforming structure used or occupied by a permitted use and located in any S or R Zoning District, and may be enlarged or expanded when permitted as a variance by the Zoning Hearing Board if the expansion, considered independently of the original structure, complies with the off-street parking requirements of this article and such expansion otherwise conforms to all requirements of this chapter.
[Amended 12-8-1992 by Ord. No. 1824]
B. 
Any nonconforming structure or a structure housing a nonconforming use damaged by fire, flood, explosion or other casualty to an extent of no more than 50% of its replacement value at the time of such casualty may be reconstructed and used as before when permitted as a special exception by the Zoning Hearing Board if such reconstruction is performed within 12 months of such casualty and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.
C. 
Where a nonconforming use is conducted inside a structure, the floor area of the structure and the nonconforming use within it may be enlarged to an extent not greater than 50% of the floor area existing at the time of adoption of this chapter, when permitted as a special exception by the Zoning Hearing Board in accordance with the following:
(1) 
There shall be no increase in noncompliance, if any, with lot and yard requirements.
(2) 
Off-street parking, as required by § 359-28, shall be provided as to the enlarged portion.
D. 
Any nonconforming permanent sign legally existing on the effective date of this chapter may continue to exist, provided that signs which are structurally deteriorated to the extent that the cost of restoration would exceed 50% of the cost of replacing the structure shall be removed. Signs which are nonconforming because of flashing lights or intermittent illumination shall be brought into compliance within 30 days of the effective date of this chapter.
E. 
When any nonconforming use or structure located in a floodplain is expanded, reconstructed or otherwise modified to an extent amounting to 50% or less of its market value, it shall be floodproofed and elevated to the greatest extent practicable.
F. 
No nonconforming use or structure located in a floodplain shall be expanded, reconstructed or otherwise modified to an extent amounting to more than 50% of its market value except in full compliance with the floodproofing standards of this chapter.
G. 
No nonconforming structure located in a floodway district shall be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
Any nonconforming lot of record existing on the effective date of this chapter and then held in separate ownership different from the ownership of adjoining lots shall be exempt from the minimum lot area, depth and width requirements provided that it is used in accordance with minimum yard requirements, and that uses other than a one-family house conform to minimum lot area per family and floor area ratio requirements of this chapter.
A. 
The Zoning Hearing Board may permit the following special exceptions in accordance with the standards stated and in compliance with Article IV of this chapter. The Zoning Hearing Board may also attach such conditions as it may deem necessary to implement the purposes of this chapter.
(1) 
Living quarters in an accessory structure as an accessory use to a one-family house to accommodate domestic employees of the residents of the principal structure.
(2) 
The accommodation of not more than two nontransient roomers as an accessory use to a one-family dwelling, provided that no sign is displayed.
(3) 
Outside storage areas in commercial and industrial districts, provided that such storage areas shall be buffered by fencing, planting or topography so as to obviate adverse effect on neighboring property and that no waste material shall be stored in such area, and such area will not eliminate the requirement for a waste handling facility as required in § 359-26F(10).
(4) 
The pursuit of vocational or avocational interests by a resident shall be deemed an accessory use to a dwelling, provided that:
(a) 
Such activity is clearly subordinate to the dwelling, does not occupy more than 25% of the floor area of one floor, does not entail internal or external alterations or construction features not customary in dwellings and there shall be no external evidence of any nonresidential activity.
(b) 
In connection with which there is no person employed, no display or sign other than a nameplate, no mechanical equipment used other than normal domestic or household equipment, no facilities which are dangerous or incompatible with the residential environment and no selling of a commodity or nonprofessional service on the premises.
(c) 
In connection with a home office, not more than one assistant is employed and no colleagues or associates use such office.
(d) 
One additional off-street parking space shall be provided for each 200 square feet of floor area devoted to such activity.
(e) 
Reasonable safeguards are established against detrimental emission of smoke, fumes, odors, dust, noise, vibration, glaring light or visual blight or pollution of any kind.
(5) 
Bed-and-breakfast. Bed-and-breakfast operations may be approved under the provisions of this subsection, if and only if, it is found to meet the following criteria:
[Added 8-9-2011 by Ord. No. 2522]
(a) 
The dwelling shall be owner occupied;
(b) 
It shall be operated by the family or a person residing permanently in the dwelling;
(c) 
No more than three sleeping rooms may be used for such purposes;
(d) 
No alteration to the exterior of the dwelling, or yard that alters the residential character of the premises is permissible;
(e) 
No more than two guests shall be permitted to a room;
(f) 
Sufficient off-street parking in accordance with Table 359-28 shall be provided;
(g) 
The bed-and-breakfast shall not generate pedestrian or vehicular traffic beyond that normally generated by multifamily dwellings in the applicable zoning district;
(h) 
The structure in which the bed-and-breakfast is located shall not be used by the public or paying guests for the hosting of receptions, private parties or the like; and
(i) 
Signage shall be limited to one nonilluminated wall-mounted sign not to exceed four square feet in area.
The following provisions shall apply to accessory uses and structures:
A. 
A zoning occupancy permit shall be required for every accessory use or structure. A review of the proposed site plan as required in § 359-26 shall be required for uses or structures accessory to any principal uses other than one-family houses, townhouses and two-family houses, except where, in the judgment of the Zoning Officer, the accessory use or structure does not affect or alter the site in any significant way.
B. 
Temporary structures and trailers used in conjunction with construction work may be permitted only during the period that the construction work is in progress. Permits for other temporary structures may be issued for sixty-day periods, but such permits shall not be renewed except as a special exception when approved by the Board.
A. 
No zoning permit or occupancy permit shall be issued for any use upon any lot except a one-family home until a site development plan has been submitted, reviewed and approved in accordance with the following provisions; provided, however, that existing structures where the occupancy is being changed without any change in use category, new construction or addition to structures and without change in the site are exempt from the site plan review requirement.
[Amended 2-14-1989 by Ord. No. 1658; 3-10-1992 by Ord. No. 1787]
B. 
The application for approval of a proposed site development plan shall be submitted in the office of the Zoning Officer and shall be accompanied by a fee established by resolution of the Council to cover the cost of review. The Zoning Officer shall set a reasonable time schedule to be followed prior to the presentation of the application to the Council.
C. 
The application shall consist of the application together with not fewer than 20 prints of each drawing submitted as part of the proposed site development plan. The proposed site development plan shall be drawn by a licensed architect, engineer, planner, surveyor or landscape architect in accordance with standard architectural and engineering practices and shall be prepared on a standard sheet size of 24 inches high by 36 inches wide to clearly indicate the following:
[Amended 4-11-1995 by Ord. No. 1938; 3-14-2000 by Ord. No. 2141]
(1) 
Property lines and total acreage of parcel proposed for development.
(2) 
All existing streets, rights-of-way, and easements related to the development.
(3) 
The location of existing driveways on adjacent properties.
(4) 
The location of relevant natural features, including but not limited to streams or other natural watercourses and adjacent lands which are subject to flooding and significant stands of existing trees.
(5) 
The location of existing structures, including structures located on abutting property if within 50 feet of the common property line.
(6) 
Required front, side and rear yard lines and any required building line.
(7) 
Contour lines at two-foot intervals where average slope is 10% or less and five-foot intervals where average slope exceeds 10% and twenty-foot intervals where average slope exceeds 25%.
(8) 
Location, dimensions, total square footage and ground floor elevations of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls, fire hydrants and fire lanes and other site improvements or amenities.
(9) 
Contours and sufficient elevations to show proposed gradings and data to show gradient of access drives, parking facilities and surface water runoff.
(10) 
Location and approximate size of utilities to serve the development.
(11) 
Schematic elevations at an appropriate architectural scale.
(12) 
Surface water runoff controls.
(13) 
Title block, giving the name of the development, property owner, developer, North point, date and scale (minimum of one inch equals 50 feet) on a standard size of 24 inches high by 36 inches wide.
(14) 
Such other information as may be required by the Zoning Officer.
D. 
For proposals in floodplains, the application shall additionally include:
(1) 
Topographic contour lines at an interval of two feet.
(2) 
The location of any existing bodies of water or watercourses, identified floodplains and information pertaining to the floodway and the flow of water, including direction and velocities.
(3) 
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.
(4) 
The elevation of the one-hundred-year flood and information concerning flood depths, pressures, impact and uplift forces and other factors associated with a one-hundred-year flood.
(5) 
Detailed information concerning any proposed floodproofing measures.
(6) 
A document, certified by a registered professional surveyor, engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities and impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure or development.
(7) 
Where any excavation or grading is proposed, a plan meeting the requirements of the Pennsylvania Department of Environmental Resources to implement and maintain erosion and sedimentation control.
E. 
Action shall be taken by the Council, either approving or disapproving, within 90 days from the date of the regular Planning Commission meeting at which the site plan first appears as an agenda item. Failure of the Council to so act shall be considered approval of the plan as submitted. The Council may attach such conditions as it deems appropriate to approval. Approval may be conditioned upon the grant of a variance or of a special exception by the Zoning Hearing Board, where such variance or special exception is required, but such conditional approval by the Council shall not be binding on the Zoning Hearing Board, and the conditional approval shall be canceled if the requested variance or special exception is denied by the Board.
[Amended 12-8-1992 by Ord. No. 1823]
(1) 
Site plan approval shall not be official until and unless the site plan as approved by the Council and including all conditions of approval by the Council is filed with the Zoning Officer within 90 days of action by the Council.
(2) 
Site plan approval shall be valid for a period of one year following Council action. If the proposed improvements are not under construction within one year or completed within two years, Council approval shall be void.
F. 
The Council shall not approve a site development plan unless the following standards are met:
(1) 
Screening. A planted visual barrier or landscape screen shall be provided and maintained on any property in a commercial or industrial district which is contiguous to any residential district, except where natural or physical barriers exist which are deemed to provide an adequate buffer by the Planning Agency. This screen shall be composed of plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of trees planted with specimens no younger than three years in age and planted at intervals of not more than 10 feet. The low-level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet placed in alternating rows to produce a dense visual barrier. Any plant not surviving three years after planting shall be replaced.
(2) 
Storage. Any article or material stored temporarily outside an enclosed building as an incidental part of the primary commercial or industrial operation shall be so screened by opaque ornamental fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
(3) 
Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings. Any off-street parking area with five or more spaces shall provide a landscaped perimeter for the parking area of not less than 5% of the parking area, which shall be in addition to open area requirements of the district. At least one tree per five parking spaces, or portion thereof, shall be provided.
(4) 
Lighting. All parking areas, driveways and loading areas, entryways and pedestrian paths shall be provided with a lighting system which shall furnish an average minimum of 0.5 footcandle within such areas during hours of operation. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.
(5) 
Interior circulation. The interior circulation of traffic in commercial areas shall be designated so that no driveway or access lane providing parking spaces shall be used as a through street. If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one-way, permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width.
(6) 
Access. Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of public streets or sidewalks, other accessways or automobile parking facilities.
(7) 
Traffic control. No design shall be approved which is likely to create substantial pedestrian or vehicular traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings, walkways and signs. The developer shall be responsible for the construction of any such traffic control devices.
(8) 
Stormwater management. Adequate stormwater retention facilities shall be provided to ensure that stormwater runoff after development shall not be greater than the runoff which would occur from the site in its natural state during a storm with a twenty-five-year probability.
(9) 
Signs. Every existing nonconforming sign shall be removed.
(10) 
Waste handling. All rubbish shall be stored in airtight, verminproof, easily cleanable, damage-resistant containers on the same lot as the principal use, with sufficient capacity for storing the maximum volume of garbage, rubbish and other waste material which may be generated on the site. For one-family attached or detached homes, such containers shall be on the same lot as the principal structure. For all other uses, such containers shall be stored on the same lot as the principal structure in a suitably buffered and landscaped area with concrete pads constructed with aprons below the frost line for vector control and having ready access for refuse trucks. Bulk refuse containers for food facilities shall be placed on concrete pads equipped with drains that permit frequent cleaning and disposal of wastewater to a sanitary sewer. Storage may also be in a separate room within the principal structure or a totally enclosed area attached to the principal structure, sprinklered and having a concrete floor designed for and capable of storing the maximum volume of garbage, rubbish and other waste material which may be generated on the site.
(11) 
Street traffic control devices.
[Added 8-13-1991 by Ord. No. 1765]
(a) 
All street name signs, traffic control signs and other traffic control devices as deemed necessary by the Municipality shall be provided and erected by the applicant.
(b) 
All street name signs shall conform to and be erected as per the Municipality of Monroeville's specifications for street name signs.
(c) 
All traffic control signs shall be Pennsylvania Department of Transportation approved, conform to applicable regulations and be placed using heavy-duty breakaway channel posts (or equal as approved by the Municipality).
(d) 
All other traffic control devices shall be Municipal approved and conform to Pennsylvania Department of Transportation as well as all other applicable regulations, including any federal or county regulations promulgated for specific projects.
(e) 
All traffic signals shall have preemptive equipment provided and erected by the applicant.
G. 
Site plan review for landfills. No zoning permit or zoning occupancy permit shall be issued for a landfill until a site development plan has been submitted, reviewed and approved by the Municipality of Monroeville in accordance with the following provisions:
[Added 7-21-1993 by Ord. No. 1843[1]; amended 4-11-2000 by Ord. No. 2142]
(1) 
The application for approval of a proposed site development plan shall be accompanied by a fee established by resolution of the Council to cover the costs of review. The Zoning Officer shall set forth a reasonable time schedule to be followed prior to the presentation of the application to the Council.
(2) 
The application shall consist of not fewer than 20 copies of the letter of application, together with not fewer than 20 copies of the drawings submitted as part of the site development plan. The proposed site development plan, a topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet size of 24 inches high by 36 inches wide shall include the following:
(a) 
Title block, giving the name of the development, property owner, developer, North point, key location map, registration stamp, date and scale on a standard sheet size of 24 inches high by 36 inches wide, with Index.
(b) 
Property lines, total acreage of parcel proposed for development and any existing landfill areas adjacent to the proposed Municipal waste landfill.
(c) 
All existing streets, rights-of-way and easements related to the development.
(d) 
Owners of adjacent properties, including the location of any existing structures and driveway locations.
(e) 
The location of natural features on site, including but not limited to streams or other natural watercourses and adjacent areas which are subject to flooding, significant stands of existing trees and the natural elevations, both the high and low points.
(f) 
The location of natural features abutting properties within 300 feet, including but not limited to streams or other natural watercourses and adjacent areas which are subject to flooding and significant stands of existing trees.
(g) 
The location of existing structures and accessory uses on site.
(h) 
The location of structures and utilities on abutting property within 300 feet of common property lines.
(i) 
Municipal waste landfill areas within the landfill site, including the staging of the proposed Municipal waste landfill development and the location of proposed access roads and proposed haul roads.
(j) 
Cross sections, at a true scale that is equal both horizontally and vertically, showing the existing grades and the proposed grades upon completion and closure of the proposed Municipal waste landfill.
(k) 
Surface water runoff and sediment controls.
(l) 
Location, dimensions, total square footage and ground floor elevations of proposed structures, walkways, driveways, entrances, parking areas, loading spaces, landscaping, signs, lighting facilities, fire hydrants and fire lanes and other site improvements and amenities.
(m) 
Location and approximate size of utilities to serve the proposed development.
(n) 
Location of proposed equipment cleaning and tire cleaning areas.
(o) 
Location of proposed weighing scales.
(p) 
Location of proposed firefighting equipment and other emergency and/or safety equipment.
(q) 
Location of any proposed fencing.
(r) 
Location of any proposed screening or buffer areas, including a planting plan and schedule for the buffer area utilizing trees, shrubs, bushes, fences and/or berms.
(s) 
A traffic impact study.
(t) 
An environmental impact statement, which shall include the following:
[1] 
A description of existing conditions in the area.
[2] 
A land use history of the property.
[3] 
A description of the proposed Municipal waste landfill and associated facilities.
[4] 
An assessment of the proposed Municipal waste landfill on the natural environment, including summary descriptions, technical data, maps and diagrams, that specifically examines geology, topography, soils, slopes, hydrology, vegetation, wildlife and air quality.
[5] 
A needs assessment showing how this proposed Municipal waste landfill complies with the Allegheny County Solid Waste Plan and justifying the need for this additional landfill space.
[6] 
The relationship of the proposed Municipal waste landfill to the surrounding community, including the impact on land use plans, policies and controls.
[7] 
An inventory of private properties served by private water supplies within 3,000 feet of the permit area.
[8] 
An historical record of previous landfill operations.
[9] 
A description of existing conditions, including, if a landfill exists, the construction details of that existing landfill and the effects of that landfill on the proposed development.
[10] 
An historical record of mining and quarrying in the area, both surface and deep mining operations.
[11] 
A chronological summary of methane gas and other gases in the area and methods for monitoring and controlling.
(u) 
A description and schedule of the postclosure plan and future plans for the proposed Municipal waste landfill.
(3) 
Site plan approval shall:
(a) 
Not be official until and unless the site plan as approved by the Council and including all conditions of approval by the Council is filed with the Zoning Officer within 90 days of action by the Council.
(b) 
Not be official until required approvals are received from county, state and federal agencies. All approved plans and any amendments and/or any substantial changes must be submitted to the Municipality within 90 days from receiving permits from requisite county, state and federal agencies.
(c) 
Be valid for a period of one year following the applicant receiving permits from requisite county, state and federal agencies. If the proposed improvements are not under construction within one year of receiving requisite county, state and federal approvals, Council approval shall be void.
(4) 
Once a year, during the anniversary month of site plan approval, the Planning Commission will review site compliance and performance. Recommendations will be forwarded to the Council as to whether the zoning permit should be extended for another year.
[1]
Editor's Note: See also § 359-33BB, Municipal waste landfills. added by this ordinance.
H. 
Site plan review for oil and gas wells. No zoning permit or zoning occupancy permit shall be issued for an oil and gas well until a site development plan has been submitted, reviewed and approved by the Municipality of Monroeville in accordance with the following provisions:
[Added 10-14-2008 by Ord. No. 2430; amended 12-9-2008 by Ord. No. 2437]
(1) 
The application for approval of a proposed site development plan shall be accompanied by a fee established by resolution of the Council to cover the costs of review. The Zoning Officer shall set forth a reasonable time schedule to be followed prior to the presentation of the application to the Council.
(2) 
The application shall consist of not less than 20 copies of the letter of application together with not less than 20 copies of the drawings submitted as part of the site development plan. The proposed site development plan, a topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet size of 24 inches high by 36 inches wide, to include the following:
(a) 
Title block giving name of development, property owner, developer, North point, key location map, registration stamp, date and scale on a standard sheet size of 24 inches high by 36 inches wide, with Index;
(b) 
Property lines, total acreage of parcel proposed for development and any existing oil and gas well areas adjacent to the proposed oil and gas well;
(c) 
All existing streets, rights-of-way, and easements related to the development;
(d) 
Owners of adjacent properties, including the location of any existing structures and driveway locations;
(e) 
The location of relevant natural features on site, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees;
(f) 
The location of relevant natural features abutting properties within 300 feet, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees;
(g) 
The location of structures on abutting property within 300 feet of common property lines;
(h) 
The location of the oil or gas well and any associated facilities and equipment;
(i) 
The location of existing structures and accessory uses on site;
(j) 
The location of vehicle and equipment cleaning and tire cleaning areas. A program for removing mud and other site debris from the Municipal streets;
(k) 
The location of proposed access roads and proposed haul roads;
(l) 
The location of stormwater and sediment controls;
(m) 
A landscaping plan shall include fence and vegetation, specifically identifying the types of perennial coverage of coniferous trees and shrubs, and/or fencing of the site after construction so as to screen the well and related equipment from adjoining properties, parks and streets, public and private;
(n) 
A sight distance evaluation plan with the oil and gas well extraction site at the center of the plan, radiating out 500 feet from this spot, to show the sight lines to all structures, parks and any public or private street;
(o) 
An environmental impact statement, which shall include the following:
[1] 
A description of existing conditions in the area;
[2] 
A land use history of the property;
[3] 
A description of the proposed oil and gas well and associated facilities;
[4] 
An assessment of the proposed oil and gas well on the natural environment, including summary descriptions, technical data, maps and diagrams, that specifically examines geology, topography, soils, slopes, hydrology, vegetation, wildlife and air quality;
[5] 
The relationship of the proposed oil and gas well to the surrounding community, including the impact on land use plans, policies and controls;
[6] 
An inventory of private properties served by private water supplies within 3,000 feet of the permit area;
[7] 
A historical record of previous oil and gas well operations; and
[8] 
A description of existing conditions, including if an oil and gas well exists, and the construction details of that existing oil and gas well.
(3) 
Site plan approval shall not be official until and unless the site plan as approved by the Council and including all conditions of approval by the Council is filed with the Zoning Officer within 90 days of action by the Council.
(4) 
Site plan approval is not official until required approvals are received from county, state and federal agencies. All approved plans, any amendments and/or any substantial changes must be submitted to the Municipality within 90 days from receiving permits from requisite county, state and federal agencies.
(5) 
Site plan approval shall be valid for a period of one year following the applicant receiving permits from requisite county, state and federal agencies. If the proposed improvements are not under construction within one year of receiving requisite county, state and federal approvals, Council approval shall be void.
(6) 
Once a year, during the anniversary month of site plan approval, the Planning Commission will review site compliance and performance. Recommendations will be forwarded to the Council as to whether the zoning permit should be extended for another year.
No sign shall be permitted in any district except as an accessory use as herein provided.
A. 
Permit. No sign, except a nameplate or temporary real estate sign as specified herein, shall hereafter be erected or altered in any way unless a sign permit has been issued by the Zoning Officer. Applications for sign permits shall include detailed drawings of the construction and design of the sign and shall be accompanied by such fee as may be required by resolution of the Council. Such sign permit shall not obviate compliance with building permit requirements as required by the Monroeville Building Code.[1]
[1]
Editor's Note: See also Ch. 162, Building Construction; and Ch. 176, Construction Codes, Uniform.
B. 
Conformance. No new sign shall be permitted on any property unless every sign on the property shall be in conformance with this section. A sign which is not expressly permitted is prohibited.
C. 
Animation. No sign shall move, flash or emit noise.
D. 
Traffic hazard. No sign shall be constructed, located or illuminated in any manner which causes undue glare, distraction, confusion, nuisance or hazard to traffic or other properties or which obstructs fee and clear vision of traffic flow.
E. 
Nameplate sign. One nameplate sign not exceeding 1 1/2 square feet in surface area and not internally illuminated is permitted which announces the name, address or professional activity of the occupant of the premises or the name of the building.
F. 
Multifamily nameplate sign, one nameplate sign for a multifamily structure not exceeding 12 square feet in surface area is permitted which identifies the name of the structure for a multiple-family dwelling, sanitarium or tourist home. For any multiple-family dwelling over four stories in height, a nameplate sign which is permanently attached to a wall of the structure and identifies only the name of the development is permitted, but the surface area shall not exceed 1/3 (33 1/3%) of the total area of the exposed wall surface of one story of the side of the structure to which the sign is affixed, and in no case shall the sign exceed 225 square feet.
G. 
Bulletin boards, one bulletin board, not illuminated except by indirect light and not exceeding 30 square feet in surface area, is permitted in connection with any church, school, country club or similar public structure.
H. 
Temporary signs.
[Amended 7-9-1991 by Ord. No. 1760]
(1) 
A temporary sign not exceeding 225 square feet in area may be permitted by the Zoning Officer for a period of four weeks or less, provided that the sign is safely installed and is consistent with the area in which it is to be located. A temporary sign may be installed for a period longer than four weeks upon approval as a special exception by the Zoning Hearing Board of the Municipality of Monroeville pursuant to § 359-25B.
(2) 
Any Municipality of Monroeville civic or community organization may erect a temporary sign within the Municipality; however, said organization must file an application with the Municipality, except that said organization shall be exempt from the payment of the temporary sign fee.
I. 
Temporary real estate and political signs.
[Amended 7-9-1991 by Ord. No. 1760]
(1) 
One temporary real estate sign is permitted on any property being sold, leased or developed if it is not illuminated, not less than 10 feet from the curb and is no larger in surface area than 16 square feet in any residential district or 25 square feet in any commercial or manufacturing district. Such sign shall be limited to advertising the sale or lease of the premises on which it is located or to providing pertinent information regarding the developers, builders, contractors, architects, engineers and other agents responsible for the development. Such sign shall be promptly removed when the sale, lease or development of the property has been completed.
(2) 
Political signs shall be permitted upon any private or public property, with the consent of the owner of said property, in any zoning district of the Municipality of Monroeville. No temporary political sign may be constructed prior to 20 days prior to any primary, general or special election to be held. Said temporary political sign must be removed within five days after the primary, general or special election has been held.
J. 
Temporary real estate directional signs. A temporary real estate directional sign to direct potential buyers to residential properties in Monroeville being offered for sale may be permitted on Sundays and on special showing days, but not during rush hours, if it is not illuminated, no larger in surface area than six square feet and does not conflict with or confuse traffic flow. Where such sign is in conflict with any of these requirements, it shall be confiscated by the Municipality.
[Added 6-9-1987 by Ord. No. 1571]
K. 
Business signs. Signs on the premises occupied by any legal business or industry shall be permitted if the following requirements are met:
(1) 
No sign shall contain any information or advertising for any product not sold on the premises.
(2) 
Business signs shall have an aggregate surface area, including all faces, not greater than two square feet for each foot of width of the zoning lot measured along the right-of-way, and no sign shall in any case exceed an area of 225 square feet.
(3) 
No sign shall project over any public sidewalk or right-of-way.
(4) 
A sign located on a roof shall not extend more than 15 feet above the roof level and shall not be so placed as to interfere with openings in the roof or to prevent free access from one part of the roof to any other part.
(5) 
Any sign attached permanently against a wall shall be not less than eight feet above the sidewalk or ground if it is not illuminated and not less than 12 feet if illuminated. Any such sign shall not project above the wall to which it is attached, shall not cover in part or in whole any wall opening and shall not protrude more than 12 inches from the wall to which it is attached.
L. 
Additional business sign. The Planning Agency may authorize additional business signs if:
(1) 
The business fronts on more than one thoroughfare.
(2) 
More than one business is located in one structure. In such instance, the combined total surface area of the business signs shall not exceed two square feet for each foot of the right-of-way, and no sign shall in any case exceed an area of 225 square feet.
(3) 
The maximum permitted sign area may be divided between a maximum of two signs, provided that such signs are no less than 100 feet apart.
M. 
Logo sign. In addition to a business sign, one single- or double-faced freestanding logo sign may be erected on a site occupied by any legal business or industry which has a lot greater than 1/2 acre and on which all structures are set back 40 feet or more from all property lines if:
[Amended 1-11-2005 by Ord. No. 2325; 12-11-2012 by Ord. No. 2566]
(1) 
The sign displays nothing other than the logo type, trademark or name of the company or commercial center on the premises.
(2) 
The sign has a height no greater than 24 feet above basic grade and is no closer than 10 feet to any property line.
(3) 
The sign shall have an aggregate area, including all sign faces, no greater than one square foot for each linear foot of property frontage along a public thoroughfare; but shall not in any case exceed an area of 225 square feet. The maximum permitted sign area may be divided between a maximum of two logo signs, provided such signs are not less than 100 feet apart.
(4) 
Where a property fronts on more than one public thoroughfare, a logo sign(s) may be installed along each public thoroughfare.
(5) 
The electronic message center and/or electronic fuel pricing sign(s) will be considered secondary signage. Each shall have a black background/face with multicolored changeable copy. The electronic message center and/or electronic fuel pricing sign(s) shall not exceed a maximum size of 24 square feet each, per side, and the total square footage of each sign(s) must be calculated into the maximum permitted sign area as calculated in Subsection M(3). Additionally, the character height shall not exceed 18 inches in height; with no more than three lines of copy per each electronic sign board, and all copy or other images that physically change or give the appearance of change shall be displayed at intervals of not less than 15 seconds. Running, flashing or other distracting movement, that copies the impression of a traffic control device, signal, lighting or signage, of the changeable copy is prohibited.
N. 
Directional signs. A sign directing traffic to a major shopping center or industrial facility may be located at or near the intersection of public streets as a special exception approved by the Zoning Hearing Board if:
(1) 
Such sign shall be limited to those businesses having 50 or more on-site employees or groups of 10 or more businesses having a common identification, such as a shopping center or industrial park.
(2) 
Such sign shall be four feet in width by eight inches in height and shall have white letters on a blue background.
(3) 
No more than one set of posts shall be installed on any approach to an intersection, and no more than six directional signs shall be attached to each set of posts.
(4) 
The signs shall be placed in the public right-of-way in such a manner that they do not obstruct the safety and vision of traffic or otherwise constitute a hazard to traffic. Appropriate permits from the appropriate authority having jurisdiction must first be obtained.
(5) 
Such signs shall be owned by the Municipality of Monroeville, and the Council shall have the right to maintain or remove such signs without compensation to the beneficial user of such sign.
O. 
Billboards and outdoor advertising signs. No billboard, freestanding or overhanging outdoor advertising shall be permitted in any zoning district of the Municipality of Monroeville, except as provided for in the zoning districts designated on Exhibit A which is attached hereto and incorporated herein.[2] Billboards and/or outdoor advertising signs may be permitted as a conditional use when approved by Council, after submission and review by the Planning Commission, and provided that all of the following requirements are met:
[Added 8-13-1994 by Ord. No. 1764]
(1) 
Location. Billboards and/or outdoor advertising signs may not be erected within an R Zoning District or within 500 feet of the boundary line of an R District or within 750 feet of the line of any public or private school property, park, library, church or other house of worship. The required spacing shall be measured from a point perpendicular to the centermost point of the billboard and/or outdoor advertising structure along the front line parallel to the center line of the roadway to which the billboard and/or outdoor advertising sign is oriented.
(a) 
The minimum front, side and rear yard requirements applying to a principal use as set forth within a zoning district in which the billboard and/or outdoor advertising sign is to be located shall apply to each billboard and/or outdoor advertising structure.
(b) 
The maximum lot coverage as specified in § 359-15 of this chapter shall apply to any lot upon which a billboard and/or outdoor advertising structure is located and shall be cumulative, including any other structures and buildings on the same lot therewith.
(c) 
No billboard and/or outdoor advertising structure shall be erected in such a manner as to block the view from the road, street or driveway of any existing business sign, logo sign or residential or nonresidential structure or limit or reduce the light and ventilation requirements under the Municipal Building Code.[3]
[3]
Editor's Note: See also Ch. 162, Building Construction; and Ch. 176, Construction Codes, Uniform.
(d) 
No billboard and/or outdoor advertising structure shall be constructed within the clear-sight triangle of a public street, road or roadway on which it is situated, nor shall it in any case obstruct or impede traffic safety.
(e) 
All billboards and/or outdoor advertising signs shall maintain a lateral minimum spacing of 750 feet between billboards and/or outdoor advertising structures. Required spacing shall be measured from a point perpendicular to the centermost point of the billboard and/or outdoor advertising structure to the front line parallel to the center line of the roadway to which the billboard and/or outdoor advertising structure is oriented.
(f) 
No billboard and/or outdoor advertising sign may be mounted or painted on a roof, wall or other part of a building or any other structure.
(2) 
Size and height. A billboard and/or outdoor advertising structure shall have a maximum allowable gross surface area of 150 square feet per sign face. A billboard and/or outdoor advertising structure may have a minimum of two sign faces per structure. However, the gross surface area of each sign face shall not exceed 150 square feet.
(a) 
The billboard and/or sign faces shall be placed back-to-back or in a V-shaped configuration on a single pole.
(b) 
The billboard and/or outdoor advertising sign's maximum dimension shall not exceed 10 feet in height and 15 feet in width. Said total height and total length will be measured from the outside dimensions of the billboard and/or outdoor advertising sign.
(c) 
A billboard and/or outdoor advertising structure shall have a maximum height above the curb of the roadway from which it is intended to be viewed of 24 feet above the curb of the closest street to which it faces. However, the height of a billboard and/or outdoor advertising structure shall be measured from the base of grade to the top of the structure.
(3) 
Construction methods. Billboards and/or outdoor advertising structures shall be constructed in accordance with applicable provisions of the Monroeville Municipality Building Code[4] and shall be designed by a professional/civil engineer licensed in the Commonwealth of Pennsylvania and shall include the submission of calculations on the structure and foundation. In addition:
(a) 
Any billboard and/or outdoor advertising structure shall have a maximum of one vertical support which shall be a maximum of three feet in diameter, or width, and without bracing or vertical support.
(b) 
A billboard and/or outdoor advertising sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.
(c) 
The one vertical support shall be capable of enabling the entire side face to be able to withstand a minimum wind load of 60 miles per hour.
(d) 
The entire base of the structure (i.e., sign face) shall be permanently landscaped with suitable shrubbery and/or shrubs of a minimum height of three feet placed in such manner as to screen the foundation of the structure.
(e) 
Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices and Municipal ordinances.
(f) 
Permanent landscaping shall form a base and/or backdrop to the billboard and/or outdoor advertising sign when practical in the opinion of the Zoning Officer.
(g) 
All curbs and grading shall be in accordance with Municipal Ordinance No. 1535.[5]
[5]
Editor's Note: Ordinance No. 1535, adopted 7-8-1986, as amended, regarding grading and sediment control, was repealed 3-14-1995 by Ord. No. 1936. Ordinance No. 1936 was repealed on 11-9-2011 by Ord. Nos. 2528 and 2529, which ordinances respectively enacted Ch. 243, Land Disturbance, and Ch. 340, Timber Harvesting.
(h) 
No bare cuts are permitted on a hillside.
(i) 
All cuts or fills are to be permanently seeded or planted and maintained in accordance with the Municipal codes and ordinances.
(j) 
Any billboard and/or outdoor advertising structure with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum of 1.5 footcandles upon the adjoining property.
(k) 
Display lighting shall not operate between 12:00 midnight and 6:00 a.m. prevailing local time.
(l) 
No billboard and/or outdoor advertising structure, sign face or display lighting shall move, flash or emit noise. No display lighting shall cause distraction, confusion, nuisance or hazard to traffic, aircraft or other properties.
(m) 
The use of colored lighting is not permitted.
[4]
Editor's Note: See also Ch. 162, Building Construction; and Ch. 176, Construction Codes, Uniform.
(4) 
Maintenance.
(a) 
Any billboard and/or outdoor advertising structure shall be entirely painted every three years.
(b) 
Any billboard and/or outdoor advertising structure shall be constructed with noncombustible material and be maintained in a good condition.
(c) 
Every 10 years the owner of the billboard and/or outdoor advertising structure shall have a structural inspection made of the billboard by a qualified Pennsylvania registered civil engineer and shall provide to the Municipality a certificate from the engineer certifying that the billboard is structurally sound.
(d) 
Annual inspections of the billboard and/or outdoor advertising structure shall be conducted by the Municipality to determine compliance, and upon failure of compliance with the regulations set forth in this section the billboard and/or outdoor advertising structure may be removed within 30 days upon notification to the owner by the Municipality.
(e) 
Any billboard and/or outdoor advertising structure found to be in violation of this section shall be brought into compliance or removed within 30 days upon proper notification by the Municipality to the owner.
(f) 
Any billboard and/or outdoor advertising structure using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging or falling from the structure.
(5) 
Permits. Prior to submission of an application for a building permit, the applicant for a billboard and/or outdoor advertising structure shall obtain and submit an application along with approvals from the County of Allegheny and the Commonwealth of Pennsylvania and, when applicable, the United States Federal Aviation Administration or any other federal agency.
(6) 
Application fees. Said application shall be accompanied by an application fee in an amount equal to that set by resolution of Council.
[2]
Editor's Note: Exhibit A (the Zoning Map) is on file in the Municipal offices. See also § 359-4.
[Added 7-13-1999 by Ord. No. 2116]
A. 
Political signs prohibited on public property.
(1) 
In the consideration of the public safety concerns heretofore cited in the recital and to preserve the order and cleanliness of the Municipal rights-of-way and public property and to avoid the appearance of clutter; to protect property values; to avoid litter and growth of weeds around signs; to reduce traffic hazards caused by distraction to motorists and the impairment of sight lines; to ensure that the Municipality remains an attractive place to live and work; to reduce administrative burden and to reduce the necessity of expending public funds to remove political candidate signs and to protect the health, safety and welfare, morals, convenience and comfort of the public, all political candidate signs or political signs are prohibited from being affixed, placed or erected on public property or within the public rights-of-way, or on medial barriers, telephone poles or pillars and trees located within the public rights-of-way, anywhere within the territorial limits of the Municipality of Monroeville.
(2) 
No person, firm, corporation, association, their employees or agents shall nail, tack, glue, hang or otherwise affix or locate any political signs, poster, banner, bumper sticker within or on public property or within public rights-of-way of the Municipality.
B. 
Removal. Any person, firm, corporation, association, candidate or its employees or agents who affixed or placed any political signs, posters, banner or bumper stickers on public property or within the public rights-of-way shall remove the same within a period of 24 hours of being notified by the Municipality of Monroeville to remove the aforesaid signs, posters, banners or bumper stickers. The Municipality reserves the right to remove and may remove any and all such political or candidate signs, posters, banners or bumper stickers at any time from the public property and the public rights-of-way without notice. The reasonable cost of removal of the same by the Municipality may be billed and assessed to the political candidate, person, firm, corporation, association or candidate's name who is affixed to said political sign, poster, banner or bumper sticker.
C. 
Nonpayment for removal. If after three days' notice, said person, firm, corporation, association or candidate does not reimburse the Municipality for the expenses of the removal of said political signs, posters, banners or bumper stickers, after demand for payment by the Municipality, then the Solicitor of the Municipality of Monroeville is hereby authorized to initiate suit in the name of the Municipality of Monroeville to collect said cost in the manner provided by law.
D. 
Penalties. Any person, firm, employee, corporation, association, committee to elect or to re-elect, supporter or political candidate who or which shall violate or shall fail, neglect or refuse to comply with any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days; provided, however, that each sign and each day of violation shall constitute a separate offense.
E. 
Affirmation and repealer. Ordinance Nos. 1443, 1760 and 1893 are affirmed by this section to the extent they do not conflict with the terms and conditions of this section. Any ordinance or part of any ordinance in conflict herewith is repealed.
[Added 6-13-2000 by Ord. No. 2145]
A. 
General prohibition.
(1) 
In the consideration of the public safety concerns heretofore cited in the recital and to preserve the order and cleanliness of the Municipal rights-of-way and public property; and to avoid the appearance of clutter; to protect property values; to avoid litter and growth of weeds around signs; to reduce traffic hazards caused by distraction to motorists and the impairment of sight lines; to ensure that the Municipality remains an attractive place to live and work; the Municipality hereby prohibits all signs in the public right-of-way or on medical barriers, telephone poles or pillars and trees, or any other structure located within the public rights-of-way anywhere within the territorial limits of the Municipality of Monroeville;
(2) 
No person, firm, corporation, association, their employees or agents shall nail, tack, glue, hang or otherwise affix or locate any sign, poster, and/or banner within or on public property or within public rights-of-way in the Municipality of Monroeville.
B. 
Exceptions. The following signs shall be excepted from the prohibition as set forth in Subsection A, General prohibition, hereinabove:
(1) 
Directional or warning signs and official signs or notices, danger and precautionary signs that relate to the premises; and signs where notices of a railroad, other transportation or communication company that are necessary for the direction, information or safety of the public.
(2) 
Signs advertising the sale or lease of the real property on which they are located.
(3) 
Signs advertising activities conducted on the premises.
(4) 
Signs that the state or other agency of the state has approved for presentation on school bus waiting shelters.
(5) 
Signs directing people to local towns, historical sites or attractions.
C. 
Removal. Any person, firm, corporation, association or its employees or agents who affixed or placed a banned sign on public property or within the public rights-of-way shall remove the same within a period of 24 hours of being notified by the Municipality of Monroeville. The Municipality reserves the right to remove and may remove any and all such signs, posters, banners or bumper stickers at any time from the public property and the public rights-of-way without notice. The reasonable cost of removal of the same by the Municipality may be billed and assessed to the person, firm, corporation, association who affixed or otherwise located said sign, poster, banner or bumper sticker within the public property or public rights-of-way.
D. 
Nonpayment for removal. If, after three days' notice, said person, firm, corporation or association does not reimburse the Municipality for the expenses of the removal of said signs, posters, banners or bumper stickers, after demand for payment by the Municipality, then the Solicitor of the Municipality of Monroeville is hereby authorized to initiate suit in the name of the Municipality of Monroeville to collect said cost in the manner provided by law.
E. 
Penalties. Any person, firm, employee, corporation or association who shall violate or shall fail, neglect or refuse to comply with any provision of this section, shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days; provided, however, that each sign and each day of violation shall constitute a separate offense.
F. 
Severability. In the event that there is a successful challenge to the constitutionality of this section, it is the intent of the Municipality that the offending words be separated from the constitutional portions of the section. The Municipality understands that in separating the unconstitutional provisions from the constitutional provisions, the Court will be further restricting the placement of signs, and it is the Municipality of Monroeville's specific preference that the Court take such steps to sever the offending provisions.
G. 
Affirmation and repealer. Ordinance Nos. 1443, 1760, 1893 and 2116 are affirmed by this section to the extent they do not conflict with the terms and conditions of this section. Any ordinance or part of any ordinance in conflict herewith is repealed.
A. 
Off-street parking spaces shall be provided in accordance with the specifications in this section whenever any new use is established or existing use is enlarged in every district.
[Amended 2-9-1993 by Ord. No. 1829; 7-21-1993 by Ord. No. 1843[1]; 5-11-1994 by Ord. No. 1886; 8-8-1995 by Ord. No. 1952; 5-12-1998 by Ord. No. 2081; 8-10-1999 by Ord. No. 2118; 6-9-2009 by Ord. No. 2455; 8-9-2011 by Ord. No. 2522]
Table 359-28
Off-Street Parking Requirements
Use
Parking Spaces Required
Single-family residential
2 for each dwelling unit
Two-family house, townhouse
2 for each dwelling unit
Bed-and-breakfast
1 for each guest room, plus the applicable number of spaces required for the underlying dwelling
Apartments, garden apartments
1 1/2 for each dwelling unit
Dormitory, group housing
1 for every 3 beds
Elderly housing
1 for every 2 units
Church, school
1 for every 4 seats in the largest meeting room
Tennis or squash court
3 for every court
Retail sales
1 for every 200 square feet of gross floor area
Office
1 for every 250 square feet of gross floor area
Funeral home
8 for each reposing room, 24 minimum
Restaurant
1 for every 80 square feet of gross floor area
Business services
1 for every 250 square feet of gross floor area
Bowling alley
6 for each alley
Hospital
1 for every 800 square feet of gross floor area
Hotel, motel
1 for every rental unit
Vehicle sales area, or vehicle repair
1 for every 500 square feet of gross floor area
Gas station
1 for every 200 square feet of gross floor area, 8 minimum
Helicopter pad
1 for every 1,000 square feet of operational area, including taxiways, landing pads and storage areas
Light manufacturing, manufacturing plant, warehouse
1 for every 3 employees; 1 for every 2,000 square feet of gross floor area
Municipal solid waste landfill
1 for each employee, plus 30% of the total number of employees; minimum of 30
Nursing home
1 for every 3 beds
Personal care home
1 for every 3 beds
Commercial communication tower
2; and at facilities which require on-site personnel, 1 additional space for each employee shall be provided at the site
Public use
Office and other areas used by the public
1 per 300 square feet of gross floor area
Secure areas and public safety areas not accessible by the public
1 per 500 square feet of gross floor area
Mechanical and storage areas
1 per 1,000 square feet of gross floor area
Vehicle repair and servicing areas
1 per 500 square feet of gross floor area
Those public use areas not identified
Determined by the governing body after a parking demand analysis
Theater
1 for every 3 seats in a theater(s) plus 1 per each employee in the peak employment shift
Theater, located as part of a group unit development
Determined by the governing body after a parking demand analysis
All other uses not specifically identified
Determined by the governing body after a parking demand analysis
[1]
Editor's Note: This ordinance, which added municipal waste landfill to the table below, also added § 359-33BB with penalty provisions in § 359-33BB(21).
B. 
Alternate parking. Council may require or approve alternate design standards for off-street parking in response to unusual conditions, such as dead car storage, attendant parking, indoor parking, interaction between different abutting uses in the same zoning district or a clearly documented difference between expected parking load and required parking spaces, provided that any reduction in the number of required spaces so granted shall be offset by a reserved area for future installation of a like number of spaces to be so improved at the discretion of the Municipality.
C. 
Every off-street parking space shall have a rectangular area of not less than nine feet by 18 feet. If parking spaces are indicated by lines other than 90°, then traffic lanes shall be restricted to one-way, permitting head-in parking only.
D. 
Every off-street parking lot shall be graded for proper drainage and paved in accordance with Municipal standards. Continuous six-inch curbing shall be installed to assure safe and efficient flow of traffic, prevent encroachment onto required yards and direct stormwater, and such curbing shall be installed in compliance with an approved site plan. Parking aisle separators, sidewalks and landscape plantings shall be provided as required and approved by Council. Parking perpendicular to the grade shall be permitted up to a grade of 5%; parking parallel to the grade shall be permitted up to a grade of 7%; no parking shall be permitted on a grade in excess of 7%.
E. 
Parking spaces suitable for the needs of the handicapped will be provided as approved on the site plan, and signs, railings and ramps will be provided as appropriate to the site.
F. 
Any lighting used to illuminate an off-street parking lot shall be arranged so as to reflect light away from adjoining premises in any R District.
G. 
When determination of off-street parking results in a requirement of a fractional space, any fraction shall be counted as one parking space.
H. 
Off-street parking spaces shall be located on the same zoning lot as the principal use or on an adjacent lot in the same zoning district, except that spaces for churches and public places of assembly may be located on a different lot within 400 feet of the principal use after site plan approval.
I. 
A multiple-family dwelling or multistory dwelling designed and operated as housing for the elderly shall require a minimum of one parking space on the same lot with the main structure or structures for each two dwelling units.
J. 
In addition to the above-stated parking requirements, every apartment structure, except those operated as housing for the elderly, shall provide an open land area suitable for future conversion to off-street parking which can add an additional 1/2 parking space per dwelling unit. Such land banked for future parking need not be improved as parking spaces until and unless a need for such additional spaces is determined by the Council to exist. Such determination shall be based upon substantial evidence of such need.
K. 
Parking demand analysis. When no specific parking requirement is listed in Table 359-28 or pursuant to the request of the Municipality, an applicant shall submit an analysis to establish the anticipated parking demand for the proposed development. The applicant shall submit the following:
[Added 6-9-2009 by Ord. No. 2455]
(1) 
Specific information related to the proposed development, including but not limited to, building area; employees; acreage; seating capacity; visitors; customers; shifts; deliveries; and dwelling units.
(2) 
Estimates of parking demand, which may include a recommendation from the Institute of Transportation Engineers, data collected from uses that are the same or comparable to the proposed use or other relevant information.
(3) 
The proposed traffic circulation for the development, as directed by the Municipal Traffic Engineer.
(4) 
Any other information necessary to understand current and projected parking demand, as directed by the Municipal Traffic Engineer.
(5) 
For multi-use developments, a parking demand analysis shall be submitted to the Municipality based on the combined uses of all facilities on the site simultaneously.
One off-street berth of not less than 10 feet by 50 feet shall be provided for every new business or industrial use with a floor area of more than 2,500 square feet, and one additional berth shall be required for each additional 20,000 square feet of floor area over the first 20,000 square feet of floor area. Access and space to maneuver shall be sufficient so that no truck need back onto any public street nor across any public sidewalk.
The following provisions shall apply to all uses of land in all districts unless otherwise noted. Certain activities, such as highway construction and the like, may be excepted from the following requirements, provided that such activities are closely controlled by other governmental environment protection agencies and that Municipal reviewing agencies are satisfied that the spirit and intent of this chapter are being met through the review processes, bonding requirements and administrative activities of the appropriate environmental protection agencies.
A. 
Any person, partnership or corporation proposing to dump wastes or hazardous materials on any land within Monroeville must first obtain certificates from the United States Environmental Protection Agency and appropriate Pennsylvania and Allegheny County agencies to certify that such wastes and materials are not hazardous to the health, safety and general welfare of the residents of Monroeville and the surrounding region. Outdoor storage of garbage, rubbish, trash, refuse, junk or discarded articles is prohibited in every zoning district unless stored pursuant to § 359-26F(10).
B. 
Reasonable safeguards shall be established for all uses in every zone to prevent possible detriment to neighboring properties through emission of smoke, fumes, odor, dust, noise, vibration or glaring light.
C. 
All utilities, including electrical and telephone lines, shall be underground except in floodplain districts.
[Added 6-9-1987 by Ord. No. 1571]
The following provisions shall apply to all uses of land in all residential districts:
A. 
In every residential development, other than a development of less than 50 one-family detached houses, the developer shall provide recreational facilities approved by the Planning Agency as appropriate to the population to be housed in such development.
B. 
In any residential development, other than one-family, the developer shall provide a pedestrian circulation system which, as a minimum, shall be comprised of sidewalks not less than four feet in width located along public streets. The pedestrian circulation system in a planned development shall be a part of the development plan.
C. 
In any one-family attached or garden apartment development, differing setbacks, rooflines and first floor elevations may be required in order to best adapt to the specific topography of the site.
D. 
In every residential development, all required yards will be permanently maintained in grass planting or in other acceptable landscape planting.
E. 
The floor area for every dwelling unit shall not be less than 1,000 square feet for a one-family dwelling, a two-family dwelling or a one-family attached dwelling. In multiple-family structures other than one-family attached units, the floor area per dwelling unit shall not be less than 750 square feet for a unit having three or more bedrooms; 600 square feet for a unit having two bedrooms; or 450 square feet for a unit having one bedroom or for an efficiency apartment. The floor area shall not be less than 800 square feet for a mobile home.[1]
[1]
Editor's Note: Former Subsection F, regarding fencing for private swimming pools, which immediately followed this subsection, was repealed 8-10-2004 by Ord. No. 2305.
[Added 5-10-2011 by Ord. No. 2516]
Accessory outdoor dining area shall be an accessory use to an establishment, subject to the following provisions:
A. 
Purpose. The purpose of this section is to establish regulations for an accessory outdoor dining area for new and existing restaurants within the Municipality. These standards are designed to ensure that the space used for accessory outdoor dining area shall, at all times, serve a public purpose and allow for adequate pedestrian circulation. The overall objective of this section is to provide a safe environment for diners, pedestrians, vehicular traffic and parking.
B. 
Permitted. An accessory outdoor dining area may be permitted within the C-1 Shopping Commercial, C-2 Business Commercial and C-3 Commercial Zoning Districts as an accessory use to: restaurants, coffee shops, taverns, bars, other food service establishments.
C. 
Regulations.
(1) 
An accessory outdoor dining area is permitted where the pedestrian walkway is wide enough to adequately accommodate both the usual foot traffic in the area and the operation of the accessory outdoor dining activity. An accessory outdoor dining area shall leave not less than four consecutive feet of pedestrian pathway at every point, which is clear for unimpeded foot traffic. All fire hydrants, emergency exits, handicapped and pedestrian ingress and egress areas shall remain unobstructed and compliant with existing accessibility laws.
(2) 
The accessory outdoor dining area shall not exceed 721 square feet.
(3) 
Furnishing for an accessory outdoor dining area shall consist solely of movable tables, chairs and decorative accessories.
(4) 
Restaurant management shall be responsible for operating and supervising the accessory outdoor dining area.
(5) 
The accessory outdoor dining area shall not encroach into any required front, side and rear yards, or other leaseholds, ownership interests, or business interests.
(6) 
The accessory outdoor dining area shall not encroach within 100 feet measured from the closest point of building or service area, to a building of residential use.
(7) 
The accessory outdoor dining area shall not encroach into designated parking areas.
(8) 
Within 100 feet measured from the closest point of building or service area to building of a residential use, service to the accessory outdoor dinning area shall be opened no earlier than 7:00 a.m. and closed no later than 11:00 p.m. prevailing local time.
(9) 
No signs shall be permitted in the accessory outdoor dining area except a two-foot-by-three-foot identification or menu sign.
(10) 
The use of retractable awnings or canopies shall be maintained at least eight feet above sidewalk level and shall not exceed 15 feet in height. The use of removable umbrellas shall be maintained at least seven feet above sidewalk level and shall not exceed 15 feet in height. No umbrellas, canopies or awnings shall block the view of any required safety signage.
(11) 
Lighting shall be incorporated into the facade of the building and shall complement the style of the building. Lights on the building shall not be glaring to the pedestrians and shall illuminate only the accessory outdoor dining area. General illumination shall be adequate for a patron to read standard newsprint.
(12) 
Applicants shall provide information illustrating the intended location of the accessory outdoor dining area.
(13) 
No accessory outdoor dining area shall be established or operated without first obtaining an accessory outdoor dining area permit, subject to the licensing requirements in Chapter 256, Mercantile (Business) Licenses, as amended, of the Code of the Municipality of Monroeville. Said license shall not be transferable upon assignment or sale of said business.
[1]
Editor's Note: Former § 359-32, Property Maintenance, added 6-9-1987 by Ord. No. 1571, was repealed 5-11-2004 by Ord. No. 2297.
[Added 1-8-2013 by Ord. No. 2571]
A solar photovoltaic system shall be an accessory use/structure, subject to the following provisions:
A. 
Purpose. The purpose of this section is to establish regulations to promote the safe, effective and efficient use of installed solar photovoltaic systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and properties. This section seeks to:
(1) 
Provide property owners and business owners/operators with flexibility in satisfying their on-site energy consumption.
(2) 
Reduce overall energy demands within the Municipality and to promote energy efficiency.
(3) 
Integrate alternative energy systems seamlessly into the Municipality community neighborhoods and landscapes without diminishing quality of life in the neighborhoods.
B. 
Applicability.
(1) 
This section applies to building-mounted and ground-mounted systems installed and constructed after the effective date of this section.
(2) 
Solar PV systems constructed prior to the effective date of this section are not required to meet the requirements of this section.
(3) 
Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this section.
C. 
Permitted. Building-mounted and ground-mounted solar photovoltaic systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper permit pursuant to § 359-14 and upon compliance with all requirements of this section and elsewhere specified in this chapter.
D. 
Location within a lot.
(1) 
Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in § 359-49 of this chapter. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.
(2) 
Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.
E. 
Design and installation standards.
(1) 
The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.
(2) 
All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania.
(a) 
For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.
(3) 
The solar PV system must be constructed to comply with the most recent fire code as amended and adopted by the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See also Ch. 206, Fire Prevention.
F. 
Setback requirements.
(1) 
Ground-mounted systems. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV-related equipment or parts.
G. 
Height restrictions.
(1) 
Notwithstanding the height limitations of the zoning district:
(a) 
For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.
(b) 
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
(2) 
Notwithstanding the height limitations of the zoning district:
(a) 
For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached
(3) 
Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.
H. 
Screening and visibility.
(1) 
Building-mounted systems on a sloped roof shall not be required to be screened.
(2) 
Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a forty-foot radius of the property, exclusive of an alley as defined by § 359-49, at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the public right-of-way within a forty-foot radius when measured at a distance of five feet from the ground.
I. 
Impervious lot coverage restrictions. The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the property lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the property lot coverage limitations for the zoning district.
J. 
Nonconformance.
(1) 
Building-mounted systems:
(a) 
If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section.
(b) 
If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this section.
(2) 
Ground-mounted systems. If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.
K. 
Signage and/or graphic content. No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
L. 
Performance requirements. All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in this chapter.
M. 
Inspection, safety and removal. The Municipality reserves the right to inspect a solar PV system for building or fire code compliance and safety.
(1) 
If, upon inspection, the Municipality determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Municipality may order the owner/property owner/landowner/facility owner/operator to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the owner/property owner/landowner/facility owner/operator of his or her right to appeal such determination.
(2) 
If an owner/property owner/landowner/facility owner/operator fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Municipality may enter the structure/property, remove the system and charge the owner/property owner/landowner/facility owner/operator for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the owner/property owner/landowner/facility owner/operator's expense.
(3) 
In addition to any other available remedies, any unpaid costs resulting from the Municipality's removal of a vacated abandoned or decommissioned solar PV system shall constitute a lien upon the property against which the costs were charged. Legal counsel of the Municipality shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of Municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Municipality in connection with the removal work and the filing of the Municipality claim.
N. 
Permit requirements. Before any construction or installation on any solar PV system shall commence, a permit issued by the Municipality of Monroeville shall be obtained to document compliance with this section.