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.
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.
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.
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.
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. 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.
(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 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.
(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) 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.
[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.
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.
[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.
[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.
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.