Borough of Monaca, PA Article IV Zoning District Regulations

[Amended 9-28-2010 by Ord. No. 918]

§ 245-8 R-1 Single-Family Residential District.

A. Purpose statement. The purpose of this district is to preserve established neighborhoods of single-family dwellings on larger lots and to protect them from encroachment by incompatible land uses while providing for customary accessory uses and compatible public and semipublic uses as permitted uses, uses by special exception and conditional uses.

B. Permitted uses by right. In the R-1 Single-Family Residential District, only the following uses shall be authorized as permitted uses by right:

(1) Principal uses:

(a) Bicycle and pedestrian trails.

(b) Churches.

(c) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(d) Essential services.

(e) Noncommercial recreation.

(f) Public buildings.

(g) Public recreation.

(h) Schools, public or private.

(i) Single-family dwellings.

(2) Accessory uses:

(a) Domiciliary care.

(b) Fences, subject to § 245-32.

(c) Keeping of domestic pets.

(d) No-impact home-based business, subject to § 245-47.

(e) Off-street parking and loading, subject to Article V.

(f) Private garages and accessory storage buildings.

(g) Private residential swimming pools, subject to § 245-41.

(h) Signs, subject to Article VI.

(i) Small wind energy system, subject to § 245-49.

(j) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception. In the R-1 Single-Family Residential District, only the following uses by special exception shall be authorized, subject to approval by the Zoning Hearing Board:

(1) Principal uses: none.

(2) Accessory uses:

(a) Family day care home, subject to § 245-61K.

(b) Home occupation, subject to § 245-61O.

D. Conditional uses. In the R-1 Single-Family Residential District, only the following conditional uses shall be authorized, subject to approval by Borough Council:

(1) Principal uses:

(a) Conversion of surplus school space, subject to § 245-61I.

(b) Mobile home park, subject to § 245-61R.

(2) Accessory uses:

(a) Solar energy systems. It is the purpose of this regulation to promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as an accessory use by conditional use, while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. A solar energy system shall be permitted as a conditional use accessory to a principal use herein and subject to specific criteria as set forth below. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.

(b) The installation and construction of a solar energy system shall be subject to the following development and design standards:

[1] A solar energy system is permitted in this zoning district as a conditional accessory to a principal use.

[2] A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

[3] A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the Borough of Monaca acknowledging and approving such connection.

[4] A solar energy system may be roof mounted (see Figure 1 for illustrative purposes only) or ground mounted (see Figure 2 for illustrative purposes only).[1]

[1] Editor's Note: Figures 1 and 2 are included at the end of this chapter.

[5] A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in this zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

[6] A ground-mounted system shall not exceed the maximum building height for accessory buildings.

[7] The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

[8] A ground-mounted system or system attached to an accessory building shall not be located within the required front yard setback.

[9] The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.

[10] All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:

[a] Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the Code of the Borough of Monaca relating to zoning may be used.[2]

[2] Editor's Note: See Ch. 120, Fences, Hedges and Walls, and § 245-32, Fences or hedges.

[b] Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.

[c] Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.

[d] Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

[e] Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.

[f] All power transmission lines from a ground-mounted solar energy system to any building or other structure shall be located underground.

[g] A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning or indication of ownership shall be allowed on any equipment of the solar energy provided they comply with the prevailing sign regulations.

[h] A solar energy system shall not be constructed until a building/zoning permit has been approved and issued.

[i] The design of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system per the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the Commonwealth of Pennsylvania.

[j] The solar energy system shall comply with all applicable Monaca Borough ordinances and codes so as to ensure the structural integrity of such solar energy system.

[k] Before any construction can commence on any solar energy system the property owner must acknowledge that he/she is the responsible party for owning and maintaining the solar energy system.

[l] If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded.

[11] If a ground-mounted solar energy system has been abandoned (meaning not having been in operation for a period of six months) or is defective or is deemed to be unsafe by the Borough of Monaca Building Code Official, the solar energy system shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within a reasonable time period allowed by the Borough of Monaca Building Code Official. If the owner fails to remove or repair the defective or abandoned solar energy system, the Borough of Monaca may pursue a legal action to have the system removed at the owner's expense.

E. Area and bulk regulations. In the R-1 Single-Family Residential District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception or conditional uses contained in § 245-61.

(1) Minimum lot area requirements:

(a) Residential lots having no public sanitary sewer: 20,000 square feet per single-family dwelling.

(b) Residential lots having all public utilities: 7,500 square feet per single-family dwelling.

(c) Public recreation and noncommercial recreation: no minimum.

(d) Essential services:

[1] Underground: no minimum.

[2] Buildings: same as all other uses.

[3] Aboveground, other than buildings: no minimum.

(e) All other uses: one acre.

(2) Minimum lot width requirements:

(a) Lots having no public sanitary sewers: 80 feet.

(b) Lots having all public utilities: 50 feet.

(c) Public recreation and noncommercial recreation: no minimum.

(3) Minimum front yard requirement: 25 feet.

(4) Minimum side yard requirements:

(a) Principal uses: 10 feet total; five feet minimum on one side.

(b) Principal uses; street side of corner lot: equal to the front yard depth on the adjoining street.

(c) Accessory uses to the rear of the principal structure:

[1] Interior lot line: five feet.

[2] Street side on corner lot: 25 feet.

(5) Minimum rear yard requirements:

(a) Principal uses: 25 feet.

(b) Accessory uses: 10 feet.

(6) Maximum building height:

(a) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: 2 1/2 stories, not to exceed 35 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 35 feet.

(b) All other principal structures: 2 1/2 stories, not to exceed 35 feet.

(c) All accessory structures: 20 feet.

(7) Maximum lot coverage requirements:

(a) Principal uses: 50% of the total lot area.

(b) Accessory uses: 40% of the rear yard area.

F. Off-street parking requirements: see Article V.

G. Signs: See Article VI.

§ 245-9 R-2 Single-Family and Two-Family Residential District.

A. Purpose statement. The purpose of this district is to preserve established neighborhoods of single-family dwellings and duplexes on smaller lots and to protect them from encroachment by incompatible land uses while providing for customary accessory uses and compatible public and semipublic uses as permitted uses, uses by special exception and conditional uses. This district is also intended to provide opportunities for infill housing to encourage the upgrading of older residential neighborhoods.

B. Permitted uses by right. In the R-2 Single-Family and Two-Family Residential, District, only the following uses shall be authorized as permitted uses by right:

(1) Principal uses:

(a) Bicycle and pedestrian trails.

(b) Churches.

(c) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(d) Essential services.

(e) Noncommercial recreation.

(f) Public buildings.

(g) Public recreation.

(h) Schools, public or private.

(i) Single-family dwellings.

(2) Accessory uses.

(a) Domiciliary care:

(b) Fences, subject to § 245-32.

(c) Keeping of domestic pets.

(d) No-impact home-based business, subject to § 245-47.

(e) Off-street parking and loading, subject to Article V.

(f) Private garages and accessory storage buildings.

(g) Private residential swimming pools, subject to § 245-41.

(h) Signs, subject to Article VI.

(i) Small wind energy system, subject to § 245-49.

(j) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception. In the R-2 Single-Family and Two-Family Residential District, only the following uses by special exception shall be authorized, subject to approval by the Zoning Hearing Board:

(1) Principal uses:

(a) Conversion apartments, subject to § 245-61H.

(b) Duplexes, subject to § 245-61J.

(c) Infill housing, subject to § 245-61P.

(d) Nursing homes, subject to § 245-61S.

(e) Personal care boarding home, subject to § 245-61N.

(2) Accessory uses:

(a) Family day care home, subject to § 245-61K.

(b) Home occupation, subject to § 245-61O.

D. Conditional uses. In the R-2 Single Family and Two-Family Residential District, only the following conditional uses shall be authorized, subject to approval by Borough Council:

(1) Principal uses:

(a) Conversion of surplus school space, subject to § 245-61I.

(2) Accessory uses:

(a) Solar energy systems. It is the purpose of this regulation to promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as an accessory use by conditional use, while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. A solar energy system shall be permitted as a conditional use accessory to a principal use herein and subject to specific criteria as set forth below. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.

(b) The installation and construction of a solar energy system shall be subject to the following development and design standards:

[1] A solar energy system is permitted in this zoning district as a conditional accessory to a principal use.

[2] A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

[3] A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the Borough of Monaca acknowledging and approving such connection.

[4] A solar energy system may be roof mounted (see Figure 1 for illustrative purposes only) or ground mounted (see Figure 2 for illustrative purposes only).[1]

[1] Editor's Note: Figures 1 and 2 are included at the end of this chapter.

[5] A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in this zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

[6] A ground-mounted system shall not exceed the maximum building height for accessory buildings.

[7] The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

[8] A ground-mounted system or system attached to an accessory building shall not be located within the required front yard setback.

[9] The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.

[10] All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:

[a] Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the Code of the Borough of Monaca relating to zoning may be used.[2]

[2] Editor's Note: See Ch. 120, Fences, Hedges and Walls, and § 245-32, Fences or hedges.

[b] Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.

[c] Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.

[d] Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

[e] Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.

[f] All power transmission lines from a ground-mounted solar energy system to any building or other structure shall be located underground.

[g] A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning or indication of ownership shall be allowed on any equipment of the solar energy provided they comply with the prevailing sign regulations.

[h] A solar energy system shall not be constructed until a building/zoning permit has been approved and issued.

[i] The design of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system per the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the Commonwealth of Pennsylvania.

[j] The solar energy system shall comply with all applicable Monaca Borough ordinances and codes so as to ensure the structural integrity of such solar energy system.

[k] Before any construction can commence on any solar energy system the property owner must acknowledge that he/she is the responsible party for owning and maintaining the solar energy system.

[l] If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded.

[11] If a ground-mounted solar energy system has been abandoned (meaning not having been in operation for a period of six months) or is defective or is deemed to be unsafe by the Borough of Monaca Building Code Official, the solar energy system shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within a reasonable time period allowed by the Borough of Monaca Building Code Official. If the owner fails to remove or repair the defective or abandoned solar energy system, the Borough of Monaca may pursue a legal action to have the system removed at the owner's expense.

E. Area and bulk requirements. In the R-2 Single-Family and Two-Family Residential District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception or conditional uses contained in § 245-61:

(1) Minimum lot area requirements:

(a) Lots having no public sanitary sewers: 20,000 square feet per dwelling unit.

(b) Lots having public sanitary sewers:

[1] Single-family dwelling: 5,000 square feet.

[2] Duplex: 3,500 square feet per dwelling unit.

(c) Public recreation and noncommercial recreation: no minimum.

(d) Essential services:

[1] Underground: no minimum.

[2] Buildings: same as all other uses.

[3] Aboveground, other than buildings: no minimum.

(e) All other uses: 20,000 square feet.

(2) Minimum lot width requirements:

(a) Lots having no public sanitary sewers: 80 feet.

(b) Lots having public sanitary sewers:

[1] Single-family dwellings and duplexes: 50 feet.

[2] Public recreation and noncommercial recreation: no minimum.

[3] All other uses: 80 feet.

(3) Minimum front yard requirements: 25 feet.

(4) Minimum side yard width requirements:

(a) Principal uses: 10 feet total; five feet minimum on one side.

(b) Street side of corner lot: 20% of the lot width up to a maximum of 35 feet.

(c) Any lot platted prior to the enactment of this chapter which is less than 50 feet wide may reduce the two side yards by nine inches for each foot of difference to a total width not less than 12 feet. Under such circumstances, the width of the narrower of the two side yards shall not be less than five feet.

(5) Minimum rear yard requirements:

(a) Principal uses: 25 feet.

(b) Accessory uses: five feet.

(6) Maximum building height:

(a) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: 2 1/2 stories, not to exceed 35 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 35 feet.

(b) All other principal structures: 2 1/2 stories, not to exceed 35 feet.

(c) All accessory structures: 20 feet.

(7) Maximum lot coverage requirements:

(a) Principal uses: 50% of total lot area.

(b) Accessory uses: 40% of rear yard area.

F. Off-street parking requirements: see Article V.

G. Signs: see Article VI.

§ 245-10 R-3 Multifamily Residential District.

A. Purpose statement. The purpose of this district is to preserve neighborhoods of medium density housing, including single-family dwellings on small lots, duplexes and multifamily dwellings and to protect them from encroachment by incompatible land uses while providing for customary accessory uses and compatible public and semipublic uses as permitted uses, uses by special exception and conditional uses. This District is also intended to provide opportunities for infill housing to encourage the upgrading of older residential neighborhoods.

B. Permitted uses by right. In the R-3 Multifamily Residential District, only the following uses shall be authorized as permitted uses by right:

(1) Principal uses.

(a) Bicycle and pedestrian trails.

(b) Churches.

(c) Communications antenna mounted on an existing building, subject to § 245-45.

(d) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(e) Duplexes.

(f) Essential services.

(g) Noncommercial recreation.

(h) Public buildings.

(i) Public recreation.

(j) Schools, public or private.

(k) Single-family dwellings.

(2) Accessory uses:

(a) Domiciliary care.

(b) Fences, subject to § 245-32.

(c) Keeping of domestic pets.

(d) No-impact home-based business, subject to § 245-47.

(e) Off-street parking and loading, subject to Article V.

(f) Private garages and accessory storage buildings.

(g) Private residential swimming pools, subject to § 245-41.

(h) Signs, subject to Article VI.

(i) Small wind energy system, subject to § 245-49.

(j) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception. In the R-3 Multifamily Residential District, only the following uses by special exception shall be authorized, subject to approval by the Zoning Hearing Board:

(1) Principal uses.

(a) Conversion apartments, subject to § 245-61H.

(b) Garden apartments, subject to § 245-61M.

(c) Infill housing, subject to § 245-61P.

(d) Mid-rise apartments, subject to § 245-61M.

(e) Personal care boarding home, subject to § 245-61N.

(f) Townhouses, subject to § 245-61M.

(2) Accessory uses:

(a) Family day care home, subject to § 245-61K.

(b) Home occupation, subject to § 245-61O.

(c) Off-site parking, subject to § 245-61T.

D. Conditional uses. In the R-3 Multifamily Residential District, only the following conditional uses shall be authorized, subject to approval by Borough Council:

(1) Principal uses.

(a) Conversion of surplus school space, subject to § 245-61I.

(2) Accessory uses:

(a) Solar energy systems. It is the purpose of this regulation to promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as an accessory use by conditional use, while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. A solar energy system shall be permitted as a conditional use accessory to a principal use herein and subject to specific criteria as set forth below. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.

(b) The installation and construction of a solar energy system shall be subject to the following development and design standards:

[1] A solar energy system is permitted in this zoning district as a conditional accessory to a principal use.

[2] A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

[3] A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the Borough of Monaca acknowledging and approving such connection.

[4] A solar energy system may be roof mounted (see Figure 1 for illustrative purposes only) or ground mounted (see Figure 2 for illustrative purposes only).[1]

[1] Editor's Note: Figures 1 and 2 are included at the end of this chapter.

[5] A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in this zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

[6] A ground-mounted system shall not exceed the maximum building height for accessory buildings.

[7] The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

[8] A ground-mounted system or system attached to an accessory building shall not be located within the required front yard setback.

[9] The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.

[10] All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:

[a] Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the Code of the Borough of Monaca relating to zoning may be used.[2]

[2] Editor's Note: See Ch. 120, Fences, Hedges and Walls, and § 245-32, Fences or hedges.

[b] Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.

[c] Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.

[d] Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

[e] Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.

[f] All power transmission lines from a ground-mounted solar energy system to any building or other structure shall be located underground.

[g] A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning or indication of ownership shall be allowed on any equipment of the solar energy provided they comply with the prevailing sign regulations.

[h] A solar energy system shall not be constructed until a building/zoning permit has been approved and issued.

[i] The design of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system per the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the Commonwealth of Pennsylvania.

[j] The solar energy system shall comply with all applicable Monaca Borough ordinances and codes so as to ensure the structural integrity of such solar energy system.

[k] Before any construction can commence on any solar energy system the property owner must acknowledge that he/she is the responsible party for owning and maintaining the solar energy system.

[l] If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded.

[11] If a ground-mounted solar energy system has been abandoned (meaning not having been in operation for a period of six months) or is defective or is deemed to be unsafe by the Borough of Monaca Building Code Official, the solar energy system shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within a reasonable time period allowed by the Borough of Monaca Building Code Official. If the owner fails to remove or repair the defective or abandoned solar energy system, the Borough of Monaca may pursue a legal action to have the system removed at the owner's expense.

E. Area and bulk regulations. In the R-3 Multifamily Residential District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception and conditional uses contained in § 245-61:

(1) Minimum lot area requirements:

(a) Lots having no public sanitary sewers: 20,000 square feet per dwelling unit.

(b) Lots having public sewerage:

[1] Single-family dwellings: 4,000 square feet per dwelling unit.

[2] Duplexes: 3,500 square feet per dwelling unit.

[3] Townhouses: 3,000 square feet per dwelling unit.

[4] Garden apartments and mid-rise apartments: 2,500 square feet per dwelling unit.

(c) Public recreation and noncommercial recreation: no minimum.

(d) Essential services:

[1] Underground: no minimum.

[2] Buildings: same as all other uses.

[3] Aboveground, other than buildings: no minimum.

(e) All other uses: 20,000 square feet.

(2) Minimum lot width requirements:

(a) Lots having no public sewers: 80 feet.

(b) Lots having public sewerage:

[1] Single-family dwellings and duplexes: 50 feet.

[2] Townhouses: 20 feet per dwelling unit.

[3] Garden apartments and mid-rise apartments: 60 feet per building.

(3) Minimum front yard requirements: 25 feet.

(4) Minimum side yard width requirements:

(a) Total width:

[1] Garden apartments and mid-rise apartments: 1/2 the height of the building or 16 feet, whichever is greater.

[2] All other dwelling units: 10 feet total; five feet minimum on one side.

(b) Street side of corner lot: 20% of the lot width up to a maximum of 35 feet.

(5) Maximum building height requirements:

(a) Mid-rise apartments: six stories, not to exceed 72 feet.

(b) Garden apartments: three stories, not to exceed 45 feet.

(c) Townhouses, Duplexes and single-family dwellings: 2 1/2 stories, not to exceed 35 feet.

(d) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: 2 1/2 stories, not to exceed 35 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 35 feet.

(e) All other principal structures: three stories, not to exceed 45 feet.

(f) Accessory structures: 20 feet.

(6) Minimum rear yard requirements:

(a) Principal uses:

[1] Garden apartments and mid-rise apartments: 40 feet.

[2] Townhouses, duplexes and single-family dwellings: 25 feet.

(b) Accessory uses: five feet.

(7) Maximum lot coverage requirements:

(a) Garden apartments and mid-rise apartments: 30% of total lot area.

(b) Townhouses, duplexes and single-family dwellings: 50% of total lot area.

F. Off-street parking requirements: see Article V.

G. Signs: see Article VI.

§ 245-11 C-C Core Commercial District.

A. Purpose statement. The purpose of this district is to preserve the Borough's downtown business district and to promote its revitalization; to provide retail, shopping, entertainment and services to residents of the Borough and surrounding communities; to take advantage of the regional traffic traversing the Borough enroute to the Beaver Valley Mall; and to develop a market niche complementary to the regional mall businesses.

B. Permitted uses by right. In the C-C Core Commercial, District only the following uses shall be authorized as permitted uses by right:

(1) Principal uses:

(a) Antiques, interior decorating.

(b) Apparel and accessories store.

(c) Appliance or home furnishing store.

(d) Art, book, stationery store.

(e) Art, music or photography studio.

(f) Bakery, retail.

(g) Bar or tavern.

(h) Beverage distributor.

(i) Bicycle and pedestrian trails.

(j) Business or professional offices.

(k) Business services.

(l) Candy or ice cream store.

(m) Card and gift shop.

(n) Commercial indoor recreation.

(o) Commercial school.

(p) Communications antenna mounted on an existing building, subject to § 245-45.

(q) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(r) Convenience store.

(s) Custom print shop.

(t) Day-dare center.

(u) Day spa.

(v) Delicatessen.

(w) Drugstore.

(x) Dry-cleaning pick-up store.

(y) Educational studio.

(z) Essential services.

(aa) Financial institution.

(bb) Fire and emergency medical services.

(cc) Florist shop, excluding greenhouse.

(dd) General merchandise store.

(ee) Grocery store.

(ff) Hardware store.

(gg) Health club.

(hh) Hobby shop.

(ii) Hotel or motel.

(jj) Laundromat.

(kk) Libraries.

(ll) Medical clinic.

(mm) Museums.

(nn) Newsstand.

(oo) Other retail stores not specifically listed in this § 245-11B(1).

(pp) Outdoor cafe, subject to § 245-48.

(qq) Personal services.

(rr) Pet grooming.

(ss) Pet services.

(tt) Private club.

(uu) Public buildings.

(vv) Public parking garage, subject to § 245-20.

(ww) Public parking lot, subject to § 245-20.

(xx) Public recreation.

(yy) Restaurant, carry-out.

(zz) Restaurant, fast-food.

(aaa) Restaurant, sit-down.

(bbb) Veterinary clinic.

(ccc) Video store, excluding adult video store.

(2) Accessory uses:

(a) Drive-through facilities, subject to § 245-46.

(b) Historic markers.

(c) Monuments, statuary.

(d) Off-street parking and loading, subject to Article V.

(e) Private garages.

(f) Signs, subject to Article VI.

(g) Small wind energy systems, subject to § 245-49.

(h) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception. In the C-C Core Commercial District, only the following uses by special exception shall be authorized, subject to approval by the Zoning Hearing Board:

(1) Principal uses:

(a) Apartment in combination with business, subject to § 245-61B.

(b) Comparable uses not specifically listed, subject to § 245-61F.

(c) Funeral home, subject to § 245-61L.

(d) Personal care boarding home, subject to § 245-61N.

(e) Repair shop, subject to § 245-61X.

(f) Service station, subject to § 245-61AA.

(g) Temporary use or structure, subject to § 245-61EE.

(h) Vehicle accessories sales and installation, subject to 245-61FF.

(i) Vehicle rental, sales and service, subject to § 245-61GG.

(j) Vehicle repair shop, subject to § 245-61HH.

(2) Accessory uses:

(a) Off-site parking, subject to § 245-61T.

(b) Outdoor sales, subject to § 245-61U.

D. Conditional uses. In the C-C Core Commercial, District only the following uses shall be authorized, subject to approval by Borough Council:

(1) Principal uses: none.

(2) Accessory uses: none.

E. Area and bulk regulations. In the C-C Core Commercial District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception or conditional uses contained in § 245-61:

(1) Minimum lot area requirement: 1,500 square feet.

(2) Minimum lot width requirement: 20 feet.

(3) Minimum front yard: none required.

(4) Minimum side yard requirement: none required.

(5) Minimum rear yard requirement:

(a) Adjoining existing alleys of record: 30 feet from the center line of the alley.

(b) All others: none required.

(6) Maximum building height:

(a) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: four stories, not to exceed 50 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 50 feet.

(b) All other principal structures: four stories, not to exceed 50 feet.

(c) All accessory structures: 20 feet.

(7) Maximum lot coverage: none required, except as necessary to meet the requirements of this chapter to provide off-street parking and loading.

F. Off-street parking requirements: see Article V.

G. Signs: see Article VI.

§ 245-12 PROD Planned River-Oriented Development District.

A. Purpose statement. The purpose of this district is to promote the private redevelopment of properties for higher-density residential use in an area of the Borough that has easy access to the river and the Borough's business district and to take advantage of views of the river, the recreational opportunities afforded by the river and the pump station, as well as the shopping and services available within walking distance in the business district.

B. Permitted uses by right. In the PROD Planned River-Oriented Development District, only the following uses shall be authorized as permitted uses by right:

(1) Principal uses:

(a) Bicycle and pedestrian trails.

(b) Churches.

(c) Communications antenna mounted on an existing building, subject to § 245-45.

(d) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(e) Duplexes existing on January 1, 2010.

(f) Essential services.

(g) Noncommercial recreation.

(h) Public buildings.

(i) Public recreation.

(j) Single-family dwellings existing on January 1, 2010.

(2) Accessory uses:

(a) Fences, subject to § 245-32.

(b) Keeping of domestic pets.

(c) No-impact home-based business, subject to § 245-47.

(d) Off-street parking and loading, subject to Article V.

(e) Private garages and accessory storage buildings.

(f) Private residential swimming pools, subject to § 245-41.

(g) Signs, subject to Article VI.

(h) Small wind energy system, subject to § 245-49.

(i) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception. In the PROD Planned River-Oriented Development District, only the following uses by special exception shall be authorized, subject to approval by the Zoning Hearing Board:

(1) Principal uses: none.

(2) Accessory uses.

(a) Bed-and-breakfast, subject to § 245-61C.

(b) Family day care home, subject to § 245-61K.

(c) Home occupation, subject to § 245-61O.

(d) Off-site parking, subject to § 245-61T.

D. Conditional uses. In the PROD Planned River-Oriented Development District, only the following conditional uses shall be authorized, subject to approval by Borough Council:

(1) Principal uses.

(a) Planned River-Oriented Development, subject to § 245-61-V, including one or more of the following uses:

[1] Garden apartments.

[2] High-rise apartments.

[3] Hotel or motel.

[4] Mid-rise apartments.

[5] Townhouses.

(b) Riverfront sit-down restaurant, subject to § 245-61Y.

(c) Single-family dwellings or duplexes reconstructed after January 1, 2010, subject to § 245-61CC.

(d) Street floor commercial uses in a Planned River-Oriented Development, subject to § 245-61DD, including and limited to only the following uses:

[1] Business or professional offices.

[2] Day-care center.

[3] Day spa.

[4] Delicatessen.

[5] Health club.

(2) Accessory uses:

(a) Solar energy systems. It is the purpose of this regulation to promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as an accessory use by conditional use, while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. A solar energy system shall be permitted as a conditional use accessory to a principal use herein and subject to specific criteria as set forth below. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.

(b) The installation and construction of a solar energy system shall be subject to the following development and design standards:

[1] A solar energy system is permitted in this zoning district as a conditional accessory to a principal use.

[2] A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

[3] A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the Borough of Monaca acknowledging and approving such connection.

[4] A solar energy system may be roof mounted (see Figure 1 for illustrative purposes only) or ground mounted (see Figure 2 for illustrative purposes only).[1]

[1] Editor's Note: Figures 1 and 2 are included at the end of this chapter.

[5] A roof-mounted system may be mounted on a principal building or accessory building. A roof-mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in this zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

[6] A ground-mounted system shall not exceed the maximum building height for accessory buildings.

[7] The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

[8] A ground-mounted system or system attached to an accessory building shall not be located within the required front yard setback.

[9] The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.

[10] All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:

[a] Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the Code of the Borough of Monaca relating to zoning may be used.[2]

[2] Editor's Note: See Ch. 120, Fences, Hedges and Walls, and § 245-32, Fences or hedges.

[b] Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.

[c] Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.

[d] Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

[e] Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.

[f] All power transmission lines from a ground-mounted solar energy system to any building or other structure shall be located underground.

[g] A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning or indication of ownership shall be allowed on any equipment of the solar energy provided they comply with the prevailing sign regulations.

[h] A solar energy system shall not be constructed until a building/zoning permit has been approved and issued.

[i] The design of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system per the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the Commonwealth of Pennsylvania.

[j] The solar energy system shall comply with all applicable Monaca Borough ordinances and codes so as to ensure the structural integrity of such solar energy system.

[k] Before any construction can commence on any solar energy system the property owner must acknowledge that he/she is the responsible party for owning and maintaining the solar energy system.

[l] If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded.

[11] If a ground-mounted solar energy system has been abandoned (meaning not having been in operation for a period of six months) or is defective or is deemed to be unsafe by the Borough of Monaca Building Code Official, the solar energy system shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within a reasonable time period allowed by the Borough of Monaca Building Code Official. If the owner fails to remove or repair the defective or abandoned solar energy system, the Borough of Monaca may pursue a legal action to have the system removed at the owner's expense.

E. Area and bulk regulations. In the PROD Planned River-Oriented Development District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception or conditional uses in § 245-61:

(1) Minimum lot area requirement:

(a) Single-family dwelling existing on January 1, 2010: none required.

(b) Duplex existing on January 1, 2010: none required.

(c) Public recreation or noncommercial recreation: 7,500 square feet.

(d) Planned river-oriented development:

[1] Townhouses or garden apartments: 15,000 square feet.

[2] Mid-rise apartments or high-rise apartments: 40,000 square feet.

(e) Riverfront sit-down restaurant: 20,000 square feet.

(f) Essential services:

[1] Underground: no minimum.

[2] Buildings: same as all other uses.

[3] Aboveground, other than buildings: no minimum.

(g) All other uses: 20,000 square feet.

(2) Minimum lot width:

(a) Single-family dwelling or duplex existing on January 1, 2010: as recorded on existing lot of record.

(b) Single-family dwelling or duplex reconstructed after January 1, 2010: as recorded on existing lot of record.

(c) Public recreation or noncommercial recreation: 50 feet.

(d) Planned river-oriented development: 100 feet.

(e) Riverfront sit-down restaurant: 100 feet.

(f) All other uses: 75 feet.

(3) Maximum lot coverage:

(a) Single-family dwelling or duplex existing on January 1, 2010: 50%,

(b) Single-family dwelling or duplex reconstructed after January 1, 2010: 50%.

(c) Planned river-oriented development: as specified in conditional use approval.

(d) All other uses: 50%.

(4) Maximum dwelling unit density:

(a) Garden apartments: 24 units per acre.

(b) Mid-rise apartments: 36 units per acre.

(c) High-rise apartments: 52 units per acre.

(d) Townhouses: 18 units per acre.

(5) Minimum front yard:

(a) Single-family dwelling or duplex existing on January 1, 2010: 25 feet.

(b) Single-family dwelling or duplex reconstructed after January 1, 2010: 25 feet.

(c) Planned river-oriented development: as specified in conditional use approval.

(d) All other uses: 25 feet.

(6) Minimum rear yard:

(a) Single-family dwelling or duplex existing on January 1, 2010: 15 feet.

(b) Single-family dwelling or duplex reconstructed after January 1, 2010: 15 feet.

(c) Planned river-oriented development: as specified in conditional use approval.

(d) All other principal uses: 30 feet.

(e) All accessory structures: five feet.

(7) Minimum side yard:

(a) Single-family dwelling or duplex existing on January 1, 2010: five feet one side; 10 feet total.

(b) Single-family dwelling or duplex reconstructed after January 1, 2010: five feet one side; 10 feet total.

(c) Planned river-oriented development: as specified in conditional use approval.

(d) All other principal uses: 15 feet.

(e) All accessory structures: five feet.

(8) Minimum riverfront setback: 50 feet from the top of the bank.

(9) River access points: at least two points of pedestrian and/or vehicular access to the river shall be provided for any property that has 300 or more feet of frontage along the river. For properties that have less than 300 feet of frontage along the river, at least one point of pedestrian and/or vehicular access to the river shall be provided.

(10) Maximum height:

(a) High-rise apartments in a PROD: nine stories, but no more than 120 feet.

(b) Mid-rise apartments in a PROD: six stories, but no more than 72 feet.

(c) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: 2 1/2 stories, not to exceed 35 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 35 feet.

(d) All other principal structures: three stories, but no more than 45 feet.

(e) All accessory structures: one story, but no more than 20 feet.

F. Off-street parking and loading: see Article V.

G. Signs: see Article VI.

§ 245-13 MUT Mixed Use Transitional District.

A. Purpose statement. The purpose of this district is to provide for the transition between the commercial and industrial corridor along Pennsylvania and Beaver Avenues and the residential neighborhoods to the south and to provide for group living arrangements in an area where there is an existing mix of residential and heavy commercial uses.

B. Permitted uses by right. In the MUT Mixed Use Transitional District only the following uses shall be authorized as permitted uses by right:

(1) Principal uses:

(a) Bicycle and pedestrian trails.

(b) Business or professional offices.

(c) Carpentry, electrical, plumbing, heating or sheet metal shop.

(d) Commercial indoor recreation.

(e) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(f) Custom print shop.

(g) Essential services.

(h) Machine shop.

(i) Product assembly.

(j) Product packaging.

(k) Repair shop.

(l) Single-family dwelling.

(m) Upholstery or furniture repair shop.

(n) Vehicle accessories sales and installation.

(2) Accessory uses:

(a) Off-street parking and loading, subject to Article V.

(b) Private garages.

(c) Signs, subject to Article VI.

(d) Small wind energy system, subject to § 245-49.

(e) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception. In the MUT Mixed Use Transitional District, only the following uses by special exception shall be authorized, subject to approval by the Zoning Hearing Board:

(1) Principal uses:

(a) Comparable uses not specifically listed, subject to § 245-61F.

(b) Group care facility, subject to § 245-61N.

(c) Temporary use or structure, subject to § 245-61EE.

(d) Transitional dwelling, subject to § 245-61N.

(e) Vehicle repair shop, subject to § 245-61HH.

(2) Accessory uses: none.

D. Conditional uses. In the MUT Mixed Use Transitional, District only the following uses shall be authorized, subject to approval by Borough Council:

(1) Principal uses: none.

(2) Accessory uses: none.

E. Area and bulk regulations. In the MUT Mixed Use Transitional District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception or conditional uses contained in § 245-61:

(1) Minimum lot area requirement:

(a) Single-family dwelling, group care facility, transitional dwelling: 3,000 square feet.

(b) Business or professional offices: 6,000 square feet.

(c) Essential services:

[1] Underground: no minimum.

[2] Buildings: same as all other uses.

[3] Aboveground, other than buildings: no minimum.

(d) All other principal uses: 10,000 square feet.

(2) Minimum lot width requirement:

(a) Single-family dwellings: 20 feet.

(b) All other principal uses: 40 feet.

(3) Minimum front yard requirement: 10 feet.

(4) Minimum side yard requirement: three feet.

(5) Minimum rear yard requirement:

(a) Adjoining existing alleys of record: 30 feet from the center line of the alley.

(b) All others: 10 feet.

(6) Maximum building height:

(a) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: 2 1/2 stories, not to exceed 35 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 35 feet.

(b) All other principal structures: 2 1/2 stories, not to exceed 35 feet.

(c) All accessory structures: 20 feet.

(7) Maximum lot coverage: none required, except as necessary to meet the requirements of this chapter to provide off-street parking and loading.

F. Off-street parking requirements: see Article V.

G. Signs: see Article VI.

§ 245-14 RBP Riverfront Business Park District.

A. Purpose statement. The purpose of this district is to promote the development of river-oriented residential uses, offices, research and development and limited light industrial uses that take advantage of the waterfront setting by accommodating both water-dependent and non-water-dependent uses in a well-planned campus-style setting.

B. Permitted uses by right. In the RBP Riverfront Business Park District, only the following uses shall be authorized as permitted uses by right:

(1) Principal uses:

(a) Bicycle and pedestrian trails.

(b) Communications antenna mounted on an existing building, subject to § 245-45.

(c) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(d) Communications antenna mounted on an approved communications tower, subject to § 245-45.

(e) Essential services.

(f) Fire and emergency medical services.

(g) Public parking garage, subject to § 245-20.

(h) Public parking lot, subject to § 245-20.

(i) Public recreation.

(2) Accessory uses:

(a) Off-street parking and loading, subject to Article V.

(b) Private garages.

(c) Signs, subject to Article VI .

(d) Small wind energy system, subject to § 245-49.

(e) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception:

(1) Principal uses:

(a) Comparable uses not specifically listed, subject to § 245-61F.

(b) Temporary use or structure, subject to § 245-61EE.

(2) Accessory uses: none.

D. Conditional uses. In the RBP Riverfront Business Park District, only the following conditional uses shall be authorized, subject to approval by Borough Council:

(1) Principal uses. All of the following uses shall be subject to the express standards and criteria specified in § 245-61G of this chapter:

(a) Boat launch ramps, further subject to § 245-61D.

(b) Business or professional offices.

(c) Carpentry, electrical, plumbing or sheet metal shop.

(d) Commercial indoor entertainment.

(e) Commercial outdoor entertainment.

(f) Commercial laundry or dry-cleaning plant.

(g) Communications tower, further subject to § 245-61E.

(h) Contracting business.

(i) Garden apartments.

(j) Highrise apartments.

(k) Hotel or motel.

(l) Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products.

(m) Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stone, shell, textiles, tobacco, wax, wood and yarn.

(n) Manufacture of ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.

(o) Manufacture of musical instruments, toys, novelties, rubber or metal stamps and other small molded rubber products.

(p) Manufacture or assembly of electrical appliances, electronic instruments and devices.

(q) Manufacturing, compounding, processing, packing or treatment, excluding such uses or processes which produce or emit dust, smoke, refuse matter, toxic or noxious odors, gases and fumes, excessive noise or vibration, similar substances and conditions.

(r) Marinas.

(s) Mid-rise apartments.

(t) Mini-warehouse or self-storage facility, further subject to § 245-61Q.

(u) Product assembly.

(v) Product packaging.

(w) Public buildings.

(x) Public utility building or structure.

(y) Repair shop, further subject to § 245-61X.

(z) Research and development.

(aa) Supply yard.

(bb) Townhouses.

(cc) Truck terminal.

(dd) Upholstery or furniture repair shop.

(ee) Vehicle repair shop, further subject to § 245-61HH.

(ff) Warehousing and distribution.

(gg) Wholesaling.

(hh) Oil and natural gas exploration, drilling and extraction operations; oil and/or gas well site(s); natural gas processing plant(s); or any similar facilities performing the equivalent functions, all further subject to § 245-61II of this chapter.

[Added 10-9-2012 by Ord. No. 929]

(2) Accessory uses: none.

E. Area and bulk regulations. In the RBP Riverfront Business Park District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception or conditional uses contained in § 245-61:

(1) Minimum lot area requirements:

(a) Essential services:

[1] Underground: no minimum.

[2] Buildings: same as all other uses.

[3] Aboveground, other than buildings: no minimum.

(b) All other uses: 30,000 square feet.

(2) Minimum lot width requirements: 150 feet.

(3) Minimum front yard requirements: 35 feet.

(4) Minimum side yard requirements: 20 feet.

(5) Minimum rear yard requirements: 35 feet.

(6) Minimum setback from river and railroad: 30 feet.

(7) Minimum riverfront setback: 50 feet from the top of the bank.

(8) River Access Points: At least two points of pedestrian and/or vehicular access to the river shall be provided for any property that has 300 or more feet of frontage along the river. For properties that have less than 300 feet of frontage along the river, at least one point of pedestrian and/or vehicular access to the river shall be provided.

(9) Maximum dwelling unit density:

(a) Garden apartments: 24 units per acre.

(b) Mid-rise apartments: 36 units per acre.

(c) High-rise apartments: 52 units per acre.

(d) Townhouses: 18 units per acre.

(10) Maximum building height requirement:

(a) High-rise apartments: nine stories, but no more than 120 feet.

(b) Mid-rise apartments: six stories, but no more than 72 feet.

(c) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: 2 1/2 stories, not to exceed 35 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 35 feet.

(d) All other principal structures: four stories, not to exceed 60 feet.

(e) All accessory uses: one story, not to exceed 20 feet.

(11) Maximum lot coverage: 60%.

F. Off-street parking and loading: see Article V.

G. Signs: see Article VI.

§ 245-15 G-I General Industrial District.

A. Purpose statement. The purpose of this district is to preserve the Borough's industrial base while accommodating compatible industrial uses in appropriate locations in the Borough to take advantage of rail and water transportation while minimizing impacts on the Borough's residential neighborhoods.

B. Permitted uses by right. In the G-I General Industrial District, only the following uses shall be authorized as permitted uses by right:

(1) Principal uses:

(a) Bicycle and pedestrian trails.

(b) Business or professional offices.

(c) Carpentry, electrical, plumbing, heating or sheet metal shop.

(d) Commercial laundry or dry-cleaning plant.

(e) Communications antenna mounted on an existing building, subject to § 245-45.

(f) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(g) Communications antenna mounted on an approved communications tower, subject to § 245-45.

(h) Contracting business.

(i) Essential services.

(j) Fire and emergency medical services.

(k) Machine shop.

(l) Manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products.

(m) Manufacturing, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stone, shell, textiles, tobacco, wax, wood and yarn.

(n) Manufacturing of ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.

(o) Manufacturing of musical instruments, toys, novelties, rubber or metal stamps and other small molded rubber products.

(p) Manufacturing or assembly of electrical appliances, electronic instruments and devices.

(q) Manufacturing, compounding, processing, packing or treatment, excluding such uses or processes which produce or emit dust, smoke, refuse matter, toxic or noxious odors, gases and fumes, excessive noise or vibration, similar substances and conditions.

(r) Product assembly.

(s) Product packaging.

(t) Public parking garage.

(u) Public parking lot.

(v) Public utility building or structure.

(w) Repair shop.

(x) Research and development.

(y) Supply yard.

(z) Truck terminal.

(aa) Upholstery or furniture repair shop.

(bb) Vehicle repair shop.

(cc) Warehousing and distribution.

(dd) Wholesaling.

(2) Accessory uses:

(a) Off-street parking and loading, subject to Article V.

(b) Private garages.

(c) Signs, subject to Article VI.

(d) Small wind energy system, subject to § 245-49.

(e) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception. In the G-I General Industrial District, only the following uses by special exception shall be authorized, subject to approval by the Zoning Hearing Board:

(1) Principal uses:

(a) Comparable uses not specifically listed, subject to § 245-61F.

(b) Miniwarehouse or self-storage facility, subject to § 245-61Q.

(c) Temporary use or structure, subject to § 245-61EE.

(2) Accessory uses: none.

D. Conditional uses:

(1) Principal uses.

(a) Adult business, subject to § 245-61A.

(b) Communications tower, subject to § 245-61E.

(2) Accessory uses: none.

E. Prohibited uses. Uses specifically prohibited include:

(1) Abattoirs or slaughterhouses.

(2) Dead animal or offal reduction.

(3) Fertilizer manufacture.

(4) Other similar manufacturing processes that may create nuisances or violate the performance standards of § 245-62.

F. Area and bulk requirements. In the G-I General Industrial District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception or conditional uses contained in § 245-61:

(1) Minimum lot area requirements:

(a) Essential services:

[1] Underground: no minimum.

[2] Buildings: same as all other uses.

[3] Aboveground, other than buildings: no minimum.

(b) All other lots having no public sewer: 20,000 square feet.

(c) All other lots having all utilities: 7,500 square feet.

(2) Minimum lot width requirements:

(a) Lots having no public sewer: 80 feet.

(b) Lots having all utilities: 60 feet.

(3) Minimum front yard requirements:

(a) Facing an R-1, R-2 or R-3 District: 30 feet.

(b) All other front yards: 25 feet.

(4) Minimum side yard requirements: 20 feet total; eight feet minimum one side.

(5) Minimum rear yard requirements:

(a) Adjoining an R-1, R-2 or R-3 District: 40 feet.

(b) All other rear yards: 25 feet.

(6) Maximum building height:

(a) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: 2 1/2 stories, not to exceed 35 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 150 feet.

(b) All other principal structures: four stories, not to exceed 50 feet.

(c) All accessory structures: 25 feet.

(7) Maximum lot coverage: 50%.

G. Off-street parking and loading requirements: See Article V.

H. Signs: See Article VI.

§ 245-16 PAW Public Access Waterfront District.

A. Purpose statement. The purpose of this district is to provide public access to the waterfront; to preserve habitat and protect the natural environment by limiting the construction of buildings; and to promote preservation of open space and recreational use of a portion of the Borough's waterfront.

B. Permitted uses by right. In the PAW Public Access Waterfront District, only the following uses shall be authorized as permitted uses by right:

(1) Principal uses:

(a) Bicycle and pedestrian trails.

(b) Communications antenna mounted on an approved communications tower, subject to § 245-45.

(c) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(d) Essential services.

(e) Marina.

(f) Public parking lot, subject to § 245-20.

(2) Accessory uses:

(a) Historic markers.

(b) Monuments, statuary.

(c) Off-street parking and loading, subject to Article V.

(d) Public restrooms.

(e) Signs, subject to Article VI.

(f) Small wind energy system, subject to § 245-49.

(g) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception. In the PAW Public Access Waterfront District, only the following uses by special exception shall be authorized, subject to approval by the Zoning Hearing Board:

(1) Principal uses:

(a) Comparable uses not specifically listed, subject to § 245-61F.

(b) Temporary use or structure, subject to § 245-61EE.

(2) Accessory uses: none.

D. Conditional uses. In the PAW Public Access Waterfront District, only the following conditional uses shall be authorized, subject to approval by Borough Council:

(1) Principal uses:

(a) Communications tower, subject to § 245-61E.

(b) River-oriented recreational uses, subject to § 245-61Z, including, but not limited to:

[1] Amphitheaters.

[2] Boat docks, public or private.

[3] Boat launch ramps, public or private.

[4] Fishing piers.

[5] Nature interpretation centers.

[6] Public recreation.

[7] River overlooks.

(2) Accessory uses: none.

E. Area and bulk regulations. In the PAW Public Access Waterfront District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception or conditional uses contained in § 245-61:

(1) Minimum lot area requirements: no minimum.

(2) Minimum lot width requirements: no minimum.

(3) Minimum front yard requirements:

(a) Facing an R-1, R-2 or R-3 District: 30 feet.

(b) All other front yards: 25 feet.

(4) Minimum side yard requirements:

(a) Facing an R-1, R-2 or R-3 District: 30 feet.

(b) All other front yards: 25 feet.

(5) Minimum rear yard requirements:

(a) Adjoining an R-1, R-2 or R-3 District: 40 feet.

(b) All other rear yards: 25 feet.

(6) Minimum riverfront setback: 50 feet from the top of the bank.

(7) River access points: At least two points of pedestrian and/or vehicular access to the river shall be provided for any property that has 300 or more feet of frontage along the river. For properties that have less than 300 feet of frontage along the river, at least one point of pedestrian and/or vehicular access to the river shall be provided.

(8) Maximum building height:

(a) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: 2 1/2 stories, not to exceed 35 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 35 feet.

(b) All other principal structures: two stories, not to exceed 25 feet.

(c) All accessory structures: 20 feet.

(9) Maximum lot coverage: 20%.

F. Lighting.

(1) The appearance of the waterfront at night shall be a major planning consideration, and a lighting plan shall be developed for the district as a whole. Lighting shall be low level and low intensity. Light poles and fixtures should be uniform throughout the district. Lighting shall be used to dramatize the bridges and landmarks and entryways to the Public Access Waterfront District.

(2) Metal halide is the recommended light source. Where possible, lights shall be located across from each other to give a sense of balance. It is recommended that there should be 30 feet to 35 feet of spacing between light fixtures with a pole height of 10 feet to 15 feet.

(3) Low-level lighting of walls, steps, greenery or pavement should be located at a height below eye level. Lighting of walkways should be 10 feet to 15 feet high. Light fixtures should be 30 feet to 35 feet apart. Walkway lighting should be decorative and cast a light of warm tone. Lighting of parking and roadways shall be 25 to 30 feet high. Lighting shall light the parking area or roadway without illuminating the entire area. The following intensity standards shall apply:

(a) Parking areas: an average of 1.5 footcandles throughout.

(b) Intersections: three footcandles.

(c) Maximum at property lines: 1.0 footcandles.

G. Off-street parking: see Article V.

H. Signs: see Article VI.

§ 245-17 S-C Special Conservation District.

A. Purpose statement. The purpose of this district is to conserve open space and natural resources; to protect steep slopes; to minimize the impact of development on the environment in areas of sensitive natural features; and to authorize appropriate low-density uses as permitted uses by right, uses by special exception and conditional uses.

B. Permitted uses by right. In the S-C Special Conservation District, only the following uses shall be permitted by right:

(1) Principal uses:

(a) Bicycle and pedestrian trails.

(b) Communications antenna mounted on an approved communications tower, subject to § 245-45.

(c) Communications antenna mounted on an existing public utility storage or transmission structure, subject to § 245-45.

(d) Essential services.

(e) Noncommercial recreation.

(f) Public recreation.

(g) Tree nursery.

(2) Accessory uses.

(a) Domiciliary care.

(b) Fences, subject to § 245-32.

(c) Keeping of domestic pets.

(d) No-impact home-based business, subject to § 245-47.

(e) Off-street parking and loading, subject to Article V.

(f) Private garages and accessory storage buildings.

(g) Private residential swimming pools, subject to § 245-41.

(h) Signs, subject to Article VI.

(i) Small wind energy system, subject to § 245-49.

(j) Other accessory uses customarily incidental to and on the same lot with any permitted use, use by special exception or conditional use authorized in this district.

C. Uses by special exception. In the S-C Special Conservation District, only the following uses by special exception shall be authorized, subject to approval by the Zoning Hearing Board:

(1) Principal uses: none.

(2) Accessory uses:

(a) Family day care home, subject to § 245-61K.

(b) Home occupation, subject to § 245-61O.

D. Conditional uses. In the S-C Special Conservation District, only the following conditional uses shall be authorized, subject to approval by Borough Council:

(1) Principal uses:

(a) Communications tower, subject to § 245-61E.

(b) Single-family dwellings, subject to § 245-61BB.

(2) Accessory uses: none.

E. Area and bulk requirements. In the S-C Special Conservation District, all uses shall be subject to the following regulations except as they may be modified by the express standards and criteria for the specific uses by special exception or conditional uses contained in § 245-61:

(1) Minimum lot area requirements:

(a) Single-family dwellings: 20,000 square feet.

(b) Essential services:

[1] Underground: no minimum.

[2] Buildings: same as all other uses.

[3] Aboveground, other than buildings: no minimum.

(c) All other uses: 7,500 square feet.

(2) Minimum lot width requirements:

(a) Single-family dwellings: 100 feet.

(b) All other uses: 60 feet.

(3) Minimum front yard requirements: 25 feet.

(4) Minimum side yard requirements: 30 feet total; 12 feet minimum one side.

(5) Minimum rear yard requirements: 40 feet.

(6) Maximum building height:

(a) Essential services:

[1] Underground with aboveground accessory structures: same as all accessory structures.

[2] Buildings: 2 1/2 stories, not to exceed 35 feet.

[3] Aboveground, other than buildings:

[a] Storage or transmission towers: 150 feet.

[b] All others: 35 feet.

(b) All other principal structures: 2 1/2 stories, not to exceed 35 feet.

(c) All accessory structures: 20 feet.

(7) Maximum lot coverage: 30%.

F. Off-street parking requirements: see Article V.

G. Signs: see Article VI.