City of Erie, PA General Regulations

The lawful use of a structure existing at the time of the enactment of this Ordinance, or of an amendment thereto, although such use does not conform to the provisions of this Ordinance, may be continued and such use may be extended throughout the building, provided that such extension of use does not displace a use conforming to the district designated by this Ordinance.

Expansion of nonconforming use. A lawful nonconforming use shall only be expanded if it does not exceed a 50% maximum increase, in aggregate, over the entire life of the nonconformity. For example, if a building permit is issued for a 10% expansion one year, and a 35% expansion of the original size seven years later, any further requests for a permit for an expansion above 5% of the original nonconformity would be denied. Any expansion of a nonconforming use shall meet all required setbacks and all other requirements of this Ordinance. No new nonconformity shall be created.

Whenever a nonconforming use of a structure, or a portion thereof, has been abandoned, it shall not again be used except in conformity with the regulations of the district in which such structure is located.

A change from one nonconforming use to another nonconforming use may be permitted by the Zoning Officer with notice of this determination to be posted conspicuously on the property and written notice to be provided to adjoining property owners. The change of use must adhere to the following guidelines: 1) the same general type of use is involved; 2) the operator of the new establishment agrees in writing as a condition of the permit to abide by any applicable conditions that were established for the previous use of the property; 3) the new use involves similar or less intensive characteristics compared to the previous use; 4) the new use does not involve the sale of alcohol unless the previous use also involved the sale of alcohol in a similar manner. All requests for other use changes shall be referred to the Zoning Hearing Board.

301.3.

Nonconforming structures.

A structure existing at the time of the enactment of this Ordinance or of an amendment thereto, although such structure does not conform to the lot and yard requirements of this Ordinance, may be continued in use. If such nonconforming structure should be destroyed by any means, a permit for its reconstruction shall be issued, provided application for permit for reconstruction within the existing building envelope is made within three years from date of such destruction.

Nonconforming accessory structures may be reconstructed, and increased up to 24% in size up to 720 square feet in size, without any time consideration. Proof of preexisting structure will be required prior to a permit being issued.

§ 302 Off-street parking.

[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]

Off-street parking spaces shall be placed in such a manner that ensures ingress/egress to the City street system without disturbing other designated off-street parking spaces.

302.1.

Size of parking. The following schedule of parking space and layout standards shall apply to all parking facilities provided in the City of Erie, in accordance with this Ordinance:

Angle of Parking Row to Driveway Aisle
	30°	45°	60°	90°
Depth of parking row (feet)	17	19	20	18
Width of parking space (feet)	9	9	9	9
Width of aisle (feet)	11	13	18	24

302.2.

Parallel parking spaces shall be at least 20 feet in length and nine feet in width (see illustration[1]).

[1]

Editor's Note: Said illustration is included as an attachment to this Ordinance.

302.3.

Parking garages and ramps shall adhere to all yard requirements in those districts where they are allowed. In addition, they shall submit a plan for vehicular ingress and egress to the City of Erie Department of Engineering (Traffic Engineer). This plan must be approved prior to the issuance of any permits required by this Ordinance.

302.4.

Off-street parking spaces shall be provided for any new use hereafter established or for the enlargement to any existing use as follows:

Use	Parking Spaces Required
Dwellings	1 per family living unit
Churches/stadiums/convention halls	1 per 5 seats in principal assembly room, if row seating, 1 per every 20 feet of row
Schools	1 per classroom, plus 0.25 for each planned student over the age 16
Dormitories, fraternities, sororities, hospitals, nursing/convalescent homes	1 per 4 beds
Private clubs, eating and drinking establishments, theaters	1 per every 4 seats provided
Commercial recreation, retail business, personal services, neighborhood center	1 per 350 square feet of floor area
Wholesale, large item retail sales (lumber, bedding, carpet)	1 per 600 square feet of floor area
Bowling alleys	5 per bowling lane
Funeral homes	10 per viewing parlor, but in no event less than 20 spaces
Professional services, commercial services, office, research laboratories, banks, medical clinics, day-care center, public library, museum, community center, art gallery	1 per 500 square feet of floor area
Manufacturing	1 per 3 employees on maximum working shift
Automotive sales	1 customer parking place for each 20 cars for sale
Gasoline service station	1 per bay plus 1 for every 2 employees
Hotels, motels, tourist homes, room/boarding homes, bed-and-breakfast	1 per rentable unit
Marinas	1 per 2 boat stalls
Laundromat	1 per 6 washing machines
Fitness center, gym	1 per 200 square feet of floor area accessible to customers, plus 2 spaces per court

NOTE: Refer to Article 2, Section 206, for all IP Manufacturing Park District regulations.

302.5.

Where the use of the premises is not specifically mentioned, the requirement for similar uses shall apply. If no similar uses are mentioned, the parking requirement shall be one space for each two proposed patrons and/or occupants of that structure.

302.6.

Properties in the C-3 Zoning District shall not be required to provide off-street parking places. Properties in the W-C2, W-C3 and C-4 zoning districts shall be required to provide 50% of the off-street parking places required above.

302.7.

Change of use. If a use is legally changed to another use, the new use will not be required to provide additional parking.

302.8.

Mixed uses. In the case of mixed-use buildings, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with the parking requirements of this article.

302.9.

Location of parking. Nonresidential parking may be located on other off-street property than the lot which the principal use is on, provided that all such spaces lie within 500 feet of a pedestrian entrance to such principal use. Residential parking must be on the same lot or a lot which directly abuts the residential use, if under the same ownership.

§ 303 Signs.

[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]

The intent of this section is to regulate all signs within the City of Erie to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment. All signs, billboards, and outdoor advertising as prescribed herein shall require a building permit and shall conform to the following standards:

303.1.

No sign shall state or imply that a property may be used for a purpose prohibited by this Ordinance.

303.2.

Signs are prohibited which simulate official, directional or warning signs erected or maintained by the federal, state or City governments, a railroad, a public utility or similar agency concerned with the protection of public health or safety.

303.3.

Signs advertising a use no longer in existence or a product no longer available shall be removed or changed to advertise the new use within six months after the cessation of the original use or sale of product.

303.4.

All signs shall be located in such a manner that pedestrian and/or vehicular traffic views will not be obstructed. Any sign located less than 10 feet from the right-of-way of a street shall have a minimum clearance of seven feet above the ground level or shall not exceed 36 inches in height. Any sign constructed on a corner of two intersecting streets and placed within the clear sight triangle shall be no more than 36 inches or more than seven feet in height.

303.5.

Routine non-advertising signs, situated within the property lines not exceeding four square feet in area, such as signs stating "No Trespassing" or "Private Drive," entrance and exit directional signs shall be allowed and are exempt from permit requirements.

303.6.

In R-1, R-1A, R-2, R-3 and W-R districts, a nonilluminated, nonreflective sign not exceeding four square feet in area is permitted attached to the building or mounted not over six feet high on an ornamental pole in the front yard announcing the name and address of the occupant of the premises on which said sign is located.

303.7.

An identification sign not exceeding 24 square feet in any R or W-R district is permitted in connection with any church, school, college, hospital, institution, park, playground, or other similar public or semipublic use.

303.8.

Identification signs for nonconforming uses located in residential districts shall be limited to the size requirement established for the RLB District as set forth in Section 303.9.303.9. Permanent signs for residential developments containing 10 or more residential units shall not exceed 32 square feet, unless otherwise permitted in that district.

303.9.

In RLB and C-4 districts, identification signs advertising the occupant's commercial, industry or products made or sold on the premises are permitted not exceeding 24 square feet for each 75 feet of frontage or portion thereof. Signs for those lots with less than 75 feet of frontage are limited to 24 square feet.

303.10.

In C-1, C-2, C-3, M-1 and M-2 districts, all signs within 50 feet of any R or W-R district shall be limited to identification signs advertising the occupant's commercial, industry or products made or sold on the premises and shall not exceed 10% of the surface of the wall on or in front of which the sign is mounted. All identification signs over 50 feet from any R or W-R district shall not exceed in square feet two times the lineal feet of frontage of the lot. If there is more than one business on the lot, the lineal feet of lot frontage shall be divided accordingly.

303.11.

In C-1, W-C, M-1 and W-M districts, signs attached to buildings shall not extend over two feet above the roofline of the building at the exterior wall. The sign must also comply with the height requirements of Section 205.

303.12.

In all W-C and W-M districts, all signs shall be limited to identification signs advertising the occupant's commercial, industry or products sold on the premises and shall not exceed 10% of the surface of the wall on or in front of which the sign is mounted.

303.13.

No outdoor advertising and portable signs shall be permitted in any waterfront district.

303.14.

Illuminated signs. Illuminated signs shall comply with the following requirements:

Light sources to illuminate signs shall not produce glare hazardous or distracting to pedestrians, vehicle drivers, or adjacent properties.

Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields, and baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling glare.

No flashing, moving or on-and-off style or rotating beacon style lights will be permitted.

All illuminated identification signs, both digital and nondigital, may be illuminated from 5:00 a.m. until 11:00 p.m., or until 1/2 hour past the close of business of the facility being identified or advertised, whichever is later. A business or facility that is open 24 hours a day is not required to turn off their signs.

Brightness limits for message center signs and digital displays shall be up to 5,000 nits (candela per square meter) between sunrise and sunset and up to 250 nits during nighttime hours. These signs are required to employ a light-sensing device that can automatically adjust the brightness of the display within the limits described above.

Message center signs and digital displays cannot contain a message which flashes, pulsates, moves, or scrolls. Each message must transition instantly. The length of time each message can be displayed on a message center sign or digital display shall be no shorter than eight seconds.

In the case of malfunction, electronic display signs are required to contain a default design to freeze the sign message in one position.

303.15.

Temporary signs. Signs which are visible on the exterior of a structure shall be considered as identification signs and are restricted to the total square footage allowed by Section 303 of this Ordinance. Temporary signs in conjunction with an event shall be allowed not more than three times a year. Each event will be limited to a twenty-four-square-foot sign to be displayed for not more than seven days prior and three days after the event.

303.16.

Temporary signs not exceeding six square feet for the sale of individual properties and not exceeding 32 square feet for identifying residential development, developers, contractors, and/or realtors are permitted in R, W-C, W-M, and W-R districts while property is under construction or offered for sale and they shall be removed within 10 days of the date of the final sale of the property.

303.17.

Portable signs shall only be permitted on nonresidential property in a commercial or manufacturing district and if they comply with the following: All portable signs shall require a building permit, and shall be permitted for up to four periods of 15 consecutive days during the calendar year. Portable signs can be located anywhere on a property, with the exception of the public right-of-way, a clear sight triangle, or on required parking spaces. Portable signs shall not exceed six feet in height or 32 square feet. Any electrically operated sign shall conform with and require a City of Erie electrical permit.

303.18.

Outdoor advertising. All outdoor advertising, as defined, shall be located in any C-2, C-3, M-1 or M-2 zoning district and shall conform to the lot, yard, and height requirements as established in Section 205. All outdoor advertising shall not exceed 672 square feet in size and shall be mounted at least 10 feet from the ground unless mounted flush on the surface of a building wall. An allowance for extensions/embellishments is permitted. Such extensions/embellishments shall not exceed more than a 10% addition to the allowable sign area. Outdoor advertising signs shall be spaced a minimum of 1,000 feet from any other outdoor advertising sign.

303.19.

All outdoor advertising devices constructed and existing on the effective date of this Ordinance, which would be prohibited under this Ordinance, shall be permitted except that, if the device shall not be used for advertising for a period of more than one year or shall become dilapidated, the device shall be removed.

303.20.

All outdoor advertising located along the Bayfront Parkway and Eastside Connector lying in C-2, M-1, M-2, and C-3 zoning districts shall be set back 600 feet from the center line of the Bayfront Parkway and Eastside Connector. For purposes of this section, "Bayfront Parkway and Eastside Connector" is defined as an area consisting of the Parkway/Connector right-of-way beginning at the intersection of West 8th Street and the Bayfront Parkway and traveling generally eastward along the Bayfront Parkway/Eastside Connector to its eastern terminus point near East 38th and Bird Drive.

303.21.

Along the corridor designated as the Seaway Trail, which includes West 6th Street, East 6th Street, East Lake Road, Cranberry Street from West 6th Street to the Bayfront Parkway, the Bayfront Parkway from Cranberry Street easterly to the Eastside Connector, and the Eastside Connector from the Bayfront Parkway to East 6th Street, no outdoor advertising device, as defined, may be erected by any owner, person responsible or other person:

Within 660 feet of the nearest edge of the right-of-way; or

More than 660 feet from the nearest edge of the right-of-way if the sign is visible from the main-traveled way and the purpose of the sign is that its message be read from the main-traveled way, except as follows:

The official signs and notices which are required or authorized by law and which conform to the national standards promulgated by the Secretary of Transportation of the United Stated pursuant to 23 U.S.C. § 131 (relating to control of outdoor advertising);

Outdoor advertising devices advertising the sale or lease of the real property upon which they are located;

Outdoor advertising devices advertising activities conducted on the property on which they are located, including devices which display a message that may be changed at reasonable intervals by electronic process or remote control; and

Directional signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions and other points of interest to the traveling public which conform to the national standards promulgated by the Secretary of Transportation of the United States pursuant to 23 U.S.C. § 131.

303.22.

If the Seaway Trail corridor is designated as a Byway by the Commonwealth of Pennsylvania, Department of Transportation, the municipality shall enforce the prohibitions set forth in this Ordinance and shall not revise this Ordinance without the prior written approval of the Department. Failure to do so may result in revocation of the Byway designation.

§ 304 Temporary structures and storage.

[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]

304.1.

Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period. Temporary occupancy of cellars or other foundation structures as dwellings before completion of the total structure shall not be permitted.

304.2.

The trailer portion of a tractor-trailer combination may be used for storage in the M-1 and M-2 manufacturing districts. Such use shall not infringe on required yard space nor exceed lot coverage requirements (see Section 205). Such use must comply with all lot, yard and height requirements (see Section 205).

§ 305 Conditional uses, special exceptions and special regulation criteria.

[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]

The criteria for conditional uses and special exceptions, as well as general special restrictions on various uses, are listed in this section. In addition to these, the Zoning Hearing Board, in granting special exceptions, and City Council/Planning Commission in considering conditional uses, are charged with considering the effect that such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development must be carefully weighed and given priority in each decision. In granting a special exception or conditional use, the Board or Council (as appropriate) may attach reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and of this Ordinance. This section also contains specific criteria for permitted uses of the City's Zoning Ordinance.

305.1.

Group home special exception. Designed as a reasonable accommodation of group living arrangements for handicapped persons as defined by the Fair Housing Act, 42 U.S.C. § 3601 et seq., so long as the facility abides by all City codes of general applicability and does not pose an undue hardship on, or fundamental alteration in the nature of the zoning ordinance.

305.2.

Automobile-related uses. Plans for off-street parking lots, drive-in commercial, gasoline service stations, and service garages shall show the location of all the buildings and/or structures upon the lot, the location of driveways, the location of screen planting strips, and all appropriate dimensions.

305.3.

Off-street parking lots and accessory parking. If located adjacent to properties in R Districts not served by subject lot, a screen planting strip shall be installed and suitably protected from automobiles by wheel barriers or guardrails. Screen plantings shall also be provided along any road frontage in all districts with the exception of C-3, C-4 and M districts. All public sidewalks along street property lines except at driveways shall be protected from automobiles extending on or over them by wheel barriers or guardrails. Lots 5,000 square feet or larger shall be surfaced with asphalt or concrete. Lots under 5,000 square feet in size shall use gravel, crushed limestone or a similar treatment; however, the treatment shall result and be maintained in a mud- and dust-free surface.

305.4.

Drive-in commercial and gasoline service stations shall be located at least 200 feet from the nearest property line of any school, park, playground and at least 100 feet from the nearest property line of any hospital, church, or public library to the nearest property line of said drive-in commercial or gasoline service station; the buildings, pump islands and other equipment shall be at least 50 feet from any R District and excepting service garages 15 feet from any street property line. Service garages shall be at least 20 feet from any property line which the garage doors face. A screen planting strip shall be provided adjacent to properties in R Districts and it shall be suitably protected from automobiles by wheel barriers or guardrails. All public sidewalks along street property lines except at driveways shall be protected from automobiles extending on or over them by wheel barriers or guardrails. The site shall be surfaced with asphalt or concrete aprons at pump islands and concrete driveways between street property lines and curblines. All lights shall be shielded to protect adjacent properties in R Districts from glare.

305.5.

Stacking requirements for drive-in, drive-through facilities.

This section provides vehicle stacking standards for drive-in, drive-through facilities. These may include such uses as banks, fast-food restaurants and car washes. The purpose of these standards is to provide minimal stacking capacity for various uses so vehicles will not use public streets while queuing in line for service. All references to stacking capacity relates to typical automobiles. A length of 20 feet per auto will be used to accommodate one vehicle and minimal head space. Minimum stacking lane width is nine feet.

Use	Stacking Capacity Per Drive-In Window
Restaurant	4* per drive-in window
Bank	3 per drive-in window
Car wash	2 per wash bay
Gas stations	2 per pump

NOTE:
*If there are separate order and pickup windows, two for each shall be accepted.

For other uses, guidelines from the Institute of Traffic Engineers may be used or the written recommendations of a professional engineer.

Note: Stacking capacity is to be measured from the lot line to the service window and is not to include any area of the public right-of-way.

305.6.

Truck terminals. The areas for vehicle storage and maneuver in truck terminals shall be paved.

305.7.

Cemeteries are permitted in R-1 and R-2 districts only as the extension of an existing cemetery or to preserve a "burying ground."

305.8.

Fraternities, sororities and dormitories. Such uses are often intense residential uses that are also sometimes used for social gatherings. As such, these uses can be highly intrusive in a residential neighborhood and the following conditions must be met:

Required lot size is 10,000 square feet.

Side yards must be 15 feet each, front yards 35 feet and rear yards 40 feet.

One off-street parking space per four residential occupants shall be required plus an additional five off-street spaces for visitors. All parking must be on-lot.

Side and rear yards which abut residential uses shall provide screen planting.

No outdoor loudspeakers or sound systems will be allowed.

Refuse receptacles (i.e., "dumpsters" et al.) shall be located behind the rear of the main building, shall be screened on three sides.

305.9.

Fire stations and other municipal buildings in R-1A, R-1, R-2 and R-3 districts shall be located upon lots facing streets designated as major thoroughfares in the Major Thoroughfares Plan.

305.10.

Rooming and boarding houses. Rooming and boarding houses shall be allowed as a special exception in the R-3 District if they meet the following conditions:

No more than six roomers/boarders may be housed.

Each roomer/boarder shall have an off-street, on-site parking space.

The owner or leaser of the residence shall reside full time on the premises.

305.11.

Utility substations in the required front yard or public rights-of-way shall be constructed below the grade of the adjoining ground. Installations aboveground shall comply with lot and yard requirements and shall be housed in a structure with an architectural design, exterior material and appearance harmonizing with the adjacent dwellings.

305.12.

Churches, hospitals, places of worship and schools.

Shall provide all parking and loading/unloading requirements as required by this Ordinance.

All parking and recreation/play areas which abut residential uses shall be screened.

Any outdoor lighting shall be designed to prevent glare to adjoining properties.

305.13.

Townhouse developments.

The developer may vary architectural treatments between units in a townhouse development. Variations may include those of exterior elevation, building setbacks, provision of balconies, architectural details, pitch of roof, exterior materials or use of color.

Variety and flexibility in design, layout and arrangement of buildings, parking areas, services, recreational areas, common open space, and planting that fully considers the particular physical characteristics of the site and natural amenities is highly desired.

Access and service shall be provided in the front of each dwelling unit in the townhouse. Parking will be provided on the lot, as carports, as an integral part of the townhouse, or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs.

Adequate refuse storage facilities shall be provided and shall be either in a structure closed on at least three sides, or shall be screened from adjoining properties by a fence or screen plantings.

305.14.

Bed-and-breakfast. Such uses are intended to provide overnight or short-term (not more than two weeks) accommodations for transient guests in a home-like atmosphere. They must meet the following regulations:

No signs in excess of six square feet shall be allowed. Only one such sign shall be permitted.

No more than 12 guest rooms will be permitted.

One off-street parking space for each guest room shall be required.

Shall conform to the definition of "bed-and-breakfast homestead or inn" as set forth by the Pennsylvania Public Eating and Drinking Place Law, as amended.

305.15.

Day-care centers. Day-care centers (see Article 6) shall be allowed as a special exception, providing the following criteria are met:

Any outdoor play area shall be effectively screened from abutting properties.

For all new construction, and where feasible for existing structures, circular driveways or the equivalent shall be provided to deliver and pick up children off public streets. These facilities are intended for the safety of the children and the protection of the neighborhood. In any event, the developer shall demonstrate how pickup and delivery shall occur in a safe manner.

Such facilities must be licensed or registered (as appropriate) by the Pennsylvania Department of Public Welfare.

305.16.

Multiple-family dwellings.

In R-2 Districts, three- and four-family dwellings are permitted, provided each dwelling has at least 2,000 square feet of lot area per family. (80-1990)

In R-3, RLB, C-1, C-2, C-4, W-C and W-R districts, multiple-family dwellings shall comply with the yard requirements for an R-3 District and the minimum lot area per family established in Section 205.

305.17.

Eating and drinking establishment. In RLB Districts, total commercial use size shall not exceed 5,000 square feet in floor area and shall not have alcoholic beverages in the establishment.

305.18.

After hours club and dance club. After hours clubs and dance clubs are permitted in the C-3 and M-2 districts as special exceptions, and W-C3 District as a conditional use.

Review.

In reviewing an application, the Zoning Hearing Board or City Council, as applicable, shall consider the public health, safety, and welfare, including:

Pedestrian safety;

The traffic volume to be created by the proposed use;

The adequacy of parking and access;

The character of the neighborhood and the applicant's effect on the peace of the neighborhood and, in particular, proximity of the proposed licensed premises to residential uses and the effect of the proposed use of the licensed premises on the quiet enjoyment of residential premises by the inhabitants thereof;

The ability of the proposed use to comply with all applicable zoning and building regulations; and

The architectural compatibility of the proposed licensed premises with the character of the neighborhood.

The Board/City Council may attach any reasonable conditions necessary to address public health, safety, and welfare concerns.

All after hours clubs and dance clubs must meet the following minimum regulations:

A screen planting strip shall be provided adjacent to properties in R Districts;

Any outdoor lighting shall be designed to prevent glare to surrounding properties;

No outdoor loudspeakers or sound systems shall be allowed; and

Refuse receptacles (i.e., "dumpsters" et al.) shall be located behind the rear of the main building, shall be screened on three sides.

305.19.

Outside storage. The outdoor storage of any equipment or materials associated with any commercial or manufacturing use, regardless of the zoning district it is located in, shall be completely screened from view.

305.20.

Personal care boarding homes for adults. The purpose of such homes is to provide residences for individuals in a home-like setting. Consequently, it is essential to maintain an exterior appearance that is in harmony with surrounding residences. In addition, such uses shall meet the following conditions:

There shall be no sign or exterior display indicating the name of the home or its use larger than four square feet.

At least one additional on-lot parking space shall be provided for each two guests, along with one space per employee.

No home shall admit more than eight guests/clients at any one time.

Evidence of any required county and/or state certifications shall be presented to the Zoning Officer.

305.21.

Libraries and museums. Such uses will be allowed in the RLB District if their total floor area does not exceed 7,000 square feet.

305.22.

Continuing care retirement communities. These facilities are generally campus-like in design and at a large physical scale. They typically include residential units, assisted care units and nursing home beds designed to serve an older population.

The developer shall certify that all units will meet the federal standards for housing for the elderly. Specifically, all residents shall be 62 years of age or older or at least 55 years of age for one resident of no more than 80% of the units. In lieu of this, certification by the Continuing Care Accreditation Commission will be acceptable.

The development shall meet parking and density requirements for all components contained within the development.

Any outdoor lighting shall be designed to prevent glare to surrounding properties.

The development shall be effectively screened from abutting residential properties with a mixture of deciduous and coniferous plantings sufficient to filter most light and noise throughout the year. At a minimum, this screen/buffer should be at least six feet in height and 10 feet in width within two years of planting.

A development plan is required.

All side yards shall be at least 20 feet, all rear yards at least 40 feet.

305.23.

Corporate offices and research laboratories. Corporate offices and research laboratories in RLB-1, C-1, C-2 and C-3 districts shall not include pilot plants for the production or manufacture of goods or materials, and the laboratory areas shall be completely sealed and air controlled to prevent any direct emission of smoke or fumes to the outside.

305.24.

Medical and dental clinics.

All required parking, loading and unloading shall be contained entirely on-lot, including sufficient maneuvering room so that vehicles will not back onto a public street. Any parking area next to a residential use shall be screened.

All lighting shall be so arranged to prevent glare to adjoining properties.

305.25.

Nursing and convalescent homes.

Shall provide all parking and loading/unloading requirements as required by this Ordinance.

The design and landscaping shall be compatible with, and preserve the character of, adjoining residential uses.

All parking and recreation/play areas which abut residential uses shall provide screen planting.

Any outdoor lighting shall be designed to prevent glare to adjoining properties.

Such uses shall have, and present, all needed local, county, state or federal permits. Final approval of all needed permits shall be required.

305.26.

Neighborhood centers. These facilities are designed to provide a variety of services to residents within their area. They shall meet the following additional standards:

Side yards shall be at least 20 feet in width.

The parking area shall be calculated by combining the requirements for each use/service to be offered by the center. However, in no event shall it be less than one per each 350 square feet of floor area.

305.27.

Greenhouses/nurseries.

Side yards which abut residential users or R Districts shall be at least 15 feet in width.

Customer parking shall be accommodated on-lot.

305.28.

Funeral homes. All funeral homes shall provide:

Adequate parking on-site for at least 20 parking spaces for visitors (see also Section 302).

All pickup and delivery shall be accommodated on-site.

Lighting shall be directed away from abutting properties.

305.29.

Animal care shall be totally enclosed in a sealed, air-conditioned structure at least 100 feet from the nearest dwelling when located in a C-2 District.

305.30.

Light manufacturing in a C-3 District shall not occupy 50% of the ground floor area and at least 50% of the goods produced shall be sold at retail on the premises.

305.31.

Mobile homes and trailer sales lots in a C-2 District shall be located upon lots adjoining an established drive-in commercial, gasoline service station, service garage, or automobile sales.

305.32.

Commercial uses similar to permitted uses in C-2 and C-3 Districts not otherwise specified shall be referred to the Zoning Hearing Board for interpretation and approval.

305.33.

Adult bookstore, adult live entertainment, an adult motion-picture theater, an adult mini motion-picture theater, or a massage parlor shall be located at least 750 feet from the nearest property line of any other adult bookstore, adult motion-picture theater, adult mini motion-picture theater, or massage parlor and shall be located at least 750 feet from the nearest property line of any residential area, church, school, other institution of learning or education, hospital, library, park or playground.

305.34.

A bottle club shall be located at least 1,000 feet from the nearest property line of any residential district, church, school, other institution of learning or education, hospital, library, park or playground.

305.35.

Convenience stores.

Fuel pumps shall meet the requirements found in Sections 305.4 and 305.5. Fuel pumps shall not be allowed at stores located in the RLB or C-4 zoning districts.

Stores in the RLB or C-4 zoning districts shall not exceed 2,500 square feet in size and shall not have fuel pumps.

Any lot line abutting a residential use or district shall provide appropriate screening.

Any outdoor mechanical or refrigeration equipment shall be muffled to minimize noise.

305.36.

Limited retail business. The intent of this provision is to accommodate small-scale retail enterprises benefiting nearby residents and attracting outside visitors.

Total commercial use size shall not exceed 7,000 square feet in floor area in C-1 and C-4 districts, and shall not exceed 5,000 square feet in floor area in RLB Districts.

A use shall meet parking provisions for its commercial type.

There shall be no outdoor sound transmission systems or displays of any sort except as allowed by this Ordinance.

305.37.

Wireless communications facilities.

Purposes and findings of fact.

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance and use of wireless communications facilities in the City of Erie. While the City recognizes the importance of wireless communications facilities in providing high-quality communications services to its residents and businesses, it also recognizes that it has an obligation to protect public safety and to minimize adverse visual effects of such facilities through standards set forth in the following provisions.

By enacting these provisions, the City intends to:

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both City residents and wireless carriers in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the City, including facilities both inside and outside the public rights-of-way; with facilities in the right-of-way anticipated to be regulated and administrated by prospective non-zoning legislation;

Promote the health, safety and welfare of the City's residents;

Address new wireless technologies, including but not limited to distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities; and

Minimize adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of such services co-locate their commercial communications antennas and related facilities on existing towers.

General and specific requirements for non-tower wireless communications facilities.

The following regulations shall apply to all non-tower wireless communications facilities (WCF):

Non-tower WCF are permitted in all zoning districts subject to the regulations and conditions of this Ordinance and subject to applicable permitting by the City.

Nonconforming wireless support structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the City.

Wind. All non-tower WCF structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended) for locations outside of the public right-of-way. Such structures within the public rights-of-way may alternatively be subject to the National Electrical Safety Code at the option of the City Engineer.

Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the City.

If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the City, the WCF and/or associated facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF.

Insurance. Each person who owns or operates a non-tower WCF shall provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage, arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the City's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

Reservation of rights. In accordance with applicable law and as set forth in more detail in subsequent design and development standards below, the City reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to visual impact, design, and safety standards.

The following regulations shall apply to all collocated non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act.[2]

Permit required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a construction permit from the City. In order to be considered for such permit, the WCF applicant must submit a permit application to the City in accordance with applicable permit policies and procedures.

Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the City, the City shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the City shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. If additional information was requested by the City to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the City's sixty-day review period.

Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

[2]

Editor's Note: See 53 P.S. § 11702.1 et seq.

The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

Prohibited on certain structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

Zoning permit required. To the extent permissible by law, any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a zoning permit authorization from the City. The zoning permit application shall demonstrate that the proposed facility complies with all applicable provisions in this Zoning Ordinance.

Historic buildings. No non-tower WCF may be located upon any property, or on a building or structure, that is listed on either the National or Pennsylvania Registers of Historic Places, or on that official historic structures and/or historic districts list maintained by the City, or has been designated by the City to be of historical significance.

Retention of experts. The City may hire any consultant(s) and/or expert(s) necessary to assist the City in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Development regulations. Non-tower WCF shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:

The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance.

In accordance with industry standards, all non-tower WCF applicants must submit documentation to the City justifying the total height of the non-tower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.

If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

Security fencing. A security fence having openings not greater than nine square inches and with a minimum height of six feet and a maximum height of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use. The Zoning Officer may authorize a fence height up to eight feet without variance relief from general regulations in this Ordinance being required.

Design regulations.

Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the City.

Noncommercial usage exemption. City residents utilizing satellite dishes, citizen or band radios, and antennas for the purpose of maintaining television, phone, amateur radio, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.

Removal, replacement and modification.

The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the numbers of antennas.

Any modification to a WCF shall require notice to be provided to the City, and a supplemental permit approval may be required if the City determines that the modification is material.

Inspection. The City reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the City Code or state or federal law. The City and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Regulations applicable to all non-tower WCF located in public rights-of-way. In addition to the non-tower WCF regulations set forth in Section 305.37(b), above, all non-tower WCF located in a public right-of-way shall comply with the following regulations:

Location. Non-tower WCF in the ROW shall be located or co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the City's approval.

Design requirements:

WCF installations located above the surface grade in the public ROW, including but not limited to those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Time, place and manner. The City shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the City and the requirements of the Public Utility Code.

Equipment location. Non-tower WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the City. In addition:

In no case shall ground-mounted related equipment, walls, or landscaping be located within two feet of the street cartway or within an easement extending onto a privately owned lot; other than as specifically approved by the City.

Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the City if screening is deemed necessary or appropriate in the circumstances.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the City.

Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner, promptly or within 10 days after date of City's notice to do so.

Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the City.

Relocation and/or removal of facilities. Within 60 days after the date of written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessarily under the following circumstances:

The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;

The operations of the City or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the City.

Repair, replacement and/or removal of facilities and related equipment.

The owner of any WCF or related equipment located within the right-of-way of a public street in the City shall ensure that any damaged WCF or related equipment is repaired, restored and/or replaced within 60 days after damage or casualty to the same is sustained.

The owner of any WCF or related equipment located within the right-of-way of a public street in the City shall give notice to the City's zoning office and City Engineer within 10 days after such WCF and/or related equipment ceased being used or operational, and shall remove the same from the public right-of-way at owner's sole expense within 60 days after such WCF and/or related equipment ceased being used or operational.

Inspections. The City may inspect facilities within a public right-of-way without any prior notice being given.

General and specific requirements for all tower-based wireless communications facilities.

The following regulations shall apply to all tower-based wireless communications facilities:

Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the City.

Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the City.

Special exception use. Tower-based WCF are authorized in certain zoning districts as a use on special exception at a height necessary to satisfy their function in the WCF applicant's wireless communications system. A tower-based WCF applicant shall submit an application to the City Zoning Hearing Board, demonstrating that the proposed facility complies with all applicable provisions in the City Zoning Code. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area. Such use on special exception is further subject to the provisions of Section 204 and Article 3 of the Zoning Ordinance. The special exception application shall further include proof or documentation of the following:

The WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

A propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

Documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Zoning Hearing Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

Documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.

Engineer inspection. A professional structural engineer, licensed in the Commonwealth of Pennsylvania ("structural engineer") shall provide to the City a written certification and of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any zoning and/or construction permits.

Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Zoning Hearing Board, or shall have a galvanized finish. All tower-based WCF and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by the City. The Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

Permit required for modification. To the extent permissible under state and federal law then applicable, any WCF applicant proposing modification of an existing tower-based WCF which increases the overall height of such WCF shall first obtain a permit from the City. Nonroutine modifications are prohibited without the prior grant of a permit.

Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the City's decision on an application for approval of tower-based WCF.

Additional antennas. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the City with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCF where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the City.

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

Height. Any tower-based WCF shall be designed at the minimum functional height. In all zoning districts other than M-2 Heavy Industrial, within 200 feet from the Interstate 79 right-of-way, the maximum height of any tower-based WCF shall be 150 feet. In the M-2 Heavy Industrial District, within 200 feet from the right of-way of Interstate 79, the maximum height of any tower-based WCF may be increased to not more than 180 feet so long as the required setbacks from adjoining property lines (not lease lines) and nearby buildings or structures are increased by one foot for every one foot of height in excess of the stated general maximum height for the district.

Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the tower-based wireless communications facility.

Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the City's residents, and utilize the best available technology for preventing failures and accidents.

Radio frequency emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Historic buildings or districts. A tower-based WCF shall not be located upon a property and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the commonwealth or City.

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Strobe lighting is prohibited. The WCF applicant shall promptly report any outage or malfunction of AA-mandated lighting to the appropriate governmental authorities including the City zoning office and shall correct such malfunction or outage as soon as is practicable.

Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and/or such as to constitute a nuisance under the City Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation safety. Tower-based WCF shall comply with all federal, state and local laws and regulations concerning aviation safety.

Retention of experts. The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the City, the City shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the City shall advise the WCF applicant in writing of its decision. If additional information was requested by the City to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

Nonconforming uses. Nonconforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site, unless a time extension is approved by the City.

If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the City, the WCF and accessory facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF.

Any unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The City must approve all replacements of portions of a tower-based WCF previously removed.

FCC license. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Certification by engineer. All plans and drawings for a tower-based WCF shall contain a seal and signature of a structural engineer.

Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the City financial security in a form accepted under the Subdivision and Land Development Ordinance[3] sufficient in amount to guarantee the removal of the tower-based WCF. The amount of said financial security shall be equal to 110% of the cost of removal estimated by a professional engineer under seal as of a date three years after the application date as accepted by City's Engineer. Said financial security shall remain in place until the tower-based WCF is removed.

[3]

Editor's Note: See Article 1301, Subdivision Regulations, of this Code.

The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:

Development regulations.

Tower-based WCF shall not be located in, or within 100 feet of, and areas in which utilities are primarily located underground, and its height shall be limited to the same amount of footage as its setback, up to the maximum height of 150 feet, whichever is less.

Tower-based WCF of any height are permitted outside the public rights-of-way in the C-3 Central Commercial, M-1 Light Industrial, M-2 Heavy Industrial and IP Industrial Park districts by special exception, subject to the above prohibition.

Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 33% of the proposed WCF structure height.

Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.

Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, buffer planting, etc., if the proposed WCF is greater than 40 feet in height.

Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall be equal to the total height of the tower-based WCF plus 30 feet or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility, or agriculture or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 250 feet, regardless of the height of the tower-based WCF, unless it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

Design regulations.

The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the City.

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the City.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

Surrounding environs.

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

The WCF applicant shall submit a soil report to the City complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

Fence/screen.

A security fence having openings not greater than nine square inches and with a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Zoning Hearing Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the discretion of the Board, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

Accessory equipment.

Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the City that the property owner has granted an easement for the proposed facility, access road, turnaround space and parking area.

Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

Inspection. The City reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the City Code or state or federal law. The City and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way.

Location and development standards.

Tower-based WCF 40 feet or shorter in height are prohibited in areas in which utilities are located underground.

Tower-based WCF 40 feet or shorter in height shall not be located in the front facade area of any structure.

Tower-based WCF 40 feet or shorter in height shall be permitted along certain collector roads and arterial roads throughout the City, regardless of the underlying zoning district, provided that they are not situated within 50 feet of an area in which utilities (including water, sewer, gas, electric and communications) are underground. A map of such permitted roads is kept on file at the City zoning and/or engineer office.

Time, place and manner. The City shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the City and the requirements of the Public Utility Code.

Equipment location. Tower-based WCF and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the City. In addition:

In no case shall ground-mounted related equipment, walls, or landscaping be located within two feet of the street cartway.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the City.

Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner, promptly and in any event within 10 days after any notice from the City to do so.

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the City.

Design regulations.

The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the City.

Tower-based WCF in the public ROW shall not exceed 40 feet in height.

To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the City, and shall not increase the overall height of the tower-based WCF to more than 40 feet.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

Relocation or removal of facilities. Within 60 days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;

The operations of the City or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the City.

Reimbursement for ROW Use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the City's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the City's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the City. The owner of each tower-based WCF shall pay an annual fee to the City to compensate the City for the City's costs incurred in connection with the activities described above.

305.38.

Car washes. Where a facility is located adjacent to or across the street from an R District, the facility shall not be open to the public between the hours of 10:00 p.m. and 7:00 a.m. Any outdoor mechanical equipment shall be muffled to minimize noise.

305.39.

Heavy manufacturing shall be located where the emission of noxious gases, fumes, smoke or dust will not be objectionable to established permitted uses nearby or is controlled by the installation of special equipment. Outside storage yards abutting or immediately across a street from any R District shall be screened with a solid fence or wall facing the R District.

305.40.

Scrap yards shall comply with the following requirement:

All lots shall be at least two acres in size and located at least 300 feet from any R or RLB district.

There shall be no storage of scrap, machinery or equipment of any kind in areas visible from the surrounding properties or a public road.

All yard spaces shall be at least 50 feet.

The processing or storage of hazardous materials as the same are defined by Department of Environmental Protection (DEP) shall not be permitted.

The facility shall provide a fence around the premises at least eight feet in height, constructed to block the line of sight and be set at least 10 feet back from any yard line.

305.41.

Any other manufacturing use which is not objectionable to immediate neighbors because of noise, vibration or emission of noxious gases, fumes or dust shall be referred to the Zoning Hearing Board for interpretation and approval.

305.42.

Correctional facilities and custodial care facilities shall comply with the following:

No such use shall be approved if located within 1,000 feet from another correctional or custodial care facility;

No such use shall be approved within 500 feet of a school, park, playground, church, community center, child-care facility or other area where minor children assemble or congregate;

The density of development for any facility shall not exceed that authorized in Section 205 for the district in which it is located;

Commercial outdoor signs shall be prohibited;

Any additional conditions ensuring appropriate security measures, including but not limited to fencing and other barriers, cameras, lighting, guards, sign-in and sign-out sheets, curfews for residents, guard dogs, sirens and direct alarms with the Police Department, may be considered prior to approval;

The facility shall be designed to address the safety of those within and outside of the facility;

Walls, fences, and other physical barriers shall be designed to be compatible with the architecture of the facility;

(h)

There shall be no direct glare of any sort of lighting onto an adjoining property;

(i)

A written statement from the Chiefs of Police and Fire that the plan has been reviewed for the physical layout of the proposed facility. They shall also review the proposed operational plans (i.e., security and fire evacuation plans) prior to the public hearing before City Council. Any additional security recommendations that either Chief may have should be included in this letter.

305.43.

Licensed massage therapy.

In order to perform massage therapy services, all individuals shall hold a degree or certificate with a minimum of 600 hours' completed curriculum from a school licensed to teach therapeutic massage therapy techniques. By October 2010, all individuals shall hold a license from the State of Pennsylvania, in accordance with the Pennsylvania Massage Therapy Law, PA House Bill 2499.[4]

[4]

Editor's Note: See 63 P.S. § 627.1 et seq.

Other licensed professionals performing massage services within their scope of practice, including licensed physicians, nurses, chiropractors, physical therapists, or trainers, are not required to obtain a massage therapist license.

Existing practitioners are eligible, provided they meet one of the following grandfather provisions of the PA Massage Therapist Therapy Law:

Passed a certification examination accredited by the National Commission of Certifying Agencies.

Completed 500 hours of instruction in an approved education program and earned a certificate/diploma from that program.

Passed either a) the NESL examination offered by the National Certification Board for Therapeutic Massage and Bodywork, or b) the Massage and Bodywork Licensure Examination offered by the Federation of State Massage Therapists, and has no less than 100 hours of instruction.

On October 7, 2010, all regulations of massage therapist under this Ordinance shall be preempted and superseded by state law.

305.44.

Wind energy conversion systems (WECS). A WECS may be installed in the M-1, M-2, W-M and IP districts as a conditional use approved by City Council. Such approval shall be in accordance with the following requirements:

The maximum height of a WECS shall be no taller than 160 feet in height.

The minimum setback for a WECS shall be 1.1 times the total height from the nearest occupied building, property line, or public or private street right-of-way. NOTE: The total height shall include the height of any structure that a tower or pole is mounted on if it is not mounted directly at ground level. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

The following performance standards shall be met for all WECS:

All wind energy systems including towers shall comply with all applicable local, state and national construction and electrical codes, and applicable electric utility standards.

No wind energy system shall be installed until evidence has been given to the City of Erie that the electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Wind turbines shall be equipped with controls to limit the rotational speed of the rotor within the design limits of the turbine.

Wind turbines shall remain painted or finished with the nonreflective color that was originally applied by the manufacturer.

All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a wind energy system visible from any public road shall be prohibited.

A clearly visible warning sign detailing voltage must be placed at the base of all pad-mounted transformers and substations.

(7)

On-site transmission and power lines between turbines or other structures or buildings shall, to the maximum extent practicable, be placed underground.

(8)

Visible, reflective, colored objects, such as flags, reflectors or tape, shall be placed on the anchor points of guy wires and along the guy wires eight feet from the ground.

(9)

Wind turbines shall not be artificially lighted unless the Federal Aviation Administration or other applicable authority regulating air safety requires such lighting.

(10)

All towers or poles shall be enclosed by an 8.5-foot fence with a lockable entry to prevent entry by nonauthorized persons. Or, the lot on which the towers or poles are located may be enclosed by an 8.5-foot perimeter fence with a lockable entry, and all towers shall have clearance of at least 10 feet for any climbing structure (ladder rungs, etc.).

(11)

The name and telephone number of the current contact person in the event of an emergency shall be posted at the site at all times.

(12)

The applicant shall maintain the wind energy system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and security measures.

(13)

The owner and/or operator of a wind energy system, at all times, shall maintain a current general liability insurance policy covering bodily injury and property damage caused by or arising from the wind energy system with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. A certificate of such insurance shall be supplied to the City of Erie prior to issuance of a permit and a current certificate of insurance shall be supplied to the City of Erie annually within 30 days after the policy anniversary issuance date.

(14)

The facility owner and operator of a WECS shall maintain a telephone number and identify a responsible person for the public and the City of Erie to contact with inquiries and complaints throughout the life of the project. The facility owner and operator shall make reasonable efforts to respond to inquiries and complaints by the public, and shall respond fully to all inquiries and complaints by the City of Erie.

In addition to other requirements of this Ordinance, an application for a permit shall meet the following submission requirements:

A document providing a description of the proposed wind energy system shall include all of the following:

Property lines and physical dimensions of the property, including the locations of any existing structures on the property.

Location and height of each proposed wind turbine, setback distances, access road and turnout locations, substation(s), ancillary equipment, buildings and structures, including permanent meteorological towers, associated transmission lines and layout of all structures within the geographical boundaries of any applicable setback.

Any public road rights-of-way that are contiguous with the property and all utility lines or easements.

Wind system specifications, including manufacturer and model, rotor diameter, tower height and tower type (freestanding or guyed) and approximate generating capacity.

Stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer. Wet stamps shall not be required.

An affidavit or evidence of agreement between lot owner and the facility's owner or operator confirming that the owner or operator has permission of the property owner to apply for necessary permits for construction and operation of the wind energy system.

Other relevant studies, reports, certificates and approvals as may be reasonably requested by the City of Erie including but not limited to documents confirming compliance with all setbacks and performance standards.

Documents related to decommissioning, including a schedule for decommissioning and financial security to ensure such decommissioning.

An applicant for a WECS shall hold a neighborhood informational meeting prior to going before the City Planning Commission. The applicant shall notify all property owners within a 500-foot radius of the property lines of the lot upon which the WECS is proposed to be located. The meeting shall explain the exact proposed location of the equipment, outline relevant safety measures, and otherwise answer any questions the attendants might have. The applicant shall provide evidence of both the mailing and the meeting to the Commission.

The following requirements shall be met for decommissioning:

A zoning permit issued which authorizes this use shall be subject to the condition that the owner shall comply with all applicable regulations of this Ordinance governing decommissioning.

The facility owner and/or operator shall, at its expense, complete decommissioning of the wind energy system(s) within six months after the end of the useful life of the facility or individual turbine(s) or, if applicable, within six months after termination of any lease or agreement authorizing such use or the revocation by the City of Erie of a permit authorizing such use. A wind energy system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. The applicant shall be responsible for notifying the City of Erie's Zoning Officer, in writing, of the end of the useful life of the system or, if applicable, the termination of use of such systems.

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, fencing, roads, foundations to a depth of 48 inches and any other associated facilities.

Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

Facility owner and/or operator shall provide evidence of financial assurance for decommissioning. Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the City of Erie.

305.45.

Small wind energy systems (SWES) and commercial/industrial wind energy systems (CIWES). A SWES may be permitted as a special exception in all zoning districts and a CIWES may be permitted as a special exception in all zoning districts, except R-1, R-1A and R-2, in accordance with the following regulations as approved by the Zoning Hearing Board of the City of Erie, or in waterfront zoning districts by City Council.

The maximum height of a SWES or CIWES shall be no taller than 160 feet in height.

The minimum setback for a SWES or CIWES shall be 1.1 times the total height from the nearest occupied building, property line, or public or private street right-of-way. NOTE: The total height shall include the height of any structure that a tower or pole is mounted on if it is not mounted directly at ground level. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

All applicable performance standards set forth in Section 305.44 of the Zoning Ordinance governing wind energy conversion systems, as the same may be amended in the future, shall apply to and govern use of small wind energy systems or commercial/industrial wind energy systems. Applicable performance standards include those set forth in Section 305.44(c)(l) through (12) generally, except changing the fence height of Section 305.44(c)(10) to 6.5 feet for SWES, and others if relevant to a given application. Proof of homeowner's insurance covering the SWES or other applicable insurance covering the CIWES shall be supplied to the City of Erie prior to the issuance of a permit.

In addition to the submission requirements of Section 305.44(d)(1) through (3), an applicant for a SWES or CIWES shall also hold a neighborhood informational meeting with the same requirements as outlined in Section 305.44(e). However, instead of appearing before the Planning Commission, the evidence of the meeting will be provided to the Zoning Hearing Board.

The requirements for the decommissioning of a SWES and CIWES include those set forth in Section 305.44(f)(1) and (2). Decommissioning shall include removal of all turbines, towers, and poles.

305.46.

Solar collection systems. Solar collection systems shall be considered an accessory use in all zoning districts in accordance with the following requirements:

Freestanding solar panels shall only be permitted in the rear and side yard.

Freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 feet in height above the ground.

Freestanding solar panels shall be set back as required for accessory uses in the districts in which they are located.

The total coverage of a lot with freestanding solar panels cannot exceed the greater of 50% lot coverage or the maximum allowable coverage for the district in which they are located.

Roof-mounted solar panels installed on a building or structure with a sloped roof shall not project vertically more than the height requirements for the district in which they are located.

In addition to the requirements listed above, requirements for installation, structural certification, roof covering and so forth can be found in the "Solar Photovoltaic Installation Guideline" available in the Bureau of Code Enforcement. All panels must adhere to these guidelines.

305.47.

Urban solar farm. Urban solar farms shall be permitted in M-1, M-2, and IP districts, and in W-M as a conditional use, in accordance with the following regulations:

Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access at a height of 8.5 feet.

The manufacturers' or installers' identification and appropriate warning signage shall be posted at the site in a clearly visible manner.

On-site power lines shall, to the maximum extent practicable, be placed underground.

Solar farms shall adhere to the setback, height, and coverage requirements of the district in which they are located.

The following requirements shall be met for permit applications:

A descriptive plot plan including setbacks, panel sizes, locations of property lines, buildings, and road rights-of-way.

No urban solar farm shall be installed until evidence has been given to the City of Erie that the electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Any other relevant studies, reports, certificates and approvals as may be reasonably requested by the City of Erie, including but not limited to design review.

The following requirements shall be met for decommissioning:

Solar farms which have not been in active and continuous service for a period of one year shall be removed at the owner's or operator's expense.

The site shall be restored to as natural condition as possible within six months of the removal.

305.48.

Urban gardens and market gardens. Urban gardens shall be a permitted use by right on vacant lots in the R-2, R-3, and RLB districts and market gardens shall be a special exception on vacant lots in the R-2, R-3, and RLB districts, in accordance with the following regulations:

Fences for urban gardens and urban markets shall be required and in accordance with the regulations for fences in residential districts, except the following regulations shall also apply:

Fences and crops shall be required to maintain the clear sight triangle.

Fences are required to be a minimum of three feet in height.

Fences shall be required for all urban gardens and market gardens in accordance with Section 205.10 of this Ordinance.

Accessory structures associated with urban gardens and urban markets shall comply with the requirements of the following regulations:

Urban gardens are permitted to have one accessory structure not to exceed 100 square feet in size.

Market gardens are permitted to have one accessory structure based proportionally on the size of the lot. For every one acre of land, or part thereof, the accessory structure may be 100 square feet, not to exceed the maximum accessory structure size of the zoning district as outlined in Section 205.9 of this Ordinance. If under one acre, the accessory structure shall not exceed 100 square feet in size.

Accessory structures shall not exceed 15 feet in height.

Accessory structures shall be located in the rear corners of the lot, three feet from the side and rear property lines. In the case of a corner lot, the accessory structure shall be located at the intersection of the side yard property lines, three feet from said intersection.

Rain barrels are permitted for urban gardens and market gardens.

All accessory structures shall be removed in the event that the use of an urban garden or market garden ceases. This does not include nongrowing months.

Zoning Hearing Board approval. No agricultural produce and no farm stand for the sale of such products may be located on the property unless the Zoning Hearing Board determines, after public notice and public hearing, that the farm stand and sales will meet a community need without adversely affecting the neighborhood. In making this determination, the Board shall consider, among others, the following factors:

The nature of nearby uses of land with respect to their sensitivity to the activity associated with farm stand sales.

The proximity of the farm stand to one-family and two-family houses.

Traffic volumes on the street on which the subject property is located.

The availability of off-street or on-street parking to serve the farm stand use.

The proximity of other farm stands serving the immediate area.

The maintenance of a substantially unobstructed view in the setback area which shall include a clear view through the farm stand above a height of three feet.

Signs for market gardens shall not exceed four square feet in area and comply with Section 303 of this Ordinance except:

Signs are permitted to be mounted on the fence, provided that the sign does not extend into the public right-of-way.

Composting may be conducted on the premises of urban garden and market garden uses if limited to use on the subject property and if stored in a manner that controls odor, prevents infestation and minimizes runoff into waterways and onto adjacent properties. Furthermore, no process involved with urban gardens or market gardens shall produce noise, vibration, air pollution, fire hazard, or other emissions noxious or dangerous to neighboring properties.

Any land devoted to urban gardens and market gardens shall be well-maintained and shall be free of excessively tall weeds or grass. All accessory structures to an urban garden and market garden shall also be well maintained.

Urban gardens shall not be required to provide any off-street parking spaces. For the purpose of off-street parking, market gardens shall be considered manufacturing and be required to meet the off-street parking requirements for manufacturing as set forth by Section 302 of this Ordinance.

305.49.

Short-term rentals. The intent of this provision is to regulate such uses for the benefit and protection of both the property owner, residents and visitors.

All short-term rental owners/providers must provide or meet the following minimum regulations:

A short-term rental license shall be required prior to renting out a dwelling as a short-term rental. Operating a short-term rental without a short-term rental license is a violation of this Ordinance and shall subject the owner to the enforcement proceedings and penalties set forth herein.

The short-term rental license is not transferable and does not run with the property. If the ownership of the property changes, either directly by sale or deed transfer, or indirectly by death, Sheriff sale or court order, the new owner must apply for a license under the provisions of this Ordinance prior to continuing to use the property as a short-term rental.

STR accommodations shall not exceed the number of occupants allowed within the applicable zoning district.

Overnight occupancy of recreational vehicles, camper trailers and tents is prohibited.

Neither occupants nor guests are to engage in disorderly conduct or disturb the peace and quiet. Upon notification of such disturbances, the property owner is responsible for preventing a reoccurrence of such conduct.

A business contact person must be appointed, who can be the owner, property manager or agent of the owner who is available to respond to tenant and neighborhood questions, complaints, or concerns. The contact person shall have the actual authority to represent the owner of the property for emergency and nonemergency contact purposes. This person must provide a twenty-four-hour contact number and must be able to respond to any contact from a tenant with one hour following the notification. The City must be notified in writing 14 days in advance if there is a change in the identity of the contact person.

(7)

No unreasonable noise or sound that is plainly audible to an unaided human ear shall be permitted outside of the hours listed below:

Sunday	From 10:00 p.m.	To Monday 8:00 a.m.
Monday	From 10:00 p.m.	To Tuesday 8:00 a.m.
Tuesday	From 10:00 p.m.	To Wednesday 8:00 a.m.
Wednesday	From 10:00 p.m.	To Thursday 8:00 a.m.
Thursday	From 10:00 p.m.	To Friday 8:00 a.m.
Friday	From 11:59 p.m.	To Saturday 8:00 a.m.
Saturday	From 11:59 p.m.	To Sunday 8:00 a.m.

(8)

All operators must maintain a guest log book to include names of guests and dates of stay. The log must be available for inspection by City staff upon request.

(9)

All advertisements for an approved STR must clearly display the license number issued for that unit. Failure to do so is grounds for cancellation of license.

(10)

The owner of the short-term rental shall post a copy of their STR license, and a copy of the conditions set forth in a conspicuous space within the property.

(11)

Each short-term rental must have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:

Name of contact person and telephone number at which they may be reached on a twenty-four-hour basis.

The maximum number of occupants permitted to stay in the short-term rental at one time.

The maximum number of vehicles allowed to be parked on the property and the requirement that all renter/guest parking must be on the property and not on a private, community, or public right-of-way.

Proper directions for the disposal of waste.

Notice that the occupant(s) may be cited and fined for creating a disturbance or violating any other provisions within this Ordinance.

Notice that the failure to follow the occupancy and parking requirements will result in citations or fines.

Short-term rentals shall be allowed in the R-1 and R-1A districts as special exceptions in accordance with these additional regulations. In reviewing an application, the Zoning Hearing Board shall consider the following:

Adequate off-street parking and access must be provided.

A screen planting strip shall be provided adjacent to properties in R Districts.

Any outdoor lighting shall be designed to prevent glare to surrounding properties.

No outdoor loudspeakers or sound systems shall be allowed.

The Board may attach any reasonable conditions necessary to address public health, safety and welfare concerns.

[1]

Editor's Note: See 53 P.S. § 10101.

§ 306 Conditional uses - waterfront districts.

[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]

A building permit or zoning certificate for a use in the waterfront districts, Sections 204.13, 204.14 and 204.15, will be issued by the Zoning Officer only after receiving the recommendations of the Design Review Committee, Planning Commission and City Council approval. The Design Review Committee shall only meet and review projects where there is a modification to the existing structure or a new structure is proposed. City Council shall hold a public hearing subject to public notice on all such proposed developments. The development shall demonstrate compliance with Section 306, as well as Section 305, if applicable, and all other appropriate sections of this Ordinance. Building permits for accessory uses, interior alterations, and minor additions/alterations (20% or less than the total square footage of the structure) are exempt from this process. However, any expansion of preexisting uses onto other properties or outside existing leased and utilized land, whether minor in nature or not, shall be considered a new use and must be reviewed by the City Planning Commission as detailed above. However, any new development that is located on the water's edge and is required to provide "public access," as defined, will be a conditional use and must be voted on by the Erie City Council after City Planning Commission review and a public hearing, as the process for conditional uses is set forth in the Pennsylvania Municipalities Planning Code.

306.1.

Public access - waterfront districts. A free public accessway* must be regarded as an essential component of all developments in all waterfront districts. Every proposed site development that has access to the Bayfront water's edge shall show on the plans a proposed free public accessway, abutting and parallel to the water's edge. The free public accessway shall be of sufficient width to comfortably handle the expected amount of pedestrians, but shall not be less than 12 feet in width. The construction of the free public accessway shall be of such material as to be aesthetically pleasing and in harmony with the site development, and shall not consist of gravel, stone, grass or other unapproved material. When the free public accessway is abutting the water's edge, and an apparent danger exists, a safety barrier shall be installed. It shall be the responsibility of the developer and/or property owner to construct and maintain the public accessway. In addition, said developer or property owner shall assume all liability. The public accessway shall be made accessible to the handicapped. The free public accessway shall have north/south access to a City of Erie public right-of-way at maximum intervals of 760 feet. The issuance of a building permit shall be contingent upon the developer providing a performance bond in an amount equal to 110% of the cost of the proposed free public accessway.

*"Free public accessway" - A constructed passage located within a waterfront district designed for use by the general public for such activities as walking, jogging, fishing, etc., and made available for the public's use during daylight hours, and as mandated by City Council.

306.2.

Buildings or structures - waterfront districts. Buildings or structures which are part of a present or future group or complex shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established area, the design, scale, and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings.

Buildings or structures located along strips of land or on single sites and not a part of a unified multibuilding complex shall strive to achieve visual harmony with the surroundings. If they are built in undeveloped areas the three primary requirements shall be met: express honest design and construction; show proper design concepts; and be appropriate to the City of Erie.

All facades visible to public or adjacent property shall be designed to create a harmonious whole.

Harmony shall be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials, and color.

Exterior lighting may be used to illuminate a building and its grounds for safety purposes but in an aesthetic manner. Lighting is not to be used as a form of advertising in a manner that is not compatible to the neighborhood or in a manner that draws considerably more attention to the building or grounds at night than in the day. Lighting following the form of the building or part of the building will not be allowed if garish or detrimental to the environment. All fixtures used in exterior lighting are to be selected for functional and aesthetic value.

Building surfaces, walls, and roofs shall not be garish.

"Takeout" or "pickup" windows of retail or wholesale establishments shall not be located on a building facade that faces a public right-of-way, unless they are designed in such a manner as to be an aesthetic asset to the building and neighborhood.

All telephone, vending machines, or any facility dispensing merchandise or a service on private property shall be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main building.

(h)

No advertising will be allowed on any exposed amenity or facility such as benches and trash containers.

306.3.

Marine gasoline stations - waterfront districts. Marine gasoline stations, as accessory uses, must follow all criteria set forth herein.

Symbolic color of the exterior facades or roofs may not be used unless they are harmonious with the atmosphere of the neighborhood and Erie.

Exterior display or goods for sale or displays designating a service will not be allowed, except that a display of goods and tools of a service may be displayed on the pump island, and provided the goods and tools be such that they can be used or installed at the island.

Areas used to store materials shall be screened from adjacent property and from the public view.

306.4.

Exterior space - waterfront districts. The scale of exterior space is to be relative to its neighborhood, adjacent properties, buildings, access (roads and pedestrian routes) and its activity. Building facades enclosing a space must be harmonious. Where, because of their use or age, like facades are not possible, consideration should be given to unifying the walls of the space by the application of landscaping or man-made objects of like design, at modular spacing. The floor of a space is of primary importance. Its materials, texture and color, contour and shadow on it are to be considered, not only in relation to space, but to its setting. Careful consideration shall be given to the preservation of natural vistas and to the future development of vistas which open into undeveloped areas. Of importance is the bluff area. To the extent feasible, bluff views shall be preserved.

306.5.

General landscaping criteria - waterfront districts. Emphasis shall be placed upon landscaping as a means of achieving beauty in the community. It will be required on all projects, and, in some projects and areas, it will be the primary tool available.

Landscape design and planning shall be integrated with the overall area design concept and not be considered merely as an afterthought. Toward this end, proposed landscaping schemes will be evaluated as to their relationship to the existing natural landscape, developed and other proposed landscape, including those on adjacent properties and street rights-of-way and the building or buildings existing and proposed.

The existing natural landscape character shall be preserved whenever possible. (As an example of this, in an area containing a stand of trees, the developer should preserve as many of these trees as possible and further landscape in a complementary manner, rather than destroy the existing trees and replant with a type of vegetation foreign to the immediate natural environment.) Landscaping, includes not only trees and plantings, but paving, benches, fountains, exterior lighting fixtures, fences, and any other item of exterior furniture. All items of the landscape are to be selected not only for their functional value but for their aesthetic value, and must complement the whole.

One of the uses of landscaping will be to screen. The achievement of this is left to the designer, whether by walls, fences, mounds of earth, or vegetation. It must be complementary to the whole as outlined above. Screening shall be employed as outlined in parking lots and to mask from the public view such service areas as trash and garbage areas, outside equipment of unaesthetic character, and accessory buildings or areas not enhancing or in keeping with the aesthetics of the project or neighborhood. Screening of air-conditioning units and other mechanical equipment shall be accomplished in a manner that does not interfere with the proper operation and/or maintenance of such equipment.

Landscaping shall be designed in such a manner as to impart its aesthetic character when viewed from any area accessible to the public or from adjacent properties. This is to include view from high-rises and bridges.

All landscaping and plantings designated on the plans shall be installed in accordance with the specified height, spread and quality.

Grass areas may be sodded, plugged or sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. Seed, when used, shall be of a variety that will produce complete coverage within 90 days from sowing. Where other than solid sod or grass seed is used, nurse grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.

All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements.

(h)

Landscaped areas shall require protections from vehicular encroachment. Car stops shall be placed at least three feet from the edge of such landscaped areas. Where a wheel stop or curb is utilized, the paved area between the curb/wheel stop and the end of the parking space may be omitted, provided it is landscaped in addition to the required landscaping provided. Car stops shall be located so as to prevent damage to any trees, fences, shrubs or landscaping by automobiles.

(i)

Maintenance. The owner, occupant, tenant and the respective agent of each, if any, shall be jointly and severally responsible for the maintenance of all landscaping. Landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance at least equal to the original installation and shall be kept free from refuse and debris. Any dead vegetation and landscaping material shall be promptly replaced with healthy, living plantings. All landscaped areas shall be provided with an approved irrigation system or alternative.

306.6.

Parking lots and vehicular use areas - waterfront districts. Parking lots and other vehicular use areas are to be designed as an aesthetic asset to a neighborhood and to the building, group of buildings, or facility they serve. A parking lot is to be considered an outside space, a transitional space which is experienced between the access (such as roads) and the building, group of buildings or other outside spaces which it serves. The parking lot, because it is viewed from above as well as eye level, should be designed accordingly.

Parking lots, vehicular use areas, and their parked vehicles, if adjacent to a residential district, are to be effectively screened from the public view and from adjacent property and in a manner that is attractive and compatible with safety, the neighborhood, and facilities served.

The atmosphere within the parking lot and vehicular use area is to be park-like rather than the harsh hardstand of paving. Trees are of primary importance in the landscape. They are not to be minimized in either height or quantity. The tree imparts, especially in a relatively flat area, a sense of three-dimensional space. It casts shadows that reduce the monotony of the expanse of paving and creates a refuge from the sun. Signs designating entrances, exits, and regulations are to be of a tasteful design. The pavement is to be more than wall-to-wall asphalt. It is recommended that pavement be varied in texture or color designating lanes for automobile traffic, pedestrian walks and parking spaces. Bright colored pavement is to be used only with restraint. In order to create a pleasant atmosphere, it is recommended that consideration be given to sculpture, fountains, gardens, pools and benches. Design emphasis is to be given to the entrances and exits to the lot. Trash, refuse and unaesthetic storage and mechanical equipment should be screened from the parking lot.

Lighting is to be designed not only from the standpoint of safety and resistance to vandalism, but for visual effect. It should avoid any annoyance to the neighbors from brightness or glare. Low lights of a modest scale can be used along with feature lighting emphasizing plants, trees, barriers, entrances, exits. The fixtures are to be selected not only for their functional value but for their aesthetic qualities. They are to be considered furniture of the parking lot visible both day and night.

Minimum requirements for off-street parking and other vehicular use areas - waterfront districts.

All areas used for the display of parking of any and all types of vehicles, boats or heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use, hereinafter referred to as "other vehicular uses," including, but not limited to, activities of a drive-in nature such as filling stations, grocery and dairy stores, banks, restaurants, and the like, shall conform to the minimum landscaping requirements hereinafter provided.

Ten percent minimum of the gross parking area is to be devoted to living landscaping, which includes grass, ground cover, plants, shrubs and trees. The gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks, extended five feet in all directions, but is not to include any area enclosed by the building or covered by a building overhand.

Perimeter screening.

All parking lots and vehicular use areas shall be screened from all abutting properties and/or rights-of-way with a wall, fence, hedge or other durable landscape barrier. Any living barrier shall be established in a two feet minimum wide planting strip. This living barrier shall be at least 30 inches high at the time of planting and shall attain a minimum height of three feet, one year after planting. A nonliving barrier shall be a minimum of three feet high at the time of installation. In addition, one tree in each 40 lineal feet or fraction thereof shall be provided in the perimeter landscape planting area. Trees referred to in this section shall be of a species common to Pennsylvania and having an average mature spread of crown of greater than 15 feet and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the same so as to create the equivalent of a fifteen-foot crown of spread. Tree species shall be a minimum of eight feet overall height immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen 36 inches high with a maximum of one year after time of planting. The remainder of the required landscaped areas shall be landscaped with grass, ground cover, or other approved landscape treatment excluding paving. All property other than the required landscape strip lying between the right-of-way and off-street parking area or other vehicular use area shall be landscaped with at least grass or other ground cover. This shall include the off-property swale between the actual pavement of a public street or alley and the right-of-way/property line.

Appropriate provisions of this section may be waived in the following situation. Where a proposed parking area or other vehicular use area abuts an existing hedge, wall or other durable landscape barrier it may be used to satisfy the landscape barrier requirements of the subsection, provided that said existing barrier meets all applicable standards of this Ordinance and protection against vehicular encroachment is provided for hedges.

Interior landscaping - waterfront districts.

Interior areas of parking lots shall contain planter islands located so as to best relieve the expense of paving. A maximum of 12 parking spaces in a row will be permitted without a planter island.

Interior areas of vehicular use areas shall contain planter islands located so as to best relieve the expense of pavement. This section may be modified under the following circumstances:

When a strict application of this section will seriously limit the function of an area the required landscaping may be relocated with the approval of the Planning Commission.

In a manufacturing project the Planning Commission may lower the overall landscape area from 10% to 5% of the gross parking area. This reduction would apply only to the interior requirements. Perimeter minimums will not change.

Planter islands shall be a minimum of 50 square feet in area and shall contain at least one tree having a minimum clear trunk of five feet and a minimum overall height of eight feet. The remainder shall be landscaped with shrubs, lawn ground cover or other approved material not to exceed three feet.

Existing plant material. In instances where healthy plant material exists on a site prior to its development, the above-mentioned standards may be adjusted to allow credit for such plant material. Such an adjustment is in keeping with and will preserve the intent of the Ordinance.

306.7.

Other required permits - waterfront districts.

Any proposed development located within the waterfront districts shall secure all necessary permits from various governmental agencies (U.S. Army Corps of Engineers, PA Department of Environmental Protection, Environmental Protection Agency, etc.) prior to conditional use approval.

A general environmental assessment of the entire Bayfront is to be done by the United States Army Corps of Engineers or the United States Environmental Protection Agency for the purpose of discovering problem areas on the waterfront.

Each developer would assess his or her project for impacts on air, water and land to provide a general picture of the total development impact on the harbor, peninsula and the City shore, with all costs to be borne by each individual developer involved with the Bayfront development and that all reports shall be filed with City Council prior to final design plan approval as submitted to the City Planning Commission and City Council.

§ 307 Screening requirements.

[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]

Any commercial or manufacturing use which abuts a residential use or district shall provide screening as defined by this Ordinance. Those uses where five or more cars will be parked on-lot shall provide the City with screening plan. That plan will clearly demonstrate how the use will effectively mitigate its effect on the neighboring property and on any street it abuts. For every new commercial or manufacturing development hereinafter established in the City of Erie, one tree is to be planted along all street frontages of the property for every 30 feet of frontage. Trees are to have a minimum three inches caliper. Trees may be planted either in the right-of-way or on private property along the street frontage at the property owner's discretion.

§ 308 Planned residential development.

[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]

Purpose: The purpose of the planned residential development regulations (PRD) is to encourage the flexibility in the design and development of land in order to promote its most appropriate use; to encourage grouping of housing and a mixture of housing types in alternative patterns and in a variety of ways; to facilitate the adequate and economical provision of streets and utilities; and to preserve the natural and scenic qualities of open areas. Planned residential developments are permitted in all residential districts in the City of Erie, with the exception of the Waterfront Residential District. The specific purposes of these districts in Erie City are:

R-1 and R-1A - In these districts, the PRD is intended to facilitate the development of tracts of land for single-family dwellings in areas where topography or economics have prevented previous development.

R-2 - In the R-2 District, the PRD is intended to facilitate the redevelopment of relatively small tracts of land while at the same time promoting better design.

R-3 - In the R-3 District, the PRD has a quite different purpose. Here the intent is to allow the development of tracts of land to promote good design and allowing a mixture of housing types and densities.

308.1.

Minimum development size. In any district, no PRD may include less than 25,000 square feet of land.

308.2.

General standards. The planned residential development must meet all of the following general standards:

The planned residential development is consistent with the Comprehensive Plan and this Ordinance's statement of community development objectives.

The planned residential development is an effective and unified treatment of the development possibilities on the project site, and the development plan makes appropriate provision for the preservation of unique physical, cultural and historic resources.

The planned residential development shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

Performance bond(s) for all public improvements in the development must be posted as required in the City of Erie Subdivision Ordinance.[1]

[1]

Editor's Note: See Article 1301, Subdivision Regulations, of this Code.

Connection to the City's sanitary sewer system shall be required.

Connection to the City's public water supplies will be required.

The height for buildings in any PRD shall meet the requirements set forth in Section 205 of this Ordinance.

308.3.

Applicable districts and uses permitted. Planned residential developments may be approved in the R-2 and R-3 residential districts and may include the mixture of single-family, two-family and multifamily residential uses in a single development. In the R-1 and R-1A residential districts, PRDs may be approved for single-family dwellings only.

308.4.

Calculations of project densities. The number of dwelling units which may be constructed within the planned residential development shall be determined by dividing the gross project area by the required lot area per dwelling unit which is required in the respective zoning districts.

308.5.

Increase in density.

At the time the outline or preliminary development plan is filed, the applicant may apply for an increase in the densities permitted by the zone in which the planned residential development is to be approved by City Council, after conducting a public hearing pursuant to public notice, may authorize the developer to increase permitted densities by an amount up to 10%.

Additional increase in density may be granted by City Council up to 27%, providing:

If common open space is developed to more intense usable open space providing facilities for active outdoor recreation, such as playgrounds, playground equipment, picnic facilities, ball fields and equipment, or other similar improvements to the open space, an additional 10% increase in density may be permitted.

If Section 308.5(b)(1), above, is developed and unique indoor-outdoor buildings, to be used for recreation or other similar activities of the residents of the development, such as swimming pools, clubhouses, or other similar buildings are provided, then an additional 17% increase in density may be permitted.

308.6.

Lot size and spacing of buildings.

The location of all structures shall be as shown on final plans. The proposed location and arrangement shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood. There shall be no minimum lot size, no minimum or maximum percentage of lot coverage and no minimum lot width in the planned residential development. However, every single-family dwelling shall have access to a public street, court, walkway, or other area dedicated to public use.

PRDs in the R-3 District are encouraged to mix housing types and densities. Generally, the design shall focus multifamily units in the center of the PRD with two-family and one-family units along the periphery.

Vehicular access to dwellings by means of adequate service drives and/or emergency entrances shall be provided in all cases where dwellings do not front on a public street, or where the City deems necessary for public safety. In general, the City will expect PRDs in the R-3 District to have at least two points of access to the existing City street system, if practical. Internal streets and sidewalks shall be constructed to City standards.

However, street cartway widths may be reduced from normal City requirements if adequate off-street parking is provided at a rate of 1.5 spaces per residential unit.

308.7.

Perimeter requirements. The requirements of this section apply only to structures located in an R-3 PRD within 50 feet of the perimeter of a planned residential development. If the proposed PRD abuts single-family residences or an R-1 District, an adequate buffer area of 30 feet will be required, at least 10 feet of which will be in screen planting. If topographical or other barriers do not provide adequate privacy for existing uses adjacent to the planned residential development, the Planning Commission may require either or both of the following:

Structures located on the perimeter of the planned residential development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses, in no case less than the height of the buildings.

Structures located on the perimeter of the planned residential development must provide a twenty-foot permanent planted screen in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses.

308.8.

Common open space required.

For all PRDs the development plan will contain area(s) to be allocated for common open space which satisfy the standards governing the usability and quality of common open space that is contained in this Ordinance.

No open area may be accepted as common open space under the provisions of this Ordinance unless it meets the following standards:

The location, shape, size, and character of the common open space must be suitable for the planned residential development.

Common open space must be suitably improved for its intended use with the exception of open space containing natural features worthy of preservation may be left unimproved. The building, structures, and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.

The development schedule which is part of the development plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construction of residential dwellings in the planned residential development.

If the final development plan provides for buildings, structures, and improvements in the common open space of a value in excess of $10,000, the developer must provide a bond in the estimated amount of the improvements assuring that the buildings, structures, and improvements will be completed. The City Council shall release the bond or other assurance when the buildings, structures, or improvements have been completed according to the development plan.

308.9.

Conveyance and maintenance of common space. All land shown on the final development plan as common open space must be conveyed under one of the following options:

It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures, or improvements which have been placed on it, in which case the general public must have use of the open space.

It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned residential development. The common open space must be conveyed to the trustees subject to covenants to be approved by the City which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.

No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use.

If the common open space is not conveyed to a public agency, either one of the following methods of enforcement must be provided:

The legal right to develop the common open space for the uses not specified in the final development plan must be approved by the City.

The restrictions governing the use, improvement, and maintenance of the common open space must be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated conditions.

If the common open space is not conveyed to the City, or a public agency approved by the City, the covenants governing the use, improvement, and maintenance of the common open space shall then be enforceable by the City, and the instrument of conveyance shall so provide.

It is the purpose and intent of these regulations that the City shall have the authority and powers to require the adequate maintenance of common open space as set forth by Article VII of the Pennsylvania Municipalities Planning Code.[2]

[2]

Editor's Note: See 53 P.S. § 10701 et seq.

308.10.

Application for tentative approval of planned residential development. In order to provide an expeditious method for processing a development plan for a planned residential development under the provisions of this Ordinance, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of procedures, of a plat of subdivision as well as approval of a change in the zoning regulations otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with a planned residential development and the continuing administration thereof shall utilize the following provisions:

An application for tentative approval of the development plan for a planned residential development shall be filed by or on behalf of the landowner.

The application for tentative approval shall be filed by the landowner in such form, upon the payment of such a reasonable fee as is specified by the City. The application shall be filed with the Zoning Officer.

All planning, zoning, and subdivision matters relating to the platting, use, and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the City, shall be determined and established by the Planning Commission.

The provisions shall require only such information in the application as is reasonably necessary to disclose to the City of Erie:

The location, size, and topography of the site and the nature of the landowner's interest in the land proposed to be developed;

The density of land use to be allocated to parts of the site to be developed;

The location and size of the common open space and the form of organization proposed to own and maintain the common open space (if required);

The use and the approximate height, bulk, and location of buildings and other structures;

The proposals for water supply and the disposition of sanitary waste and stormwater;

The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings, and structures including proposed easements or grants for public utilities;

(7)

The provisions for parking of vehicles and the location and, if appropriate, width of proposed streets and public ways;

(8)

The required modifications in the municipal land use regulations otherwise applicable to the subject property;

(9)

The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources; and

(10)

In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.

The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the comprehensive plan for the development of the City.

The application for tentative approval shall be forwarded to the Planning Commission for their review and comments. The Planning Commission shall have 35 days, from the date of filing, to complete their review.

All applications for tentative approval shall be forwarded to the Erie County Department of Planning for their study and recommendations in accordance with Section 704 of the Planning Code.[3]

[3]

Editor's Note: See 53 P.S. § 10704.

308.11.

Public hearings.

Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this Ordinance, a public hearing pursuant to public notice of said application shall be held by the Planning Commission in the manner prescribed in the Pennsylvania Municipalities Planning Code. For PRDs that are accompanied by a request for an increase in density, the public hearing shall be held by City Council after receiving recommendations from the Planning Commission.

The Planning Commission or City Council may continue the hearing from time to time and, where applicable, may refer the matter back to the Planning Commission for additional review, provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

308.12.

The findings.

The Planning Commission or City Council, within 60 days following the conclusion of the public hearing provided for in this part, shall, by official written communication, to the landowner, either: 1) grant tentative approval of the development plan as submitted; 2) grant tentative approval subject to specified conditions not included in the development plan as submitted; or 3) deny tentative approval to the development plan. Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, the tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the City, notify such City Council of his refusal to accept all said conditions, in which case the City shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the governing body of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:

In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the City of Erie;

The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reason why such departures are or are not deemed to be in the public interest;

The purpose, location, and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;

The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation, and visual enjoyment;

The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and

In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.

In the event a development plan is granted tentative approval, with or without conditions, the City may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than 12 months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.

308.13.

Status of plan after tentative approval.

The official written communication provided for in this part shall be certified by the City Clerk of the City of Erie and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.

Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the City pending an application or applications for final approval, without the consent of the landowner, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the period of time specified in the official written communication granting tentative approval.

In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the governing body in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the City Clerk of the City of Erie.

308.14.

Application for final approval:

An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Zoning Officer of the City of Erie within one year of the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bond, and such other requirements as may be specified by this Ordinance, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or the part thereof, submitted for final approval, shall not be required, provided the development plan, or the part thereof submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto. The submission shall be reviewed by the Zoning Officer and the Planning Commission for compliance prior to being forwarded to the City Council. This review is to take place in 35 days.

In the event the application for final approval has been filed, together with all drawings, specifications, and other documents in support thereof, and as required by the Ordinance and the official written communication of tentative approval, by the City shall, within 45 days of such filing, grant such development plan final approval.

In the event the development plan as submitted contains variations from the development plan given tentative approval, the City may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either: 1) refile his application for final approval without the variations objected, or 2) file a written request with the approving body that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternative actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this part for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the City Council shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this Ordinance.

A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the City and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code,[4] of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of Section 513(a) and post financial security in accordance with Section 509 of the Pennsylvania Municipalities Planning Code.[5]

[4]

Editor's Note: See 53 P.S. § 10508.

[5]

Editor's Note: See 53 P.S. §§ 10513 and 10509, respectively.