Municipality of Monroeville, PA Article XII Zoning Hearing Board

§ 359-132 Membership.

The Zoning Hearing Board (Board) shall consist of either three or five residents of the Municipality, who shall be appointed by Council in a manner prescribed by the Municipality's Home Rule Charter. The term of office for a three member Board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five-member Board shall be five years and shall be so fixed that the term of office of one member of a five-member Board shall expire each year. Members of the Board shall hold no other elective or appointed office of the Municipality or be an employee of the Municipality.

§ 359-133 Applicability of Municipalities Planning Code.

All provisions of the Municipalities Planning Code (MPC) (Act of 1968, P.L. 805, No. 247 as reenacted and amended),[1] as now or hereafter amended, reenacted or applied, including, but not limited to, the conduct of hearings and the making of decisions, shall be applicable to the Zoning Hearing Board. When there are conflicts or inconsistencies between this chapter and the Municipalities Planning Code (MPC), the more stringent regulations shall apply.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 359-134 Removal of members.

Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause, by a majority vote of Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

§ 359-135 Organization of Board.

A. The Board shall elect from its own membership its officers (Chairman, Vice Chairman and Secretary) who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the applicant as provided in § 359-137;

B. The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the municipality and laws of the Commonwealth of Pennsylvania. The Board shall keep full public records of its business, in which records shall be the property of the municipality, and shall submit a report of its activities to Council as requested by Council; and

C. The Board shall promptly notify Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office in the Municipality nor shall any member be an employee of the Municipality.

§ 359-136 Expenditures for services.

Within the limits of funds appropriated by Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of Council.

§ 359-137 Hearings.

The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:

A. Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as Council shall designate by ordinance and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing;

B. Council may prescribe reasonable fees with respect to hearings before the Board. Fees for said hearings may include compensation for the secretary and members of the Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Board, expenses for engineering, architectural or other technical consultants or expert witness costs;

C. The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's administratively complete application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and Municipality, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal;

D. The hearings shall be conducted by the Board, or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings, shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Municipality, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final;

E. The parties to the hearing shall be the Municipality, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose;

F. The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties;

G. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues;

H. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded;

I. The Zoning Hearing Board or the hearing officer shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof; and

J. The Zoning Hearing Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

§ 359-138 Zoning Hearing Board decisions.

A. The Zoning Hearing Board or the hearing officer shall render a written decision, or when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons, therefore. Conclusions based on any provisions of the MPC, or of any Municipal ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Zoning Hearing Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the decision of the hearing officer. Except for challenges filed under Section 916.1 of the MPC,[1] where the Board fails to render the decision within the period required by this subsection or fails-to commence, conduct or complete the required hearing within 60 days from the date of the applicant's request for hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 359-137A. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction;

[1] Editor's Note: See 53 P.S. § 10916.1.

B. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date of issue. To all other persons who have filed their name and address with the Zoning Hearing Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

§ 359-139 Jurisdiction.

The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:

A. Substantive challenges to the validity of any land use ordinance, except those challenges brought before Council pursuant to Sections 609.1 and 916.1(a)(2) of the MPC;[1]

[1] Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2).

B. Appeals from the determination by the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefore, the issuance of any cease-and-desist order, enforcement notice or the registration or refusal to register any nonconforming use, structure or lot;

C. Appeals from a determination by the Municipal Engineer or Zoning Officer, with reference to the administration of Article IV, Overlay Districts;

D. Applications for variances from the terms of this chapter, pursuant to § 139-140;

E. Appeals from the Zoning Officer's preliminary opinion determination as authorized by Section 916.2 of the MPC;[2]

[2] Editor's Note: See 53 P.S. § 10916.2.

F. Applications for special exceptions under this chapter, pursuant to § 139-142; and

G. Applications for the enlargement or expansion of a legally existing nonconforming structure or use.

§ 359-140 Variances.

A. Application. The Zoning Hearing Board shall hear requests for variances where it is alleged that the strict application of the provisions of this chapter inflicts unnecessary hardship upon the applicant. Application for a variance shall be made in writing on the prescribed form obtained from the Zoning Officer. The Zoning Officer shall forward the application to the Zoning Hearing Board, which shall determine a time and place of the hearing;

B. Use variances. "Use variance" shall mean the authorization by the Zoning Hearing Board for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulations. A use variance is approved subject to specific plans, terms and conditions. Modification of such plans, terms and conditions shall require approval by the Zoning Hearing Board. The Zoning Hearing Board shall have the authority to grant use variances to restore structures damaged or destroyed or establish a use of greater intensity;

C. Area variances. "Area variance" shall mean the authorization by the Zoning Hearing Board for the use of land in a manner that is not permitted by regulations of this chapter related to:

(1) A dimension, such as size, height and setbacks;

(2) Physical requirements of this chapter;

(3) The expansion, structural alteration or enlargement of a legally existing nonconforming use;

(4) The waiver of the additional requirements for specified uses for permitted uses; and

(5) Any design standard.

D. Standards for variances. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:

(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by provisions of this chapter in the neighborhood or district in which the property is located;

(2) That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that authorization of a variance is therefore necessary to enable the reasonable use of property;

(3) That such unnecessary hardship has not been created by the applicant;

(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare; and

(5) That the variance, if authorized, will represent the minimum variance, which would afford relief and represent the least modification possible of the regulation in issue;

(6) In granting any variance, the Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of the MPC and this chapter.

§ 359-141 Appeal of Zoning Officer's determination.

Appeals arising from the Zoning Officer's determination on a specific provision of this chapter shall be handled in the same manner as a variance request.

§ 359-142 Special exceptions.

A. For granting of a use by special exception, the applicant shall file a written request with the Zoning Officer on forms prescribed by the Municipality, along with all plans, texts and reports, which may be necessary to explain the proposed development and its conformance to the standards and criteria of this chapter. The request shall be accompanied by a fee specified by Council;

B. Where Council, in this chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria enumerated herein. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of the MPC and this chapter:

(1) The use will not endanger the public health, safety or welfare if located where proposed and will not deteriorate the environment or generate nuisance conditions;

(2) The use can be accommodated on the site with no variances required;

(3) The use is compatible with or will support the uses in the neighborhood of the site;

(4) The use does not require extensive earth moving or revision of drainage patterns or create substantial increase in stormwater flow;

(5) The use will not create excessive traffic congestion and adequate off-street parking shall be provided on the same property as the use;

(6) Areas of the property not covered by buildings or impervious surface, shall be landscaped and maintained;

(7) In considering applications for special exceptions and variances in floodplain districts the Board shall give due consideration to the danger to life and property due to increased flood heights or velocities caused by encroachment. No special exception or variance shall be granted for any proposed use, development, or activity within the floodway that will cause any increase in flood levels during the 100-year flood;

(8) The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and of the MPC.

C. Following the grant of a special exception, the use shall be established within one year of the approval date or the special exception approval shall automatically lapse. In addition to the general criteria in § 139-142B, the following specific criteria shall be met for the following specific uses:

(1) Apiaries shall be an accessory structure, subject to the following provisions:

(a) Apiaries may be located within all zoning districts;

(b) No beekeeper may own or maintain an apiary within the Municipality without first registering all apiaries with the Pennsylvania Department of Agriculture, Bureau of Plant Industry, as required by the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as amended;

(c) No beekeeper may own or maintain an apiary within the Municipality without first providing proof of a Beekeeping 101 courses or equivalent taught by a county beekeeping organization, master beekeeper, university or farm/business associated with beekeeping;

(d) A beekeeper owning or maintaining an apiary in the Municipality shall submit a signed copy of the Department's best management practices related to the keeping of honeybees along with their application. The agreement must also be on file with the Department in Harrisburg. A beekeeper owning or maintaining an apiary in the Municipality shall promptly notify the Municipality Zoning Officer without unnecessary delay, and in no event longer than 48 hours, if the Department revokes said beekeeper's best management certification;

(e) Non-property-owners that wish to own or maintain an apiary on property that the non-property-owner is renting must include written permission from the property owner or landlord that explicitly indicates that the non-property-owner has permission to own or maintain an apiary on the subject property. Such written permission shall be supplied to the Municipality as part of the annual bee keeping permit application;

(f) The maximum number of honeybee hives for properties with a minimum of 7,500 square feet of lot area; a beekeeper is permitted to keep four hives. For every additional 2,000 square feet of lot area, the beekeeper is permitted two additional hives;

(g) No beekeeper shall keep or maintain bees in any hive other than a modern movable frame hive which permits thorough examination of every comb to determine the presence of bee disease;

(h) Hives shall not be located within 20 feet of any side or rear property line;

(i) Hives shall not be located within a front yard;

(j) Hives shall not be located within 50 feet of a swimming pool or permanently kenneled animal;

(k) Hive entrances shall face away from neighboring property and in such a direction that bees fly across the beekeeper's property at sufficient distance to gain a height of at least six feet at the property line. The use of barriers may be employed to redirect the bees' flight pathway and establish bee flight pathways above six feet. Should the flight path not be able to be obtained as described above, then a "flyway barrier" shall be placed at least four feet in height, shall be placed along the side of the hive(s) that contains the entrance to the hive(s), shall be located within five feet of the hive(s), and shall extend at least two feet on either side of the hive(s). A "flyway barrier" shall consist of a fence, permanent vegetation, hedge, or combination thereof that provides for suitable flight path of bees as described above. No flyway is required for hives that are located on porches or balconies at least 10 feet above grade, except where such porch or balcony is located less than five feet from a property line; and

(l) All beekeepers in the Municipality shall ensure that a convenient source of fresh water is available to the bees from April 1 through November 1 each year and is located closer to the apiary than any other water source.

(2) Bed-and-breakfast. A bed-and-breakfast operation may be approved under the provisions of this chapter if, and only if, it is found to meet the following criteria:

(a) The structure shall be owner occupied, and the bed-and-breakfast must be accessory and clearly secondary to the use of the home as a residential dwelling and must satisfy the following requirements:

[1] The bed-and-breakfast shall be operated by the owner residing permanently in the residential structure;

[2] The minimum lot area required shall be 10,000 square feet;

[3] Guest shall be accommodated for no longer than seven consecutive days;

[4] No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests;

[5] No more than three sleeping rooms may be used for such purposes;

[6] No alteration to the exterior of the residential dwelling, accessory structure, or yard that alters the residential character of the premises is permissible;

[7] No more than two guests shall be permitted to a room;

[8] The bed-and-breakfast establishment shall obtain and maintain licenses from the applicable state and county agencies;

[9] An annual permit and fee from the Municipality shall be required for the inspection of the bed-and-breakfast establishment to ensure compliance with all building and fire codes;

[10] Sufficient off-street parking shall be provided in addition to that required by this chapter for single-family residences for residential purposes, at the rate of one space per double-occupied room;

[11] The bed-and-breakfast shall not generate pedestrian or vehicular traffic beyond that normally generated by homes in the residential neighborhood;

[12] The home shall not be used by the public or paying guests for the hosting of receptions, private parties or the like; and

[13] Signage shall be limited to one nonilluminated wall-mounted sign not to exceed 1 1/2 square feet in area.

(3) Carport.

(a) The proposed carport is not to be located within any required yard setback;

(b) Not more than one story or 14 feet in height and 24 feet in length;

(c) Entirely open on at least three sides, except for the necessary supporting columns and customary architectural features;

(d) Temporary carports are not permitted. All carports must meet Pennsylvania Uniform Construction Code (PA UCC) requirements.

(e) The carport will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that district; and

(f) Any illumination or drainage shall be contained on-site and directed away from abutting properties.

(4) Chickens (fowl management, to include, but not limited to, peacocks, peahens, guinea hens, ducks, geese).

(a) The raising of fowl shall be permitted, provided that:

[1] A permit application is obtained from the Department of Community Development. A preconstruction inspection is required to be conducted by the zoning officer prior to the issuance of a permit to house chickens.

[2] A permit may be revoked for failure to comply with provisions of this section and once revoked, shall not be reissued;

(b) A chicken run and or coop shall be defined as an accessory structure, subject to the following provisions:

[1] One coop and or chicken run shall be permitted in the rear yard of a residence in the R-1, R-2 or S Zoning Districts. Applications will not be accepted for commercial, industrial or multifamily zoning districts;

[2] Chicken coops shall be constructed in a workmanlike manner, be moisture resistant and either raised off the ground or placed on a hard surface such as concrete, patio block, stone or gravel;

[3] Chicken coops and runs shall be constructed so they will not have standing water;

[4] Coops shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Openings, windows, and vents must be covered with vermin, predator and birdproof wire of one-half-inch hardware cloth;

[5] Materials used for making a coop shall be uniform for each element of the enclosure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or opening are constructed using the same materials. The use of scrap, waste board, or similar material is prohibited;

[6] The chicken run shall be adequately fenced to contain the chickens on the property and to prevent predators from gaining access to the chicken run. The chicken run must have a wire roof to prevent the chickens from flying out of the run, or all chickens must have their wings clipped;

[7] Coops and chicken runs must reasonably prevent the chickens from running at large. Chickens will be considered running at large within the meaning of this section when off the owner's premises;

[8] Chicken coops and runs together shall be large enough to provide at least 16 square feet per chicken. Fence enclosure space can be added to the coop space to add to the minimum number of square feet. Coops or runs cannot be taller than 10 feet or exceed 64 square feet in size;

[9] Chicken coops and runs shall not be closer than 25 feet to any residential structure on an adjacent lot. Enclosures shall not be located in the front yard area;

[10] Chickens may be kept and used only for personal, family and household use. No person shall sell chicken eggs; engage in chicken breeding or fertilizer production for commercial purpose;

[11] No property owner shall be permitted to have more than four chickens at any one time on a lot area. Each chicken shall be the age of one month or older;

[12] No property owner shall keep any ducks, geese, peacocks, or peahens or other type of fowl or bird that may be inclined to make loud, raucous noises within 1,000 feet of any occupied residential building other than the residence of the owner of such fowl; and

[13] Non-property-owners that wish to construct and maintain a chicken run or coop on property that the non-property-owner is renting must include written permission from the property owner or landlord that explicitly indicates that the non-property-owner has permission to construct and maintain a chicken run and or coop on the subject property. Such written permission shall be supplied to the Municipality as part of the permit application process;

(c) Care of chickens:

[1] Chickens shall be provided with shelter, fresh water at all times and adequate amounts of feed;

[2] Chickens shall be provided with a sanitary and adequately sized covered enclosure or coop and shall be kept in the enclosure or a sanitary, adequately sized, and fenced enclosure at all times. Chicken coops and enclosures may not be single-family residential structures or garages;

[3] Coops and chicken runs shall be kept in good repair and must be capable of being maintained in a clean and sanitary condition, free of vermin and obnoxious odors;

[4] Waste storing and removal. Every keeper of any chicken shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that when closed shall be ratproof and flytight, and after every such collection shall cause such container or receptacle to be kept closed. At least once a week, every such keeper shall cause all litter and droppings so collected to be disposed of in such manner as not to permit the presence of fly larvae. Coops and outside runs shall be cleaned of hen droppings, uneaten feed, feathers and other waste;

[5] Composting. It shall be unlawful for any person to spread or cause to be spread or deposited upon any ground or premises within the Municipality any chicken manure. However, chicken manure may be composted in an approved, enclosed container on the property where chickens are housed and the composted material then applied to gardens and yards;

[6] Chickens shall not cause any nuisance, unhealthy condition, public health threat or otherwise interfere with the normal use of property; and

[7] Unusual illness or death of chickens shall be reported to the Allegheny County Health Department.

(d) Inspections:

[1] The Municipal Zoning/Code Enforcement Officer or Animal Control Officer shall have free access, ingress, and egress to and from any coop, public or private, in which fowl are kept. No person shall deny any such access, hinder, or resist an inspection.

(e) Prohibitions:

[1] Roosters are prohibited;

[2] Slaughtering of fowl is prohibited.

(5) Dependent dwelling.

(a) Dependent dwellings shall not be located on lots of less than 7,200 square feet;

(b) Dependent dwellings shall only be permitted as an accessory structure;

(c) The structure is not to be placed within any front yard;

(d) Dependent dwellings shall be limited to two stories or 25 feet;

(e) Each story is limited to 625 square feet, but not less than 400 square feet;

(f) Dependent dwellings shall contain no more than one bedroom;

(g) Dependent dwellings may be erected within the required side or rear yards, provided that such an accessory structure is not located closer than 20 feet to the rear lot line or 10 feet to the side lot line; and

(h) If a dependent dwelling is attached to the principal structure, then it shall be considered part of the principal structure and shall be subject to all requirements relating to the principal structure. Detached accessory structures shall maintain a separation of at least 10 feet from the principal structure.

(6) Enlargement or expansion of a nonconforming structure. An enlargement or expansion of a nonconforming structure may be approved under the provisions of this chapter if, and only if, it complies with § 359-127.

(7) Enlargement or expansion of a nonconforming use. An enlargement or expansion of a nonconforming use may be approved under the provisions of this chapter if, and only if, it complies with § 359-128.

(8) Ham radio.

(a) A ham radio antenna shall only be permitted as an accessory structure to a single-family residential structure or an agricultural operation in the R-1 or R-2 Districts;

(b) The height of any antenna or the combined height of an antenna and antenna structure shall not exceed a maximum height of 35 feet including any extension. If an antenna is installed on the roof of the building, the height of the antenna shall be inclusive of the building height;

(c) Antennas and their support structures are limited to side and rear yards;

(d) A maximum of one amateur HAM radio antenna may be permitted on each building site;

(e) Antennas must be a distance from the property line that is equal to 1 1/2 times its height;

(f) No signs or lights shall be mounted on an antenna and their supporting structures except for any warning signs required by the Uniform Construction Code or other applicable governmental agencies;

(g) All antennas and their supporting structures shall be maintained in good condition including repainting when necessary; and

(h) The use of highly reflective material shall be prohibited.

(9) Home occupation, no impact.

(a) No-impact home-based businesses shall satisfy the following requirements:

[1] The business activity shall be compatible with the residential use of the property and surrounding residential uses;

[2] Applicant shall obtain a business license through the Monroeville Tax Office;

[3] The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure;

[4] The business shall employ no employees other than family members residing in the dwelling;

[5] There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature;

[6] There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights;

[7] Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article IX for the specific use in addition to the spaces required for the dwelling;

[8] There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than one square foot in surface area containing only the name of the resident and the nature of the home occupation, which may be attached to the wall of the dwelling or to the mailbox;

[9] The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood;

[10] The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood;

[11] The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood;

[12] The business activity shall be conducted only within the dwelling unit and may not occupy more than 25% of the habitable floor area;

[13] In the R-1, R-2, R-3 and R-4 Districts, the home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises;

[14] The business may not involve any illegal activity;

[15] The business activity must be conducted within the principal structure. In the R-1, R-2, R-3 and R-4 Districts, the home occupation shall be carried on wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure;

[16] There shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building;

(b) The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including but not limited to:

[1] Beauty shops or barbershops containing more than two chairs.

[2] Blacksmith or metal working.

[3] Boarding stables.

[4] Clinics, hospitals or nursing homes.

[5] Funeral homes.

[6] Group care facility, personal care boarding home or transitional dwelling.

[7] Kennels, veterinary offices and clinics.

[8] Private clubs.

[9] Private instruction to more than five students at a time.

[10] Restaurants or tea rooms.

[11] Retail or wholesale sales; flea markets.

[12] Tanning or massage salon.

[13] Tourist or boarding home, other than bed-and-breakfast.

[14] Vehicle or equipment rental, repair or sales; vehicle repair garages.

(c) The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

[1] Artist, photographer or handicrafts studio.

[2] Catering off the premises.

[3] Child day care, up to and including three children.

[4] Contracting business, excluding on-site storage of equipment.

[5] Computer programmer, data processor, writer.

[6] Consultant, clergy, counselor, bookkeeping, graphics or drafting services.

[7] Dressmaker, tailor.

[8] Professional offices which involve routine visitation by customers or clients.

[9] Housekeeping or custodial services.

[10] Interior designer.

[11] Jewelry and/or watch repair, not including wholesale or retail sales.

[12] Lawn mower and small engine repair in the S, Conservancy District only.

[13] Locksmith.

[14] Mail order business.

[15] Manufacturer's representative.

[16] Repair of small household appliances that can be hand carried, in the S, Conservancy District only.

[17] Telemarketing.

[18] Travel agent.

[19] Tutoring or any other instruction to no more than five students at any one time.

[20] Word processing, typing, secretarial services.

[21] The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this section.

(10) Kennel.

(a) A minimum of 100 feet from all property lines shall be required for all outdoor pens, recreational areas, stalls or runways and such area shall be secured by a minimum six-foot-high, opaque fence with a self-latching gate(s);

(b) Outdoor animal runs may be provided for use between 8:00 a.m. and 8:00 p.m., provided the runs are at least 100 feet from any residential dwelling and provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking;

(c) When all bordering activities are housed in a completely enclosed structure, the required setback may be reduced to a minimum of 100 feet from all property lines;

(d) When the kennel is adjacent to residential zoning districts, the kennel shall be soundproofed to minimize noise impact on the adjacent properties;

(e) Outbuildings, including those for storage of manure, odor or dust producing substance shall be located at least 200 feet from all property lines;

(f) All mechanical equipment shall be screened from the view of adjoining properties;

(g) All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen;

(h) At no time shall the animals run at large within the property, other than in a completely enclosed area;

(i) If the kennel is operated in conjunction with a single-family use in the S, Conservancy zoning district, the parking requirements for the single-family residential use must be met, (see Table 359-115);

(j) A kennel is not a no-impact home-based business; and

(k) A kennel must be licensed by all appropriate governmental agencies. Said valid license and all appropriate documentation shall be submitted to the Municipality prior to the issuance of the occupancy certificate.

(11) Restaurant.

(a) A traffic impact study shall be required;

(b) No less than 75% of the floor area to which the customer has access shall be devoted to sit-down dining tables;

(c) The business shall operate as a bona-fide restaurant at all times, i.e., it is required to serve a full menu during all hours of operation;

(d) The restaurant use shall not cause any potential disruption or nuisance to surrounding uses or have a detrimental effect on surrounding property values;

(e) There shall be no disruption to the surrounding business neighborhood;

(f) The main structure, which contains the restaurant, shall have all approvals required by the Municipality;

(g) The business shall comply with all applicable governmental regulations and laws;

(h) All mechanical equipment shall be screened from the view of adjoining properties;

(i) All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen;

(j) When alcoholic beverages are served in the outdoor dining area, access must be provided exclusively internally through the establishment; and

(k) The restaurant use shall not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

(12) Retail sales/store.

(a) The retail use shall be limited to 2,000 square feet and maximum height of 20 feet.

(b) Parking shall be provided according to the parking requirements of Article IX;

(c) The retail use shall not be located closer that 20 to the property line of a residential use;

(d) The retail use shall not operate before 7:00 a.m. or after 9:00 p.m.;

(e) Any outdoor waste area/dumpster area shall be screened by a solid fence not less than six feet in height;

(f) The retail use shall have a continuous vegetative buffer comprised of evergreen plants of a height not less than six feet when abutting a residential use;

(g) The street-level facade shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60% of the horizontal length of the building facade;

(h) Upper story windows of front facades shall not be boarded or covered;

(i) Blank walls shall not be permitted along any exterior wall facing a street, parking area, or walking area. Walls or portions of walls where windows have not been provided shall have architectural treatments that are similar to the front facade, including materials, colors, and details;

(j) Building types shall be compatible to the historic architecture of the area in their massing and external treatment;

(k) Buildings shall attempt to maintain the horizontal rhythm adjacent facades by using a similar alignment of windows, floor spacing, cornices, awnings as well as other elements. This rhythm shall be achieved by aligning the top, middle, and base floors;

(l) All primary structures shall provide a prominent and highly visible street level doorway or entrance on the facade of the building;

(m) Continuous pedestrian sidewalks shall be provided along the main facade of building;

(n) No facilities, equipment or materials which are dangerous or incompatible with the residential environment on the property shall be used;

(o) All mechanical equipment shall be screened from the view of adjoining properties;

(p) All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen;

(q) The retail use shall not involve the storage of supplies, equipment, raw material or residue material outside of the structure or in any shed or outbuilding on the property; and

(r) The retail use shall not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

(13) Short-term rental.

(a) No more than one short-term rental unit may be located in a structure, and a short-term rental unit may not be located in a structure which also contains one or more dwelling units;

(b) Short-term rental units shall be, at a minimum, 1,500 feet away from other short-term rental units, unless otherwise approved by the planning commission;

(c) All mechanical equipment shall be screened from the view of adjoining properties;

(d) All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen;

(e) An annual permit and fee from the Municipality shall be required for the inspection of the short-term rental establishment to ensure compliance with all building and fire codes;

(f) The short-term rental unit shall provide a minimum of one parking space per bedroom of the dwelling unit;

(g) The owner of the short-term rental shall demonstrate that the proposed short-term rental unit contains or meets all of the following:

[1] Smoke detector in each bedroom.

[2] Smoke detector outside each bedroom in the common hallway.

[3] Smoke detector on each floor.

[4] GFI outlet required if outlet located within six feet of water source (all sinks, sump pumps, etc.).

[5] Aluminum or metal exhaust from dryer (if a dryer is provided).

[6] Carbon monoxide detector if open flame furnace or gas fireplace.

[7] Carbon monoxide detector if garage is attached.

[8] Fire extinguisher in kitchen.

[9] Stairs (indoor and outdoor) in good condition.

[10] Covers on all outlets.

[11] If not served by a municipal water supply, the owner shall provide proof that a portable water supply is available for the unit.

[12] If not served by a public sewer system, evidence that the sewer system is adequate to serve the maximum number of occupants of the short-term rental unit.

[13] Fully functioning bathing and toilet facilities.

[14] Fully functioning kitchen (if one has been installed).

[15] The Pennsylvania Uniform Construction Code as adopted by the township.

(h) The owner of the short-term rental shall prepare and present to the Zoning Hearing Board a notice which shall be prominently and continuously posted at the short-term rental unit which shall contain all of the following information:

[1] The name of the local contact person or owner of the short-term rental unit;

[2] The 911 address of the property;

[3] The maximum number of occupants permitted to stay in the short-term rental unit;

[4] The maximum number of all vehicles allowed to be parked on the property and the requirement that parking is not permitted in any public road right-of-way unless such designated right-of-way is not parking restricted;

[5] Notification that trash and refuse shall not be left or stored on the exterior of the property except in secure, watertight metal or plastic cans or similar containers designed for such storage with a limit of secured containers;

[6] Notification that an occupant may be cited and fined for creating a disturbance or for violating other provisions of applicable township ordinances.

(14) Sign, directional (off-premises). An off-premises directional sign, directing vehicular and pedestrian traffic to a major shopping center, hospital, college or industrial facility may be located at or near the intersection of public streets as a special exception approved by the Zoning Hearing Board if:

(a) Such sign(s) shall be limited to places of worship and those businesses having 50 or more on-premises employees or groups of three or more businesses having a common identification such as a college, hospital, industrial facility or shopping center;

(b) Such sign(s) shall be no greater than four feet in width by eight inches in height and shall have white letters on a blue background;

(c) No more than one set of posts shall be installed on any approach to an intersection, and no more than six directional signs shall be attached to each set of posts;

(d) Appropriate permits from state, county or municipal authorities having roadway jurisdiction shall be obtained prior to the issuance of a municipal sign permit; and

(e) Such signs located within any municipal right-of-way may be maintained or removed without compensation to the beneficial user by the Municipality of Monroeville.

(15) Studio.

(a) The retail use shall be limited to 2,000 square feet and maximum height of 25 feet;

(b) Parking shall be provided according to the parking requirements of Article IX;

(c) The studio use shall not be located closer that 20 to the property line of a residential use;

(d) The studio use shall have a continuous vegetative buffer comprised of evergreen plants of a height not less than six feet when abutting a residential use;

(e) The studio use shall not operate before 9:00 a.m. or after 9:00 p.m.;

(f) Number of patrons shall be limited to eight;

(g) Entrances to first floor shall provide a prominent and highly visible street level doorway or entrance on the facade of the building;

(h) Applicant shall obtain a business license through the Monroeville Tax Office;

(i) No facilities, equipment or materials which are dangerous or incompatible with the residential environment on the property shall be used;

(j) Nude models shall not be visible from outside of the building;

(k) All mechanical equipment shall be screened from the view of adjoining properties;

(l) All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen;

(m) The studio use shall not involve the storage of supplies, equipment, raw material or residue material outside of the structure or in any shed or outbuilding on the property; and

(n) The studio use shall not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

(16) Temporary banner, sign or event display. A temporary banner, sign or event display may be approved under the provisions of this chapter if, and only if, it is found to meet the following criteria:

(a) All temporary banners, signs and event displays shall comply with §§ 359-121D, OO, and PP;

(b) Any Municipality of Monroeville civic or community organization may erect a temporary sign within the Municipality; however, said organization must file an application with the Municipality, except that said organization shall be exempt from the payment of the temporary sign fee.

(17) Temporary structure or trailer:

(a) Temporary structures and trailers used in conjunction with construction work may be permitted only during the period that the construction work is in progress. Permits for other temporary structures and trailers may be issued for sixty-day periods, but such permits shall not be renewed except as a special exception when approved by the Board; and

(b) Permits for temporary structures and uses may be issued for no more than 30 days in residentially zoned districts and 60 days for all other zoning districts. No more than two permits shall be issued in a calendar year and in no event shall a permit be issued for consecutive periods as applicable.

(18) Windmill (wind energy facility):

(a) The minimum lot area for a windmill shall be one acre;

(b) Only one windmill shall be permitted per lot;

(c) A windmill shall only be permitted as an accessory structure to a single-family residential structure or an agricultural operation in the R-1 or R-2 Districts;

(d) The applicant shall demonstrate that it has received all necessary federal, state and county licenses, permits and approvals to operate the windmill;

(e) The design of the windmill shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufactures from Underwriters Laboratories, Debt Norske VERITAS, Germanishcer Lloyd Wind Energies, and or other similar certifying organizations;

(f) The windmill shall comply with the state Uniform Construction Code;

(g) A windmill shall not be climbable up to 15 feet above ground level. A windmill shall be fitted with any anticlimbing devices recommended by the windmill manufacture for the type of the installation proposed. All access doors to the windmill and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons;

(h) The maximum structure height of a windmill shall be 35 feet;

(i) No signs or lights shall be mounted on a windmill except for any warning signs required by the Uniform Construction Code or other applicable governmental agencies;

(j) All equipment buildings shall comply with the yard, setback, height or other requirements and restrictions applicable to a principal structure located in the same zoning district; and

(k) If a windmill remains unused for a period of 12 consecutive months, then the landowner shall, at his or her expense, dismantle and remove the subject windmill within six months of the expiration of such twelve-month period. The landowner shall also comply with the following requirements;

[1] The landowner shall remove the windmill and related buildings, cabling, electrical/mechanical equipment, foundations to a depth of 36 inches and other associated facilities;

[2] Disturbed earth shall be graded and reseeded; and

[3] If the landowner of the windmill fails to remove the subject windmill and reclaim the site as required by this section, then the Municipality may remove or cause the removal of the subject windmill and reclamation of the site. Any removal or reclamation cost incurred by the Municipality that is not recovered from the landowner of the windmill shall become a lien on the property where the removal or reclamation takes place and may be collected from the owner of the subject property in the same manner as property taxes.

§ 359-143 Parties appellant before Board (appeals).

Appeals under § 359-139A, B, C, D, E and G may be filed with the Board, in writing, by the landowner affected, by any officer or agency of the Municipality or any person aggrieved. Requests for a variance under § 139-140 may be filed with the Board only by any landowner or any tenant with the permission of such landowner.

§ 359-144 Time limitations.

A. No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Municipal officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest;

B. The failure of anyone, other than the landowner, to appeal from an adverse decision on a tentative plan pursuant to the MPC or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or Zoning Map pursuant to Section 916.2 of the MPC,[1] shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative or preliminary approval; and

[1] Editor's Note: See 53 P.S. § 10916.2.

C. All appeals from the determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued, except appeals of the Zoning Officer's issuance of an enforcement notice, which shall be filed within 10 days after receipt of the enforcement notice.

§ 359-145 Stay of proceedings.

A. Upon the filing of any proceedings referred to in § 319-143, and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any other Municipal agency or body and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such a stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board;

B. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all the evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court;

C. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post bond shall be interlocutory;

D. If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.