The regulations set by this zoning code within each district shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land.

Property owned, leased or operated by the commonwealth of Pennsylvania, or the United States, or the City of Meadville, or any other public or governmental body or agency, shall be subject to the requirements of this zoning code as follows:

In every case where a lot or territory has become a part of the city by annexation or other legal procedure, the same shall automatically be classified as lying and being in R-Residential district until such classification shall have been changed by an amendment to the zoning code as provided by law.

Any public or semi-public uses shall be subject to the provisions of the district in which they are located, except as noted by the city's code of ordinances.

The boundaries of the districts in which the City of Meadville is divided shall be shown upon a map entitled the "Meadville Zoning Map," which is available on file for public viewing at the Meadville City Building and shown in Figure 1303.04 in this article.

Whenever there has been an amendment to the boundary of a zoning district or overlay or a reclassification of a zoning district or overlay, the zoning map shall be accordingly revised and shall be duly certified by the City of Meadville.

District boundary lines as a general rule follow lot lines, municipal boundary lines, and the centerlines of streets, highways, and alleys. Where uncertainty exists as to the boundaries of districts on the zoning map, the zoning officer shall interpret the locations of the boundaries based on the following rules:

Permitted Principal Uses. Uses of land for principal buildings, structures, and activities shall be permitted in each district in accordance with the following provisions and tables. In Table 1303.5 below, uses noted with "P" are permitted by right but may be regulated through supplemental provisions and provisions of Article 6; uses noted with "C" are permitted as conditional uses subject to approval by city council and provisions of Article 4; and uses noted with "SE" are permitted by special exception subject to approval by the zoning hearing board and provisions of Article 5. For the sole purpose of determining permissible combinations of uses within mixed-use buildings at Section 1306.05, nonresidential uses are further organized as light, moderate, and heavy uses.

Use Occupancy. All lots and buildings shall be single occupancy unless otherwise permitted in this zoning code to be mixed-use or mixed occupancy or are those uses that occur in mixed situations as a defining characteristic, such as upper-floor residential dwellings, home businesses, or campuses.

Uses Not Listed. When a use is not specifically listed below nor can be reasonably construed to be encompassed by one of the listed uses, the use is not permitted in the district except when stated otherwise elsewhere in this zoning code.

Prohibited Uses Under Land Use-Sharing Agreement. Under the land-use sharing agreement approved by resolution of city council Aug. 18, 2010, pursuant to the 2007 Central Crawford Multi-Municipal Comprehensive Plan, the following uses are expressly prohibited in the City of Meadville as they are provided for in cooperating municipalities: Mobile home parks, junkyards, mineral excavation, recreational campgrounds, outdoor commercial recreation except for golf courses and those specific to the Creekside Recreational Development Overlay, and sanitary landfills.

Minimum dimensional requirements for all lots and principal buildings are in Table 1303.06 and as follows except when stated otherwise:

In the R district, detached principal buildings of up to 20 feet in height shall maintain a minimum clear distance of 10 feet from any other principal building. In all other districts except DPH and MU-3, detached principal buildings of up to 20 feet in height shall maintain a minimum clear distance of six feet from any other principal building. For buildings above 20 feet in height and at five-foot increments of height thereafter, the minimum clear distance shall be increased by one foot, minimum side yard by one foot, and minimum rear yard by three feet.

In all districts except MU-3 and DPH, detached accessory buildings and structures shall maintain a minimum clear distance of three feet from any other building.

In the MU-3 and DPH districts, detached principal buildings shall maintain a minimum clear distance of three feet from any other building.

Whenever the minimum yard requirements and minimum clear distance requirements differ, the greater of them governs.

Purpose and authority. Authority for this section derives from 1984 Pa. Laws 164 codified at 74 Pa. Cons. Stat. § 5912 et seq., and its purpose is to create an Airport Hazard Overlay that:

The Airport Hazard Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport Hazard Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.

Establishment of Airport Zones. There are hereby created and established certain zones within the Airport Hazard Overlay section, defined in this section and illustrated on the Airport Hazard Area Map, hereby adopted as part of this section, which include:

Permit Applications. As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or manmade), in the vicinity of the airport that would result in the structure or object to be higher than 190 feet from ground level, shall first notify the Department's Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete.

If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations. No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.

Variance. Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:

Use Restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within the Airport Hazard Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Airport.

Pre-Existing Nonconforming Uses. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated, may only be reestablished consistent with the provisions herein.

Obstruction Marking and Lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the process described in Subsection (F) to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.

Violations, penalties and appeals shall be subject to Article 1310.

Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.

Severability. If any of the provisions of this section or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.

Definitions. The following definitions shall pertain to the terms as used in regard to airport hazard zoning.

Purpose. To recognize the unique character and natural resources of French Creek and to preserve and enhance the public's access to the area. It is further the intent to allow limited recreational development with reasonable standards along with the provision of facilities to minimize traffic congestion, noise, glare and pollution so as to lessen the danger to the public safety and surrounding building values.

Process. Creekside recreational development shall be deemed to be an overlay district in any zoning district that abuts French Creek, subject to special exception approval. The requirements of the Creekside Recreational Development overlay shall be additive to the requirements of the underlying zoning district(s) and in the event of a conflict, take precedence over the underlying zoning district(s).

Area of Overlay. This overlay shall include the following: the area between French Creek and Wadsworth Avenue, Spring Street, the city line, Smock Bridge and the French Creek Parkway.

Uses. Regardless of the underlying zoning designation, the following uses shall also be permitted in the Creekside recreational development overlay district, subject to special exception approval: