Monaca City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 245-24 Applicability.
The provisions of this chapter shall be subject to such additions or modifications as herein provided by the following supplementary regulations.
§ 245-25 Additional dwellings prohibited.
Individual lots or subdivided parcels 10 acres or less in size shall have no building or buildings in addition to the main building on the same lot used for living purposes.
§ 245-26 Annexed areas.
For zoning purposes all areas annexed to the municipality after adoption of this chapter shall be classified R-1 Low-Density Residential until such time as is required to officially amend this chapter to include the annexed areas and classify these areas with the General Development Plan.
§ 245-27 Cellar dwellings.
No living quarters shall be placed in a basement structure or in any other room or space having less than four feet of ceiling clearance above the ground level as measured from the front to rear of the structure.
§ 245-28 Clear sight triangle requirements.
In order to prevent the creation of a traffic hazard by limiting visibility at a intersection, no structure, building, earthen bank or vegetation exceeding 3 1/2 feet in height above the finished paved area at the center of the roadway shall be allowed within the clear sight triangle, measured back 75 feet from the intersection along the center lines.
§ 245-29 Dwellings located to the rear prohibited.
No building in the rear of a main building on the same lot may be used for living purposes in any district.
§ 245-30 Dwellings on small lots.
Notwithstanding the limitations imposed by other provisions of this chapter, the Zoning Hearing Board may permit erection of a dwelling on any lot of record (in a residential district where permitted by this chapter) separately owned or under contract for sale and containing an area or width smaller than required for a single-family dwelling at the time of the effective date of this chapter. In no case shall any dwelling be permitted within five feet of a lot line in any residential district.
§ 245-31 Essential services.
Essential services, as defined in this chapter, (See § 245-2 of this chapter) shall be permitted in all districts, subject to restrictions approved by the Planning Commission with respect to use, design, yard area, setback and height.
§ 245-32 Fences or hedges. [1]
Fences, hedges or other plantings, structures or walls at street corners shall not be located so as to interfere with the clear sight triangle on corner lots. The height of such objects is restricted to 3 1/2 feet within the clear sight triangle.[2]
§ 245-33 Height exceptions.
The height regulations (see especially §§ 245-8 to 245-17 of this chapter) of this chapter shall not apply to flagpoles, church spires, belfries, domes or similar projections not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, public utility facilities, bulkheads, silos, antennas and other necessary mechanical and operational apparatus usually carried above the roof level.
§ 245-34 Height measurement.
§ 245-35 Lot area measurement.
For purposes of measuring lot area on exceptionally deep lots, only that part of the depth which is less than six times the average width of the lot may be utilized in calculations.[1]
[1]
Editor's Note: Former §§ 245-32, Off-street parking and loading, 245-33, Supplementary space requirements for off-street parking and loading, and 245-34, Reduction of parking requirements as conditional use, as renumbered, which sections immediately followed this section, were repealed 9-28-2010 by Ord. No. 918. See now Art. V, Off-Street Parking and Loading.
§ 245-36 Reduction in lot area.
Once utilized, no building site, though it may consist of one or more adjacent lots of record, shall be reduced in area so that the lot area per family, lot width, building area or other requirements of this chapter are not maintained, public utilities excepted.
§ 245-37 Setback.
Where one or more preexisting structures are located on adjacent lots within 100 feet in either direction of a proposed structure, the setback of the proposed structure shall conform with the average setbacks of the preexisting structures.
§ 245-38 Storage of commercial equipment.
Commercial equipment, including trucks (11,000 pounds gross vehicle weight or larger), tandems, tractor-trailers, tractors or other commercial or construction and cargo-moving vehicles or equipment shall not under any conditions be stored or parked overnight in any residential district. The parking of trucks, less than 11,000 pounds gross vehicle weight, shall be limited to one such truck per residential household.
§ 245-39 Outdoor storage.
[Amended 9-28-2010 by Ord. No. 918]
A.
Storage of waste.
(1)
No lot or premises in any zoning district shall be used as a storage area for one or more junk automobiles, appliances or the storage, collection or deposit of any litter or debris outside of an enclosed container, including, but not limited to, animal, vegetable, mineral or other organic garbage, waste, paper, ashes, scrap metal, household objects and effects.
(2)
All organic rubbish and discarded materials shall be placed in tight vermin-proof containers located in the side or rear yard. Containers shall be emptied at least once a week. On properties where food is served in paper containers, covered waste receptacles shall be conspicuously located on the premises for use by patrons. The management shall be responsible for maintaining the property free of litter. All nonresidential uses shall provide dumpsters or trash receptacles that are secured to keep them from moving and to protect against windblown refuse.
B.
Outdoor storage of products related to business.
(1)
In the C-C Core Commercial District, in the case of businesses that require outside storage of products or materials offered for sale, outside storage areas larger than 1,000 square feet shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge that is at least six feet in height.
(2)
In the G-I General Industrial and RBP Riverfront Business Park Districts, any materials or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or in an alternative location that screens the outdoor storage area from public view from the street or immediately adjacent property in an R-1, R-2 or R-3 District. If existing buildings do not screen the outdoor storage area from public view from the street or adjacent property in an R-1, R-2 or R-3 District, the area shall be screened by a hedge, masonry wall or opaque fence at least eight feet in height.
C.
Temporary portable storage unit(s).
(1)
A Monaca Borough temporary portable storage unit permit shall be required whenever a temporary portable storage unit is placed on private, commercial, industrial or residential property. The permit shall be valid for a maximum period of 60 days. The permit holder may, due to special circumstances, apply for an extension of the placement of a temporary portable storage unit in excess of 60 days, provided the extension request is filed prior to the expiration of the sixty-day period of the permit. The Borough, when considering the request for an extension of the allowed sixty-day period, may set conditions of approval and establish a special fee. No permit extension shall exceed 120 days.
(2)
The maximum size of any temporary portable storage unit shall not exceed eight feet in width, eight feet in height and 16 feet in length. The maximum number of placements per lot is two per calendar year for a maximum number of 60 consecutive days per placement or 120 days per calendar year, unless an extension is obtained pursuant to Subsection C(1) above.
(3)
The maximum number of temporary portable storage units that can be on a lot at one given time is one unless an exemption and approved conditions are first obtained from the Borough.
(4)
The temporary portable storage unit cannot encroach on Borough property, Borough rights-of-way, neighboring property, sidewalks or any other right-of-way, whether private or public. The unit must be sited on an asphalt, concrete, gravel or other hard surface between the front property line and the rear building line of the principal structure. The setback between the temporary portable storage unit and the side property line is 10 feet. The ten-foot side yard setback may be waived if the applicant's neighbors' consent, in writing, to a side yard setback placement that is less than 10 feet and the Code Enforcement Official confirms the neighbor's consent. The applicant may, due to special circumstances, apply for an exemption from any other placement requirements. When considering such request, the Borough may set reasonable conditions.
(5)
All temporary portable storage units shall be free of rust, peeling paint or other visible forms of deterioration and shall be painted or covered in a manner that is aesthetically consistent with nearby and surrounding structures so as not to diminish the quality of living, property values, and health, safety and welfare of residents of Monaca Borough. Temporary portable storage units shall not be used to house animals or humans.
(6)
Temporary portable storage units shall only be allowed upon application for, and the issuance of, a permit. The permit shall be displayed either on the front exterior surface of the unit in a plastic liner or in the front window of the residence or front window of the premises' principal structure. The Code Enforcement Official or designated representative shall have the discretion to grant a grace period not to exceed five days for a new first-time residential property owner or residential tenant.
(7)
Responsibilities of lessor/lessee and user. The lessor/lessee and user of the temporary portable storage unit shall be jointly responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked. Lids and doors shall be kept tightly and completely closed when not in use. No hazardous substances are permitted to be stored or kept within a portable storage unit. The area surrounding the portable storage unit shall be kept clean and free of loose debris. The lessor/lessee and user shall clearly indicate their name and contact telephone number on the temporary portable storage unit.
(8)
Any temporary portable storage unit placed on a property without the issuance of a permit or in excess of the time limit permitted for temporary placement shall be subject to the enforcement provisions of § 245-84. Both the owner of the real property and the owner of the temporary portable storage unit are subject to the requirements and sanctions set forth in this chapter.
§ 245-40 Storage of recreational vehicles.
[Amended 9-28-2010 by Ord. No. 918; 11-25-2014 by Ord. No. 939]
A. ALL-TERRAIN VEHICLE
ANIMAL TRAILER
CAMPER
ENCLOSED UTILITY TRAILER
FIFTH WHEEL TRAILER
FIFTH WHEEL UTILITY TRAILER
MOTOR HOME
OPEN UTILITY TRAILER
PERSON PICKUP TRUCK CAMPER
RECREATIONAL VEHICLES RECREATIONAL VEHICLE STORAGE RV FRONT YARD RV YARD AREA TENT TRAILER
TRAVEL TRAILER
WATERCRAFT
Definitions. Within this section and subsections, the following words shall be construed to have the following meanings, and the depictions are meant to be for illustrative purposes. Any vehicle possessing substantially similar visual and other characteristics to these depictions shall be considered to be these types of vehicles:
Any open motor vehicle, usually having one seat and three or more wheels fitted with tires and which is designed primarily for recreational use on off-road terrain.
 |
Any towable unit which typically connects to a truck or other vehicle with towing capability and which is designed and designated for transporting animals of any kind.
 |
Commonly referred to as a "van camper" or "bus camper"; any vehicle equipped with living quarters or other similar features rendering them capable of providing lodging and passenger transportation as part of a single unit, but which is not a motor home.
 |
Any enclosed, towable unit which typically connects to a truck or other vehicle with towing capability and which is designed to transport goods, equipment or other personal effects.
 |
A towable unit which typically connects to a truck or other vehicle with towing capability, directly above the rear axle, by way of a wheel hitch.
 |
Any fifth wheel trailer, whether enclosed or open, which is commonly used to transport personal effects or equipment and which is commonly not used as living quarters.
 |
A motorized, wheeled vehicle built on a bus, van or other chassis, regardless of class, usually possessing the characteristics of having self-contained living quarters with independent electrical, sewage and plumbing facilities.
 |
Any unenclosed, towable unit which typically connects to a truck or other vehicle with towing capability by means of a bumper or frame hitch and which is designed to transport personal effects or equipment.
 |
Includes any individual, firm, corporation or other entity.
A unit, or shell, which is typically mounted and carried in the bed of a truck or other similar vehicle and which is commonly used as lodging or living quarters.
 |
Hereinafter referred to as "RVs"; watercraft, travel trailers, tent trailers, fifth wheel trailers, fifth wheel utility trailers (open and enclosed), animal trailers and utility trailers (open and enclosed) utilized for storing recreational or other equipment, and all-terrain vehicles stored on trailers utilized for recreational purposes; pickup truck camper shells which have been removed from the vehicle and stored.
On-site parking of a recreational vehicle of any type in an area approved by this section and which is separate from the required off-street parking required for a single-family residence.
For the purposes of RV storage, a space extending the width of a parcel between the front property line and the front of the residence and not less than the required front setback for the zone. If the front of the residence varies relative to the front property line, the RV front yard shall follow the front of the residence, not an imaginary straight line taken from the nearest wall of the residence to the street.
Areas on a residentially zoned parcel where an RV may or may not be stored relative to the main residential building and orientation to the street.
A towable unit which typically connects to a truck or other vehicle with towing capability by means of a bumper or frame hitch and which commonly has a folding canvas or other fabric shelter which is capable of being expanded to provide camping and/or lodging facilities.
 |
A towable unit which typically connects to a truck or other vehicle with towing capability by means of a bumper or frame hitch.
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Any vehicle or craft with the capability of aiding surface or subsurface water movement, regardless of the manner in which it is propelled.
 |
B.
Zoning districts permitting RV storage.
(1)
In accordance with the regulations set forth herein, recreational vehicles may be stored on any lot zoned for residential use.
(2)
Recreational vehicles may be stored on any lot located in a multiple-family zoned district so long as there exists on said lot a single-family structure which is occupied and the storage of which RV is in accordance with the regulations set forth herein.
C.
Number of vehicles; registration and ownership requirements.
D.
Permitted storage areas.
(1)
RV front yard. RV storage on private, residential property is prohibited in the front yard area or in front of the main residence of the property unless the RV is parked on a driveway leading to a garage. RV storage within the front setback and/or in front of the main residence on driveway leading to a garage shall not encroach the sidewalk area or public right-of way.
(2)
RV storage is permitted in any other yard area so long as the RV storage:
E.
Access to storage area.
(1)
Access to any RV storage area shall be from the existing driveway.
(2)
If the only means of access to any RV storage area requires a recreational vehicle to be moved over a curb and sidewalk, the property owner shall be responsible for the maintenance, repair and/or replacement of any curb or sidewalk damaged by such use.
F.
Prohibited storage and activities.
(1)
Recreational vehicles shall not be used at any time as living quarters when stored on residential or commercial property within the Borough.
(2)
Recreational vehicle storage is not permitted on any public right-of-way.
(3)
A recreational vehicle is not permitted on property if its gross weight exceeds the weight limits of the public highways that it would need to travel on to access the owner's property.
G.
Property and vehicle maintenance.
H.
Penalties. Any person whom the Neighborhood Services Officer of the Borough of Monaca determines to be in violation of any provision of this section shall receive a written warning from the Neighborhood Services Officer. The written warning shall describe the violation, along with the time(s) and date(s) on which the violations(s) occurred, and shall set forth a date by which the violation must be remedied. Any person who, after receiving a written warning, is found to be in violation of any provision of this section, after receiving notice of a violation from the Neighborhood Services officer, shall, upon conviction, be sentenced to pay fine of up to $250. For any subsequent convictions for violations of any provision this section, such person shall be sentenced to pay a fine of not less than $250 nor more than $500. Each day a violation is found to have occurred shall constitute a separate offense.
I.
Severability. If any provision of this section or the application thereof to any person or circumstances is held invalid, such holding shall not affect the other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared severable.
§ 245-41 Swimming pools.
A.
Enclosure around in-ground swimming pools. Any new or existing in-ground swimming pool shall be completely surrounded by a secure fence, wall, portion of a building and/or similar enclosure not less than four feet in height. This enclosure shall be constructed to make it very difficult for small children to climb up or slip through the enclosure. All gates or door openings through the enclosure (other than a door to a building) shall be self-closing and shall include a self-latching device on the swimming pool side for keeping the gate or door securely closed during times when not in use.
B.
Enclosure around aboveground swimming pool. The swimming pools shall be equipped with an access ladder that can be raised and locked in a position so that it is a minimum of four feet above the surrounding ground level or otherwise completely inaccessible to children when the swimming pool is unattended.
C.
Location. A swimming pool and any deck or shelter that is elevated above the average surrounding ground level shall meet the applicable setback requirement for an accessory building. Patios around swimming pools that are level with the average surrounding ground level are not required to meet setbacks. A swimming pool is not permitted within a required front yard.
D.
Drainage. A proper method shall be provided for drainage of the water from the swimming pool that will not overload or flood any on-lot septic system or portion of a building or property not owned by the owner of the swimming pool. A swimming pool shall not be located so as to interfere with the operation of a well or on-lot septic system.
§ 245-42 Utility tap-ins.
Permission must be acquired to tap into sewer and waterlines, serving previously unserviced lots, prior to approval of the zoning permit application, except where Borough Council may deem otherwise.
§ 245-43 Yard requirements.
B.
Applicants seeking to construct patios, decks, porches, balconies or verandas will be exempt so long as they are not converted into a new room or additional dwelling through the construction of walls and/or windows.[1]
C.
Beekeeping. It shall be lawful to maintain an apiary (which is defined as a place where bees are kept or alternatively, a collection of beehives), as an accessory use in any residential district, subject to the standards in this subsection.
[Added 11-28-2023 by Ord. No. 989]
(1)
Number. The number of hives (defined as any structure in which bees are kept), authorized shall comply with the following:
(2)
Hive registration: best management practices.
(a)
All beekeepers owning or maintaining an apiary in the Borough shall register all bee apiaries with the Pennsylvania Department of Agriculture as required by the Pennsylvania Bee Law, Title 3 PA Consolidated Statutes Ann. § 2102, as amended.
(b)
All beekeepers owning or maintaining an apiary in the Borough, shall also register all apiaries with the Borough Zoning Officer.
(c)
All beekeepers owning or maintaining an apiary in the Borough shall practice those best management practices as set forth by the Pennsylvania Department of Agriculture.
(d)
It shall be unlawful to maintain or be the owner of an apiary located in the Borough without first completing the best management practices form from the Pennsylvania Department of Agriculture. A signed best management practices form must be filed with the registration with the Borough. In addition, a certificate of completion from an introductory Beekeeping 101 course (or equivalent) must be provided with the registration.
(e)
All beekeepers owning or maintaining an apiary in the Borough shall promptly notify the Borough Zoning Officer without unnecessary delay and in no event longer than 48 hours, if the Pennsylvania Department of Agriculture revokes the beekeepers apiary license.
(f)
A hive that is not occupied for a period of one year, must be removed.
(4)
Water. All beekeepers in the Borough shall ensure that a convenient source of fresh water is available to the bees from March 1 to November 1 so that the bees will not congregate at swimming pools, pet watering bowels, bird baths or other water sources where they may cause human, bird or domestic contact.
(5)
Flyway barrier:
(a)
A flyway barrier shall shield any part of a property line that is within 50 feet of a hive.
(b)
A flyway barrier, at least six feet in height, but no more than 10 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).
(c)
A flyway barrier shall consist of a solid panel, dense vegetation, or some combination thereof.
(d)
No hive shall be located closer than 10 feet from a public sidewalk.
§ 245-44 Satellite antennas.
Satellite antennas shall be permitted accessory structures in all zoning districts and shall meet the minimum setback requirements for an accessory use in the zoning district in which they are located. If there are no minimum setback requirements for an accessory use, then the minimum setback requirements for the principal use shall apply. The following regulations shall only apply within a residential district for a satellite antennae that is visible from a street or an adjacent lot line:
§ 245-45 Communications antennas.
[Added 9-28-2010 by Ord. No. 918]
All communications antennas, as defined herein, whether mounted on an approved communications tower, an existing building or public utility storage or transmission structure, shall be subject to the following:
A.
Building-mounted antennas shall not be permitted on any single-family, duplex or townhouse building. Building-mounted antennas may be erected on any garden apartment, mid-rise apartment or high-rise apartment building, any public or nonresidential building or structure or any public utility storage or transmission structure in the districts where authorized by this chapter.
B.
The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).
C.
The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.
D.
Building-mounted antennas shall be permitted to exceed the height limitations of the district in which they are located by no more than 20 feet.
E.
Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.
F.
Directional or panel antennas shall not exceed five feet in height or two feet in width.
G.
Satellite and microwave dish antennas shall not exceed six feet in diameter.
H.
The applicant proposing a building-mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.
I.
Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Borough.
J.
The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.
K.
Unless located within a secured building, the equipment cabinet or equipment building shall be enclosed by a ten-foot-high chain link security fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjoining property in an R-1, R-2 or R-3 District, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.
L.
If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided that has a minimum width of 20 feet improved with a dust-free all-weather surface for its entire length.
M.
At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.
§ 245-46 Drive-through facilities.
[Added 9-28-2010 by Ord. No. 918]
All businesses that propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:
A.
Standing spaces. In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in one lane, with a total length of 100 feet, in direct line with each service position shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.
B.
Markings and signs. Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
C.
Circulation patterns. Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
D.
Setback from residential properties. No service position or standing lane shall be located within 150 feet of any property line adjoining property in an R-1, R-2 or R-3 District.
§ 245-47 No-impact home-based business.
[Added 9-28-2010 by Ord. No. 918]
All no-impact home-based businesses, as defined herein, shall comply with the following:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity shall not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
G.
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
I.
The business shall not involve any illegal activity.
§ 245-48 Outdoor café.
[Added 9-28-2010 by Ord. No. 918]
The serving of food in an outdoor setting shall comply with all of the following requirements:
A.
An outdoor cafe shall only be permitted as an accessory use on property where a tavern or restaurant is the principal use.
B.
If located entirely on private property, the seating area shall be subject to the setbacks for accessory structures in the district in which it is located.
C.
If all or part of an outdoor cafe is proposed on a public sidewalk, the seating area shall not obstruct any sidewalk or public right-of-way nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet unobstructed width for the passage of pedestrians and in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.
D.
An outdoor cafe shall not occupy any designated parking spaces on the site.
E.
Tables and chairs shall be adequately secured or stored inside when not in use to eliminate the possibility of wind or theft hazards.
F.
Seating areas on a sidewalk may be enclosed or demarcated by a railing, fence, bollards, planters or similar structures, provided the unobstructed area required by Subsection C above is maintained.
G.
Restroom facilities for the principal use shall be available to the patrons of the outdoor cafe.
H.
No noise or odor shall emanate from the outdoor cafe that would adversely affect any adjoining property in an R-1, R-2 or R-3 District located within 300 feet of the outdoor cafe.
I.
Adequate parking for the outdoor cafe shall be provided either on the site, on the adjacent street or in a public parking lot located within 300 feet of the site.
J.
The outdoor cafe shall obtain necessary approvals from the Pennsylvania Liquor Control Board (PA LCB), if the establishment is licensed.
K.
The outdoor cafe shall maintain the necessary permits from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services.
L.
The owner of the outdoor cafe shall provide the Borough with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Borough against any liability resulting from such use.
§ 245-49 Small wind energy systems.
[Added 9-28-2010 by Ord. No. 918]
The construction and installation of a small wind energy system, as defined herein, shall be subject to compliance with all of the following criteria:
A.
A zoning permit shall be secured from the Borough Zoning Officer.
B.
A building permit shall be secured from the Borough Building Inspector.
C.
A building permit shall also be required for any physical modification to an existing small wind energy system or for the temporary installation of a meteorological (met) tower.
D.
In the C-C Core Commercial District, only a vertical axis wind turbine (VAWT) shall be permitted.
E.
A meteorological (met) tower shall be permitted as a temporary structure for a period not to exceed 18 months and shall be removed upon installation of a small wind energy system or the expiration of the eighteen-month period, whichever occurs first.
F.
Applications for approval of a small wind energy system shall contain a site plan along with the following information:
(1)
Property lines and physical dimensions of the applicant's property.
(2)
Location, dimensions and types of existing principal structures on the property.
(3)
Location of the proposed small wind energy system, foundations, guy anchors and associated equipment.
(4)
Tower foundation blueprints or drawings.
(5)
Tower blueprints or drawings.
(6)
Setback requirements as outlined in this chapter.
(7)
The right-of-way of any public road that is contiguous with the property.
(8)
Any overhead utility lines.
(9)
Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity.
(10)
Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider.
(11)
Sound level analysis prepared by the wind generator manufacturer or qualified engineer.
(13)
Evidence of compliance or nonapplicability with Federal Aviation Administration (FAA) requirements.
(14)
List of abutting property owners to the applicant's property.
(15)
Proof of liability insurance. The owner/applicant shall maintain a current general liability insurance policy covering bodily injury and property damage with limits of at least $100,000 per occurrence and $1,000,000 in the aggregate at all times during the installation and operation of the small wind energy system. Certificates shall be made available to the Borough of Monaca upon request.
G.
The application shall be reviewed by the Zoning Officer and the Building Inspector to determine compliance with this subsection as a prerequisite to issuing a zoning permit and a building permit.
H.
Appropriate warning signage regarding electrical or other hazards shall be placed on the wind turbine and electrical equipment.
I.
The small wind energy system generators and alternators shall be constructed so as to prevent the emission of radio and television signals. The applicant shall correct any signal disturbance problem identified after initiation of the operation within 90 days of identification and notice by the Borough.
J.
All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding or excessive pressure on the tower structure, rotor blades and turbine components.
K.
Setbacks.
(1)
The setback shall be calculated by multiplying the minimum setback requirement number in the following table by the system height and shall be measured from the center of the tower base to property line, public roads or nearest point on the foundation of an occupied building.
Minimum Setback Requirements | ||||
|---|---|---|---|---|
Occupied Buildings on Participating Landowner Property | Occupied Buildings on Abutting Property | Property Lines of Abutting Property and Utility Lines | Public Roads | |
0 | 1.5 | 1.1 | 1.5 | |
(2)
Guy wires used to support the tower are exempt from the small wind energy system setback requirements.
L.
Tower. The maximum tower height shall be restricted to 35 feet.
M.
Sound level. The small wind energy system shall not exceed 60 decibels using the A scale (dBA), as measured at the site property line, except during short-term events such as severe wind storms and utility outages.
N.
Shadow flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impact. Significant shadow flicker is defined as more than 30 hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.
O.
Signs. All signs including flags, streamers and decorative items, both temporary and permanent, are prohibited on the small wind energy system, except for manufacturer identification or appropriate warning signs.
Q.
Aviation. The small wind energy system shall be built to comply with all applicable Federal Aviation Administration (FAA) regulations.
R.
Visual impacts. It is inherent that small wind energy systems may pose some visual impacts due to the tower height needed to access wind resources. The purpose of this subsection is to reduce the visual impacts, without restricting the owner's access to the optimal wind resources on the property.
(1)
The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impact will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, wind generator design or appearance, buffering and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground, except when the financial costs are prohibitive.
(2)
The color of the small wind energy system shall either be the stock color from the manufacturer or painted with a nonreflective, unobtrusive color that blends in with the surrounding environment. Approved colors include, but are not limited to, white, off-white or gray.
(3)
The small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the Federal Aviation Administration (FAA) determination to establish the required markings and/or lights for the small wind energy system.
(4)
Streetlight-mounted vertical access wind turbines (VAWTs) with permission of the appropriate utility and the Borough may be mounted on streetlights along the public right-of-way at a height not to exceed 35 feet above grade. Those that are mounted on buildings may request a variance on height restrictions.
S.
Approved wind generators. The manufacturer and model of the wind generator to be used in the proposed small wind energy system must have been approved by the State of Pennsylvania, if applicable.
T.
Utility connection. If the proposed small wind energy system is to be connected to the power grid through net metering, it shall adhere to utility guidelines.
U.
Access. The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
V.
Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations and ordinances.
W.
Abandonment. At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant shall notify the Borough Building Inspector by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.
(1)
Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Building Inspector. "Physically remove" shall include, but shall not be limited to:
(2)
In the event that an applicant fails to give such notice of abandonment to the Building Inspector, the system shall be considered abandoned or discontinued if the system is out of service for a continuous twelve-month period. After the 12 months of inoperability, the Building Inspector may issue a notice of abandonment to the owner of the small wind energy system.
(3)
The owner shall have the right to respond to the notice of abandonment within 30 days from notice of receipt date. After review of the information provided by the owner, the Building Inspector shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the Building Inspector shall withdraw the notice of abandonment and notify the owner of the withdrawal.
(4)
If the owner fails to respond to the notice of abandonment or if, after review by the Building Inspector, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind generator and tower, at the owner's sole expense, within three months of receipt of the notice of abandonment. If the owner fails to physically remove the small wind energy system after the notice of abandonment procedure, the Building Inspector may pursue legal action to have the small wind energy system removed at the owner's expense.