Monroeville City Zoning Code
ARTICLE VIII
Supplemental Regulations
§ 359-88 Purpose.
The supplemental regulations regulate activities, uses, structures, conditions and treatments that may be present on a property whether or not a principal building or use is present. These restrictions are applied to mitigate impacts including noise, off-site parking, traffic, unsightliness, odors, dust and fumes. These regulations contribute to and promote the health, safety, comforts, conveniences, and/or necessities of the property's occupants, the immediate neighborhood and/or the entire community.
§ 359-89 Accessory structures and uses.
A zoning permit shall be required for every accessory structure and use. A review of the proposed land development plan as required in the Subdivision and Land Development Ordinance[1] shall be required for uses or structures accessory to principal use other than single-family homes, townhouses and two-family homes.
§ 359-90 Air conditioning systems/mechanical equipment.
A.
All building mechanical systems such as air-conditioning units, exhaust systems, satellite dishes, fire escapes, elevator housings, and other similar elements shall be integrated into the overall design and character of the building.
B.
Screening.
(1)
Mechanical equipment shall be fully screened from public streets, paths, private streets, and abutting lots;
(2)
Ground-mounted mechanical equipment shall be screened from public streets and abutting lots to a height sufficient to screen the equipment. When solid screening is used, the materials shall be compatible with the building materials;
(3)
All roof-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way, measured from a point five feet above grade; and
(4)
Roof screens, when used, shall be coordinated with the building to maintain a unified appearance.
§ 359-91 Crematory.
A.
A crematory established for cremation of human or animal remains shall be located on property not less than one acre;
B.
The crematory operator/owner shall provide the municipality with the necessary certifications to operate the crematorium and prior to issuing a building permit, a copy of the required PA DEP general permit shall be provided. The crematorium shall be operated in conformance with all local, state and federal laws;
C.
The crematory building shall be setback 50 feet from all other property lines, and shall include a twenty-five-foot vegetative buffer from all adjacent uses;
D.
Air emission standards shall not exceed the rates described in the table below Table 359-91J;
E.
All emission must also meet the requirements of the Pennsylvania Department of Environmental Protection as part of their permitting requirements;
F.
Emission control devices. An after burner or secondary chamber shall be used to achieve a minimum temperature of 1,800° F. prior to changing the unit and throughout the cremation cycle. The crematory operator/owner must install, maintain and operate additional control devices to assure that emissions standards are met. It is the responsibility of the operator/owner to demonstrate that the installation will ensure compliance with emission regulations and standards;
G.
The crematory shall be limited to operating between 7:00 a.m. to 7:00 p.m., Monday through Friday;
H.
When cremations are taking place, an operator certified to operate the crematorium shall be on-site;
I.
Necessary certifications to operate a crematory shall be provided to the municipality and shall comply with all local, state, and federal law; and
J.
Bodies shall be cremated only in wooden/crate containers, and plastic that does not create toxic emission (no halogenated plastics).
Table 359-91J - Crematory Pollutant Emissions | |||
|---|---|---|---|
Pollutant | Limit | Units | Average Period |
Particulate matter | 0.030 | Grains/dry standard cubic foot (gr/dcsf) of exhaust gases | 3 hours |
Visible emissions | 0% | Opacity | 6 minutes |
Carbon monoxide | 20 | Parts per million (ppm) | 1 hour |
Mercury | 0.050 | Milligrams per normal cubic meter (mg/Nm3) | 3 hours |
Dioxins/furans | 400 | Nanograms per body TEQDF-WHO98 | 3 hours |
§ 359-92 Drive-through establishments (i.e., financial institutions, food stores, pharmacies).
A.
A traffic impact study shall be required;
B.
Stacking/queuing space shall be provided as per the following chart:
Table 359-92B - Drive-Through Establishment Stacking/Queuing | ||
|---|---|---|
Activity Type | Minimum Stacking Spaces | Measured From |
Automated teller machine | 3 | Teller |
Bank teller lane | 4 | Teller or Window |
Gasoline pump island | 2 | Pump Island |
Pharmacy | 4 | Window |
Oil change and quick lube | 3 | Per Bay |
Other | Determined by Zoning Officer | |
D.
No pedestrian crossing of the stacking lane shall be permitted;
E.
The minimum stacking lane width shall be 10 feet per lane;
F.
A maximum of three stacking lanes are permitted, one per serving window;
G.
A minimum ten-foot-wide bypass lane shall be provided for vehicles to bypass the stacking lane(s) or to otherwise circulate through the parking lot;
H.
Stacking lanes shall not inhibit site pedestrian crossing/walkways, traffic aisles, parking spaces, or roadway rights-of-way;
I.
Provide at least 20 feet of ten-foot-wide lane after the serving window and before the nearest intersecting site pedestrian crossing/walkway, traffic aisle, parking space, or roadway right-of-way following the serving window to permit patrons the opportunity to verify they have received the correct order;
J.
A circulation plan through the drive-through lane shall be provided with turning templates to accommodate a design vehicle to the Municipality's judgement;
K.
Stacking shall not interfere with the free flow of traffic within the lot and shall not interfere with the use of any required parking spaces. Stacking shall not cause the stopping of vehicles on any public right-of-way or overflow onto adjacent properties;
L.
The vehicular entrance and approach to the drive-up window shall be clearly delineated by markings, striping and or signage;
M.
Vehicular circulation into and through the property, and the location of parking, shall be obvious to motorists via pavement markings and/or directional signs;
N.
No drive-through lane window shall be located in a front yard;
O.
The site shall front on an arterial or collector road;
P.
Drive-through establishments proposed on parcels within a planned nonresidential development shall have access only from the interior circulation system within the planned nonresidential development;
Q.
All exterior speaking/microphone systems shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties;
R.
Sufficient trash receptacles shall be provided within and outside of the primary structure to accommodate waste generated from the establishment;
S.
The site shall be designed to minimize disruptions to pedestrian traffic and to provide a safe sight distance for motorists;
T.
Areas not paved or occupied by structures shall be landscaped and maintained, in accordance with § 359-98, Landscaping, buffer yards and screening;
U.
The use of the site and the access to it shall not endanger the public health, safety and general welfare; and
V.
The use shall not create detrimental impacts on the surrounding properties, taking into consideration the probably of traffic generation, noise, hours of operation, location of the use, lighting glare and parking demand.
§ 359-93 Drive-through restaurants.
A.
A traffic impact study shall be required;
B.
See diagram at the end of this section;
C.
A minimum of 140 feet of stacking lane is required for drive-through customers per serving window measured from the center of the serving window to the point at which the stacking lane inhibits pedestrian crossing/walkways, traffic aisles, parking spaces, or roadway rights-of-way. Measurement shall be made along the center line of the stacking lane;
D.
No pedestrian crossing of the stacking lane shall be permitted;
E.
A minimum of 80 feet of the stacking lane must be provided between the center of the order station and the center of the serving window, measured along the center line of the stacking lane;
F.
The minimum stacking lane width shall be 10 feet per lane;
G.
A maximum of three stacking lanes are permitted, one per serving window;
H.
A minimum ten-foot-wide bypass lane shall be provided for vehicles to bypass the stacking lane(s) or to otherwise circulate through the parking lot;
I.
In order to permit vehicles to exit the stacking lane prior to ordering there shall be no impediment to vehicles escaping the stacking lane prior to or at the order station. While not required after the order station, permitting escape from the stacking lane to the bypass lane is encouraged;
J.
Stacking lanes shall not inhibit site pedestrian crossing/walkways, traffic aisles, parking spaces, or roadway rights-of-way;
K.
Provide at least 20 feet of ten-foot-wide lane after the serving window and before the nearest intersecting site pedestrian crossing/walkway, traffic aisle, parking space, or roadway right-of-way following the serving window to permit patrons the opportunity to verify they have received the correct order;
L.
A circulation plan through the drive-through lane shall be provided with turning templates to accommodate a design vehicle to the Municipality's judgement;
M.
Stacking shall not interfere with the free flow of traffic within the lot and shall not interfere with the use of any required parking spaces. Stacking shall not cause the stopping of vehicles on any public right-of-way or overflow onto adjacent properties;
N.
The vehicular entrance and approach to the drive-up window shall be clearly delineated by markings, striping and or signage;
O.
Vehicular circulation into and through the property, and the location of parking, shall be obvious to motorists via pavement markings and/or directional signs;
P.
No drive-through lanes window shall be located in a front yard;
Q.
The site shall front on an arterial or collector road;
R.
Drive-through restaurants proposed on parcels within a planned nonresidential development shall have access only from the interior circulation system within the planned nonresidential development;
S.
All exterior speaking/microphone systems shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties;
T.
All exterior seating/play areas shall be completely enclosed with a barrier designed by a professional engineer or architect to withstand adequate separation from vehicular movement or possible penetration;
U.
Sufficient trash receptacles shall be provided within and outside of the primary structure to accommodate waste generated from the establishment;
V.
The site shall be designed to minimize disruptions to pedestrian traffic and to provide a safe sight distance for motorist;
W.
Areas not paved or occupied by structures shall be landscaped and maintained, in accordance with § 359-98 Landscaping, buffer yards and screening;
X.
The use of the site and the access to it shall not endanger the public health, safety and general welfare; and
Y.
The use shall not create detrimental impacts on the surrounding properties, taking into consideration the probability of traffic generation, noise, hours of operation, location of the use, lighting glare and parking demand.
§ 359-94 Drive-in restaurants.
A.
See "Drive-through restaurant."
Figure 359-94 - Typical Drive-In Diagram  |
§ 359-95 Fences and hedges.
A.
No fence or wall shall be erected replaced or altered unless an application has been made to, and a permit issued by, the Zoning Officer;
B.
A fence may be erected into any required side or rear yard if the fence is no more than six feet in height for residential uses. A fence may be erected from the front building line of the principal structure if the fence is at least 50% open and no more than four feet in height;
C.
A chain-link-type fence not more than 10 feet in height may be erected in any required yard for schools, playgrounds or parks;
D.
A fence of the chain-link-type no more than 10 feet high may be erected in any required yard for industrial or commercial uses;
E.
A solid fence no more than 10 feet high may be erected in any required yard for commercial or industrial uses with the approval of the Zoning Officer;
F.
Fences are not subject to the minimum yard setback requirements and may be located up to the property line;
G.
Street intersections. No fence shall be installed that obstructs sight distance at street intersections or interferes with the required clear sight triangle. See Article II, Terminology, "clear site triangle";
H.
In no area of any yard shall fencing ordinarily used for construction activity, such as silt fences or temporary construction fences be permitted, except during the time when such construction activity is being performed;
I.
Fences shall be constructed from commercially available and accepted construction materials. Pallets, garbage, debris, construction waste cannot be oriented or aligned to create a fence;
J.
All fences shall be so installed so that the finished side shall face outward; all bracing shall be on the inside of the fence;
K.
All existing fences and walls shall be maintained and, when necessary, repaired or replaced;
L.
Fences and all supporting structures must be entirely on the property of the party erecting the fence and shall not encroach upon a public right-of-way;
M.
Fences are not subject to the minimum yard setback requirements and may be located up to the property line, except in areas where they are adjacent to public streets, in which case fences shall be required to be located a minimum of two feet from the back of curb or edge of pavement. The finished side of the fence shall face the adjoining property or public street where applicable;
N.
Any fence, hedge, post, mailbox, sign, tree or shrub located in the public right-of-way or other recorded easement is placed at the owner's risk and may be ordered to be removed by the Municipality for expansion or maintenance of public services; and
O.
The Zoning Officer may require more stringent controls on the placement of hedges and fences where, in the opinion of the Zoning Officer, public safety, pedestrian or vehicular traffic is involved. Fences and hedges shall not interfere with maintaining sight distances for vehicles approaching street intersections or the right-of-way of such intersection.
§ 359-96 Film crew/movie production.
Licensing:
A.
Requires a zoning permit and building permit (if set construction or structures are to be built);
B.
Operations are limited between the hours of 7:00 a.m. to 7:00 p.m.;
C.
Operations shall not block roadways/traffic;
D.
Operations shall not block driveways;
E.
Trucks, vans, and associated vehicles shall not cause traffic congestion or obstructions within the municipality;
F.
Parking and staging of vehicles to be coordinated with the municipality;
G.
Any traffic/road scenes, i.e., stunt driving, speeding, to be coordinated with the Police Department;
H.
Noise and lighting shall not have negative impact on surrounding neighbors and property owners;
I.
Use of sound amplifying equipment, i.e., megaphones, horns, sirens, etc., to be restricted in residential districts;
J.
All set construction material/litter to be cleaned up upon completion of operations;
K.
Any use of pyrotechnics to be coordinated with Fire and Police Departments;
L.
Any use of firearms/blanks usage to be coordinated with the Police Department.
§ 359-97 Food trucks.
B.
Location:
(1)
A mobile food vendor shall not be located at a stationary location for a duration exceeding eight consecutive hours and cannot exceed more than eight hours during any twenty-four-hour period. The mobile food vendor shall be open and operating during the entire period that the mobile food vendor is located at a stationary location within the township.
(2)
A mobile food vendor shall not conduct sales in congested areas where the operation impedes vehicular or pedestrian traffic.
(3)
A mobile food vendor shall not cause any congestion of traffic flow, and, if vehicular traffic or pedestrian flow becomes impeded, the vendor shall immediately and without delay vacate the area so as to allow for the free flow of traffic and relief of the congestion.
(4)
No mobile food vendor shall locate on any private property without written permission from the property owner to do so, and must comply if asked to leave by the property owner.
(a)
A copy of the written permission to operate in a specific location signed by the private property owner, including a contact phone number for verification, shall be included with the license application.
(b)
A copy of such written permission shall be kept in the mobile vending unit and produced upon request.
(5)
A five-foot clear space shall be maintained around the mobile food vending unit at all times.
(6)
No mobile food vendor shall be allowed to conduct food sales in the public road right-of-way.
C.
Time.
(1)
A mobile food vendor shall not be permitted to conduct sales between the hours of 12:00 midnight and 6:00 a.m.
E.
Waste.
(1)
Vendors must provide a portable trash receptacle for collection of waste from their customers and waste must be removed from the location of the mobile vending unit daily without using public waste containers or receptacles.
(a)
Each Vendor shall be responsible for proper disposal of solid waste and wastewater in a sanitation facility legally accessed by the vendor.
(2)
Vendors shall not dispose of grease or other liquid waste by depositing or draining the same into the storm drains, sewer drain outlets, tree pits or sidewalk areas, or any public space, including the ground or public roadways.
(3)
All areas must be cleaned following each sales period within a minimum of 20 feet of the sales location.
F.
Noise.
(1)
Continuous loud music or repetitive sounds shall not project from the mobile unit while parked or stopped, except those created by the normal operation of equipment typically associated with mobile food vending during the hours of operations.
G.
Firesafety.
(1)
Proper electrical power shall be maintained and installed as per the International Electrical Code. Extension cords running from any residential living space for power will not be allowed. Municipal-owned power sources may not be used without the express written consent of the Municipality.
(2)
All vehicles shall be at a minimum 15 feet from any structure.
§ 359-98 Landscaping, buffer yards and screening.
A.
General provisions.
(1)
All landscaped areas shall be permanently landscaped and maintained in good condition;
(2)
All areas of a lot not covered by building or impervious material shall be maintained as landscaped or natural areas;
(3)
All deciduous trees required in this section shall be a minimum of one-and-one-half-inch caliper DBH in size at planting, unless specified otherwise;
(4)
All evergreen trees required by this section shall be a minimum of six feet in height, measured from grade at planting, unless specified otherwise;
(5)
All shrubs required by this section shall be a minimum 24 inches in height at planting, unless specified otherwise; and
(6)
Trees, shrubbery and other foliage shall be trimmed if, in the opinion of the Zoning Officer, the tree, shrubbery or other foliage shall be an impediment to pedestrian or vehicular traffic movement or visibility, or that said trimming shall assure easy, convenient access to fire hydrants and shall prevent the harboring of snakes, rodents or other vermin.
B.
Landscaping plan guidelines and requirements.
(1)
The following general guidelines shall be used in developing all landscaping plans:
(a)
The landscaping plan shall be prepared by a landscape architect, licensed by the Commonwealth of Pennsylvania;
(b)
Plants selected shall be suited to the climate and region as well as the geologic and topographic conditions of the site. Protection and preservation of native plant materials and natural areas are encouraged;
(c)
At least one deciduous tree shall be planted for each 1,000 square feet of gross floor area in conjunction with nonresidential development. The planting of said tree within the development shall be completed prior to the approval and issuance of a zoning occupancy permit;
(d)
At least one deciduous tree shall be planted for each residential dwelling unit. The planting of said tree within the development shall be completed prior to the approval and issuance of a zoning occupancy permit;
(e)
All yard areas not utilized for parking areas, streets, driveways, and the planting of trees and shrubs shall have sod installed, be seeded, or have landscaping installed within two weeks after construction activities are completed, unless construction activities are completed from November 1 through May 1. In such case, the required tree planting shall occur within two weeks of April 1 and sod or seeding shall occur within two weeks of May 1; and
(f)
It shall be the responsibility of the landowner to assure the continued growth of all required landscaping and/or replace the same with material of comparable size and character in the event of freezing, drought, vandalism, disease or other reasons that may have caused the discontinued growth of the required trees, shrubs and other vegetation. Dead and dying plants shall be replaced no later than 60 days after municipal notification or within the subsequent planting season as approved by the Municipality.
C.
Landscape plan contents.
(1)
Landscaping plans shall be drawn to scale, including dimensions and distances, and shall clearly delineate:
(a)
Plant materials, including trees, shrubs, ground cover, grass and other vegetation, shall be depicted clearly on the plan. In addition, plants shall be labeled by botanical name, common name, caliper or container size, spacing and quantities in each group;
(b)
Property lines and street names;
(c)
Streets, driveways, walkways and other paved areas;
(d)
Pools, ponds, water features, lighting fixtures, fences and retaining walls;
(e)
Existing and proposed buildings and structures, including elevation;
(f)
Natural features, including, but not limited to, rock outcroppings and existing plant materials that will be preserved;
(g)
Tree staking, plant installation, soil preparation details and all other applicable planting and installation details;
(h)
Calculation of the total landscaped area;
(i)
All required buffer yards with proposed plantings;
(j)
All required parking lot landscaping with proposed plantings; and
(k)
All required planting independent of the buffer yard or parking lot requirements.
D.
Design and construction.
(1)
Specify in cut areas to be treated as lawn that rock shall be covered with 12 inches minimum of suitable subsoil below topsoil;
(2)
Specify that depth of topsoil be a minimum of four inches with a desirable minimum of six inches. The maximum depth shall be 12 inches, placed in a uniform depth to prevent uneven settlement;
(3)
Specify that topsoil shall not be stripped, placed or worked while frozen or wet; and
(4)
Specify and/or detail that grade of topsoil shall be 1/2 inch to 3/4 inch below top of walks and curbs to provide positive drainage off walks.
E.
Maintenance plan.
(1)
A landscape maintenance plan shall accompany every land development application;
(2)
All required planting shall be permanently maintained in good condition, and when necessary, replaced with new plant material to ensure continued compliance with these standards;
(3)
For the purpose of enforcement, the property owner shall be responsible for maintenance;
(4)
Maintenance shall include watering, weeding and pruning; and
(5)
Vegetation/landscaping may be required to be trimmed, if in the opinion of the Zoning Officer, trees, shrubs or other plant material is negatively impacting adjoining property owners, pedestrians, or vehicular traffic.
F.
Plant materials specifications.
(1)
All trees shall be planted and maintained to grow upright and plumb and the tree pit mulched;
(2)
The use of synthetic vegetation (i.e., artificial turf, plastic plants) shall not be allowed for any required landscaping, unless approved during Planning Commission and Council review;
(3)
The applicant or developer shall demonstrate removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property, unless such removal is part of a forestry operation;
(4)
Exotic and invasive plant list. The following plants shall not be utilized:
Table 359-98F(4) - Exotic and Invasive Plant List | |
|---|---|
Scientific Name | Common Name |
Ajuga reptans L. | Bugleweed |
Ailanthus altissima (Mill.) Swingle | Tree of Heaven |
Albizia julibrissin Durz. | Mimosa |
Allium vineale L. | Field garlic |
Ampelopsis brevipedunculata (Maxim.) Trautv. | Porcelain-berry |
Artemisia vulgaris L. | Mugwort, common wormwood |
Arthraxon hispidus (Thunb.) Makino | Hairy jointgrass |
Arundo donax L. | Giant reed |
Baccharis halimifolia L. (*) | Silverling, groundsel tree |
Berberis thunbergii DC | Japanese barberry |
Bromus catharticus Vahl | Bromegrass, rescue grass |
Bromus commutatus Schrad. | Meadow brome |
Bromus japonicus Thunb. ex Murray | Japanese bromegrass |
Bromus secalinus L. | Rye brome |
Bromus tectorum L. | Thatch bromegrass, cheat grass |
Broussonetia papyrifera (L.) L'Her. ex Vent. | Paper mulberry |
Buddleia davidii Franch | Butterfly bush |
Cardiospermum halicacabum L. | Balloon-vine |
Cayratia japonica (Thunb. ex Murray) Gagnep. | Bushkiller |
Celastrus orbiculatus Thunb. | Asian bittersweet |
Centaurea biebersteinii DC | Spotted knapweed |
Chrysanthemum leucanthemum L. | Ox-eye daisy |
Cichorium intybus L. | Chicory |
Cirsium vulgare (Savi) Ten. | Bull thistle |
Clematis terniflora DC (=C. dioscoreifolia) | Leatherleaf clematis |
Coronilla varia L. | Crown vetch |
Daucus carota L. | Wild carrot, Queen Anne's-lace |
Dioscorea polystachya L. | Air-potato |
Dipsacus fullonum L. | Fuller's teasle |
Egeria densa Planch. | Brazilian elodea, Brazilian water-weed |
Elaeagnus angustifolia L. | Russian olive |
Elaeagnus umbellata Thunb. | Autumn olive |
Euonymus alata (Thunb.) Sieb. | Burning bush |
Euonymus fortunei (Turcz.) Hand. — Mazz | Winter creeper |
Fatoua villosa (Thunb.) Nakai | Hairy crabweed |
Festuca pratensis Huds. | Meadow fescue |
Ficaria verna ssp. ficariiformis (F.W. Schultz) B. Walln. (=Ranunculus ficaria) | Lesser Celandine |
Glechoma hederacea L. | Gill-over-the-ground, ground ivy |
Hedera helix L. | English ivy |
Humulus japonicus | Japanese Hops |
Ipomoea quamoclit L. | Cypressvine morningglory |
Kummerowia stipulacea (Maxim.) | Makino Korean clover |
Kummerowia striata (Thunb.) Schindl | Japanese clover |
Lamiastrum galeobdolon | Yellow Archangel |
Lamium purpureum L. | Henbit |
Lespedeza bicolor | Bicolor lespedeza |
Lespedeza bicolor Turcz. | Bicolor lespedeza, shrubby bushclover |
Lespedeza cuneata (Dum.-Cours.) G. Don | Sericea lespedeza |
Ligustrum japonicum Thunb. | Japanese privet |
Ligustrum sinense Lour. | Chinese privet |
Ligustrum vulgare L. | Common privet |
Liriope muscari (Dcne.) Bailey | Liriope, Lilyturf |
Lonicera fragrantissima Lindl. & Paxton | Fragrant honeysuckle |
Lonicera japonica Thunb. | Japanese honeysuckle |
Lonicera maackii (Rupr.) Maxim. | Amur bush honeysuckle |
Lonicera morrowii A. Gray | Morrow's bush honeysuckle |
Lonicera standishii Jaques | Standish's Honeysuckle |
Lonicera x bella [morrowii x tatarica] | Hybrid Bush Honeysuckle |
Lygodium japonicum (Thunb. ex Murr.) Sw. | Japanese climbing fern |
Lysimachia nummularia L. | Moneywort, creeping Jenny |
Lythrum salicaria L. | Purple loosestrife |
Mahonia bealei (Fortune) Carriere | Leatherleaf Mahonia |
Melilotus albus Medik. | White sweet clover |
Melilotus officinalis (L.) Lam. | Yellow sweet clover |
Microstegium vimineum (Trin.) A. Camus | Japanese stilt-grass |
Miscanthus sinensis Andersson | Chinese silver grass |
Morus alba L. | White mulberry |
Murdannia keisak (Hassk.) Hand.-Mazz. | Asian spiderwort |
Najas minor All. | Brittle naiad |
Nandina domestica Thunb. | Nandina |
Pastinaca sativa L. | Wild parsnip |
Paulownia tomentosa (Thunb.) Sieb.& Zucc. ex Steud. | Princess tree |
Perilla frutescens (L.) Britt. | Beef steak plant |
Persicaria longiseta (de Bruijn) Moldenke (Polygonum caespitosum Blume) | Oriental ladies-thumb |
Persicaria maculata (Rafinesque) S.F. Gray (Polygonum persicaria L.) | Lady's thumb |
Poncirus trifoliata (L.) Raf. | Hardy-Orange |
Populus alba L. | White poplar |
Phyllostachys spp. | Exotic bamboo |
Pseudosasa japonica (Sieb. & Zucc. ex Steud.) Makino ex Nakai | Arrow bamboo |
Pyrus calleryana Decne. | Bradford pear |
Rhodotypos scandens (Thunb.) | Makino jetbead |
Rubus phoenicolasius Maxim. | Wineberry |
Senecio vulgaris L. | Ragwort |
Setaria faberi R.A.W. Herrm. | Nodding foxtail-grass |
Solanum viarum Dunal | Tropical soda apple |
Sorghum halepense (L.) Pers. | Johnson grass |
Spiraea japonica L.f. | Japanese spiraea |
Stellaria media (L.) Vill. | Common chickweed |
Triadica sebifera (L.) Small | Chinese tallow tree |
Tussilago farfara L. | Coltsfoot |
Veronica hederifolia L. | Ivy leaf speedwell |
Vinca major L. | Bigleaf periwinkle |
Vinca minor L. | Common periwinkle |
Vicia sativa L. | Garden vetch |
Wisteria floribunda (Willd.) DC | Japanese wisteria |
Wisteria sinensis (Sims) DC | Chinese wisteria |
Xanthium strumarium L. | Common cocklebur |
Youngia japonica (L.) DC. | Oriental false hawksbeard |
(5)
Trees.
(a)
Trees shall be provided along the entire length and on both sides of all streets within the subdivision or land development;
(b)
Trees shall be spaced a maximum of 50 feet on center for large trees, 35 feet on center for medium trees and 20 feet on center for small trees;
(c)
Tree plantings can be in uniform rows or in clusters or groupings;
(d)
Trees shall be classified as follows:
[1]
Large trees. Ultimate height exceeding 40 feet and shall have a minimum of two-and-one-half-inch or larger caliper DBH at planting;
[2]
Medium trees. Ultimate height exceeding 25 feet but not greater than 40 feet and shall have a minimum two-inch caliper DBH at planting; and
[3]
Small trees. Ultimate height not to exceed 25 feet and shall have a minimum of one-and-one-half-inch caliper DBH at planting.
G.
Off-street parking landscaping.
(1)
The following parking landscaping requirements are in addition to the planting requirements in this article;
(a)
Perimeter screening.
[1]
All off-street parking lots shall be screened along the perimeter abutting a street, entrance drive, internal street or adjacent parking lot by a planting area that is a minimum 10 feet wide and located immediately adjacent to the parking area;
[2]
The perimeter screening shall include one deciduous tree, planted 30 feet on center, combined with a continuous row of deciduous shrubs, planted at a maximum of three feet on center. Shrubs shall not exceed a height of 48 inches at maturity;
[3]
All perimeter screening vegetation shall be planted a minimum of three feet from the edge of the parking lot pavement to protect the vegetation.
(b)
Interior landscaping. The following requirements shall be met for new parking areas or expansion of existing parking areas containing more than 4,000 square feet or 15 parking spaces:
[1]
Planting island. One planting island shall be provided for each 15 parking spaces, at a minimum, and at the end of each parking row, unless an end cap island is required;
[2]
The pervious surface area of each island shall be 15 feet long and a minimum of nine feet wide;
[3]
Where two or more islands are required in a parking row, they shall be placed so that the islands are separated by no more than 15 spaces;
[4]
All planting islands shall contain, at a minimum, one deciduous tree per planting island. The tree trunk shall be trimmed bare of branches at least six feet above grade at planting and maintained to allow for vehicular circulation and visibility beneath the canopy;
(c)
End cap planting island. An end cap planting island shall be required at the end of each row of parking to separate the rows of parking and drive aisles:
(d)
Planting median. A planting median shall be placed between every third parking bay of adjacent parking bays, at a minimum, to prevent traffic movement across parking aisles:
[1]
The planting median shall be a minimum of nine feet wide and may include an ADA-accessible sidewalk, where necessary, for pedestrian circulation;
[2]
The planting median shall contain the following vegetation, at a minimum:
[a]
One deciduous tree, planted 35 feet on center, in a continuous or staggered row;
[b]
Ten shrubs for each tree required, planted in rows or clustered groups; and
[c]
The planting median shall contain defined breaks, as necessary, to provide pedestrian circulation between bays of parking. The breaks shall allow for ADA accessibility from one side of the planting median to the other and onto the sidewalk within the planting median if a sidewalk is located within the median.
(e)
Ground cover. In addition to any other required plantings, all parking lot planting areas shall be planted with turf grass, ornamental grasses (not exceeding 24 inches at maturity) or other ground cover materials. Mulch, stone or similar materials may be used sparingly.
(f)
Pervious surface. A minimum of 10% of a parking lot area shall be required to be pervious within the interior of the parking lot.
[1]
The previous surface calculation shall include all pervious area within planting islands, end cap islands and planting medians;
[2]
To calculate the amount of required pervious surface area, the impervious surface area shall include all parking spaces and drive aisles that access parking spaces.
Figure 359-98G(1)(f)[2] - Off-Street Parking Diagram  |
H.
Buffer yards.
(1)
Purpose. The purpose of buffer yards is to screen and minimize the potential impact of new uses and development adjacent to existing developments or future developments. Additional landscaped areas, or buffer yards, shall be used to establish a greater separation where dissimilar land uses are located adjacent to each other;
(2)
When the width of a required buffer yard is in conflict with the minimum yard requirement of this chapter, the greater distance shall apply;
(3)
The buffer yard requirements are in addition to the planting requirements in this article;
(4)
Standards. The type and extent of plantings or screening required for buffer yards shall be proportionally related to the degree of incompatibility or difference in use of the adjacent land uses, as defined below:
(a)
Minor separation shall be required between single-family residential uses that are land developments. The minimum buffer yard in such instance shall be 10 feet;
(b)
Moderate separation shall be required between single-family residential uses that are adjacent to multifamily residential uses. The minimum buffer yard in such instance shall be 20 feet;
(c)
Substantial separation shall be required between single-family residential or multifamily residential uses that are adjacent to schools, institutional uses, places of worship or recreational uses. The minimum buffer yard in such instance shall be 30 feet;
(d)
Major separation shall be required between single-family residential and multifamily residential uses that are adjacent to planned residential developments, planned nonresidential developments, retail uses, office parks, hotels and manufacturing uses. The minimum buffer yard in such instance shall be 50 feet.
(5)
Buffer yard types.
(a)
Buffer yard plantings or screens shall not be planted so as to encroach upon the street right-of-way;
(b)
Buffer yard screens shall contain one of the following plant materials option per every 100 linear feet for a ten-foot-wide minor separation buffer yard:
[1]
(Option One) Five large trees, two-and-one-half-inch minimum caliper DBH or larger or seven medium trees, two-inch minimum caliper DBH;
[2]
(Option Two) 10 small trees, one-and-one-half-inch minimum caliper DBH;
[3]
(Option Three) 50 shrubs, minimum 24 inches in height and spread at the time of planting;
[4]
(Option Four) 10 evergreen trees, six feet in height at time of planting; and
[5]
Alternative buffer yard planting options may be proposed so long as a mix of the above options and required quantities of plant materials are provided.
(c)
As buffer yard widths increase, the plant materials required shall be increased by the following multiples:
[1]
Moderate separation. The requirement in § 359-98H(5)(b) times 1.25;
[2]
Substantial separation. The requirement in § 359-98H(5)(b) times 1.50;
[3]
Major separation. The requirement in § 359-98H(5)(b) times 2.00;
[4]
Deciduous plant materials shall comprise no more than 50% of the required buffer yard plantings; and
[5]
A minimum 50% of the buffer yard surface area shall be planted with new plantings or existing vegetation preserved on the site.
(6)
Existing structures in buffer areas.
(a)
In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area shall apply on all other sides of the existing structure.
(7)
Existing trees in buffer areas.
(a)
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed and may be counted toward the required number of trees for the required buffer if the trees are of adequate size species. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Municipality, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Municipality has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter; and
(b)
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. (See Appendix D for a suggested list of plant materials.)[1] All such replacement planting shall be in accordance with accepted conservation practices.
[1]
Editor's Note: So in original.
I.
Screening.
(1)
Location of screening. A continuous planting, hedge, fence or wall shall enclose any structure on all sides unless such structure shall be frequently moved, in which case screening on all but one side shall be required. The average height of the screening shall be one foot more than the height of the enclosed structure but shall not be required to exceed eight feet in height. Whenever service structures are screened by plantings, such material may count towards the fulfillment of required landscaping;
(2)
Protection of screening material. Whenever screening material is place around any dumpster that is emptied or removed mechanically on a regular basis, a fixed barrier to contain the placement of the container shall be provided within the screening material on those sides where there is such material. The barrier shall be at least 18 inches from the material and shall be of sufficient strength to prevent possible damage to the screening when the container is moved. The minimum front opening of the screening material shall be 12 feet to allow service vehicles access to the container;
(3)
All dumpster enclosures are required to have a gate.
J.
Vegetation preservation. The specifications of this section and the provisions of the Municipalities Planning Code (MPC)[2] govern vegetation preservation.
(1)
Vegetation preservation. The removal of trees, shrubbery, foliage, grass or other natural growth shall be in accordance with the provisions of this chapter and with any other chapter of the Municipality of Monroeville Code of Ordinances regulating land development and logging. The activity of grubbing (defined as the clearing of underbrush and stumps from a well-treed area) shall be permitted with the express approval of the Zoning Officer. A landscaping plan shall be prepared and submitted at the time of subdivision and/or land development application, bearing the seal of a landscape architect registered in the Commonwealth of Pennsylvania;
(2)
Cutting and clearing of vegetation, violations and penalties:
(a)
Forestry activities of timber harvesting and/or logging, whether by clear-cutting, selective cutting or other common practice, shall be permitted in any zoning district. All forestry activities shall comply with all applicable ordinances and the Municipality of Monroeville Timber Harvesting Ordinance No. 2653.[3]
(b)
The cutting of trees and/or clearing of vegetation within 40 feet of the property line or the maximum buffer yard which could be applicable to the property as required by § 359-98H, whichever is greater, shall be prohibited. Grubbing activity, as defined in § 359-98J(1), shall be permitted where the purpose is to improve the appearance of the property;
(d)
The penalty for violating this section shall be a maximum of $500 for each day in excess of 60 days that the cleared property is not subject to development activities, unless the lack of development activities for a time in excess of 60 days following the clearing of the property occurred for reasons other than a lack of reasonable expectations as to when the development would and could commence and/or a lack of realistic plans for the commencement of development. This language shall not be intended to prohibit the culling of diseased, dead or dying plants and trees, the development of flower or vegetable gardens or the removal of single trees or clumps of vegetation for aesthetic, safety or other concerns. It shall prohibit the mass or large-scale defoliation of potential buffer yards preparatory to development until shortly before the proposed development actually takes place;
(e)
In addition to any other remedy available to the Municipality and in the event the construction of structures and/or infrastructure on the site does not commence despite an approved land development plan within six months of the completion of the clearing operations as determined by the Municipality, the disturbed area shall be reforested in accordance with the buffer yard designation in § 359-98H. Should this six-month period fall during a season not conducive to planting, the Municipality may permit the developer, landowner and/or agents to delay this reforestation until a time more conducive, but shall commerce, in no case, any later than April 1. Furthermore, at the time of subdivision and/or land development approval, the Municipality shall require a performance security be provided, in favor of the Municipality, to guarantee this reforestation, in an amount approved by the Municipal Engineer. The lot shall be reforested with a species comparable to the predominant species on the lot prior to the commencement of the clearing operations; and
(f)
The landscape plan required in § 359-98 shall show the location and species of all existing trees, 12 inches in diameter at breast height DBH. All such trees shall be marked in the field so that they may be inspected by the Municipality. Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more DBH. Trees to be preserved shall not be disturbed within the dripline.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 359-99 Laundromat (self-service laundry).
A.
A traffic impact study shall be required;
B.
The site shall have frontage on and direct vehicular access to a public road;
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 screen;
E.
The minimum required building setback from any property adjoining a residential use or a residential zoning district shall be 50 feet; and
F.
The floor area of a laundromat shall not exceed 3,000 square feet.
§ 359-100 Medical clinic.
A.
A traffic impact study shall be required;
B.
The minimum site area required for a medical clinic shall be one acre;
C.
The site shall be served by public water and public sewers;
D.
Water pressure and volume shall be adequate for fire protection;
E.
Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;
F.
The parking and circulation plan shall be referred to the Volunteer Fire Company for comments regarding traffic safety and emergency access;
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.
The appropriate departments and/or agencies of the Commonwealth of Pennsylvania, including, but not limited to the state Department of Health, shall license the facility and use. Said valid license and all appropriate documentation shall be submitted to the Municipality; and
K.
A medical clinic is not a substance abuse treatment facility.
§ 359-101 Mobile, modular, industrialized or manufactured homes on individual lots.
A.
Mobile, modular or manufactured homes shall meet all requirements of this chapter and other ordinances of the Municipality relative to single-family dwellings, including but not limited to minimum lot area and width, setbacks from lot lines, utility connections, off-street parking, and access to a public road;
B.
Mobile, modular or manufactured homes shall be supported directly upon a peripheral masonry or concrete foundation wall (vinyl skirting is not permitted) in accordance with the Uniform Construction Code;
C.
Mobile, modular or manufactured homes shall be securely anchored to the foundation by tie-downs which may be cast-in-place concrete, "dead men," eyelets imbedded in the footer or other device acceptable to the Municipal Building Official;
D.
Mobile, modular or manufactured homes shall be placed on required foundations immediately upon arrival on the lot;
E.
No mobile, modular or manufactured home shall be occupied until it has received an occupancy permit from the Building Inspector after connection to sewage disposal and water supply systems;
F.
No mobile, modular or manufactured home shall be occupied unless its lot abuts a street, which has been improved to meet minimum Municipality standards and approved by all applicable governmental agencies; and
G.
No mobile, modular or manufactured homes lacking toilet and washing facilities, cooking and food storage facilities, or any self-propelled vehicles or travel trailers designed for temporary occupancy shall be permitted for residential purposes for a period exceeding 14 days.
§ 359-102 Municipal waste/landfill.
A.
The landfill shall meet the definition of "municipal waste landfill" as provided in Article II of this chapter;
C.
The total allowable additional topographic relief created by the landfill may not exceed 65% of the existing natural topographic relief for the proposed disposal area. The maximum allowable topographic relief at closure shall not exceed 100 feet.
e.g. | Existing low elevation | - 500 |
Existing high elevation | - 600 | |
Existing relief | - 100 | |
Allowable additional relief | - 65 |
The final slope contour at closure shall not exceed three horizontal to one vertical.
D.
The landfill operator shall provide the plans as submitted to the applicable federal, state and county agencies, including anticipated construction, operation, closure, and end use milestones, within 90 days of receiving requisite county, state and federal permits, therefor, and any amendments thereto. The landfill operator, by copying the Municipality on all regulatory correspondence to the regulatory bodies shall inform the Municipality of any substantial changes in such plans.
F.
The operation of the landfill shall provide for minimal negative aesthetic impacts. The landfill shall also utilize an operating and staging sequence that provides a protective berm between landfill operations and the surrounding neighborhoods;
G.
The landfill shall maintain compliance with all laws, regulations and/or ordinances of all relevant federal, state and local governments;
H.
The landfill operator shall provide a document, certified by a Pennsylvania-registered professional engineer, which states that the facility has been designed to comply with Monroeville Ordinance 2700 (Stormwater Management),[3] as amended. The document will also certify that the facility has been designed to adequately provide protection from erosion, sedimentation, slope in-stability and mine subsidence;
I.
In the event of mine voids in the proximity of the landfill, the landfill operator shall monitor said voids for landfill gas and leachate that may escape the facility. The results of said monitoring shall be provided to the Municipality quarterly. The applicant shall prepare a site specific monitoring program;
J.
Mine subsidence and slope instability monitoring shall be performed by the landfill operator. The results of said monitoring shall be provided to the Municipality quarterly. The applicant shall prepare a site specific monitoring program;
K.
To the extent allowed by the Pennsylvania Department of Environmental Resources (PaDER), the landfill shall have sufficient final cover depth to accommodate vegetative species native to the landfill area, including woody plants and shallow rooting trees, on the closed landfill;
L.
The landfill operator shall provide unobstructed access to Municipal Landfill Inspectors on a twenty-four-hour basis and such access shall include, but not be limited to, the ability to schedule any monitoring activity as defined in Subsections (I) and (J) above or otherwise and said access shall also include access to office and telephone facilities;
M.
The landfill operator shall implement a procedure for excluding the receipt of regulated hazardous waste as required by any applicable federal or state law. Records of inspections shall be made available to the Municipal Landfill Inspector;
N.
The landfill operator shall immediately report any emergency to the Monroeville Municipal Manager and Director of Community Development. For the purposes of this section, the term emergency includes a fire, spill or other environmental event that threatens public health and safety, public welfare or personal injury. An emergency response plan shall be prepared and submitted to the Municipality and the Emergency Management Director;
O.
The minimum size for a municipal solid waste landfill shall be 100 acres;
P.
Any public roadway to the landfill shall be restricted for the use of said roadway by municipal waste vehicles between the hours of 11:00 p.m. and 7:00 a.m., which shall include the stacking of municipal waste vehicles on said public road;
Q.
The landfill shall include buffer areas which shall conform to the following:
(1)
Three hundred feet from the applicant's property line;
(2)
The applicant shall present a planting plan and schedule for the buffer area utilizing trees, shrubs and bushes. These materials shall be sufficiently large and planted in such a fashion that a year-round screen at least 10 feet in height shall be produced;
R.
The landfill site shall be properly fenced along the interior boundary of the buffer zone to prevent blowing papers and other refuse on adjoining properties. The fence shall be metal wire mesh constructed of No. 9 gage wire woven in a two inches mesh in full conformance with the American Society of Testing Materials Specifications. The surface height of the fence shall be 12 feet. The fence shall contain, at all entrances, gates which are locked except during business hours. In addition, temporary litter control fences shall be installed, in such a manner as to prevent litter from dispersing off of the landfill site. The landfill site shall be adequately policed, and the litter shall be collected daily and incorporated into the landfill;
S.
The emission of unpleasant gases and odors shall not be permitted in such quantities as to be offensive outside the boundaries of the landfill site;
T.
Sound pressure level of any operation within the landfill site shall not exceed, at any point along the landfill site boundary, the following decibel levels:
Between 7:00 a.m. and 7:00 p.m. | 68 dBA |
Between 7:00 p.m. and 7:00 a.m. | 58 dBA |
The applicant shall provide a site specific sound monitoring program;
U.
Site plan review for landfills. No zoning permit or zoning occupancy permit shall be issued for a landfill until a site development plan has been submitted, reviewed and approved by the Municipality of Monroeville in accordance with the following provisions:
(1)
The application for approval of a proposed site development plan shall be accompanied by a fee established by resolution of Council to cover the costs of review. The Zoning Officer shall set forth a reasonable time schedule to be followed prior to the presentation of the application to the Council.
(2)
The application shall consist of not less than 20 copies of the letter of application together with not less than 20 copies of the drawings submitted as part of the site development plan. The proposed site development plan, a topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet size of 24 inches high by 36 inches wide, to include the following:
(a)
Title block giving name of development, property owner, developer, north point, key location map, registration stamp, date and scale on a standard sheet size of 24 inches high by 36 inches wide;
(b)
Property lines, total acreage of parcel proposed for development and any existing landfill areas adjacent to the proposed landfill;
(c)
All existing streets, right of ways, and easements related to the development;
(d)
Owners of adjacent properties, including the location of any existing structures and driveway locations;
(e)
The location of relevant natural features on-site, including, but not limited to, streams or other natural water courses and adjacent areas which are subject to flooding, and significant stands of existing trees;
(f)
The location of relevant natural features abutting properties within 300 feet including, but not limited to, streams or other natural water courses and adjacent areas which are subject to flooding, and significant stands of existing trees;
(g)
The location of existing structures and accessory uses on-site;
(h)
The location of structures and utilities on abutting property within 300 feet of common property lines;
(i)
Landfill areas within the landfill site, including the staging of the proposed landfill development and the location of proposed access roads and proposed haul roads;
(j)
Cross sections, at a true scale that is equal both horizontally and vertically, showing the existing grades and the proposed grades upon completion and closure of the proposed landfill;
(k)
Surface water runoff and sediment controls;
(l)
Location, dimensions, total square footage and ground floor elevations of proposed structures, walkways, driveways, entrances, parking areas, loading spaces, landscaping, signs, lighting facilities, fire hydrants and fire lanes, and other site improvements and amenities;
(m)
Location and approximate size of utilities to serve the proposed development;
(n)
Location of proposed equipment cleaning and tire cleaning areas;
(o)
Location of proposed weighing scales;
(p)
Location of proposed firefighting equipment and other emergency and/or safety equipment;
(q)
Location of any proposed fencing;
(r)
Location of any proposed screening or buffer areas;
(s)
A traffic impact study;
(t)
An environmental impact statement, which shall include the following:
[1]
A description of existing conditions in the area;
[2]
A land use history of the property;
[3]
A description of the proposed landfill and associated facilities;
[4]
An assessment of the proposed landfill on the natural environment, including summary descriptions, technical data, maps and diagrams, that specifically examines geology, topography, soils, slopes, hydrology, vegetation, wildlife and air quality;
[5]
A needs assessment showing how this proposed landfill complies with the Allegheny County Solid Waste Plan and justify the need for this additional landfill space;
[6]
The relationship of the proposed landfill to the surrounding community, including the impact on land use plans, policies and controls;
[7]
An inventory of private properties served by private water supplies within 3,000 feet of the permit area;
[8]
A historical record of previous landfill operations;
[9]
A description of existing conditions, including if a landfill exists, the construction details of that existing landfill and the effects of that landfill on the proposed development;
[10]
A historical record of mining and quarrying in the area, both surface and deep mining operations;
[11]
A chronological summary of methane gas and other gases in the area and methods for monitoring and controlling;
(u)
A description and schedule of the post-closure plan and future plans for the proposed landfill;
(v)
Site plan approval shall not be official until and unless the site plan as approved by Council and including all conditions of approval by Council is filed with the Zoning Officer within 90 days of action by Council;
(w)
Site plan approval is not official until required approvals are received from county, state and federal agencies. All approved plans, any amendments and/or any substantial changes must be submitted to the Municipality within 90 days from receiving permits from requisite county, state and federal agencies;
(x)
Site plan approval shall be valid for a period of one year following the applicant receiving permits from requisite county, state and federal agencies. If the proposed improvements are not under construction within one year of receiving requisite county, state and federal approvals, Council approval shall be void;
(y)
Once a year, during the anniversary month of site plan approval, the Planning Commission will review site compliance and performance. Recommendations will be forwarded to Council as to whether the zoning permit should be extended for another year.
§ 359-103 Outdoor dining area, accessory to principal use.
A.
Municipal zoning approval shall be required for the construction of an outdoor dining area that is an accessory use within a commercial zoned property. The application for building and zoning permits shall indicate the location of the proposed outdoor dining area, subject to the following provisions:
(1)
Accessory outdoor dining area is permitted where the pedestrian walkway is wide enough to adequately accommodate both the usual foot traffic in the area and the operation of the accessory outdoor dining activity. Accessory outdoor dining area shall leave not less than four consecutive feet of pedestrian pathway at every point, which is clear for unimpeded foot traffic. All fire hydrants, emergency exits, ADA[1] and pedestrian ingress and egress areas shall remain unobstructed and compliant with existing accessibility laws;
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(2)
No obstruction shall be placed within four feet of the curb;
(3)
The outdoor dining area shall not exceed 10% of the total gross floor area of the structure where the principal use is conducted, subject to a maximum of 721 square feet. Additional square footage for the outdoor dining area above 721 square feet shall require a variance from the Zoning Hearing Board;
(4)
There shall be no additional parking requirement for an outdoor dining area of 721 square feet or less. An outdoor dining area greater than 10% of the total gross floor area of the structure where the principal use is conducted, or an outdoor dining area that exceeds 721 square feet, shall only be permitted if granted by variance from the Zoning Hearing Board and shall be subject to the off-street parking requirements of this chapter for the portion of the square footage of the outdoor dining area that exceeds 10% of the total gross floor area of the structure where the principal use is conducted, or 721 square feet, whichever is applicable;
(5)
An outdoor dining area shall have a rope and stanchion as an enclosure unless some other barrier system is approved by the Municipality as an architectural design element;
(6)
An outdoor dining area shall be comprised of tables for dining. There shall be no standing room. No service equipment shall be permitted;
(7)
Furnishing for an outdoor dining area shall consist solely of moveable tables, chairs and decorative accessories. There shall be at least one table that is ADA-compliant;
(8)
An outdoor dining area shall not be enclosed whether temporary or permanent;
(9)
The parking requirement for the outdoor dining area shall be calculated in the same manner as prescribed the underlying use, with the exception of Subsection A(4) above.
(10)
Restaurant management shall be responsible for operating and supervising the outdoor dining area;
(11)
The outdoor dining area shall not encroach into any required front, side and rear yards or other leaseholds, ownership interests, or business interests;
(12)
The accessory outdoor dining area shall not encroach within 100 feet measured from the closest point of building or service area, to a building of residential use;
(13)
The outdoor dining area shall not encroach into designated parking areas;
(14)
Within 100 feet measured from the closest point of building or service area to building of a residential use, service to The accessory outdoor dining area shall be opened no earlier than 7:00 a.m. and closed no later than 11:00 p.m. prevailing local time;
(15)
The outdoor dining area shall be adjacent to the principal structure;
(16)
Outdoor entertainment shall be prohibited;
(17)
An outdoor dining area shall not be located nor impede within a designated fire lane nor shall be placed within four feet of any emergency exit and fire hydrant;
(18)
Prior to serving food or beverages outdoors, the establishment shall obtain all necessary permits from all governmental and municipal agencies having jurisdiction including, but not limited to, the Allegheny County Health Department and the Pennsylvania Liquor Control Board;
(19)
The outdoor dining area shall be closed no later than 11:00 p.m. prevailing local time;
(21)
The outdoor dining area shall comply with Allegheny County Health Department regulations;
(22)
No signs shall be permitted in the outdoor dining area except a two-foot-by-three-foot identification or menu sign;
(23)
All refuse shall be located indoors;
(24)
Sanitary cleaning of the outdoor dining area before, during and after food service shall be required;
(25)
The use of retractable awning shall be maintained at least eight feet above sidewalk level and shall not exceed 15 feet in height;
(26)
The use of removable umbrellas shall be maintained at least seven feet above sidewalk level and shall not exceed 15 feet in height;
(27)
No umbrellas or awnings shall block the view of any required safety signage;
(28)
Lighting shall be incorporated into the facade of the building and shall complement the style of the building. Lights on the building shall not be glaring to the pedestrians and shall illuminate only the outdoor dining area. General illumination shall be a minimum five footcandles with a maximum of ten footcandles;
(30)
Applicants shall provide information illustrating the intended location of the accessory outdoor dining area;
(31)
No outdoor dining area shall be established or operated without first obtaining an outdoor dining permit; subject to the licensing requirements in Chapter 256 of the Municipal Code, Mercantile (Business) Licenses, as amended. Said license shall not be transferable upon assignment or sale of said business. Applications are available through the Community Development Department.
(32)
The width of the outside dining area cannot exceed the width of the restaurant's facade; restaurants located on a corner may offer sidewalk food service at the corner and along the second sidewalk for a distance equal to the interior depth of the restaurant;
(33)
Outside cooking and food preparation is not permitted; and
(34)
No music or other audio performance may be broadcast in the sidewalk seating area or performed in the sidewalk seating area.
§ 359-104 Outdoor storage.
A.
Except for nurseries, garden supply, building supply and similar business, which customarily require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge, which is at least six feet in height. All other commercial activities shall take place within a completed enclosed building;
B.
Outdoor storage, shall be authorized only in nonresidential districts;
C.
Outdoor storage surface area shall be a dust-free, all-weather surface, such as asphalt, concrete or compacted gravel;
D.
Outdoor storage shall not be allowed in the front yard;
E.
Outdoor storage shall not occupy more than 10% of the entire lot area;
F.
All Outdoor storage shall be screened to ensure the area is not visible from the public right-of-way or adjacent residential districts;
G.
Screening shall be of sufficient height and density to screen storage from major highways, passenger rail-lines and other public accessways;
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.
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times;
K.
Outside storage shall not encroach upon the required parking or off street loading berth areas;
L.
Temporary outdoor storage of merchandise of a seasonal nature will be permitted by special permit if:
M.
The permanent outdoor storage of merchandise is prohibited and all operations of a business shall take place within a closed building, unless otherwise specified. Merchandise shall mean merchandise normally stocked for that business and replenished from new stock on a regular basis;
N.
Vehicles. Company vehicles operated daily in connection with a business may be parked on the premises after business hours. Fleets of company vehicles (three or more) operated daily in connection with a business cannot be parked on the premises after business hours if they exceed the size of a pickup truck or panel van. All other vehicles, except licensed school buses, shall remain on the premises only long enough to load, unload, or perform other functions incidental to the conduct of business;
O.
Shopping cart storage. Any establishment, which furnishes carts or mobile baskets as an adjunct to shopping, shall provide definite areas within the paved areas for storage of said carts. Each designed storage area shall be clearly marked for storage of shopping carts. Shopping carts shall be collected regularly and not create a safety hazard;
P.
Outdoor displays. Outdoor displays shall be allowed in the nonresidential districts subject to the following:
(1)
Outdoor displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall;
(2)
Such displays shall not be permitted to block fire lanes, windows, entrances or exits, and shall not impair the ability of pedestrians to use the building; and
(3)
Outdoor displays shall be temporary or seasonal in nature.
§ 359-105 Performance standards.
During the review of an application for Planning Commission review and Council approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of the following performance standards. In reviewing such documentation, the Municipality may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Municipality may seek advice from a qualified technical expert. All costs of the experts review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with the following performance standards shall be a basis for denying approval of the application:
A.
Air quality/emissions.
(1)
No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property or which can cause soiling of property (i.e., a rockcrusher producing dust that crosses a property line);
(2)
Any land use or activity that is a source of the emissions of smoke, particulate matter or other air pollutants shall comply with all appropriate governmental standards and regulations governing air quality and emissions. Any such land use or other activity shall obtain and maintain all necessary licenses and permits from all appropriate governmental agencies, regulations and laws.
B.
Electrical disturbances.
(1)
No activity shall cause any electrical disturbance adversely affecting radio or other equipment in the vicinity. The owner/operator shall comply with all governmental agencies, regulations and laws;
(2)
All activity must comply with the most recent National Environmental Policy Act (NEPA-Colo Report), National Historic Preservation Act and all appropriate governmental agencies, regulations and laws.
C.
Erosion.
(1)
No erosion that will carry objectionable substances onto neighboring properties shall be permitted.
D.
Fire protection.
(1)
Any use or development shall comply with all governmental agencies, regulations and laws.
E.
Hazardous materials.
(1)
Any land use or activity that involves the use of toxic, hazardous, or radioactive materials shall comply with all appropriate governmental agency regulations governing the use, storage, transportation, emission, and disposal of such materials. Any land use or other activity shall also obtain and maintain all necessary licenses from the appropriate governmental agencies.
F.
Lighting and glare. The following lighting requirements are provided to ensure coordinated, safe and functional lighting systems in all zoning districts. The site lighting requirements include:
(1)
All parking areas, driveways and loading areas, entryways and pedestrian paths shall be provided with a lighting system that shall furnish an average minimum 0.5 footcandle within such areas during hours of operation;
(2)
The height of a luminaire shall be limited as follows:
(a)
In any residential district, the maximum height permitted shall be 20 feet;
(b)
In any other district, the maximum height shall be 25 feet, except where otherwise specified;
(c)
Ball diamonds, playing fields and tennis courts having a unique requirement for nighttime visibility may be exempted from Subsection F(2)(a) and (b) if, in the judgment of the Municipal Council, their limited hours of operation and the location of the luminaires will adequately protect neighboring residential uses; and
(d)
The Municipal Council may further limit the height of luminaires when it is determined that proposed lighting may have a detrimental impact upon nearby properties;
(e)
Pedestrian areas, plazas and walk lights shall not exceed 15 feet in height and should be designed to be harmonious with light fixtures on-site;
(f)
All pedestrian areas, plazas and walks with steps or change of grade shall be suitably lighted at all times. Details of proposed lighting fixtures and supports and the locations thereof shall be submitted as required by this chapter;
(g)
The light intensity at any lot line shall not exceed 0.5 footcandle. Where light is reflected in a street area, the intensity measurement shall be made on the right-of-way line from where the light emanates and shall not exceed 0.5 footcandle at such point of measurement;
(h)
No use shall produce a strong light or reflection of a strong light or glare that is visible from any point along a lot line;
(i)
Feature lighting, such as uplighting of trees or other plant material, seasonal lighting, etc., shall be so arranged to reflect away from any residential structure;
(j)
Security lighting fixtures shall not project above the facade or roofline of any building and shall be shielded. Security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures and are restricted to lighting only loading and storage locations or other similar areas requiring security lighting;
(k)
For all nonresidential uses, service-area lighting shall be contained within the service yard boundary. No light spillover shall occur outside the service area;
(l)
Spotlights or other types of artificial lighting that provide a concentrated beam of light shall be directed so that the beam of light does not extend beyond any property lines;
(m)
No artificial lighting shall shine directly upon any neighborhood property or be so established that it shall shine directly upon any neighboring property or shall shine directly on or into any room or rooms, porches or patios of any neighboring property;
(n)
When practical, overhead wiring shall be avoided;
(o)
All lighting shall be appropriately shielded from traffic or any public right-of-way and from any residential zoning district;
(p)
Lighting devices that produce direct or reflective glare on adjoining properties or thoroughfares shall not be permitted; and
(q)
Photometric contour plans shall be provided to assure compliance with the requirements of this section.
G.
Odors.
(1)
For purposes of this subsection, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory systems of a panel of healthy observers. Continuous, frequent, or repetitive odors detectable after the odorous air has been diluted with five or more volumes of odor-free air shall be a violation of these standards.
(2)
No odors or malodors that are discernible on any adjoining lot or property shall be permitted.
(3)
No use other than agricultural in any zone may generate any odor that reaches the odor threshold, measured at:
(a)
The outside boundary of the immediate space occupied by the enterprise generating the odor;
(b)
The lot line if the enterprise generating the odor is the only enterprise located on the lot;
(c)
Exceptions:
[1]
An odor detected for less than 15 minutes per day is exempt; and
[2]
No violation shall occur if the person or business causing or allowing the emission of odorous air contaminants is employing the best available treatment, maintenance, and control currently available to maintain the lowest possible emission of odorous gases.
H.
Vibrations.
(1)
Vibrations that exceed the standards of all appropriate governmental regulatory agencies shall be prohibited.
(2)
Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this subsection.
(3)
No use in any permissible business zone may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot or the lot line if the enterprise is one of several located on a lot or the lot if the enterprise generating the vibration is the only enterprise located on the lot;
§ 359-106 Portable outdoor storage (shipping containers).
A.
It shall be unlawful for any person to place, cause or otherwise allow a portable storage unit or dumpster to be placed upon a property, street, sidewalk or driveway within the Municipality without first filing an application with the Municipality, and obtaining a permit from the Municipal Planning and Zoning Department. A permit fee (in an amount to be established from time to time by resolution of the Municipality of Monroeville Council) shall accompany the application. The duration of such permit shall be stated thereon, and the continued validity of such permit shall be contingent upon full compliance with the regulations set forth in this chapter;
B.
An application for a permit to temporarily place a portable storage unit or dumpster shall be filed by the property owner where such portable storage unit or dumpster is to be placed on or adjacent thereto;
C.
All permits issued shall cover only the property set forth in the permit application; however, in the event that it is necessary to replace a portable storage unit or dumpster unit that has been placed upon a property, driveway or street prior to completion of said work, additional permits shall not be required;
D.
There shall be no more than one portable storage unit or dumpster per lot;
E.
A portable storage unit shall be no larger than eight feet wide, 16 feet long and eight feet high;
F.
No portable storage unit or dumpster shall remain on a lot in a residential zoning district in excess of 30 days in any calendar year. The portable storage unit or dumpster shall be removed from the lot by the expiration date on the permit. In no event shall a permit be issued for consecutive periods as applicable;
G.
No portable storage unit or dumpster shall remain on a lot in a nonresidential zoning district in excess of 60 days in any calendar year. The portable storage unit or dumpster shall be removed from the lot by the expiration date on the permit. In no event shall a permit be issued for consecutive periods as applicable;
H.
A portable storage unit or dumpster shall be permitted during construction, reconstruction, alteration or renovation of the principal building for an additional period of three days before and after such activity, provided that all applicable permits have been issued by the Municipality. The portable storage unit or dumpster shall be removed from the lot before the Building Inspector issues an occupancy permit, or if the construction activity ceases for a period of more than 30 consecutive days;
I.
A portable storage unit or dumpster may be located on a lot during an emergency as declared by the appropriate federal, state, county or municipal agencies. The portable storage unit or dumpster shall be removed from the lot within seven days after the end of the emergency declaration;
J.
All portable storage units or dumpsters shall be on the lot for which the applicable permits have been issued and the activity is being performed;
K.
The placement of a portable storage unit or dumpster must be temporary in nature and must be one that can be readily removed;
L.
Where possible, the portable storage unit or dumpster shall be placed on a paved surface to the rear or side of the principal structure;
M.
When placed on the driveway or paved area in the side or rear yard, portable storage unit or dumpster shall be placed at least 10 feet from any property line, space permitting;
N.
A portable storage unit or dumpster shall bear the name and telephone number of the company;
O.
No street shall be closed for the placement or utilization of a portable storage unit or dumpster;
P.
No portable storage unit or dumpster may be placed on any arterial or collector roads in the Municipality, or within any prohibited or restricted areas;
Q.
Each of the portable storage unit or dumpster rollers, wheels or feet must be placed upon a wooden pad of at least 12 inches by 12 inches and at least 3/4 of an inch in thickness, or on a similar protective device to prevent damage to the road surface. If any damage or injury to the cartway, curb or sidewalk shall be caused or done by the use or occupancy of any street or road hereunder, the party to whom such permit shall have been issued shall be responsible and liable for the same and shall restore the cartway, curb and/or sidewalk to its original condition within 14 days of notice from the Municipality. If the permittee refuses to properly restore the cartway, curb and/or sidewalk to its original condition, the Municipality may do so and collect the cost of the same from the permittee;
R.
The Zoning Officer shall not permit a portable storage unit or dumpster to be placed on a Municipal street. The Municipal Police may permit placement of a portable storage unit or dumpster if the following is determined:
(1)
A portable storage unit or dumpster placed upon a street shall not be placed within 40 feet of an intersection or within 15 feet of a stop sign;
(2)
A portable storage unit or dumpster shall not be placed within 15 feet of a fire hydrant;
(3)
A portable storage unit or dumpster shall not be placed within 10 feet of a driveway or opposite a driveway;
(4)
A portable storage unit or dumpster shall not be placed on the side of any street that is posted "no parking this side of street";
(5)
A portable storage unit or dumpster placed upon a street shall bear reflective markings in sufficient positions and with sufficient reflective capacity to provide reasonable warning to approaching nighttime traffic of its location;
(6)
Placement of the portable storage unit or dumpster on the street abutting the property or on the property's driveway will not create a safety hazard to or endanger the free flow of pedestrians or vehicles;
S.
There shall be no advertising on the portable storage unit or dumpster with the exception of the name and phone number of the unit's supplier, which is required;
T.
Sanitation. The following requirements shall be maintained while a portable storage unit or dumpster is on or at the site:
(1)
The area around the portable storage unit or dumpster shall be kept free of debris and litter;
(2)
Any dumpster into which animal or vegetable waste or material has been dumped or deposited shall be removed or emptied within 24 hours;
(3)
Any dumpster producing or causing noxious, foul or offensive odors shall be immediately removed or cleaned to eliminate the odor; and
(4)
A full dumpster shall be removed from the property within two days;
U.
Application for a permit shall be made to the Municipality of Monroeville Zoning Officer on a form provided by Municipality of Monroeville. The Zoning Officer shall determine the most appropriate location for the portable storage unit or dumpster to be placed on the lot. A permit fee (in an amount to be established from time to time by resolution of the Municipality of Monroeville Council) shall accompany the application. The issuances of a permit shall allow the applicant to place the portable storage unit or dumpster on the subject lot in the location specified in the permit in conformance with the requirements of this chapter. The permit shall be posted in plain view on the subject lot;
V.
Violations and abatement:
(1)
Any portable storage unit or dumpster not in compliance with this chapter is hereby declared to be a public nuisance and may be abated by the Municipality at the owner's or responsible person's expense. Abatement shall, at the Municipality's option, include the removal and/or the emptying of the dumpster and/or portable storage unit as the case may be;
(2)
Violation of any provision of this chapter shall be punishable by a fine in an amount of not more than $500 plus $50 per day the violation continues; and
(3)
A person found guilty of a violation of this chapter shall be ordered to abate the problem and pay the costs incurred by the Municipality if the Municipality abated the problem.
§ 359-107 Recreational vehicles and motorized recreational equipment.
Recreational vehicles and motorized recreational equipment, including but not limited to recreational vehicles; campers; trailers; motor homes; all-terrain vehicles; quads; boats, boat trailers and watercraft; snowmobiles; and motorcycles shall be subject to the following requirements:
A.
No recreational vehicle shall be erected, used, or maintained for living or residential purposes in the Municipality;
B.
Recreational vehicles shall be parked or stored in a garage or rear yard. When parked in the rear yard, the recreational vehicle must be fully screened from adjacent residential properties using a privacy fence or evergreen vegetation; and
C.
Recreational vehicles shall not be stored or parked on a public street or in the front or side yard of a lot.
§ 359-108 School.
A.
A traffic impact study shall be required;
B.
The school shall have access directly to a public road;
C.
Buildings on the lot shall be set back at least 40 feet from all property lines and shall be no higher than 35 feet;
D.
Recreational areas shall be located no closer than 30 feet to an abutting street or 30 feet from other property lines;
E.
The school's course of instruction or other activities on the lot shall not create noise, dirt, glare, dust or other nuisances onto adjacent properties;
F.
Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;
G.
Safe vehicular access and areas for discharging and picking up children shall be provided in the following manner:
(1)
Minimum dimensions of discharge and pickup areas shall measure 10 feet in width and 50 feet in length;
(2)
Discharge and pickup areas shall be so located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the discharge and pickup without obstructing or interfering with the use of any public right-of-way, any parking space, or parking lot aisle; and
(3)
No area allocated as a discharge and pickup area may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for discharge and pickup areas. All off-street discharge and pickup areas shall be separated from walkways, sidewalks, parking lot aisles, streets, and alleys by curbing or other protective devices as approved by the Municipality;
§ 359-109 Solar energy facility accessory to principal use.
Also see "solar energy facility (solar photovoltaic systems), principal use" in Article V, Conditional Use.
A.
Municipal zoning approval shall be required for the construction of any solar energy facility that is an accessory use on any site or lot. The application for building and zoning permits shall indicate the location of the proposed solar energy facility, including the percentage of roof coverage, if the facility is mounted on a building;
B.
The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffer yards, and screening of ground mounted electrical and control equipment;
D.
Construction of any solar energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Municipality;
E.
To the extent applicable, all solar energy facilities shall comply with the state Uniform Construction Code and the regulations adopted by the state Department of Labor and Industry;
F.
All electrical components of solar energy facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards;
G.
Solar energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety;
H.
Solar energy facilities shall not display advertising, except for reasonable identification of the facility manufacturer;
I.
Transmission and power lines shall be placed underground or out of sight;
J.
All solar energy facilities shall not exceed a maximum height of 15 feet measured from grade, except when the solar energy facility is located on the roof of the principal structure wherein said solar energy facility shall not exceed 10 feet from the of the roof;
K.
All solar energy facilities shall not exceed 30% of the rear yard area;
L.
Solar energy facilities shall only be located in the rear yard or roof of the principal structure. Where no such setback is specified, the solar energy facility shall be no closer than 10 feet from all property lines; and
M.
No solar energy facility shall be attached to a tree, or any other natural object or structure not intended to support such a solar energy facility.
§ 359-110 Swimming pools accessory to principal use.
A.
The swimming pool is intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located;
B.
The swimming pool shall meet regulations of all applicable governmental agencies, including, but not limited to, International Property Maintenance Code, the Allegheny County Health Department; and
C.
The swimming pool, including any deck areas or ancillary structures, shall meet all yard and setback requirements. Swimming pools shall be located in the rear yard of a zoning lot only and shall be setback at least 10 feet from the side and rear lot lines.
§ 359-111 Temporary memorial displays.
A.
In the event of the death of an individual on or near a public road, for a period of two weeks following such death, the Municipal Manager may permit a temporary memorial display. The display must not interfere with vehicular traffic within the public right of way;
B.
No part of the display shall be within the cartway or roadway or any driveway, shall be at least five feet from the edge of the cartway and shall not block any sidewalk;
C.
Such display may not be composed of materials that are subject to blowing on to the public roadway or private property;
D.
Such display may not rise over two feet in height;
E.
Such display may not contain any electronic lighting;
F.
The Municipal Manager may remove part or all of components of a temporary memorial display that in the opinion of the Municipal Manager do not meet all of the conditions noted in this section;
G.
The Municipal Manager may require a temporary memorial display be moved to a different location determined by the Municipal Manager in the Municipal Manager's sole discretion for the purpose of public convenience or safety; and
H.
Any temporary memorial display shall be removed within two weeks following the death of the individual memorialized. If the temporary memorial display is not removed, the Municipal Manager shall arrange for the removal of the temporary memorial display and disposition of its contents as the Manager may determine appropriate.