Moon Township City Zoning Code

Creates electrical interference with navigational signals or radio communication between the airport and aircraft.

Makes it difficult for pilots to distinguish between airport lights and other lights.

Results in glare in the eyes of pilots using the airport.

Impairs visibility in the vicinity of the airport.

Creates bird strike hazards.

Otherwise, in any way, endangers or interferes with the landing, take-off or maneuvering of aircraft intending to use the airport.

Any construction or alteration of more than 200 feet in height above the ground level at its site.

Any construction or alteration of greater height than the imaginary surface(s) extending outward and upward from the FAA and PennDOT runway approach regulations and as illustrated on the Airport Zone Overlay District Map.

Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an interstate highway that is part of the National System of Military and Interstate Highways, where over-crossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater for a private road, 23 feet for a railroad and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed the height limitations of the imaginary surface(s) illustrated on the Airport Zone Overlay District Map.

Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height and would be located in the congested area of city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.

Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.

Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of any type approved by the FAA or the PennDOT Bureau of Aviation, the location and height of which is fixed by its functional purpose.

Any construction or alteration for which notice is required for any other FAA regulation.

To facilitate the enhancement of the existing mixed use development of the area.

To maintain and promote the significance of this area as the heart of the Township, which provides neighborhood scale services to Township residents.

To facilitate safe pedestrian access through the development of streetscape amenities.

To provide for a mix of mutually supportive uses that are unified by the streetscape design.

To maintain the diverse mix of uses in the CVO District such as: high-density residential, office, retail, education and government services.

To implement a community objective from the Comprehensive Plan.

To permit uses that promote conversion or reuse of existing buildings in a manner that maintains the character and scale of existing development within the CVO District.

To recognize the historical significance of the area of the Township known as Carnot.

New Construction. In the event a new building is to be constructed, all the design standards checked in Column 1 of Table 27-7 (CVO District Implementation Requirements) shall apply to the entire lot on which the new building is located.

Exterior Improvements Requiring Building Permit.

Item Being Improved. In the event the specific item checked in Column 3 of Table 27-7 (CVO District Implementation Requirements) is to be replaced, altered or expanded (as distinguished from repaired or maintained) and the cost is in excess of the amounts referenced below, as determined by the Township, the expansion or alteration of each such item shall comply with the design standards for that specific item.

Change in Use. In the event a business is applying for a zoning and occupancy permit and the use is different from the previous use in that space, those design standards checked in Column 4 of Table 27-7 (CVO District Implementation Requirements) shall apply to the entire lot upon which the business is proposing to occupy. This § 27-303, Subsection 5D, shall not apply to multi-tenant buildings when the gross floor area occupied by the changed use consists of less than 25% of the total gross floor area in a multi-tenant building.

Building Setback, Placement, Size, Height and Coverage.

Minimum Landscaping Requirement. Ten percent of a lot shall be landscaped in accordance with the requirements of §§ 27-214 and 27-215 of this chapter.

Streetscape Plantings. Bufferyards shall be provided along the Beaver Grade Road and Carnot Road right-of-way, subject to the following restrictions:

Signage. Signs shall be permitted as provided for in Part 7 of this chapter, with the following additions and exceptions:

To create a district with regional scale mixed use development serving a trade area defined in the Beers School Road Strategic Plan dated July 2002.

To establish a safe environment for pedestrians who utilize facilities along University Boulevard such as: schools, shopping centers, hotels, restaurants and public transportation.

To implement an action item in the Comprehensive Plan.

New Construction. In the event a new building is to be constructed, all the design standards checked in Column 1 of Table 27-8 (UBO District Implementation Requirements) shall apply to the entire lot on which the new building or structure is located.

Exterior Improvements Requiring Building Permit.

Item Being Improved. In the event the specific item checked in Column 3 of Table 27-8 (UBO District Implementation Requirements) is to be replaced, altered, or expanded (as distinguished from repaired or maintained) and the cost is in excess of the amounts referenced below, as determined by the Township, the expansion or alteration of such item shall comply with the design standards for that specific item.

Change in Use. In the event a business is applying for a zoning and occupancy permit and the use is different from the previous use in that space, those design standards checked in Column 4 of Table 27-8 (UBO District Implementation Requirements) shall apply to the entire lot upon which the business is proposing to occupy. This § 27-307, Subsection 5D, shall not apply to multi-tenant buildings when the gross floor area occupied by the changed use consists of less than 25% of the total gross floor area in a multi-tenant building.

Building Setback, Placement, Size, Height and Coverage.

Streetscape Plantings. Bufferyards shall be provided along the University Boulevard right-of-way, subject to the following restrictions:

Signage. Signs shall be permitted as provided for in Part 7 of this chapter, with the following additions and exceptions:

First Floor Transparency.

Facades.

Exterior Wall Materials.

Roofs. All structures with flat roofs must have parapets concealing flat roofs and rooftop equipment. Variations in the roof form and profile are encouraged for large roof areas.

Doorways and Entrances. All buildings shall provide a prominent and highly visible street-level doorway or entrance along the front or side of the building which faces a street.

Frontage. Storefronts and display windows are encouraged along frontages. There shall be at least one entrance accessible to the public for every 100 feet of frontage.

First Floor. The first floor along store frontages shall be architecturally distinguished from the upper floors by change in material, scale of openings, change of plane, string courses, or other similar means.

Design Elements. All buildings shall incorporate a minimum of four of the following design elements:

Corporate Identities. Treatments on buildings that constitute a corporate identity are discouraged and therefore shall be limited to the greatest extent possible.

Sidewalks are required.

Sidewalks shall be constructed in accordance with the Township Standard Details and installed to connect to the lot line of adjacent lots. Sidewalks shall be a minimum of five feet in width and shall ideally be located so as to provide a landscaped planting strip between the street curb and sidewalk. Sidewalks may be located within the required bufferyard.

A continuous internal walkway shall be provided from the public sidewalk along the street to the principal customer entrance of any retail, commercial or office use. This internal walkway must feature landscaping, benches, and other pedestrian amenities for no less than 50% of its length. Internal walkways shall be distinguished from driving surfaces through the use of materials containing contrasting color and textures than the driving surface special pavers, bricks or scored concrete to enhance pedestrian safety and the attractiveness of the walkways.

The requirements of § 27-308, Subsection 2, of this chapter can be met by the placement of sidewalks within a street right-of-way controlled by PennDOT, provided the same is consistent with the design requirements of and approved by PennDOT.

Pedestrian lights are required and shall be installed adjacent to all sidewalks and walkways.

The type, style, operation and location of pedestrian lights shall be in accordance with the Township Standard Details.

Illumination levels shall provide for adequate safety, yet not detract from or overly emphasize the street or create a distraction for the traveling public.

Along collector streets within the UBO District, pedestrian lighting shall not exceed 15 feet in height and shall be provided in accordance with the Township Standard Details and a Township approved photometric plan.

Shared Driveway Entrances. In order to reduce pedestrian and vehicular conflict, shared driveway entrances and access drives are encouraged.

Number of Driveway Entrances.

Spacing. Spacing of driveway and access drive entrances shall be determined in accordance with the following schedule:

Township Standard Details. Driveways, access drives and curb cuts shall comply with the Township Standard Details.

Incentive Bonus. When two adjacent property owners agree to combine access points on a street without proceeding under § 27-308, Subsection 8 (Deviation by Conditional Use), of this chapter, the property owners shall be entitled to an incentive bonus, in which case the required number of parking spaces would be reduced by 15% for each development, or the lot coverage of each development may be increased by 10%. The selection of the specific incentive bonus shall be at the discretion of the property owners.

Alignment. Driveways, access drives and curb cuts shall have direct alignment with driveways, access drives and curb cuts on opposing lots.

All building mechanical systems such as air conditioning units, exhaust systems, satellite dishes, fire escapes, elevator housing, and other similar elements (including dumpsters) shall be integrated into the overall design and character of the building and shall be screened from view of all streets and adjacent properties.

The use of exterior mechanical systems shall be limited to the greatest extent possible.

Landscaping and other screening devices, including decorative fencing, shall be used to soften the view of these features from adjoining properties, pursuant to an approved landscape plan.

Loading docks, trash collection, and similar facilities, shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.

Loading dock facilities shall be screened by a solid masonry wall at least six feet in height.

Trash collection and similar facilities shall be completely enclosed within a masonry wall or fence, at least six feet high, on three sides and a self-closing opaque gate on the fourth side so as to maintain a 100% visual blockage on all sides.

Dumpster areas shall have hardened, stabilized surfaces constructed to prevent accumulation of stormwater runoff.

Design. Off-street parking areas shall be designed to reduce the negative visual effects of vast paved areas and contain landscaped planting islands and defined landscaped pedestrian walkways.

Location. No corner lots in the UBO District and CVO District shall be used solely for off-street parking areas, unless the parking area serves as a shared parking area.

Screening of Parking Areas. Parking areas shall be screened from the view of streets.

Interconnection of Off-Street Parking Areas Incentive Bonus. When two adjacent property owners agree to provide for interconnection of off-street parking areas as set forth in this subsection without proceeding under § 27-308, Subsection 8 (Deviation by Conditional Use), of this chapter, the property owners shall be entitled to an incentive bonus, in which case the required number of parking spaces would be reduced by 15% for each development, or the lot coverage of each development may be increased by 10%. The selection of the specific incentive bonus shall be at the discretion of the property owners. The requirements for interconnection of parking areas are as follows:

Off-Street Parking Area Lighting. Streetlights shall be provided within off-street parking areas in accordance with the Township Standard Details. The type, style, operation and location of streetlights shall be in accordance with the Township Standard Details.

Promote the retention of community character through preservation of the local heritage by recognizing and protecting historic and cultural resources;

Establish a clear process by which proposed changes affecting historic resources are reviewed;

Mitigate the negative effects of proposed changes affecting historic resources;

Encourage the continued use of historic resources and facilitate their appropriate rehabilitation and adaptive reuse;

Encourage the preservation of historic settings, main structures, streetscapes and landscapes;

Discourage the demolition of historic resources;

Encourage pleasing and harmonious relationships between old and new buildings and structures that will maintain and strengthen the architectural character of the historic overlay district; and

Implement the following sections of the Pennsylvania Municipalities Planning Code: 603(g)(2), which states that "Zoning ordinances shall provide for protection of natural and historic features and resources"; 604(1), which states that "The provisions of zoning ordinances shall be designed to promote, protect and facilitate any or all of the following:... preservation of the natural, scenic and historic values..."; and 605(2)(vi), whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.[1]

All of the provisions of the applicable underlying zoning districts shall continue to apply in addition to the provisions of this Part. In the event of a conflict between the provisions of the MCHO District and the underlying zoning district, the provision that is most restrictive shall apply.

Should the boundaries of the MCHO District be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.

Establishment and membership.

Functions and duties. In accordance with the purposes of this Part, the Advisory Committee shall have the following functions and duties:

General Requirements. Buildings shall not be demolished, removed or otherwise relocated unless approval has been granted under this Part.

Application Procedures. A completed application shall be submitted to the Zoning Officer, who shall forward a copy of the application to the MCHO Advisory Committee for review and recommendation in the time frames provided in this chapter. The application shall include the following:

Demolition by Neglect.

Unoccupied buildings and structures shall be properly sealed, fenced off, and utilities turned off for safety, at the owner's expense, in accordance with the provisions of the Township's Building and/or Property Maintenance Code, and the National Park Service Preservation Brief # 31 should be used as a resource. The interior and exterior of the building shall be inspected no less than annually by the Zoning Officer, Building Codes Officer, and the owner or person with interest in real property or designated agent to determine maintenance requirements.

Emergency Exception. If, in the interest of public health or safety, or due to urgent circumstances beyond the control of the property owner or his agent, an immediate demolition permit is required, the Zoning Officer may issue such permit in accordance with the Township's Building and/or Property Maintenance Code, without the review of the project by the MCHO Advisory Committee. The Zoning Officer shall report this emergency activity to the MCHO Advisory Committee.

General Requirements. No permits for new principal buildings shall be issued until review and recommendations are received by the MCHO Advisory Committee. Applications shall be made to the Zoning Officer, who will forward the forms to the MCHO Advisory Committee in the time frame provided for in this Part. The applicant is encouraged to attend the public meeting with the MCHO Advisory Committee.

New construction of principal buildings in the Historic Overlay will be permitted if it complies with the lot and building dimensional requirements and design standards of the underlying zoning district, ensuring the new building is consistent and compatible with the scale and basic design elements of adjacent and surrounding buildings and with distinguishing site design elements of the district. The intent is not to require or encourage new buildings to look like old buildings, but to assure pleasing and harmonious relationships between old and new that will maintain and strengthen the architectural character of the MCHO. The following design elements will be considered:

Application Procedures. Applications for any proposed new construction of principal buildings shall comply with the provisions in this Part in addition to the provisions of the Building Code and Property Maintenance Code requirements. The completed application shall be submitted to the Zoning Officer and shall include:

General Requirements.

Standards for Alterations, Additions, Reconstruction and Rehabilitation.

Application Procedures. The completed application for alterations, additions, reconstructions or rehabilitation shall be submitted to the Zoning Officer and shall include:

Completed applications must be submitted to the Zoning Officer to be placed on the agenda for review at a meeting of the MCHO Advisory Committee. Said meeting shall be held within 30 days of receipt of the completed application.

Applicant Notification. The applicant shall be notified of the date, time and place at which the MCHO Advisory Committee shall meet to review the application by the Zoning Officer. The applicant is encouraged to attend to explain the application.

Criteria for Deliberation. The MCHO Advisory Committee shall use "The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings" and the design elements set forth in this chapter. Any proposed work requiring a building permit shall be in substantial compliance with the said applicable guidelines and standards.

The MCHO Advisory Committee's recommendations shall be in writing and shall include findings of fact related to the specific proposal and shall set forth the reasons for the recommendation for approval, with or without conditions, or for denial.

The Zoning Officer shall review the recommendations of the MCHO Advisory Committee and shall take action upon the permit application in accordance with the provisions of this chapter and the Municipalities Planning Code[4] and within the time limits.

In-kind replacements of windows, doors, coal chutes and front porches according to the Design Guidelines.

Replacement of roofs and siding with look-alike products according to the Design Guidelines.

Pointing or repointing of masonry.

Sheds.

Driveways.

Fences.