Moon Township City Zoning Code

General. Accessory structures shall occupy the same lot as the principal use, principal building, or principal structure. All accessory structures shall comply with the requirements of §§ 27-211, 27-214 and 27-215 of this chapter, except as provided in this section.

Setback Requirements. No accessory structures shall be permitted to be located in any portion of the rear yard, side yard or front yard, except:

Height. No accessory structures shall have a height greater than the principal structure on the subject property.

Separation from Principal Building. All accessory structures, except swimming pools, shall be separated from the principal building or structure by at least eight feet. If the separation distance between an accessory structure and principal building or structure is less than eight feet, then the accessory structure shall be considered attached to the principal building or structure and must meet all minimum dimensional requirements for the principal building or structure.

Exterior Finish. All accessory structures shall comply with the exterior finish requirements of § 27-519 of this chapter.

Construction. No accessory structure shall be constructed upon a lot until the construction of the principal building or structure has actually been commenced.

Private Garages and Sheds.

Service Structures. Service structures shall comply with the service structure landscaping and screening requirements contained in § 27-215 of this chapter.

Satellite Dish. An accessory structure used as a satellite dish shall be in accordance with provisions of this Part.

Retaining Walls.

Accessory Use. Notwithstanding the fact that accessory uses may be listed as a permitted use in a zoning district under Table 27-1 (Use Table) of this chapter:

Fences, hedges and other plantings shall comply with the clear sight triangle requirements of § 27-505 of this chapter.

A fence is permitted in the front yard provided that it complies with the following requirements: (1) the fence shall be located at least 12 feet from the cartway and shoulder of the street; and (2) the fence shall not be located within the street right-of-way. A fence is permitted to be located in the side yard and rear yard.

Fences shall be erected to a height not exceeding six feet, except as otherwise provided or required by this chapter.

Barbed wire or other sharp pointed material shall not be used in the construction of a fence unless said material is at least eight feet above the ground level and supported by fencing across its entire length, except where used to contain livestock.

A permit under this chapter shall not be required to construct, maintain or alter a fence that has a height of six feet or less.

If a fence is erected up to the lot line, the Township shall not be responsible for determining the location of the lot line. The owner of the subject property shall be responsible for determining the location of his lot lines and any claims which arise out of the erection of a fence shall be the responsibility of the person who erected the fence.

The swimming pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

The swimming pool may be located only in the rear yard or side yard of the property on which it is an accessory use.

The swimming pool, including any walls or paved areas or accessory structures adjacent thereto, shall comply with the setback requirements of this chapter.

The swimming pool area or the entire property on which it is located shall be so walled or fenced or otherwise protected and secured as required by the Construction Code [Chapter 5, Part 1] and the Property Maintenance Code [Chapter 5, Part 2].

Satellite Dish Antennas 1 Meter or Less in Diameter. A satellite dish antenna may be permitted as an accessory structure provided that no satellite dish antenna one meter or less in diameter shall be located in any front yard, unless a variance is granted by the Zoning Hearing Board upon presentation of evidence establishing that the placement of the antenna in the front yard is the only feasible method of obtaining reception because of the physical characteristics of the lot and the location of existing structures on the lot.

Satellite Dish Antennas over one Meter in Diameter. A satellite dish antenna over one meter in diameter shall be permitted as an accessory structure subject to the following requirements:

Any freestanding antenna which is not attached to a dwelling or other principal structure shall be located at least 15 feet from any dwelling unit or principal structure on the lot.

Antennas and associated structures which do not exceed 30 feet in height shall be located at least 15 feet from any property line. Antennas which exceed 30 feet in height shall provide an additional one foot of clearance from the property line for every one foot of height in excess of 30 feet.

Antennas shall not be permitted in any front yard.

The antenna and associated structures shall be securely anchored in a fixed location on the ground and shall otherwise be constructed in accordance with the applicable provisions of the Construction Code [Chapter 5, Part 1]. The applicant shall provide the Township with qualified evidence that the proposed structure will withstand wind and other natural forces and will comply with the applicable provisions of the Construction Code [Chapter 5, Part 1].

The antenna and its associated supports, such as guide wires, or the yard area containing the structure shall be protected and secured to guarantee the safety of the general public. Associated supports and guide wires shall not be located closer than five feet to any property line.

The antenna-related structures located on the ground shall be screened with landscaping or 100% opaque fencing.

The antenna and its associated structure shall comply with all applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Commonwealth Bureau of Aviation regulations and applicable airport zoning regulations, including the AZO Airport Zone Overlay District requirements of Part 3 of this chapter.

Communications antennas shall only be permitted where mounted or located on nonresidential buildings, light poles/standards, or utility transmission poles.

Communications antennas shall be designed and maintained to blend in with the existing structure to the greatest extent possible, and shall be designed and maintained to blend in with the existing surroundings to the greatest extent possible. Further, communications antennas mounted or located on a building roof shall comply with the screening requirements of § 27-520 of this Part.

Communication antennas shall be subject to the following size limitations:

The antenna shall be no more than 12 feet higher than the structure on which it is to be mounted and shall be designed so as to have minimal visual impact to the building or structure, utilizing techniques such as being the same color as the building or structure on which it is located.

There shall be no minimum building setback requirements for the antenna.

Any existing or newly constructed light pole/standard or utility transmission pole may be constructed, reconstructed or altered for the purpose of accommodating the location and/or installation of communications antennas, provided that the height of the light pole/standard or utility transmission pole, once constructed, reconstructed or altered, shall not exceed 65 feet.

All communications antennas shall be operated so that they will not cause interference with other communications antennas.

The communications antenna and associated structure shall be designed and constructed in accordance with the applicable provisions of the Construction Code [Chapter 5, Part 1].

The antenna and its associated structure shall comply with all applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Commonwealth Bureau of Aviation regulations and applicable airport zoning regulations, including the AZO Airport Zone Overlay District requirements of Part 3 of this chapter.

Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit to the Township:

Any accessory communications equipment structure shall comply with the following requirements:

The surface of off-street parking and loading spaces shall be paved in accordance with the requirements of Part 6 of this chapter and shall protect the surrounding neighborhood from inappropriate dust and other disturbances.

The point of vehicular access for such airport cargo facility shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on Business Loop 376 (SR 3160).

Storage or transfer of hazardous, toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be permitted only when conducted in strict compliance with applicable federal and state regulations.

The height of the proposed buildings and structures that are used for nonaviation purposes shall be subject to the requirements of the AZO Airport Zone Overlay District (Part 3) and approval by the Federal Aviation Administration (FAA).

Required Bufferyards.

No outdoor pens shall be constructed or provided.

Noise shall not exceed the levels as outlined as acceptable within the performance standards of Part 4A of this chapter.

No overnight boarding facilities shall be provided.

Operations shall be limited to one grooming table.

Hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m., prevailing time.

Off-street parking shall be provided for one employee on duty and two patrons maximum.

The facility shall be licensed by the Department of Public Welfare. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning and occupancy permit for the use. Copies of this valid license shall also accompany the annual operating report to be filed with the Township Police Department and Township Fire Department.

A minimum area for indoor play shall be provided at a ratio of 40 square feet per child.

A minimum area for outdoor play shall be provided at a ratio of 65 square feet per child using the outdoor play area. Long, linear configurations shall be avoided to assure the functionality of the space as an outdoor play area. The outdoor play area shall also:

Safe vehicular access and areas for discharging and picking up children shall be provided.

The facility shall be licensed by the Department of Public Welfare, or other appropriate state agency. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning and occupancy permit for the use. Copies of this valid license shall also accompany the annual operating report to be filed with the Township Police Department and Township Fire Department.

A facility which provides child care shall provide a minimum area for indoor play at a ratio of 40 square feet per child.

A facility which provides child care shall provide a minimum area for outdoor play at a ratio of 65 square feet per child using the outdoor play area. Long, linear configurations shall be avoided to assure the functionality of the space as an outdoor play area. The outdoor play area shall also:

Safe vehicular access and areas for discharging and picking up facility attendees shall be provided.

The number of residents shall be limited to no more than six persons.

Where applicable, a license or certification shall be obtained from the Commonwealth of Pennsylvania or County of Allegheny prior to the issuance of a certificate of occupancy.

The operator of the group residence shall provide the Zoning Officer with:

A change in ownership or operators of the group residence or a change in basic operating procedures or general service provisions or conditions of approval shall constitute a new use requiring a new zoning and occupancy permit.

The use and buildings shall comply with the Construction Code [Chapter 5, Part 1].

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no more than one employee other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights; except that the name of the business may be indicated on the residence mailbox, as long as the mailbox sign does not exceed one square foot in area.

The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in a neighborhood.

The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business shall not involve any illegal activity.

Residential recreation facility uses are specifically limited to the following:

Accessory uses to the residential recreation facility are specifically limited to the following:

The use shall not include outdoor lighting, except for safety/security lighting which shall be a maximum of two footcandles measured at three feet above ground level. Such lighting shall not spill over onto adjacent properties and the illumination level shall be a maximum of 0.1 footcandle when measured from an adjacent lot line. The maximum height of freestanding poles for safety/security lighting shall not exceed 25 feet.

The use shall not generate noise in excess of 75 dB(A) at the lot line between the hours of 10:00 p.m. and 7:00 a.m., prevailing time. For purposes of this section, this noise restriction shall be measured from any lot line of property owned by a person or entity other than the owner of the subject recreation facility. Outdoor speakers shall not be used between the hours of 10:00 p.m. and 7:00 a.m., prevailing time. The volume and direction of outdoor speakers shall be regulated to minimize impact on adjacent properties.

Any outdoor facility within 300 feet of an existing dwelling shall cease operations by no later than 10:00 p.m., prevailing time.

Operations shall be regulated so that nuisances, such as visual blight, glare and noise as defined by Part 4A of this chapter, shall not be created.

The owner and operator of the facility shall be responsible for the conduct and safety of the employees, members, customers, visitors and guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the employees, members, customers, visitors and guests.

Vehicular and pedestrian access to the proposed development shall be provided and designed to maximize pedestrian and vehicle safety.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

A traffic impact study shall be required when determined necessary by the Township Traffic Engineer based upon a review of the proposed development, the scope of anticipated traffic and the traffic issues on adjacent streets. Any required traffic impact study shall comply with § 27-522 of this chapter.

Adequate water and sanitary facilities shall be provided that are available for public use.

Off-street parking shall be provided and maintained in accordance with a Township-approved parking needs analysis. See § 27-602, Subsection 4, of this chapter. Minimum suggested parking spaces for sports fields and swimming pool:

Any recreation facility in existence in the Township prior to April 9, 2015, may continue and shall not be required to comply with the requirements of this § 27-518 to the extent of the scope of nature of the use existing as of that date. Any such facility may be expanded without having to comply with the requirements of this § 27-518 provided said expansion:

There shall be no more than one portable storage unit per lot.

A portable storage unit shall not be placed within a street right-of-way.

A portable storage unit shall be no larger than eight feet wide, 16 feet long and eight feet high.

No portable storage unit shall remain in a residential zoning district in excess of 14 consecutive days, and portable storage units shall not be placed on a lot in a residential zoning district in excess of 30 days in any calendar year. The portable storage unit shall be removed from the lot by the expiration date on the zoning and occupancy permit for the subject portable storage unit issued by the Zoning Officer.

No portable storage unit shall remain on a lot in a nonresidential zoning district in excess of 30 consecutive days, and portable storage units shall not be placed on a lot in a nonresidential zoning district in excess of 45 days in any calendar year. The portable storage unit shall be removed from the lot by the expiration date on the zoning and occupancy permit for the subject portable storage unit issued by the Zoning Officer.

A portable storage unit shall be permitted during construction, reconstruction, alteration or renovation of the principal building and for an additional period of three calendar days before and after such activity, provided a building permit has been issued by the Township. The portable storage unit shall be removed from the lot before the Code Official issues a certificate of occupancy under the Construction Code [Chapter 5, Part 1], or if the construction activity ceases for a period of more than seven consecutive calendar days.

A portable storage unit may be located on a lot during an emergency situation as declared by the appropriate federal, state, county or Township agency pursuant to a temporary permit issued by the Zoning Officer. The portable storage unit shall be removed from the lot within seven calendar days after the end of the emergency declaration by the appropriate federal, state, county or Township agency.

It shall be unlawful for any person to place, or permit the placement of, a portable storage unit on property which he or she owns, rents, occupies or controls without first having obtained a zoning and occupancy permit for the subject portable storage unit from the Zoning Officer.

Application for a zoning and occupancy permit for a portable storage unit shall be made to the Zoning Officer on a form provided by the Township. The Zoning Officer shall determine the most appropriate location for the portable storage unit to be placed on the lot. The permit fee, in an amount to be established from time to time by resolution of the Township Board of Supervisors, shall accompany the application. The issuance of a zoning and occupancy permit for the portable storage unit shall allow the applicant to place the portable storage unit on the subject lot in the location specified in the permit in conformance with the requirements of this chapter. The zoning and occupancy permit for the portable storage unit shall be posted in plain view on the subject lot.

Traffic Impact Study Required. A traffic impact study shall be submitted to the Township pursuant to the requirements of § 22-313 of the Subdivision and Land Development Ordinance [Chapter 22] when:

Traffic Impact Study Requirements. When required, a traffic impact study shall be submitted as part of any application for a permit or approval under this chapter. A scope of work for the study shall be first submitted to the Township for approval. The study shall be performed by a qualified professional traffic engineer with experience preparing traffic impact studies. The applicant and study shall comply with the requirements and standards for traffic impact studies outlined in the Subdivision and Land Development Ordinance [Chapter 22].

Completion of Traffic Control Devices and Other Traffic Improvements. Traffic control devices and traffic improvements shall be completed in accordance with § 22-313 of the Subdivision and Land Development Ordinance [Chapter 22].

Location Within a Lot; Setback.

Design and Installation.

Height Restrictions.

Screening and Visibility.

Impervious Lot Coverage Restrictions. The surface area of any ground-mounted solar system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the applicable lot coverage limitation for the subject property. If the ground-mounted solar system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitation for the subject property.

Performance Requirements. All solar PV systems shall comply with the applicable performance standards of this chapter.

The facility shall hold a valid permit from the Department of Health to dispense medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Township.

The facility shall comply with the requirements for a dispensary under the Medical Marijuana Act and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Township.

The facility shall hold a valid permit from the Department of Health to grow and process medical marijuana. A copy of such valid permit and all appropriate documentation shall be submitted to the Township.

The facility shall comply with the requirements for a grower/processor under the Medical Marijuana Act and any applicable state regulations promulgated thereunder. Proof of such compliance shall be provided to the Township.

The facility shall hold a valid permit from the Commonwealth of Pennsylvania prior to the issuance of a certificate of occupancy.

The facility shall have a minimum of 150 assisted living units.

The facility shall only involve the adaptive reuse of an existing principal building.

The facility shall hold a valid permit from the Commonwealth of Pennsylvania prior to the issuance of a certificate of occupancy.

The facility shall have a minimum of 150 personal care units.

The facility shall only involve the adaptive reuse of an existing principal building.

Where Table 27-1 (Use Table) of this chapter permits a life care facility as a permitted use in the BP Business Park District, such life care facility shall comply with the following express standards and criteria:

Where Table 27-1 (Use Table) of this chapter permits the keeping of chickens as a permitted use in all residential districts, this use shall comply with the following express standards and criteria:

Where Table 27-1 (Use Table) of this chapter permits the keeping of bees as a permitted use in all residential districts, such use shall comply with the following express standards and criteria: