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1".100 Title
1.200 Short Title
1. 300 Connuni.ty Developrnent Obj ectives
1.400 Scopeof Regulations
1.410 Establish Zoning Districts
I.420 Regulate Buildings and Population Density
1. 500 Purposes
2. 100 Designation of Zone Districts
2.200 Zoning Map
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4. 300 Yard Regulations
4.310 Side Yards
4.320 Front Yard Exceptions
4.330 Front Yard of Corner Lot
4.340 Projections into Required Yards
4.400 Maxirnum Coverage
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) 8.100 Organization and Proced.ure of Zoning Hearing Board
I 8.110 Establishment
I 8.L20 Appointment
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8.121 Members
8.I22 Appointrnent to Fil1 Vacancies
8.L23 Renoval
8.L24 Organization
' 8.1S0 Compensation
8.140 Heaiing
t.150 Board,rs Function
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8.151 Special Exception
r g.ISZ U:rified Appeals
| 8.15i _gh"llenge- to Validity
8.154 Variances
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9.100 Zoning Officer
I 9;200 Zoning Permits
| 9. i00 occupancy perrnits
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COMMUNITY DEVELOPMENT OBJECTIVES
1. 100 TITLE
1-z
ARTICLE 2
z.s.,o r"rr*ffioundaries
the zone boundary lines are intend.ed to follow
thg right -of-way lines of streets and roads,
e^Iisling 1ot qnd property l_ines, the mean aia/ot
flood 1evel of water-bodies and'rronicipar Boundary
lines, all as shown on the Zoning Map;'but ;h;;-'
a zone boundary. line does not rorrow iuch a line,
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its position ii shown on the Zoning l-laf-Uy a
specific dirnension expressing
a street or road liner or otheritsboundary
iistinc6 fron
indicated, or by a reierence to a contourlineline
as
delineated on the united states Geological survey
Maps.
2.32a Deterrninatign' of Locatibns of Boundaries
fn the.event of uncertainty as to the true
location of a zone boundary line in a parti-
cuLar instance, aDI decisibn of the Zoiring
3ay be-appbaled before the Zoning
.{fffger Board
Bearing by ^iny alfected property owner.
It shal1 be rhe dury,of the Zoirin! Heiring
Board to render its- determination-with respect
thereto.
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) DISTRICT REGUTATIONS
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) 3.100 SCHEDULES
I The attached schedules set forth the restrictions and
) controls intended to regulate developrnent in each zone
) District: The-se regulalions supilene"iua ttA;;icles
4 and 5 and other sections _are of this biairr"".".
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) .3:.,2Q:A ;.SCHEDULE Ii
) schedule-r governs developnent and the use of land in
) al-l Residential Districts.
) 3. 300 SCHEDULE II
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Schedule II governs developnent and the use of land in
t all Commercial Districts. )
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3. 400 SCHEDULE III
) sched-ule_rrr governs developnent and the use of land in
the Manufacturing District.
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) 3. 500 SCHEDULE IV
I schedule rv governs
the .Panding Area
development and^ the use of land. in
) .Dis,trict.
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SCHEDULE I
REGULATIONS GOVERNING RESIDENTIAL DISTRICTS
IN THE BOROUGH OF FORTY FORT
Mininurn
Yards
Front 25 feet Z0 feet (c)
Side (one) 6 feet (d) 6 feet (c)
Side (both) 12 feet (d) 12 feet (c)
Rear 35 feet 30 feet (c)
Mininun
Lot Depth 100 100
Mininum
Lot 72 feet 60 feet
Frontage
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Maximum
) Lot 40% 60eb
I Coverage
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Maximum
l Building Z-L/2 stories
I Height 35 feet See (a) below.
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) (a) In any area designated "High Density Residential- R-zrtr rlo
) structure sha1l be erected to a height greater than the
width of the street or al.ley upon which it fronts or abuts,
) or to a height in excess of thirty-five feet, except that
l public and institutional buildings and multipJ.e dwelling
high rise apartment builditrBsr may exceed that linit pro-
t vided that for every two feet they exceed such limit the
l portion exceeding such limit shall be set back one foot
beyond the building line established for streets upon which
t the building fronts or abuts, and also be set back one
I foot from each line of abutting private property, for each
tr,io feet of such excess height.
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l (b) Except as otherwise provided for large scale developrnents.
? (c) Except that for garden apartments and other multi-fanily
l structures, the provisions of Section 5.312 sha1l apply.
t (d) Except that in the case where driveways exist the side yard
requirement shall be a minimum of 6 feet and 10 feet to pro-
t) vide for a maximum of an 8 foot drive.
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i SCHEDUTE II
REGULATIONS GOVERNING COIO{ERCIAL
DISTRICTS IN THE BOROUGH OF FORTY FORT
mmunity
Comrnercial
District c- r.
Principal Any local retail business and personal services.
Peunitted Major -retail establishnents, specialty shops, bank
Use and other financiar institutions and persoirai services
which are intended and designed to the comrnunity as
a who1e. commercial recreational facilities, tL,.ea.t"er-s.
ieStauianis,'excludiirg f,ast rooo type facitiiies- and-oihe:
commercial establishment facilitie3, intended and de-'
signed-to serv@ ag"e wh-ole-, Office build,ing:
ichools anil stu<lios for photbgraphy, art'and dance.
Business and technical schools. -piinting, litho-
gr-aphing, type cornposition, ruling and binding es-
tablishnents. Public and serni-public buildinls.
Essential services other sinilai uses in accoidance
with procedures set forth in Section 9.450 .
|h overage
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802
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huioir,r* 'Front 5 (b)
)Sef,back side (1)
{a) Side (both) (c)
, Rear 20
)U,"*iru*
)Building 3 stories
40 feet (d)
fasht
l*r inum
Front
)uirriro,r*
)Lot Depth 100
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(a) Except as nay be required to be increased for buffering
adjacent to residential developnent, as specified herein.
(b) In any area designated as commercial, the front yard
setback of any building or other structure hereafter erected
shal1 be the average of the front yard depths of the lots
imrnediately adjoining on each side, providing such adjoining
lots are irnproved witlr permanent comlnercial buildings con-
structed of fire resisting material situated within 100 feet
of the joint side property line, but where said imrnediately
adjoining lots all not both so irnproved., than the depth of
the front yard of any building hereafter erected sha11 not be
less than the average d.epth of the front yards of all lots
within 100 feet on each side thereof whiqh are inproved as
described above, however, in no instande shall the minimum
front yard be less than 5 feet. ,
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(c) Although no side yard is otherwise required, where the side
property line of a local cornmercial or a manufacturing use
) adjoins a property designated or used for residential pur-
poses, then such non-residentiaL uses shall be set back from
) ' such side property li.ne a distance of not less than the
) minirnun side yard required for such residential uses.
) (d) In the areas designated "Commercialil the maxirnurn building
) height sha11 not exceed 3 stories or forty feet, hortrever,
) in such cases where the area in question is rnore than
three acres, the naximum building height shal1 not exceed
) five stories or sixty feet.
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SCHEDULE III
REGULATIONS GOVERNING MANUFACTURING
DISTRICTS IN THE BOROUGH OF FORTY EORT
Accessory
Uses All C District .acc€ssorY uses. -
Areanas
Special Large scale industrial development.
. Uses Principal. pernitted' comnercial uses rrthich shall be
necessary and appropriate for the M Di strict.
Mininun
Lot Size L8r000 squa.re feet.
Minimun .
Side Yards
. Front 50 f€€-t
Rear 50 feet
Mininun
Lot 100 ;feet :
Frontage
Minimunt
Lgq 150 feet
Maxinrm.
Lot' 40*
Coverage.
Maxirnun
Builtling '3 stqries or'40 feet
Height
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) SCHEDUTE IV
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t REGULATIONS GOVERNING PONDING DISTRICTS IN THE
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) BOROUGH OF FORTY FORT
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t PnRMrrrED usES - A11 permitted uses proposed within
@ r91d_rn-g, disrricts shaii iequire
approval and shalL be linited
roaia
, to recreatidn, conser-
) vation and agricultural uses which do not irivolve a
permanent structure.
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I rn addition, _the following uses nay be pernitted in
the ponding-district, but require levieir by the nuni-
I gipal planning comrnission widh approval of'the Board
to wit:
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I A. _D.r*r, culverts and Bridges approved by the common-
I wealth of Pennsylvania, Departnent of Environmental
Resources.
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I B. hnpounding basin.
I C. _Storms, sewers, provided flap gates shall be in-
I stalled on all storm- water outfaitl where an area or
portion thereof is susceptible to back flooding.
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I D. Other uses similar to the above, provided the
effect is not to alter substantiarly ihe crosssection-
l al profile of the river basin at thb point of the
I proposed construction or use.
I E Public recreation.
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ARTICLE 4
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) 4.L22 No! Serve4_by Pubtic Sewer
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t Lots served by a public water system and an
individual on-Lot sewage disposil systen such
I as a cesspool or septic tank shal1 not be less
than 10r000 square feet _in area per dwelling
I unit nor less than 100 feet in at the
, front lot line and shall be in width
accordance with-
, the following yatd and coverage requirementsl
I a. Mininurn Lot Depth
b. Minirnuln Front Yard
100 feet
I c. Mininuurl Side yard (one)
25 feet
10 feet
t d. Minirnun Side yard (Uoth)
e. Maxirnum Lot Coverage
25 feet
t 25 percent
t 4.130 Lot Frontage
I the rnininum 1ot frontage of any 1ot sha1l be
t measured along the rninimun buiiding setback
line as required for the district ihere lo-
I cated. The width of any 1ot in any district
I except,'rC'r and rrMrr Districts, shali not be
less than thirty- (50) perceni of the depth
) of said 1ot at the front lot line, provided
I however that no 1ot need exceed a'dbpth of
t three hundred (50_0) feet nor sha11 airy 1ot
less than fifty (50) feet along the fiont be
l lot line.
I 4.L40 Corner Lots
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) At all street intersections no obstructions
to vision (other than an existing building,
) polt_, column or tree) exceeding S0 inches-in
I height above the established giade of the
strilet at the property line sf,al1 be erected
I or maintain-ed on any l_ot wi.thin the triangle
I formed by the street 1ot lines of such 1of
and a f-ine drawn between points along suif,
i street lot Lines i0 feet distant from their
I points of intersection.
) 4.150 Through Lots
I Where single 1ot und.er individual ownership
) -a from
extend.s a street to an aLLey, the widesi
l street sha1l be deemed the street upon which
the property fronts and no principai structures
) and no dwelling sha1l be erected irn the rear
) of such a lot.
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4.160 ace Cannot be Reduced
The area or dimension of any zorle lot, yard,
parking area or other -space shall not be
ieduced to less than thb ninimum required' pf
this Ordinancel and if already less than the
ninimum required by this Ordinance,- s?id area
or dimension may be continued and shal1 not
. be further reduced.
4.20 0 HEIGHT REGULATIONS
L.2L0 General APPlication
No building or structure sha1l have a greater
nurnUer of itories than are permitted in Artic1e
3 here.of, pTovided further that the aggrgg?le
height oi iuch buildings- o-r structures sha11
Aoi"u*.ued the nunber of feet perrnitted in
Article S, excePt as follows:
4.22A Peritritted ExcePtions
of the building
l In any district other than the R-1 ortoR-exceed 2 Dis-
) i;icii, a builcling_nal be.permitted
itt" tr"5.gttt lirnit of the'district where it 'is
) 6-be 16cated, and be erected 9P to a heigttl
fe-et, which-'
t oi "ot more tfian 5.i stories orit 60'
iutr, provided that can be shown that
), """i-ir fir6 irotection will be avaiLaqlg, "}d
,auqu"i"
) A;i such nodiiic.ation sha1l be approved by the
fo"i"g Hearing Board upon the review and applo-
) o"i oi the Plinning. Coiunission only in accordahce
) forthe appro
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$lln,ln; E;:::1lr:.:;ti:lished
) 4. 300 YARD PJGULATIONS
) 4.310 Side Yards
) where the side-
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4.511 Siile Yard lflclth May be varied 11e1 with the side
) i;t-ritt" ot is br6ken or ilregular, the side -y?rd'
nay be varied. rn such cases the average- width
) of the side yard sha11 not be less tha4 the other-
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wise required ninirnum width; provided, however,
that such side yard. shall not be narrower at
any point than one-half (L/Z) the otherwise re-
quired ninimum width.
4 r3L2 Side Yard of Corner Lot
The side street setback line of any corner 1ot
as it existed at the tirne of adoption of this
Ord.inance or any corner lot shovrn on any sub-
divi.sion-pLat which received final apprbval prior
to the adoption of this.Ordinance sha11 not 6e
less than one-half (L/2) of the depth of the
min'imuni front yqrd required on any adjoining lot
fronting on a side street. Any cbrnei 1ot Ie-
lineated by subdivision after the adoption of
this Ordinance sha1l provide a side street
setback line which shatt not be less than the
mininurn front yard rgquired on any adjoining
lot fronting on a side street
4.32Q Frbn,t Tafd Exce'ption
rn any area d.esignated for frResidential'r use the front
yard depth- f9q any residentiar. building hereafter
erected, shaLL be the-aver?g9 9f the fiont yard. depths
of
'suchthe ].ots irnnediateLy ad.joining on each ride proiiaea
adjoining lots arb improved with principal-bui1d-
ings situated within 200 feet of the j-oint ride prop-
erty 1in-e, but where said inrnediately- adjoining iotl
are not both_ so inproved, then the depth-of th6 front
yard of any building hereafter erectei sha1l be not less
than the. average depth of the front yards of all improvea
lots in the same block front within 200 feet on eacir
thereof- pr-ovided that no dwelling sha1l be required toside
be set back.more than 60 feet ani shal1 not bd less than
10 feet.
rn any area desisnated for ilcommercial uge'], the front
-se
yarrl ructure here-
after erected shali be the iverage of the front iira
agpth.of the. lots inrnediately aE;oinint on each'side,
providing such ldjoililg lots are improied with peim-
anent conmercial buildings constructed of fire.rbsist-
ing materials situated within 100 feet of the joini--
side-property line, but where said irnmediately- adioin-
1lg lots are not both so improved, .then the dbpth-of
the -frorrrt yar4 of any building heieafier erected shall
not be less tl"I'-th9-ave_rage depth of the front y"iJ-
of a1L 1ots within 100 feei on iach side thereor'wrriit
are improved as describ-ed above.
4-4
4.330 Front Yard of Corner Lot
rner lot shal1 be established
on the wider of the tyo (e abutting said ioi,
except where the widths of the -streets
two (z) abutiing streeis
are- equal, then the front yard nay be establis[ed. on
either street.
4,340 Projections into Required yards
shall be determined by
measuring the d,istance between tlre foundation wal1 aira
property-tin_e, however, certain ieatures
rnay project into required yard.s as "rctriiui;;;;i
follows:
a. cornices, canopies , eave.s or other architectural
features qray project into side yards a distance
exceeding _twg Q) inches per one (1) foot of
"?t
s-r.de y1r! wid.th but rnay not exceed a total of
three (3) feet
b. Bay windows, barconies, firepraces, and chinneys
Tay p{oject a distance not exceeding three (S)'
feet fron foundation wall, providea-tfrii such
f-eatures do not -gqcPp/rin-tir,e aggregate, more
rh"an one-tlrird -cL/3)- ai th€ ren[Itr 6i ilr" build-
ing wall on which they are loca[ed
Open €iq_.f".4"lgve-1 fFtios r to be used solely for
recreational= puipoles rnai be located in side
yards provided that they'are not closer than
!!r9e (3) feet to any adjacent property
If located closer than elght (8) f-eet to1ine.prop-
eTty 1ine, they shaLl be Icreened in accoidaice
wi.th the provision of Section 4.7I0 hereof .
In case of a corner 1ot, no enclosed patios
shall extend into the side yard adjoihing such
side street.
d. i, Feincing af-*y aypa -shAll bnly be pernitted fion,t
:* -Te4!, Pp{t i gn_ q-f .!he-_pfrfr_-c_ipe1. 5 .t-tu-c luJe . .qLt e-D_dqd*'-i
to each side yard - .
a;id--to- rear propeiiy-line ;;d
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- . shpl I -not.:.exc.edd a heieht of 6 fqet, N,9-.fence shal1
be nore than {6e" encio;dd and sha11 not be made of
any masonry mdterial.
Hedging-and/or shrubs sharr. be permitted around
tlre,entire
urle errErre property.
properEy. -Said hedging shaii11 not exex-
height 6f
ceed a heiellt
cegct sLx (6) feet as rnentioned in
of six
otlr.er sections of the ordinance. .Sawe that
ordinance, Save fln^i said
q
hedging extending from the front line of the
str!.rcture proper to the inside edse of the sid.e-
waLk shall.not exceed a height of"24 inches.
4.400 MAXIMUM COVERAGE
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consisting of evergreen, or evergreen type hedges or
shrubs maximum height of six feet spaced at intervals
of not more than six (6) feet, located and maintained
in gciod condition within minimtim'five (5) feet of the
property l+te. qdjoining or abqtli1g -an ff!" Diqtrict.
4 .7 ?.0 Unenclosed Uses
Any use which is not conducted within a completely
encLosed building, except for nurseries, and the dis-
play for sales purposes or new or used cars, trucks,
trailersr or farm equipnent, in operative condition,
shall be entirely'enclosed by a fence maintained in
good condition or evergreen type hedges or shrubs
spaced at intervaLs of not more than six (6)-feet.
Said areas sha1I be surfaced with an asphaltic or
cenent binder pavement or sinilar durable and dustless
material which shaLl be so graded and drained as to
dispose of all surface water accunulated within the
area without causing ad.verse condLtions on abutting
properties and sheeets.
4. 800 MISCELTANEOUS BUILDING REGUTATIONS
,i
4-7
?
3
i
3
D
) ARTICLE 5
5. 510
IDENTIAL-{I'IE
Two - Fanil
'Rf;S IDETfTTAL'- RETATED COMIGRI
artment Dviellinss
)
I 5.311 411 two-family, garden apartment, townhouses
and other rnulti-family development sites sha11
)
)
be
-provided with an existing 6r approvea puUfic
andlor community tpe_r,irater supplif and ;r;i;;;i
) sewer system, approved by appropriate 1oca1 and
State hi:alth- auihorities' havittgl j uri sdictibn. --
)
) 5.312 Mi"tn* l"t nre", C
)
) .'l: T;3:TFT"1"l"'i:?r3i:
hereof for the zorLe district where situatedr-- s
) except that in zones designated R-l, the ninirnum
, Lot area per dwelling unii sha11 be.not less
than 4r000 square feet. Minimum frontage, depth,
) rards, and naxinum coverage shall be as ip6cified-
) for the zorre district where situated
) Multi-Farni.ly a_nd Garden Apartrnents
) a.
)
Miniurufr lol__q.iZe: Multi-family or garden
@use devetopmeirt sfrifl not
) be erected. on a zone lot of- less than
b
) 5-3
t
E
E
I
t
J
t 18,000 sq. ft. The ninimurn width of such
tp a lot sha1l not be less than 150 feet at
the front property Tine.
p b. Maxinun lot coverage: The land area covered
p s and other access ory'-
structures sha11 not exceed an aggregafe of-
) 25 percent of the 1ot area.
t c. Yards:
E
t 1) Front yatd: No structure, other than
townhouse, sha11 be located nearer to
) a front street property line than 50 feet,
F except as specified for townhouses, etc.
p 2) Rear Yard: No structure shall be located
lp nearer to a rear property line than
50 feet
) 3) Side yard: No structure sha11 be located
nearer to a side property line than 50
t feet.
t
t 4) A building wa1l exposing both windows
and an entrance vray sha11 be located not
Il closer to another building than a dis-
tance equal to the height of the taller
building of the two, but in no case less
t than fifty (50) feet.
I s) A building wa11 exposing only windows or
t only an entrance way shal1 be located no
t closer to another building than a dis-
tance equal to the height of the taller
It building of the two, but in no case Less
than twenty-five (25) feet.
t: 5.313 Maximun Nunber of Dwe1li
not exceed e
Units. Garden apart-
Tl!)-dwel1ing units
l 4en
per structure.
t
t 5.314 Pernanent Open Space, fn addition to the yard,
setback, and off-street parking requirements of
l this Ordinance, there sha1l be provided a
minimum of 10 percent of the gross area of the
II site to be permanently set aside for open rec-
reation area, which sha11 be for the comrnon use
t 5r315
of the resid,ents thereof.
O-ff-Street Parking. Provision for off.-street
5
I 5. 316
@s required in Section 5.600.
Approval of Site Plalr. The pLans for any pro-
b
t i-farnily or garden apart-
t
tI s-4
J
a
a ment_development shal1 require the approval of
n the Pla1ning_cornmission and Zoning ubiring Board
as provided in Section 5.g00, Spelial Eicep-
n tions, and the reqr,rirements ,5f tni, ,""iiorr.
) s.320 Motels Motor Courts Motor Hotels and Sirnilar Uses
)
l 5.32L such uses shal1 have a minimum aiea for each
unit of occupancy of 150 square feet and sha1l
n include a minimum of one (i) bed*oorn and an en_
n closed bathroon containittg ; b.atfrtub or showei,
tn commode and lavatory. and 5e suppiiea
and co ld rirnning water. ' ' lt- - - with hot
p s.322 rlluninated, signs and other lights shall be
directed away from or shielded-fi^om
p residential properties in such attwayadjoining
as not to
rp disturb the occupants thereof. ',
5.410 Bakeri,es :
t
:
I
i
)
I
l 5.440 Retail Uses in M-1 District
)
such uses sha11 be perrnitted only where the appricant
) proves that such use is or will 6" ,u.uri.rv-lo serve
t manufacturing uses and wilr noi ;4";;;;il'iitu.t
industrial the
of adjoining randi -lth"ru such
developmen_t
) uses are perTitted, the ninimum
l sha1l be 10r000 square feet. ----- 10I size ,eqrir"m;;;--
) 5.450 Manufacturihg Uses
I
t Manufacturing uses in any M-1
District sha11, when
abutting-an R-Distri-ct, 6e screened such district
I in accordance with the p.olriti;;, off,rom
sections 4.7L0 and
4. 720
t
I 5.500 LARGE.SCATE DE]/ELOPMENTS .
I
a. rn buildings containing.nultiple dwelling units,
wa1_11_containing rnain wind.ow exposures or main
) entrances, sha11 !e so oriented'as io-iniure
I adequate light and air
"*poi,rr.r.
I b.
9y:l buildings phall be so arrdnged. as to avoid
yndyg-exposurg t_o concentrated l6adins or parking
faci.lities and sha11 be ,o-oriu";;J-;; i" pFe-
)
5-6
c., A building group may not be so arranged that
any tenporary or permanently inhabited
building is inacce.ssible by emergency
vehicles.
5.522 Vehicle 4!d Pedestrian Circulation. Adequate
n ciriula-
tion shaL1 be designed as follows:
a. Safe and convenient arrangement of walks,
roadways, driveways, and off-street parking
and loading space.
b. Separation of general vehicle traffic from
pedestrian walks and public transportation
-loading places.
5.s25 Paving and Dl4aqqgq. The developer sha11 in-
@;rry proposed laige scale
residential development, hard-surfaced strqets
at reasonable grades, which sha11 include curbs
or gutter, catch basins and storm sewers.
5.524 levelopnent Standards
a. Mininum Lgt AreS per Dwelling Unit
1) Single-family Detached and Attached
i-
frffil6TErea per dwelling unit shal1
not be less than the minimum area
requirement for the District where the
development is located, the size of
each lot rnay be reduced as needed, to
not less than two thirds of the nini-
num required in the R-1. district, pro-
vided, however, that for rrclusterrr
developrnents each 1ot may be reduced
to one:third of the minimum lot area,
but the average area per dwelling unit,
within each d.eveioprnent section incLud-
ing open-space shal1 not be less than
the.rnininurn otherwise required for the
R-1 District
Z)
. Ttyo-fanily Dwellings, Garden Apartments
avetage mlnilnulnllot arela per dwelling
unit s'hall not be less than the mini-
mun area required for each respective
type of dwelling structure in the dis-
trict where such principal perrnitted
uses are first perrnitted. The dimen=
sions of each individual lot nay, how-
,
)
J
, ever, be reduced by not more than one-
) third of the minimum requirement, pro-
vided that the average 1bt area per
t
p
dwelling unit within each development
district sha11 not be less than the area
p otherwise required.
p b. Minimun Lot Size
p There shall be ho minimum lot frontage
p required except, as follows:
tp 1) l-family and. Z-fanily dwellings de-
tached: 80 feet
p 2) 1-family and 2-famILy dwellings, semi-
detached: 50 feet for each side.
p 3) 1-family dwellings, attached
(town houses) i 25 feet per dwelling
R unit plus an additional 25 feet
p at each end of all rows.
I 4) l-farnily cluster. development: none
5) Multi=fanily garden apar tments: none
6) Other multi-family dwelling struc-
b
tp tures: none
d. Minimum Lot Depth
p No 1ot for any residential structure
) or group of residential structures shal1
p have a 1ot depth of less thap 100 feet.
p e. Ir,linimurn Front Yards
tp The.nininum front yard for all residen-
tial- structures shall be 25 feet, except
p that garden apartments and other multi-
famiLy structures not including town
p houses shall have a rninimum front yard
p of not less than 50 feet; provided,
however, that these minimum front yatd
n requirements rnay be reduced by not more
p than 20q if the developer shal1 provide
adequate justificati-on acceptable to both
p the Planning Conrnission and the Zoning
p Hearing Board.
p f. Minintrm Side Yards and Other Distances
p BetWeen Buildings
p .
Mininum side yards for all single-farnily
p dwe11-ings including rf clusterrr develop-.
ments shal1 be as specified in Schodule I
p hereof for 1-farnily dwellings in an R-l
p District. There shalI be no i.ide yard
p
I 5-8
b
b
,
)
requirenents for all other residential
I structures, except, a's f ol1ows:
)
I
1) Side yards adjoining public rights-
of-way on other thoroughfares sha11
) be not less than 50 feet, except
)
where the front yard of such struc-
ture sha1l be reduced by up to 202
) as specified in Section 5.524 o.r
)
hereof, then such side yard adjoin-
ing a thoroughfare may be reduced to
) the same depth as such front yard.
)
)
.2) A11 bther distances between build-
ings sha1l be as set forth under
)
Section 5.3L2 c. and 5.521 hereof.
, g. lvlaxilnurn Lot Coverage
)
There shall be no maximum lot coverage
) linitation on a 1ot-by-1ot basis;
) provid.ed, however that the overall
coverage of land by buildings within any
) development section sha1l not exceed 25
) . percent of the net land. area (excluding
land used for rights-of-way).
)
) 5.525 S.upporting Cornnercial,.Fa cili ties
) Local retail and service commercial facilities,
) including those uses permitted as princip.al
permitted uses in a C-1 Commercial District
) may be permitted in a Large-sca1e Residential
) Development provided that such cornmercial de-
velopnent including required off-street parking,
) off -street load.ing and landscaping sha11 not
) exceed 10 percent of the net land area of the
large-sca1e residential developurent; and, pro-
) vided, further that the location of such
) commercial facilities shal1 be approved by the
Planning Cornnission.
)
) 5.s26 Esthetic Considerations
) Due to the potential inpact of a large-scale
) developrnent on the municipality as a whole;
and'since the developer is'provided the oppor-
) tunity to rnodify otherwise rninimum developrnent
) standards, the Planning Conrnission nay withold
'the oirerall approval of such projects as well
) as the approvii of reduced stindirds pending
) their review and approval of the propbsed oveL-
all design, arrangement and layout. of the
) buildings to be erected, including the exterior
) design of such buildings provided that the
)
I 5-9
)
)
architectural character of the large-scale de-
velopment area will be compatible with that of
the adjoining areas.
s.530 Lar e-Scale Comrnercial and Manufecturin Developnent
5.551
in conmercial and""
. industrial building groups sha1l be as follows:
a.Exteriorwallsofoppositebuildingsshall
be located no closei- than a distance equal
to the height of the taller building'
b.Abuildinggroupmaynotbesoar.rangedthat
any permaieitty- or tulPorary inhabited
builbing is iniccessibie by emergency vehicles.
5.532 Signs and Ligh!!4g. All signs and lighting
- ffif a type ind design that_will
not confLict with traffil control signs and
lights and sha11 be so- oriented that t-!ey do
nol produce glare on the highway or adjacent
res idential develoPrnent.
)
In any commercial development of 5 acres or more,
) identification signs nay-be erected in accordance
I with the provision of section 5.850 hereof, €x-
cept as follows:
)
) a. There shalI be not more than one (1) such
tigtt for each conmercial establishrnentr but
I thEre may be a maximum of one additional
) sign i-deirtifying the large-scale development
and the occupants thereof.
)
) b. A sign identifying 1 large-scale commercial
a"v"iop*ent nay bE free-itanding or attached
t to a wa1l or fence.
l Cr Any free standing.s-igl shal1 be located at
) tha entrance way-cif ihe use 'which it iden-
) tifies. No .such free-standing sign sha11
extend more than 30 feet above the mean ground
I leve1 where it is located.
) d. No sign identifying a building gro-up shall
t have in area of-noie than 10? of the verti-
I cal wal1 area of the front of 'the building
nor shal1 the total area of the sign of each
) ienant exceed 108 of the verticaL building
I *"it area of the front of the space occupied
Ip by the tenant
s-
I 10
)
t
e. The lesser d^inension of any sign sha1l
not exceed five (5) feet, provided, however,
that for large-sca1e development signs,
this provision sha11 not apply.
f. Except for signs identifying the large-
scale developnent, all signs sha11 be
attached to the principal buildings.
g. No business sign shall project more than
two (2) feet from the building facade to
which it is attached
h. No business sign sha11 be erected or main-
tained upon the roof of a building nor sha11
any sign extend above the roof of a building
a distance of more than five (5) feetr pro-
vided, however, that a business sign may
be affixed. to a parapet. It rnay not ex-
tend not more than five (5) feet above the
roof of the building and no such sign sha1l
project more than one (1) foot from the
parapet.
l_. The area of any sign sha1l include the en-
tire face of the sign and any structural
work incidental to its erection and/or
decoration. If the sign is conposed of in-
dividual letters, figures or designs, the
space between and around such letter,
figures or designs sha11 be considered as
part of the area
j. Pl-ans showing proposed location and design
of all signs, including also directional
traffic signs and parking .signs sha11 be
subrnitted to the Planning Conrnission for its
review and recommendation to the Zoning'.
Hearing Board which sha11 be responsible for
approval. In granting such approval, special
attention shal1 be given to considerations
df safety and convenience of traffic move-
ment, and the appropriate and harmonious
relationships between buil'dings, structures,
and signs, both on the site and in adjacent
areas
Proper arrangement
k. 'devie,ea-.=with of signs and lighting
-r63p-eet to traffic control
equipment 1nd adJabent residential districts.
1. Directional signs indicating the direction
of preurises avIilable and hiving inscribed
5-11
thereon the name of the occupant(s) nay be
erected and maintained, provided, however,
that the s ize of such sign sha1l not exceed
arL area of six (6) square feet nor a length
of four (4) feet, and provided further that
there sha1l be not msre than one (1) such
sign for each entrance to any premises.
5.533 Planting and Screening. In business building
in one hundred (100)
feet of residential districts, fences, wa1ls
:; If;?:i;"X11,::i;"1":13:;1t5,-l;:.1::ff '?;L
parking lot illumination, headlights, fences,
heat, blowing papers and dust and to reduce
the visual encroachments of commercial archi-
tectural signs and activity
5.540 Justification for E:rceptions
Such exceptions, which may be required fron the strict
application of this Ordinance shall be soIely for the
purpose of prornoting an integrated site plan no less
beneficial to the. residents or .occupants of such de-
velopments as well as of neighboring properti_es_ than
would obtain under the normal requirements of this
Ordinance.
5.600 VEHICLES AUTOMOTIVE
s.610 off-Strse!_3@g.
In all d.istricts, except in the C'2 District, in connec-
tion with every manufacturing, business, institutional,
recreational, T€sidential or any other use, there shal1
be provided, at the tine any building or structure is
erected or is enlarged or increased in. capacity, off-
street parking space open to the public at no charge
for automobiles in accordance with the requirements set
forth herein
5.611 Size and Access
Eachoff-streetparking--9pe-9.-9.,qbauh+t'-g-..al..ar.9?9f,not
less than .tw.-orihundred (200f j.qugfg fegt ea;
clusive of access drives or aisles, and shal1 be of
usable shape and condition. Except in the case of
dwellings, no parking area provided hereunder sha11 be
established. for less than three (3) spaces
lhere shal1 be adequate provisions for ingress and egress
to all parking spaces. Access to off-street parking
areas shall be linited to several r+el1-defined locations
and in no case sha1L there be permitted unrestricted
5-12
tr-s
uodn,relle ro roerr'
";it;3'u;;j:rt:il';f";:tr33jll
I
I
SCHEDUTE I
MINIMUM REQUIRED OFF.STREET PARKING SPACES
Uses
s-L4
,
I
)
) Us es
)
15. Restaurants, Beer parlors 1 for each Z.S seats
) and Night Clubs
) -16. Retail Stores and Shops 1 for each i00 sq. ft. of floor
) area, except in the excluded area
) along Wyoming Avenue
) L7. Roorning Houses and 1 for each two bedrooms
) Dormitories
) 18. .Autornobile Service 2 for each punp
) Stations
) 19. Sports Arenas, Auditoriums 1 for each 5 seats
) Theatres, Assembly Hal1s
) 20. Trailer or Monument Sales 1 for each 2,500 sq. ft. of
) of Auctions 1ot area
) 2L. Wholesale Establishments The total parking area shall
) or ltlarehouses not be less'than ZSeo of the
) building floor area
)
)
)
)
I
)
)
)
)
)
)
)
)
)
)
)
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)
)
)
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t 5.630 Joint Facilities for Parki$ or Loading
)
Off-Street parking and loading facilities for separate
) uses may be provided jointly if the total number of
) spaces so provided is not less than the sum of the
separate requirements for each use and provided that
) all regulations governing the location of accessory
) spaces in relation to the use served are adhered to.
Further, [o accessory space or portion thereof sha11
I serve as a required space for more than one use unless
) otherwise approved by the Zoning Hearing Board in
accordance with the purposes and procedures set forth
) herein.
)
) 5.64.0 Development anjl_l'tainlenance of .Parking and Load.ing Areas
) Every parcel of land hereafter used as a public or
)
private parking area or loading area including a
comrnercial parking'1ot sha11 be developed and main-
l, tained in accordance with the following requirements:
} 5.641 Screening and Landscaping. Off=street parking
I 1S1 vehicles and off-
street loading areas sha11 be effectively
) . screened on each side which adjoins or faces
), premises, by a fence or hedge. Such fence or
) hedge sha11 be not less than four (4) feet nor
more than six (6) feet in height and sha1l be
) maintained in good condition without any ad
) vertising thereon. Any space between such fence
or hedge and the side 1ot line adjoining prem-
l isesr or the front 1ot line facing premises, in
any R-District sha1l be landscaped with grasst
) hardy shrubs or ev.ergreen gound cover and main-
} tained in good condition.
l 5.642 Mininurn Distances and Setbacks. No off -street
) thereof for more
.than five (5) vehicles shal1 be closer than ten
) (10) feet to any dwe1ling, school, hospital or
) 'other' institutiol-f-qf bUrna-tr calq .1_9_94_ted gn .?p
) -adi-o-i:t-iqg.-19.!-'- . -No narki,ng aree -sha 1 1 - be -located
less than five feet fron the established 1egal
) -street orr al l ey. Said ?igbt-nf-wey shel L inclt'rle
) and not be linited to street pavement, tree launs -
or s-idewalks
)
) 5.643 Surfacing. Any off-street parking or loading
?-r€:taTf,ETl be surfaced with an asphaltic or
) c€ineht binder pavement or sirnilar durable and
) " dustless surfale which shall be so graded and
drained as to dispose of all surfac.e. water
) . accumuLated wi.thin the area. and sha11 be so
) arranged and marked as to provide for the
orderly and safe loading, paiking and storage
I
)
) 5-L7
)
t
i
t
l of self -propelled _v_g!!g_l_gs.
)
s.644 Lighting. Any lighting used to illuminate any
) off-street parking or loading areas sha1l be
) arralged as to reflect the light away from the--
adjoining premises in any R-District.
)
) 5.645 Sodilication .of Bequirenents. The Zoning Hearing
Board may authorize on appeal, a nodification,
l reduction or waiver of the foregoing require-
) ments, if it-should f ind..that in ttre particular
case_ appe*led the peculiar nature of the use,
) or' the .exceptional- situation or condition must
) justify such action.
) 5.650 Service Stations and parkins Lots
)
and Access Thereto.
)
)
)
f?::1
nobile repair stiops, or any vehicular
."_
thereto are regulated as follows: ".."s,
t a. Sha11 not be located within one hundred (100)
) feet of any boundary line of any R-District.
)
) b. Shall not be located within two hundred. (200)
feet of property dedicated to or intended
) for schools, pLaygrounds, churches, hospi-
) ta1s, public libraries and institutions
for dependents or for children, when 1o-
) cated along the same street and in the same
) block as said properties.
)
)
'' X:::'l#ir'ili'i"'irllE,"|3"in3"ffHll::tion
o-f any two (2) street lines than iifty- tSOl
) feet.
) 5.652 Location of Appli@ or pits. No gasoline
) f ge shi.tr be
) perrnitted where any' gasotlnS or"oil punpr or
' oi1 draining pit or visible appJ.iance for any
) such purpose is located wi'thin- ten (10) feet of
) . any street 1ot 1ine, except where such appli-
) . ance or. pit is within a building.
)
5. 700 S.ERVICES,_GENERAL
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)
) a. That the use is a permitted Special Exception as
) set forth in Article 3 hereof
) b. That the use is so designed, located and proposed
) to be operated that the public health, safety,
welfare and convenience will be protected,
)
) c. That the use will not cause substantial injury to
) the value of other property in the neighborhood
where 1t is to be located.
I d. That the use sha1l be'compatible with adjoining
) development and the proposed character of the zone
) district vrhere it is to be located.
) e. That ad.equate landscaping and screening is pro-
) vided as required in Section 4.700 and as other-
) wise provided herein.
) f. That adequate off-street parking and loading is
) provided and ingress and egr.ess is so designed as
to cause minimum interfer€nce with traffic on
) abutting streets.
l g. That the use conforms with all applicable regu-
) lations governing the district where located,
) except as may otherwise be determined for large-
scale developnent.
)
) 5.820 Miscellaneous Uses
) 5.821 Conversions, Year-Round Dwellings. Conversion
) of a s two-fanily
residence sha11 be perrnitted only in an R-2 or
) less restrictive district, provided that:
) -
a. The minimurn lot area per dwelling sha1l be
) as required for the zone district where
) the zone 1ot to be convorted sha1l ba 1o-
I b.
cate.d,
Where. suchconversion is undertaken there
)
shal1 be provided on the same zone lot not
) less than one (1) additional off-street
) parking space in accordance with the pro-
visions of Section 5.600 hereof.
)
) c. Such structure shall contain not less than
1,700 square feet of living space and no
) dwelling unit therein sha11 contain less
) than 850 square feet of living space.
)
)
t
I
5-20
l
5.822 Non-Dwelling Structures. No commercial or manu-
iginally designed for
other than residential use, sha11 be converted
to a dwelling structure, nor shall any such
structure which was so converted prior to the
adoption of this Ordinance be further converted
to provide for additional dwellings
5-ZL
2
E
i
r uses with nor more than 1 non-resident
3 employee
t) f. Barber shop and beauty parlor with not
than 1 non-resident ernployee.
more
I
shal1 be stored outdoors only in closed contain-
I ers.
)
5.850 Signs
I
Signs nay be erected and maintained only when in com-
) pliance with the fol-lowing provisions:
)
5.851 Signs in Residential Districtq. The following
)
dvertising signs
) are'permitted in all Residential Districts as
I
follows:
)
)
'' f t+l','l
1,,il€
!=it{,,t $'1i!
1) Signs indicating the name or address of
i{t!i..!i 01,,,,1'1,f
Ll--
)
1). The size of any sign is not in excess of 20.
) square feet; and
)
t Z) Not more than two (Z) signs are placed
gpon any property, unless such property
t fronts upol more than one street, ir wiricfr
event _two (2) .such signs rnay be erected on
t such frontage.
t 3) Any such sign shall be removed by the d.e-
, veloper within S0 days of the fiiral sale
l of property.
) f. Directional Sig+s. SigT: indicating rhe lo-
) - @s avail.able for oi in-piocess
I of developnent, but not erected upon rucir prem-
. ises, and having inscribed thereon the narne
) of the ownerr.developgr, -builderr 9r agent t f,dy
) be erected and maintained, provided:
) 1) The s ize of any such sign is not in excess
) . of six (6) square feet, and not in execss
of four (4) feet in length; and
)
) s-24
)
)
) I
?
J
2) Not more than one such sign is erected on
) each five hundred (500) feet of street
J frontage.
3 g. Artisansr_Signs. Signs of mechanics, paint
t er@rtisians may be erecied and
t maintained during the period such persons are
performing work on the premises on which such
l signs are erected. provided:
Ip 1) Thesize thereof is not in excess of
twelve (12) square feet; and
I 2) Such s&gns are removed promptly upon com-
I pletion of the work.
t h. Pr@.
ffirivewayr
Signs indicating the pri-
or trespLssing^ sign,
tp provided that the size of any such sign ifraff
not exceed two (2) square fe'et.
I i. Hu . No s'ign in an
It or proj ect higher than one story
€eGt, whichever is 1owe31.
Fo-the publlc way
oi twenty (ZO1
p 5.852 Signs in rrcrr and istricts.
tt rrMtLD. Business signs
p
I @ernitted
8.. Maintenance.
signs:
Signs sha11 be constructed of
ID 5-2s
I
t
i
I durable materials, maintained in good condi-
I tion'and not allowed to become dilapidated.
)
p b. U4llsig11g. Display signs placed against the
ffierlFTalls of buildings or structures sha11
) not extend more than 15 inches out fron the
wal1 surface. Wal1 signs exceeding 40 square
) feet in area sha1l be of non-conbustible nater-
) ].aI.
t) c. Projecting Signs. Attached signs sha11 not
ffi building more than 3 feet in
) the direction of a public street or public
walk-way area nor shal1 any such sign extend
b over a public street or walkway area. A clear
space of not less than ten (10) feet sha1l be
) provided below all parts of projecting signs.
) Projecting signs exceeding forty (40) square
)
feet in area sha1l be'made of non-combustible
material.
)
) d. Height of Signs. No sign except a free-
ffia11 be higher than the build-
) ing on which such sign is located nor sha11
arry sign be located upon the roof of any
) building. No such free-standing sign sha11
t) extend. more than 30 feet above the mean
ground leve1 where it is located.
) g. Permits (Building) for Signs. Building permits
) ns except signs
provided for in Subsection 5.832 and other
) accessory residential'signs. For signs in the
) interest of the publ-ic information and conven-
ience, the Zoning Officer, upon approval by
) the Zoning Hearing Board r qay issue a tem-
) porary pernit for a period to be designated
by the said Board. Such tenporary signs shal1
) be removed by the property owner at the term-
) ination of any perrnit for the erection itself.
) f. Fees. No fee shall be chdrged for any permit
Ip Gffi-ected with the erection-of a sign neces-
sary to the public welfare.
l 5.860 TenpoTary Tract Office
A tenporary tract office in any district shall be located
)
p on the property to which it is appurtenant; shal1 be
p limited to six (6) nonth period at the expirgtion of
which time the applicant may request a further extension
p of tirne. Otherwise, the tract office sha11 be removed
p at the expense of the owner
) s-26
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,
)
I
) ARTICTE 6
)
PERFORMANCE STANDARDS
)
)
6.100 GENERAL APPLICATION
)
) Perrnitted and special uses enumerated in the ttcrr and rrMrl
Districts, and uses accessoxy thereto, are subject to the
) following performance standards and procedures. If the
) Zoning Officer or the Zoning Hearing Board has reasonable
grounds for believi-ng that any other use will vi-olate
) these performance standard.s, such existing and proposed
) use sha11 also be subject to these perforimance itairdards.
) 6.20A PERFORMANCE STANDARDS PROCEDURE
)
) 6.2L0 Prior to ConstfuctioTr and Operation
) Any application for a building pernit for a use
) which^'stratf Ue t,tU;u"t to periohrrr." standardsl
sha11 be accompanied by a sworn statenent by the
) Owner of subject propeity that said use wili be
) operated in accordance with the performance stan-
d.arcls set forth herein.
)
) 6.220 Continued Compliance.
) Continued conpliance with performance standards
) is required and enfolcement of continued compliance
with these performance standard.s shal1 be the
) {esponsibility of the Zoning Officer or Zoning
Hearing Board. .r
)
) 6.230 Determination of Violation
) The Zoning Officer sha11 investi.gate any purported
) violation of perform:rnce standards and, if there is
) reasonable ground, for the same, sha11 notify the
Zoning Hearing Bbard of the occurrence or existence
) of a probable violation thereof. Said Board shal1
) investigate the alleged violation. If after public
hearings on due notice, said Board finds that a vio-
) lation occurred or exists, such violation shalI be
l terminated as provided in Subsection 6.240 following:
)
) 6.240 Termination of Violation
) A11 violations as ascertained in accordance with Sub-
) section 6.230 above shal-l be terminated within thirty
(30) days of the decision of the Zoning Hearing Board
I or shal1 be deemed a separate violation for.ea-h day
following and subject to fines as set forth herein,
)
)
) 6-1
)
)
)
)
)
) except that certain uses established before the
I effective date of this ord.inance and non-conform-
I i-ng as ]! nerformance stand.ards sha11 be gi"."
reasonable tirne in which to conform therefrith as"
) determined by said Board.
) 6.300 REGULATION OF NUISANCE ELEMENTS
)
) 6.310 Definition' of 'Elements
) No lancl or building in any rrM' District which shal1
) be used or occupie4 for manufacturing purposes sha11
be operated in such a manner so as to creite-ouJir.-
any
) dangerous injurious , noxious; or otherwiiu
)
'.
tionable firer_ -
explosive -
or oiher hazard.; nois6 or
vibration, smoker^dust, dirt or other form of air
) po11u_tion; electrical or other disturbance; glare;
) or other nuisance, .condition or element in'sich
amount as to adverrgly- affect the surrounding area or
) premi_ses (referred to herein f,Dangerous ;; ;bt;.- -
)
-as_
tionable elements"); p-rovided'that aiy ,rre perniited.
!r trtis ordinance rnay- be undertaken
l in 'lMt' District if it conforrns to theaira nnaiirtained
regulations of
) this Subsection liniting d.angerous and o53uctio""Uie
elements at the _sp-ecifi;d point or poinis of the
) tletermination of their exiitence.
) '6.320 Locations' fihere Determinations Are to be Made for
) enent o'f Perfrolnande-TTEn s
)
The d-etermination of the existence of any d.angerous
) ani objectionable elernents shal1 be rnade'^i,
) 4. The point or points where such elements sharl be
) no:! apparent for fire and expolsion hazard.s, lo,
I radioactl"iltn and electrical iisturbances, for
smolce and other forms of air pollution.
)
) b. The propefty lines of the use creatiirg such
eLements for noise, for vibration, foi g:."r"
) and for odors.
I 6.400 STANDARDS TO BE ENFORCED
)
) 6.410 Fire and Explosion Hazards
'
) 20 - 500 60
300 - 2400 40
) above 2400 30
) If the noise is not smooth and continuous and'is not radiated.
) between the hours of 10 P.M. and 7 A.M. one or more of the
)
corrections in Table IV sha11 be applied to the octave band
levels given in Table III.
)
TABLE IV
)
Type or Location of Operation Correction
) or Character of Noise_ in Decibels
) 1. Daytime .operation only 5
) 2. Noise source operates less thdn*
) a. 20% of any one-hour period 5
b. 5% of any one-hour period 10
) 3. Noise of inpulsive character, hammering, etc. -5
) 4. Noi-se of periodic character, hum, screech, etc. -5
5. Property is located in an "M" District and
) is not within 500 feet measured horizontally
) or vertically of any R-District
*App1y-one-oflthese c@ 10
)
) 6-3
)
)
6.440 Vibration
No vibration sha11 be permitted which is detectable
without instruments at the points of measurement
specified in Subsection 6.320.
6.450 Glare .
6- 4
ARTICLE 7
I
)
)
7-2
)
I
I
)
)
) C. A nonconforrning use which is not permitted in any
I Zoning District, or which is permitted only as a
Special Use, nay only be changed into a conforming
) use.
p
d. When a nonconforming use shal1 be changed in accord-
) with the provisions hereof, the use of the
l) ance
building or other structure or tract of land shal1
not thereafter be changed again except in accordance
with these regulations.
b
D
D
)
t
t
I
) ARTICLE 8
)
ZONING HEARING BOARD
)
) 8.100 ORGANIZATION AND PROCEDURE
I 8.110 Establishment
I Pursuant to the provisions of the Pennsylvania Muni-
) cipal.ity Planning Code, Article fX, a Zoning Hearing
) Board is hereby established.
t 8.120
)
I 8.121 Members of the Board shall U6 recldbnts of
I the Municipality, appo,inted by the Governing
Body.-- The- Zoniirg Hbhring noaid shall consiit
:
)
I
I
)
)
I
I
) 8.I22
:? ._.-.,..__..:,4 \:.+ *.*.._t+
)
Appointnent !o Fi1l ygc3ng+gs
I TIie'Bijard 5na11 itid*prly notTqf ttt6:GoVeiirftne Body
9f any vacanci,es which od.cur. . Appointhetts to
I fill vacancies shall be for the unexpired
I '
term of the menber or members whose term or
terms become vacant and such appointments
to fi'll such vacancies shall be nad.e in the
)
same manner as the original appointrnent.
)
I 8.123 'Renoval
I) Any
-Board member
misfeasance
rnay be removed for malfeasance,
or nonfeasance in office or for
) other just cause by t rilajbrity-
vote of the Governing Body who appointed the
tt rnernber, taken after Ehe rnlrnber h'ai received
fifteen days I advance notice of the intent to
take such a vote. A hearing shalL be held in
I connection with the vote if the member shall
I requqst it in writing.
t
)
)
)
)
) The Board.shall elect from its own nembership
) its officers, who sha1l serve annual terms
"i
such and may succeed themsetrves. For the con-
) duct of any hea-ring and the taking of any
) a- quorqn shal1 be not less than a najority ".-iorr,
of ali
the members of the Board but the Boaid, nay
) appoint a hearing officer frorn its own mernber-
) r-hip to conduct any hearing on its behalf and
the parti": furtf,er action by the Board
) as provided T*y_waive
in Section 8.140. The Boaid nay
) rnake, alter and rescind rules and forns for'
its procedure, consistent with ordinances of the
) Municipality and laws of the comrnonwealth. The
) Board sha11 keep ful1 public records of its
business and shal1 subrnit a report of its
) activities to the Governing Body once a year.
) 8.130 Compensat ion
)
) l{ithin the lirnits of funds appropriated by the Govern-
ing Body, the Board. rnay emplby oi contraci for
) secretaries, clerks, 1ega1_ counsel, consultants and
) other technical and clerical services.
) 8. 140 Hearings ,;
)
The Board shal1 conduct hearings and make decisions in
) accordance with the fo11_owing iequirements:
)
8.141 Notice shaLl be given to the public, the appli-
) cqt!, the county planning agency, the zoniir!
) officer, such other p-ersons-as the Governin[
Body shal1 designatu !y ordinance and to an|
) person who has made tilnely request for the same.
) Notices shal1 be. given'at'such tirne and in such
manner a: shal1 be prescribed by ordinance or,
l in the absence of oidinance provision, by ru16s
of the Board. The Governing- Body may establish
)
reasonable fees, -based on cost, to bL paid by
) the-applicant and by persons requestin!, any
) notice not required by ordinance. tn addttton
) *:":l#Hii
ff?rins
Jrearrng snall. pe conspl
s"Ea1l +:q#*g*,1fiI'll?+
Ee=cons-iiibdbuili
aff,ected tract of Ladd.
*::*:r
fi;t;;I -:i
fi :*i;
;te
)
) 8.142 The, rnss, sher_l b_e_ so_ufuq.t_ed_ by_-ths__ B_qar_d_:
F9sIE'oaTd
or-EEe
) may appoin t any member as a hearing
may
)
fjcg.--gh€--decisigL,-e..r,r-ruhere--u.oAeiis-ior-::
--9f
1: calle{ fgr: the findini; ;h_;li-Eu *;a;:Et
) the Board, but
Ine_.soard, bgt the
the parties may waive decision
) or findings by the Bo.nrd and accept-ai'-i:.nar
the d.ecision
d.ecis
or f inclinls oi the rreiiine--"eiii"i .
)
) 8-2
)
)
)'
2
t
i
I 8.143 The parties to the _hearing sha1l be any per-
son who is entitled to notice under Seltion
I 8.1-41 without special request therefore who
t has made tinely appearanie of record before
the Board and any other person pernitted to
I appear by t-he Board. .The chairlnan or acting
chairman of the Board or the hearing officei
)
prgsiding sha11 have power to adminlster oaths
) and issue subpoenas to compel the attendance
) of witnesses ind the produition of relevant
documents and papers, including witnesses and
) docurnents requested by the parlies.
)
)
8. 144 The parties shal1 have the right to be repre-
sented by counsel and'sha1l be afforded
) the opportunity to respond and present evi-
dence and cross-examine adverse-witnesses on
) all relevant issues. Formal rules of evidence
) shal1 not apply, but irrelevant, immaterial, or
unduly repetitious evidence rnay'be excluded.
)
) 8. 145 The Board of the hearing Qff-icerr 3S the case
) nay -be, sha1l keep a stenographic record. of the
) SJ€+hic- o r, r^rr-i-tten
material- recei.ved in evidence sha1l be made
p -avai.].able .to aqp 4ar-ty .at eost.
) 8. 146 The Board or the hearing officer sha11 not
) communicafg, directly or indirectly, with any
party or his representatives in connection wittt
I arly issue involved except upon notice and
opportunity for all parties to participate, shal1
I not take notice of any_ communicition, ieports,
) staff niemoranda, or other materials for itt
parties to participate, sha11
) ot any communica-tionr, repor-ts,not take notice
staff
D or other naterials unles-s the partiesmemoranda,
are
affbrded an opportunity to contest the naterial
I so noticed and shall not inspect the site or its
) surroundirgr with any party 6r his representative
) yilg:: aLL parties are-given an opportunity to
De present.
)
8.L47 The Board or the hearing officer, 4s the case
) rnay-be, sha11 render a written d6cision-or, when
) no d,ecision is caIled for, make written finail;;
) g" !h9 app-lication wirh forty-tive days. Each
decision shall b_e accompanied by findings
) and conclusions based thereon t6getliei--iittofttfact
) reasons therefor. Conclusions based on any "
provisions of the pennsylvania MunicipaLi-ty
) Planning Code or of any'ordinance,
regulation shal1 contaiir a reference",ri"-o,
) visionsrelied on and the reasons why to the pro-
the .on^-
) clusion is deemed appropriate in th6 light of
t
) 8- 3
l
)
t
) the facts found. If the hearing is conducted by a
) hearing officer, and there has been no stipulation
) that his decision or findings are final, the Board
shall nake his report and reconnendations available
) . to the parties .and. the parties sha1l be entitled
) to make written representations thereon to the Board
prior to final decision or entry of findings. Where
) the Board has power to render a decision ana the Board
) or the hearing officer, as the case nay be, fails to
render the s€rme within the period required-by this
) clauser the decision shall be deemed to have been
) rendered in favor of the applicant. Notice of siid
hearing sha1l be conspicuously posted on the affected
) tract of 1and.'
)
)
8.148 A copy of the final decision or, where no decision is
cal-l-ed for, of the findings sha11 be delivered to the
) applicant person?lly or nailed to hin not later than
)
the day fol_lowing its date. To all other persons who
have filed their nane and address with the Board
) not later than the last day of the hearing, the'Board.
) shalL provide by rnail or otherwise, brief"notice pf
the decision or findings and a statement of the place
) at which the fuLl decision or findings may be exam-
) ined. Notice of said hearing sha11 be conspicuously
i posted on the affected tract of land
8.150 Soard! s Functions
)
) 8.151 Special Exceptions. The Board shal1 hear and
) @ special exceptions in
accordance with the standards and criteria
) set forth herein. In granting a special ex-
) ception, the board nay attach such reasonable
conditions and safeguards, in addition to
) those expressed in.the ordinance, as it nay
) deem necessary to implement the purposes of
this zoning ordinance.
)
t 8.152 .Unified Appeals. Where the board has juris-
ffizoning matter, the'boari shalI
) alsolhear al-1 apoeals which an applicant uray
) elect to bring before it with resbect to arry
municipal ordinance or requirement pertainiirg
) to the same development plan or devblopment.
) In any such case, the board sha11 have-no power
to_ pags gpon the nonzoning issued, but shall
) take evidence arrd nake a iecord thereon. At the
) conclusion of the hearing, the board shall make
findings on all relevant issues of fact which
) shaLl becorne part of the record. on appeal.to
) court.
) 8.153 Challenge to the Validity of any Ordinance or
) -
lating to variances, the Board sha11 have no
) power to upon the validity of any pro-
) vision of-pass
an ordinance or map idopted-Uy the
) 8-4
L
Governing !9dy. Recognizing that challenges
to the validity of_an ordinance or nap may
. present issues of fact.and of interpr6tation
which rnay 1ie within the special competence
of the Board, and to facilitate speei.y dis_
position of such challenges by a Lourl, the
Board may hear all charlenges'wherein the var-
idily of the ordinance or map presents alry issue
of fact or of interpretationl irot hithert6
properly determined at a hearing before another
competent agency or body, and shall take evi_
dence and nake a record'thereon as provided-
in Section 8.140. At the conclusioir of the
hearing, the Board sha11 decide all contested
questions of interpretation and shal1 make
findings on all relevant issues of fact
which sha1l become part of the record on appeal
to the court.
8.154 variances. The Board shal1 hear requests for
variancE where it is all_eged that the pro-
visions of the Zoning 0rdiiance inflict un-
necessary- hardship upon the applicant. Sub-
ject -to th-e provisions of Section g. ZL}, the
Board'rnay by rule prescribe the form of'app1i-
cation and may lgquire preliminary applicaiion
to the zoning officer. -The Board'may grant a
variance provided the following findinls are
made wheie relevant in a given case:
a. That there are unique physical circtmstan-
ces or conditions, including irregulatity,
narrowness, or shallowness of Lot-size oi-
rltapgr or exceptional topographical or other
physical conditi-ons peculiir to the particular
property, and that the unnecessary hirdship
is due to such conditions, and not the circum-
stances or conditions generally created by the
pro-visions gf thg Zo{ring_Ordinance in the neigh-
borhood or district in whi.ch the property is
located t
b. Ttrat because of such physical circumstances or
conditions, there is no reasonible possi-
bility that the propelty can be dev3loped in
strict conformity with irovisions of the
Zoning Ordinance'and thit the authorization
a variance is therefore necessaty to enable of
the reasonable use of the poop"rty;
c. That such unnecessary hardship has not been
created by the appeLiant;
d. That the variance, if authorized, will not
alter the essential character of'the neighbor-
8 -5
t
I
9
ii
t hood or district in which the property is
) locatedr- nor substant iaLLy or permaneirtty
impair the appropriate use or ievelopnent
) of adjacent property, nor be detrirneirtal to
) the public welfare; and
) e. That the variance -, if authorized, will rep-
) resent the ninimum variance that will'afford.
relief and will represent the least rnodifi_
) cation possible of the regulation in issue.
)
) fn g:ranting any variance, the Board may attach
such-reasonable conditions and safeguaid.s as it
) rnay deern necessary to implement the purposes of
) this Zoning 0rdinlnce.
) 8.160
) Appeals under sectio;r 8:1s1-"14 proceidings to challenge
) an ordinance under section g.1sz^ may be rfrea with
)
the Boar9. i" writing by any officer or agency of the
municipaLity, or any person aggrieved. [equbsts for a
I variance under section 9.1s4 miy be filed *itt ttr"
Board b^y any landgwner or any ti:nan:t with itre--pernis-
) sion of such landowner.
)
)
8.170 Time Linitations
) The tine linitations for raising. certain issues and
) filiqg certain proceedings with-the Board srrari b;
the following:
)'
) 8.171 No issue o-f alleged. defect in the process of en-
actment of anjr_ ordinance or map or- any amend-
) rnent thereto sha11 be- taised in any pi.oceeding
I filed with the Board later than trrir'iy-d"t;-l-;o'n
the tirne such ordinance, or anendlnent'takes
) effect unless the person nap
ra'ising ;;;h-i;;,lJ--'--
) alleges and proves-that he failed to receive
adequate notice of the enactment or amendrnent.
) rf 'such person has succeeded to his :.nteiJsc--
) after the enactment of the ordinances, adequate
notice to his predecessor in interest shali be
) deemed.adequate notice to him.
) 8-772 No person sha.ll 'be allowed to f ile any proceed-
) ing with_the Board rater than thirty Sais afier
) any^application for development, prLlinirr"ry
or final, hl!-been approvei by in' appropriaTe
I municipal offi.cer, ag-ncy or Lody ;.i^suih
proceeding is designed tb secure reversal or to
) lirnit the approval in any manner unless such
) person alleges and proves that he failed to re-
) ceive adequate notice of such approval. If suctr
t
)
t
D
l
)
)
person has succeeded to his interest after such
, approval, adequate notice to his pred.ecessor in
)
interest shal-l be deemed adequate notice to hirn.
) 8.180 Stay of Proceed.ings
)
Upon filing of'any proceeding referred to in Section
) 8.160 and d.uring its pendency before the Board all
)
land development pursuant to any challenged ordinance,
order or approvaL of the zoning officer or o f any
) agency or body, and. all official action thereunder shall
I be stayed unless the zoning officer or dny other appro-
priate agency or body certified to the Board facts in-
) dicating that such stay would cause irnninent peril to
) life or propertl in which case the development
or official action sha11 not be stayed otherwise than
) by a _restraining order, which may be granted by the
) Board or by the court having jurisdiction of zoning
appeals on petition after notice.to the zoning officer
) or other appropriate agency or body. Illhen an appli-
) cation for d.evelopment, preliminary of final, has been
duly approved and:procceiings desilned to reverse or
) linit the approval are filed with the Boar.tl by persons
) other than the applicant, the applicant may pbtition
the court having jurisdiction of 'zoning appeals to ord.er
) such persons to post bond as a condition lo continuing
) the proceedings before the Board. The question whether
or not such petition should be granted and the amount
) of the bond sha1l be within the sound discretion of the
) court
) 8.190 General Gratlt of Power
) The Zoning Hearing.Board shall perform all the duties
) and have a1.1 the. powers prescribed by the Pennsylvania
) Muni.cipalities Planning Code and as herein more par-
ticularly provided.
)
) 8.20 0 ZONING CHALLENGES
) 8.2L0 Landowner
) A landowner-de_siring to challenge the validity of any
) provision of the Zoning 0rdianacer or any amendnent
) thereof shall not be required to make or file any
application for development. as a condition to pursuing
) any available judicial or adninistrative relief, except
) in the following cases:
) 8.2Lt When the power to grant relief against the
) chal-lenged provision is lodged in any adminis-
trative dgency or officer and the application
) is necessary to a d.ecision upon the appropriate
) re1-ief; and
)
)
)
)
)
9
I
D 8-z,z Trru" an.application is necessary to def ine
) the controversy and to aid in its proper
disposition.
l 8.220
)
) Notwithstanding any provision contained in
) section 8 -zL| sr thii ordinance, a landowner
desiring-tg, .h311enge^the validity of r"y--pro_
) vision.of the' zonin! ordinanc;,-;; any amendment
) thereof,_nay elect io file a conplet"'.pJil;;;;o"
for development, either prefiminSr" o, fina1.
) with the- appropriate ageircy or officer ;;e--'
) demand thal-such agency or officer decide'in
what respects the application accords with che
) provisiols of the governing ordinance or map
) and in what respecis it coifticts therewiih'i
) 8.221 The deternination pursuant to such dernand
) . sha1l be made in alcordance with the pro_
ced.ures and within the time preicribed
) by this Ordinance for acting upon the
) application in question. g[t i,here the
procedures otherwise appl_icable do not
)
Iequi{e this, a.decision pursuant to a
demand rnade under this ,.ition iharr be
)
in writing and sha11 note the maiters
) deemed to-be in conflict wiCh ihe orain_
) ance or map relied upon. A copy of the
decision shal1. be. fu-rnished. thL' applicant
) personally or nailed to hirn not Later
) than the. day after the decirior, i, ,"r_
dered.
)
) 8.222 Upon receipt of the decision, the land_
)
. oumer ryay imurediately pursue the admin_
istrarive. agg judiciil proceedings avail-
) able .to chal_lenge the pioviiiorrr-found
be in conflict with hi3 application. fnto
) additionr.he rnay elect to-ierve a copy of
) the deci:ign upon the Governing Body-io--
)
getler wltl-coiies of his and
notice of his lntention to"ppii.rtion
lbcure the
) . lqecial relief authorized
If the landovmer elects toby Section 8.560.
serve such
) notice, the_Governing Body ;h;ii ir".ru
) slTt)r from the ieceiit ttrereof within
which {"yr
it 4ay- anend the chillenged. pro_
) visions of the ordinance or mai. if no
anendmeng, ir ad.opted within
period-, the court rendering thb sixty day
)
) the decision
up-on the challenge sha1l dlsregard
) subsequent amendment and may, if it "rry
fr6fas
)
) 8-8
)
)
I
,
E
D
I the challenged provisions invalid, enter
judt:T?lt ordering the
) Srnroprir.u asency
or otrr.cer to approve the landowner,i
, is
?pplication as fifea. If an amendment
adopted within the sixty -diy period,
the landownef may accept tire airendment
and disrniss his iction without prejudice
to his right to raise the sarne issies---
in another action; or he ,ry ,*urrd his
complaint and challenge the amendmeni
provisions and if suc[ amendeJ provisions
are held invalid by the court, ihu
court-:!"-11 have power to
ordering the- apprbpriate enter or officer
judgenent
"g;;;y
to approve the landownerts-appiicati;;-;;-
filed-
8-223 when the landowner is of
'naware io, the
flict between his appliciiion con-
develon_
ment and the provisi6ns of the oiai"""i.'
or map at the time of filing thereof and
files a-complete appricatioi -preriminarv
or final without sbiving demant-i;;-;"*''
decision thereon as proiid.ed itt trrit
section, and thereafter the appli""iio"
is disapproved on ttre gro;na=-[t"t it
conflicts with provisions of the govern-
ing ordinance oi nap, the fandowner may
e1ect, tt that tine, to dema"a J..irio"
in the term,s required by this section
"
whereupon the pfocedures ,"i-eortfr in
this section aird th, powers granted to the
court. sha1l be applicible as-if a demand,
had been served it the tine-ttE application
was fi1ed.
8.500 ZONING APPEALS TO .COURTS
8-i.o
)
D
)
) 8. 340
Ip The appellant, before proceedilg_to hearing or argu-
ment upon the zoning appeal, shilt obtain irra tir"
) with rhe court tranicriit tt ur"of.
) 8.350 Supersedeas
)
I At any tirne during the. pendgncy of a zoning appeal,
the cburt or a iuEge- th;;;;f"ily grrnr an order of
supersedeas gpon such terms and- c6nditiolsr-including
) the filing of-security, ai-the-court or judge thereof
t nay prescribe.
) 8.560 H"uti"g nrg*",
) "rd
p rf no verbatin record of testimony before,the Board
was mader.gr if upon rnotion, it i; ;h;;-tr,i.i proper
) consideration of the ,oring'rpp"rr rgquires the pres-
) entation of additional evidenil a judge-oi-tt" court
)
may ho1d,-1
lgllilg ro receive such-;tii";;u-oi *ry
remand the case to the Board or refer it to a referee
p to receive such erridence. Finar decirioo of--eactr
z-oning appeal shal1 be made uy irre courtr or a judge
) thereo-f,golsidering the recorb and tn"-ii"Ji"g,
) fact m?4e by t_hg g6ard."r- ,rff r"rn"rrt.a "r
""al.iraced
by findings of fact nade av iirag; or referue.-
) final decision shal1 contain-.oi"r"rrons of iaw,Theand:
)
8.361 {herg th-e appeal is from the decision of the
) Board, the court may-reverse, affiim-o"-roJify
) the d.ecision appealid.
) 8.362 Wh919.the appeal involves a challenge to the
) validity of any ordinance or nap thE .o.rrt
have power to declare the ordinince, map o t sha11
) p_rovisions rhereof invalid and, in iaaition arry
) thereto,
^shatlof1"y." ppwer to: '(ij ;;;;, judge_
t ment in favor the-landowner ds-proviaea-i;--
. ;;l':"" _
) ;i!84"',- 321,"" i, f I I J u' I iil"
tng.Body an opport*nity to rnoair;-;;
ls ;f i:;tr:
p
ord'inance or rnap in actordance with the JrJ"i"ii""
p of the court. opinion
) 8.570 Costs
)
l No costs
shall be allowed against the Board, unless
it shall appear to the couri that the Board acted
b with gross.negligence or in bad faith or with malice.
) 8.380 Appellate Review :
)
p Appeals from decisions of courts made under this ordin-
)
) 8-11
t
b
t
D
I ance sha11 be taken to the cornrnonwealth court of penn-
) sylvania in the manner provided for other civil cases,
) but no such appeal shall be entertained unless it is
filed within thirty days after the date of entry of'the
) decision of the lower court
)
)
)
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)
)
)
)
)
)
)
)
)
)
)
)
)
)
)"
)
)
)
)
)
)
)
)
h
)
)
)
)
)
)
)
)
I
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)
)
, ARTICLE 9
)
ADMINISTRATIoN Aryq ENFORCEIvTENT
)
)
9.100 zoNrNG. qFF.rcER
)
) 9.110 Creation of Office
) The office of Zoni.ng officer is hereby established.
)
9.L20 Appointment
)
) .Thg Zq+ing Officer shal-1 bu "pp-o_intg1 *nd Cgnift4satect
i by , lhe se_vjr{r +trg*b_qdt,
)
) 9. 150
) The Zoning Officer nay not hold any elective
) in the Municipality. office
) 9.L40 Powers and Duties
)
) The Zoning officer sha11 administer the Zoning ordin-
ance in accordance with its literal teirns; ile shal1
) not have- the power to pgrli! any construction
use or change of use which does'not conforn toorthis
any
) ord,inance. He shalI exarnine all applications for
) permitsr-issue pernits for the coniiruction, altera-
) 9ion, enlargement and occupancy of all uses which are
in accordance with the reqirireirents of thii oiai"."iu
) and all nonconforming uses, record and fir-e ai1- appli-
cations fgr permits, with acconpanying plans dbiu-
) iielts_, and rnike such reports to tir" Fri""i"g and
.c;**ilJio"
) and the Zoning Hearing Board as nay re iequlrua-
) Building permits for a variance fron the requirenents
) of this Ordinance and fo._such special uses as may
)
be enumerated in Article J, herebf srrari-ue iisueit
only upon written order of-the Zoning uearin!-ioara.
)
)
9.150 Appeals
) +11 appeals fron decisions of-the zoning officer sha1l
be taken in the manner set forth in thi; ordinance and
) as otherwise prescribed by the pennsylvania
) ities planning Code. rrt*i.ipat-
) 9.2O0 ZONING PERMITS
)
) 9.2L0 lprpgse
) To d-eterrnine cornpliance with the 'provisions of this
)
)
)
)
)
)
)
) Ordinance. No person sha1l erect, alter or convert
) any structure or building, or part thereof, nor alter
the use of any land, subseque.nt to the adoption of this
I Ord.inance, until a Zbning Perrnit'has been issued by the
) Zoning Officer.
I g.220 Application for Perrni.ts
I
I A11 such applications shall be accompanied by p1ans, in
duplicate, drawn to scale, showing the actual shape
I and d.imensions of the lot or lots to be built upon,
its assesment map and parcel number as recorded, the
t da€e-sf official record of any 1ot or lots on which
) construction is proposed, the exact sr.ze and l-ocation
of any building, sign, parking or loading area or
) other physical feature existing or proposed on the lot,
t the existing and intended use of each building or part
of a building, the number of families, dwelling units,
) enployees, offices or other appropriate units of
I oecupancy which the building is designed to accomrnodate,
and such other inforrnation as may be necessary to
) determine compl-iance with this Ordinance. One copy of
such plans shal1 be returned to the owner when such
plans sha11 be approved; one copy each of alL appJ-i-
cations with acconpanying plans and documents sha1l
become a public record after a permit is issued or
denied.
T
p g.230 'issuance of Permits
) It sha1l be the duty of the Zoning Officer to issue
t a Zoning Permit, provi-ded he is satisfied that the
'structure, building, sign parking area of premises,
) and the proposed uii thereof, conforrn with aLL'require-
p nents of this Ordinance and that all other reviews
and actions, if any, ca11ed for in this Ordinance.
) have been cornplied. with and all necessary approvals
) secured' thereof.
) Al-I- Zoning Permits shall- be issued in drrpl-icate and
I one copy shal1 be kept conspicuously on the premises
effected, and protected from the weather, whenever
) construction work is being performed thereon. No
) owner, contractor, workman or other person sha1l
perforrn any building operations regulated by this
) ordinance of any kind unless a Zoning Pernit covering
) such operation has been displayed as required by this
tp Ordinance, nor shal1 they perform such building oper-
ations after notification of'the revocation of said
Zoning Permit.
) 9.24A Denial of Permits
)
Itlhen the Zoni-ng Officer is not satisfied that the
) applicantt.s proposed developnent will meet the require-
)
) 9-2
)
)
D
ments of this Ordinance, he shall refuse to ISSUe a
Zoning Permit and the^applicant may appeal to the
lglltg Hearing Board fol-a reversai oi-the Zoning
Officer rs decision.
9.25O Revocation of permits
rf it shall ?ppulT at a'.y time, to the Zoning officer
that th9 application or acconpanying pranr-ai" in any
material respect false or misieah.in[ or that work is'
being d91"-uion the prenises differrng *ri"ri.itty from
that ca11ed for in the applications tirea wiirr nim
under existing laws or oriinances, he r"t i;;;hwith
I
revoke-the zoning permit, whereupon it sfrall be the
I dulr of the person holding the iir" to s'rrender it
?ld all- copies thereof
After
to the said zoning-ofii....
I
the Zoning- perqrit has been rev-oked j; tt e Zoning
officer_marr in his descretion, b;ibi;l'rr"i"e a new
Zoning Perrnit, require the appiicant to file in in-
denlity bond in favor of thelitunicipatity *itr, suf-
ficient surety conditioned for compiianc6 *itr, this
ordinance and alL building laws anh ordi"r"i"i then
in force and in a sun sufficient to cover the cost of
removing the building if it does not so comply.
9. 300 OCCUPANCY PERMITS
9- 6
!
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i
)
) ARTICLE 10
) A},IENDMENTS
)
) 10.100 PROCEDURE
)
) Before- votips_on the enactment of an amendment, the Governing
B"-dI shal1-ho1d I public hearing thereon, pursuant to
t public notice. In-the case of in anendnent other than that
prepared by the, Planning Commissi-on, the Governing Body sha11
) subnit each such amendment to the Pianning Commisliotr it least
) thirty 91yt prior to the hearing on such froposed amendment
) to provicle the Planrling Commission an opportunity to submit
recommendations. rf , after any public hearing h'erd upon. an
) arnendment, the pioposed anendment is revised,-or furtirer.
) vised, to include land previously not affected by it, the re-
Governing Boily sha,11 hold another public hearing, puisuant
) _t_o
public notice, before proceeding to vote on lhe^amendnent.
) countl Planning C-ommission exists, amendments shall
I\rhereea-
be subrnitted 50 days piior to the schedul6d publich,hearint:
)
) 1O .2OO PUBTIC NOTICE
11 -2
p
)
D
) persons, aninals, or property. I{hen such a structure is
t divj.ded into separate paits by one or more unpierced wal1s
extending frorn the ground_up, pach part is debned a separate
) building, except as regards-ririninum side yard requir'ements.
)
11.109 Building Group
)
) Any building, such as a store group, which is divided into
) s.eparate parts by one or more unpierced walls extending from
Ene ground up.
)
I 11. 110 Buildine Heieht
) The vertical distance neasured from the mean leve1 of the
) sloqrd surrounding the building to a point midway between
tl,9 highesr and lowest point of the rbof, but not including
) c!irnr-reys, spires, towerlr' elevator penthouses, tanks, and
) simil.ar projections
) 11.111 Buildi$r, Principa]
) A building in which is conducted the principal use of the
) building site on which it is situated. rn iny. residential
) district any dwelling shall be deened to be a'principal
building on the z,orLe Lot on which the same is iocated.
)
) a. Cluster' Develonment
) A residential- cluster shal1 includ.e an area to be
) deyeloped a9,a single entity according to a plan con-
taining residelntial hsusing r:nits in which the indivi-
) dual lots have a. conmon or. public open space as an
) appurtenance. such conmon or publii opeir space sha11 be
assured of continuecl operation-and naintenairce either
) thiou-gh the d,edicationrof such area to the Municipality
) 'and the Municip_alityrs acceptance thereofr.or thrbugh
the creation of a homeowners association, or througf,
) the acceptance of. such responsibility, in-
- d.eveloperts
cluding such- lega1I-y-binding agreement-! as may bb're-
) quired to achieve such assurancbs.
I
I 11. LLT CommerciaL: Vehic.le
l
) 11.116 ?we11ing Structure
) A*I structure which shal1 contain one (1) or more dwelling
) units, not i.ncluding a hoteI, hospital, nursing home, doril-
itory, fraternity or sorority house, room house, boaiding
) house or similar structure.
)
)
11.117 Dwelling Unit
) one (1) or more rooms, including a kitchen or kitchenette, and
)
sa!itary facilities in a dwelling structure, designed as a
unit for occupancy by not more than one (1) farnily for living
) and sleeping purposes.
) 11. 118 Essential Services
)
) The, erectig1r , aLteration, or maintenance, by
public utilities-construction
or municipar or other governmental agencies,
) of underground or overhead- gas, electriial, steam or water
) transmission or d.istribution systems, includi.ng poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm
) boxesr_ police call boxesr-traffic lighi sigr1a1s, hydrants,
) and other sinilar equipnent and acceisoriei in connection
therewith; reasonably necessary for the furnishing of ad-
) eqgate. service by such public utilities or municipal or
) other governmental agencies or for the public health or
safety or general welfare, but not including buildings.
)
) 11.1-19 Famitr-y
)
Ibypiece or parcel of land occupied or intended to lbe )cclcuplieed I
) 11 -6
) I
)
I
)
)
) a. Lot. Corner
)
) A lot abutting upon two (2) or more streets at their
intersection or upon two parts of the same street, such
) streets or parts of the same street forrning an interior
) angle of less than 155 degrees. The point of inter-
section of the street 1ot lines is the 'rcorner".
)
) Lotr. DePth
) The mean horizontal distance between the front and the
) rear lot 1ines.
) c. Lot Lines
)
The property lines bounding the 1ot.
)
) l-. Lot Line, Front. The ult.imate right-of -way f-ine
)
ffiroad.
) Z. Lot Line, Rear. The lot line opposite and nost
ffie rronc ror rrne
)
) 3. Lot Line, Side. Any l-ot line other than a front or
A side lot line separating a 1ot
) from a street is qalled a sid.e street 1o.t 1ine.
)
4. Lot Line, Street or A11ey. A 1ot l-ine separating
) 11ey.
)
d. Lot lttidth
)
) The mean width of the 1ot rneasured at right angles to its
depth. Such a line aLong which this minirnum 1ot frontage
) sha1l be neasured at a point which sha1l coincide with
) the building set back or front yard 1ine.
) A Lot Area
)
The computed area contained within the lot lines and the
) ultirnate right-of-way Line. 'The area within the right-
) of-way sha1l not be computed as part of the Iot area.
) 1L. 128 Mot-el_s, Mogor $rur.!s a-ryL Motoq Ho_t.slg
)
A series pf attached or semi-attached dwelling.structures,
) where each unit has convenient access to parking space for
) the use of the unitsr' occupants. Ttre units, with the ex-
ception of the managerts office or caretakerts unit, are de-
) signed to provide sleeping accemmodations for automobile
) transients or overnight guests.
) LL.L29 jr{unicipgli-tv
)
The Botdughrrof Forty Fdrt.
)
)
)
)
b
)
)
11.130 Nbnconforning Lot
)
) Any zone 1ot in single ownership, where. the owner of
said lot does not own any adjoining property, the sub-
) division of which could create one (1) or more conform-
) ing lots, which does not conform with the minimum
area and/or dimensions required in the District where
) .such lot is situated or for any special use, as the case
) nay be
) a. Net Land Area
)
The net land area of any development parcel sha11
r include only the area contained wit"hin the prop-
) erty line and the ultimate right-of-way line. The
area within the right-of-way (public right-of-way
) or other'thoroughfare) shaLl not be computed as
l part of the "net land arearl
) 11.131 Nohconforming St{ucture
)
A sign or structure, the design or size of which does
) not conform to the regulatj-ons of this Ordinance for
) the District in which it is located.
) IL.L32 Nonconforning Use
)
A building, structure or prernises lega11y existing
) and/or used at the tim.e of ad.option of this Ordinance,
) or any amendnent thereto, and which does not conform
wj.trr' the use reguLations of the district in which
) .located. A nonconforming use is not intended to in-
) ' clude the nonconforrnance standards specified in Article
6 hereof. A Zoning Perrnit will be required for a change
) of use only when a use is proposed to be changed to a
) less r.estrictive use, 3s set forth in Sectiorr 2.400
hereof.
)
) 11.133 Nursing Home
) Any prenises with less than fifteen (15) sleeping roons
) where persons are lodged and furnished with rneals and
ntrrsing care. ,
)
) 11.134 Parking A.rea, Private
) An open area for the sane uses as a private garage, and
) regulated as a private garage.
) 11.155 Parking- Area,, Pub,fic
)
Arr open aret, other than a street or other public way,
) used for the parking of automobiles and availhble to the
) public whether for a f,ee, free or as an acconmodation
for clients oi customers.
)
l
)
11 -B
)
)
J
I
)
l 11.136 Planning Cornmission
l of the
l The Planning comlnission
LI.L37 Professional Office
Boroug,h.--o:i Forty Fort.
D
tp The office of a rnernber of a recognized profession.
When conducted in a residentiat f,istric^t, a profes-
sional office sha11 be incidental to the residential
F occupation, sha1l be conducted by a menber of the
) residential farnily entirely within a residential
t) building, .and shall include only the offices of
doctors, or physicians, dentist!, optometrists,
ministers, architects, landscape architects, profes-
) sional engineers, lawyers, artists, authors, musicians,
and such other sinilar professional occupations which
) may be so designated by the Zoning Hearing Board upon
lp finding by the Board that such occupation is truly pro-
fessional in character by virtue of the need for
sinilar trainihg and experience as a condition for
p the practice thereof and that the practice of such
occupation shall in no way adversely affect the safe
I and confortable enjoyrnent of property rights in any
zone'to -a greater extent than for the professional
) activities listed herein. The issuance of a'State
l or Local license for regulations of any gainful occu-
pation need not be deemed indicative of professional
F standing.
)
t 11.158 Recreation
I) &. Recreation Commerical
Recreation facilities operated as a business and
t) open to the general public for a f,ee.
b- Recreation Private No.n- Conunercial
)
CLubs or recreation facilities, operated by a non-
) profit organizatLon and open only to bonafide
) members of such organization
)
t) Recreation
Rbcreation
Public
J
facilities operated as a non-profit
enter.irise by the Municipal ity, any other govern-
) mental entity or any non-profit organization and
) open to the general public.
) 11.159 Residential Street
) A street, between two intersecting streets, upon
) which an R-District abuts, .or where fifty (50) percent
) or more of the abutting street frontage is in pre-
dominantly residential use.
)
)
)
)
t
t
;
p 11.140 Rooning House
F A building containing a. single dwelling
p ror rne rooming and/or unit and rooms
persons, but not more _P::.*_tis_ of Ieast tr,r"" asi-=
; by pfe-arrangement for .l.l.twenty-five
^?t (ZS) persons
cretrnrte period of not
D on€ (1) week. less than
h
I
l
)
A seasonal dwelling sha11 be'any-detached
designed for yeat-iound. *r.-bv vi.rtue
of central heiting r"a-ri;;rli of
dwelling not
the absence
p r".iiiti"r."
LI.L4Z SigI
)
) A "sig1" is a nane, identificatior,
)
l prav, or illustratio"-*iii;h-;;. affixed
or represented directlr_or inai.regtly
description, dis-
to, = or painted.
structure, or piece or'rina-;;a-ili;i, ,.rpo' a building-
' to ;i;;.is attenrion
) "l_oblect,.i,rogTr;
tution, organilation ;i;;.]..activ_ity,
or^ uusii"ir.
person,
-a insti_
) Hoiryevbi, ,,si_gn,,
sha11 not includ",111-a_i;;i;";;^griiJiJi.Jo,,".r
public office noticeb, noi ,iy official or
) trol device'' nor ;hali i;-il.i"a. the f1ag, traific con-
) insignia or a emblem or
l
)
".ri::i-yiitJ,-ilunty,
school or a religiogs rnuniEipa Lity,
group. a ,,:igrr,, shali not in_
clude.a sign rociied-.;;;i5i"ri
building -ercept for iri"fii"";;e-",within an enclosed
show windows.' Eait..Jiipi"-y-JJiface animated signs within
) considered to be a ,,si--;;;:, Jqr of a sign sha11 be
)
)
11.143 Sign, Business :i
lfinits no case'pJrrir.g
lT€i_E#j.1_
-through
"r "i.fi-"ii"i'
2
)
t
)
)
)
t,
, r r4 6ffi*,T';iTi;lli,r"T$,,ji,,#,
A ttspgcial Fyna*r.
11.747
ruffi*firuffifig.}#Fff**
. stou perrnittuJ]""
jl:-xiji
d** #iicif
#iif ii *r
gf, o.'f
+i" ll'ii: ' f'f
ur L
samb r 1 r oo r,
"ii i"i*:rfi.-;;o
ff ,'sf:if ji"i_"i;i,
e
;;ir;
::ili:l:.
ffi
#xiji""
Lfi#i5xffi
g:ff
caretake;
:".
*t"
ns*"*'.iif
f rtt
"
.;;, ::i#t:;
;;Tii,rlfifii.
'jifr
;ff ii; : lr*;*
if;
",
j,{:i#tf
* i.:.,
r-rssJj
il,;"Tij.':
r'fl:s:fJ' * r r.
f* f f3l;
b. First "
t;i'}i
'{i i*
the exte ili ,Ti {t'=*-#i#
.
11;148 street L'e ouilding t'tr f I si: i:"':'
;tfi$$Hfi,i*H,kH:'#ffi
11-1r
a. Side Street
Any street, the length of which shall be not
nore than 50 per-cent of the length of the 1argest
street line of the Municipalityt s blocks of which
it is part
r1.149 Structural Change
Any.change-in the structural members of a building,
such as wal1s, beams, columns, or girders.
11.150 Ultimate Rieht-of-Wav
The fu1l width of the road designaled by the Governing
BgdI to-be the rninirnurn required"width i't ,ny public---'
right -o f-way.
11.ls1 Yard
L1.152 Variances
The Zoning Hearing Board is authorized. departure to a
11 ^L2
ninor,degree fron the terrns of this Ordinance in
regard to hardship perculiar to an individual 1otdirect
accordance with tle- proc"drru, set forth in in
ance. this Ordin-
11. 15 3
11-13