ZONING

Table of Contents

Article 1

Title, Application and Purpose

~ 61 ~

101. Title and Short Title

102. Application of Ordinance

103. Purpose

104. Minimum Standards

105. Community Development Objectives

3

3

3

3

4

Article 2

Definitions

201. Definitions

5

Article 3

Zoning Map and Zoning Districts

301. Official Zoning Map

302. Classes of Districts

303. Interpretation of District Boundaries

14

14

15

Article 4

District Regulations

401. Woodland Preservation (W-P)

402. Agriculture Residential (A-R)

403. Village Residential (R-1)

404. Commercial (C)

405. Designated Floodprone areas (F)

406. Institution (I)

16

17

19

21

23

24

Zoning Maps

Original

Revision 1986

26

27

Article 5

Supplementary Regulations

501. Additional Regulations for All Districts

502. Home Occupation Regulations

503. Accessory Uses, Buildings, or Structures

504. Sign Regulations

505. Timbering Regulations & Conditions

28

29

30

31

33

Article 6

Nonconforming Lots, Uses, Structures and Buildings

601. Statement of Intent

602. Nonconforming Lots of Record

603. Nonconforming Structures or Buildings

604. Nonconforming Uses of Structures and Buildings

605. Uses Under Special Exception Provisions Not Nonconforming Uses

606. Registration of Nonconforming Uses and Structures

35

35

35

36

37

37

Article 7

Administration and Enforcement

701. Enforcement

702. Zoning Permit

703. Certificate of Use and Occupancy

704. Schedule of Fees, Charges, and Expenses

705. Amendments

38

39

40

40

40

Article 8

Zoning Hearing Board

801. Creation Appointment - Organization

802. Hearings

803. Functions of the Zoning Hearing Board

804. Special Exception Conditions

805. Procedures for Application to the Zoning Hearing Board

806. Stay of Proceedings

42

43

44

47

53

54

Article 9

Miscellaneous

901. Appeals

902. Remedies

903. Penalties

904. Public Utilities Corporation Exempted

905. Severability

906. Repeal of Conflicting Ordinances

907. Effective Date

55

55

55

55

55

55

55

ROAD BONDING AMENDMENT

56

Article 1

Title, Application and Purpose

101. Title and Short Title.

1. Title An ordinance establishing regulations and restrictions for the location and use of lots, land, buildings, and other structures, the height, number of stories, and size of bulk of buildings and structures, the density in population, off-street parking and similar accessory regulations, in Sugarcreek Township, Armstrong County, Pennsylvania, and for said purposes dividing the municipality into districts and prescribing certain uniform regulations for each such district and providing for administrative enforcement and amendment of its provisions in accordance with the Pennsylvania Municipalities Planning Code, as amended.

2. Short Title - This ordinance shall be known as, and may be cited as, the Sugarcreek Township Zoning Ordinance of 1984.

102. Application of Ordinance. Except as hereinafter provided, no building, structure, land, or parts thereof shall be used or occupied, erected, constructed or assembled, moved, enlarged or structurally altered unless in conformity with the provisions of this ordinance.

103. Purpose. This Zoning Ordinance, including the provisions, requirements, and districts as hereinafter set forth, is based upon and intended to give effect to the policies and objectives set forth in the Comprehensive Plan of the municipality, and is intended to promote public health, safety, and the general welfare by achieving, among others, the following purposes and objectives for development:

Lessen congestion on the roads and highways;

Secure safety from fire, panic, and other dangers;

Provide adequate areas for vehicle parking and loading space;

Provide adequate light and air;

Promote health and the general welfare;

Avoid undue congestion of population;

Encourage the most appropriate use of land;

Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public improvements;

Conserve the value of land and buildings;

Encourage the harmonious and orderly development of land.

This ordinance was prepared with reasonable consideration being given to, among other things, the character of various areas within the municipality, and their peculiar suitability for particular uses, and with a view toward conserving the value of property and encouraging the most appropriate use of land throughout the municipality.

104. Minimum Standards. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, and/or general welfare of the residents and inhabitants of the Municipality.

105. Community Development Objectives. The basis for this ordinance is the Comprehensive Development Plan, as adopted by the Governing Body. The Comprehensive Plan enumerates, locally desired development goals and objectives which this ordinance seeks to accomplish.

Article 2

Definitions

201. Definitions. For the purpose of this ordinance, certain terms, phrases, and words are defined as follows:

Tense, Gender, and Number Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter; the singular number includes the plural, and the plural the singular.

General Terms The word shall or must is always mandatory; the word may is permissive. The words used for includes designed for, arranged for, intended for, maintained for, or occupied for. The word building includes structure and shall be construed as if followed by the phrase or part thereof. The word persons includes individual, profit or non-profit organization, partnership, company, incorporated association, or other similar entities.

Terms, Phrases, and Words not Defined When terms, phrases, or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.

Specific Terms Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:

ACCESSORY BUILDINGS

A subordinate building, the use of which is customarily incidental to and located on the same lot occupied by the principal use to which it relates.

ADULT-ORIENTED BUSINESS

A business or club which engages in one or more of the following areas of sales, services or entertainment:

1. Adult Bookstore Any establishment or place:

A. which has a substantial or significant portion of its stock in trade consisting of the following items:

(1) books, magazines or other periodicals, films or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or uncovered male or female genital areas; and/or

(2) instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities or conduct; and/or

B. to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images, with or without sound, where the images so displayed are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or uncovered male or female genital areas.

2. Adult Theater any theater, auditorium, concert hall or other place of assembly (a) presenting any form of audio and/or visual material, and in which a substantial portion of the total presentation time measured over any consecutive twelve (12) month period is or will be devoted to the showing of material which is distinguished or characterized by emphasis on depiction, description or display of sexual activities or uncovered male or female genital areas, or (b) featuring live performances on a regular basis which are distinguished or characterized by emphasis on depiction, description or display of sexual activities or by exposure of uncovered male or female genital areas for observation by patrons.

3. Massage Establishments any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

4. Other Adult-Oriented Retail, Commercial Service or Entertainment Establishment any other business or club which primarily offers its patrons or members retail goods, commercial services, or entertainment which is characterized by an emphasis on matter or activities relating to, depicting, describing or displaying sexual activity or conduct or uncovered male or female genital areas.

AGRICULTURE**** -

The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry**** and animal husbandry.

ALTERATION

Any change or rearrangement in the structural parts or in the existing facilities of a building or structure, or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such building from one location or position to another.

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing.

BASEMENT

A story partly below the finished grade but having at least one-half(1/2) of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grad abuts the exterior walls of the building. A basement shall be considered as one story in determining the permissible number of stories.

BOARD or ZONING HEARING BOARD -

The Zoning Hearing Board of Sugarcreek Township.

BUILDING -

Any combination of materials forming any structure which is erected on the ground and permanently affixed, thereto, designed, intended, or arranged for the housing, shelter, enclosure, or structural support of persons, animals, or property of any kind.

BUILDING, DETACHED

A building surrounded by open space on all four (4) sides within the same lot.

BUILDING LINE or BUILDING SETBACK LINE

A line, established by the Zoning Ordinance, within a property, defining the minimum distance between any building or structure or portion thereof to be erected or latered, and an adjacent right-of-way or street line. Such line shall be measured at right angles from the street right-of-way line and shall be parallel to said right-of-way line.

BUILDING, SEMI-DETACHED

A building which has one (1) wall in common with an adjacent building.

BULK

A term used to describe the size, volume, area, or shape of buildings or other structures and their physical relationship to each other, to open space, or to tracts of land, to lot lines, or to other buildings or structures.

CELLAR -

A story partly below the finished grade, having at least one-half (1/2) of its height (measured from finished floor to finished grade where such grade abuts the exterior walls of the building). A cellar shall not be considered a story in determining the permissible number of stories.

CERTIFICATE of USE and OCCUPANCY

A statement, based on an inspection, signed by the Zoning Administrative Officer, setting forth that a building, structure, sign, or land complies with the Zoning Ordinance, or that a building, structure, sign, or land may be lawfully employed for specific uses, or both, as set forth therein.

DISTRICT

A district area within the Township delineated on the Zoning Map wherein use of land is subject to uniform regulations and requirements under the provisions of this ordinance.

DWELLING

A building arranged, intended, designed, or used as the living quarters for one or more families living independently of each other upon the premises. The term dwelling shall not be deemed to include hotel, motel, rooming house or tourist home.

One-Family A building arranged, designed, or intended for and occupied exclusively by one family.

Two-Family A building arranged, designed, and intended for occupancy by two (2) families living independent of each other and doing their own cooking therein.

Multiple A building arranged, designed, and intended for occupancy by three (3) or more families living independently of each other and doing their own cooking therein.

DWELLING UNIT

A building or portion thereof providing one (1) or more rooms arranged for the use of one (1) or more individuals living together as a single housekeeping unit, and having no cooking or sanitary facilities in common with any other dwelling unit.

FAMILY

One (1) or more persons, occupying a dwelling and living together as a single housekeeping unit and using cooking facilities and certain rooms in common, or where unrelated persons live together, six (6) or less persons shall be considered an equivalent family unit.

FLOOR AREA or GROSS FLOOR AREA

The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating buildings. In particular, the floor area of a building or buildings shall include all spaces with a structural headroom of seven (7) feet six (6) inches except cellars.

GARAGE, PRIVATE

An enclosed space for the storage of one or more private motor vehicles provided that no business, occupation, or service is conducted therein.

GARDEN APARTMENT HOUSE

A multi-family dwelling, not exceeding three (3) stories in height, containing three (3) or more on a lot which is held in single and separate ownership having yards in common but which may also have other joint facilities and services.

GASOLINE SERVICE STATION

A structure, building, or area of land or any portion thereof that is used for the sale of gasoline or any other motor vehicle fuel and oil or other lubricating substances, which may or may not include facilities for lubricating, washing, sale of accessories, and otherwise servicing motor vehicles.

GOVERNING BODY

Shall mean the Sugarcreek Township Board of Supervisors.

GRADE

Grade shall mean the average finished ground elevation adjoining the buildings.

HEIGHT of BUILDINGS

The vertical distance from the mean grade at the front of the building or the average of the street fronts, if building faces more than one (1) street, to the highest point of the roof beams of a flat roof and/or to the mean height between eaves and ridge for gabled, hipped, and pitched roofs.

HEALTH CARE FACILITY

Hospitals, Clinics, Nursing or Convalescent Homes, or any other facility where the primary services rendered are the treatment of illness, disease, injury or recuperation therefrom.

HEIGHT of SIGNS or OTHER STRUCTURES

The vertical distance measured from the average grade at the front of the structure or sign to its highest point, which includes the supporting structure.

HOME OCCUPATION

A home occupation is any occupation which is carried on in a dwelling unit, or in a structure accessory to a dwelling unit, by a member of a family residing in the dwelling unit for residential purposes.

LOT

A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed, or required. The term lot shall also mean parcel, plot, site, or any similar term.

LOT AREA

The area of land contained within the limits of the property lines bounding that area. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

LOT, CORNER

A lot at the point of intersection of and abutting on two (2) or more intersecting streets, and which has an interior angle of less than 135 degrees at the intersection of two (2) street lines.

LOT, RECORD

A lot, the boundaries of which are established by a recoded deed or plot plan.

LOT COVERAGE

A percentage which when multiplied by the lot area will determine the permitted building area for all roofed structures and buildings.

LOT LINE

Any boundary line of a lot. Where a lot line is irregular, its mean alignment shall be the determining measurements under this ordinance.

LOT WIDTH

The mean width measured at the building setback line between side lot lines and parallel to the front lot line but in no case shall the street frontage be less than one-half (1/2) of the required lot width in the particular zoning district.

MEMBERSHIP CLUB

A non-profit social organization.

MINERAL EXTRACTION****

The act or operation of extracting or removing various natural minerals from the earth by various means such as excavation, drilling, quarrying, boring, deep-mining, strip-mining, pumping, etc. The term minerals shall refer to the resources of clay, gravel, coal, shale, oil, natural gas, limestone, metal ores and various other rock formations.

MOTEL

A building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and a parking space, and offered principally for rental and use by motor vehicle travelers. The term motel includes but is not limited to auto courts, motor courts, tourist courts, motor inns, motor lodges or roadside hotels.

MUNICIPAL BUILDING

Any municipal building except those with unusual or noxious operating characteristics such as sewage treatment plants, sanitary landfills, or other solid waste treatment centers.

MUNICIPALITY

Shall mean Sugarcreek Township, Armstrong County, Pennsylvania.

NONCONFORMING STRUCTURE or BUILDING

A structure or building, thereof which does not conform to the applicable requirements of the district in which it is located, where such building or structure lawfully existed prior to the enactment of ordinance or amendment.

NONCONFOMRING USE

A building, structure, sign, or use of land which does not conform to the applicable regulations of the district in which it is located. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces.

OPEN SPACE

Unoccupied space open to the sky and on the same lot with the principal use.

PARKING LOT

An off-street area designed solely for the parking of motor vehicles, including driveways, passageways, and maneuvering space appurtenant thereto. Parking lots shall be designed to avoid backing up into public streets or service driveways.

PARKING SPACE

An off-street space available for the parking of one (1) motor vehicle, exclusive of driveways, passageways, and maneuvering space appurtenant thereto.

PLANNING COMMITTEE

The Planning Committee of Sugarcreek Township.

ROOMING HOUSE (Lodging House)

Any dwelling other than a club, fraternity or sorority, college dormitory, motel or hotel, in which lodging is provided on a weekly basis without meals.

SIGN

Any structure, building, wall, or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device, or other representations used for announcement, direction, or advertisement. The word sign includes the word billboard, but does not include the flag, pennant, or insignia of any nation, state, city or other political unit, nor public traffic or directional signs.

SIGN, BUSINESS

A sign which directs attention to a business, profession or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises upon which it is displayed.

SPECIAL EXCEPTION

A use permitted not by right but only with special permission, granted by the Zoning Hearing Board, to occupy and use land and/or a building for specific purposes in accordance with conditions stipulated within this ordinance.

STORY

The portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between any floor and the ceiling next above it. A basement, but not a cellar, shall be deemed to be a story. Each level of a split level building, excluding cellars, shall be considered a one-half (1/2) story.

STORY, HALF

Any space immediately below and wholly or partly within the roof framing, with or without a finished floor, where there is clear height of not more than seventy-five percent (75%) of such space has structural headroom of seven (7) feet and six (6) inches or more.

STREET

A public or private right-of-way built to public standards, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word street includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, and road or similar terms. Streets shall not be used for right angle parking where it will interfere with traffic movement.

STRUCTURE

Any material or a combination of materials which are constructed or erected, the use of which requires location on the ground, or attached to something located on the ground.

TIMBERING****

The act or operation of cutting and removing mature trees for commercial purposes, usually by a company or individual known as logging or timbering contractors. Cut trees are removed from forest land in the form of logs, an operation sometimes referred to as logging. The growing and harvesting of Christmas trees, commercial shrubs, bushes, yard trees, fruit trees or sod shall not fall with the definition of TIMBERING, but rather within the definition of AGRICULTURE.

TOWN HOUSE

A multi-family dwelling consisting of three (3) or more but not more than eight (8) attached single family dwelling units, each separated by an unpierced party wall. Each single family dwelling unit shall have exposure to light and air and entrances on at least two (2) sides and a semi-enclosed, private rear yard area.

TOURIST HOME

A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

USABLE OPEN SPACE

An unenclosed portion of the area of a lot which is not devoted to driveways, parking spaces, or principal structures, but which may include common buildings such as shelter, pavilions, or recreational structures, centrally located, accessible to occupants of the building or buildings.

USE

The specific purpose for which land, sign, structure, or building is designed, arranged, intended, or for which it may be occupied or maintained, or any activity, occupation, business, or operation which may be carried on. The term permitted use or its equivalent shall not be deemed to include any nonconforming use.

VARIANCE

A waiver, granted by the Zoning Hearing Board, from the terms and conditions of this ordinance where literal enforcement would create unnecessary hardship as a result of peculiar or unique conditions, or circumstances pertaining only to the lot in question, and when granting of the waiver would not be contrary to the public interest.

YARD, FRONT

An open space between the right-of-way and a line drawn parallel thereto, at such distance therefrom as specified herein extending the full width of the lot.

YARD, REAR

An open space between the rear lot line and a line drawn parallel thereto at such distance therefrom as specified herein extending the full width of the lot.

YARD, SIDE

An open space between the side lot line and a line drawn parallel thereto at such distance therefrom as specified herein extending from the front yard to the rear yard.

ZONING OFFICER

The agent or official designated by the Governing Body to administer and enforce the Zoning Ordinance of the Municipality.

ZONING MAP

The Sugarcreek Township Zoning Map

ZONING ORDINANCE

The Sugarcreek Township Zoning Ordinance of 1984.

Article 3

Zoning Map and Zoning Districts

301. Official Zoning Map. The Municipality is hereby divided into zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this ordinance, together with all future notations, references and amendments.

1. Identification of Official Zoning Map The Official Zoning Map shall be identified by the signature of the Governing Body and attested to by the Secretary of that Body, together with the date of the adoption of this ordinance.

2. Changing the Official Zoning Map If, in accordance with the provisions of this ordinance and the Pennsylvania Municipalities Planning Code, as amended, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Governing Body.

No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance or any state law, if applicable. All changes shall be noted on the Official Zoning Map by date with a brief description of the nature of the change.

3. Location of Official Zoning Map The Official Zoning Map shall be located in a place, as designated by the Governing Body, and shall be the final authority as to the current zoning status of land and water areas in the Municipality, regardless of unofficial copies which may have been made or published from time to time.

4. Replacement of Official Zoning Map In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Governing Body may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signatures of the Governing Body, attested by the Secretary of that Body.

Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.

302. Classes of Districts. For the purpose of this ordinance, the Municipality is hereby divided into districts which shall be designated as follows:

Woodland Preservation (W-P)

Agriculture Residential (A-R)

Village Density Residential (R-1)

Designated Floodprone Areas (F)

Commercial (C)

Institution (I)

303. Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Designation of District Boundaries Boundaries indicated as approximately following the center line of streets, highways, alleys, railroad rights-of-way, streams, existing lot lines, or Municipal boundary lines shall be construed to follow such features indicated. Where a district boundary line does not follow such a line, position is shown on said Zoning Map by a specific dimension expressing its distance, in feet, from a street right-of-way line or other boundary line as indicated and running parallel thereto.

2. Determination of Location of Boundaries Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or if uncertainty exists as to the true location of a distance boundary line in a particular instance, the Zoning Officer shall request the Zoning Hearing Board to render its determination with respect thereto.

Article 4

District Regulations

401. Woodland Preservation (W-P).

1. Permitted Uses

A. Game lands, wildlife preserve

B. Outdoor recreation areas, public and private

C. Clubs for hiking, climbing, hunting, fishing, gunning

D. Agriculture, horticulture, animal husbandry

E. Nurseries, tree farms

F. Riding stables

G. Kennels

H. Single family detached dwellings

I. Leasing of rooms

J. Public conservation areas and structures for conservation of open space, water, soil, and wildlife resources

K. Historical preservation areas

L. Municipal buildings and structures

M. Timbering* pursuant to 505****

2. Permitted Accessory Uses Located on the same lot with the permitted principal use.

A. Private garage or private parking area

B. Signs pursuant 504

C. Home Occupations pursuant to 502(1)

D. Customary Accessory uses and buildings provided they are clearly incidental to the principal use pursuant to 503

3. Uses Permitted By Special Exception

A. Sanitary landfills pursuant to 804(1)

B. ****

C. All mineral extraction (*Road Bonding or Agreements w/ Governing Body for use of Twp. Roads to transport timber or minerals shall be arranged.) operations pursuant to 804(4).

4. Minimum Lot Size Per Dwelling Unit****

A. Area = 1 acre with on-lot sewage and water

5. Minimum Yard Dimensions

A. Front Yard 30 ft.

402. Agriculture Residential (A-R).

1. Permitted Uses

A. Agriculture, including but not limited to horticulture and animal husbandry

B. Riding stables, kennels, veterinary hospitals

C. Out-door recreation areas and facilities

D. Churches, cemetaries

E. Single family detached dwellings

F. Leasing of rooms

G. Timbering* pursuant to 505****

H. Restaurants

I. Municipal buildings and structures

2. Permitted Accessory Uses

A. Roadside stands for the sale of farm products grown on the premises, provided off-road parking space is available for customers

B. Private garage or private parking

C. Signs pursuant to 504

D. Home occupation pursuant to 502(1)

E. Customary accessory uses and buildings, provided such are clearly incidental to the principal use and do not include any activity commonly conducted as a business pursuant to 503

3. Uses Permitted by Special Exception

A. Schools pursuant to 804(3)

B. Accessory use not located on the same lot with the permitted principal use

C. Transportation companies

D. Health care facilities

E. Retail stores and shops for conducting retail businesses

F. Business offices, professional offices, and government offices

G. Auto sales w/ accessory service facilities

H. Gasoline svc stations

I. Carwashes

J. ***

K. ***

L. ***

M. ***

N. ***

O. ***

P. ***

Q. Mobile home courts

R. Mineral extraction(* Road Bonding or Agreements w/ Governing Body for use of Twp. Roads to transport timber or minerals shall be arranged) pursuant to 804(4)****

4. Minimum Lot Size Per Dwelling Unit ****

A. Area = 1 acre with on-lot sewage and water

5. Minimum Yard Dimensions

A. Front Yard 30 ft.

403. Village Residential (R-1).

1. Permitted Uses

A. Single family detached dwellings

B. Horticulture

C. Agriculture, including but not limited to horticultures and animal husbandry

D. Restaurants

E. Churches and cemetaries

F. Public schools

G. Municipal buildings and structures

H. Riding stables and kennels

I. Beauty salons and barber shops***

J. Timbering (* Road Bonding or Agreements w. Governing Body for use of Twp. Roads to transport timber or minerals shall be arranged.) Pursuant to 505****

2. Permitted Accessory Uses Located on the same lot with the permitted principal uses

A. Private garages or private parking areas

B. Signs pursuant to 504

C. Home Occupation pursuant to 502(2)

D. Other customary accessory uses and buildings, provided such are clearly incidental to the principal use pursuant to 503

3. Uses Permitted By Special Exception

A. ***

B. Accessory uses not located on the same lot as the principal use

C. Retail stores and shops for the conducting of any retail business

D. Business offices, professional offices, or government offices

E. Banks, savings and loan associations

F. ***

G. Automobile sales with or without accessory service facilities

H. Gasoline Service stations

I. Carwashes

J. ***

K. Mineral extraction(* Road Bonding or Agreements w/ Governing Body for use of Twp. roads to transport timber or minerals shall be arranged) pursuant to 804(4)****

L. Mobile home courts

M. ***

N. Bus transportation companies pursuant to 804(11)****

O. Equipment rental and sales****

4. Minimum Lot Size Per Dwelling Unit****

A. Area = 1 acre with on-lot sewage and water

B. Area = 15,000 sq. ft. with public sewage or public water

C. Area = 12,500 sq. ft. with public sewage and public water

5. Minimum Yard Dimensions

A. Front Yard 30 ft.

B. Side Yard 15 ft.

C. Rear Yard 30 ft.

404. Commercial (C).

1. Permitted Uses

A. Retail stores and shops for the conducting of any retail business

B. Business offices, professional offices, or government offices

C. Banks, savings and loan associations

D. Restaurants

E. Automobile sales with or without accessory service facilities

F. Gasoline service stations

G. Carwashes

H. Tourist home and motels***

I. Single family detached dwellings

J. Agriculture

K. Timbering * pursuant to 505****

2. Permitted Accessory Uses Located on the same lot with the permitted principal use

A. Off-Street parking areas

B. Signs pursuant to 504

C. Customary accessory uses and buildings, provided such are clearly incidental to the principal use

3. Uses Permitted By Special Exception

A. Accessory use not located on the same lot with the permitted principal use

B. Adult-oriented business pursuant to 804(5)

C. Mineral extraction* pursuant to 804(4)****

4. Minimum Lot Area****

A. Area = 1 acre with on-lot sewage and water

5. Minimum Yard Dimensions

A. Front Yard 30 ft.

B. Side Yard 30 ft.

C. Rear Yard 30 ft.

No more than 50% of any required yard depth may be used for off-street parking or loading. No yards abutting residential districts may be used for parking.

6. Screening Architectural or botanical screening shall be provided along all property lines abutting residential districts. Screening requirements shall not apply to single family resident dwellings.

Fences, walls or year-round planting and/or other structures shall have a minimum height of six (6)feet.

If trees, evergreens, hedges or other types of year-round plants are used, the area landscaped shall be ten (10) feet in width.

7. Maximum Building Coverage, Paved Area and Height

A. Maximum Building Coverage 50%

B. Maximum Building Height 35 feet/3 stories

8. Access and Traffic Controls Common curb cuts may be required. All means of ingress and egress to a motorist service center shall be determined in accordance with the Commonwealth of Pennsylvania, Department of Transportations regulations in effect at the time application is made for a permit. The developer shall be responsible for the purchase and erection of any required traffic control devices.

9. Sewage Disposal All buildings erected within this district shall be served by public sewers. If public sewers are not available, then centralized sanitary sewage disposal systems shall be provided on an interim basis until sewer connections are feasible.

10. Storage of Trash or Rubbish Storage areas for trash and rubbish shall be well screened on three (3) sides. All organic rubbish shall be contained in vermin-proof containers and no such storage area shall be located within any required front or side yard.

11. Lighting and Noise Lighting shall be designed and arranged so as not to reflect toward public streets or surrounding properties. Noise shall be controlled so as not to be a public nuisance.

12. Use and Maintenance of Yards All required yard areas not used for screening and parking or loading areas shall be kept open and maintained either in grass, suitable landscaping and/or trees.

405. Designated Floodprone Areas (F).

1. Permitted Uses

A. Agriculture, horticulture, pasturing and similar uses

B. Water related uses such as docks, piers, wharves and bridges

C. Timbering (* Road Bonding or Agreements w/ Governing Body for use of Twp. Roads to transport timber or minerals shall be arranged.) pursuant to 505****

2. Additional Safeguards

A. No part of any private sewage disposal system shall be constructed within the flood plain

B. No materials which are subject to float or that are explosive or toxic to humans, animal or vegetation shall be stored in the flood plain

3. Lot Area, Yard and Sign Requirements The lot area, yard, sign and other district requirements shall be the same as the requirements of the zoning district in which this land is situated. If the land lies within two (2) districts, the more restrictive requirements shall apply.

4. Uses Permitted By Special Exception

A. Mineral extraction (* Road Bonding or Agreements w/ Governing Body for use of Twp. Roads to transport timber or minerals shall be arranged.) pursuant to 804(4)****

406. Institution (I).

1. Permitted Uses

A. Health care facilities or hospitals

B. Schools pursuant to 804.3 and including technical, vocational, trade schools or colleges

C. Professional police, fire, or medical training facilities

D. Nursing homes and/or retirement villages

E. Single family detached dwellings

F. Agriculture

G. Timbering (* Road Bonding or Agreements w/ Governing Body for use of Twp. Roads to transport timber or minerals shall be arranged.) pursuant to 505****

2. Permitted Accessory Uses Located on the same lot with permitted principal use.

A. Off-street parking areas

B. Signs pursuant to 504

C. Customary accessory uses and buildings, provided they are clearly incidental to the principal use pursuant to 503

3. Uses permitted by Special Exception

A. Rehabilitation, reform, or half-way house facilities for misdimeandants or juvenile delinquents, and other similar detention facilities for misdemeandants or felons pursuant to PA Code 37 95.226

B. Accessory use not located on the same lot with the permitted principal use

C. Mineral extraction (* Road Bonding or Agreements w/ Governing Body for use of Twp. Roads to transport timber or minerals shall be arranged.) pursuant to 804(4)****

4. Minimum Lot Area****

A. Area = 1 acre with on-lot sewage and water

5. Minimum Yard Dimensions

A. Front Yard 30 ft.

B. Side Yard 30 ft.

C. Rear Yard 30 ft.

No more than 50% of any required yard depth may be used for off-street parking or loading. No yards abutting residential districts may be used for parking.

6. Maximum Building Coverage, Paved Area and Height

A. Maximum Building Coverage 50%

B. Maximum Building Height 35 feet/3 stories

7. Access and Traffic Controls Same as 404.8

8. Sewage Disposal Same as 404.9

9. Lighting and Noise Same as 404.11

10. Use and Maintenance of Yards Same as 404.12

Article 5

Supplementary Regulations

501. Additional Regulations for All Districts.

1. Visibility at Intersections On a corner lot nothing shall be erected, (except street signs, utility poles, or traffic signs) placed, planted, or allowed to grow in such manner as to impede vision of the intersecting streets in the area bound by the street center lines of such intersecting streets and a line joining the street center lines at a distance of fifty (50) feet from the point of intersection.

2. Fences, Walls, Hedges and Trees Except as required by other provisions of this ordinance, fences, walls and hedges may be permitted in any yard.

3. Erection of More Than One Principal Structure or Building On a Lot In any district, more than one structure or building housing a permitted principal use may be erected on a single lot, provided that area, yard and other requirements of this ordinance shall be met for each structure or building as though it were on an individual lot.

4. Exceptions to Height Regulations The height limitation contained herein do not apply to barns, spires, microwave, cupolas, silos, antennas, water tanks, ventilators, chimneys, television or radio towers or other similar appurtenances, usually required to be placed above the roof level and not intended for human occupancy.

5. Building to Have Access Every building hereafter erected or moved shall be on a lot to a public street or a private street approved by the Governing Body, and all buildings shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

6. Corner Lot Restriction On every corner lot there shall be provided on each side thereof adjacent to a street a yard equal in depth to the required front yard of the prevailing zoning district in which the corner lot is located.

7. Lots in Two Districts Where a district boundary line divides a lot in single or joint ownership or record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than thirty (30) feet into the more restricted portion.

8. Lot Area and Lot Width for Lots Not Served with Public Water and/or Sanitary Sewers Where a lot is not served by a public water supply or sanitary sewerage system and the Countys Subdivision Ordinance or other State or local ordinance in force require a higher standard for lot area or lot width that this ordinance, the more restrictive regulations of such other ordinance or regulation shall apply.

9. Front Yard Exceptions When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the District, the front yard required may be reduced to a depth equal to the average of the two (2) adjoining lots; provided, however, that in no case shall the front yard be reduced by more than fifty percent (50%) of the required front yard for that district.

10. Restrictions on Air Pollution All sources of air pollution must comply with Rules and Regulations as defined and established by the Air Pollution Commission of the Commonwealth of Pennsylvania, Department of Environmental Resources, and any local applicable ordinances whichever is the most restrictive.

11. Solid Waste Disposal All methods and practices of solid waste or refuse disposal shall be in compliance with Act 241 (Pennsylvania Solid Waste Management Act) of the Pennsylvania Department of Environmental Resources.

12. Requirements for Sewage and Liquid Waste Disposal All sewage and liquid waste disposal practices must be in accordance with rules and regulations of the Pennsylvania Department of Environmental Resources or with any applicable local ordinance, whichever is the most restrictive.

13. Median Strip Median strip land lying within the interior lines of any highway. No new structures shall be permitted in the median strip.

14. Right-of-Way Line For the purposes of measuring front yard requirements, the right-of-way line shall be established in all districts at a distance of twenty-five (25) feet from the centerline of the road or one-half (1/2) of the road right-of-way, whichever is greater.

15. ****No lot shall be subdivided so that any resulting tract on which a structure is erected is smaller than the minimum lot size for the Zoning District in which the resulting tract is located. This subsection shall not prohibit the subdivision of a lot on which no building is erected into parcels smaller than the minimum lot size for the particular Zoning District, provided that the owner of any such smaller parcel holds legal and equitable title to a contiguous lot and that the contiguous lot equals or exceeds the minimum lot size for the Zoning District. Thereafter, the smaller parcel and the contiguous lot shall be considered a single lot for purposes of this subsection.

502. Home Occupation Regulations.

1. Woodland and Agriculture Districts In the Woodland Preservation and the Agriculture Residential Districts, home occupations are permitted providing the following standards are met:

A. Home occupations in the rural districts may include small cottage type industries such as sculpturing, pottery, welding, wood working, horticulture, furniture making and repair, antique shops or similar activities or small commercial activities related to rural areas or more typical home occupation services provided that no new building or structure shall be erected on the premise nor the rural character of the area destroyed. The erection of new buildings and structures is permitted to facilitate these home occupations, but shall not be of the type which would destroy the rural character of the area or be offensive in nature.

B. Home occupations in these districts shall be limited in employment to the residents of the premises plus not more than one (1) paid employee,

C. Off-street parking should be provided commensurate with the activities to be conducted on the premises.

D. Signs shall be limited solely to those types and size permitted in that district.

E. Home occupations shall not be allowed that would create any nuisance in terms of on street parking or other traffic hazards, air and water pollution, solid waste, disposal, glare, heat, odor, noise, electric and electronic disturbances, or vibration that would normally be objectionable to adjoining residents.

2. Residential Districts In the Village Residential Districts (R-1), home occupations are permitted only within the single-family dwelling units provided that such occupation is clearly incidental or secondary to the use of the property as a residence, and further provided that such use of the dwelling unit does not change the exterior residential character of the dwelling unit except as herein provided, and in accordance with the following standards:

A. Home occupation employment shall be limited to the dwelling unit resident, plus not more than two (2) paid employees.

B. Home occupations shall not occupy more than twenty percent (20%) of the total floor area of the dwelling unit.

C. Home occupations shall not be allowed that would create any nuisances due to undesirable operating characteristics as cited in 502(1.-E.)

D. Same as 502(1.-C.)

503. Accessory Uses, Buildings, or Structures.

1. No detached accessory building or structure or pool shall be erected in a required yard.

2. Below-ground non-commercial swimming pools designed to contain a water depth of twenty-four (24) inches or more shall be entirely enclosed within a permanent fence not less than four (4) feet in height. Such fence shall contain a gate capable of being locked.

3. No non-residential activities shall be permitted in any residential district except those permitted by 502 Home Occupations.

Nothing in this Section shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety or welfare of the community.

504. Sign Regulations.

1. Area of Sign The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which is incidental to the display itself. Where the sign consists of individual letters or symbols attached to or painted on a surface, the area shall be considered to be the smallest rectangle which can be drawn to encompass all of the letters and symbols.

2. Permitted Signs The maximum permitted size of signs and type of signs shall be in accordance with the following regulations:

A. All Zoning Districts

(1) Official traffic or directional signs and other official Federal, State, County or local government signs.

(2) Temporary signs announcing a campaign, drive, or event of a civic, philanthropic, educational, or religious organization, provided such sign shall not exceed seventy (70) square feet in area and shall be removed immediately upon the completion of the campaign, drive or event.

(3) Business signs offering the sale or rental of the premises upon which the sign is erected.

(4) Temporary signs of contractors, developers, architects, engineers, builders and artisans, erected and maintained on the premises where the work is being performed, provided that the area of each such sign shall not exceed thirty-two (32) square feet, and provided that such sign shall be removed upon completion of the work.

(5) Trespassing signs, signs indicating the private nature of a road, driveway, or premises, signs controlling fishing or hunting on the premises.

(6) Signs indicating the existence of, and direction to tourist attractions of a natural, scenic, or outdoor recreational nature.

B. Residential and Agricultural Districts

(1) Home occupation or name sign displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling, or dwelling unit, provided, each such sign shall be fixed on the wall of such building or may be erected in the front yard, but not within ten (10) feet of a street line.

(2) Sign, bulletin, announcement board or identification sign for schools, churches, hospitals, clubs, multi-family dwellings or other principal uses and buildings other than dwellings on the same lot therewith for the purpose of displaying the name of the institution and its activities or services.

(3) Sign offering the sale of farm products, nursery products, or livestock produced or raised on the premises.

(4) Sign denoting membership in agricultural associations, cooperatives, or indicating specialization in a particular breed of cattle, hogs, etc., or in a particular hybrid or strain or plant.

(5) Signs denoting rooms for leasing in a Rooming House or Tourist Home.

C. Signs for Multi-family Dwellings The following signs shall be permitted:

(1) Free standing real estate signs for advertising the sale or rental of the premises upon which the sign is erected, provided that the total area of the sign does not exceed forty (40) square feet, and that no sign shall be erected so as to stand higher than one of the buildings it advertises.

(2) Directional signs, erected within the project itself to direct persons to a rental office or sample apartment.

(3) Permanent identifying signs for the purpose of indicating the name of the multi-family project and for the purpose of identifying the individual buildings within the project shall not exceed thirty-two (32) square feet in size.

D. Commercial and Industrial Districts

(1) Signs directing patrons, members, or audience to temporary exhibits, shows or events and signs erected in conjunction with a political election, provided that such sign shall be removed within two (2) weeks after the date of the exhibit, show, event or election

(2) Business or commercial signs on the same lot as the use to which it relates, provided that the total of such signs be limited to an aggregate area of three hundred (300) square feet, but no single sign face shall exceed one hundred (100) square feet.

(3) Special temporary promotional devices, signs, or displays, such as banners or pennants, where such signs are outside of a building.

3. Supplemental Sign Regulations

A. Projection: No free standing signs may project beyond the lot line or beyond the limits of a street right-of-way. Free standing signs shall be placed so as not to obstruct visibility or automotive traffic or cause a hindrance to traffic safety.

B. Height: No sign that is part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building. Free standing signs shall meet the height requirements of the particular district in which they are located.

C. Illumination: Signs may be lighted with non-glaring lights, or may be illuminated by shielded flood lights. No signs shall be of intermittent or flashing type or be so erected that, by reason of its locations, brilliance, shape or color, such sign might interfere with traffic safety or be confused with or obstruct the view effectiveness of any official traffic sign, traffic signals or traffic marking.

D. Placement: No signs shall be permitted within the limits of a street right-of-way. No portion of any free standing sign shall be located within five (5) feet of any side lot line or ten (10) feet of the street right-of-way line.

E. Construction: All signs, except temporary signs, shall be constructed of durable material.

F. Nonconforming Signs: Nonconforming signs may be repainted or repaired.

505. Timbering Regulations and Conditions.****

1. Timbering plans shall be submitted showing areas to be logged and the proposed road or trail system to be used for removal of logs.

2. A statement shall be submitted dealing with measures to deal with increased runoff, erosion, stream siltation, soil stabilization and revegetation; provided, however, where a County soil and erosion permit is required, this permit will satisfy the requirements of this subsection.

3. For areas to be clear cut, a replanting plan shall also be submitted.

4. Where logging operations create such dusty conditions as to constitute a nuisance for residences in the vicinity, the Zoning Officer may require dust stabilization measures to be implemented to reduce the amount of dust generated by logging operations.

5. In the event that trucks hauling logs exceed the load limits of any Township road used in connection with this operation, the appropriate road bonding or road agreement shall be arranged with the Township Supervisors.

Article 6

Nonconforming Lots, Uses, Structures and Buildings

601. Statement of Intent. Within the zoning districts established by this ordinance or subsequent amendments thereto, there exists or will exist certain nonconformities which, if lawful before this ordinance was passed or amended, may be continued, subject to certain limitations, although such nonconformities would be prohibited, regulated, or restricted under the terms of this ordinance or subsequent amendments thereto.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designed use of any buildings or structures on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and on which actual building construction has been diligently carried on.

602. Nonconforming Lots of Record. Lots of record existing at the date of the adoption or amendment of this ordinance which do not conform to the regulations of the district in which they are located may be used for primary structures or dwellings and customary accessory uses if the buildings are erected according to the following stipulations. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district provided that yard dimensions and requirements shall conform to the regulations for the district in which such lot is located. The yard requirements for any such nonconforming lot situate in a block in which sixty percent (60%) of the land area has been developed and whereon are erected structures shall be the average of the yards for the area that has been developed in said block. For purposes of this provision, block shall be defined as a tract of land bounded by streets, or by a combination of streets and public parks, cemetaries, railroad rights-of-way, waterways or municipal corporate boundaries.

If two or more lots, combination of lots and portion of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width or area, the land involved shall be considered to be an undivided parcel for the purpose of this ordinance. Therefore, no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width or area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.

603. Nonconforming Structures or Buildings. Structures or buildings which at the effective date of this ordinance or subsequent amendments thereto become nonconforming by reason of restrictions on zoning districts, area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building or structure, may be continued to be used so long as such structure or building remains otherwise lawful, subject to the following provisions:

1. Enlargement** - Upon application to and approval by the Zoning Hearing Board as a special exception, a nonconforming structure or building may be enlarged or expanded by the construction of a new addition. However, such new addition to a nonconforming structure or building shall not exceed fifty percent (50%) of the gross floor area occupied by said nonconforming structure or building at the time such structure or building became nonconforming. (See 804).

2. Damage or Destruction A nonconforming structure which is destroyed or partially destroyed by fire, explosion, or by any means to an extent of seventy-five percent (75%) or more of the market value thereof immediately prior to such damage or destruction shall not be repaired or restored to a nonconforming status, but shall be reconstructed and used only in conformity with the provisions of this ordinance.

3. Moving of Structure or Building No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the zoning regulations for the district in which it is located after it is moved.

4. Discontinuance Whenever a nonconforming structure or building has been vacated for a period of twelve (12) consecutive months, such structure or building shall thereafter not be used except in conformance with the provisions of this ordinance.

604. Nonconforming Uses of Structures and Buildings. Lawful uses of structures or buildings which at the effective date of this ordinance or as a result of subsequent amendments thereto become nonconforming, may be continued by the present or any subsequent owner so long as such use remains otherwise lawful, subject to the following provisions:

1. Extension** Upon application to and approval of the Zoning Hearing Board as a special exception, a nonconforming use may be extended throughout any part of an existing structure, building or land provided that such extensions shall comply with all provisions of this ordinance with respect to height, area, width, yard and coverage requirements for the Zoning District in which the use is located. However, such extension of a nonconforming use shall not exceed fifty percent (50%) of the gross floor area occupied by said nonconforming use at the time such nonconforming use became nonconforming. (See 804)

2. Change of Use A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use provided that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use.

3. Discontinuance Whenever a nonconforming use of a structure or building or portion thereof has been discontinued or abandoned for twelve (12) consecutive months such structure or building or portion thereof shall not thereafter be used for a nonconforming use.

4. Destruction Removal or destruction of the structure or building in which a nonconforming use is located shall eliminate the use of the land upon which the structure or building was erected for a nonconforming use. Destruction for the purpose of this subsection is defined as damage to an extent of seventy-five percent (75%) or more of the market value of the structure or building immediately prior to such damage or destruction.

605.***

606. Registration of Nonconforming Uses and Structures. To facilitate the administration of this ordinance, it shall be the duty of the Zoning Officer to prepare and maintain an accurate listing of uses and structures in all districts not permitted by right in that district, and for which no special exception or variance has been issued and which does not otherwise comply with all Sections of this ordinance. Such a listing shall be a matter of public record and shall constitute sufficient notice of the nonconforming status of said use and the limitations therein expressed and implied to any transferee acquiring any right to use or own such property.

Article 7

Administration and Enforcement

701. Enforcement.

1. Zoning Officer A Zoning Officer shall be appointed by the Governing Body to administer and enforce this Zoning Ordinance.

2. Duties and Powers of Zoning Officer It shall be the duty of the Zoning Officer to enforce literally the provisions of this ordinance, and amendments and he shall have such duties and powers as are conferred on him by this ordinance and as are reasonably implied for that purpose. The Zoning Officers duties shall include but are not limited to the following:

A. Receive applications for and issue zoning permits and sign permits as permitted by the terms of this ordinance.

B. Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this ordinance and of the action taken consequent on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building, sign or land, shall be retained as long as they remain in existence.

C. Make inspections as required to fulfill his duties. He shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his duties.

D. Issue permits for special exception uses or for variances only after such uses or buildings have been approved by the Zoning Hearing Board in accordance with the regulations of this ordinance.

E. Be responsible for keeping this ordinance and the Zoning Map up to date so as to include all amendments thereto.

F. Issue certificate of Use and Occupancy in accordance with the terms of this ordinance.

G. The Zoning Officer shall identify and register nonconforming uses and structures created as a result of the adoption of this ordinance or created as a result of amendments thereto.

3. Notice of Violations The Zoning Officer shall serve a notice of violation on any person, firm, corporation, or partnership responsible for violating any of the provisions of this ordinance, or in violation of a detailed statement or a plan approved thereunder. Notice of violations shall be in writing, and be served personally or by certified mail, indicating the nature of the violation and action necessary to correct same. If the notice of violation is not complied within the time period set forth in said notice, the Zoning Officer shall order the discontinuance of such unlawful use of structure, building, sign and/or land involved in said violation.

702. Zoning Permit. No building, structure, or sign shall be erected, constructed, moved, added to, or structurally altered, nor shall land be put to any use without a permit therefor, issued by the Zoning Officer. No such permit shall be issued except in conformity with the provisions of this ordinance, or upon written order from the Zoning Hearing Board in the form of a special exception, variance or as otherwise provided for by this ordinance, any applicable laws or any Court of competent jurisdiction.

1. Form of Application All applications shall be made in writing and shall be accompanied by two (2) sets of plans showing at least the following information if applicable:

A. Actual dimensions and shape of the lot to be built upon;

B. The exact size and location on the lot of buildings, structures, or signs existing or proposed extensions thereto;

C. The number of dwelling units if applicable;

D. Parking spaces provided or loading facilities;

E. Statement indicating the existing or proposed use;

F. Height of structure, building, or sign;

G. Essential services such as water supply, sewerage, percolation tests, etc.

H. All other information necessary for such Zoning Officer to determine conformance with and provide for enforcement of this ordinance.

One (1) copy of the plans shall be returned to the applicant by the Zoning Officer after he shall have marked such copies either as approved or disapproved and attested to same by his signature on such copy.

One (1) copy of all such plans shall be retained by the Zoning Officer for his permanent records.

Such approval and Zoning Permit shall be issued or refused within thirty (30) days from the date of the application. In case of refusal, the applicant shall be informed of his rights of appeal. The application for a permit shall be submitted in such form as the Zoning Officer may prescribe.

2. Expiration of Zoning Permit Zoning permit shall expire within six (6) months from date of issuance, if work described in any permit has not begun. If work described in any zoning permit has begun within the six (6) month period, said permit shall expire after two (2) years from date of issuance thereof.

703. Certificate of Use and Occupancy. A Certificate of Use and Occupancy shall be required upon the completion of the work contemplated. It shall be unlawful to use or occupy any structure, building, or land or portions thereof, in any manner until a Certificate of Use and Occupancy has been issued.

1. Form of Application The application for Certificate of Use and Occupancy shall be submitted in such form as the Zoning Officer may prescribe.

2. Issuance of Certificate of Use and Occupancy The Zoning Officer shall inspect any use, structure, building, sign, or land, or portions thereof and shall determine the conformity therewith to the zoning ordinance. If he is satisfied that the completed work is in conformity with this ordinance and with the work listed in the Zoning Permit, he shall issue a Certificate of Use and Occupancy.

Certificate of Use and Occupancy shall be granted or refused in writing, within ten (10) days from the date of application.

In Zones in which Performance Standards are imposed, no Certificate of Occupancy shall become permanent until thirty (30) days after the facility is fully operating and upon reinspection by the Zoning Officer to determine that the facility is in compliance with all Performance Standards. After said reinspection the Zoning Officer shall notify the applicant that the facility is in full compliance with all performance standards and that the Certificate of Use and Occupancy is permanent or that the facility does not comply and that the Certificate of Use and Occupancy is still temporary.

704. Schedule of Fees, Charges, and Expenses. The Governing Body shall establish a schedule of fees, charges, and expenses and collection procedures for zoning permits, certificates of occupancy, special exceptions, variances, and appeals and other matters pertaining to this ordinance.

The Schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by the Governing Body.

Until all application fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

705. Amendments. The provisions of this ordinance and boundaries of Zoning Districts as set forth on the Official Zoning Map, may from time to time be amended or changed by the Governing Body of the Municipality, in accordance with the provisions of Pennsylvania Municipalities Planning Code, as amended.

1. Procedure The following procedures shall be observed prior to making any amendment or change of this ordinance or Official Zoning Map:

A. Every such proposed change not initiated by the Planning Committee shall be referred to the Planning Committee at least thirty (30) days prior to the Governing Body holding a public hearing to provide the Planning Commission opportunity to submit recommendations.

B. The recommendations of the Planning Committee shall be submitted in writing to the Governing Body.

C. At least thirty (30) days prior to the public hearing, the Governing Body shall submit the proposed ordinance to the County Planning Commission for review.

D. Curative Amendments A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Governing Body with a written request that his challenge and proposed amendment be heard and decided as provided in Section 1004 of the Pennsylvania Municipalities Planning Code, as amended. The Governing Body shall commence a hearing thereon within sixty (60) days of the request. The curative amendment shall be referred to the County and the Municipal Planning Commissions as provided in 705(1.,A and- C) and notice of the haring thereon shall be given as provided in 705 (3.) and in Section 1004 of the Pennsylvania Municipalities Planning Code, as amended. The hearing shall be conducted in accordance with the Subsections 4-to-8 of 802 and all references therein to the Zoning Hearing Board shall, for purposes of this section be references to the Governing Body.

2. Public Hearing The Governing Body shall hold a public hearing before voting on the enactment of any amendment or change. Public notice of such hearing shall include either the full text thereof or a brief summary setting forth of the principal provisions in reasonable detail and a reference to where within the Municipality copies of the proposed amendment or change may be examined, in addition to the time and place of the hearing. If after any public hearing held upon an amendment or change, the proposed amendment or change is revised, or further revised, to include land previously not affected by it, the Governing Body shall hold another public hearing pursuant to public notice prior to voting on the amendment or change. The vote on the proposed amendment by the Governing Body shall be within ninety (90) days after the last public hearing.

3. Notice of Hearing The first notice of any public hearing shall be given not more than thirty (30) days and not less than fourteen (14) days in advance of any public hearing required by this ordinance. Such notice shall be published once each week for two (2) successive weeks in a newspaper of general circulation in the Municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.

Article 8

Zoning Hearing Board

801. Creation Appointment Organization

1. Creation of Board The Governing Body hereby creates a Zoning Hearing Board, herein referred to as the Board consisting of three (3) residents of the Municipality appointed by the Governing Body pursuant to Article IX of the Pennsylvania Municipalities Planning Code, as amended, who shall perform all the duties and have all the powers prescribed by said Code and as herein provided.

2. Appointment One (1) member of the Board shall be designated to serve until the first day of January following the adoption of this ordinance, one (1) until the first day of the second January thereafter and one (1) until the first day of the third January thereafter. Their successors shall be appointed on the expiration of their respective terms to serve for a term of three (3) years. Members of the Board shall hold no other office in the Municipality.

3. Removal Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Governing Body, taken after the member has received fifteen (15) days advance notice of the intent to take such a vote. A hearing shall be held, if the Board member requests one in writing.

4. Vacancies Vacancies shall be filled by appointment by the Governing Body for the unexpired portion of the vacated term.

5. Compensation and Expenditures for Services The members of the Board shall receive such compensation as shall be fixed by the Governing Body, by resolution, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Governing Body.

Within the limits of funds appropriated by the Governing Body, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services.

6. Organization The Board may promulgate such rules and forms for its procedure, not inconsistent with this and other ordinances of the Municipality and laws of the Commonwealth of Pennsylvania, as it may deem necessary to the proper performance of its duties and to the proper exercise of its powers. Such rules shall be continued in force and effect, until amended or repealed by the Board or by law. The Board shall elect from its own membership its officers, who shall serve annual terms as such, and may succeed themselves.

7. Meetings Meetings and hearings for the Board shall be held at the call of the chairman and at such other times as the Board by majority vote, may determine.

8. Minutes and Records The Board shall keep full public records of its proceedings showing the vote of each member upon each question or if absent or failing to vote indicating such fact. The Board shall also keep full public records of its business and other official action, copies of which shall be immediately filed with the Secretary of the Governing Body. The Board shall submit an annual report of its activities each year to the Governing Body.

802. Hearings. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board but where two members are disqualified to act in a particular matter, the remaining member may act for the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive decisions or findings by the Board and accept the decision or finds of the hearing officer as final as provided in Section 908 of the Pennsylvania Municipalities Planning Code, as amended.

The Board shall conduct hearings and make decisions in accordance with the following requirements:

1. The Zoning Hearing Board shall fix a reasonable time for the hearing of the appeal, give notice to the public, the applicant, the Zoning Officer, and such other persons as the Governing Body shall designate by ordinance and to any person who has made timely request for the same. Notice to the public shall be in accordance with the provisions of 705(3.) of this ordinance. Notice to others herein provided for shall be by mail mailed to the designated persons or agency not less than fifteen (15) days prior to the date of the hearing.

2. The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

3. The parties to the hearing shall be the Municipality, any person affected by the application who has made timely appearance of record before the Board and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

4. The chairman or acting chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

5. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine all adverse witnesses on all relevant issues.

6. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

7. The Board or the hearing officer, as the case may be, shall keep stenographic records and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.

8. The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

9. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five (45) days after the hearing, or if said hearing is continued within forty-five (45) days after said continued hearing. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, as amended, or of this ordinance, shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the light of 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 make his report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings and the Boards decision shall be entered no later than forty-five (45) days after the decision of the hearing officer. Where the Board has power to render a decision and the Board, or the hearing officer, as the case may be, fails to render the same within the period required by this subsection, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing to an extension of time. Nothing in this subsection shall prejudice the right of any party opposing the application to urge that such decision is erroneous.

10. A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

803. Functions of the Zoning Hearing Board. The Zoning Hearing Board shall have the following powers:

1. Appeals from the Zoning Officer: Interpretation and Review

A. To hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this ordinance or the Official Zoning map or any valid rule or regulation governing the action of the Zoning Officer.

B. Nothing contained herein shall be construed to deny the appellant the right to proceed directly to court, when appropriate, pursuant to Pennsylvania Rules of Civil Procedure sections 1091 to 1098 relating to mandamus.

2. Challenges to the Validity of Zoning Ordinance or the Official Zoning Map The Board shall hear challenges to the validity of this ordinance or the Official Zoning Map except as indicated in Section 1003 and subsection 1.-(b.) of section 1004 of the Pennsylvania Municipalities Planning Code, as amended. In all such challenges, the Board shall take evidence and make a record thereon as provided in 802. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the Court.

3. Unified Appeals When the Board has jurisdiction of zoning matters pursuant to 803(1.), 803(2.), and 803(4.), the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in 802. At the conclusion of the hearing, the Board shall make findings on all relevant issues of face which shall become part of the record on appeal to the court.

4. Variances - To authorize, upon appeal in specific cases, such variance(s) from the terms of this ordinance as will not be contrary to public interest, where a literal enforcement of the provisions of this ordinance will result in unnecessary hardship. In granting any variance the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this ordinance and the Pennsylvania Municipalities Planning Code, as amended. The Board may, by rule, prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance provided the following findings are made where relevant in a given case:

A. That there are unique physical circumstances or conditions including irregularity, narrowness, or shallowness of lot size, of shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.

B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

C. That such unnecessary hardship has not been created by the appellant, subsequent to the adoption of this ordinance, whether in violation of the provisions hereof or not, and that such circumstances or conditions are such that strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land, structure, or building;

D. That for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or buildings and that the variance that will afford relief and will represent the least modification possible of the regulation in issue;

E. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare;

F. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated, nor substantially or permanently impair the appropriate use or development of adjacent property;

G. That no nonconforming use of neighboring lands, structures, or building in the same district, and no permitted or nonconforming use of land, structure, or buildings in other districts shall be considered grounds for the granting of a variance;

H. That in no case shall a variance be granted solely for reasons of additional financial gain on the part of the applicant;

I. That the jurisdiction of the Governing Body shall not be infringed upon by action of the Board in any matter which should appropriately be the subject for an amendment to the Zoning Ordinance or Zoning Map. No variance shall be granted under this Section to allow a structure or use in a zone restricted against such structure or use.

5. Special Exception To hear and decide, only such special exceptions to the terms of this ordinance upon which the Board by the provisions of this ordinance is specifically authorized to issue. The granting of a special exception when specifically authorized by the terms of the ordinance shall be subject to the following conditions:

A. Such use shall be one which is specifically authorized as a Special Exception Use in the zoning district.

B. Such permits shall only be granted subject to any applicable condition and safeguards are required by this ordinance.

C. Such permit may be granted subject to additional reasonable condit