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ORDINANCE NO.

THE FAYETTE TOWNS” ZONING ORDINANCE olF n$#J

ARTICLE I

GENERAL PROVISIONS

’’ ‘Section 101 - Title

AN AMENlDB ORDINANCE PERMITTING, PROHIBITING, REGULATING, RESTRICTING, AND DETERMINING THE USES OF LAND, WATERCOURSES, AND OTHER BODIES OF WATER; THE SIZE, HEIGHT, BULK, LOCATION, ERECTION, CONSTRUCTION, REPAIR, MAINTENANCE, ALTERATION, RAZING, REMOVAL AND USE OF STRUCTURES; THE AREAS AND DIMENSIONS OF LAND AND BODIES OF WATER TO BE OCCUPIED BY USES AND STRUCTURES AS WELL AS COURTS, YARDS, AND OTHER OPEN SPACES AND DISTANCES TO BE LEFT UNOCCUPIED BY USES AND STRUCTURES; THE DENSITY OF POPULATION AND INTENSITY OF USE; THE LOCATION AND SIZE OF SIGNS; CREATING ZONING DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF; CREATING THE OFFICE OF ZONING OFFICERS; CREATING A ZONING HEARING BOARD; AND PROVIDING FOR THE ADMINISTRATION, AMENDMENT, AND ENFORCEMENT OF THE ORDINANCE, INCLUDING THE IMPOSITION OF PENALTIES.

ORDAINING CLAUSE

BE IT HEREBY ORDAINED AND ENACTED by the Board of Supervisors of the Township of Fayette, County of Juniata, by authority of an pursuant to the provisions of Article VI through X of Act No. 170 of the General Assembly of the Commonwealth of Pennsylvania, approved December 21, 1988, known and cited as the “Pennsylvania Municipalities Planning Code,” and any amendments and supplements thereto, as follows:

Section 102 - Short Title

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This Ordinance shall be known and may be cited as the “Fayette Township Zoning Ordinance of 1999. ”

Section 103 - Purpose

This revised Zoning Ordinance has been prepared and m a d 4 in accordance with the Fayette Township Comprehensive Development Plan of 1993, with consideration for the character of the municipality, its various parts, and the suitability of the various parts for the particular uses and structures, and is enacted for the following purposes:

1. To promote, protect, and facilitate one or more of the following: The public health, safety, morals, general welfare, coordinated and practical community development, proper density .of population, civil defense, disaster evacuation, airports, and national defense facilities, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water sewerage, schools, public grounds and other public requirements, as well as

2. To prevent one or more of the following: Overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life of property from fire, flood, panic or other dangers.

Section 104 - Zoniug Hearing Board

In accordance with Article IX of the Act of December 21, 1988, P.L. 1329, No. 170, as amended, known as the Pennsylvania Municipalities Planning Code of the Commonwealth of Pennsylvania, a Zoning Hearing Board is hereby created and shall have the number of members and such powers and authority as set forth in said Act and this Ordinance. The duly established Zoning Hearing Board may, from time to time, be herein referred to as the Board and unless otherwise clearly indicated, the term “Board” shall refer to such Zoning Hearing Board.

Section 105 - hterpretation md

In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of health, safety, morals, and the general welfare of the Township and its citizens. It is not intended by this Ordinance to interfere with or abrogate or annul any rules or regulations previously adopted or permits previously issued by the Township which are not in conflict with any provisions of this Ordinance, nor is it intended by this Ordinance to interfere with or abrogate or annul easements, covenants, building restrictions, or other agreements between parties; provided, however, that where this Ordinance imposes a greater restriction upon the use of the buildings or premises or upon the

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height of the building, or requires a larger open space than is imposed or required by such ordinance, rules, regulations or permits, or by easements, covenants, building restrictions or agreements, the provisions of this Ordinance shall control. P&mre, if a & s r p m y eXk& kmf3!3l Be@&k3lIl§ C d X E b d W b h h U S 0 e, R@&CDEII W h k b bU!@XE§ fie gre*r remictiom w wny.

Section 106 - Uses Not Provided For

Whenever, in any District established under this Ordinance, a use is neither specifically permitted or denied and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the k a d of Sprvimrs or the Zoning Hearing Board, which ever has j ~ k d i c t b , which shall have the authority to permit the use or deny the use. The use may be permitted if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purpose and intent of this Ordinance. The M e n of proof shall be upon the qppkmt to demo- that the p r o p d use meets the foregoing criteria and ~ ~ d d not be d e m d to the public bed&,

3Jtld WrdlfUe of

Section 107 - Community Goals and Objectives

This mend4 Zoning Ordinance is enacted as part of the overall plan for the orderly growth and development of Fayette Township. As such, this Ordinance is based upon the expressed or implied community development goals and objectives as contained in the Fayette Township Comprehensive Plan of 1993, as amended.

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ARTICLE II

GLOSSARY OF ZONING TERMS

Section 201 - Application and Interpretation

It is not intended that this Glossary include only words used or referred to in this Ordinance. The words are included in order ,to facilitate the interpretation of the Ordinance for administrative purposes and in the carrying out of duties by appropriate T0-p officers and by the Zoning Hearing Board.

Unless otherwise expressly state&,’ ,the following shall, for the purpose of this Ordinance, have the meaning herein indicated:

1. Words used in the past tense include the future tense.

2. The singular includes the plural.

3. The word “person” includes a profit or non-profit corporation, company, partnership, or individual.

4. The male gender includes the female gender

5 . The words “used” or “occupied” as applied to any land or building include the words “intended”, “arranged”, or “designed” to be used or occupied.

6. The word ((building” includes structure.

7. The word “lot” includes plot or parcel.

8. The word “shall” or “must” is always mandatory.

9. The word “erected” shall be construed to include the words “constructed, altered or moved”.

Section 202 - Definition of Terms . -

For the purpose of this Ordinance, the following words, terms, and phrases have the meaning herein indicated:

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Accessory Use: building, and located on the same lot with such principal use of building.

A use customarily incidental, subordinate to the principal use or

Agribusiness: supplies and the process, storage and distribution of farm commodities.

Activities including agriculture, distribution of farm equipment and

Alterations: As applied to a building or structure, any change or rearrangement in the structural parts or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. An alteration does not include maintenance and repair.

Alterations, Structural: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

Amendment: A change in use in any district which includes revisions to the zoning text and/or the official zoning map; and the authority for any amendment lies solely with the Township Board of Supervisors.

Animal Hospital: A building or my eshblihent ofierhng v e t - e m awices used for the treatment, housing, or ovennight boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowls by a veterinarian.

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Applicant: A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, personal representatives, successors and assigns.

Application for Development: Every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plot or plan, or for the approval of a development plan filed under the provisions of this Ordinance.

Area, Building: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.

Area, Lot: The total area within the lot lines, excluding any portion, which may be used or dedicated as a public or private street or alley.

Automobile: A self-propelled motor vehicle designed for the conveyance of persons or property requiring a registration plate by the Commonwealth of Pennsylvania for operation upon public highways; including a truck, motor home, motorcycle.

Automobile Body Shop: A building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles and other vehicles for conveyance.

Automobile Garape, Minor: An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premise, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one automobile is leased to a non-occupant of the premises.

Automobile Garage, Major: A building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental servicing or supplying of gasoline or oil to automobiles, trucks, and similar motor vehicles.

Automobile and/or Trailer Sales Garage: A building on a lot designed and used for the display, sale or rental of new and used cars, trucks, campers, tractors, trailers, and snowmobiles where mechanical repairs and body work may be conducted as an accessory use incidental to the primary use.

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Automobile, or Gasoline Services Station: A building on a lot or part thereof, that is used primarily for the retail sale of gasoline, oil or fuel and which may include facilities used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing automobiles and other vehicles.

Automobile and/or Trailer Sales Lot: An open lot, used for the outdoor display or sales of new or used automobiles or trailers, and where minor and incidental repair work (other than body and fender) may be done.

Automobile Washing (Car Wash): A building on a lot, designed and used primarily for the washing and polishing of automobiles and which may provide accessory services as set forth herein for Automobile Service Stations.

Automobile Wrecking: The dismantling or wrecking of used automobiles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Basement: A story partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if used for business or dwelling purposes, other than a game or recreation room.

Bed and Breakfast Inns: Am owrmerasupid single-family detached dwelhg, or portions thereof, containing not more than five (5 ) guest rooms which are to be occupid by not more than fifteen (15) guests where rent is paid in money, goods, labor or otherwise. Meals m y be ~~IiFerd ody to regkterd ovenmight pesUs.

Billboard: A sign upon which advertising matter of any character is printed, posted, or lettered; and it may be either freestanding or attached to a surface of a building or other structure. A bilBBhxd is u d to adveds produc~, senices ax hshnesws at a losation O&KX l@Mlll lhe p H e ~ E § On W h k h h e S@lll @Zd, 011 bfD &.SS!%dMl&e CDlhe11 RMlEW@X.

Boarding House: Any dwelling in which more than three persons, but not more than ten (10) persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished room house shall be deemed a boarding house.

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Building Detached: A building surrounded by open space on the same lot.

Building, Front Line Of: The line of that face of the building nearest the front line ef. the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

Building, Height Of: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.

Building Line: The line(s) created by the setback, (front, side or rear) of a building from a property or street line.

Business Services: Business services shall include and be limited to banks, credit unions, loan companies, real estate and insurance agencies, utility oftices, governmental oftices, business and professional offices.

Camp: school offering general instructions or a mobilehome park:

Any one or more of the following, other than a hospital, place or detention,

Type 1 - Any area of land or water of a design or character used for seasonal, recreational or similar temporary living purposes which may include any building or group of buildings or a movable, temporary or seasonal nature, such as cabins, tents, or shelters.

Type 2 - Any land and buildings thereon, used for any assembly of persons for which is commonly known as “day camp” purposes, whether or not conducted

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for profit or whether occupied by adults or children, either as individuals, families. or groups.

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Campground: A parcel of land upm w k h two or more c q G k s are haUd Uo be used by campers for seasonal, recreational or other similar temporary living purposes, in buildings of a movable, temporary or seasonal nature, such as cabins, tents, recreational vehicles or shelters, but not including a mobilehome camp, court or park.

Cellar: A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

Child Day Care Center: A Pennsylvania licensed and/or registered facility which care is provided or is intended to be provided for seven (7) or more children at any age of at

~ any time.

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Child Day Care Home: A State licensed and/or registered single-family dwelling in which child day care is provided at any time for not more than seven (7) children under the age of twelve (12), including any children under the age of twelve (12) who are residents of the dwelling.

Comprehensive Plan: The official public document prepared in accordance with Pennsylvania Municipalities Planning Code, Act 170 of 1988, as amended, consisting of maps, charts, and textual material, that constitutes a policy guide to decisions about the physical and social development of Fayette Township, as amended from the time to time.

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&JmWrdonPBm: A a map@) and mative W, at the very least, QUdhCX ~~Q§liQllE md

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Contractor's Oftice or Shop: cement, electrical, masonry, painting and roofing contractors.

Offices and shops for tradesmen, such as building,

Courts: An unoccupied open space, other than a yard, on the lot with a building, which is bounded on two or more sides by the walls of such building.

Court, Inner: A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.

Court, Outer: A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

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Coverage: That portion or percentage of the plot or lot area covered by the building area.

Curb Level: The officially established grade of the curb in front of the midpoint of the lot.

Dairy: products.

A commercial establishment for the manufacture or processing of dairy

Density: A measure of the number of dwelling units, which occupy, or may occupy, an area of land.

’’ Density, Net Residential: The number of dwelling units in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way, streets, sidewalks, parks, playgrounds, common open spaces, etc.

Density, Gross Residential: The number of dwelling units in relation to an area of land actually in use or proposed to be used for residential purposes, excluding public rights- of-way whether exterior or interior, but including interior parking areas and access lanes, sidewalks, parks, playgrounds, common open spaces, etc.

Dog Kennel: An establishment for the sheltering of four (4) or more dogs that are more than six (6) months old.

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Domiciliary Care Unit: An existing building or structure designed for a dwelling unit for one family which provides 24-hour supervised living arrangements by the family residing therein for not more than two (2) unrelated persons eighteen (18) years of age and above who are disabled physically, mentally, emotionally or who are aged persons.

Drive-In Business: A commercial establishment, including an eating establishment, offering refreshments, entertainment, or services to patrons, who purchase and/or consume such refreshments, entertainment or services on the premises and/or outside of the building, including patrons who may be served in their automobile.

Dump: A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

Dwelling: A building or structure designed for living quarters for one or more families, including trailers (mobile homes) which are supported either by a foundation or by blocks or jacks covered by skirts or are otherwise permanently attached to the land and anchored against wind and water movement, but not including room houses, convalescent homes, motels, hotels, tourist homes or other accommodations used for transient occupancy.

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Residential Conversion Unit - To be considered a conversion, any proposed alteration must be confined to the interior of an already existing structural shell. Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion and shall be required to meet the appropriate provisions established in that District for that particular use.

Single-Family Detached - A dwelling unit accommodating a single-family and separated from any other building or structure by space on all sides.

Single-Family Semi-Detached - Two dwelling units accommodating two families -

which are attached side by side through the use of a party wall, and having one side yard adjacent to each dwelling unit.

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4. Two-family Detached - Two dwelling units accomodating two families which are located one over the other and having two (2) side yards.

5. Two-Family Semi-Detached - Four dwelling units accommodating four families, two units of which are located directly over the other two units.

6. Townhouse (Row Dwelling) - Three or more dwelling units accommodating three or more families which are attached side by side through the use of common party walls and which shall have side yards adjacent to each end unit. Each dwelling unit is generally two (2) stories in height, but may conceivably be either one (1) or three (3) stories in height.

7. Garden Apartment - Three or more.dwelling units accommodating three or more families which are located one over the other and which, when more than three unit are utilized, are attached side-by-side through the use of common party walls, and which shall have side yards adjacent to each first story end unit. Single-family dwelling units are generally built to a height of three (3) stories, but may conceivably be built to a height of only two (2) stories. Each dwelling unit is accessible by a common stairwell.

8. Apartment House - A structure consisting of a series of single-story dwelling units (two-story units may conceivably by used in certain instances) clustered on a floor about a central elevator shaft or central corridor, each series, consisting of one story, being stacked one upon the other to a specified maximum height.

Dwelling Unit: A building or portion thereof providing complete cooking and sanitary facilities for not more than one (1) family.

Dwelling Unit Area: The minimum or average square footage necessary to constitute a dwelling unit.

Electric Substation: An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its-characteristics to meet the needs of the general public.

Facade: The front of a building; part of a building facing a street, courtyard, etc.

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Family: One (1) or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family for purposes of this Ordinance.

Farm: Any parcel of land containing ten (10) or more acres, which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. For the purposes of this Ordinance, a farm shall not include the raising of fur- bearing animals, riding academies, livery or boarding stables and dog kennels.

Farm Pond: An artificial body of water used for irrigation, fire protection or other farm use as approved by the U.S. Department of Agriculture Soil Conservation Service.

Floodplain: A floodplain is defined and established to be the low area adjoining and including any water or drainage course or body of water subject to periodic flooding or overtlow as further detined in Article IlX of this Ordinance.

Floor Area of a Building: The sum of the gross horizontal areas of the several floors of a building and its accessory building on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

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Floor Area, Habitable: The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathroom, closets, nor unheated areas such as enclosed porches, no rooms without at least one window or skylight opening onto an outside yard or court. A least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven (7) feet and the tloor area of that part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the habitable floor area. The minimum total window area, measured between stops shall be ten (10) percent of the habitable tloor area of ,

such room.

Floor Area Retail, Net: All that space relegated to use by the customer and the retail employee to consummate retail sales; and to include display area used to indicate the'' variety of goods available for the customer; but not to include office space, storage space, and other general administrative areas.

Forest Industries: Are those industries that remove tree or forest products from the land, which may include timbering ad tree harvesting operations.

Garage, Private: An enclosed or covered space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a non-resident of the premises.

Garage, Public: Any garage not a private garage and which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.

Gardening: See Home Gardening for definition.

Grade, Establishing: established by the municipal authorities.

The elevation of the centerline of the streets as ofticially

Grade, Finished: The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.

Greenhouse: A glass, plastic or other clear, or opaque substance-enclosed room or building for growing plants for commercial sale that need an even, usually warm temperature.

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Group Home: A dwelling designed for a group of mentally and/or physically disabled persons living and cooking together in a single dwelling unit. The maximum number of occupants, including resident staff personnel, shall not exceed five (5). A group home shall be directly aftiliated with a parent institution, which provides for the administration of the residents through the direction of a professional staff.

Group Quarters: Any dwelling or portion thereof which is designed or used for five or more persons unrelated to each other or to any family occupying the dwelling unit and having common eating facilities. Group quarters include, but are not limited to, lodging or boarding houses, fraternity and sorority houses and dormitories and other quarters of an institutional nature. Such quarters must be associated with a parent religious, educational, charitable or philanthropic institution.

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Home Gardening: The cultivation of herbs, fruits, flowers or vegetables on a piece of - - - ground adjoining the dwelling, excluding the keeping of livestock, and permitting the

sale of produce raised thereon.

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Home Occupation: Any use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling.

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Non-Professional - An occupation for gain or support conducted only by immediate members of a family residing on the premises and conducted entirely within the dwelling or accessory building; provided no article is sold or offered for sale except such as may be produced on the premises by members of the family, and further provided that such occupation shall in no case occupy more than twenty-five (25) percent of the floor area of the dwelling.

Professional - An occupation for gain or support conducted by a member of a recognized profession, entirely within the dwelling or accessory building, provided that not more than three (3) persons not in residence in the dwelling are employed and, further provided that such occupation shall in no case occupy more than twenty-five (25) percent of the floor area of the dwelling.

Hospital: Unless otherwise specified, the term “hospital” shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

Hotel: A building containing rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in any accessory building.

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Landscape Area: The minimum square footage of lot area that is available for the use of the residents of a dwelling unit complex in which it is located or a part of the required area of a commercial or industrial development. This area must be both unsurfaced and water absorbent, and no more than one-third of this total space footage requirement may be made up of the area located within the setback requirements for the front, side, or rear yards of the complex.

Laundromat: A business premise equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

Lighting:

1. Diffused - That form of lighting wherein the light passes from the source through a translucent cover or shade.

2. Direct or Flood - That form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.

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3. Indirect - That form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be ill uminated.

Line. Street: The dividing line between the street and the lot.

Lodging House: A building in which three (3) or more, but not more than fifteen (15) rooms, are rented and in which no table board is furnished.

- Lot: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are

- f ' 'required under the provisions of this Ordinance, having not less than the minimum area and width required by this Ordinance for a lot in the district which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a zoning permit for a building on such land.

Lot, Corner: intersecting streets.

A parcel of land at the junction of and abutting on two or more

Lot. Interior: A lot other than a corner lot.

Lot Lines: The lines bounding a lot as defined herein.

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Mobilehome Lot: A parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobilehome.

Municipality: The Township of Fayette, Juniata County, Pennsylvania.

Natural Resource Extraction: quarrying, mining, the production of forest products and forest industries.

Activities include, but are not limited to excavation,

Non-conforming Lot: A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

Non-conforming Structure: A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such non-conforming structures include, but are not limited to, non-conforming signs.

Non-conforming Use: A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

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Nursing or Convalescent Home: Any dwelling with less than fifteen (15) sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.

Off-site Sewer Service: A sanitary sewage collection system in which sewage is carried from individual lot or dwelling units by a system of pipes to a central treatment and disposal plant which may be publicly or privately owned and operated.

On-Site Sewer Service: A single system of piping, tanks or other facilities serving only a single lot and disposing of sewage in whole or in part into the soil.

Open Pit Mining: Open pit mining shall include all activity which removes from the surface or beneath the surface, of. the Iirld’some material mineral resource, natural resource, or other element of economic value, by means of mechanical excavation necessary to separate the desired material from an undesirable one: or to remove the strata or material which overlies or is above the desired material in its natural condition and position. Open pit mining includes, but is not limited to, the excavation necessary to the extraction of: sand, gravel, topsoil, limestone, sandstone, coal, clay, shale, and iron ore.

Open Space: An unoccupied space open to the sky on the same lot with the building.

Open Space Option: A conditional use in a residential use district that may be granted to a landowner or developer which would enable said landowner or developer to subdivide a parcel of land into lots for building purposes which do not conform to the minimum requirements of the district, provided open space is included in the plan designed for passive or active recreational purposes for dedication to the Township.

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- Plat: A map, plan or layout of a subdivision indicating the location and boundaries of individual properties.

Porch: A covered area in excess of four (4) feet by five (5) feet or twenty (20) square feet in area at a front, side, or rear door.

Premises: Any lot, parcel or tract of land and any building constructed thereon.

Profession: Includes any occupation or vocation in which a professed knowledge of some department of science or learning is used by its practical application to the affairs others, either advising, guiding, or teaching them and in serving their interest or welfare in the practice of an art founded on it. The work implies attainments in professional knowledge as distinguished from mere skill and the application of such knowledge to uses for others as a vocation. It requires knowledge of an advanced type in a given field of science or instruction and study.

Property Line: A recorded boundary of a lot, however, any property line which abuts a “street” or other public or quasi-public way shall be measured from the full right-of- way.

Public Uses, Appropriate: Includes public and semi-public uses of a welfare and educational nature, such as hospitals, nursing homes, schools, parks, churches, cemeteries, civic centers, historical restorations, fire stations, municipal buildings; essential public utilities that require enclosure within a building; airports; fraternal clubs and homes; non-profit recreational facilities; and easements of alleys, streets, and public utility rights-of-way.

Residence: A place in which a person lives.

Restaurant: A building designed for the preparation and serving of food to the general public within the same structure; wrapping, covering or packaging food for take-out and consumption of food off premises is incidental to providing table service to customers for the purpose of facilitating consumption of food on the premises, as distinguished from Drive- In Res tau rants.

Restaurant, Drive-In: A building designed for the preparation of food to be consumed by and served to the general public within the structure or outside of the structure. Differentiated from a restaurant in that no table service is offered, and wrapping,

24

I I I I I 1 I I I I I I I I 1 I I I I

covering and/or packaging food is specialized to facilities off-premises consumption of food.

Riding Academy: Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

Road Classification: Setback distance in this Ordinance may vary in accordance with, y' I

the type of roadway abutting the properties. For the purpose of this Ordinance, classifications shall be consistent with those contained in the Subdivision and Land Development Ordinance and the Comprehensive Plan.

Sanitarium, Sanatorium: consisting of sixteen (16) or more sleeping rooms.

An institution for the car of invalids or convalescents

Sanitary Landfill: A lot or land or part thereof used primarily for the disposal of garbage, refuse, and other discarded materials including, but not limited to, solid and liquid waste materials resulting from industrial, commercial, agricultural, and residential activities. The operation of a sanitary landfill normally consists of: (1) Depositing the discarded material in a planned controlled manner, (2) Compacting the discarded material in thin layers to reduce its volume, (3) Covering the discarded material with a layer of earth, and (4) Compacting the earth cover.

Screen Planting: A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining residential districts the structures and uses on the premises on which the screen planting is located.

Seasonal Residence: A dwelling, cabin, lodge or summer house which is intended for occupancy less than one hundred and eight-two (182) days of the year.

-

Services, Essential: Uses, not enclosed within a building, necessary for the preservation of the public health and safety including, but not limited to, the erection, construction, alteration or maintenance of, by public utilities or governmental agencies,

25

underground or overhead transmission systems, poles, wires, pipes, cables, fire alarms boxes, hydrants, or other similar equipment.

Service Station: Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designated to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.

Setback Line: The line within a property defining the required minimum distance between any building to be erected and the adjacent right-of-way. Such line shall be measured at right angles from the front street right-of-way line which abuts the property upon which said buildingis located and shall be parallel to said right-of-way line.

m: Any device for visual communication that is used for the purpose of bringing the subject thereof the attention of the public, but not including any flag, badge, or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, or similar organization.

Special Exception: The granting of a modification of the provisions of this Ordinance as authorized in specific instances listed, and under the terms, procedures, and conditions prescribed herein. Special exceptions are administered by the Zoning Hearing Board.

Stable, Private: An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

Stable, Public: A building in which any horses are kept for private use and not for hire, remuneration or sale.

Stoop: A covered or uncovered area at a front, side or rear door not exceeding four (4) feet by five (5) feet or twenty (20) square feet in area.

-.~. .

26

. .

I I I I i I I I I I I I I I I I I I I

1 I i I I I I i I

I

Story: That 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.

Story, Half: A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.

Street-Center Line: surveyed, the center of the traveled cartway.

The center of the surveyed street right-of-way, or where not

Street Grade: The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon, if there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

Street Right-of-way Line: The line dividing a lot from the full street right-of-way, not just the cartway. The word “street” shall include, but not be limited to, the words “ road *, “highway ” , “d ley”, and “thoroughfare”.

Subdivision: An area of land divided by the owners or agent, either by lots or by metes and bounds into lots or parcels two or more in number, for the purpose of conveyance, transfer, improvement or sale. The appurtenant roads, streets, lanes, alleys, and ways dedicated or intended to be dedicated to public uses, or the use of purchasers or owners

27

. .. . .. .

of lots fronting thereon are included. “resubdivision” , “plot”, “plan”, or “re-plan”.

The word “subdivision” includes the word

Swimming Pool:

1.. Private - Any reasonably permanent pool or open tank, not located within a completely enclosed building, and containing or normally capable of containing, water to a depth at any point greater than one and one-half (1 lh) feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

2. Public - A public bathing place shall mean any open or enclosed place, open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.

Telephone Central Office: A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radio telephone messages between subscribers and other business of the Telephone Company; but in a residential district not to include public business facilities, storage or materials, trucks or repair facilities, or housing or repair crews.

Theater: A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.

Theater, Outdoor Drive-In: An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles, or on outdoor seats.

Tourist Cabins: cabins, which:

A group of buildings, including either separate cabins or a row of

1. Contain living and sleeping accommodations for transient occupancy; and

2. Have individual entrances.

Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified “Travel Trailer” by the manufacturer on the trailer. Unoccupied travel trailers do not constitute mobilehomes, as used in this Ordinance.

I I I I 1 I I I

I I 1 I I 28

I I m I I I I 1 I I 1 I I I I I I I I

- Use: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any non-conforming use.

. >’ Utility Shed: A small building accessory to a dwelling unit designed primarily for the storage of yard and garden equipment, bicycles, and other miscellaneous household items incidental to a dwelling and of the type customarily made of prefabricated materials, purchased assembled, and erected by the property owner but not including truck trailers without wheels that have been permanently or temporarily parked for storage purposes.

Variance: The permission, granted by the Zoning Hearing Board, following a public hearing that has been properly advertised, for an adjustment to some regulation or provision of the Zoning Ordinance which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest, and would maintain the spirit and intent of the Ordinance.

Window: An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space, the glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

29

- Yard: structure.

An unoccupied space open to the sky, on the same lot with a building or

Yard, Front: An open unoccupied space on the same lot with a main building, extending the full width of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

Yard, Rear: An open unoccupied space on the same lot with a main building, extending the full-width of the lot, and situated between the side lines of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building. In the case of “pre-shaped” lots, the rear yard shall be drawn as an arc with the specified radius measured from the rear corner of the lot. A building shall not extend into the required rear yard.

Yard, Side: An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards.

Zoning: The designation of specified districts within a community or township, reserving them for certain uses together with limitations on lot size, heights or structures, and other stipulated requirements.

Zoning Map: The Zoning Map of’Fayette Township, Juniata County, Pennsylvania.

Zoning Ordinance: The “Fayette Township Zoning Ordinance. ”

30

I I I I 1 I I I 1 I I I I I I I I I I

I I 1 I I I I I I I I I I I I I I I I

ARTICLE III

DESIGNATION OF DISTRICTS

Section 301 - General Districts

For the purposes of this Ordinance, the Township of Fayette is hereby divided into six (6) types of Districts, which shall be designed as follows:

R A - Rural Agricultural District F - Forest District R-1 - Residential Low-densiq’District C - Commercial District I - Industrial District FP - Floodplain District

Section 302 - Zoning Map

The boundaries of said Districts should be shown upon the map made a part of this Ordinance, which shall be designated as the Official Zoning Map. The map and all notations, me I E I ~ ~ R ~ C ~ into this Ordinance as if they were fully described herein.

Section 303 - District Boundaries

Where uncertainly exists as to boundaries of any District as shown on said map, the following rules shall apply:

1. District boundary lines are intended to follow or parallel to the center line of streets, streams, and railroads and lot or property lines as they exist on a recorded deed or plan or record in the County Recorded of Deed’s office at the time of the adoption of this Ordinance, unless such District boundary lines are fixed by dimensions as shown on the Zoning Map.

2. Where a District boundary is not fixed by dimensions and where it approximately follows lot lines, and where it does not scale more than ten (10) feet-therefrom, such lot lines shall be construed to be such boundaries r

unless specifically shown otherwise.

31

3. Where a District boundary divides a lot held in a single separate ownership prior to the effective date of this Ordinance spacing seventy-five (75) percent or more of the lot area in a particular district, the location of such District boundary may be construed to include the remaining twenty-five (25) percent or less of the lot so divided.

Section 304 - Interpretation of Boundaries

in case of any uncertainty, the Zoning Hearing Board shall interpret the intent of the map as to location of District boundaries.

I I I I I I

% I 1 I I I I I I I I I

32 I I


1.

2.

3.

4.

5 .

6.

7.

ARTICLE IV

JXA - RURAL AGRICULTURAL DISTRICT


The purpose of the Rural Agricultural District ('IRA) is to (1) identify those areas where agricultural activities should be encouraged or preserved, and (2) provide for the preservation of natural, unpolluted drainageways, protection from flooding and high-water tables, preservations of open space, and conservation of the natural environment and natural resources while providing for such uses and development as are compatible with these objectives.

,

--<' ,

Section 402 - Permitted Uses

The chart on the following page refers to the uses permitted in a Rural Agricultural Uses wt p i f i c d y d ~ d s h d he c~nskkred as specid excep~~m, (RA) District.

BmEblLg b e VPrOVd Qf a % X U I h ~ H&g hd.

Section 403 - Area Regulations

The chart on the following page refers to the minimum area and bulk requirements.

The height of a building shall mot be greater than thirty-five (35) feet.

The height of a dwelling shall not be less than one (1) story.

Building devoted to agricultural use shall be exempt from height regulations.

Accessory buildings shall be a minimum of twelve (12) feet from side or rear lot lines.

On each comer lot there shall be two front yards, such abutting a street.

On each pie shaped lot (front property line is an arc) the rear yard shall be measured as an arc with a %-foot radius originating at the rear property comer.

Buildings housing livestock (including dog kennels) poultry, or mushroom culture, shall be no closer than one hundred (100) feet to any public right-of-way nor five hundred (500) feet to a residential district, except as noted d e r provkiom of a m e r c i d lLivemk *.om.

33

8. Buildings housing livestock (including dog kennels) poultry, or mushroom culture, shall be no closer than one hundred (100) feet to any public right-of-way nor five hundred (500) feet of a building of like use owned by a different party, except as lB3kd d e r pRDVkbI'& Of &XEEErSkd fiVC&OCk WlE3fblIU.

Section 404 - Off-street Parking

See Article XIII.

Section 405 - Sign Regulations '' I

See Article XII.

34


I I I I I I I I 1 I I I I I I I I I I

35

I I Public Water and Public Water or I No Public Water or

I Front I Rear 1 Side

- 1. 2. 3. 4. 5.

6.

7. - - 8.

9. 10.

11.

Public Sewer Pubic Sewer Public Sewer Minimum Minimum Minimum

12. 13.

Use#

14. 15.

16.

17.

Yard I Yard 1 Yard RA-AqpkmJIM Minimum Lot Size I Street Frontage Lot Size I Street Frontage Lot Size I Street Frontage

Home Occupations I

36

& f a bo D~~hll, M C k a

Appropriate Public 35 40 20 1 ac. 100 ft. 2 ac. 125 ft. Uses Roadside Stands kklr 80 kfi~Qlll Private Parks and 50 100 100 5ac. 200 ft. 5 ac. 200 ft. Recreation Areas Natural Resource 100 200 200 20 ac. 400 ft. 20 ac. 300 ft. Extraction Junkyards 100 200 200 20ac. 400 ft. 20 ac. 400 ft. Meat Processing 50 100 100 5ac. 200 !i. 10 ac. 300 ft. Facilities

Child Day Care 35 35 10 20,000 100 ft. 30,000 125 ft.

Bed and Breakfast 35 35 10 20,000 100 ft. 30,000 ,125 ft.

Forest Industries 50 100 100 5 ac. 200 ft. 5 ac. 200 ft.

Homes sq. ft. sq. ft.

InnS sq. ft. sq. ft. a- 50 1 0 BW BO 200 100 2 0 LiViStOCPC opelra~m

2.5 ac. 125 ft.

5 ac. 200 ft . 20 ac. 400 ft.

20 ac. 400 ft. 10 ac. 300 ft.

5 ac. 200 ft. 1 ac. 150 ft.

1 ac. 150 ft.

BO m

. -

ARTICLE V

F -IRDRESTDISTRICT


The purpose of the F - Forest District is to encourage the preservation and conservation of the natural resources by providing reasonable standards for the development and use of land.




1 . The height of a building shall not be greater than thirty-five (35) feet.

2. The height of a dwelling shall not be less than one (1) story.

3. On each corner lot there shall be two front yards, each abutting a street.

4. On each pie-shaped lot (front property line is an arc) the rear yard shall be measured as an arc with a 50 foot radius originating at the rear property corner.

5. No lot shall be covered by more than twelve (12) percent with impervious surfaces.


See Article XIII.

Section 505 - Signs

See Article XII.

38

I I I I I I I I I

I I I I I 1 I I I

m

-

-

I I I I I I I I I I I 1 1 1 I I I I I

39

Public Water and Public Water or Public Sewer Pubic Sewer

Front Rear Side Minimum Minimum Yard Yard Yard

Use # F - Forest Minimum Lot Size 1 Street Frontage Lot Size I Street Frontage

40

No Public Water or Public Sewer

Minimum

Lot Size I Street Frontage

- -

PERMITTED USES 1. Agriculture * 50 100 100 10ac. 300 ft. 10 ac. 300 tt. 5ac. 200 ft. 2. Riding Academies, Stables 50 100 100 10ac. 300 ft. 10 ac. 300 ft. 5 ac. 200 ft. 3. Dog Kennels 50 100 100 5ac. 200 ft. 5 ac. 200 ft. 2.5 ac. 100 ft. 4. Animal Hospitals 35 40 15 20,000 100 ft. 1 ac. 150 ft. 5 ac. 200 ft.

5. Single-Family Detached 35 40 15 20,000 100 ft. 1 ac. 150 ft. 1 ac. 100 ft.

6. PublicandPrivateParkscPr 50 100 100 5 ac. 200 ft. 5 ac. 200 ft. 5 ac. 200 ft.

sq. ft.

Dwellings sq. ft.

Recreation Areas 7. House of Worship 35 40 15 20,000 100 ft. 30,000 125 ft. 2 ac. 150 ft.

sq. ft. sq. ft. 8. Radio, TV Transmission & 35 30 10 10,000 80 ft. 10,oo 80 ft. 10,000 80 ft.

9. Home Occupations see D&mitiom, M d e Bp

nn. FOES- 104) 200 200 5ac. m a. 5 ac. 2uQ A. 5 ac. 20 dt.

Receiving sq. ft. sq. ft. sq. ft.

10. Accessory Buildings to Above Uses

CuDmmuDNmUJm 100 200 200 20 ac. 400 ft. 20 ac. 400 tt. 20 ac. 400 ft.

300 ft. 10 ac. 300 ft. 10 ac. 300 ft.

300 ft. 10 ac. 300 ft. 10 ac. 400 ft.

12. Natural Resource Extraction

13. Recreational Travel Trailer 50 100 100 10 ac. Camp

14. Resort Hotels, Motels and 50 100 100 10 ac. Areas

15. Child Day Care Homes 35 40

16. Bed & Breakfast Inns 35 40

17. Appropriate Public Uses 35 40 15 1 ac.

-------- ~

15 20,000 100 ft. 1 ac. 150 ft. 1 ac. 100 ft.

15 20,000 100 ft. 1 ac. 150 ft. 1 ac. 100 ft. sq. ft.

sq. ft. 100 ft. 2 ac. 125 ft. 2.5 ac. 150 ft.

* IEwch$ng (bmerc id LhES&dk md &rmnNXCid k%dUCe @WdOm.

I I I I 1 I I I 1 1 I I 1 I I I 1 I I

ARTICLE VI

R-1 - RESIDENTIAL DISTRICT

Section 600 -


The purpose of the R-1 Residential District is to provide for the orderly expansion of residential development in those areas where public services are adequate and to exclude uses not compatible with such residential development. '. /'




1. The height of a building shall not be greater than thirty-five (35) feet.

2. The height of a dwelling shall not be less than one (1) story.

3. Buildings devoted to agricultural use shall be exempt from height regulations.

4. Accessory buildings shall be a minimum of eight (8) feet from side yard line and twelve (12) feet from the rear lot line.

5. On each corner lot, there shall be two front yards, each abutting a street.

6 . On each pie-shaped lot (front property line is an arc) the rear yard shall be measured as an arc with a 35 foot radius originating at the rear property corner.

41


See Article XIII.

Section 605 - Sign Regulations

See Article XII.

42

I I I I I 1 I I I I I I I I I I I I I

Front Yard

Public Water and Public Water or No Public Water or Public Sewer Pubic Sewer Public Sewer

Minimum Rear Side Minimum Minimum Yard Yard

PERMITTED USES Use# I R - Residential

1. Single-Family Detached Dwellings

2. Single-Family Semi- Detached Dwellings

Minimum I Lot Size I Street Frontage I Lot Size I Street Frontage 1 Lot Size I Street Frontage

(Row) Dwellings

4. Two-Family Detached Dwellings

5 . Two-Family Semi-Detached Dwellings

6. Agricultural& Horticultural Uses *

7. Accessory Uses to the Above Uses

* wn- * f i v a k m

35 35. 8 7,500 sq. ft.

35 35 8 4,000 (1 per sq. ft./ unit) dwelling

unit

35 35 10 4,000 (end sq. ft./

units) dwelling unit

35 35 10 4,000 sq. ft./

dwelling unit

35 35 10 4,000 sq. ft./

dwelling unit

50 100 100 10ac.

&I

60 ft.

30 dwelling units

20 dwelling units

~

30 dwelling units

30 dwelling units

15,000 75 ft. sq. ft.

sq. ft. unit 8,000 60 fi./dwelling

8,000 60 ft./dwelling sq. ft. unit



lac.

1 ac.

1 ac./ dwelling

unit

1 ac./ dwelling

unit

Not permitted

10 ac.

150 ft.

150 fi't:/dwelling unit

150 ft./dwelling unit

150 ft./dwelling unit

Not permitted

300 ft.

43

c

Public Water and Front Rear Side Public Sewer Yard Yard Yard Minimum

Use # R - Residential Minimum Lot Size I Street Frontage

- 8.

Public Water or

Minimum

No Public Water or

Minimum Public Sewer Public Sewer

Lot Size I Street Frontage Lot Size I Street Frontage

9.

10.

11. 12.

Appropriate Public Uses 35 40 15 20,000 100 ft. 30,000 125 ft.

Apartment Dwellings 35 35 10 4,000 60 ft. 8,000 60 ft. sq. ft. sq. ft.

sq. ftJ sq. ft.1 dwelling dwelling

unit unit Mobilehome Parks 50 100 100 10ac. 300 ft. 10 ac. 300 ft.

Roadside Stmmds Home Occupations 35 35 8 4,000 30 ft. 8,000 60 ft.

See De&ibiom, h i d e IH

sq. ft. sq. ft. Public/Private Parks & 50 100 100 2.5 ac. 200 ft. 2.5 ac. 200 ft. 13.

1 ac. 150 ft.

Not Not permitted permitted

Not Not permitted permitted

1 ac. 150 ft.

2.5 ac. 200 ft.

14. Recreation Areas Child Day Care Homes

Bed & Breakfast Inns

35 35 8 4,000 30 ft. 8.000 60 ft. 1 ac. 150 ft.

35 35 8 7,500 60 ft. 15,000 75 ft. 1 ac. 150 ft. . sq. ft. sq. ft.

15. -

44

. . . -. .. . -.. . . - . . . . . .. -. . .. - . .-.. ... . .~ . . . . . .-. _. __...

I

‘ I I I I I 1

II

ARTICLE VII

C - COMMERCIAL DISTRICT


The purpose of the C - Commercial District is to provide for the orderly development of those uses necessary to meet the community and regional need for general goods and services, and to provide for anticipated future needs.

Section 702’- Permitted Uses

The chart on the following page refers to the uses permitted in a Commercial District. UfES WifiCdIJ’ XM@D~QMI,d §bd b CQE&delRd p k d eW~QII!§, RCj@l&ig k W K O V d of a %* w e g hwd.


1. The minimum lot sizes for uses not designated otherwise in the commercial zone shall be based upon the adequate provision of off-street parking spaces in accordance with this ordinance, maximum impervious cover of fifty percent (50%) and a minimum fifty (50) foot lot width.

2. For the purpose of calculating minimum lot area, on-street parking spaces can be included where permitted. If the spaces are not clearly identified, the number of spaces can be calculated by dividing the street frontage of the use by twenty (20) feet.

3. Where permitted, lot sizes for combined commercial and residential uses shall meet the minimum lot size requirements specified for the residential use or the commercial use, whichever is greater. Parking shall be provided for any dwelling units in addition to those required for the commercial use.

4. Where public sewer service is not available, adequate space must be allotted for an on-lot sewage system according to Township and PAlDlEP requirements.

5. When adjacent to residential uses, screen plantings and buffer yards must be provided in accordance with Township requirements.

45

6 . All commercial property must have frontage on public roads. property will be the total acreage of that parcel.

Any commercial

Section 704 - Screen Planting

Screen Planting: Where adjacent to land zoned for residential use or used for residential purposes, screen planting is required to screen the commercial use and storage of material from normal view. Screening may be accomplished by the placement of a solid fence high enough to provide screening, and/or the provision and maintenance of solid planting in the form of contiguous evergreen shrubs. Evergreen trees or shrubs shall be at least four (4) feet in height at the time of planting and setback at least ten (10) feet from any property line. Such planting will be of a variety that will attain a height of eight (8) feet.

Section 705 - Off-street Parking Regulations

See Article XIII.


See Article XII.

Section 707 - Performaiice Standards

See Article X, Section 1002.

46

I I I I I I I I I I I I I I 1 I I I 1

Public Water and Public Sewer

Front Rear Side Minimum

Public Water or No Public Water or Pubic Sewer Public Sewer Minimum Minimum

1. Retail Stores 2. Personal Services 3. Professional Offices 4. Mortuaries and

Undertaking Establishments

5. Drive-In Establishments

Yard I Yard I Yard Use # C - Commercial Minimum

Restaurants , I 6

Lot Size I Street Frontage Lot Size I Street Frontage Lot Size I Street Frontage

Facilities 8. Membership Clubs and

Motels, Hotels and

stations 11. Automobile/Trailer Sales

r ( F a r m Equipment Sales and service

13. Single-Family Detached

Single-Family Semi- Detached Dwellings

PERMITTED USES

35 ft. 35 ft. 10 ft. See Section 703 35 ft. 35 ft. 10 ft. See Section 703

35 ft. 35 ft. loft. 7,500 60 ft. 15,000 75 ft. 1 ac. 150 ft. sq. ft. sq. ft.

unit unit unit

35 35 10 4,000/ 30 ft./dwelling 8,000/ 60/dwelling unit 1 ac./ 150 ft./dwelling (l/unit) dwelling unit dwelling dwelling unit

47

Public Water and Public Water or . Public Sewer Pubic Sewer

Minimum Minimum

I 16. I

I Accessory Uses to the


Minimum

I Above Uses

Use # 15.

II C - Commercial

Child Day Care Centers

Front 1 Rear 1 !Fd Yard Yard

Minimum Lot Size 15,000

Street Frontage Lot Size Street Frontage Lot Sue Street Frontage 100 ft. 20,000 125 ft. 30,000 150 ft.

!. 17. Appropriate Public Uses 35 ft. 35 ft. 10 ft. See Section 703 18. Apartment Dwellings 35 ft. 35 ft. 10 ft. 4,000 30 ft./dwelling 8,000 60 ti./ Not Permitted

sq. ft.1 unit sq. ft./ dwelling unit dwelling dwelling

unit unit

48

-

I I I I I I I I I I I I 1 I I 1 I 1 I

. . .. . . .. . .. . . - . . . . . . _ . _ _ .

ARTICLE VIII

I - INDUSTRIAL DISTRICT


The purpose of the I - Industrial District is to provide for the orderly development of limited industrial activity to stimulate employment generating land use types in the Township. It is further intended that industrial operations will be compatible with surrounding residential or farm areas.

..f’ ,


The chart on the following page refers to the uses permitted in an Industrial District. um mu e&kull k3rb!dn lkl@ caD- m k3pmhll (E!.m%*m. w m appmvd off u I ! J l @ z h n h l l g r n ~ M



1. The minimum landscaped area shall not be less than thirty percent (30%) of the total lot area.

Section 804 - Screen Planting

Where adjacent to land zoned or used for residential purposes, screen planting is required to screen the industrial use and storage of material from normal view. Screening may be accomplished by the placement of a solid fence and/or berm high enough to provide screening, and/or the provision and maintenance of a solid planting in the form of contiguous evergreen shrubs. Evergreen trees or shrubs shall be at least four (4) feet in height at the time of planting and setback at least ten (10) feet from any property. Such planting will be of a variety that will attain a height sufficient to visually block the industrial facility from view at ground level.

-.

Section 805 - Off-street Parking Regulations

See Article XIII.

49


See Article XII.

Section 807 - Performance Standards

See Article X, Section 1002.

.. Y’: , .

50

1 I I I I I i I 1 I I I I I I I I I I

Public Water or Public Water and Public Sewer Pubic Sewer

Front Rear Side Minimum Minimum Yard Yard Yard

Use # I - Industrial Minimum Lot Size I Street Frontage Lot Sue I Street Frontage


Minimum

Lot Size I Street Frontage

1. Light Manufacturing 50 100 50 1 ac. 150 ft. 5 ac. 200 ft. 10 ac. 2. General Manufacturing 50 100 50 1 ac. 150 ft. 5 ac. 200 ft. 10 ac. 3. Public Parks and 50 100 50 1 ac. 150 ft. 5 ac. 200 ft. 10 ac.

4. Contractors Offices 50 100 50 1 ac. 150 ft. 1 ac. 150 ft. 1 ac. 5 . Public Utility Service 50 100 50 1 ac. 150 ft. 5 ac. 200 ft. 10 ac.

6. Wholesaling, Storing & 50 100 50 1 ac. 150 ft. 5 ac. 200 ft. 10 ac.

7. Bus & Truck Terminals, 50 100 50 1 ac. 150 ft. 5 ac. 10 ac. 200 ft .

8. Business & Professional 50 100 50 1 ac. 150ft. 5 ac. 200 ft. 10 ac.

Playgrounds

Structure

Warehousing

Motor Freight Depots

51

300 ft . 300 ft. 300 ft.

150 ft. 300 ft.

300 ft.

300 ft.

300 ft. Offices

9. Newspaper & Printing 50 100 50 1 ac. 150 ft. 5 ac. 200 ft. 10 ac. 300 ft.

10. Automobile Service 35 40 15 20,000 125 ft. 30,000 150 ft. 1 ac.

11. Junkyards 100 200 200 20 ac. 400 ft. 20 ac. 400 ft. 20 ac. 12. Child Care Centers 35 40 15 20,000 125 ti. 30,000 150 ft. 1 ac.

100 200 200 20 ac. 400 ft. 20 ac. 400 ft. 20 ac. 13. Natural Resource

stations sq ft. sq. ft.

sq ft. sq. ft.

150 ft.

400 ft. 150 ft.

400 ft. Extraction

14. Adult Regulated Facility 15. Sanitary Landfill

50 100 50 1 ac. 150 ft. 3 ac. 175 ft. 5 ac. 100 200 200 20ac. 400 ft. 20 ac. 400 ft. 20 ac. 50 100 50 1 ac. 150 ft. 5 ac. 200 ft. 10 ac.

150 ft. 400 ft . 300 ft. 16. Appropriate Public Uses

ARTICLE IX

FP - FLOODPLAIN DISTRICT


1. Purposes

The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: . /'

A. regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.

B. restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.

C. requiring all those uses, activities, and developments that do occur in flood- prone areas to be protected and/or floodproofed against flood damage.

D. protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

2. Applicability

These provisions shall apply to all lands within the jurisdiction of Fayette Township and shown on the Official Zoning Map as being located within the boundaries of any floodplain district.

3. Compliance

No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance.

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I I I I I I

I I

4. Warning and Disclaimer of Liability

The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Large tloods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.

This ordinance does not imply that areas outside the floodplain districts will be free from flooding or flood damages.

This Ordinance shall not create liability on the part of Fayette Township or any officer or employee thereof for any flood damages that result from reliance on this ordinance or &fy ,administrative decision lawfully made thereunder.

Section 901 - Establishment of Zoning District

1. Description of District

A. Basis of District

The Floodplain District (FP) is defined and established as those areas of the Township subject to flooding as detined in subsection (1) hereof. The most extensive of these areas described in the following sources shall determine the outermost boundary of the FP District:

1. Those areas subject to inundation by the waters of the 100 year tlood as delineated in the Flood Insurance Study for the Township as prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration.

a. “Floodway” means that portion of the FP District required to carry and discharge the waters of the 100 year tlood without increasing the water surface elevation at any point more than one foot above existing conditions, as demonstrated in the Flood Insurance Study referenced above. “Floodway fringe” means those portions of land within the FP District subject to inundations by the 100 year flood, lying beyond the floodway in areas where detailed study and profiles are available. “Approximated floodplain” means those portions of land within the FP District subject to inundation by the 100 year flood where a detailed study has not been performed, but where a 100 year floodplain boundary has been approximated. Where the specific

b.

C.

53

100 year flood elevation cannot be determined for this area using other sources of data such as the U.S. 'Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, development, and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.

B. Overlay Concept

1. The Floodplain District described above shall be overlays to the existing underlying districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain district shall serve as a supplement to the underlying district provisions.

2. Where there happens to be any conflict between the provisions or requirements of the Floodplain District and those of any underlying district the more restrictive provisions and/or those pertaining to the floodplain district shall apply.

3. In the event any provision concerning a Floodplain District is declared in applicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.

2. Zoning Map

The boundaries of the Floodplain Districts are established as shown on the Flood Boundary and Floodway Map, Panels 1 through 6, dated December 1, 1981, prepared by Erdman, Anthony Associates, Inc. for the Federal Insurance Administration. The said map is hereby incorporated into and made a part of the Official Zoning Map of Fayette Township as amended. A copy of said map shall be kept on file at the offices of the Township and be available for inspection at any time.

I I I I .1 I I I I I I I I I I I I

54

.-. . . . . . . . . . -

I I

3. District Boundary Changes

The delineation of any of the floodplain districts may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, the Susquehanna River Basin Commission or other qualified agency or individual documents the advisability for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).

4. Interpretation of District Boundaries

Initial interpretations of the boundaries of the Floodplain District shall be made by the Zoning Officer. Should a dispute arise concernrng the boundary of the District, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and submit his own technical evidence if he so desires.

Section 902 - District Provisions

All uses, activities, and development occurring within any floodplain district shall be undertaken, only, in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances such as the Township Building Permit Ordinance and the Township Subdivision and Land Development Ordinance.

Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any stream, watercourse, etc. within the municipality, a permit shall be obtained from the Pennsylvania Department of Environmental Resources, Bureau of Dams and Waterways Management. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Pennsylvania Department of Community Affairs.

55

1. Floodplain District (FP)

A. Floodway

The following uses and no others shall be permitted in a Floodplain District. No development shall be permitted in the Floodway except where the effect of such development on tlood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or State authorities as required above.

1. Permitted Uses

The following uses and activities are permitted in the Floodway provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment:

a. Agriculture, e c h b g 4x3mmmer6id h!stc~& OB m m E i d produce O ~ ~ C D X I S , and farm uses such as general farming, pasture, grazing, outdoor plant, nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

b. Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, tish hatcheries, trap and skeet game ranges, and hunting and fishing areas.

c. Accessory residential uses such as yard areas, gardens, play areas, and previous parking areas.

d. Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.

2. Uses Permitted by & n & ~ o d Use

The following uses and activities may be permitted by & d U b m d Use provided that they are in compliance with the provisions of the underlying district and are not prohibited by other ordinance:

a. Structures, except for mobilehomes, accessory to the uses and activities in Section 1 above.

56


I - ........_ . . I .

1 I I I

I I I I

b. Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar related uses.

C. Water-related uses and activities such as marinas, docks, wharves, piers, etc.

d. Extraction of sand, gravel and other materials.

e. Temporary uses such as circuses, carnivals, and similar activities.

f. Storage of materials and equipment provided that they are not . /- ,

buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.

g. Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural developments, shall be undertaken in strict compliance with the tloodproofing provisions contained in all other applicable codes and ordinances.

B. Floodwav-Frinee

The development and/or use of land shall be permitted in the Floodway-Fringe in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodprooting and related provisions contained in all other applicable codes and ordinances.

I I

Section 903 - C m m d Urn, Considered

kmp6a~m and Variances - Factors to be

In passing upon applications for Canndi~od Uses by the lBoard of S u p ~ m n d in case of fpesh! exsqtkm~s and varkmses, tbe %mhg H h g lBoad shall consider all relevant factors and procedures specified in other sections of the Zoning Ordinance and:,

I I

57

.. . . .

1.

2.

3.

4.

5 .

6 .

7.

8.

9.

10.

11.

12.

The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exceptions or variance shall be granted in the floodway for any proposed use, development, or activity that will cause any increase in flood levels during the one hundred (100) year flood.

The danger that materials may be swept on to other lands or downstream to the injury of others.

The proposed water sup’ply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

The susceptibility of the’proposed facility and its contents of flood damage and the effect of such damage on the individual owners.

The importance of the services provided by the proposed facility to the community.

The requirements of the facility for a waterfront location.

The availability of alternative locations not subject to flooding for the proposed use.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.

The safety of access to the property in times of flood of ordinary and emergency vehicles.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

Such other factors which are relevant to the purposes of this ordinance. L ,

The h a d of Sujj~viwrs or the Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception, con&thmd we or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.

58


I 1 I I I I I I , I ~I I I

I 1 1 I ~I I 1 I

Cumdhd Wses shall be issued after the IEbd ~f Supedmrs has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense, (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

data d.MDve. vi3lrhnces OH p i d eX6qpiom by the a- w m k a d S R d CdDmider the same

Section 904 - Existing Structures in Floodplain District

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions:

1. Existing structures and/or uses located in any floodway shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement of flood heights is fully offset by accompanying improvements.

2. Any modification, alteration, repair, reconstruction, or improvements of any kind to a structure and/or use located in the floodplain district to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or floodproofed to the greatest extent possible regardless of its location in the floodplain district.

3. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use regardless of its location in the floodplain district to an extent or mount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with the provisions of this and any other applicable ordinance.

4. Uses or adjuncts thereof which are, or become, nuisances shall not be permitted to continue.

59

ARTICLE X

SUPPLEMENTAL REGULATIONS

Section 1001 - Performance Standards for (Gkxmzd Agricultural Uses, m & ~ c m d m a d - a m

All agricultural uses shall be in conformance with r+mmU§ of Juniata County and fie h W § Ob &le $@Ilk O f kElJD§JdV&& 3i§ af3IRdd.

Every applicant installing, erecting or constructing an animal waste storage facility and the owner of the land where the animal waste storage facility is placed shall be resp6nsible for satisfying the requirements of the following regulations:

1. Animal waste storage facilities shall be designed in compliance with engineering standards and specifications comparable to SCS Technical Manuals, copies of which are available at the Juniata County Conservation District Office, and the BwQM h b . NQ. 43, MUGUlW63 fOr ~hfDEEl l6U&d P~ObCC~OID., Zild

HWiSiOrn &er&, a§ pub1iW by the PA DW.

A permit will be issued to the applicant upon approval by the design for the animal waste storage facility and an adequate nutrient management plan. A copy of the permit shall be provided to the Township.

3. Construction and subsequent operation of the animal waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation must be approved by the Nutrient Management Technician and the Township must be notified in writing.

5. Animal waste storage facilities for new operations shall not be located closer than five h&d (500) feet f i ~ m my residentially mmd pr~aggr h e mal one hundred and fifty (150’) feet from my ~ther property lines, street right-of-way lines, and streams. New storage facilities on existing operations shall be subject to review by the Nutrient Management Technician. Livestock and poultry operations existing on the effective date of this ordinance shall be subject to the provisions of this ordinance, state JIaws and the Juniata County re@~ememb if the following circumstances apply:

60

I I I I 1 I I I I I i I I I I I I I I

I 1 II I I 1 I 1 I 1 I I I I I --I I i I

A.

B.

That the storage, handling or disposal of manure of the application of fertilizer by the operation is in violation of applicable standards that are contained in the most recent text and technical supplements to the Commonwealth of Pennsylvania Department of Environmental Resources publication “Manure Management for Environmental Protection” and the Department of Environmental Resources Regulations; and

that such violation is causing or is substantially threatening to cause pollution to ground or surface waters.

Section 1002,,- Performance Standards for Industrial and Natural Resource Uses

Industrial and Natural Resource uses shall be subject to the following regulations, where applicable:

1.

2.

3.

4.

5.

6 .

7.

Noise Pollution and Vibration: Department of Environmental Resources.

Air Pollution, Airborne Emissions and Odor: “Rules and Regulations” of the Pennsylvania Department of Environmental Resources.

Water Pollution: Pennsylvania Act 394, P.L. 1987, the Clean Streams Act, as amended, 1970.

“Rules and Regulations” of the Pennsylvania

Mine Reclamation and Open Pit Setback: Pennsylvania Act 147, the “Surface Mining Conservation and Reclamation Act” of 1971, as amended.

Glare and Heat: “Rules and Regulations” of the Pennsylvania Department of Environmental Resources.

No use or operation shall be permitted which creates a public nuisance or hazard to adjoining property by reason of fire, explosion, radiation or other similar cause.

Outside Industrial Storage: No outside industrial storage including junk yards shall be located on land with a slope in excess of five (5) percent or within one hundred (100) feet of a public right-of-way.

61

... . ...\

Section 1003 - Building Height

1. Height regulations shall not apply to spires, belfries, cupolas, or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, radio and television antenna, silos, and ornamental or necessary mechanical appurtenances. Any structure designed to have a height of one hundred and fifty (150) feet or more above ground level must be approved by the Federal Aviation Agency and a written statement of approval must accompany the Permit Application.

2. No dwelling shall be less than one (1) story in height, except, during a reasonable period of construction not to exceed a twenty-four (24) month period from the date of issuance of the Zoning Permit. This time period may be extended by the h x d QIF Supemimrs.

I I

Section 1004 - Landscaping

Any part of portion of the site which is not used for buildings, other structures, loading or parking spaces and aisle, sidewalks and designated storage areas shall be provided with an all-season ground cover and shall be landscaped with small trees and shrubs in accordance with an overall landscape plan. To facilitate the processing of plot plans, a plant schedule should be prepared giving the botanical and common names of the plants to be used, the sizes to be planted, and quantity and spacing of each.

Section 1005 - Screening

1. All outdoor storage parking and/or loading areas of industrial and commercial uses shall be screened from view from any residential or commercial development or public right-of-way by a landscape screen or other visual barrier with platings. The screening shall be placed immediately surrounding the area between any industrial parcel and a contiguous residential, or commercial zoning district and/or a public right-of-way.

I 1 i

-I I

2. The landscape screen shall be composed of evergreen plants and trees arranged to form both a low level and a high level screen. The high level screen shall consist of evergreen trees planted at an initial height of not less than four (4) feet, with specimens no younger than three (3) years in age, and planted at intervals of not more than ten (10) feet. The low level screen planting shall be - placed in an alternating or staggered pattern to produce a more effective visual barrier.

62

I I I I

3. An alternative visual barrier shall be a six (6) feet high opaque fence or wall with planting of trees, shrubs, and/or vines along the surface of the barrier facing any residential or commercial district or public right-of-way.

4. All outdoor industrial use operations, mechanical equipment and other functional accessories of each building, such as elevator, penthouse, ventilation pipes and ducts, water pressure tanks;’ heating, air conditioning and power supply units shall have an architectural building material screen or covering which is an integral part of the building envelope and/or which is harmonious with the building design.

. i’ , Section 1006 - Swimming Pools

1. Private Swimming Pools: Private swimming pools, in Districts where permitted, shall comply with the following conditions and requirements:

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

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

c. It may not be located, including any walks, or paved areas or accessory structures adjacent thereto, closer than twenty (20) feet to any property line of the property on which located.

d. The swimming pool area or the entire property on which it is located shall be so walled or fenced or otherwise protected as to prevent uncontrolled access by children from the street or from adjacent properties. Said barrier shall not be less than four (4) feet in height and maintained in good condition.

2. Public Swimming Pools: Pubic swimming pools in Districts where permitted shall comply with the conditions set forth in:

a. “Public Bathing Law”, 1931, June 23, P.L. 899, and amendments thereto. ...

b. Chapter 4, Article 442, Rules and Regulations, Commonwealth of Pennsylvania, Department of Environmental Resources, adopted October 30, 1959, and amendments thereto.

63

I -

Section 1007 - Projections into Required Yard

-<- , .

The following projections into yards and courts shall be permitted:

1. Cornices, eaves, belt courses, sills or other similar architectural features, exterior stairway, fire escape or other required means of egress, rain lead or chimney may extend or project into a required yard not more than two (2) feet.

2. No patio or paved terrace shall be located within five (5) feet of any property line or between building setback line and the right-of-way line.

Section 1008 - Front Yard Exception

1. In any use district when fifty (50) percent or more of the block frontage containing a lot upon which a proposed building is to be located in already improved with buildings having front yards of less depth than that required for that particular use district, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage provided, however, that in no case shall such front yard have a depth less than twenty-five (25) feet.

2. In any use district when fifty (50) percent or more of the block frontage containing a lot upon which a proposed building is to be located is already improved with buildings that have observed a front yard greater in depth than that required for the particular use district, new buildings shall not be erected closer to the street than the average from yard so established by the existing buildings provided, however, that in no case shall the depth of such front yard be required to exceed such minimum depth by more than fifteen (15).

Section 1009 - Intersection Clearance

On a comer lot no fence, structure or planting higher than two (2) feet above the curb or street line shall be erected or within twenty-five (25) feet of the intersection of the street lot lines.

Section 1010 - Individual Mobilehomes

An enclosure-of compatible design and materials shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation t inhibit decay and deterioration of the structure.

64

m I I I I II I I I I I I I I I I I m

Foundation Requirements. The area of the mobilehome stand shall be improved to provide an adequate foundation for the placement of the mobilehome, thereby, securing the super structure against unlift, sliding, or rotation.

1. The mobilehome stand shall not heave, shift, or settle unevenly under the weight of the mobilehome due to frost action, inadequate drainage, vibration or other forces acting on the super structure.

2. The mobilehome stand shall be provided with anchors and tie-downs such as cast-in-place concrete, “deadmen” eyelets imbedded in arrowhead anchors, or other services securing the stability of the mobilehome.

3. Anchors and tie-downs shall be placed at least at each corner of the mobilehome stand and each shall be able to sustain a minimum tensile strength of 2,080 pounds.

f’ , .

65

BOBB.4

1018.6

I

8011.8

to:

I.

2.

3.

4.

5.

-~ ..

66


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I I I 1 I I I I 1 I I 1 I

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; I I I I I

67

~ .̂ .. . . . -, .. . . ...

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I '

69

0

0

0

0

I I I I I I I

. .. . .

I 1 1 I 1 I I I I I I 1 I 1 I I I I I

1082.14

nw. n5

1082.66

1082.17

1012. n8

1012.22

71

ARTICLE XI

Section 1100 - Referral to Planning Commission

Where the Zoning Ordinance has stated ccmWod uses to be granted or denied by the ,Board pursuant to express standards and criteria, the Board shall hear and decide requests for such c o ~ ~ W . o d uses in accordance with such standards and criteria. A11 applications for a comlhbod uses may be referred to a Planning Commission and/or Township Engineer by the ba rd ~f Supmimrs with the direction that the Planning Commission and/or Township

’ Engineer shall make a study thereof and recommendation thereon the Board within thirty (30) days from the date of the receipt and said application by the Planning Commission and/or Township Engineer.

’. f‘

Where the Zoning Ordinance has stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, a Zonhg H&g Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. All applications for a special exception may be referred to the Planning Commission and/or Township Engineer by the Zoning Hearing Board with the direction that the Planning Commission and/or Township Engineer shall make a study thereof and recommendation thereon the Board within thirty (30) days from the date of the receipt and said application by the Planning Commission and/or Township Engineer.

Section 1101 - General Standards for C0-M Usas amdl & C @ * r n N d C @

The Board of Supewimrs, before granting a m n & ~ o d use for any use, must find that the use and the proposed operations and development in connection with the use, or the modification of the terms of this Ordinance, shall have been specifically authorized as a condbod use in the District within which such particular site is located. The Board shall make the following findings in writing, when relevant in a given case, either from the evidence presented at the hearing, or from a study and report prepared by the Planning Commission, if apphxhle the Township Engineer, or other competent technical consultants:

1. That the location of the use, including with respect to the existing or future streets, giving access to it, is in harmony with the orderly and appropriate development of the zone in which the use is to be located.

2. That the nature and intensity of the operations involved are in harmony with the orderly and appropriate development of the zone in which the use is to be located;

I 1 I I I 1 I I I I 4 I I I 1 1 I I I

72

- . . . . . . . . .

I I I I 1 I I 1 I 1 I 1 1 I I I 1 I 1

3. That the grant of the special exception shall not materially increase traffic congestion in the roads and highways, nor cause nor encourage commercial or industrial traffic to use residential streets;

Section 1102 - Additional Conditions

1. In granting a wridilkmd use, the Board ~f S w d m r s may attach such reasonable conditions and safeguards, in addition to those expressed in the Ordinance, considered necessary to implement the purposes of this Ordinance, including conditions which are more restrictive than those established for other uses in the same zone any may require, among others and where appropriate:

a.

b.

c. Suitable hours of operations.

d.

e.

f.

Suitable planting, fencing or screening;

Harmonious architectural or landscaping treatment;

Proper vehicular access and parking facilities;

Sidewalks, storm sewer and/or other public improvements;

Proper restrictions as to the use of outdoor flood or spot lighting, public address systems, and advertising displays;

g. And such other improvements and/or restrictions and/or conditions as the Board many deem appropriate.

2. For any use permitted by special exceptiodvwrkmce, a special exceptionhrakmx must be obtained from the Zoning Hearing Board. In addition to the information required on the building permit application, the special exception/varimce application must show:

a. Ground floor plans and elevations of proposed structures;

b. Names and addresses of adjoining owners.

73

3. Unless otherwise specified or extended by the Zoning Hearing Board b a r d of Supavimrs, a special exceptiodvarhse or cc~mdithmd use authorized by mch board expires is the applicant fails to obtain, where required to do so, a building permit within six (6) months of the date of the authorization of the special exception.

Section 1103 - Adult Regulated Facility . ,

I. 2. 3. 4. 5. 6. 7. .

8. 9. 10.

74

I 1 I I I I I I I I I I 1 I I I I I I

1 I I I I (I

I ' I I

1

I I D I I I I I I

~I

Section 1104 - Apartment Dwellings

Apartment dwelling are permitted as ~ ~ l & t k ~ d use in the R - Residential and C - Commercial Districts, subject to the requirements of the district where proposed as herein modified and provided:

1. Lot area - Seven thousand five hundred (7,500) square feet.

2. Height modification - Building greater than thirty-five (35) feet in height are permitted only if each of the setback requirements is increased by one (1) foot by which the height of the building exceeds thirty-five (35) feet.

3. Impervious area shall not exceed thirty (30) percent.

4. The maximum number of dwelling units per gross acre of land permitted is ten (10). A minimum of 4,000 square feet per dwelling unit will be provided.

75

5. Consideration shall be given to traffic problems. If the nature of the multi- family development is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated in the Township Comprehensive Plan.

Section 1105 - Appropriate Public Uses

1. Each lot shall provide front side and rear yard setbacks in accordance with the zone requirements where located. Sufficient space shall be provided so service vehicles can be parked outside of any public right-of-way.

2. All off-street parking shall be at least five ( 5 ) feet from adjoining property’ lines, unless written consent is obtained from adjoining property owners to move closer.

3. Outdoor storage of materials, vehicles and related equipment shall be prohibited in a residential zone. Outdoor storage in other zones shall be completely enclosed with a six (6) foot high fence and screened from adjoining streets and property lines.

4. Consideration shall be given to traftic problems. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic then access should be via and arterial or collector street as designated in the Township Comprehensive Plan.

5 . No equipment causing unreasonable noise, vibration, smoke, odor or other hazardous effect shall be installed in the residential zone.

The external design of a building shall be in conformity with the buildings in the surrounding area to the extend possible.

6.

Section 1106 - Automobile or Gasoline Service Stations and Garages

In districts where permitted, automobile service stations and garages shall be subject to the following additional safe-guards and regulations:

1. Minimum Setbacks from Street Right-of-way Lines;

a. Pumps: twenty-five feet (25’) b. Building: fifty feet (50’)

76

1 1 I I I I 1 i 1 I I I I I I I I I I

1 I I

I1

. __

2. Driveways shall be located as provided in this Ordinance.

3. Gasoline pumps and all service equipment shall be setback not less than thirty- five feet (35’) from any lot line and so located that vehicles stopped for service will not extend over the property line.

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4. Access drives:

a. . ,. Minimum offset from intersection of street right-of-way liens; forty feet (40’).

b. Side lot line offset: ten feet (10’) ‘. f : , .

c. Minimum width: twelve feet (12’)

d. Maximum width: thirty-five feet (35’)

e. Minimum separation of drives on same lot: twenty-five feet (25’)

5 . Motor vehicles shall not be permitted to be parked or to stand on sidewalk areas.

6. Curbing: Except along access drives, a concrete curb eight inches (8”) in height must be placed along all street right-of-way lines.

7. Signs: As permitted in Article 15.

8. Outdoor Display: All merchandise, except oii racks, shall be displayed within a building. Vending machines shall be maintained in a semi-enclosed structure or within the building.

9. Storage: No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is permitted. No materials may be stored so as to create a fire hazard.

10. Lighting: All lights must be diverted inward and downward.

Section 1107 - Bed and Breakfast Inns

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Criteria for the Establishment of a Bed and Breakfast County IM as a ChmWod Use subject to recommendation of the Township Planning Commission and approval of the bard of Swwriwr5.

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Short-term overnight lodging to be provided; monthly rentals are inappropriate and the maximum guest stays shall be limited to fourteen (14) days.

Maximum of five (5) quest rooms.

Breakfast served only to overnight lodgers and shall be the only meal provided.

Parking to be provided: a minimum of 1 off-street parking space per guestroom plus two (2) spaces for the owner, located in side or rear yard minimum of twenty (20) feet from the property lines.

The Inn must 'comply with local regulations regarding all application permits, including but not limited to Fire, Health, and Building Codes.

A business license must be obtained prior to opening.

The remainder of the dwelling is which a Bed and Breakfast facility is located shall be used solely by the family in permanent residence. Bed and Breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a Single-Family Dwelling.

Section 1108 - Child Care Centers

1. Child care centers shall be permitted in the I zone where such use is the primary use or accessory to a house of worship, public or parochial school, or the principle use of any permitted use in the I zone.

2. All child care centers shall meet all requirements for certification and/or registration by the State of Pennsylvania where required. Proof of such certification and any recertification shalI be provided to the Township.

3. At least one (1) off-street parking space for each person employed plus one (1) off-street space for each four (4) children to be served by the facility in addition to the off-street parking requirements for single-family detached homes shall be provided.

4. Whenever a child care center is located in an Industrial District in a building which is also used and occupied for industrial purposes, the Fire Department of

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the Township shall conduct semi-annual inspections to determine whether the industrial occupants of such building are storing or processing combustible or flammable materials in such quantities as to be considered hazardous to the health, safety or welfare of the occupants of the child care center. Should such materials in such quantities be found to exist, the Fire Department shall require the industrial occupant or occupants upon whose premises the condition exists to correct or abate the same within thirty (30) days. If, at the end of said 30-day period, upon a further inspection, the condition shall not have been corrected or abated, then the Fire Department shall require the child care center to cease and terminate its operations at such locations within thirty (30) days of the date of notice.

Sectioii 1109 - Child Care Homes

1. A child care home may be conducted in districts where permitted in a detached, semi-detached or attached single- or two-family dwelling as defined in this Ordinance.

2. A child care home shall meet all requirements for certification and/or Proof of such registration by the State of Pennsylvania where required.

certification and any recertification shall be provided to the Township.

3. At least one (1) off-street parking space for each person employed, plus one (1) off-street space for each four (4) children to be served by the facility in addition to the off-street parking requirements for single-family detached homes shall be provided.

Sectioii 1110 - Drive-In Theaters

A site plan shall be submitted with the application and any building permit issued shall A drive-in theater shall be subject to the be in accordance with the approved site plan.

following regulations:

1. The minimum lot area shall be fifteen (15) acres.

2. The screen shall be situated so that its face is not visible from any public right- of-way.

3. No structure excepting an enclosure fence shall be located within one hundred (100) feet of any lot line provided, however, that the screen shall be located not less than one hundred fifty (150) feet from any lot line.

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4. The site shall be enclosed by a protective screening or planting strip consisting of suitable evergreen plant material. Such planting strip shall be maintained at a minimum height of sever (7) feet and shall be setback at least thirty (30) feet from right-of-way line and ten (10) feet from other lot lines.

5. Sufficient car storage areas, deceleration lanes, sight distance and lighting shall be provided for the safe and expedient handling of traffic provided, however, that storage areas shall provide storage space for at least twenty-five (25) percent of theater capacity.

-. <’. . 6 . A playground and snack shop will be permitted as an accessory use. I .

Section 1111 - Forest Industries

1. Where the removal of trees or forest products is proposed, such activities shall incorporate best management practices in accordance with PADER and Juniata County Conservation District requirements. An approved erosion and sedimentation control plan shall developed, implemented, and maintained on-site by the Forest Industry, as required by Chapter 102 - Soil and Erosion Control Regulations. Failure to adequately control erosion and sedimentation on the site shall constitute nonconformance with the requirements of this ordinance.

2. When adjacent to residential uses adequate screen plantings and bufferyards shall be incorporated in accordance with Township .requirements.

3 . A reclamation plan for replacing forest products proposed to be removed shall be presented and implemented. Such plan will meet any PADER and/or Juniata County Conservation District requirements.

Section 1112 - Home Occupations

1. Home occupations may be authorized in a dwelling unit or accessory structure by COIIMMQX~ Use from the IBaud of Supwimrs.

2. Home occupations shall be limited to professional and non-professional uses as defined in this Ordinance. The IEhad ~f Supervkmrs shall determine whether a home occupation meets the requirements listed in this Ordinance.

3. No more than three (3) persons shall be employed to provide support or other assistance, unless a variance is granted by the Township.

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i 4. The character or external appearance of the dwelling unit or accessory structure

must be that a dwelling unit or accessory structure.

5 . A name plate not larger than two square feet in area is permitted. It may be illuminated by indirect lighting only.

6 . In addition to the required parking for the dwelling unit, additional parking is required as follows:

a. A minimum of two (2) additional spaces for the home occupation.

. i' b. The Ibard of Sqpxvizsasn may require additional parking if circumstances so warrant.

7. The allowable area used for a home occupation shall not exceed fifty percent (50%) of the total floor space of all floors.

Section 1113 - Junkyards

All junk yards existing at the effective date of this Ordinance, within one (1) year thereafter, and all junk yards, where permitted, shall comply with the following provisions;

I . Any junk yard shall be completely enclosed with a visual screen of evergreen or evergreen type hedge or tree-row of a variety and size at the time of planting that such will attain a height of eight (8) feet within five ( 5 ) years thereafter and maintained in a sound and attractive manner.

2. All junk shall be stored or arranged so as to permit access by fire fighting equipment and to prevent the accumulation of water, and with no junk piled to a height of more than eight (8) feet.

3. Open burning of material is permissible subject to the Title 25 Rules and Regulations of the Department of Environmental Resources. All burning shall be attended and controlled at all times.

4. Any junk yard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors.

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5 . No junk material, appurtenant structures, or other enclosure shall be stored or placed within fifty (50) feet of any adjoining property or public right-of-way and such setback area shall be kept free of weeds and scrub growth.

Any junk yard established as a C Q ~ ~ ~ C M X ~ use after the effective date of this Ordinance, shall comply with the following provisions:

1. No junk material, appurtenant structures, or other enclosure shall be stored or placed within fifty (50) feet of any adjoining property or public right-of-way and such setback area shall be kept free of weeds and scrubs growth unless the adjoining property is wooded.

2. The minimum junk yard size -shall be twenty (20) acres.

3. Junk yards shall be located a minimum of one-thousand (1,000) feet from a residential district.

Section 1114 - Meat Processing Facilities

1. All animals should be housed in an enclosed structure.

2. Any animal loading/unloading facilities that are not wholly enclosed shall be located within the rear yard.

3. The facility shall be designed and enclosed to prevent the escape of animals; all fences or enclosures shall be setback at least ten (10) feet from all property lines.

The facility shall meet all applicable federal, state and local guidelines for health and safety. Proof of such approvals should be provided to the Township before land development or subdivision approval.

4.

5 . Satisfactory evidence must be presented to indicate that adequate disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

Section 1115 - Mobilehome Parks

1. The minimum tract area shall be ten (10) acres.

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2. Public sewer and public water approved by the Pennsylvania Department of Environmental Resources must be utilized, and each lot must be not less than five-thousand (5,000) square feet in area and not less than fifty (50) feet wide at the building setback line.

3. Regardless of lot size, the side yard distances measured from outside each mobilehome to the lot line shall not be less than thirty (30) feet in total and no one side yard distance less than twelve (12) feet. Front yards shall not be less than twenty (20) feet and rear yards shall not be less than (10) feet and in no case, shall the distance between any two (2) mobilehomes be less than thirty (30) feet.

4. The Zoning Hearing Board QH kd of Supefimrs may require suitable screen planting, or may restrict the proximity of mobilehomes or other improvements to adjoining properties, or may attach such other conditions or safeguards to the use of land for a mobilehome park as the respectbe Boards may deem necessary to protect the general welfare.

5 . A mobilehome park and extension thereof shall also comply with all applicable State and/or municipal regulations now in effect or hereafter enacted.

Section 1116 - Natural Resources Extraction

1. Quarry Standards.

Quarrying of any kind or the processing of products thereof, and the excavation and sale of sand, gravel, clay, shale or other natural mineral deposits, is specifically prohibited in all Districts except the Industrial District, and may be authorized as a special exception in the Industrial District. In passing upon a C O R R & ~ ~ ~ use application for the above described uses and operation, the k a d of Sqelrvimrs must consider the following factors:

A. Location of quarrying pit, buildings, stock piles, waste piles, in relocation to other existing or planned uses in the area; mining or processing techniques employed including crushing, blasting, drilling, washing, and noise abatement, ground shock or movement.

B. Physical Factors:

(1) Soil-nature and characteristics, including possible erosion by water and wind.

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(2) Drainage.

(3) Prevailing wind.

C. Abutting land and streets-lateral support slopes and grades.

D. Rehabilitation Plan: The possible reuses of the site and provisions for the best possible reuse.

General development of the area, including land values, and such other factors as may bear upon or relate to the coordinated, adjusted, and harmonious physical development of the Township.

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2. Operation Requirements.

A. Machinery; Equipment; Operations.

All machinery, equipment and materials used in quarrying; all processing and manufacturing operations; and all hauling of quarrying products must be maintained, operated, or conducted in such a manner that in a residential zone:

(1) Flying objects and debris are not thrown;

(2) Noxious gases are not disseminated;

(3) There is no appreciable noise, vibration dust or mist.

B. Barriers.

(1) Fencing.

A six foot (6’) substantial fence or .other suitable barrier six feet (6’ ) high must surround the area of actual quarrying, unless such requirement is waived by special exception issued by the Zoning Hearing Board.

(2) Screens.

Where quarrying operations will impair the beauty and character of the surrounding countryside, trees or shrubs must be planted and/or attractive earth barriers erected, to screen the operation as far as practical from normal view. .

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C. Washing.

The washing of any earth material is permitted except:

(1) Where the quantity of water required will seriously affect the supply for residential uses in the area.

I (2) Where in the written opinion of the Pennsylvania Department of Environmental Resources, disposal of water will result in contamination, pollution or excessive silting.

<’. D. ’Setbacks from Residential Zones.

Where the lot or parcel of land which is the focus of quarrying operations is adjacent to a residential district:

(1) No stock piles, waste piles, processing or manufacturing equipment, may be closed than one-thousand feet (1,000’) to the residential district.

(2) No part of the quarrying pit, private access road, truck parking area, scales, or operational equipment, may be closer than five hundred feet (500’) to the residential district.

E. Street Setbacks.

From the right-of-way line of a public street or highway, no part of the quarrying pit, stock piles, waste piles, processing or manufacturing equipment, scales or operational equipment, may be closer than one hundred feet (100’).

F. Property Line Setbacks.

From a property line, except for those following:

(1) No part of the quarrying pit, stock piles, waste piles, processing or manufacturing equipment, scales or operational equipment, may be closer than two hundred feet (200’).

(2) No private access road, truck parking area, scales, or operation equipment, may be closer than one hundred feet (100’).

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Where a quarrying property abuts another quarrying property, an operating railroad’s right-of-way property, or a property in an agricultural district, no part of the quarrying operation except an access road mat be closer than fifty feet (50’).

3. Rehabilitation Requirements.

A. Within two (2) years after the termination of quarrying operations, the area of actual quarrying operations must be rehabilitated to a condition of reasonable physical attractiveness and restored.

B. Rehabilitation Standards: In rehabilitating the area of actual quarrying operations, the owner or operator must comply with the following standards:

(1) Slope: The slope of earth material in any excavated pit must not exceed the angle of slippage.

(2) Topsoil and Ground Cover: Where filing of pit is desirable, the fill must be of a kind and depth to sustain grass, plants or trees and such must be planted.

(3) Drainage: To prevent any silt, erosional debris, or other loose material from tiling any existing drainage, course, or encroachment on State or Township roads or private property, all surface drainage existing or developing by or through the topsoil site must be controlled by dikes, barriers, or drainage structures. All measures to control natural drainage or flood water must meet with the approval of the Board of Supervisors.

C. Reporting of Operational and Rehabilitation Information.

In order to keep the Zoning Officer abreast of impending termination of quarrying operations and plans for rehabilitation as well as operational activities which he has a duty to check, each quarry owner or operator must submit to the Zoning Officer, as requested, but not to exceed more than one report in a period of two (2) years, the information following:

(1) Operational Date:

(a) Ownership and acreage of the land which is the sites of quarrying operations, including all land held under contract or lease.

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(b) Type of earth resource quarried.

(c) Present depth of quarrying operations.

(2) Location map, at a scale of 1 inch = 100 feet, or such other scale acceptable to the Township, showing:

(a) All land owned, or under option, contract or lease.

(b) Lot or land quarried.

(c) As practical, contours at /’twenty feet (20’) intervals extending beyond the site to the nearest public street or highway.

(d) Private access roads and abutting streets and highways.

(e) Existing structures.

(t) Existing stockpiles and waste piles.

(g) Title, scale, north point, and date.

(h) Fencing and screen planting. If fencing is vegetation, give details of size and type.

(3) Rehabilitation Plan:

(a) The proposed reuse of the land to be quarried.

(b) Plantings or other planned special features of rehabilitation.

(c) The proposed methods by which rehabilitation is to be accomplished.

(d) Proposed termination date. .- ..

Section 1117 - PublicPrivate Parks and Recreation Areas

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1. Consideration shall be given to traffic problems. If the nature of the park or open space area is such that it will generate a high volume of vehicular traffic then access should be via an arterial or collector street as designated in the Township’s Comprehensive Plan.

2. The Board apf Supavimrs: shall decide the appropriateness of the design of parking, lighting, and similar features of the proposed use to minimize adverse impacts on adjacent properties.

3. Existing trees and vegetation shall be preserved, to the extent possible, to keep the area natural.

4. Where an outdoor recreational use, other than a golf course, adjoins a residential use, trees or shrubs must be planted on the site of this use so as to form an effective visual barrier between the outdoor recreational use and adjoining residential properties.

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5. Depending upon the special nature of the proposed use, additional screening or buffering may be required to protect adjoining properties.

Section 1118 - Recreational VehicIe Park or Campground

1. All campsites shall be located at least fifty (50) feet from any proposed line.

2. No more than ten (10) campsites shall be permitted per acre. A parking space for one (1) automobile shall be provided at each site which will not interfere with the convenient and safe movement of traffic, plus an equivalent amount of parking shall be provided in a common area or lot.

3. Adequate provisions for water supply and wastewater management must be made in accordance with local and state requirements.

Section 1119 - Resort Hotels, Motels and Areas

1 . Consideration shall be given to traffic problems. If the nature of the park or open space area is such that it will generate a high volume of vehicular traffic then access should be via an arteria1 or collector street as designated in the Towns hip ’ s Comprehensive Plan.

2. Off-street parking and loading spaces for all facilities shall be provided in accordance with the requirements of this ordinance.

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3. Special consideration shall be given to maintaining the rural character of the area. Architectural design, landscaping, grading and other site characteristics shall be designed to blend into the natural environmental of the Township.

Section 1120 - Roadside Stands

Temporary roadside stands may be erected for the sale of garden products and garden commodities produced on the same property where offered for sale, provided; no building or structure other than a portable stand shall be constructed for such sale; such stand shall be removed during seasons when such products are not being offered for sale, and in no case shall they remain longer than for a period of six (6) months of any one (1) year; and such stand shall not be placed closer than twenty-five (25) feet to any lot line.

Section 1121 - Solid Waste Processing and Disposal Facilities

Facilities for disposal of municipal or residual solid waste permitted by Chn&bod Use in an Industrial District shall, in addition to all of the requirements of this Ordinance, be subject to the following:

1.

2.

3.

4.

Such municipal or residual solid waste disposal facility, whether a landfill, incinerator, or resource recovery or any other system, shall be owned and operated only by a political subdivision of the Commonwealth of Pennsylvania.

Such facility shall provide for the disposal only of municipal or residual solid waste as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988, and 25 PA Code Chapters 271, 273, 275, 277, 279, 281, and 283 and 285 as amended, supplemented or revised.

If a landtill, no solid waste shall be deposited, either temporarily or permanently, within three hundred (300) feet of the property line of any adjoining property, or within three hundred (300) feet of the right-of-way line of any public highway. If an incinerator, resource recovery or other such facility, no storage or disposal structure shall be located within three hundred (300) feet of such property line or any public highway.

If a landfill, no solid waste shall be deposited either temporarily or permanently, within five hundred (500) feet of any dwelling, church, school or any other building used for human occupancy, at any time or from time to time. If an incinerator, resource recovery or other such facility, no storage or disposal structure shall be located within five hundred (500) feet of such structures.

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5 . Direct access to the sites shall be available from a highway having a functional classification of Arterial or greater capacity as set forth in the Township Comprehensive Plan as updated from time to time.

6. If a landfill, during such time as any excavation shall be open and used for the disposal of solid waste, the site of the excavation shall be enclosed with a chain link fence or other structure adequate to contain wind blown litter and to secure the site against intrusion by unauthorized personnel.

7. If an incinerator, resource recovery or other such facility, all storage of solid waste awaiting disposal shall be within a fully enclosed building and no outside storage shall be permitted at ariy’time.

8. The development plan for the site shall address and comply with all requirements of the Township Subdivision and Land Development Ordinance to the extent that the same shall not conflict or be inconsistent with or have been preempted by the Solid Waste Management Act and the regulations of the Department of Environmental Resources adopted pursuant thereto.

9. No use and occupancy permit shall be issued for a solid waste disposal facility until the operator shall be have submitted to the Zoning Officer proof that the facility complies with the regulations of the Department of Environmental Resources and has been permitted in writing by said Agency.

10. Landscaping and bufferyards meeting the requirements of this Ordinance and the Subdivision and Land Development Ordinance as a minimum shall be provided around the property.

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ARTICLE XII

SIGNS

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Section 1201 - Erection and Maintenance of Signs

Signs may be erected and maintained only when in compliance with the provisions of this Article and any and all other ordinance and regulations relating to the erection, alteration, or maintenance of signs and similar devices.

Section 1202 - Signs Permitted in Residential Districts

A. Signs advertising the sale of rental of the premises upon which they are erected, when erected by the owner or broker or any other person interested in the sale or rental of such premises, may be erected and maintained, provided: (1) the size of any such sign is not in excess of thirty-two (32) square feet: and (2) not more than two signs are placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.

B. Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises and having inscribed thereon the name of the owner, developer, builder or agent may be erected and maintained, provided: (1) the size of any such sign is not in excess of six (6) square feet, and no in excessive of four (4) feet in length: and (2) not more than one such sign is erected on each five hundred (500) feet of street frontage.

C. Signs bearing the word “sold” or the word “rented” with the name of the persons effecting the sale or rental. may be erected and maintained provided the conditions in subsection 1202.a hereof are complied with.

D. Signs of mechanics, painters, and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided: (1) the size thereof is not in excess of twelve (12) square feet; and (2) such signs are removed promptly upon completion of the work.

E. Trespassing signs, or signs indicating the private nature of a driveway or property provided that the size of any signs shall not exceed two (2) square feet.

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Signs of schools, colleges, churches, hospitals, sanitariums, or other institutions of a similar nature may be erected and maintained provided: (1) the size of any such sign is not in excess of forty (40) square feet: and (2) not more than two signs are placed on a property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.

Signs advertising home occupations shall not be larger than twelve (12) inches by twenty-four (24) inches, and may include the name, occupation, and logotype or trade mark, if appropriate, of the practitioner. Such signs shall not be illuminated, with the exception of medical offices during the hours, such offices are open of the care of patients.

Signs advertising the sale of farm products when permitted by this Ordinance, provided (1) the size of any such signs is not in excess of 32 square feet, (2) not more than two signs are used, and (3) the signs shall be displayed only when such products are on sale.

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Official traffic and street name signs when erected by, or with the written approval of, the Township Supervisors.

Signs necessary for the identification, operation or protection of public utility facilities and municipal uses; however, all General Regulations, Section 705, shall apply to such signs.

Section 1203 - Panel Type Signs (Billboards)

Signs which advertise products or services other than those which are sold on the premises where the sign is located are permitted in commercial and industrial districts, subject to the following conditions, as well as other applicable requirements.

A. No billboards or advertising sign board shall exceed five hundred (500) square feet in area.

Section 1204 - Business Identification Signs

Signs bearing the name of the occupant and products manufactured, processed, sold or displayed may be erected and maintained on the premises in commercial and industrial districts. The size of business identification signs shall not exceed seventy-five (75) square feet in area; however, all General Regulations, Section 1205, shall apply to such signs.

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Section 1205 - General Regulations for All Signs

The following regulations shall apply to all permitted signs uses.

1. Signs must be constructed of durable material, maintained in good condition, and not allowed to become dilapidated.

2. No sign shall be placed in such a position that is will cause danger to traffic on a street by, obscuring the view.

3. No sign, other than an official traffic sign, shall be erected within the right-of- way lines of any street, unless authorized by the Municipal Governing Board for a spi&al purpose.

4. No sign shall project over a public sidewalk area more than eighteen (18) inches.

5 . Clearance beneath overhead signs shall be at least nine (9) feet, measured from the ground or pavement to the bottom-most part of the sign.

6. No portion of a sign shall be positioned in a manner that exceeds the height of the primary structure on the property on which it is located.

7 . No permit shall be required for the erection, alteration, or maintenance of any signs as permitted in Section 1202, Signs in Residential Districts.

8. Advertising painted upon, or displayed upon, a barn or other building or structure shall be regarded as an advertising sign board and the regulations pertaining thereto shall apply.

9. Each sign shall be removed when the circumstances leading to its erection no longer apply.

10. No animated, sequential, flashing or oscillating signs shall be permitted in any district. Any sign by reason of its intensity, color, location, or movement that may interfere with traffic lights, signals or other controls, or abrogate public safety shall not be permitted in any district.

11. Open flames used to attract public attention to a place of business or to an advertising sign shall not be permitted.

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ARTICLE XIII

OFF-STREET PARKING, LOADING AND UNLOADING

Section 1301 - General Regulations

Off-street parking, loading, and unloading facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available throughout the hours of operations of the particular business or use for which such facilities are provided. As used herein, the term “parking space” includes either covered garage space or uncovered parking lot space located off the public right-of-way.

Each parking space shall consist of not less than an average of two hundred seventy (270) square feet of useable area for each motor vehicle, including interior driveways, driveways connecting the garage, or parking space, with a street or alley. No withstanding the above, all parking spaces shall be ample in size of alley. Not withstanding the above, all parking spaces shall be ample in size for the vehicles for which use is intended. The net parking space per vehicle shall be not less than ten (10) feet wide and twenty (20) feet long. Outdoor parking space, and the approaches thereto, shall be paved, or stabilized with a suitable material. Such outdoor parking spaces shall not be used to satisfy any open space requirements of the lot on which it is located.

A garage or carport may be located wholly or partly inside the walls of the principal building, or attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements. The garage may be constructed under a yard or court. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located.

Parking spaces may be located on a lot other than that containing the principal use with the approval of the B Q ~ sf S u p x v k ~ a s provided a written agreement approved by the municipal solicitor and accepted by the Board of Supervisors, shall be filed with the application for a zoning permit.

Surfacing: Any off-street parking area shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as a gravel, concrete or bituminous concrete surface, and shall be so arranged as to provide for orderly and safe parking storage of vehicles.

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(6) Lighting: Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public right- of-way.

(7) There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Where a parking or loading area does not abut on a public right-of-way or private alley or easement of access, there shall be provided an access drive per lane of traffic not less than twelve (12) feet in width suitably graded and surfaced not less than eighteen (18) feet in width in all cases where the access is to storage areas or loading an unloading spaces required hereunder.

For other uses which do not tit into one of the categories listed in Section 802, determination of the appropriate parking space requirement shall be made by the Zoning Officer.

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(8)

(9) Off-street parking and loading space as required in this section shall be provided for all new buildings and structures and for additions to existing buildings or structures. The word “addition” as used above shall include any alternations intended to enlarge or increase capacity by adding or creating dwelling units, tloor area or seats.

(10) Existing off-street parking or loading facilities provided at the effective date of this Ordinance and actually being used at the time in connection with the operation of an existing use, shall not be reduced below the minimum required in this Ordinance.

(11) Whenever the existing use of a building, structure or land shall hereafter be changed to a new use, parking and loading facilities shall be provided as required for such a new use. However, if the said building or structure was erected or the use of land established prior to the effective date of this Ordinance, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use.

(12) In the case of mixed uses, the total number of required parking or loading spaces shall be the sum of the required spaces for the various uses computed separately. ~

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Section 1302 - Parking Facilities Required

Off-street parking facilities shall be provided as follows:

(1) Residential Parking Requirements

A. Schedule

Uses - Single-family detached dwellings

Single-family semi-detached dwellings

Two-family detached dwellings

Two-family semi-detached dwellings

Townhouse dwellings

Garden apartment dwellings

Mid-rise apartment dwellings

Low-rise apartment dwellings

Residential conversion units

Boarding, rooming or tourist houses

One Parking Space for Each

115 dwelling unit

95 dwelling unit

1h dwelling unit

115 dwelling unit

1h dwelling unit

2/3 dwelling unit

2/3 dwelling unit

2/3 dwelling unit

'I5 dwelling unit

Guest room

(2) Commercial

A. Schedule

Uses One Parking Space for Each

Places of public or private assembly including theaters, auditoriums, churches, schools, stadiums

3 seats provided for public or private assembly

Retail stores and other places for trade or business

200 square feet of floor area for public use

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Section 1302 - Parking Facilities Required

Off-street parking facilities shall be provided as follows:

(1) Residential Parking Requirements

A. Schedule

Uses

Single-family detached dwellings

Single-family semi-detached dwellings

Two-family detached dwellings

Two-family semi-detached dwellings

Townhouse dwellings

Garden apartment dwellings

Mid-rise apartment dwellings

Low-rise apartment dwellings

Residential conversion units

Boarding, rooming or tourist houses

(2) Commercial

A. Schedule

Uses - Places of public or private assembly including theaters, auditoriums, churches, schools, stadiums

Retail stores and other places for trade or business

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1h dwelling unit

1h dwelling unit

?h dwelling unit

Vi dwelling unit

?h dwelling unit

2/3 dwelling unit

2/3 dwelling unit

2/3 dwelling unit

‘/z dwelling unit

Guest room


3 seats provided for public or private assembly


Food markets and grocery stores

Restaurants, tearooms, cafeterias, taverns, night clubs

Bowling alleys

Office building -<: ,

Vehicles service stations

Hospital and sanitariums

Drive-in restaurants, drive-in dairies or other similar establishments

Private clubs and lodges

Public swimming pools

Golf driving range

Miniature gold

Coin laundries

..

Hotels and motels

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3 seats or 3 person based on design capacity

?4 alleys (4 spaces per alley) plus 1 for each employee

200 square feet of floor area plus 1 employee

200 square feet of floor area devoted to repair or service facilities plus 1 for each employee

3 beds, plus each employee on the largest shift

50 square feet of building

100 square feet of floor area available to patrons

4 persons based upon the design capacity of the pool

Tee provided

hole (2 spaces per hole)

1-1/2 washing machines (2 spaces for every 3 machines)

1 guest unit, plus 1 for each employee

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Dormitory, fraternity house, nursing home

Mortuaries, funeral homes and undertaking establishments

Home occupations

1 sleeping room

3 seats based on maximum seating capacity

Determined to be adequate for the particular home occupational use in addition to the requirement for the dwel I ing

(3) Industrial Parking Requirements

A. Schedule

- Uses One Parking Space for Each

Industrial and manufacturing establishments, truck terminals and wholesale warehouses

Employee on the combined major and next largest shift

B. Space shall be provided in addition to the above parking requirements for salesmen and other visitor parking, according to specific needs.

(4) Public and Semi-public Parking Requirements

A. Schedule

Uses

School

Indoor recreation center


Staff members plus one space for each twenty students

90 square feet of floor area available to patrons

Outdoor recreation center 500 square feet of lot area devoted to amusement devices

( 5 ) Parking Prohibitions: except in designated areas.

Parking shall not be permitted on public rights-of-way

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Section 1303 - Loading and Unloading Space

In addition to the off-street parking space required above, any building erected, converted or enlarged for any non-residential use shall provide adequate off- street areas for loading and unloading of vehicles. The minimum size loading space shall be fifty (50) feet in depth, twelve (12) feet in width, with an overhead clearance of fourteen (14) feet.

All commercial and industrial establishments shall provide loading and I

unloading and commercial vehicle storage space adequate for their needs. This required space will be provided in addition to established requirements for patron and employee parking. In no case where a building is erected, converted or enlarged for commercial, manufacturing, or business purposes shall the' public rights-of-way be used for loading or unloading of materials.

Required off-street parking space shall not be computed for loading and unloading purposes.

Section 1304 - Access of Off-street Parking and Loading Areas

Access to and from all off-street parking, loading, and vehicle services areas along public right-of-way consist of well detined separate or common entrances and exits and shall comply with the following provisions:

(1) Access drives shall not open any public right-of-way within eighty (80) feet of the nearest right-of-way line of any intersecting public ,street or highway.

(2) Access drives shall not open upon any public right-of-way where the sight distance in either direction along the public thoroughfare would be less than tive hundred (500) feet when the posted speed limit exceeds thirty-five (35) miles per hour; however, when the posted speed limit is thirty-five (35) miles per hour or less, the sight-distance requirement may be reduced to two hundred fifty (250) feet.

Section 1305 - Parking and Loading Area Setbacks _ .

All non-residential parking and loading areas and parallel circulation and service lanes shall be separated fro'm'the paving edge of a public thoroughfare or adjoining property lines by a planting strip at least twenty (20) feet in depth, unless adjoining owners mutually agree to common facilities subject to greater setbacks as may be required elsewhere in this Ordinance.

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ARTICLE XJY

ADMINISTRATION AM) ENFORCEMENT

Section 1401 - The Zoning Officer

1. The Zoning Officer: The provisions of the Zoning Ordinance shall be enforced by an agent to be appointed by the Board of Township Supervisors who shall be known as the Zoning OH Permit CDfficea.

I 2. Deputy,: The Zon ingPed t Ofticer may designate an employee of the

Township as his Deputy who shall exercise all the powers of the Zon ingPed t Officer during the temporary absence or disability of the Zoning/lF'em& Officer.

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3. Compensation: The compensation for the Zoning/lF'edt Officer and the Deputy Zoning/lF'edt Officer shall be determined by the Board of Township Supervisors.

4. Duties and Responsibilities: The ZoningRemd Officer shall have all the duties and powers conferred by the Zoning Ordinance in addition to those reasonably implied for that purpose. He shall not issue a permit in connection with any contemplated erection, construction, alteration, repair, extension, replacement and/or use of any building, structure, sign and/or land unless it first conforms with the requirements of this Zoning Ordinance, all other Ordinances of the Township, and with the laws of the commonwealth of Pennsylvania. He shall:

A. Receive applications, process the same, and issue permits for the erection, construction, alteration, repair extension, replacement, and/or use of any building, structure, sign, and/or land in the Township.

B. At his discretion, examine or cause to be examined, all buildings, structures, signs, and/or land or portions thereof, for which an application has been filed for the erection, construction, alternation, repair, extension, replacement, and/or use before issuing any permit. Thereafter, he may make such inspections during the completion of work for which a permit has been issued. Upon completion of the building, structure, sign, and/or change, a final inspection shall be made and all violations of approved plans or permit shall be noted and the holder of the permit shall be notified of the discrepancies. . . . .

C. Keep a record of all applications received, all permits and certificates issued, reports of inspections, notices, and orders issued, and the

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complete recording of all pertinent factors involved. He shall file and safely keep copies of all plans permitted, and the same shall form a part of the records of his oftice and shall be available for the use of the Board of Township Supervisors and other officials of the Township. At least annually, he shall submit to the Board of Township Supervisors a written statement of all permits and certificates of use and occupancy issued, and violations and stop work orders recommended or promulgated.

D. Identify and register all non-conforming uses and all non-conforming structures.

Section 1402 - Permits

1. Requirements: It shall be unlawful to commence the excavation for or the construction or erection of any building, including an accessory building, or to commence the moving or alteration of any building, including an accessory building, until the Zoningmedt Officer has issued a building permit for such work. No permit shall be required for repairs do not change the use or otherwise violate the provisions of this Ordinance.

.2. Form of Application: The application for a permit shall be submitted in such form as the ZoningAPemnit Ofticer may prescribe and shall be accompanied by the required fees as hereinafter prescribed. Application for a permit shall be made by the Owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the Owner or the qualified person making an application, that the proposed work is authorized by this Owner. The full name and address of the Owner, Lessee, Applicant, and of the responsible officers, if the Owner or Lessee is a corporate body, shall be stated in the application.

3. Application for Building Permits: All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or part of a building, the number of families or dwelling units the building is designed to accommodate and such information as may be necessary to determine compliance with this Ordinance and all other pertinent ordinances.

4. One copy of such plans shall be returned to the owner when such plans shall be approved by the Municipal Governing body. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.

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Time Limit for Application: An application for a permit for any proposed work shall be deemed to have been denied six (6) months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that reasonable extensions of time for additional periods not exceeding ninety (90) days each may be granted at the discretion of the ZoningAPemit Officer.

Issuance of Permits: Upon receiving the application, the ZoningAPemit Officer shall examine the same within 21 days after tiling. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject such application in writing, stating the reasons therefore. He shall inform the applicant of his right of appeal to the Zoning Hearing Board QB the lFkwd of S w A m n in the event such application is rejected. If satistied that the proposed work and/or use conforms to the provisions of the Zoning Ordinance and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, he shall issue a permit therefor as soon as practical.

Expiration of Permit: The permit shall expire after one (1) year from the date of issuance; provided; however, that the same may be extended every six (6) months for a period not to exceed an additional one (1) year.

Revocation of Permits: The Z o n i n g P e d t Officer may revoke a permit or approval issued under the provisions of the Zoning Ordinance in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in the Zoning Ordinance.

Posting of Permit: A true copy of the permit shall be kept on the site of operations open to public inspection during the entire time of prosecution of the work or use and until the completion of the same as defined on the application.

Temporary Permit: A temporary permit may be authorized by the Bomd of S ~ I T V ~ ~ P ~ for a nonconforming structure or use which it deems necessary to promote the property development of the community, provided that such nonconforming structure of use shall be completely removed upon expiration of the permit without cost to the Municipality. Such permits shall be issued for a specified period of time not to exceed one (1) year, and may be renewed

for extension is applied for by the applicant before the expiration date of the original temporary permit.

annually for an aggregate period not exceeding three (3) years if an application '. .-

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11.

12. "f ' ,

13.

Payment of Fees: No permit to begin work for the erection, construction, alternation, repair, extension, replacement, and/or use of any building, structure, sign and/or land for construction or use purpose shall be issued until the fees prescribed by the Board of Township Supervisors pursuant to Resolution shall be paid to the Zon ingPerd Officer. The payment of fees under this Section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this Ordinance, or any other Ordinance or law.

Compliance with Ordinance: The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of the Zoning Ordinance, except as stipulated by the b a d Qf ~ ~ I ' V k X D ~ B .

Compliance with Permit and Plot Plan: All work or uses shall conform to the approved application and plans for which the permit has been issued as well as the approved plot plan.

Section 1403 - Certificate of Use and Occupancy

1. It shall be unlawful to use and/or occupy any structure, building, sign, and/or land or portion thereof for which a permit is required herein until a certificate of use and occupancy for such structure, building, sign, and/or land portion thereof has been issued by the Zoning/PemiU Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a permit is tiled with the Zoning/lF'edt Officer as required herein.

2. The application for a certificate of use and occupancy shall be in such form as the ZoningPemnit Officer may prescribe and may be made on the same application as is required for a permit.

3. The application shall contain the intended use and/or occupancy of any structure, building, sign, and/or land or portion thereof for which a permit is required herein.

4. The Zon ingPed t Officer shall inspect any structure, building, or sign within ten (10) days upon notification on that the proposed work that was listed under the permit has been completed and if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of use and occupancy without fee for the intended use listed in the original application.

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5 . The certification of use of occupancy or a true copy thereof shall be kept available for official inspection at all times.

6. Upon request of a holder of a permit, the Z o n i n g M t Officer may issue a temporary certificate of use and occupancy for a structure, building, sign, and/or land, or portion thereof, before the work covered by the permit shall have been completed, provided such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning/Pemit Officer shall also issue a temporary certiticate of use and occupancy for such temporary uses as tents, use of land for religious or other public or semi-public purposes and similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zon ingPed t Officer, however, in no case for a period exceeding six (6) months.

Section 1404 - Enforcement, Penalty, and Remedy

1.

2.

The construction, erection, replacement, alteration, repair, extension, replacement, and/or use of any structure, building, sign, and/or land or the change of use, area of use, percentage of use or extension or displacement of the use any structure, building, sign, and/or land without first obtaining a permit for the use of any building, structures, sign, and/or land without receipt of a certificate of use and occupancy or the failure to comply with any other provisions of this Ordinance, are hereby declared to be violation of this Zoning Ordinance.

The Zoning/Pedt Officer shall notify by written notice of violation or order on the person, tirm or corporation, or the owner, lessee or agent of the land upon which the violation has occurred who has committed the violation, and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. However, in no case shall the person so notified abandon the premise in such a condition so as to create a hazard or menace to the public safely, health, morals or welfare. Said premises shall be placed in such condition as the Zoning/Permit Officer shall direct.

An enforcement notice shall state at least the following:

(a) The name of the owner of record and any other person against whom the Township intends to take action.

(b) The location of the property in violation.

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(c) The specific violation with a description of the requirements which have been met, citing in each instance the applicable provisions of the ordinance.

(d) The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

(e) That the recipient of the notice has the right to appeal to the zoning hearing board within the prescribed period of time in accordance with procedures set forth in this Ordinance.

(t) That failure to comply with the notice within the time specified, unless extended by appeal to the %ning Hearing Board, constitutes a violation, with possible sanctions clearly described.

In any case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under the PAMPC or prior enabling laws, the Supervisors or, with the approval of the Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of Fayette Township. No such action may be maintained until such notice has been given.

3. If the notice of violation is not complied with within a period of five ( 5 ) days, the ZoningPemit Officer or other Township officer may take, in the name of the Township, any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building sign, and/or land in violation of the provisions of the Zoning Ordinance or of the order or direction made pursuant thereto.

4. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this zoning ordinance enacted under the Municipalities Planning Code or prior enabling laws shall, upon being found liable therefor in civil enforcement proceeding commended by the Township, pay a judgement of not more than $500 plus all court costs, including reasonable

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attorney fees incurred by the Township as a result thereof. No judgement shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgement, the Township may enforce the judgement pursuant to the applicable rules of civil procedure. Each day that a violation, unless the district justice determining that thee has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the Ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day a violation continues shall constitute a separate violation. All judgements, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the Township whose ordinance has been violated.

5 . The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgement.

6 . Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

Section 1405 - Zoning Hearing Board - Powers and Duties

1. Creation and Membership: The terms of oftice of the board shall be three (3) years and shall be so tixed that the term of oftice of one member of a three member board shall expire each year. The board shall promptly notify the Supervisors or any vacancies which occur. Appointments to till vacancies shall be only for the unexpired portion of the term. Members of the board shall hold no other office on the municipality.

The Supervisors map appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this ordinance, an alternate shall be entitled to participate in all proceedings and discussions of the board to the same and full extent as provided by law for board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth as otherwise provided by law. Alternates shall hold no other office in the municipality, including membership on the Planning Commission and ZoningAPermit Officer. Any alternate may participate in any proceeding or

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discussion of the board shall not be entitled to vote as a member of the board nor be compensated unless designed as a voting alternate member.

2. General Procedures: The Zoning Hearing Board shall be governed by the provisions of the “Pennsylvania Municipalities Planning Code,” Act 170 of December 21, 1988, P.L. 1329 Article IX as may be amended or revised, and such other Commonwealth of Pennsylvania laws as may be applicable. As used in Ordinance, unless the context clearly indicates otherwise, the term “Board” shall refer to such Zoning Hearing Board, and “Act 170” shall refer to the “Pennsylvania Municipalities Planning Code” as cited above. The Board shall elect from its own membership its officers, who shall serve annual terms as such and any may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority, of all the members of the Board, but where two members are disqualified to act in a particular manner, 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 further action by the Board as provided in Section 1408. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.

Each application or appeal filed in the proper form with the required date, must be numbered serially and be placed upon the calendar of the Board by the Secretary. Applications and appeals must be assigned for hearing in the order in which they appear on the calendar. However, for good reason, the Board may order the advance of the application or appeal. The Board must fix a reasonable time for hearings.

Section 1406 - Powers

The Zoning Hearing Board shall have the following powers:

1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, determination or interpretation made by an administrative ofticial in the enforcement of this Ordinance or of any ordinance adopted pursuant thereto.

2. To hear and decide special exceptions which may be authorized in this ordinance by the Board of Supervisors. In addition to the express standards and criteria stated in this Ordinance, the Zoning Hearing Board may attach such reasonable conditions and safeguards to an approval as it may deem necessary to insure that the approval is consistent with the purposes and intent of this Ordinance.

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3. The Board shall hear requests for variances where it is alleged that the provisions of the zoning ordinance inflict unnecessary hardship upon the applicant. The board may be rule prescribe the form of application and may require preliminary application to the Zoning Officer. The board may grant a variance, provided that all of the following findings are made where relevant in a given case:

A.

B.

C.

D.

E.

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

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.

That such unnecessary hardship has not been created by the applicant.

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.

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

In granting an variance, the Board may attach such reasonable conditions and safeguards as it any deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code and this ordinance.

All applications for use variance shall be referred to the Planning Commission OH the lhwd of S p A m r s by the Zoning Hearing Board with the direction that the Planning Commission or Board of SupwHmrs shall make a study thereof and recommendations to the Board within forty (40) days from the date of the receipt of said application by the Planning Commission.

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4. In exercising the above mentioned powers, the Board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as believed proper. Notice of such decision shall forthwith be given to all parties in interest.

5 . All applications for special exceptions and variances shall be fully reviewed by the Township Planning Commission OB the IBamral of S w W r s except that the Zoning Officer may waiver this requirement when only a fence or single family residential use is contemplated. The Planning Commission or the had of Supervimrs shall issue a report to both the applicant and Zoning Hearing Board as evidence. Unless expressly characterized as “permanent” in the Zoning Hearing Board’s opinion, no special exception or variance shall create a non- conforming use or extend to anyone other than the person seeking such special exception or variance and their heirs, successors, or assigns.

/

6. The fee for appeals and permits shall be set by the Board of Supervisors by resolution.

7. Appeals From Board Rulings: Any person aggrieved by any decision of the Zoning Hearing Board may, within thirty (30) days after such decision of the Board, appeal to the Court of Common Pleas of the County.

8. The Burden of Proof in any appeal whether for a variance, special exception, or otherwise shall be on the appellant.

Section 1407 - Appeals to the Zoning Hearing Board m d lhmndl a$

1. Appeals to the Zmhg W d g b a d C D ~ the Board of Sqmvimrs may be made by any person or by any Township official or agency aggrieved or affected by any decision of the ZoningAPemmit Officer. Such appeal shall be taken with thirty (30) days of the decision of the Zoning/Pen& Officer by filing with the Zoning/lF’edt Officer and with the Board a notice of appeal, specifying the grounds thereof. The ZoningAPedt Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal shall state:

A. The name and address of the appellant.

B. The name and address of the owner of the real estate to be affected by such proposed exception, of variance.

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C. A brief description and location of the real estate to be affected by such proposed change.

D. A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.

E. A statement of the section of this Ordinance under which the variance, or exception requested, may be allowed, and reasons why it should be granted.

2. An appeal to the respx~ve lBoads shall stay all proceedings in furtherance of the action appealed from, unless the Zoning/Pedt Officer certifies to the ba& after the notice of appeal shall have been filed; that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life and property. In such a case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Z o n i n g P e d t Officer and for due cause shown.

3. Upon receiving an appeal, the Boards shall fix a reasonable time and place for a public hearing thereon and shall give the notice thereof:

A. By advertising at least one (1) week before the hearing, at least one (1) time in a newspaper of general circulation within the Township.

B. By mailing due notice at least six (6) days prior to the date of the hearing to the parties in interest.

C. By giving due notice thereof to the Township Planning Commission, the County Planning Agency, the ZoningAPedt Officer, and such other persons who make timely request for the notice.

D. In addition to the published notice, the Zoning Hearing Board or the lkwd of Supenvimsrs shall give notice of the hearing to the owners of all properties lying within tow hundred (200) feet of the property under consideration. This notice shall be mailed to each property owner not less than six (6) days in advance of the hearing and shall be made from the list of property owners submitted by the person making the appeal. The failure to notify as provided in this paragraph shall not invalidate any recommendations adopted in the hearing; it being the intent, so far as may be possible to provide due notice to the persons substantially interested that the application for appeal is pending.

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4. The respective Board shall conduct a public hearing on such appeal at which hearing any party may appear in person, or by agent or attorney, and all of said parties so affected shall be given an opportunity to be heard.

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5 . The respective Board shall decide the issue involved within forty-five (45) days after the hearing or continued hearing, it shall be deemed that such Board has decided in favor of the person or Township official aggrieved or affected who is seeking relief. All actions of the Board shall be by Resolution and a copy shall be furnished to the parties in interest and the ZoningLF'ennit Officer as a public record.

6 . If the variance is granted or the issuance of a permit is approved, or other actions by the appellant is authorized, the necessary permit shall be secured and the authorized action begun within six (6) months after the date when the variance is finally granted or the issuance of a permit is finally approved or the other action by the appellant is authorized. For good cause the Board may, upon application in writing stating the reasons therefore grant an additional six (6) month extension.

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Should appellant or applicant fail to obtain the necessary permits within said twelve (12) month period, or having obtained the permit should he fail to commence work thereunder within such twelve (12) month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the Board.

Should the appellant or applicant commence construction or alteration within said twelve (12) month period, but should he fail to complete such construction or alteration within said twelve (12) month period, the Board may upon ten (10) days notice in writing, rescind revoke the granted variance, or the issuance of the permit, or permits or the other action authorized to the appellant or applicant, if the Board tinds that a good cause appears for the failure complete within such twelve (12) month period, and if the Board further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.

Section 1408 - Hearings

1. Notice; Conduct of Hearing

A. Notice shall be given to the public, the applicant, the ZoningPemnit Officer, such other persons as the Board of Supervisors shall designate

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by ordinance and to any person who has made timely request for the Notice shall be given as follows:

By publishing a notice thereof, at least fifteen (15) days in advance of such hearing, in a newspaper or general circulation in the Township.

By mailing a notice thereof to the ZoningPemdt Ofticer.

By mailing a notice thereof, at least six (6) days prior to the hearing to the applicant or appellant at the address tiled with the appeal or application.

By mailing a notice thereof, at least six (6) days prior to the hearing, to such other person as designated by ordinance or to such other person who has made a timely request for notice of the hearing.

When the Zoning Hearing Board QH h a r d of Sqxiwimrs shall so order, by mailing or delivering a notice thereof the owner, if his residence is known and to the owner of every lot on the same street within one hundred feet (100’) of said lot or building; provided, that failure to give notice required by this paragraph shall not invalidate any action by the Zoning Hearing Board QIT Boaall of supHvimH§.

The Board of Supervisors may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by ordinance.

B. The hearing shall be conducted by the %&g H&g b a r d QIT Uhe Board of S u p ~ i ~ p n s may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the respedve ka&, but the parties may waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

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

The r e p t b e b w d s or the Hearing Officer: D.

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2. Parties, Representation, Statements

Shall not communicate, directly or indirectly, with any party or his representative 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 or notices; 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.

A. Parties. The Parties to the hearing shall be the Township, 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.

B. Representation. 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 adverse witnesses on all relevant issues.

C. Statements. Statements are to be made in the following order or as the Chairman may direct:

(1) Applicant or appellant.

(2) Zoning Officer and other officials.

(3) Any private citizen.

3. Witness, documents, and papers

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.

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4. Decision Procedure

A. 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 last hearing before the Board of Hearing Officer.

B. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provision of any law, or on any provision of any ordinance, rule, or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.

C. If the hearing is conducted by a Hearing Officer, and there has been no stipulation that his decision or finds 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 Board’s decision shall be entered no later than forty-five (45) days after the decision of the Hearing Officer.

D. 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 section, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed to an extension of time. Nothing herein contained in this section shall prejudice the right of any part opposing the application to urge that such decision is erroneous.

E. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than a day following its date. To all other persons who have filed their name and address with the Board, no 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.

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F. Whenever the Board imposes a condition, or conditions with respect to the granting of an application or appeal, this condition must be stated in the order of the Board and in the permit issued pursuant to the order by the Zoning Officer. This permit remains valid only as long as the condition or conditions upon which it was granted or the conditions imposed by this Ordinance are adhered to.

5. Stenographic Record

The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written materials received in evidence shall be made available to any party at cost.

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Section 1409 - Amendments

This ordinance or any part thereof, may be amended, supplemented or repealed, from time to time, by the Township Supervisors on their own motion or upon recommendation by the Township Planning Commission. Before voting on the enactment of an amendment, the Supervisors shall hold a public hearing thereon, pursuant to public notice. In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission, if appBk&Be, at least thirty (30) days prior to the hearing on such proposed amendment to provide the Township Planning Commission an opportunity to submit recommendations. The Township Supervisors shall not take action on any such amendment without such report or recommendations from the Township Planning Commission unless the Commission fails for any reason to render such report within thirty (30) days after its next regularly scheduled meeting following the date of such referral. If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Township Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

1. Report of the Township Planning Commission.

In making such report on a proposed amendment, the Township Planning Commission shall make inquiry and determination concerning the items specified below.

A. Concerning a proposed amendment or change in text of this Ordinance:

(1) Whether such change is consistent with the aims and principles embodied in this Ordinance as to the particular Districts concerned;

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(3)

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Which areas, land uses, buildings, and establishments in the Township will be directly ,affected by such change and in what way they will be affected;

The indirect implications of such change in its effect on other regulations; and

Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Township.

B. Concerning a proposed amendment involving a change in the Zoning Mag:

Whether the uses permitted by the proposed change would be appropriate in the area concerned;

Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such changes;

Whether the proposed change is in accord with any existing or proposed plans in the vicinity;

The effect of the proposed amendment upon the growth of the Township as envisaged by the Comprehensive Plan; and

Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Township and the probable effect thereof.

2. Petition and Fee

Each petition for a zoning amendment shall be accompanied by a fee as set by separate resolution of the Fayette Township Board of Supervisors upon the filing of such a petition. No fee shall be required for petition filed in favor of or against a pending application.

3. Referral to County Planning Commission

At least thirty (30) days prior to the hearing on the amendment to this Ordinance by the Township Supervisors, the Township Planning Commission shall submit the proposed ordinance and amendment to the Juniata County Planning

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Commission. The County Planning Commission shall report to the Supervisors in writing its advisory opinion on said amendment within thirty (30) days. Failure of the County Planning Commission to report to the Supervisors within the prescribed time period shall constitute a favorable opinion on said amendment by the County.

Publication Advertisement and Availability of Proposed Amendments

A. Proposed zoning amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days or less than 7 days prior to passage. Publications of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the municipal solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:

(1) A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is pub 1 is hed .

(2) An attested copy of the proposed amendment shall be filed in the County Law Library or other County Oftice designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.

B. In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the governing body shall, at least ten days prior to enactment, readvertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

C. Zoning amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.

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5 . Supervisor’s Action

The Township Supervisors shall act to approve or disapprove said amendment within forty-five (45) days after the date of said public hearing.

Section 1410 - Non-confonning Uses and Structures

1. The Zoning Officer shall identify and register all uses which are in conflict with the use designated for the zone in which they are situated.

-- f ’ , . 2. Continuation:

A. Any lawful use of a structure or land existing at the effective date of this Ordinance, may be continued although such use does not conform to the provisions of this Ordinance.

3. Extensions:

A non-conforming use shall not be extended either within a building or upon a lot in any manner without authorization as a ca~naWond use. The Board of S v ~ m r s may not waive district regulations relating to yard, coverage, parking, sign and other applicable regulations. The Bomd of Supervimrs may authorize the expansion up to fifty (50) percent of floor area of non-conforming bu i Id i ng or structure.

4. Non-conforming Lots of Record:

A. In any district, in which single-family houses are permitted, a single- family house and customary accessory buildings may be erected on any lot of record in existence at the effective date of the Ordinance. Consideration shall be given by the Board of Supwimrs as to the desirability and feasibility of re-subdividing the area when two or more conforming lots have contiguous frontage and area in single ownership.

B. This provision shall apply even though such lot fails to meet requirements of side, front or rear yards or the minimum lot area requirements applicable in the District in which the lot is located.

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A. A non-conforming structure that has been damaged or destroyed by fire, windstorm, lighting or a similar cause deemed to be no fault of the owner may be rebuilt. Request for a building permit must be submitted within three (3) years from the date of damage or destruction or the non- conforming use shall not be restored.

I B. No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer. Approval shall be for the same use or for a use of more restricted classi tication.

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C. Restoration regulations shall not apply to active non-conforming agricultural buildings and active farms which may be restored by right.

6 . Changes:

A. A non-conforming use of a building or land may be changed to a use of an equal or more restricted classification when authorized as a mea&tiod use by the lbmd of Supemimrs.

7. Abandonment:

A. A non-conforming use of a building or land ceases for a period of one (1) year or more, subsequent use of such building or land shall be in conformity with the provisions of this Ordinance.

B. Abandonment regulations shall not apply to agricultural uses.

8. Building Permits:

A. In a case where a building permit has been issued prior to the effective date of this Ordinance, and the proposed use of land and/or building does not conform with this Ordinance, said proposed use shall be regulated by the non-conforming use requirements of this Ordinance and shall be considered the same as a lawful non-conforming use if construction other than excavation and foundations is undertaken within a period of thirty (30) calendar days after the issuance date of said building permit and construction thereof is complete within twelve (12) calendar months .from the issuance date of the building permit.

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9. Non-conforming Use of Open Land:

A. All non-conforming signs, billboards, junk storage areas, storage areas, and similar non-conforming use of open land, when discontinued for a period of ninety (90) days or damaged to an extent of sixty percent (60%) or more of replacement costs, shall be continued, repaired or reconstructed .

Section 1411 - Conditional Uses

1. Procedure and Standards

A. An application for a conditional use shall be submitted to the Board of Supervisors.

B. The application shall be accompanied by a plan for the proposed use. Such plan shall indicate the location and specitication of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, storm drainage facilities and sewage treatment facilities. In addition the plan shall show tax map designations and total tract boundaries of the property including bearings, distances and a statement of the total acreage, name and address of all abutting property owners and zoning data of surrounding properties. The plan shall also contain any other information that the Board of Supervisors, at its discretion, may require in order to determine if the proposed conditional use meets the provisions of this ordinance.

C. Upon receiving an application for a conditional use permit, the Board of Supervisors shall review the application in conjunction with the standards set forth in paragraph 141 1 .D of the section. After due investigation and review, if the application is tentatively approved, a public hearing shall be authorized and conducted in the following manner:

1. The Board of Supervisors shall hold a public hearing on the application within sixty (60) days after its receipt.

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2. Written notice of the hearing shall be given to the applicant and to all abutting property owners of the proposed conditional use. A notice of the hearing shall be published twice, the first notice appearing not more than thirty (30) days and not less than fourteen (14) days before the hearing, in a newspaper of general circulation in the municipality. All notices shall be the applicant’s expense.

3. Within thirty (30) days after the public hearing, the conditional use permit shall be granted or denied. In granting the conditional permit, the Board of Supervisors shall be authorized to permit the use applied for subject to such reasonable conditions as it may impose. These cond6ions may contain such requirements for improving, maintaining, operating, and screening the conditional use as will protect character of the surrounding property.

D. The following standards shall be applicable to conditional uses and special exception uses:

1. The location and size of the use, the nature and intensity of operations involved and the size of the site in relation to it shall be in harmony with the orderly development of the District. The location, nature, and height of buildings, walls, and fence shall be such as will not discourage the permitted use of adjacent land and buildings.

2. No conditional use (or special exception use) shall be more objectionable to nearby properties by reason of traffic, parking, noise, fumes, vibration, or lights than any other use allowable in the District.

3. The principal and accessory buildings shall meet all area and bulk coverage, setback, height, and off-street parking, loading and unloading, sign and any other regulations applicable to the District or use including supplementary regulations.

4. Each proposed use shall plan for sufficient safeguards such as . - .- traffic control, storm drainage, screening, setbacks, lighting, etc.

so as to remove any potential adverse effects the use may have on adjoining uses.

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5 . Each proposed use shall provide for sewage treatment facilities which meet or exceed specifications established by the Pennsylvania Department of Environmental Resources and submit to the municipality evidence of approval from that agency of such a facility and system.

E. The Board of Supervisors m y request an advisory report from the Planning Commission. No decision will be made until the report from the Planning Commission is received or until the Planning Commission has had such request for thirty (30) days. In the event that the Planning Commission fails to file its report within thirty (30) days, such application shall be deemed to be approved by the Planning Commission.

F. The Board of Supervisors shall notify the applicant for a conditional use in writing of their decision and how the decision was arrived at not more than ninety (90) days after the acceptance of the application.

A conditional use permit shall be issued upon approval of the Board of Supervisors stating the conditions upon which the permit was issued.

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H. A conditional use for which a permit is granted by the Board of Supervisors pursuant to the provisions of this Ordinance, shall be construed a conforming use.

Section 1412 - Special Exception Uses

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1. Uses specified as special exception within zoning districts of this Ordinance shall be permitted only after approval by the Zoning Hearing Board. Criteria to be used as guidelines in evaluating a proposed special exception shall be the same as described in Section 1411.D of this Ordinance. In granting a special exception, the Zoning Hearing Board shall require all regulations of the District in which the special exception is proposed to be satisfied, if feasible. The proposed special exception shall be appropriate to the specific location and neighborhood for which it is proposed, consistent with the community development plan, and in keeping with the purposed and intent of this Ordinance.

2. The Zoning Hearing Board’s decision to grant a permit for a special exception use hall be .made only after public notification of a hearing as established in Sectin 1408.

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3. At the discretion of the Zoning Hearing Board, an advisory report may be requested from the Planning Commission in which case no decision will be made until the report from the Planning Commission is received or until the Planning Commission has had such request for thirty (30) days. In the event that the Planning Commission fails to the file its report within thirty (30) days, such application shall be deemed to be approved by the Planning Commission.

The Zoning Hearing Board shall notify the applicant for a special exception use , in writing of their decision and how the decision was arrived at not more than

ninety (90) days after the acceptance of the application.

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5 . A special exception use permit shall be issued upon approval of the Zoning -?' , Hearing Board stating the conditions upon which the permit was issued.

A special exception permit shall be deemed to authorized only one particular use and shall expire if the conditional use shall cease for more than six (6) months for any reasons.

6 . A special exception use, for which a permit is granted by the Zoning Hearing Board pursuant to the provisions of this Ordinance, shall be construed a conforming use.

Section 1413 - Validity

Severance: If any article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, or word in the Zoning' Ordinance is, for any reason, declared to be illegal, unconstitutional or invalid, by any Court of Competent Jurisdiction, such decision shall not affect or impair the validity of the Zoning Ordinance as a whole, or any other article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, word or remaining portion of the Zoning Ordinance. The Board of Supervisors of the Township of Fayette, Juniata County, Pennsylvania, hereby declares that it would have adopted the Zoning Ordinance and each article, section, subsection, provision regulation, limitation, restriction, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more of the sections, subsections, provisions, regulations, limitations, restrictions, sentences, clauses, phrases, or words may be declared illegal, unconstitutional or invalid.

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Section 1414 - Repealer

1. Inconsistent Ordinances: Any resolution, ordinance, or part of any ordinance or resolution inconsistent herewith and any amendment thereof are hereby expressly repealed to the extent necessary to give this ordinance full force and effect, t3pXifidy No. 94-1.

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Section 1415 - Adoption I

Ordinance No. , adopted by the Board of Supervisors of Fayette Township, Juniata County, Pennsylvania, into an Ordinance this '' day of , 199.

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ATTEST: Secretary

BOARD OF SUPERVISORS FAYETTE TOWNSHIP JUNIATA COUNTY, PENNSYLVANIA

BY: Chairman

BY: Vice-chairman

BY:

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