TWE LAX23 CITY BOROUGH P L A N ” G COMMISSION

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THE ERIE COUNTY DEPARTMENT OF P L L K ” G

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AWTICLE I - GENERAL PROVISIONS

SECTIONS

PAGE NO.

101 102 103 104 105 106 107

Title, mective Date and Repealer lbfmmum Requirements and C d i c t Statement Severability Authority

C W t y Development Objectives Municipal Responsibility and Liability

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AlBT1cuE 11 - ZONING DISTlRICT MAP AND DISTRICT REGULATIONS

201 202 203 204 203 206 207 208 209 210 21 I 212 213 214 215

h u n g District Map 9 Zoning Districts 9

District Regulations 10

District Boundaries 9 Classificatiw of h e x e d Lands 10

R - A District 10 R - B District 11 R - C District 11 C - 1 District 11 C - 2 District 11 M -1 District 12 F - 1 District 12 Permitted Use Table 13 Lot Size and Area, Height and Yard Standards 14 Application of Area, Lot, Yard and Height Requirements 15

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ARTICLE IJI - NON-COMFORMING USES, STRUCTURES AND LOTS

SECTIONS

301 IntentandShdards 19 302 Nm-Cwfwmiog Lots ofRecwds 20 303 Non-Cd- Uses of Land 20 304 Non-Cwforming Stnrctures 20 305 N w - C w f o M Uses of Structures 21 306 Repairsand Maintenance 22

AlUCLE IV- SUPPLEMENTARYIREGULATIONS W m G CERTAILYUSES

SECTIONS

401 Walls, Fences and S c r e w 23 24 24

402 GarageSales 403 Off-Skeet Loading and Parlung 4M CommerciaVManufacturing Establishments 28 405 Service Stations and Other Wive-In Facilities 28 406 Junkyards 29 407 Temporary Structures 30 408 Perf'mance Stank& 30 409 Mobile Homes and Mobile Home Pmks 31 410 Signs and Billboards 32 411 Home Occupations 35 412 Canpgomds 36 413 Residenfial Occupancy within the C - 1 District 37 414 Business Services 37

37 415 Exfeyiw Completion 416 Floodplains and Lake BluESetbacks 38 417 Multi-Family and Multiple Family Structures 39 418 Treatment Facilities 39

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SECTIONS

501 W c e of zwing oflcicer 502 Dtrties and Powers of the Zwiog OfGcer 503 Application for Permit and Certificate of Use and Occupancy 504 Action on Permits and Certificates of Use and Occupancy

40 40 41 42

505 Fee Schedule 43 is06 Notice of Violation 43 507 Prosecution of Violation 43 . 308 Enfwcement Penalties and Remedies 509 Stop Wwk Order 44

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SECTIONS

GO1 General . 45 602 Functions 45 603 Hearings 47 GO4 Appeal From Board's Decision 47

701 General 48 702 Petitions 48 703 Refevral 48 704 Action 48

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705 Cur&yeAmendments 49 706 Appeal From Borough Council's Decision

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SECTION

50 50-62

801 General 802 Specific Definitions

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ZONINGMAP

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mnm1 GENERAL PROVEIONS

SECTION 101 - ITIz;E, EYFJCCTIVE DATE AND REp3EALLER

?he official title of this Ordinance is the “Lake City Borough zwing Ordinance.” This Ordinance shatl take effect m ~N&%YaP,1?’97 ?his Ordinance repeats and replaces the fmer Borough Zoning Ordinance which \vats adopted on J;muary 1, 1980, as well as all amen&& ma& thereto.

SECTION 102 - MI[NI[MuIM IEQ-S ANID CONFLICT STATEMENT

The provisions of this Ordinance shall be held to be rnbimum requirements, adopted fw the prmotion of the public hedth, safety and general weKim. Whenever the requirements ofthis ordinance are at conflict with the requirements of any oher lawfilly adopted rules, replations or ordinances, the most restrictive, or &at imposing the higher standards, shall go-

SECTION 104 - AUTHORITY

This Ordinance is adopted and designe4 pursuant to the authority vested in the Borough by he Pennsylvania Municipalities Planning Code, PA Act 247 of 1968, as amended.

SECTION 105 - COlMEXIANa

No structure shall be located, erected, constnrcted, r e c m t c d , moved, altered, converted or enlarged, nor shall any adruchrre or l a d be used except ia f i l l compliance with all provisiuns of this Ordinance and only after &e laivfd issuance uf‘ any pexmib, certificates or approvals as are required by this Ordinance.

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SECTION 106 - COMMUNITYDEVELOIPM]EN OBJECTIVES

This Ordinance and Zwing map are intended to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical cownunity developmen& proper density of population, civil defense, the provisions of adequate light and air, police protectiq vehicle padung and loading space, lransportation, wafer and sewage, schools, public grounds and other public recpirements as well as preventing the overcrowding of l a d blight, danger and congestion in travel and transportation, loss of health, life or property %om fire, flood, panic or other dagers. More specifically, these broad purposes are designed to clearly achieve the objective of th0 Girard-Lake City Area Background Analysis and Comprehensive Plan completed in 1979. The specific objectives upon which this ordinance have been based include the following:

I 106.1 To support and encourage order and beauty in the development of the Borough's environment for &e convenience and pleasure of present citizens and &ure residents tfirough s01ad l a d develqment practices ad the preyision of adecpak public utilities and facilities.

106.2 To encourage firlure land and structure redevelopment to have a logical and efficient pattern of f5tuc-e Borough growth.

106.3 To encourage fidure residential units to occur in a harmonious atranganent within compact neighborhood areas.

106.4 To protect strategic properties suitable for industrial development for the establishment of manufacturing industries in the Borough.

106.5 To guide commercial development in such a way so as to minimize adverse influence w adjacent roads or land values; to maintain and revitalize existing cwrmercial areas, and to encourage new diversified commercial facilities to locate in .hctiwally desigued centers with s&e and adequate highway access.

106.6 To protect property values to the extent possible to ensure suitable and &active presewation of existing &~elopment in the Bwom

196.7 To encourage developed of integrakd and cohesive bustoess md resibtial mez.

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106.8 To encmage &velopers to incorporate proper site &sip and adequate parking facilities into existing parcefs and fidure subdivisiws aad land developments.

106.9 To sfrengthen the basic tax base of the Borough

?he provisiws within this ordinance are designed to fulfill the objectives cited in Section 106. The d e p e of protection sought by the conditions and requirements of this Ordinance fm the present and firbre residents and land owners io the Borough is cunsidered reasonable for regulatory purposes in the various zoning districts. This Ordinance does not imply that compliance with the rninhmm recpkements w that land uses peimiitted w i t h such districts will be fkee fkm inconvenience, conflicts, dangers, or damages. Therefwe, this Ordinance shall not create liability MI the part of individual members of the Bwo@ Cwncil w any &cer, appointee or employee of the Borough for any darnws that may result firom reliance m this Ordinance or any administrative decision lawfidly made thereunder.

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!ECIION 201 - ZONING P I P S ~ C T MAF

?he map entitled "zoning Map of Lake City Borough" is hereby adopted as part of this I I I I

Ordinance. The Mcial zoniag Map shall be maintained and be wailable for inspection at the Borough Oflice. The m c i a l Zaiag Map shall be updated in the fibre should there be any property rezoning amendments ma& pursuant to the procedure required by this Ordinance and the Planning Code.

SECTION 202 - ZONING DISTRICTS

The Borough is divided into seven (7) districts which are shown by the district boundaries on the Zoning Map, and shall be known as:

R-A District (low density residential) R-Il Di&rict (ruedim k i t y residential) R-C District (high density residential) C-1 District (central business district) C-2 District (hilpwaylplaza commercial) M-1 District (light industrial) F-1 District (floodpldconservation)

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?!XCTION 204 - CLASSIFICATION Ol? "EXED LANDS

Any laud annexed to or made a patt of the Borough subsequent to the adoption of this Ordinance, shall immediately be classified in the same Zoruog District as the area to which it is cwtiguouS, as of the effective date of any annexation proceedings. The Plarming Commission shall prepare and sllbmit to the Borough Council a report and study of its recommendatiws fw rezoning of the annexed territory. The Planning Commission shall hold at least one public hearing ihereon before submitting its final report to the Council.

SECTION 205 - DISTRICT REGULATIONS

The minimum lot and yat-d requirements and other C9evelqment stank& fix each ZiSIlliilg District are set forth within the chat located in Section 213. These standards must be met at the minimum as well as any other requirement(s) listed within this Ordinance that apply to the respective use. 'Ihe Permitted Uses are set fortf! within the table located in Section 213. Any we not expressly listed for a district, or uses which the Zoning oluicer carmot interpret as being of the same classScation as a listed use, are prohibited within the district Permitted Uses require normal application procedures &rough fhe Zontng M.icer. ?tie established zoning di&icb within this Ordinance are designed to achieve the intent of the Borough portion of the Girard-Lake City Area Eaclrground Analysis and Comprehensive P l q more specifically the Bm.o@ h d Use Plan Map of that F l q and the various zoning map amendments ma& since the adoption of the Plan

'Ihe purpose of this district is to provide for and maintain the low density residential needs of h e Bur+ This district will consist of single-family residential structures wifh a minimum we-car garage aud includes associated public, institutional and recredional uses. Notwithstanding any other provisions in this Ordinance, Ihe maximum density of residential structures in &e R-A District is four (4) residmtial imits per acre.

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SECTION 207 - R-E DISTRICT (MEDNM I"RESmENTlAL)

"he purpose of this district is to provide for and maintain the medium densify residential needs of the Borough 'Ihis district will consist of medim density single family residential and two-family residential shvctures of new duplexes, 2-unit flab and single f d l y cwversions and includes associated public, institrrtiwal and recreational uses. Notwithstanding any other provisions in this Ordinance, the maximum density of' residential structures in the R-B District is six (6) residential units per acre.

SECTION 208 - R-C DISTRICT (HIGH IDWSITYRESIDENTIAL)

"he purpose ofthis district is to provide for and maintain the high density residential needs of the Borougb This district will consist ofhi& h i t y single f h l y residential, two family residential and multi-fimily residential struches whether transient use or pmauent use orieated and includes associated public, institrrtiwal and recreational uses. Notwithstanding any other provision in this Ordinance, the m- density dresidentid structures in the R-C District is eigbt (8) residential Uaik per acre.

SECTION 209 - C-1 DISTRICT (CXHTRAL BUSmSS)

' I l e purpose of this disirict is to provide for the central business district potential of the Borough ?his distvict will contain two distinctions f).m the following C-2 District The first distinction is that the C-1 District is promoted to develop large par- areas to serve businesses, rather &an on-site pmfung per individual commercial establishment promoting a "downtown"' economic aimosphere. The second distinction is the inclusion of high density cuxtznercidresi-d land uses in the C-1 District This action is designated to promote an urban hub of concwated commercial and residential activity around which the Burough can gmv and rely on for essential services. The C-1 District also includes ilssociated public and institutional uses. Notwithstauding any 0th- provision in this Ordinance, the maximum density of commwcial/resideul;ial structures in the C-1 District is twelve (12) residential wits per acre.

SECTION 210 - C-2 IDLSTIUCT (HIGECWAYRLAZA COMh1KCIAK)

The purpose of this district is to prwide for and maintain the highway commercial and plaza commercial needs of the Bwou#~ This district will c& only commercial establishments and associated public and institutional uses.

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SECllQN 211 - M-1 DISTRICT (UGH" INDUSTRIAL)

The purpose of this district is to provide foy and maintain the ligk manufacturing needs of &e Buruugh This district will cOotai0 only light industrial establishments, heavy commercial activities and facilities for rndacbring, processing, pack-, stwage and warehousing which shall c d m to the p d m a n c e standards of this Ordinance.

SECTION 212 - F-1 DISTRICT (nx>ODPLAneulCONSERVAI~ON)

?be purpose ofthis district is to prwide for the protection of life and property in the recognized 100 year floodplain oftfie Borough, which includes Elk Creek and the Me Erie bluff shareline as is identified in the Flood Insurance Rate Maps 0 and related study prepared by the Federal Insurance AdmiflistYation The Floodplain District, as mapped specifically (officially) within tple aforementioned l!IRM Study, shall be considered an area whereby all uses and structures are subject to special clevelopment standards. All uses and structures shall be regulated by the B~~LI#I ' s .Floodplain Management Ordinance to protect the health, safety and welfare of the Borough's residents and businesses.

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SECTION 213 - PERMlTTED USE TABLE

The permitted uses for each district, as shown in the following table shall be according to the c m m meaning of the term w according to the definitions given in Atticle Vm T&e letter " P designates a Permitted Use fw the district. The letter "N" designates &at such a use is not permitted in that district ?he letter'D" in parenthesis means the t m is defined in this Ordinance. A "Section" reference in parenthesis means that the use Musf comply with the requirements within that section in ibis Ordinance. The districts we shown by &e symbols as designated in Section 202.

R-A R-B R-C C-1 C-2 M-1 F-1 M l i c Grounds (D) P P P P P N P Essential Services (D) P P P P P P P Accesswy Use a) P P P P P P P Fence or Wall (Section 401) P P P P P P P

Parlung (D) (Sectiw 403) P P P P P P P Sign 0) (Section 410) P B P P P P P Business Services @) (Section 414) P P P P P P P Temporary Structure (Section 407) P P P P P P P

Home Occupation (Section 411) N B P P N "

Dwelling (D) P P ""N

(Section 4 17) N P P N N N N

W-Street Loading and

@I P P P P P N N

Single Family Detached

Two Family Dwelling @)

Multi-Family Dwelling (D) (Section 417) " P N N N N Mobile Home Park (D) (Section 409) N N P N N N N

Government @) N P P P N N N Resident Tredment Facility (D) (Section 418) N P P P N N N Placement Treatment Facility (D) (Section 418) N N P P N N N ResidentiallCommeial Building (Section 413) N N N P N N N

Finance, Insurance and Real Estate Business (D) N N N P P N N

Multiple Dwelling @) (Sectiooll.17) N N P P " N

Sayices Business (D) N N N P P "

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Retail Tra& Business (D) C m m i a l / M d - Buildiog @) Wholesale Trade Business @) Billboards (II) (Section 410) Transpwtatiw and Public Utilities In- @) Mdacturing Industry (ID) C M o n I n * ( D ) ma, (D) Agriculhrre

R-A R-B It-C C-1 C-2

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N N N P P N N

N N N N N I P N N N N P P P N N N N N N P N

N N N N N P N N N N N N P N N N N N N P N N N N N N N P P P P N N P P

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SECTION 214 - LOT SIZE AM) AREA, "T AND YARD STANDARDS

Ilhe following chat delineates tfie basic &velqmmt standards fw each district Specific applications andfirther description of these requirements are included within Section 215. The numbers, in parenthesis in the chart, refey to the respective subsections of Section 215.

R-A R-B R-C C-1 C-2 M-1 F-1

EUIL;DINGHF-IGHT: (1) Maximum Height (Stories) MaJrimum Height (fiet)

LOTS: (2) (3) IUhimum Lot Widfh (feet) Mrolrmnn Int Depth (&et) Mrrurmno Lot Area (54. fk) MaximumBldg. Coyerage

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SIDE YARDS: (5) Number Required lbhmum Width (total ft) Main Bldg (we side)( &) Accessory Uses (%)

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:REAR YABDS: (6) h*mDq&

Main Building (a) A c c e s s q Uses (fk)

UNIT XIZE: (lz) lbhimum Area (sq. ftJ

80 60 50 20 50 120 100 80 60 80

10,000 7,500 5,000 2,000 5,000 25%

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35 None

2 None 15 None 6 None 3 None

10 None

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600 500

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60 100

7,500 50%

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SECTION 215 - APPLICATION OF ABEA, LOT, YARD AND HEIGHT REQUZREMENTS

The following requirements apply to the previous Section 214. The nmbers in parenthesis in Section 214 refer to the following subsections:

215.1 - BUILDING HEIGHT

No building shall be erected or altered to exceed in hei@ the limit desiguated for the district in Section 214.

A Building Height Measurement: Measurement af building height shall be the vertical height em the average elevation of the finished grade at the eont of he drwture to: in case of flat roof structures, the highest point of the copin& in case of mansard roof stYuctures, the deck line of the roof; iu case of a gable or hipped or gmbreled roof; the mean height between the eaves and the ridge. A habitable attic shall be counted as une-halfstory.

B. Height Exceptions: The height limitations of Section 214 shall not apply to flagpoles, church spires, beEies, h e s OT similar projections not used fm human occupaucy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, antmas and o&tx necessaiy mecimical appw-7 wiilfly ea~ ied above the roof level, up to a 50% increase over heigbt limitation requirements of each district

215.2 LOT SziGE

No lot shall be reduced in area so that yards, lot area per dwelling uuit, lot width or d e r requirements of Section 214 are not maintained.

A Gf0-q Howkg: xi? cases W+iHi! group 'riiiurswg of tjvo (2) iw iilWi! liui'ldijilgs constructed on a plot of ground not subdivided to the customary lots and slrecls and which will not be so subdivided, w where the existing w contemplated street aad lot layout make it impracticable to apply the requirements of Section 214 to the individual building units in such group housing, the application of the terms of Section 214 may be varied by tfie Borough Council &r review and recommendation by Plafininrr Cummission in a manner

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which will be in hammy with the character ofthe neighborhood However, in no case shall the Planning Cormnissim recommend: a use not permitted in the district in which the housing is to be located; a smaller lot area per family than the required minimum in such disirict; a greater heigbt or percentage of buildiag coverage than the requirema.& of Section 214 permit in such a district.

No bu i ldq shall be erected, nor shall any existing building be altered, enlarged or mwed, nor shall any open space cwtigwus to any building or any required paricing ur loading areas be encroached upw or reduced in any manner, except in cwfonaity to the yard, lot area, building location, percentage of lot coverage and other space and area regulations designated io Section 214.

A Reduction in Lot Area: No lot area, il~ough it may consist of one (1) or more adjacent lots of record, shall be reduced in mea so that the yard, lot area per family, lot width, building area ur other requirements of Section 214 me not maintained, public utilities excepted.

B. Area Measurement: For purposes of measuring lot area on exceptionally deep lots, only that part of the depth which is equal to thee (3) times &e average width ofthe lot may be utilized in calculations.

215.4 YAaD BEQ-S

No part of a yard or other open space required appurtenant to any building for the purpose of complying with the prwisiws of Section 214 shall be included as a part of a yard or other open space required for any other building on any other lot

B. Exception to Yard Requirements: The following may project into required yards: steps or stoops not exceeding fmly-eight (48) square feet in area; eaves, cornices and belt courses not exceeding three (3) &et; open fire escapes not exceeding faur (4) fi&

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C. Front Yard Setbacks: In existing built-up areas, the front yard may be equal to average setback established by existing buildiogs within we hundred fdy (150) feet of both sides of tfie proposed structure on the same si& of the street

I). Visibility at Intersections: On a comer lot in any district, no structure, fence, wall, hedge or other planting shall be erected or allowed to grow, or be placed at a height afmore than two and one-half feet above the curbline within a triangle f m e d by h e street centerlines and a straight line joining said sired centerlines at points 50 feet fkom the intersection ofthe two streets. This area shall be hmvn as the clear sight triangle.

2153 Accessory uses are not permitted withiin the fiwt yard, witb the exception of paking lots and areas. Pmking lot and area uses shall coldbrm to &e si& and rear yard accessory use requirements specified in Section 214. For m e r lots, the requirements in Section 214 are for the minimum side yard abutting tfie adjacent street for all uses.

215.6 No building in the rear of a main building on tfie same lot may be used for residential purposes. (Rear Dwellings)

215.7 The minimum requirements for the R-A, R-B and R-C Districts specified in Section 214 are fw smgle-fsttilily &fiellkgs and related access~y uses d y -

215.8 The mbimm requkments fix a two-faslly dwelling in the R-E and R-C Districts and for the multi-family dwelling in the R-C district which are difkent 5-om those specified in Section 214 are specified in the following table:

R-B TWO FAMILY 80

R-C TWO FAMLLY 60 hauLTI FAMILY 70(1)

c-1 MuLTIPm 7 0 w FAMILY

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140 12,500

100 7,500 1NZ) lLO,OQQ(3)

1) Plus foot lot wid& increase for each dwelling unit wer 3.

2) Plus 20 foot lot depth increase for each dwelling unit over 3.

3) Plus 2,500 sq. fi lot area increase for each dwelling unit oyer 3.

2PS9IJtxe are ais iuiiihm req3kw67 in ibe C-1 Didrict, except as specifled in Section 214, provided building or uses adjoin other commercial or industrial districts. Where buildings w uses adjoin any residential district, the si& yard shall be 15 fiet or the height of the dmcture, whichever is greater, fw each side yard that adjoins a residential district The same requirement shall apply to rear yard settracks.

215.10Notwithstanding any otfier provision in this Ordinance, the minimum si& yard requirements for industrial buildings and uses which are adjoining any residential district shall be 50 feet in the M-1 District fw each side yard hat adjoins a residential district The same requirement shall apply to rear yard setbacks.

215.11 ?he F-1 District is as overlap district All area, lot, yard and height requirements are tfie same as in the other ZQning districts that the F-1 District traverses as specified in Section 214 aod Section 416.

215.12All principal buildings and siructures shall have the minimum unit size with the habitable flow area, as defined in this Ordinance, indicated fm each dwelling unit or business unit as applicable. In no case shall the habitable flour mea be less tfian one huadred (100) square feet per resident and/or employee on maximum shift, as applicable. n e entire habitable flour area ofa principal building w structure shall be placed w a ti111 perimeter permand foundaticm consisting of at least: an eight by eighteen (8 X 18) inch ccmtimus concrete footer, at a depth of forty (40) inches below finished grade; and a continuous concrete (block m poured) suppwthg wall up to hished grade, which may include doces, windows mdliif Uiility c~meclhiis.

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SECTION 301 - l"T, AND S T A "

301.1 Within the districts cstablished by this Ordkauce or mendme#s that may later be adopted there exists lots, structures and uses ofland and shctures which m e lawfbl before this Ordinance was passed or amended, but which would be prohibited under the terms of this Ordinance or future amendment

301.2 If is the intent of this Ordinance to petinit these n o n - c d h t i e s to cwtinue until they are removed Such uses are declared by this Ordinance to be incompatible with peYmitted uses in the districts involved. Non-collfwmties may be enlarged as decided by the Zoning Hearing Board.

301.3A nun-confwming use of a structure, a non-cd- use of land, ur non- cwforming use of a structure and laud shall not be extended or enlarged der passage of this Ordinance by: the addition of other uses if such additions are of a nature which would be prohibited generally in a district ur the aftachment of additional signs ur disphy &vices cw1 the land outside &e building.

301.4Not5ing in this Ordinance shall be &me8 to requit-e 3 change in the plans, constnrctiw, w designated use of any building on which actual co&mtim was lawsllly begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building ctmstructiw has been confinuously carried on. Actual c o e t i m includes the placing of co&ucticm material in permanent position and f&ened in a permanent marmer, and demolition, elimination, and removal of an existing stxucturc in connection with such canstructure, provided that actual cms-iitioii work shdl be cm~-mwly c a ~ i e d m until the cwiipletiion d i h e tuildiig involved.

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SECTION 302 - NON-CONFORMING LOTS OF RECORD

For nm-confwmaace lots of record, the owner shall apply to the Zmhg Hearing B o d for the amwopriate variances for the use of said lot If two or more lots with continwus fi-ontage in single ownership and if all or part of the lots do not meet the requirements for lot width and mea in the respective district, the lands involved shall be cwsidmed to be an undivided parcel fw the purpose of this Ordinance. No p d w of said parcel shall be used wfiich dues not meet lot width and area requirments established by this Ordinance.

SECTION 303 - NON-COW0-G USES OF LCIND

Where l a d l use of land exists that is ma& no longer permissible under the terms o€ tbh Ordinance as enacted or amended, such use may be continued, subject to the following provisions:

303.1 No such ow-confwmiqg use shall be expanded to occupy a greater area of land than was occupied at &e effectivc date of this Ordinance, except as specified by Section 301 ofthis Ordinance.

303.2 No such nw-cwfwming use shdl be moved to any other portion afthe lot occupied by such use at the &ective date of this Urdinaace.

303.3 Ifany such non-cwfmnine use of land ceases fw my reason fw a period of more than twelve (12) m&, any subsequent use ofsuch land shall conform to the regulations for the district in which such land is located.

SECTION 304 - NON-CONFORMING STRUCTURES

304.1 A stmtwe may not be enlarged or altered unless a variance is granted by the Zoning Hearing Board.

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304.2Shwld such structyre be destroyed by &-e, flood, explosion or other casualty, to an extent ofmure than fdty percent (50%) of its replacement cost at h e of destruction, it shall not be recwstntcted except in cwfrrrmity wilh the provisions oftfiis Ordinance unless a variance is granted by the Zoning Hearing Board. Replacement cost shall be determined by obtaining cod of r e c m t i w &om the following sources: w e (1) building contractor selected by the omw, and w e (1) building contractor selected by the LswouE;h The ayerage cost of replacement will then be ascertained adt.er receipt of both costs.

304.3 Should such stmcture be moved for any reason it shall thereaffer c d m to the regulations fcrr the district in which it is located after moved.

SECTION 305 - NON-COWORMINGUSES OF STRUCTURES

If a lawful use of a structure, crr of a stnrcture and premises in combination, exists that would not be allowed in the district, the l d l use may be continued subject to the following prwisions:

305.1. An existing structure devoted to a use not permitted in the district in which it is located may not be enlarged, extended, cwstnxcted, recwstructed w structurally altered unless a variance is granted by the Zoning Hearing Board.

305.2 Any non-crmfonmiag use may be extended throughout any pats of a building, but no such use shall be extended to occupy any land outside such building.

305.3 If no structural alterations are made, any non-codwming usc of a structure, or stmcture and premises, may be changed to another nun-conformiag use prwided that: the iTTbning Officer shall fhd that the proposed use is equally w more appropriate to the district than the existing nw-cwforming use. Applications fw charges to nun- cwfbrmhg uses, structures or lots which are e c p l or less nm-cmfotming, may follow n m a l permit procedures under the zoniry: OfEcer.

305.4 Once a nun-cwforming use is superseded by a permitted use, the non-coraforming use shall not be resumed.

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305.5 When a nw-confouming use of a struchre, w structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive m&, it shall not be used except in cwformance with h e regulations of the district in which it is located.

305.6 When n o n - c d o w use status applies to a structure and premises in combination, mwal or destnrctiw by m e r of the structure shall eliminate the nm-conforming status of the land, unless the sfructrlre is rebuilt w i i h twelve (12) montfis.

306.1 On any building, devoted in whole w in part to any nm-conforming use, work may be done on ordinary repairs, w 011 repair or replacement of nm-bearing walls, fbdmes, wiring, or plumbing without the requirement of a permit

306.2 Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a s& condition of any building m part thereof declared to be unsafi: by any official charged with protecting &e pubfic safety, upon m&r of such official.

SECTION 307 - STRUCTURX ON SMALL LQT OZ RECORD

NotwiWandiog &e liruitatim iiilplsed by my other pfovisim of ikis &&mace, &e Zoning officer may permit erection of a structure w my lot ofrecord separately owned w mdev contract of sale and containing, at the time of passage of this Ordinance, a width smaller tfian &at required in this Ordinance for the R-A and R-B districts. In no case shall any slrucbe be petmitted within eight (8) feet of a lot line as measured at the building line. It shall be the responsibility oftfie Zhkg OflGcer to review all permits issued under this section with both tfie Plarming Commission auci the Bmo& Council prior to issuing of said permit and obtain signatures from both of these bodies that said pennit has been reviamd.

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SECTION 401 - WAILS, B"CE:S AND S W G

401.1 A f ace w Eeestmding wall may be erected withLn the limits of any yard. The height of any h c e or wall shall be limited to six (6) feet in a residential district, eight (8) feet in a commercial district and ten (10)feet in an indudrial district Retaining walls aod private terraces without walls, roo& or other enclosures may be erected to greater height up to a 50% increase fw that district Fences erected wound tennis courts, basketball courts, backstops and similar recreational facilities are exempt &om height limitations.

401.2 Where any multi-1Fdmnly dwelling abuts any single-%ly district, the owner of &e

multiple-family dwelling shall, b d m using said property, construct a fence or wall not less than folrr (4) feet and not over six (6) feet in height, of such design, ccmstruction and location as to substantially impair passage by persons or pets fim such multi-family dwelling to and fi.m such single-family use.

401.3 Every swimming pool with a sitface area of at least seventy five (75) square feet w a depth of two (2) feet w more shall be enclosed by a fence w wall not less than five ( 5 ) feet hi@ to prevent uncontrolled access by small children

401.4 In all industrial districts, there shall be required a greenbelt area twenty (20) feet in width adjacent to any residential district for all industrial establishments ur buildings which have not gone into operations at the time of enactment of this Ordinance within m e (1) year of the issuance of a building permit The greenbelt area shall be

individual rows shall contain the following pldings as a minimum: the row immediately adjacent to my residential district - evergreen type frees w slhrubs placed slzch that at maturity said evergreens will touch each other, middle row - son wood type trees spaced at no more than 20 feet apw the r o w immediately adjacent to the industrial district -- hardwood type trees spaced at no more than 4.0 feet apart fisting wooded areas may be used as a greenbelt mea, if approved by the Planning Colrmnission The evergreen row immediatefy adjacent to a residential district may be substituted by a visually solid fence, if dapprowd by the Planning Commission hdusirial distx-ict

cm-qjfised of& '&fee (3) ijffe;&ve;y c;iise;y kees iii' s=uT~i. -L.--L- -n.. lue

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property abutting public road rights-of-ways are not required to provide a greenbelt are along said property lines. Greenbelts shall be maintained and kept in proper appearance by the owners of the industrial establishments.

SECTION 402 - GARAGE SALES

Garage sales, as defined in this Ordinance, shall be permitted fi.om any structure no more than two (2) times per year. The total number of calcndar days per year that such sales can be cwducted fi.om me residence, or ather structure, shall be limited to ten (10) days. Temporary signs may be permitted for garage sales, however, all garage sale-related signs must be remwed immediately upon completion &the garage sale. A Urning certificate shalt be required, for lcngtfi of time and number and location of tempwary signs, befwe any such sales are permified to operate.

SECTION 403 - OFT STREET LOAJ?INGAlyD PAJWNG

Off-street loading and parlung spaces, as defined in this Ordinance, shall be provided in accmdaace with the specifications in this section., in all districts except in the C-1 District, whenever any new use is established or an existug use is enlarged.

403.1 OB" S'IXEET LOADING:

Every building w use which fewires the receipt m distribution by vehicles of material, merchandise and/or customers shalt provide off-street loading berths in accordance with the table below. Each loading space shall be not less than twelve (12) feet in width, thirty five (35) feet in length., and fixteen (14) feet in height.

USES

Schools

Undertakers and F l m d Parlors

Hotels and Offices

SQWAKE FEXT OF REQUIRED OFF-STREET PiZOOR AREA4 LOADINGBEWTHS

15,000 or more 1

5,000 1 For each additional 1 additiwal 5,000 w major ~3ctiOn thereof

10,000 w more 1

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Commercial, Whole- 10,000 - 25,000 1 Sale, Mdacturing 25,000 - 40,000 2 and Storage 40,000 - 60,000 3

60,000 - 100,000 4 For each additional 50,000 or major fiacticm thereof

1 additional

Hospitals (in addition 10,000 - 300,000 1 to space for mbuf a c e ) For each additional 1 additional

300,000 or major &action thereof

S k and Access : h c S off-street p~~ space shall not be less than tcn (IO) feet in width and twenty (20) feet in length esclusive of access drives M aisles, and be in usable shqe and condition Except in tfic case of single f ~ l y dwxll&, no parking m a shall r& less than thee spaces. There shall be adequate ingress and egress to all parlung spaces. Pariang area shall be designed to provide d c i d txrm-wolmd m a so that vehicles are not required to back ontcr any .mads v&ich are classZied aiterial w collector. Where a lot does not abut on a public ur private alley or easement of access, there shall be prwided an access drive leadry: to lhe pmking or storage areas or loading spaces. Such access drive shall not be less than meen (15), nor more than tbi~ly (30) feet wide. Access to off-street parking mas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of street or alley.

Number of Parlung Spaces Required: The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements fir sirnilat. uSes shall apply.

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Animal Hospital and Boardq spaces Ofanimals

Mumobile Sales and SeyVices

Giarases

Churches M Schools

BowlingAlleys

C0rrmnn;ty Buildings and Social Halls

13rivingRangesaadMiaiahreGolf

Dwellings

1 for ea& 5 h e l s , minimrrm 3

1 for each 400 sq- fh of floor area

1 fm each 100 sq. ft of flow arm

5 for each d e y

1 for each 50 sq. & of floor area

1 for each tee

2 for each family or dwelling uait including space ingarage

Food srrqermatiiets 1 for each 100 sq. fL of floor area

10 for first parlor, 5 for each additionat parlor

Fumiime ur Appliance Stores 1 for each 100 sq. fl of floor area

Hospitals, Nursing or Convalescent Homes 1 for each 2 beds

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USES

Hotels and Motels

Mdacturing Plants, Research or Testing Laboratories

Medical or Dental M c e s

Restaurants, Taverns andNight Clubs

Retail Stores and Shops

Rooming, Housing and Dormitories

Service Statiims

Sports Arenas, Auditoriums, Theaters, Assembly Halls

Trailer or MmmA Sdes

Wholesale Establishments or Warehouses

1 for each living or sleeping unit

1 for each 500 sq. fk of flow area

10 for each doctor or dentist

1 for each 2.5 seats

1 fi each 100 sq. f of flow- ax3

1 for each 2 be&oms

4 fm each sexvice bay !

1 for each 3.5 seats

1 fa- e3& 2,500 sq. fL oflot area

1 for each 2 employees on maximum shin. The total parking area shall not be less than 25% ofhe building floor area

Location of the Parking Areas: Required parking spaces shall be located on the same lot with the principal use. The Planning Commission may permit parking spaces to be located on my lot wholly within 300 feet from the lot of the principal use if located in the same zoning district as the principal use, and the Plamring Commission finds that it is hpracticd to provide parking on the same lot with principal use.

Screening: Off-street parking weas fw more than five (5) vehicles, and off-street loading weas, shdl be &ectively screened w each si& which adjoins any residential district with a four (4) foot Visually soiid fence.

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Mininun Distances and Setback: M o off-strzet loading or parking m a tbr more than five (5) vehicles shall be closer than ten (10) feet to any acljoinirg property.

Srafacing: Wit3 the exception of single-family dwellings aud drive-in theaters, all parlung areas shall have a paved d a c e with, cemcnt, asp'lalt or tar and csp, ~ N c h is graded and drained to dispose of all srlrface water, and desigued to provide for ordwly and safe loading and parking

Primarily commercial activities 4 as a bakeiy, candy, pastry, confectionery or ice weam retail sdes estrlblishent n 5 c h has minor mauufachring directly assaciatzd with the retail sdes is peim&ed in the C-1 and C-2 I)iskicts provided the ibbrfoaving recpiremenl is met:

404.1 Not more Lhm five ( 5 ) persons shall be employed during any one (1) slid?. in the rndactming poition of tfie business.

405.1 SERVICE STATIONS

A seivice statim, as defined in this Ordinance, shall meet the following additional requirements: no street entrance or exit for vehicles, and no portion or equipment d m c h service station shall be located with two hundred (200) feet of any school, park or playground conducted for and attended by ~ h i f d ~ i ~ , or within one hundred (100 ) feet of any hospital, church or public library, or within seventy-five (75) feet of a lot in a residence district a.s established in this Oi-dinnncc. No equipment above suifacc of gaunt! for the sewice of motor vehicles shall be closer than thh-ly (30) feet to my street line or highway, nor closer than fitteen (15) feet to any property line.

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405.2 AIL DRIVE-IN USES

'Ihe width ofany entrance driveway leading fkom Ihe public skeet to a service station or other drive-in facility, as defined in this Ordinance, shall not exceed fhrty (30) feet at its intersection with the curbline or edge ofpavement No two (2) driveways leading from a public street to a service station or other drive-in use shall be within t k t y (30) feet of each other at their intersection with the curb or street line. Parking and vehicle access shdl be so arranged that motorists are unable to back over sidewalks or into streets.

SECTION 406 - J U N K Y ~ S

Junkymds, as d&ed in this Ordinance, are permitted in tfie M-1 District, ifthe following requirements are met:

406.1 In addition to those requirements specified in Section 401, "Walls, Fences and S c r e e junkyards shall be completely screened on all sides with a visually solid h c e or wall at least eight (8) &et in height and nut mure than ten (10) &et in height

406.2 All junk shall be stored or arraaged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height of mwe than six (6) feet, ur the height ofme (1) vehicle.

406.3 No oil, grease, tires, gasoline, interim of vehicles or other similar material shall be burned at anytime.

406.4 Any junkyard shall be maintained in such a manner as to came no public or private nuisance, nor to cause any dknsive or noxious sounds or odors, nor to cause the breeding or harboring of&, flies or other vectors.

SECTION 407 - 'ITMPORARY STRUC17JRES

A Zwing certificate may be given by the Zoaing Officer, for a period not to exceed we (1) yew, for non-caafwming uses incidental to housing and cMlsfyucfim projects in any district and including, but not limited to, such structures and uses as storage of building supplies, machinery or a red estate office located on the fract being offixed for safe, provided such permits are issued only upon agreement by h e owner to remove the structure upon the final expiration of the permit and discwtinue b e use or uses. Such permit may be renewed fm one (1) additional yew by the Borough Council affer recommendatim of the Planning Commissiun.

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SECTION 408 - PERFORMANCE STANDARDS

No use, land or structure in any district shali involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons in Lake City Bwwgh In cases iwolving perfmmance standark, the Plarming Commission may require a plan of &e proposed c m t i m or develrrpment, a description of machinery proposed, and techniques to be used, and B m W Council may obtain qualified expert cwsultants to testirjl as to whether a proposed use will c d m to the p d m a n c e requirements. The cost of such sewice shall be b m e by the applicant Furthermore, every use of land or structure in auy district must observe the following peYformance requirements:

408.1 FUZE PRO~CTLON. Fire protection and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage offlammable or explosive materials is carried ML

408.2 l!UKIXICAI, D I S m A N a S : No activity shall cause electrical diadurbances adversely a f f e c t q radio or other equipment in the neighboring area

408.3NOIsE: Noise which is determined to be objectionable because of volume or frequency shall be d e d or othel-wise controlled, except fire sirens and related apparatus used solely fw public purposes, which shall be exempt &om this requirement Objectionable noise levels shall be coflstiued as being those in excess of BO dB at the property line.

408.4 SMOKE: ' Ihe maximum amount of smoke emission permissible shall be determined by the use ofthe Standard Ringleman Chart i s m d by the U.S. Bureau of Mines. No smoke of a shade darker thanNo. 2 will be allowed.

408.5 QIX)RS: In any district no mdodorous gas or matter shall be petmitted which is discernible m any adjoining lot or property- This shall not apply to any folm of fertilizer in districts w h m agriculture is a permitted we-

408.6 AIR P O ~ ~ O N No pollution of air by fly-ash, b, vapors w other substance shall be permitted which is h d l to the health, or to animals, vegetation or other

PraPeltY-

408.7 GLARE: Lighting devices which produce objectionable direct or reflected glare w adjoining properties or roads shall not be permitted.

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408.8EBOSION No erosion by wind or water shall be permitted which will carry Agricultural activities are objectionable substances onto neighboring properties.

exempt from this requirement

408.9 WATER P O U m O m The method fw discharging wastes to public sewers, drains or wafercourses shall be acceptable to the State Deparlmeni of Environmental Protection

SJECTION 409 - MOBILE HOMES ANID MOBILE HOME PARTS

Any land used for a mobile home or mobile home park is subject to the provisions of Chapter 41 ofthe Lake City Borough Code, entitled “Mobile Homes and Mobile Home Palk-’7

409.1 Individual mobile homes, as W e d in this Ordinance, are permitted in the R-C District ifthe following requirement are met:

A The minimum mobile home width shall be twelve (12) feet;

B. ?he minimum mobile home length shall be fifty (50) feet excluding the twgue;

C. ’Ihe mobile home shall be placed on a foundation approved by the Planning Commission; and

D. All lot and yard requirements afthe R-C District are met

409.2 Mobile home parks, as defined in lhis Ordinance, are permitted in the R-C District if the following requireme& are met:

B. &himum park setback &om street or highway right-of-way: thirty five (35) feet,

C. Minimum total area ofpark. two (2) acres;

- . D. MlnKmml mobile home lot size: five thousand (5,000) square %et \

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E Minimum distamce a mobile home or addition thereto may be placed to any adjoining property: tfiirty five (35) feet,

E Si& and rear lines of mobile home parks which abut an R-A or R-B District w i h the B w o e shall be screened with a visually solid fence at least f a (4) feet in height:

G. All park shall be connected to the public sewage treatment plant where such facilities are available within five h d r e d (500) &et;

H All parks shall be connected to the public wafer supply where available within five h d r e d (500) feet and each mobile home and the park proper shall either be metered or pay a rnkimum water bill as is custmary throwout the Borough,

I. Not less than ten percent (lP!) of the total gross area of the pmk must be improved for playgrolrnds and recreational activities fur the residents oftfie park;

J. All p& shall meet all applicable requirem& of Chapter 57 of the Lake City Borough Code, entitled "Subdivision and Land Development Ordinance."

K All pmks shall comply with Chapter 41, Mobile Homes and Nubile Home Pa& as to requirements, street layout and widtbs and all other m a M s as set fotw therein

SECTION 410 - SIGNS AIYD BXLLBORRDS

All s i p and billboards, as defined in this Ordinance, require a zoning certificate before be@ erected and are permitted in the various zoning districts ifthe following requirements and conditions are met:

41 0.1 R-A DISTRICT

A One real estate sign with a total sign mea that does not exceed four (4) s p i r e feet

13. Garage sale signs with a total area fw each sign hat does not exceed two (2) square fiet (see also section 402)

C. Political signs are permitted as follows: Two political signs per lot, each sign no more than (4) square feet in total m a Such sips shall be removed within five ( 5 ) days following a primary or general election

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D. Home occupation s i p are prohibited ia the R-A District

E. Self-illuminated signs are prohibited in the R-A District

E Moving sigps are prohibited in the R-A District

R-E DISTRICT

A One real estate s i p with a total sign area that does not exceed six (6) square feet

B. Garage sale signs with a total area fw each sign that does not exceed tfKee (3) square feet (see also section 402)

C. Political sips as provided in the R-A disfrict

D. One home occup&m sign with a totaf sign area that does not exceed four (4) square aet

E. Self illuminated signs at-e prohibited in the R-I3 District

R-C DISTRICT

A One real estate sign with a total sign mea that does not exceed eight (8) square feet

E. Garage sale s i p with a total area for each sign that does not exceed four (4) square feet (see also Section 402).

D. One home occupation sign with a total sign mea that does not exceed six (6) square fiet

E Self- illuminated signs are permitted in the R-C District

F. Moving Signs are prohibited in the R-C District

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410.4 C-1 DISTRICT

A Sips directly relating to a we conducted on the premises, provided that the total =-ea in square feet of all such s i p , including signs w marquees and canopies, shall not exceed the number of lineal feet of street fi.ontage, and no individual projecting sign shall exceed thirty (30) square feet in area, subject to the following provisions:

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1. HEIGHT: No sign shall exceed the height ofa related building OT twenty-eight (28) fket, whichever is p a t e r .

2. EXTENSION OvEa PUBLIC WAY: Except as provided herein, no sign shall

past the center line of a public sidewalk extend more &an fm-eight (48) inches oyer public ri@-of-way and none shall extend I

1. B. One real estate sign with a total s i p area that does not exceed ten (10) square feet

C. Political sips as provided in the R-A District I I

D. One home occupatiw s i p as provided in the R-C District

E Self-ill~~~&~aied sigm we permitted in &e C-1 District

E Moving Signs are permitted in the C-1 District

410.5 C-2 DISTRICT I A Signs directly relating to a use conducted on &e premises as provided in the C-1

B. One real estate sign as provided in the C-1 District

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C. Political s i p as provided in the R-A District I I

D. Self-illuminated s i p as provided in the C-1 District

E Moving signs as provided in the C-1 Disfrict

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E Billboards with a total area for each sign that dues not m e e d one hundred (100) squase feet Billboards shall not be closer than two hundred (200) feet to each other on &e same si& of the road

410.6 M-1 DISTRICT

A Signs dwectly relating to a use conducted m the premises as provided in the C-2 Diadrict

B. One real estate sign as provided in the C-2 District

C. Political signs as provided in &e R-A District

D. Self-illuminated signs as provided in the C-2 District

E Moving s i p as provided in the C-2 District

F. Billboards with a total area for each s i p &at does not exceed two hundred (200) square feet Billboards shall not be closer than four hundred (400) feet to each other on the same si& ufthe road.

410.7 F-1 DISTRICT

A All s i p requirements and conditions in the F-1 District are the same as for those dishicts that the F-1 District traverses.

SECTION 411 - HOME OCCUPATIONS

Home occupations, as defined in this Ordinance, shall be clearly incidental and secondary to the use of h e dwelling unit fM i - e s i a a l purposes. Home occupations may include, but me not limited to: art studios, dressmaking, teaching, or professional offices. Howe~er a home occupation shall not be interpreted to include commercial stables, kennels, restaurants or auto repair services. The following additional requirements shall be o b s m d :

4.1 1.1 The occupation may be customarily carried on in a dwelling unit, and

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411.2The occupation is cawied on by a member w members of the immediate f ~ l y residing in the dwelling wit, with not more than two (2) employees outside the family, and

411.3 The occupation is carried on wholly within the principal structure w accessory sfructure; and

411.4 There shall be no exterior display, exterior sign other than permitted by this Ordinance, no exterior storage of materials, and no other exterior indication of the home occupation or variation fiom the residential character of the principal structure; and

411.5 No offensive odor, vibration, noise, smoke, heat w glare shall be produced; and

411.6ne occupation shall occupy no more than thirty percent (30’!!) of the principal strucm.

SECTION 412 - CAMPGROUNDS

C q s , campgomds and reweatimal camps, as defined in this Ordinance, are permitted in the R-C District ifhe following requirements are met:

412.1No travel lrailers, as defined in this Ordinance, motor homes or tents shall be permitted d e s s public toilet, shower and washroom ficilities are firrnished within one h d r e d fifiy (150) feet of all camp sites.

412.2 No travel trailer, motor hme or tent shall be occupied fw more, than a total of five ( 5 ) rnwtfis in any one year.

412.3 Any land used as a recreational camp shall also be subject to the provisions of Chapter 41 of the Lake City Borough Code entitfed “Mobile € I m e and Mobile H o m e Park.”

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SECTION 413 - RESIDENTIAL OCCUPANCYWITBW THE C-1 DISTRICT

Residential occupancy is petmitted within the C-1 District if the fo l low4 t~pkrn&~ are met:

413.1 The ground floor of the principal slxucture shall be devoted to the commercial activities as permitted in the C-1 District

413.2 'Ihe density of residential uaits shall be limited to twelve (12) residential dwelling units per acre.

413.3 The maximum heili3lf of the struelure shall be four (4) stwies or forty five (45) feet

413.4 All lot and yard requirements ofsections 213 and 214 shall be met

SECTION 414 - BUSINESS SERVICES

Business services, as defined in this Ordinance, am permitted in every district if the following condition is met:

414.1 A imhg cwiicate shall be required as tu &e @e oft-etail sales and to the dwatirm of the business before a business service is permitted within the Borough

SECTION 415 - EXTERIOR COMPLETION

The outside of all structures fw which a building permit has been issued shall be visually completed within a period oftime from the date construction is started, as required in the following table. The applicable outside parts, such as the fouadatiun, roof and exterior walls, are finished, including painting (except block, brick or prefinished materials), and that all exterior doors and windows are installed. It shall also include that the lot be cleared of debris and graded.

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415.1 COMPLETION TZME IJMITS:

New Residential Cwstyuction New Garages New Non-Residential Canstnrctiw Auy Additions to Gross Floor Area Demolition or Miscellaneous Construction Which Does not Increase Floor Area

within 1 year withia 1 year within 1 year within 1 year

within6mwths

SECTION 416 - FLOODPLAINS AND LAKE BLUFF SETBACKS

416.1 FLOODPLAINS

'Ihe location and boundaries of land subject to periodic flooding shall be determined by reference to the U.S. Department of Housing and Urban Development, Federal Insurance Adminislration Rood Hazard Bmdary Maps. Only the most updated version of' these maps shall be referred to. 'These maps and data are to become part of the Lake City B o r e Zoning Map.

416.2 LAICE ERlE BLUFF SETBACII;S

Stationary structure and accompanying sewage and water facilities must comply with the following setback regulations. Movable dwellings (i.e. mobile homes w other readily h-ansportable residences) may be considered an exception to this rule if they cumply with the regulations of'tfie underlying district Accompa~iy~ sewage and wafer facilities for movable dwellings, however, rrmsf comply with setback regulations.

The Lake Erie bldl'setback delineation shall be based upon the following requirement:

A yue &dJ&@ io &e h k e &ie bl-& ;he edea&ig Fiji- a &&ace of *e hundred (100) feet measured hwiurntally. 'Ihe trma "bldfline" shall mean the edge w west of the elevated segment of the shoreline above the beach w beach terrace which is subjected to erosion caused by wave attack

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SECTION 417 - MULTI-FAMILY AND MULTIPLE FAMIL,Y STRUCTUIZES

These resident Styuciwes are subject to the following requirements:

417.1 Agailment buildings, c m u m s , townhouses, boarding houses, hotels, motels, etc. are considered unit buildings regardless of ownership, ownedrenter w lease time status. The standards governing development of such structures shall be the same as is prescribed for multi-Mly mits in Sections 214 and 215 ofthis Ordinance.

417.2 Prior to the approval of such structures, the Zwing OBEicer shall be provided with an approved copy ofthe Declaration Plan required for condominiums by current state law, if applicable. Any other requkexnmts that are applicable to these type of styucbres, such as PA Department of Labor and Industry regulations, rrmsf also be complied with, and any permit andlor plan required by the Commonwealth must be provided to the zontag QBGCer-

SECTION 418 - TREATMENT FACILJTIES

Resident Treatment Facilities are permitted in the R-B, R-C and C-1 District Placement Treatment Facilities are permitted in the R-C and C-1 District Such uses shall meet the following requirements:

418.1 Evidence that all applicable Federal, State, Couaty and local laws, tules, regulations and ordinances (including those dealing with fire protection and other safety requirements, the number and qualifications of persormcl required, etc.) have been met, and will be complied with, concerning tfie use of an existing structure or construction of a new ficility, and the operation of h e facility once occupied.

418.2 Evidence that all neccssary permits, licenses, certificatiws and other approvals for the facility and for its operator and/or personnel or employees, have been obtained fiom Federal, State, County and local government agencies and/or courts, as applicable, and will be kept in effect

418.3 A paved parlung ama(s) with: w e (1) &-street pin?uog space for each employee andlor operator on maximum attendant shi& and one (1) off-street parking space for every two (2) care recipient beds, which may be utilized for recipients or visitors par@ as applicable.

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ADMYNETRA~ONANDENFORCEMENT

SECTION 501 - OFFICE OF ZONING OFFICKR

501.1 ClEAnON OF OFXICX - ?me M i c e of Zoning OfEcer of the Borough of Lake City, Permsyfvania, is hereby created

501.2 APPOINTMENT - The Zoning Officer shall be appointed by Bmougb Council in accordance with Section 614 ofthe Planning Code.

501.3 OFFICTAL RECOHaS - An official record shall be kept of all business of the Zoning officer and shall be open to public inspection at appropriate times.

501.4 COMPENSATION OF THE ZONING OF'F'IW - The compensation of' &e Zmng Wcer will be decided by the Borough Council.

SECTION 502 - DUTIES AlVD POWERS OF TEE ZONING OFFICER

The 2;iirilag m c w shalt iiiiq-et and WjfMee iill the rep12iiiw -ad pfwisim o f 8 2 Zoning Ordinance.

502.1- APPLICATIONS, PERMITS AND GER'IIFICATES OF USE AM) OCCUPANCY- The &rung Of5cer shall receive applications for aad i s m Permits and Certific*s of Use and Occupancy.

502.2 PUGET OF ENTRY - Ihe Zmmg M c e r shall have the authority to enter at any reaswable hour any structure and/or land in the Borou#~ to enforce the provisions of the Zoning Ordinance. A feW of &wity &dl be pfclvi&d by Bwo@ Council and shall be displayed for ihe purpose of identificatian

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SECTION 503 - APpLIcATlON FOR BERMIT AND CERTIEICA- OF USE AND OCCUPANCY

503.1 WEEN PEaMIT IS RZQZUIRED - Xt shall be unlawsll to erect, enlarge, ccmshct, reconstruct w structut.ally alter any building and/or other sttuctufe w change the use, intensity of use, w extend w displace the use of any building, other siructure and/or land in the BwoM without first filing an application with the Zoning oB[icer in writing and obtaining the required Permit

4 0 3 . 2 W " A CERTIFICATE OF USE AND OCCUPANCY Is aEQuIREn - It shall be unlawfid to use and/or occupy my building, other stmcfme and/or land for which a Permit is required until a Certificate of Use and Occupancy fw such building, other structure and/or land has been issued by the Zonrng Mcer. The dyrplication fw issuance of a Certificate of Use and Occupancy shall be ma& at the same time an application for a Permit is filed with Zmmg Wcer.

503.3 FORMS OF APPUCATION - The application for a Permit and a Certificate of Use and Occupancy shall be submitted in such form as the Zoning Miter may prescribe and shall be accompanied by the required fee as established by the Borough Council.

503.4BY WHOM APPLICATION IS MADE - Application fw a Permit and a Certificate ofuse and Occupancy shall be ma& by the owner or lessee of the building, other structure andlor land or agent of either or by the licensed cwfractor, engineer or architect employed in cunhection with proposed work Ifthe application is ma& by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application hit the proposed work is authorized to make such application The fbll names and addresses of the owner, icssee, applicant and of the respunsible officers, if the owner or lessee is il corporate body, shall be &aid iii %e qplicaiim

503.5 I D E S m n O N OZ WORK - The application shall contain a general description of the proposed work, its location, the use andlur occupancy of all parts of the building, othm structure, and of all portions of the site w lot not cwered by the building andlor &er structure and use of land, proposed paking and/or loading facilities if required herein and such additional informdm as may be required by the Zunq Officer.

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503.6 PLOT P" - There shall also be filed not less than me (1) copy of a plot plan showing to scale at least the following: size and location of all the new c m t i o n and all existing buildings., and/or other structures on the site, dimensions aad area of the lot, distances from lot lines and the location and the established street grades; all existing, proposed exten&d andor new uses of buildings, other structures and/or land; proposed and existing parking andlor loading facilities if required herein; it shall be drawn in accordance with an accurate boundary line survey, and such additional inf'aiiun as may be required by the Zmmg Wcer. Where complete and accurate infarmation is not readily available fiom existing records, the Zoning Oflicer may require an applicant to W s h a survey of the lot by a registered agheer w m e y m at the applicant's expense. Each applicant shall be required to altest to the correctness of the data and statements firrnished in the application

503.7 EXPIRATION OF FERMITS - I f 'wd described in any permit has not begun within six (6) mootfis fkom the date of issuance, the permit shall expire, and a written notice shall be given by the zwtng Officer to the persons af&cted. Ifwork described in any permit has not been completed within one (1) year of the date of issuance, the permit shall expire and written notice to that effect shall be given by the Zoning CMicer to the persons affected Wwk as described in the cancelled p e t shall not proceed unless a new permit is obtained.

SECTION 504 - ACTION ON PlCRMITS AMpl CERMCATES OF USE AND OCCPANCY

504.1 ACTION ON APPLICATION - "he Zonrng Officer shall act on all applications fbr a permit within ten (10) business days afhr filing. Ifthe requirements of lhe 2 h h g Ordinance are satisfied, a permit shall be issued. Disapproval ofa permit shall be in writing to the applicant

504.2 FOSTPNG A F3XM.E - The parnit issued by the Zoning O%cw &dl be posted at woik site until the permit expires or the certificate ofuse and Occupancy is delivered.

504.3 REVOKING A PERMIT - The Zoning ofrficer may revoke an issued permit if it is detlermined that any Mse stakment w misrepresentation of fact was in the application for the permit

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504.4 ACTION UPON CO-TION - Upon completion of the permitted work and prior to use and occupancy, the holder of the permit shall notifl the zoniog Officer of such completim Within ten (10) business days d e r receiving notice of completion, the Zoning ofl[icer shall conduct a final inspection of all permitted structures and/or land- All violations of the permit and plans shall be recorded and presented in writing to the holder of the pamit within fifteen (15) business days of receipt of notification of cmqfetiw ofwork

If the Zrnvng CMker has determined that the completed work cwfwms with the issued permit and complies with zoning Ordinance, he shall i s m a Certificate of Use and Occupancy for the use indicated in the permit within fitkeen (15) business days of notification ofwork

SECTION 505 - FEE S~~

No permit shall be issued until the applicant pays the respective &e prescribed by the B o r e A permit fee schedule shall be established by resolution of the Burougb Cmcil.

SECTION 506 - NOTICX OF MOLATION

If the Zoning Weer shall find that any of the provisions of this Ordinance are being violated, hdshe shall n o t i in writmg the person responsible fw such violation, indicating the nature afthe Violation and ordering the action and maximum number of days necessary to correct the violalion ' Ihe notice shall include the fact that the recipient has the right to appeal to the Zmmg Hearing Board within a prescribed period of time. This enforcement notice shall comply with Section 616.1 of the Planning Code.

SECTION 507 - PROSE-ON OB' VIOMTION

:[f the Notice of Violation is not complied with, the Zoning Miter has the au!brity to institute civil enfrrycement proceedings as a means of enfowcment when acting within the scope of his duties under this Ordinance. In addition, Borough Council may institnte my appropriak action OT proceeding under Section 617 oftfie Planning Code. Enforcement remedies shall be initiated before the District Justice of appropriate jurisdiction.

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SECTION 508 - ENE"ORtXMl?AT PENALTIES AND REMEI)IF3

Any pefsw -#IO shall violaie tbe ixovisim oft& Oi-Ghmce aid is convicted &ereof iii a sumrnq proceedi shall be subject to a judgment as prescribed in Section 617.2 of the Planaing Code. All Borough costs associated with enfiorcement of this Ordinance over and abwe the permit fee shall be b m e by the applicant w violator.

SECTION 509 - STOP WORK ORDER

509.1 NOTICE TO OWNER - Upon notice from the Zoning Wcer that work on or use or occupancy of any building, &er structure andlor land has been detennined to be contrary to the Zoniog Ordinance, such wmk shall be immediately stopped The Stop Wwk Order shall be in writing to the mer ofthc prqer t y iwolved and shall state the conditions under which work w use be resumed.

509.2 CONDITIONS OF DISCONTINUED WORK - Any person who has been served with a Stop Work Order or discontinues or a b m h work shall not leave any building, other structure andlor land in such condition as to be a hazard to the public. The Zoniag officer shall have the Mwity to require that such building, otfier structure and/or land shall be put in such condition as he/she determines, and the work on it shall be at the f i l l expense of the recipient of a Stop Wmk Order.

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ARTIGLEVI

ZONINGElEARlNGIBOARD

SECTION 601 GENERAL

appointed by B o r o e Cwncil, which shall adopt rules to govern its procedures. l[he Board shall hold meetings, keep minutes and, pursuant to public nofice, cmduct hearings, compel &e attendance of witnesses, take testimony mder oath, and render decisions w reports of findings. Fur the filing of any appeal ur proceeding with the Board, a hearing fee shall be charged in accwhce with a schedule established by Bwouglh Council. All Borough costs associated with Section 602,603 and GO4 over and above the hearing fee shall be b m e by the applicant l;he costs, however, shall not include legal expenses of the Board, expenses fm engineering, architectural w other technical consultants or expert witness costs. The stenographer's appearance fee is split between the applicant and the Board, while the transcription costs are paid by the pzrrty repst ing the transcript The membership d t h e Board shall be arranged in accordance with &e provisions uf'Section 903 of the Planing Code. The orgrmization of the Board shall be based upon Section 906 of the Planning Code and the removal of any members of the Board shall be undertaken pursuant to Section 905 of &e ~~~ Code. There may Se c q m & ~ n io any mmbei. or altei-ate member of the Board for the perfollraance of his or her duties, and the Bmo@ Comcil may, f)-m time to time, appropriate monies for clerical, technical w legal consultants for necessary services as well, based upon Section 907 of the Planning Co&.

SECTI5N 602 - FUNCTIONS

The 2hwg Hearing Board shall conduct meetings, hearings and make decisions M matters as provided by this Ordinance in accordance with the provisions of Sectiuns 909, 910, 912 a d 913 d i e Tim@ Code w%~cB ~ C ~ U & S the f ~ l l o ~ k g h~hii:

602.1 W P W 3'3Z91d ZONING 03Pll[CM - 'Ib Eowd shall hold a hearing and decide all appeals where it is alleged by the appellant that the h u n g Officer w the municipal engineer has failed to follow prescribed procedures or has misintqreted m misapplied any provision of this Ordinance m Mtap or any valid rule or regulation governing the action of the Zoning officer. Such appeals of dekmination shall be Bled in accordance with Section 909 of the Plaming Code.

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I 602.2 VARIANCES - The Board shall hear requests for variances, in accordance with Section 912 of the Platming Co&, where it is alleged that the provisions of this - Ordinance inflict unnecessary hardship upon the applicant The Board may grant a variance provided the follaving findings are relevant:

?here are unique physical ciucdmces w conditions, including irregularity, narrowness w shallowness of lot size or shape, w exceptional topogvaphical w other physical conditions peculiar to the particular property, and that the urnnecessary hardship is che to such conditions, a d not the circumstances or conditions generally created by the prwisions o f t h i s Ordinance in the neighborhood or district in which the property is located.

Because of such physical circumstances or conditions, there is no possibility that the property can be developed in styict c d ~ t y with the provisions uf this Ordinance md that the autfiorization of a variance is tfierefore necessary to enable the reasonable w e ofthe propcrty.

Such llrmecessary hardship has not been created by the appellant

'Ihe variance, i f d w i z e d , will not alter the essential character of the neighborhood w 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 thak will afford relief and will represent the least modification possible of the regulation.

In granting any variance, the Board may attach such reasonablc conditions and sdepards as it may &em necessary to implement the purposes and objectives of this Ordinance.

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402.3c"GE TO THE VAw;DTTy OF THE ZONING MAP OR OaDINANCE

The Board shall hear challenges to the validity o f t h e Zmmg Ordinance or Map in accordance with section 910 of the Planning Code. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become a report and part of the record on appeal to the courts.

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602.4 APPEALS - Where the Board has jurisdiction wer a zoning matter, it shall also hear all appeals wfiich an applicant may elect to b r i before it with respect to any municipal ordinance or requirement pertaining to the same development plan w development In any such case, the Board shall have no power to pass upon the non- zoning issues, but shall take evidence and make record thereon as provided in Section 913.3 of the Planning Code. At the conclusion of the hearing, the Board shall make findings cm all relevant i s m s of fact which shall become a rep014 and part of the record on appeal to the c d .

602.5 REQUEST AND APPHCATION P p I O C l C I ? ~ - All requests, applications w appeals ma& to the Board shall be in writing on f m prescribed by the Rules of Procedure by the Board. Every appeal w application shall rder to the specific provision of the ordinance involved, and shall set fortfi the interpretation that is claimed, the use which is sought, or the details of the variance that is applied for; and the grmds on which it is claimed a reyest should be granted. At least tfurty (30) days before the date ofthe hearing, on request, application ar appeal, the Board shall h.ansmit to the Planning Commission a copy of said r e p s t , application or appeal in order &at the Planning Commission may have an opportunity to submit a report to the Board, ifit so desires.

The Board shall conduct hearings and make decisions in accwhce with Sections 908 and 909.1 of the Planning Code.

SECTION 604 - APPEXL m O M BOABD’S DECBION

Any resident or landowner in the Bwo@ who is aggrieved by any decision of the Board may, within thrrty (30) days after such decision of the Board, appeal therefrom in accwdmce witfi Article X-A of‘ the Ftamhg Code

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SECTION 701 - GENEaAL

'T'e E w o e Comcit may & d u c e aad e w i & m m h & to this Ordinance and to &e Zonrng Map, as proposed by a member of the Borough Council, by the Planning Commission, m by a petition of a person residing or owning property witfiin the Borough in accordance with Section 609 of the Planning Code.

SECTION 702 - PETITIONS

Petitions fw amenhment shall be filed with Bwwgh Council, and the petitiuner, upon such filing, shall pay a filing fee in accordance with a schedule established by the Borough Council. All B o r e costs associated with Sections 704,705 and 706 wer and a b m tfie filing fee shall be borne by the applicant.

SECTION 703 - REFIEBRAL

hy Fqiisetf Feg&ed fii &e Bxo@ Ciiiiilcif &df be f&&.ed io &e PlaWing Commission and Erie County Department of P1aonb.g for review prior to a public hearing by the Borough Council. A thirty (30) day review period by these plarmjng agencies shall be allowed b d m e the Borough Council may take final action on the Amendment

SECTION 704 - ACTION

Before a c t q on a proposed amendment, the Borough Council shall hold at least one (1) public hearing thereon pursuant to public notice.

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A lahwnw in the Bwo@ who desires to challenge w fllsshntive ground l5e validity of this zoning Ordinance or Map, or any provision thereof which prohibits or restricts the use or develgnnent ofland in which he has an interest, may submit a curative amen&& to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in sections 609.1 and 609.2 of the Planning Code. As with other proposed amenhments, the curaiiyp: amendment shall be d i d to the Planning Conrrmissim and the Erie County Depalxnd of Planning at least thirty (30) days before the public hearing is conducted by B o r e Council.

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Any resid& w laiihmer in the Bwougb who is aggrieved by any decision of &e Borough Council may, within thuty (30) days after such decisim of the Bwough Couacil, appeal thdm in accordance with Article X-A of the Planning Code.

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ARTIcLEwrlr

DEFINITIONS

SECTION 801 - GENERAL

Fw the putpose of this Ofdiaance, certain words us d in this Ordinan

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Words wed in the present tense shall include the fhre. The singular number shall include the plural, and the plural the singular. The word "shall" is mandatory and not permissive. Afl other words, except fw hose words defined in the BwougZl of Lake City Subdivision and Land Development Ordinance, shall have their n m a l me@ as defined in the most recent printing of the Webster's 'Ihird New Tntematicmal Dictiwaty of the bglish Language, Unabridged.

SECTION 802 - S P E a C DEFINITIONS

ACCESSORY STRUC-SE - A use custm&ly incidental and subordinate to the principal use and located on the same lot as the principal use, including renewable energy services, private swimming pools, detached garages, storage buildings, etc.

A G H m m - Any agicul;ilfe we, as hwi-ein defined: iocluGiiig faxing, ~i;&wqe, agriculture, horticulture, floriculture, viticulture and foreshy including the harvesting af timber. It shall exclude all aaimal and poultry raisiwb;rm*-

AJXXY - A passage or way open to public travel which aff'ds generally a secwdaty means of vehicular access to abuttug lots and is not intended for general t r a c circulation

AJ?PL"T - application for development including his heirs, successurs and assigns (Planning Code).

A lmduwner w developer, as hereinafter defined, who has filed an

APPLICATION FOR DEVELOP= - Evety application, whether preliminq, tentakive w "final", required to be filed and approved prior to start of c ~ w t i o n or devclopmenf including, but not limited to, an application for a buildkg permit, for the approval of a subdivision plat or plan or fm the approval of a develqmrent plan (Planning Code).

AWW - Area of a lot w site calculated %om dimensions derived by hwizorfial projections ofthe site.

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BASEMFNT - A story having more fhaa fjf€y percent (50%) of its clear height below finished grade. A basement is not considered part of interior living area unless it is filly finished. (See Cellar)

IULLBOARD - A sign otfier than one indicating a business conducted on the premises; a sign upon which advertising matter or any character is printed, posted or lettered. It may be ciher fi-eestauding or attached to a d a c e ofbuilding m other structure.

B O W - 'Ihe duly appointed (by Borough Council) Zonrng Hearing Board af the B o r w which is granted jurisdiction under this Ordinance to render final adjudications (derived limn Plamring Code).

BOAXlImG HO?EX - A building where lodgmg is provided, fw cqmsaticm, fw three or more persons and includes such i s m s as rooming, tourist, lodging, bed and breddkt houses, etc.

BOROUGH - Borough of Lake City, Erie County, Pennsylvania

UORQUGH COUNCIL, - The duly elected governing body ofthe Borough.

INJILDING - Anything condmcted or erected, the use of which requires a fixed location on Bound or attachment to something having a fixed location to the ground, i.uc1udh.g an addition to buildings, s i p , carports, porches and other building features.

BUILDING HEIGEII - The vertical distance fim the average elevation at grade level, to the highest poinf of the deck ofa flat roof or mansard roofl or to the mean height between the eaves and the ridge fw gable, hip and gambrel roofs.

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WILDING PERMIT - The written dwization issued by the Borougli of Lake City to permit the cunstruction of a building or structure in accwhce with this Ordinance andlor other ordinances and regufatiuns.

BUSmSS SE,RWCX - Any mobile sales business activity which renders service to any portion of the Borough of Lake City.

CAMP OR CAMPGROUND - Site and facilities fw temporary lodging of spwtsmen, fishermen, campers, hunters and/or families.

CARTWAY - Io the case of an improved road, the poxtion which is paved or improved fw travel, and in the case of an unimproved road the &e grade -face.

ClULAR - A stmy having more than firtrv percent (50"/0) of its clear bei@ below the average lml of the surrmdiag ground. A cellar shall be cowed as % story for the purpose ofheigM mcasuremd ifthe vertical distrmce bchxm the ceiling and the average level afthe adjoining grolmd is more than five feet br if used for dwelling purposes. (See Elasemart)

CmTlRCE - An establishment designed and intended for religious instruction or public worship and designated a5 tax exempt p f q m Q by &e Erie C o w - Tax k x e s b m ~ m t Oftice.

CLUE - An establishment operated for social, recreational, atfiletic or educational purposes, but open only to members and not for the general public.

COMMEBCLAL - Retail and wholesale establishments, professional offices, lending institutions and food services engaging in an activity fbr profit

COMMON OPEN SPACE - A parcel or parcels of land w an area of water, or a combination of land and water w i t h a development site and designed atid intended f s the use or enjoyment of residents, or residentiaf development other thau the standard subdivision cwfipratiw, not i nc lud i streets, oftstfeet parking areas, and meas set aside fm public facilities.

COPJDOMXNIUM - A f m of guouplprivate ownership of space and use in a multi-fAly dwelling.

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CONSTRUCTION INDUSTRY - Encompasses all of the major groups in the “C~STR.UCI‘ION” Division (15-17) of the Standard Industrial Classification of the Federal OMB, including: general building contractors, heavy construction contractors and special trade contractors.

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COWRAGE, h&WM?JM LOT - ’The total allowable percentage of the lot area covered by principal and accessory uses.

DECISION - Final adjudication ofthe Board OT Borough Council to do so, either by mason ofthe gant of exclusive jurisdiction or by reason of appeals fivm determinations. All decisions shall be appealable to the Erie C m d y Colrrt of Common Pleas in Erie County, Pennsylvania (derived &m Planning Code).

DlPMTY- The number of families that may be housed on a lot m goup of lots divided by the area in acres of the lot or group of tots computed exclusive of any portion of a road rigtlf-of-way-

DETEaMINATION - Final action by the h m g Miter or Plarming Commission charged with the adminisfration of this Ordinance or applications thereunder. Determinations shall be appealable only to the Board (derived %.om Planning Code).

DEVl?LOPEB - Any landowner, agent of such landowner or tenant with &e peymission of mh lanhwer, who makes or causes to be made a subdivision of land m a l a d deVel0pment

I” FA(XJ”Y - A business that provides services to the occupants af a vehicle from a window, booth or ofher StrUFfure designed to prwide such services, while the patrons are waiting in an off-street pat?uog area Tbis facility includes such establishments as drive-in b&, drive-in beverqe distributors, restaurants, laundries, service statim, car was4 etc.

DwJiXLJNG - habitation

Any buildkg designed or used as resident living quarters for human

DWFLLTNG, SINGLE FAMILY - ammged or used for occupancy by one (1) fbmily on a separate lot of record.

A permanent detached building designed for,

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DWELLING, TWO (2) FAMILY - A building designed for, manged LW used for occupascy by two (2) families, living independently of each other with separate living, cooking, sanitary and entrance facilities f a each family.

DWELLING, MULTI-FAMILY - A building designed for, atranged or used for occupmcy by three (3) or more faanilies, living independently of each other with separate living, cookmg, saaitmy and enlrauce facilities for each family.

DWKLUNG, MULTIPLE - A building designed for, arranged or used for occupancy by more than one (1) family, living dependently with each other with either shared living, coolung, sanitary and/or entrance facilities. 'Zhese buildings include: boarding, rooming, tourist or lodging houses, bed and breakfast homes, dwmitories, fiatemities, sororities, boardin@military schools, hotels, motels, etc.

E F ? G m - Pennsylvania, duly appointed as the engineer fw the Borough of Lake City.

A professional engitleer licensed as such in the Commonwealth of

ESS- SERVICES - The erection, constnrction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or ovmhe3d gas; electrical, steam or water transmission or distribution systcms, collecticm, ctrmmunicatiw, supply w disposal systenls, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire atam boxes, police call boxes, tr&c accessmies in connection there@ reasonably necessary for the fimishing of adequate services by such public utilities or municipal or other govmental agencies or fw the public health or s&efy or general welfare. s

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F m Y - For the purposes of this &dinance, a family is:

b) two (2) or more persons maintaking a separate housekeeping unit, who are related by blood, legal marriage or adopticm, plus no more than a total of two (2) urnelated persons; m

c) no mwe &an a total of four (4) persws maintaining a separate housekeeping unit who are not related.

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FINANCE, INSURANCE NYD RXAL ESTATE BUSINESS - Encompasses all of the major groups in the "Finance, Insurance and Real Estate" Division (60-67) of the Standard Industrial Classification of !he Federal OMB, including: bankro& credit agencies other than banks, security and commodity brokers and services, insurance carriers, insurance agents ad brokers and service, real estate, combined real estate and insurance, and holding and othw investment offices.

GAWGE SALES - (includes yard, patio and similar residential sales) A private non- C w t i n u o u s sale of surplus used household goods which is held w &e premises in a disfrict not m e d for commercial sales.

GQlTRNMYT - Encompasses all of the major goups in fhe "I'ublic Adtuiilistt.ation" Division (90-97) of the Standard Inmal Classification of the Federal QMIZ, including: executive and legislative in general, Justice and public order and sdcty, finance and taxation and monetary policy, administration of humau resources, environmental quality and housing, adminisfration ofeconomic propuns, and national security and inkmatimal a&.

IXAWI'mU FLOOR AREA - 'Ihe interior pmtion of a principal building w structure, which will be utilized for living, workmg or institutional purposes, that is filly enclosed fi-crm the elan& and svpplied with electi-ic and heat.i@cooling utilities, exclusive of &ached accessory uses such as garages, porches, decks, etc. and includes the outer walls.

HEARING - An administrative proceeding conducted by the Board pursuant to Section 909.1 ofthe Planting Code.

HOME OCCUPATION - Any use customarily caried MI entirely within a dwelling by occupants thereoc which use is clearly incidental and subordinate to the use of the dwelling for dwelling purposes and which does not change the residential character tbefeof

H O m d O m - A building containing rooms which are used, rented or hired out to pests for sleeping purposes, and where d y a cenfrd kitchen and dining room are prwided within the building for p s t s and the generat public and provides separate sanitary ficilities.

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INDUSTRIAL, 0- - Encompasses all of the major groups in the "Mining" Division (10-14), and h e "Agtlculture, Forestry and Fishing" Division (01-09) ofthe Standard hdus*ial Classification of the Federal O m , including: metal mining, antbracite mining, bituxninous coal and lignite mining, oil and gas extraction, nonmetal minerals (except h l s ) , agricultural production - crops, agricultural production - livestock, agricultural services, forestry, fishtng and hunting and trapping, and any unclassified use.

,JUMCYm - Land or sfructure used for the collecting, storage, processing, salvage and sale of swap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, waste paper, glass, rags, containers and other discarded materials. U shall not include, however7 r&e or garbage kept in a proper container for the purpose of prompt disposal. The dismantling of two (2) or more used vehicles w trailers w the stwage, sale, w dumping of two (2) w more partially dismantled or obsolete OT wrecked vehicles or trailers shall be considered a junkyard.

3ANDOWNEX - The legal or beneficial owner or omers of land including the holder of an Option or contract to purchase (whether or not such option ur contract is subject to any condition), a lessee if he is authorized under &e lease to exercise the rights of fhe landowner7 or other person having a prvietary idercst in land (Planning Codc).

LIGHT MANUFACTUIIZING - The processing or fabrication of certain matevials and products which does not produce objectionable noise, vibration, air pollution, fire hazard OT other disturbances or dangers to neighring properties.

LOADING SPACE - A portion of a lot usable fw the loading or unloading of motor vehicles.

LOT - A designated parcel, tract w area of land established by a plot w otherwise as permitted by law and to be used, dewloped or built upon as a unit (Harming Code).

LOT, C O m - A lot at &e jmiction of and fronting on one m more intersecting street right-of-ways.

LOT, DEPTH - A mean horizontal distance between the fiont and rear lot lines.

LOT MININUM AREA - The area d a lot computed exclusive of any portion of any street right-of-way but including any easement fw essential services.

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LOT OF RECORD - Any lot which individually or as a part of a subdivision has been recorded in the ofllice of the Recorder &Deeds in Erie County.

LOT, WIDTH - A mean horizontal distance between h e side lot lines measured along the fiont setback line.

PZAmTI APJ- T h T O Th IWIUTALA&I~ J.L~USFAY - E o c q a s e s all of the major groups in the ''Mamrfactunng" Division (20-39) ofthe Standard Industrial ckissification of the Federal OMB, including: food and kindred products, tobacco rn&acWers, textile mill products, apparel and other textile products, lumber and wood products, firniture and fixtures, paper and allied prockrcts, printing and publishing, chemicals and allied products, petroleum and coal products, rubber and miscellaneous plastics products, leather md leather products, stone and clay and glass products, primary metal industries, fabricated metal products, machinery (except electrical), electric and electronic equipment, transpwtation equipment, inst~mnmts and related products, and miscellaneous manufacturing i n M e 5 .

M0BIL.X HOME - A transportable, single family dwelling intended for permanent occupancy, contained in one (1) unit or in two (2) or more units desigaed to be joined into w e (1) integral unit capable of again being separated fw repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and

fowdation ('Planning Code). A travel trailer or motorized home, as defined herein, shall be crrnstvued as a mobile home if occupied or connected wiih utilities.

a&2mbly q j w ~ m 7 r&ij cm*mied go &;a; i; "ay be Eeif -*-i&o-& a 2iamr&eijf

MOBILE HOME LOT - A parcel of land in a mobile home park, improved with the necessary utility cormections and other appurtenances necessary for the erection thereon of a single mobile home (Planning Code).

MOBILE HOME PARK - A parcel or contiguous parcels of land wfiich has been so desipaied r&G impi-wed that it cmiiaks two (2) or m i r e niotile home lots fix the placement thereon of mobile homes (Planning Code).

NONCOMFORMING LOT - A lot, the area or dimension of which was lawful prior to tfie aduptiun or amendment of a zoning ordinance, but which fails to t o d m to the requirements ofthe zoning district in which it is located by reasons of such adoption or amendment (Planning Code).

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NONCONFORMING STauCTURE - 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 heretofwe or hereafler enacted, where such styuctuve lawfixlly 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

. nonconfwming structures include, but are not limited to, noncwforming s i p (Planning Code).

NONCONFORMING 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 m h use was Bawfhlly in existence prior to the enactment of' such ordinaace or men&@ or prior to the application of sucii ordmance or amendment to its location by reason of annexation (Planning Code).

OW-STREET PARKING SPACE - A private parlung space, whether or not enclosed, locdz-d offthe sidewalk and ri@-d-wq of any public or private road.

OPEN SPACE - Any area of land which is predominantly fkee of sbuctures.

PERMANENT FOUNDATION - The construction that a principal building or structure shall iw f i laee~ on, v v i ~ the exeeptiisn ofa mot& timi! in a mobile time park

PERMITTED USE - Any use of land and/or slructure(s) in a district which is in c d b r m i t y with tfie provisions of this Ordinance.

PLANNING CODE - The P v l . c m z i a Municipalities Platming Code, Act 247 of 1968, as m m & d mdlor re-enacted.

PLANNING COMMISSION - The duly appointed (by Borough Council) local p1muh.g <agency of the Borough.

PNNCIPAL USE - The maia w pfimary purpose fw which a building, other &ucture andlor land may be used, occupied or maintained under the provisions of this Ordinance.

PUEUC GROUNDS - Jncludes parks, playgrounds, bails, paths and other recreational areas and h e r public areas; sites for schools, sewage treatment, refke disposal and other publicly owned or operated facilities; and publicly owned or operated scenic and historic sites. ( P l d n g Code).

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FUBLIC HEARING - A f m a l meeting held pursuant to public notice by the governing body w plaming agency, intended to i n fwm and obtain public comment prior to taking action in accordance with this Ordinance. (Plarming Code)

PUBLIC WTPNG - A f m held pwmant to notice under Act no. SQ of 1986 known as the "Sunshine Act". ?he Sunshine Act defines ''rneetiag" as any prearranged gather& of an agency which is attended or participated in by a cfwyum of the members of an agency held for the purpose of&liberahg agency business or takmg &cial action (derived fim Planning Code).

PUBLIC NOTICE - Notice published cmce each week fm two (2) successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature afthe matter to be considered at the hearing ?he fwst publication shall not be more tfim thirty (30) days and the second publication shall not be less than seven (7) days fiom the date of the hearing (Plmming Code).

RENEWABLE 3CNlCRGY SOURCE - Any method, process OT substance whose supply is rejuvenated through nii6zt-d processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used iu fhe 5ssion and h i m processes (Flaming Code).

IUJXIRT - Any letter, review, rnemwm- compilation or similar witing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision m determination All reports shall be deemed recummendatory and advisory only and s h d not be binding upon the recipienf; board, &iccr, body or agency, nor shall any appeal lie therefiom. Any report used, received or considered by the body, board, officer or agency rendering a detemminatiun ur decision shall be made available fur inspection to

be provided at cost of reproduction (Plmni~~g Code).

4% -l:-F-& --3 t llle appIlCdIlr mu a11 o'itier patties to my p-OceeiiiI& UfrMI reqii$ Ziii copies &ereof Sbdl

RETAIL TRADE BUSINESS - Encmpasses all of the major goups in the "Retail 'Trade" Division (52-59) of the Standard In$wtrial Classification af the Fedcral O W , including: building materials a d garden supplies, general rnerchmdisc stores, food stores, automotive dealers and sewice stations, apparel and accessory stores, h i t u r e and home M s h i n g stwes, eating aud &.mktng places, and miscellaneous retail.

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SERVICE STATION - A retail place of business engaged primarily in the sale of motor fkls, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the slllfilling of motorist needs. They may hclide sale of petroleum products; sale and servicing of.tires, batteries, automotive accessories and replacement items; washing and lubrication smites; the perfmmce of minor automotive maintenance and rep&, and the supplying of other incidental customer services and prolfucts, but shall not include major auto body repairs.

SEavICES BUSINESS - Encompasses all ofthe major groups in the "Services" Divisim (70-89) and the "Agricultural Services" Major Grwp (07) of the Standard Industrial Classification of the Federal QMB, including: hotels and other lodging places, personal sewices, business services, auto repair and services and garages, miscellaneous rep& services, motion pictures, amusement and recreation services, health services, legal services, educatiwal services, social services, Museums and botanical and zoological gardens, membership organizations, private households, miscellaneous seivices, and agricultural services.

SIGN - A sign is any structure or natural object, used to state an announcement, direction or advertisement, designed to attyact the attention of the public. However, the word sign shall not include the flag, pennant or insignia of &is nation, state or political unit tbereoc

M c controls or directions.

fim &&l i; ifi&de ;egd ;a&esses of&ii;af sips my p---.--- 7 ve*m& qp-q iii'

STORY - 'Ihe portion of a building included between the d a c e of any flow and the d a c e ofthe floor nad above it, or ifthere be no floor above it, the space between such floor and the ceiling above i t

STRKET - Includes street, avenue, boulevard, road, highway, ficeway, parkway, lane, alley, viaduct and any otfier ways used or intended to be used by vehicular traffic or pe&stt-iam w%eiiier public m- pivaie ( H e c/o&).

STRUC3lJRX - Any man-made object having an asceitainable st,-tatiimaty location on or in land or water, whether or not a fked to the land (Planning Co&).

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TRANSPORTATION AND ]PUBLIC uTzL;[TIES INDUSTRY - Enccmpasses all of the major groups in the " T r ~ o r t a t i o n and Public Utilities" Divisiw (4149) of the Standard Industrial Classification of the Federal OlW, including: local and k t e d a n passenger transit., trucking and warehousing, water transportation, transportation by air, pipe lines (except natural gas), tr-wtation services, corrmuznicatio4 and electric and gas and sanitary services.

TRAVEL TRAIWER - A recreational vehicle, with wheels, desiped fw avernigbt occupancy w camping purposes, capable of being t m d by a passenger vehicle.

T R E A m FACILJTY, PLACEMENT - A service facility with any type of treatment center w residence program, whether iostilutiwal, nonprofit or otherwise, designed to provide services to treat or accommodate, in a goup care setting, two (2) or more persons required to have supervisirsn authorized by a court of law fw protection, detention, confinement or incarcer&on This facility is for reasons such as: adult or child abuse care, delinquency, drug or substance dependency, and civil OT criminal violation These facilities include: wphanages, boarding schools for troubled childre4 half-way and probation centers, Jails and prisons, etc., where stlpervision is court ordered for attendance, ur for wemi& extended stay, and/or peimanent placement.

IXXAnmn F A m l , "T - A setvice facility with any type of treatment center or residence program, whether institutional, nonprofit or otherwise, designed to provide health services to teat w accommodate, in a group care set&, two (2) m more persons in need of assistance for reasons such as: age, medal or physical handicap m disease, emutiwal ur psychological disturbance, injiny or disability. These facilities include: hospitals and clinics, geriairic and rehabilitalion centers, nursing and convalescent homes, group care and personal care homes, etc.; whae assistance is given for outpatient , ovmight, extended stay andor permanent residency.

W E l O m S m TRADE BUSINESS - Encqasses all of &e major groups in the "Wholesale Trade" division (50-51) d' the Standard Industrial Classification of &e

Federal OMB, including: wholesale trade - durable goods, and wholesale trade - nondurable gouds.

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YARD, FRONT - An open space extending the fill width of the lot between the building and the road ri&t-of-way line.

YARD, REAR - An open space exknding &e fill width of the lot between the building and the rear lot fine.

'r'ARp9, SIDE - An open space extending h m the &mt yard to &e rear yard between the building and tfic ncmest si& lot line.

ZONING CXRTIFICATE - 'Ihe written aurthwization issued the Zoning Officer for the use ofland, or buildings, or other structures.

ZONING MAP - The map containing the zoning districts of the Borough of Lake City, Erie County, Pennsylvania, together with all amendments subsequently adopted.

ZONJNG OFFICER - The duly appointed (by Hwough Council) land use ordinance administrator of the Bwou&

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