Jenkins Township Zoning Ordinanceelibrary.pacounties.org/Documents/Luzerne_County/1600... · 2012. 5. 2. · section 1.000 general provisions -l i i i i i zoning ordinance jenkins

Jenkins Township

Zoning Ordinance

Adopted October 21, 1998

Board of Supervisors

Russel Amone, Chairman Coreen Milazzo, Ph.D.

Mike Lieback

Township Manager Joseph Noone

Harry D. Lindsay & Asso’uates Planning & Development Consultants

ZONING ORDINANCE

JENKINS TOWNSHIP

TABLE OF CONTENTS

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ARTICLE 1 GENERAL PROVISIONS ...................................... 1 1.100 APPLICATION OF ORDINANCE ........................................... 1

. 1.200 COMMUNITYDEVELOPMENTOBJECl'IVES .... 1 ...................... 2 1.300 SHORT TITLE ................................................................... 2

ARTICLE 2 DEFINITIONS AND INTERPRETATION OF LANGUAGE ................................................................... 3

2.100 INTERPRETATION OFLANGUAGE ...................................... 3 2.200 DEFINITIONS ................................................................... 3

ARTICLE 3 ESTABLISHMENT OF ZONING DISTRICTS ............... 38 3.100 NAMES AND PURPOSE OF ZONING DISTRICTS ..................... 38 3.200 OFFICIAL ZONING MAP ..................................................... 38 3.300 INTERPRETATION OF BOUNDARIES .................................... 39 3.400 CLASSIFICATION OFANNEXEDLANDS ............................... 39

ARTICLE 4 ZONING DISTRICT REGULATIONS ........................ 40 '4.100 PRIMARY REGULATIONS .................................................. 40

4.101 Regulations Governing the Use of Land (Table 1) ................. 40 4.102 Regulations Governing the Size of Lots. Yards. and Buildings (Table 2) ............................................................. 40

4.200 USES IN ZONING DISTRICTS .............................................. 40 4.20 1 Principal Permitted Uses ............................................... 40 4.202 Accessory Uses ......................................................... 40 4.203 Special Exceptions ...................................................... 40 4.204 Conditional Uses ........................................................ 41

4.300 PROVISION FOR ADDING USES TO ZONE DISTRICTS .............. 41 ARTICLE 5 NONCONFORMING USES AND BUILDINGS .............. 42

5.100 STATEMENT OF INTENT .................................................... 42 5.200 5.300 5.400

ARTICLE 6.100

CONTINUATION OF USE .................................................... 42 REGISTRATION OF NONCONFORMING USES ........................ 43

REGULATION OF NONCONFORMING USES .......................... 43 5.401 Enlargement ............................................................. 43 5.402 Repairs and Maintenance ............................................... 43 5.403 Displacement and Change of Use .................................... -43 5.404 Restoration ............................................................... 44 5.405 Termination ............................................................. -44 5.406 Approval Granted Prior to Passage of Ordinance ................... 44 6 SUPPLEMENTAL REGULATIONS ........................... 45 SUPPLEMENTAL REGULATIONS GOVERNING THE SIZE OF

LOTS. YARDS AND BUlLDINGS ................................................... 45

6.102 Height Limitations., .................................................... 45 6.103 Lot Area Regulations ................................................... 45 6.104 Yard Regulations ........................................................ 46

Two or More Buildings on a Lot ...................................... 47

6.101 Existing Nonconforming Lots in Residential Zone Districts ....... 45

6.105

6.106 Visibility at Street Intersections ....................................... 47 6.107 Public Utilities Poles ................................................... 47 6.108 Through Lots ............................................................ 47 6.109 Accessory Structures and Uses ....................................... 48

6.200 APPROPRIATE PUBLIC USES .............................................. 48 6.201 Appropriate Public Uses ............................................... 48

6.301 Commercial Recreation Uses ......................................... -49 . 6.302 Outdoor Recreation Facilities .......................................... 49

6.400 CONVERSIONS IN RESIDENTIAL DISTRICTS ......................... 49 6.500 OFF STREETLOADING AND PARKING ................................. 50

6.501 Off Street Loading (Table 3) .......................................... 50 6.502 Off-street Parking (Table 4) .......................................... 5 1 6.503 Development of Parking Lots and Loading Areas .................. 53

6.601 General Regulations for Signs ........................................ 55 6.602 Signs in Residential and Conservation Districts (Table 5) ......... 56 6.603 Business Signs in B-1 and B-2 Zone Districts ...................... 57 6.604 Advertising Signs and Billboards ..................................... 58

6.700 REGULATIONS APPLYING TO OTHER USES .......................... 59 6.701 Animal Hospital and Boarding Kennels .............................. 59 6.702 Home Occupations ...................................................... 59 6.703 Junk Yards, Salvage Yards and Similar Storage Areas ............ 60 6.704 Excavation Operations .................................................. 61 6.705 Animals, Poultry and Gardening ...................................... 64 6.706 Buffer Yards ............................................................. 64 6.707 Swimming Pools ........................................................ 65 6.708 Adult Entertainment Use .............................................. -66 6.709 Motor Vehicle Access .................................................. 66 6.710 Trailers, Mobile Homes and Mobile Home Parks .................. 66 6.7 1 1 Cemeteries, Crematories and Mausoleums .......................... 68

6.713 Group Home and Resident Facilities for Mentally Retarded ....... 69 6.7 14 Day Care Center, Private Nurseries and Kindergartens ............ 69 6.715 Family Day Care Homes ............................................... 70

6.7 17 Planned Residential Developments .................................. - 7 1

6.300 RECREATIONAL USES ....................................................... 49

6.600 SIGNS ............................................................................ 54

6.712 Solid Waste Facilities ................................................... 68

6.716 Satellite Earth Stations .................................................. 71

ARTICLE 7 ADMINISTRATION AND ENFORCEMENT ................. 7 4 7.100 GENERAL PROCEDURE ..................................................... 74

7.101 Sequence of Permit Steps .............................................. 74 7.102 Zoning Permit Types ................................................... 74

7.200 ZONING OFFICER ............................................................. 75 7.201 Appointment ............................................................. 75 7.202 Administration and Enforcement ..................................... -76

7.300 ZONING HEARING BOARD ................................................. 77 7.301 Creation of Zoning Hearing Board ................................... 77 7.302 Appointment and Terms of Members ................................. 77 7.303 Duties and Powe rs ...................................................... 77 7.304 Referral to Planning Commission ..................................... 78 7.305 Removal of Members ................................................... 79

7.400 PERMITS AND CERTIFICATES ............................................ 79 7.401 Zoning Permits .......................................................... 79 7.402 Occupancy Permits ..................................................... 80

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7.500 APPEALS ........................................................................ 80 7.50 1 Appeal from Decision of Zoning Officer ............................. 80 7.502 Expiration of Appeal Decision ......................................... 81 7.503 Appeal from Decision of Zoning Hearing Board .................... 81

7.505 Information Required on Appeals to the Zoning Hearing Board ............................................................................. 82

7.600 VARIANCES .................................................................... 82 7.601 Zoning Hearing BoardMay Authorize Variance ..................... 82

7.504 Stay of Proceedings .................................................... 81

7.602 Purpose of Variance ...................................................... 82 7.603 Required Showing for Variances ...................................... 83

7.700 PUBLIC HEARINGS TO BE HELD BY ZONING HEARING BOARD .................................................................................... 83

7.701 Public Notice ............................................................. 83 7.702 Notice of Appellant ..................................................... 83 7.703 Notice to Local Officials ............................................... 84 7.704 Notice to Interested Parties ............................................ 84 7.705 Notice to Owner and Neighbors ...................................... 84 7.706 Conduct of Hearings and Related Procedures ....................... 84

7.800 AMENDMENTS ................................................................. 85 7.801 Public Hearing .......................................................... 86 7.802 Review by Planning Commission .................................... 86 7.803 Opportunity to be Heard ............................................... 86

7.900 ENFORCEMENT AND VIOLATIONS ...................................... 86 7.901 Enforcement ............................................................. 86 7.902 Initiation of Appropriate Action ....................................... 86 7.903 Enforcement Remedies ................................................. 86 7.904 Actions Initiated Prior to Passage of Ordinance ...................... 87 7.905 Fees ....................................................................... 87

ARTICLE 8 INTERPRETATION AND VALIDITY ......................... 89 8.100 INTERPRETATION ............................................................ 89

8.300 REPEALER ...................................................................... 89 8.400 EFFECTIVE DATE ............................................................. 89

8.200 SEPARABILlTY ................................................................ 89

List of Illustrations

Figure 1 . Accessory Structure

Figure 2 . Block

Figure 3 . Building Coverage

Figure 4 . Building Height

Figure 5 . Cluster Subdivision

Figure 6 . Semi-detached Dwelling

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Figure 7 - Dwelling, Single-Family Detached

Figure 8 - Dwelling, Single-Family Attached (Townhouse)

Figure 9 - Dwelling, Two-Family Semi-Detached (Double)

Figure 10 - Flag Lot

Figure 1 1 - Flood Plain

Figure 12 - Floor Area Ratio

Figure 13 - Garden Apartments

Figure 14 - Impervious and Pervious Surfaces

Figure 15 - Open Space Ratio

Figure 16 - Parking Area

Figure 17 - Parking Area Dimensions

Figure 18 - Yard Lines

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Section 1.000 General Provisions -L

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ZONING ORDINANCE

JENKINS TOWNSHIP

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ORDAINING CLAUSE

AN ORDINANCE REGULATING AND RESTRICTING THE USE OF LAND, WATERCOURSES AND OTHER BODES OF WATER, THE HEIGHT, NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THEIR CONSTRUCTION, ALTERATION, EXTENSION, REPAIR, MAINTENANCE, RAZING OR REMOVAL, AND ALL FACILITIES IN OR ABOUT SUCH BUILDINGS AND STRUCTURES, THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE SIZE, DEPTH AND WIDTH OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION AND INTENSITY OF USE AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, MANUFACTURING, RESIDENCE AND OTHER PURPOSES: ESTABLISHING REGULATIONS FOR CONTROL OF EXISTING JUNK YARDS: ESTABLISHING DISTRICTS AND THE BOUNDARIES THEREOF FOR SAID PURPOSES AND PROVIDING FOR THE APPOINTMENT OF A ZONING HEARING BOARD AND SETTING FORTH THE DUTIES AND FUNCTIONS OF SAID BOARD PROVIDING FOR SPECIAL EXCEPTIONS AND VARIANCES ADMINISTERED BY SAID BOARD: PROVIDING FOR CONDITIONAL USES TO BE ALLOWED OR DENIED BY THE GOVERNING BODY: AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE AND PENALTIES FOR VIOLATION THEREOF.

BE IT ORDAINED AND ENACTED BY THE SUPERVISORS OF JENKINS TOWNSHIP, PENNSYLVANIA, AS FOLLOWS:

ARTICLE 1 GENERAL PROVISIONS

1.100 APPLICATION OF ORDINANCE

No building, structure, or land shall be used or occupied, nor shall any building or structure or part thereof be constructed, erected, moved, enlarged or structurally altered unless in conformity with the regulations of this ordinance.

The interpretation of the regulations of this ordinance is intended to be such that, whenever its requirements are at variance with any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants which refer particularly to

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Section 1.000 General Provisions -L

the area and bulk regulations and which impose higher standards, the most restrictive requirements shall govern.

In no case shall any land use be permitted unless it provides for the protection of the health, general welfare and property of any person and the protection of the environment in which it is located by the control, abatement, reduction and prevention of excessive noises and/or vibrations, the pollution of the air by smokes, dusts, fumes, gases, odors, mists, vapors, pollens and similar matter, or any combination thereof, as finally determined by the Department of Environmental Protection of the Commonwealth of Pennsylvania.

1.200 COMMUNITY DEVELOPMENT OBJECTIVES

This ordinance is designated to accomplish the following objectives:

1.201 To promote, protect and facilitate the public health, safety and general welfare and to make provisions for adequate community facilities and utilities.

1.202 To prevent loss of life, health or property from fire, panic, floods and other dangers or disasters;

1.203 To provide adequate light and &,

1.204 To prevent the overcrowding of land;

1.205 To avoid undue concentration of population;

1.206 To lessen traffic congestion in the streets and to determine the proper location and function of streets.

1.207 To promote, protect and facilitate the adequate provision of the following: vehicle parking and loading areas, transportation system, water supply, sewerage disposal, schools, open space, parks and other public facilities.

1.208 To encourage the development of land in an energy efficient manner and in accordance with an overall land use control program which considers the character of the community and the suitability of the land area for particular uses and structures;

1.209 To encourage the conservation and protection of our natural resources and uses particularly including our overall water supply through minimal disturbance and protection of our surface and ground water recharge areas.

1.300 SHORT TITLE

This Ordinance shall be known and cited as the Jenkins Township Zoning Ordinance.

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Section 2.000 Definitions - -L

ARTICLE 2 DEFINITIONS AND INTERPRETATION OF LANGUAGE.c.ARTICLE 2 DEFINITIONS AND INTERPRETATION OF LANGUAGE;

2.100 INTERPRETATION OF LANGUAGE

For the purpose of this Ordinance, the following words and phrases shall have the - meaning assigned to them:

2.101 Words used in the present tense include the future. The singular number includes the plural and the plural the singular.

2.102 The word "shall" is always mandatory.

2.103 The word "building" shall include the word "structure" and any portion of the building or structure.

2.104 The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for" or "occupied for".

2.105 The word "person" includes an individual, partnership, corporation, incorporated, association or any other similar entity.

2.106 The word "includes" or "including" shall not limit the term of the specified example, but is intended to extend its meaning to other instances of like, kind and character.

2.200 DEFINITIONS

The following words and phrases shall have the meanings assigned to them in this section as follows:

ABANDONED OR JUNKED VEHICLES: Any one or more of the following, provided that a vehicle under repair which is bona fide and is intended for further use shall not be deemed within the following:

a. A vehicle for which a certificate of junk has been issued by the Pennsylvania . Secretary of Revenue or the official designated by any other state to issue such certificates;

b. Any vehicle in or on which it is found that any of the following conditions exist:

1) Its engine or motor or essential motor parts have been removed for more

2) Its tires or any tire has been deflated or its wheels have been removed for

than thirty (30) days;

more than seven (7) days;

3) It bears no official inspection sticker or any such sticker is not current by more than thuzy (30) days and is not in operating condition. See JUNK YARD. See Section 6.703.

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Section 2.000 Definitions

ABANDONMENT: The relinquishment-of property, or a cessation of the use of the property, by the owner or lessee for one year without any intention of transferring rights to the property to another owner or of resuming the use of the property.

ABUT: To physically touch or border upon; or to share a common property line but not

ACCESS DRIVE: A paved surface, other than a street, which provides vehicular access

overlap. See ADJOINING LOT OR LAND; CONTIGUOUS

from a street or private road to a lot. See Section 6.709.

ACCESSORY STRUCTURE OR BUILDING: A building or structure subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the main building. See Section 6.109. (Refer to Figure 1).

/ \ Figure 1 - Accessory Structure

ACCESSORY USE OR ACCESSORY: See Section 6.109.

(a) A use conducted on the same lot as a principal use to which it is related, and located either within the same structure or in an accessory structure or as an accessory structure or as an accessory use of land; except that off-street parking need not be located on the same lot. An accessory use must conform to the uses and requirements specified for the zone district.

(b) principal use, and

Clearly incidental to, and customarily found in connection with a particular

(c) Either in the same ownership as such principal use or operated and maintained on one lot with such principal use for the express benefit of its owner, employees, customers or visitors.

An accessory use includes:

(a) commercial or industrial uses.

Residential accommodations for caretakings of institutions and large

(b) Keeping of domestic animals, but not for sale or hire.

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Section 2.000 Definitions -L

(c) Swimming pools whose use is restricted to the occupants of the principal use and guests for whom no admission or membership fee is charged. See Section 6.707.

(d) or similar structure.

Domestic or agricultural storage customarily found in barn, shed, tool room

(e) In connection with permitted commercial or manufacturing uses, the storage - of goods normally carried in stock, used in, or produced by such uses, unless the storage is expressly prohibited under the applicable district regulations. The floor area used for such accessory storage area shall be included in the maximum floor area permitted for the specified use.

( f ) The removal for sale or otherwise of loam, clay, sand, gravel, or stone in connection with the construction of a building or other structure on the same lot, or in connection with grading said lot.

(g) Accessory off-street parking spaces, open or enclosed.

(h) Accessory off-street loading berths.

(i) Accessory signs.

(i) Accessory radio or television antennas.

(k) Home occupation.

ADJOINING LOT or LAND: A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. See ABUT; CONTIGUOUS.

ADULT BOOKSTORE: See ADULT ENTERTAINMENT USE. See Section 6.708.

ADULT ENTERTAINMENT USE: See Section 6.708. An establishment consisting of, including, or having the characteristics of any or all of the following:

1. ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

2. ADULT CABARET - (1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas: (2) a cabaret that features topless dancers, go- go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.

3. ADULT MINI MOTION PICTURE THEATER - An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

4. ADULT MOTION PICTURE THEATER - An enclosed building with a capacity for fifty or more persons used for presenting material distinguished or characterized

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by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

AGRICULTURE: The use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry, husbandry, and necessary accessory uses for farm homes, and packing, treating or storing the produce provided, however, that the operation of any such accessory uses shall be secondary to that of normal agriculture activities, and provided further that the above uses shall not include commercial hog farms, fur farms, fertilizer plants or sale of fertilizer, feed stores, tanneries, and similar objectionable uses.

AIR POLLUTION: The presence in the outdoor atmosphere of any fonn of contaminant in such place, manner, or concentration inimical of which may be inimical to the public health, safety, or welfare or which is, or may be injurious to human, plant, or animal life, or to property, or which unreasonably interferes with the comfortable enjoyment of life or property.

AISLE: The traveled way by which cars enter and depart parking spaces. See Section 6.500. (Refer to Figure 16 and Figure 17).

ALLEY: A minor way, which may not be legally dedicated, used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

ALLUVIAL SOILS: Areas subject to periodic flooding. See FLOOD PLAIN.

ALTERATION:

(a) All incidental changes or replacements in the non-structural parts of a building or other structures,

(b) Minor changes or replacements in the structural parts of a building or other structure, limited to the following examples and other of similar character or extent:

residential buildings provided no additional dwelling units are created thereby.

structures.

1. Alteration of interior partitions to improve livability in non-conforming

2. Alteration of interior partitions in all other types of buildings or other

3. Making windows or doors in exterior walls.

4. Strengthening the load bearing capacity of a floor to permit accommodation of a specialized unit of machinery or equipment, but not over an area which exceeds ten percent of total floor area.

AMENDMENT: A change in use in any district which includes revisions to the zoning text and/or the official zoning map; and the authority for any amendments lies solely with the municipal governing body.

Establishments engaged in providing for a fee and including such activities as dance halls; studios; theatrical productions, bands, orchestras, and other musical entertainment; bowling alleys and billiard and pool establishments; commercial facilities, such as arenas, rings,

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AMUSEMENT AND RECREATION SERVICES:

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Section 2.000 Definitions 4

rinks, and racetracks; public golf courses; coin-operated devices; amusement parks; membership sports and health clubs; amusement and bathing beaches; swimming pools; riding academies; carnival operations; expositions; game parlors; and horse shows.

AMUSEMENT GAME MACHINES: A coin-operated machine or device which, whether mechanical, electrical, or electronic, shall be ready for play by the insertion of a coin, any may be operated by the public for use as a game, entertainment or

- amusement, the object of which is to achieve a high of low score, which by comparison to the score of other players whether playing concurrently or not, demonstrated relative skill or competence, or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence. It shall include devices such as pinball machines or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities.

AMUSEMENT MACHINES, OTHER: A coin-operated machine or device, not including amusement games, which provide a ride, sensation, electronic reading or weight, photograph, lamination or item of merchandise provided at random among other items of merchandise, for use by and to the amusement of the public.

AMUSEMENT MACHINE COMPLEX: A group of more than two amusement games or other amusement machines, in the same place, location or premises.

AMUSEMENT PARK: A facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales.

ANIMAL HOSPITAL: A building used for the treatment, housing, or boarding of small domestic animals such as dogs, cats, rabbits and birds or fowl by a veterinarian. See Section 6.701 and 6.705.

ANIMAL KENNEL: Any structure or premises in which animals are boarded, groomed, bred, or trained for commercial gain. See Section 6.701 and 6.705.

ANIMATED SIGN: See SIGN. See Section 6.600.

ANTENNA: A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures. See SATELLITE EARTH STATION. See Section 6.716.

APARTMENT CONVERSION: A multi-family dwelling constructed by converting an

APARTMENT BUILDING: A building occupied by three (3) or more dwelling units.

existing dwelling into apartments for two or more families.

See DWELLING, MULTI-FAMILY. Refer to Figure 8 and Figure 13.

APARTMENT, GARDEN: See DWELLING, GARDEN APARTMENT.

APARTMENT, HIGH-RISE: See DWELLING HIGH-RISE.

APARTMENT HOUSE: A structure containing three or more dwelling units. See DWELLING, MULTI-FAMILY.

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Section 2.000 Definitions -.L

APPLICANT: A person submitting an application for development. See PERSON.

APPLICATION FOR DEVELOPMENT: The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review purposes.

APPURTENANCES: The visual, functional, or ornamental objects accessory to and part of buildings.

AUTOMATIC CAR WASH: A building on a lot, designed and used primarily for the washing and polishing of automobiles and which may provide accessory services as set forth herein for Automobile Service Stations.

AUTOMOBILE: A self-propelled, free-moving vehicle, primarily for conveyance on a street or roadway.

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

AUTOMOBILE SALES: An open lot, used for the outdoor display or sales of new or used automobiles, or recreation vehicles, and where minor and incidental repair work (other than body and fender) may be conducted as an accessory use.

AUTOMOBILE SERVICE STATION: A building on a lot or part thereof, that is used primarily for the retail sale of gasoline, oil, other fuel, and which may include facilities used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing automobiles and other vehicles. In addition, service stations may sell food and similar convenience goods as accessory or appurtenant to the principal use.

AUTOMOBILE WRECKING YARD: The dismantling or wrecking of used automobiles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. See JUNKYARD. See Section 6.703.

AVERAGE SETBACK: The mean setback from a street right-of-way of buildings on both sides of a lot.

BANKS: A financial institution insured by the FDIC or comparable agency.

BAR: Premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.

BASEMENT: A space having one-half or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and a half feet.

BILLBOARD: See SIGN, BILLBOARD. See Section 6.600.

BLOCK: (Refer to Figure 2) A tract of land bounded by any combination of the following:

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Section 2.000 Definitions 4

(a) Streets

(b) Publicpark

(c)

(d)

(e) Waterways

Railroad right-of-way, excluding siding and spurs

Corporate boundary lines of the municipality

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Figure 2 - Block

BOARD: The Zoning Hearing Board of the municipality.

BOARDING HOUSE: A building, where for compensation, provisions are made for lodging and meals for at least three (3) but not more than fifteen (15) persons. Shall also including dormitories whether or not such include cooking facilities. See Rooming House.

BUFFER YARD: A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. See Section 6.706.

BUILDING: Any structure permanently affixed to the land having a roof supported by columns or walls used for shelter or enclosures. When divided into separate parts by one or more walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements. See Structure.

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BUILDING AREA: The total area taken on a horizontal plane at the level of the ground surrounding the main building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

BUILDING COVERAGE: The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area. (Refer to Figure 3)

Figure 3 - Building Coverage

BUILDING HEIGHT: The vertical distance measured from the average level of finished grade along all the exterior walls of a building to:

(a) The highest point of the roof, in the case of a flat roof;

(b) The mid point of the roof between the ridge and eave, in the case of a pitched roof.

(c) The highest point on any structure which rises wholly or partly above the roof line, and whose area equals or exceeds 20 percent of the ground floor area of the building which supports it. See Article 4, Table 2. (Refer to Figure 4).

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Section 2.000 Definitions -c

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Figure 4 - Building Height

BUILDING, LINE: A line parallel to the front, side, or rear lot line set so as to provide the required yard. (Refer to Figure 3)

BUILDING, PRINCIPAL: A building which contains the principal use of the building site on which it is situated. In a residential district a dwelling is a principal building on the zone lot. (Refer to Figure 1)

BULK: The term used to describe the size of buildings or other structures and their relationship to one another to open areas such as yards, and to lot lines. The term bulk, therefore, includes:

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Section 2.000 Definitions &

(a) The size, including height and floor area, of the building or other structure.

(b) The relation of the number of dwelling units in a residential building to the area of the lot.

(c) The relation of buildings and other structures to areas in open yards.

BULK FUEL STORAGE: The storage of hazardous liquids or gases. The construction and installation of such facilities shall be reviewed and approved by appropriate federal and state agencies.

CAMP: Any one or more of the following, other than a hospital, place of detention, school offering general instruction, or a mobile home park.

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

2. Any land and buildings thereon, used for any assembly of persons for what is commonly known as "day camp" purposes, whether or not conducted for profit and whether occupied by adults or children, either as individuals, families, or groups.

CAMP GROUND: A parcel of land used by campers for seasonal, recreational, or other similar temporary living purposes, in buildings, of a movable, temporary, or seasonal nature, such as cabins, tents, or shelters, but not including a mobile home camp, court or park.

CARPORT: A roofed accessory building open on not more than three (3) sides which is attached to the main building or accessory building and primarily designed or used for parking motor vehicles.

CELLAR: A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the required number of stories. (Refer to Figure 4).

CLUSTER SUBDIVISION: A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas, or agriculture. (Refer to Figure 5).

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Figure 5 - Cluster Subdivision

COMMISSION OR PLANNING COMMISSION: The Planning Commission of Jenkins Township.

CONDITIONAL USE: A special exception (see definition) which falls within the jurisdiction of the goveming body ratherthan the Zoning Hearing Board. (See Section 4.204).

CONDOMINIUM: A condominium is an ownership arrangement, not a land use; therefore, it is allowed in specific zone districts and under the same restrictions as the residential land uses that is comprises. A condominium shall not negate lot or other requirements intended to provide adequate light, air, and privacy.

A condominium is a dwelling unit which has all of the following characteristics:

1. The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.

2. The unit may be any permitted dwelling type.

Page 13


3. All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Unit Property Act of July 3, 1963, P.L. 196 and in accordance with the provisions for open space, roads, or other development features as specified in this ordinance and the subdivision and land development regulations.

CONSTRUCTION: Any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for public rights-of-way, structures, utilities or similar property.

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

COURT, INNER: A court which dues not extend to a street, alley, yard or outer court.

COURT, OUTER: A court which extends to a street, alley, yard, or other outer court.

COVERAGE: The percentage of the plot or lot area covered by the area of all buildings and structures thereon. See FLOOR AREA RATIO, IMPERVIOUS SURFACES. (Refer to Figures 12 and 14).

CURB LEVEL: The officially established grade of the curb in front of the mid-point of the lot.

DAIRY: A commercial establishment for the manufacture or processing of dairy products.

DAY CARE CENTER: A facility in which care is provided for seven (7) or more children, at any one time, where the child care areas are not being used as a family residence. A child is a person under 16 years of age. (See section 6.714)

DEMOLITION: A dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.

DENSITY: Density is a measure of the number of dwelling units per acre of area. It shall be expressed in dwelling units per acre.

1. Density, Gross: This is the maximum density that may be permitted in any zoning district. It is calculated by dividing the total number of dwelling units by the Bass Site Area.

2. Density, Net: This is the maximum density permitted on the buildable portion of the site. All tracts of land within a district may be developed to the same net density. Net density is calculated by dividing the total number of dwelling units by the Net Buildable Site Area. This density controls actual site capacity.

DETACHED BUILDING: One which has yards on all four sides.

DISTRICT: A portion of the temtory of the municipality within which certain uniform regulations and requirements apply under the provisions of this Ordinance.

DOG KENNEL: A structure for keeping three (3) or more dogs that are more than six (6) months old.

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I I II I I I I I I I 3 1 I I I I I I I


DRIVE-IN COMMERCIAL USES: Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.

DUMP: A parcel of land or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purposes of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind but not including approved sanitary land fill

DWELLING OR RESIDENTIAL STRUCTURE: ~ n y structure containing one or more rooms providing sleeping and sanitary facilities, not including a motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boarding house or similar structure.

- disposal.

DWELLING, MULTI-FAMILY: A detached residential building containing three (3) or more dwelling units, including what is commonly known as an apartment building, town house, row house, or garden apartments. (Refer to Figures 8 and 121 IJ/.

DWELLING, SEMI-DETACHED: A dwelling that is:

(a) (b)

Surrounded on three sides by yards. Located so that one wall is on or adjoins a side lot line, and abuts on the neighboring house.

Figure 6 - Semi-detached Dwelling

DWELLING, SINGLE FAMILY, DETACHED: A dwelling used by one (1) family, having only one (1) dwelling unit and having two (2) side yards. (Refer to Figure 7).

Page 15


rn

Figure 7 - Dwelling, Single-Family Detached

DWELLING, SINGLE FAMILY, ATTACHED (ROW HOUSES AND TOWN HOUSES): A dwelling unit having a common or party wall separating dwelling units in the same building. (Refer to Figure 8).

7 i i

Figure 8 - Dwelling, Single-Family Attached (Townhouse)

DWELLING, TWO FAMILY, DETACHED (DUPLEX): A dwelling used by two (2) families, with one dwelling unit arranged over the other and having two (2) side yards (duplex).

DWELLING, TWO-FAMILY, SEMI-DETACHED (DOUBLE) : A dwelling used by two (2) families, with one dwelling unit arranged next to the other, having one side yard, and one party wall in common with another dwelling unit. (Refer to Figure 9).

Page 16

' I I I I I I

I I I


I ..-..---/

i

_.-..- .. I i

Figure 9 - Dwelling, Two-Family Semi-Detached (Double)

DWELLING UNIT: One or more rooms for living purposes, together with separate cooking and sanitary facilities used or intended to be used by one or more persons living together and maintaining a common household, and accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.

ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITIES: Electric public utilities transmission distribution facilities including substations.

physical trauma or property damage which demands immediate action. EMERGENCY: Any occurrence or set of circumstances involving actual or imminent

ENLARGEMENT: An addition to the floor area of an existing building or an increase of a tract of land into a contiguous tract of land.

ENTERTAINMENT FACILITIES: Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals, and related uses.

ESSEhTIAL SERVICES: The construction or maintenance, by public authorized cable television companies or governmental agencies, of gas, solid waste, electrical, telephone, sewage, or water distribution systems. These include equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment which conform to the height regulations of the district in which they are proposed; except that buildings and electric substations are excluded.

FAMILY:

(a) maintaining a household, or

A single competent and responsible person occupying a dwelling unit and

(b) A household head and one or more other persons related by blood or marriage, occupying a dwelling unit, living together and maintaining a common household, or

Page 17


(c) Two or more but not in excess of five unrelated competent responsible persons, at least one of whom shall be an adult occupying a dwelling unit, living together and maintaining a common household.

FAMILY DAY CARE HOME: Any premise other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time for up to four (4) children, who are not relatives of the care-giver. (See 6.715)

FARM: Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry, or dairy products, including necessary farm structures within the prescribed limits and the storage of equipment customarily incidental to the primary use. For the purpose of this Ordinance, a f a m shall not include the raising of fur bearing animals, riding academy, livery or boarding stables or dog kennels.

FLAG LOT: A large lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway. (Refer to Figure 10)

Figure 10 - Flag Lot

FLOOD: A temporary inundation of normally dry land areas.

FLOOD FRINGE: That portion of the flood plain outside the floodway. (Refer to Figure 11).

FLOOD PLAIN: (1) A relatively flat or low land area adjoining a river, stream, or water source which is subject to partial or complete inundation; (2) an area subject to the unusual and rapid accumulation or runoff of surface waters from any source. (Refer to Figure 11).

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


I - I I I -

Figure 11 - Flood Plain

FLOODWAY: The designated area of a flood plain required to carry and discharge flood waters of a given magnitude. For the purposes of this ordinance the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude. (Refer to Figure 11).

FLOOR AREA: The sum of the gross area of the several floors of a building or buildings measured from the face of exterior walls or from centerlines of walls separating two buildings. In particular, floor area includes:

(a) Basement space, except such enclosure as does not have any windows on exterior walls.

(b) Elevator shafts, stairwells, and attic space (whether or not a floor has been laid) providing structural headroom of eight feet of more.

(c) Roofed terraces, exterior balconies, breezeways or porches, provided that over 50 percent of the perimeter of these is enclosed.

(d) Any other floor space used for dwelling purposes, no matter where located within a building.

(e) Accessory buildings, excluding space used for accessory off-street parking or for loading berths.

(0 Any other floor space not specifically excluded, except space used for air conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.

FLOOR AREA, HABITABLE: The sum of the horizontal areas of all rooms used for habitation, such as living room, kitchen, or bedroom, but not including hallways, stairways, cellars, attics, service rooms, or utility rooms, bathrooms, closets, nor unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court.

FLOOR AREA RATIO: The total floor area allowable on a given lot, divided by the area of that lot. (For example, a building contain 15,000 sq. ft. of floor area on a

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Section 2.000 Definitions I-).

given lot of 10,OOO sq. ft. of lot area has floor area ration of 1.5). (Refer to Figure 12).

Figure 12 - Floor Area Ratio

FOOD PROCESSING: The manufacturing of food products for the purpose of resale.

FOREST: Areas, groves, or stands of mature or largely mature trees (Le., greater than 6 inches caliper) covering an area greater then one-quarter acre; or groves of mature trees (greater then 12 inches caliper) consisting of more then 10 individuals.

GARAGE, PRIVATE:

(a)’ Accessory to a principal building, either attached to it or separate, and

(b) Used for storage purposes, and other personal uses of an owner, or tenant.

GARAGE, PUBLIC: Any enclosed or covered space other than a private garage, which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.

GARDEN APARTMENTS:

(a) Free-standing multiple dwellings, not more than three (3) stones in height, in which not less than two and not more than four dwelling units per floor are served by one staircase. (Refer to Figure 13).

(b) Designed to afford a maximum amount of common open space per family.

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I I

m


1

Figure 13 - Garden Apartments

GARDENING: The cultivation of herbs, fruits, flowers, or vegetables, excluding the keeping of livestock.

GENERAL NUISANCE: Any use considered to be inconsistent with the public comfort, convenience, health, safety, and general welfare. The following factors are included:

(a) Fire and explosion hazards.

(b) Electrical and radioactive disturbances.

(c) Noise and vibration.

(d) Dust, dirt, fly ash.

B (e) Glare.

( f ) Smoke, odors.

I

(g) Other forms of noise and air pollution not listed above.

GRADE, FINISHED: The completed surfaces of lawns, walks, and roads brought to grades as shown on officials plans or designs relating thereto. (Refer to Figure 4).

GROUP HOME: A facility established for the purpose of sheltering unrelated persons not constituting a family. Such facilities shall be under the constant supervision of competent, responsible, qualified persons. For the purpose of this Ordinance, shelters for battered women shall be considered group homes. Facilities for rehabilitation of criminal offenders shall not be considered group homes. See Section 6.713.

GOVERNING BODY: The Board of Supervisors of Jenkins Township.

HEIGHT OF SIGN: The vertical distance measured:

(a) From ground level to the highest point on the sign itself andor its supporting structure.

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Section 2.000 Definitions - *

(b) Along the face of the sign or its supporting frame from lowest point to highest.

HOME OCCUPATION: See Section 6.702. An accessory use which:

(a) Is clearly incidental or secondary to the residential use of the dwelling unit, or

(b) Is customarily carried on within a dwelling unit or accessory building by one or more occupants of such dwelling unit, except that, professional practices or other offices whose operations require supplementary secretarial, clerical, accounting or drafting skills, one person not residing in such dwelling may be employed.

(c) Does not include the housing, care or education etc., of persons who normally would be subject to institutionalization for mental, physical, criminal or like reasons.

In connection with the operation of a home occupation it shall not be permitted:

(a) To sell articles produced elsewhere than on the premises.

(b) To have exterior displays of goods visible from the outside.

(c) To store materials or products outside a principal or accessory building or other structure.

(d) To make external alterations which are not customary in residential buildings.

(e) To produce offensive and disturbing noise, smoke, odor or other objectionable affects.

HOSPITAL: A place for the diagnosis, treatment, or other care of humans and having facilities for inpatient care including such establishments as a sanatorium or a sariitarium.

HOTEL: A building designed for occupancy as a temporary residence of individuals who are lodged with or without meals. No cooking is provided in any individual room or suites but restaurants, cocktail lounges, banquet halls, ballrooms and meeting rooms are permitted as accessory uses.

IMPERVIOUS SURFACES: Impervious are those that do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces. (Refer to Figure 14).

Page 22

I'

l a


Figure

I 14 - Impervious and Pervious Surfaces

INDUSTRY, HEAVY: A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing process that potentially involve hazardous or commonly recognized offensive conditions.

INDUSTRY, LIGHT: A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

JUNK: Junk includes scrap metals and their alloys, bones, used materials and products (such as rags and cloth, rubber, rope, tinfoil, bottles, old tools and machinery, fixtures and appliances, lumber, boxes or crates, pipe and pipe fittings), and other manufactured goods as to make them unusable in their existing condition, but are not subject to being dismantled.

JUNK YARD: See Section 6.703. Junk yards consist of buildings or premises where junk, waste, discarded or salvage materials are bought, sold, stored, packed, or handled. Junk yards include automobile wrecking yards, house wrecking, and structural steel materials and equipment. The purchase or storage of used furniture, household equipment, and used cars in operable condition, are not included but the keeping or storage of two (2) or more automobiles not under registration or not operable will constitute a junk yard in the sense of this Ordinance. See ABANDONED OR JUNKED VEHICLES.

LAKES AND PONDS: Natural or artificial bodies of water which retain water year- round. Artificial ponds may be created by dams, or may result from excavation. The shoreline of such water bodies shall be measured from the maximum condition

Page 23


rather than permanent pool if there is any difference. Lakes are bodies of water two (2) or more acres in extent. Ponds are any water body less than (2) acres in extent.

LAND DEVELOPMENT: Shall mean any of the following activities:

(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(i) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(ii) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, apartments, building groups or other features.

(2) A subdivision of land.

(3) The tern land development shall exclude the following activities:

(i) the conversion of an existing single-family detached dwelling or single family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium;

(ii) the addition of an accessory building, including fann buildings, on a lot or lots subordinate to an existing principal building; or

(iii) the addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this ordinance, an amusement park is defined as a tract or area used pr@cipally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

LANDOWNER: The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such operation or contract is subject to any condition), a lessee having a remaining term of not less than forty (40) years, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this act.

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

LOT OR ZONE LOT: A piece or parcel of land occupied by a principal building or a group of such buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof. It includes open spaces as required by this ordinance, and has frontage on a public street. The lot lines are the property lines bounding the lot.

(a) Lot, Comer: A lot abutting upon the intersection of two or more streets which form an interior angle of less than 135 degrees. The point of intersection of the

Page 24

Section 2.000 Definitions

street lot lines is the "comer". A lot other than a comer lot is known as an "interior" lot. (Refer to Figure 2).

(b) Lot Depth: The mean horizontal distance between the front and the rear lot lines.

(c) Lot Lines: (Refer to Figure 3)

(1) Lot Line, Front. The line separating the lot from a street.

(2) Lot Line, Rear. The lot line opposite and most distant from the front lot line.

(3) Lot Line, Side. Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.

(4) Lot Line, Street, or Alley. A line separating the lot from a street or alley.

(d) Lot Width. The mean width of the lot measured at right angles to its depth.

(e) Lot Area. The computed area contained within the lot lines.

LOT INTERIOR: A lot other than a comer lot.

LOT OF RECORD: A lot that exists as shown or described on a platy or deed in the records of the local registry of deeds.

MOBILE HOME: A transportable, single family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral until capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. See Section 6.710.

MOBILE HOME, DEPENDENT: A mobile home which is not equipped with a toilet and/or bathtub or shower.

MOBILE HOME, INDEPENDENT: A mobile home equipped with a toilet and bathtub or shower.

MOBILE HOME LOT: A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK A parcel of land that has been planned and improved for the placement of mobile homes for non-transient use and consisting of two or more mobile home lots. Mobile home parks may be planned as single-family detached subdivisions or single-family cluster developments. See Section 6.7 10.

MODULAR HOME: Factory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec.

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Section 2.000 Definitions - a

5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) code.

MOTEL A "motel" or a "tourist cabin" is a building or a group of buildings which

(a) Contain living and sleeping accommodations used primarily for transient occupancy, and

(b) Have individual entrances from outside the building to serve such living or sleeping unit.

(c) Restaurants, cocktail lounges, banquet halls, ballrooms, and waiting rooms as permitted as accessory uses.

MOTOR VEHICLE: Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles.

MUNICIPAL-MUNICIPALITY: Of or the Borough, Township or City within which a subdivision or land development is located. Where the text so indicates, the term "municipality" shall also refer to the local government body e.g., Township Supervisors.

NOISE: Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

NONCONFORMING LOT: See Article 5. A zone lot in single ownership, adjacent on all sides to properties in different ownership, which does not conform with the minimum dimension specified for the district or for the use contained upon the lot.

NONCONFORMING SIGN: A legally established sign which does not conform to the regulations of the district in which it is located.

NONCONFORMING STRUCTURE: See Article 5. A structure or part of a structure manifestly not designed to comply with the applicable use provision in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reasons of annexation. Such non-conforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE: See Article 5. A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. A Principal Permitted Use or Special Exception shall be considered nonconforming if the yards, height, area, coverage dimensions, signs, or off-street parking do not conform with the regulations of the district in which it is located.

NURSERY, HORTICULTURE: Any lot or parcel of land used to cultivate, propagate and grow trees, shrubs, vines, and other plants including the buildings, structure and equipment customarily incidental and accessory to the primary use.

E 1 9 E

4 I 8 1 I Page 26

Section 2.000 Definitions a

NURSING OR CONVALESCENT HOME: A building designed and used for the full time care of human beings and which may include housing or lodging, meals, and nursing care.

OFFICE BUILDING: A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity.

OFFICIAL MAP: A map adopted by ordinance of the municipality consisting of surveys of the exact location of the lines of existing and proposed public streets, watercourses and public grounds for the whole of the municipality.

ONE-HUNDRED YEAR FLOOD: A flood that, on the average, is likely to occur once every 100 years (Le., that has a one (1) percent chance of occurring each year, although the flood may occur in any year); for purposes of this ordinance, the Regulatory Flood. (Refer to Figure 11).

OPEN SPACE: Open space is land used for recreation, agriculture, resource protection, amenity or buffers; is freely accessible to all residents of the development, except in the case of agricultural lands where access may be restricted; and is protected by the provisions of this Ordinance and the subdivision and land development ordinance to ensure that it remains in such uses. Open space does not include land occupied by non-recreational buildings, roads, or road rights-of-way; nor does it include the yards or lots of single or multi-family dwelling units or parking areas as required by the provisions of this ordinance. Open space should be left in a natural state except in the case of recreation uses which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio. (Refer to Figure 14).

OPEN SPACE, COMMON: A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the cluster development or planned residential development, not including streets, off-street parking areas, and areas set aside for public facilities. (Refer to Figure 5).

OPEN SPACE RATIO: The open space is a measure of the intensity of land use. It is arrived at by dividing total amount of open space within the site by the Base Site Area. (Refer to Figure 15).

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Section 2.000 Definitions a

OUTDOOR ADVERTISEMENT: An advertisement used outdoors, including painted walls, or rock face, of a product or service unrelated to the use of the land or structure on which it is located, but not including official notices or directional road signs of a governmental body.

PARKING AREA, PRIVATE: An open area used for the same purpose as a private garage, and subject to the same conditions.

PARKING AREA, PUBLIC: An open area, other than a street or other public way, used for the parking of automobiles and available to the public. See Section 6.500.

. .

Figure 16 - Parking Area

PARKING LOT OR GARAGE, COMMERCIAL: A "commercial parking lot or garage" is a lot or structure whose principal use is parking or storing motor vehicles for specified time periods or on a rental basis, but no parking or storing commercial or public utility vehicles, or the dead storage of motor vehicles.

Minor repairs incidental to the parking and storing of motor vehicles are permitted as an accessory use.

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Section 2.000 Definitions -

PARKING SPACE: A "parking space" consists of:

(a) Open space with a dustless all-weather surface, or space in a private garage or other structure.

(b) An area of not less than one-hundred and eighty (1 80) square feet in size, for the storage of one automobile, accessible from a public way.

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Section 2.000 Definitions A

PERSON: Any individual, public or private corporation for profit or not for profit, association, partnership, fm, trust, estate, department, board, bureau or agency of the Commonwealth, political subdivision, municipality, district, authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

PERSONAL SERVICES: Any enterprise conducted for gain, which primarily offers services to the general public such as shoe repairs, valet service, watch repairing, barbershops, beauty parlors and related activities.

PLAN OR PLAT: A map, plan, or layout showing the subdivision or l i d indicating the location and boundaries of individual properties.

PLANNED RESIDENTIAL DEVELOPMENT: See Section 6.717. An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in designated zone districts created, from time to time, under the provisions of this Zoning Ordinance. (Refer to Figure 5).

PREMISES: Any lot, parcel or tracts of land and any building constructed thereon.

PRINCIPAL PERMITTED USES: Any use requiring no special action by the Board or the Commission before a zoning permit is granted by the Zoning Officer and is subject to all other applicable provisions of this Ordinance. See Article 4.

PRIVATE: Not publicly owned, operated or controlled.

PRIVATE ROAD: A right-of-way other than a street which provides vehicular access to two or more lots but which has not been dedicated for public use.

PROFES.SIONAL OFFICES: The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers, planners, realtors, and the like.

PUBLIC: Owned, operated or controlled by a government agency (Federal, state or local - including a corporation created by law for the performance of certain specialized government functions, and the Board of Public Education).

PUBLIC GROUNDS: Includes (i) parks, playgrounds and other public areas; and (ii) sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

PUBLIC HEARING: A formal meeting held pursuant to public notice by the Zoning Hearing Board, governing body, or planning commission, intended to inform and obtain public comment, prior to taking action in accordance with this ordinance.

PUBLIC MEETING: A forum held pursuant to notice under the act of July 3, 1986 (P.L.388, No.84), known as the "Sunshine Act."

PUBLIC NOTICE: A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than thirty (30) days and the

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F

I Section 2.000 Definitions

4

second publication shall not be less than seven (7) days from the date of the hearing.

PUBLIC RIGHT-OF-WAY: Any street, avenue, boulevard, highway, sidewalk, or alley or similar place which is owned or controlled by a governmental entity.

QUARRY, SAND PIT, GRAVEL PIT, BORROW PIT, TOP SOIL STRIPPING: A lot or land or part thereof used for the purpose of extracting

- stone, sand clay, gravel or top soil for sale and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

RECREATIONAL USES:

(a) Recreation, Commercial - Recreation facilities operated as a business and open to the general public for a fee.

(b) Recreation, Private, Non-Commercial - Clubs or recreation facilities, operated by a non-profit organization.

(c) Recreation, Public - Recreation facilities operated as a non-profit enterprise by a governmental entity or a non-profit organization and open to the general public.

(d) Recreation Facility, Outdoor - Any activity normally conducted outdoors, including swimming, tennis, baseball, football, and similar recreational and/or athletic activities. Such activities conducted within an enclosed building or structure shall be considered to be outdoor recreational facilities.

RECREATION VEHICLE: Any portable or mobile vehicle used or designed to be used for travel, recreation and/or temporary living purposes; regardless of any other intended use and whether or not its wheels, rollers, or skids are in place. A recreation vehicle shall include trailer, camper, boat, boat trailer, snow mobile, airplane or other similar vehicle which may provide partial and usually temporary living and sleeping quarters and which may or may not include kitchen and/or bathroom conveniences.

REGULATORY FLOOD: The flood which has been selected to serve as the basis upon which the flood plain management provisions of this and other ordinances have been prepared; for purposes of this ordinance, the one hundred year flood. (Refer to Figure 11).

REGULATORY FLOOD ELEVATION: The 100 year flood elevation. (Refer to 11).

RESIDENT FACILITY: A facility of five-bed capacity intended solely for the admission of mentally retarded and other handicapped patients who are provided with an organized program of services including training and vocational and recreational activities. See Section 6.7 13 and GROUP HOME.

RIDING ACADEMY: An establishment where horses are kept for riding or driving or are stabled for compensation, or incidental to the operation of any club, association, ranch or similar establishment.

Page 31


ROOMING HOUSE: A dwelling which has more than one sleeping room for rent to persons not related to its other occupants. The term "Rooming House" includes the term "Boarding House".

SANITARIUM, SANATORIUM: A private hospital, whether or not such facility is operated for profit.

SATELLITE EARTH STATION: See Section 6.7 16. A "dish-shaped" antenna designed to receive television broadcasts relayed by microwave sighals from earth- orbiting communications satellites.

SCHOOL: A place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership or corporation meeting the requirements of the Commonwealth of Pennsylvania,

SCHOOL, NURSERY: See Section 6.714. Any place designed and operated to provide regular instruction and daytime care for two or more children under the age of elementary school.

SCREEN PLANTING: A vegetative material of sufficient height and density to conceal from the view of passing motorists and adjacent property owners the structures and uses on the premises on which the screen planting is located. See Section 6.104(e), Section 6.503 and Section 6.706.

SELF-SERVICE STORAGE FACILITY: A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customerk goods or wares.

SEMI-DETACHED DWELLING: See DWELLING, SEMI-DETACHED. (Refer to Figure 6).

SEMI-PUBLIC USES: Churches, Sunday Schools, parochial schools, colleges, hospitals, and other institutions of an educational, religious, charitable or philanthropic nature.

SHOPPING CENTER: A Shopping Center is:

(1) A group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

(2) rather grouped together to afford maximum proximity to each other, or

A shopping area where the stores do not necessarily front on the street but

(3) Where more than six (6) stores are provided on the same lot.

SIGN: See Section 6.600. Any surface, fabric, device or structure (including billboards or poster panel) bearing lettered, pictorial or sculptured matter designed for visual communication and used for the purpose of bringing the subject thereof to the

Page 32

\Ti a


attention of the public, but not including any flag, badge or insignia of any government or any official traffic control sign or device.

SIGN, ADVERTISING: A sign which directs attention to a business, commodity, service or entertainment which is not sold or offered upon the same premises where the sign is located. See Section 6.604.

SIGN, BILLBOARD: A sign that directs attention to a business, commodity, service, - or entertainment conducted, sold, or offered at a location other than the premises on

which the sign is located. See Section 6.604.

SIGN, BUSINESS: A sign which directs attention to a business, profession, commodity, service, or entertainment which is sold or offered upon the same premises where the sign is located. See Section 6.603.

SIGN, DEVELOPMENT: Signs advertising the sale or development of the premises upon which they are erected.

SIGN, DIRECTIONAL: Signs, indicating the location and direction of premises available for or in process of development, but not erected upon the premises and bearing the name of the owner, developer, builder or agent.

SIGN, FLASHING: An illuminated sign which revolves, or has alternating light or color while in use.

SIGN, GROSS SURFACE AREA OF: The entire area within a single continuous perimeter enclosing the extreme limits of the sign, and not passing through or between any adjacent elements of same. However, the perimeter does not include any structural or framing elements lying outside the limits of the sign and not framing an integral part of the display.

SIGN, INSTITUTIONAL: Signs of schools, colleges, churches, hospitals, sanatoriums or other institutions of a similar public or semi-public nature.

SIGN, NAME PLATES AND IDENTIFICATION: Signs indicating the name or

SIGN, PORTABLE: A sign that is not permanently affixed to a building, other

address of the occupant or a permitted home occupation.

unmovable structure, or the ground.

SIGN, TEMPORARY: A "temporary sign":

(a) (b)

(c) Advertises a special event. (d) Political signs.

Offers premises for sale, rent or development. Advertises the services of building trades engaged in construction or alteration of the premises upon which the sign is located, or

Temporary signs shall be removed upon occupation of premises, or immediately after work has been completed or the advertised event has taken place.

SITE: The site shall be defined as a parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.

Page 33

I Section 2.000 Definitions

SITE AREA: All land area within the sitcis defined in the deed. Area shall be from an actual site survey rather than from a deed description.

SOLID WASTE FACILITIES: Include the following operations as defined and regulated by the Pennsylvania Department of Environmental Protection: landfills, transfer facility, refuse vehicle staging areas, leaf composting facility, resource recovery facility, waste disposal and processing facility, and recycling facilities. See Section 6.712.

SPECIAL EXCEPTION: A use permitted in a particular zone district, or a modification of the regulations of the ordinance, which the Zoning Hearing Board is permitted to authorize in specific instances under the terms, procedures and conditions listed in this Ordinance. See Section 4.203.

STABLE, PRIVATE: An accessory building in which horses are kept for private use

STABLE PUBLIC: A building in which any horses are kept for remuneration, hire,

and not for hire, remuneration, exhibition, or sale.

exhibition, or sale.

STEEP SLOPES: Areas where the average slope exceeds ten (10%) percent which, because of this slope, are subject to high rates of stormwater run-off and soil erosion.

STORY: The portion of a building included between the surfaces of any floor and the floor above it. If there is no floor above it, then the space between the floor and the ceiling next above. (Refer to Figure 4).

(a) Story, Half - A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls plates are not more than four feet above the floor of such story. Any partial story used for residence purposes, other then for a janitor and his family, shall be deemed a full story.

(b) Story, First - The lowest story or the ground story of any building, the floor of which is not more then 12 inches below the average contact ground level at the exterior walls of the building. Any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.

STREET: Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. The term "Street" as defined above shall include the land within the right-of-way lands whether improved or unimproved.

(a) Residential Street - A street between two intersecting streets upon which an R- District abuts, or where 50 percent or more of the abutting street frontage is in predominantly residential use.

(b) Side Street - The street adjacent to a comer lot which extends in the general direction of the depth of the lot.

STREET GRADE: The officially established grade of the street upon which a lot fronts or in its absence upon which the lot abuts, at the midway of the frontage of the lot thereon. If there is no official established grade, the existing grade of the street at such mid-point shall be taken as the street grade.

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1

9 CI

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g,

Section 2.000 Definitions il-

STREET LINE: The dividing line between the street and lot, also known as right-of- way line, or the front lot line. (Refer to Figure 18).

STRUCTURE: For definition, reference is made to the Municipal Subdivision Ordinance. See BUILDING.

TELEPHONE CENTRAL OFFICE: A building and its equipment erected and used - for the purpose of facilitating the transmission and exchange of telephone and radio

messages among subscribers, and other business of a telephone company, provided that in a residential district a telephone central office shall not include public business facilities, storage of materials, trucks, or repair facilities, or housing of

THEATER: A building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.

THEATER, OUTDOOR DRIVE-IN: An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a commercial basis to patrons seated in automobiles or on outdoor seats.

repair crews.

TOURIST HOME: A dwelling in which overnight accommodations are used by transient guests for compensation. See BOARDING HOUSE.

TRAILER OR MOBILE HOME COURT: A tract of land specifically planned and equipped to accommodate two or more residential trailers for temporary or continuing occupancy. The term includes all buildings, structures, tents, vehicles, utilities and accessories used or intended as equipment for such courts. See Section 6.7 10.

TRAILER - SMALL UTILITY: Any trailer usually drawn by a passenger auto used for the occasional transportation of personal effects.

TRUCK TERMINAL: A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor andor trailer units and other trucks, are parked or stored.

USE: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USED CAR & TRAILER LOTS: A parking area used for the sale or rental of motor vehicles.

VARIANCE: The Boards authorized departure to a minor degree from the requirements of the Ordinance in accordance with the procedures set forth in this Ordinance. See Section 7.600.

VENTILATING SHAFTS: Any structure designed to furnish air and/or power, (including transformation and conversion of said power) to underground coal mines.

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Section 2.000 Definitions - - -L

VIBRATION: An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point.

WAREHOUSING AND DISTRIBUTION: A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

WINDOW: An opening to the outside, other than a door, which provides all or part of the required natural ventilation, natural light, or both to an interior space.

YARD: A space open to the sky and unoccupied by any building, structure or merchandise for display, rent, lease or sale, located on the same lot with a building or structure. (Refer to Figure 18).

YARD, FRONT: A yard extending the full width of the lot and situated between the street right-of-way line and the required front setback line projected to the side lines of the lot. The depth of the front yard shall be measured between the required front setback line and the street right-of-way line. (Refer to Figure 18).

Figure 18 - Yard Lines

YARD, REAR: A yard extending the full width of the lot and situated between the rear line of the lot and the required rear setback line projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the required rear setback line. (Refer to Figure 18).

II

+-

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Section 2.000 Definitions &

YARD, SIDE: A yard situated between the required setback line of the lot and extending from the front yard to the rear yard. Any yard that is not a rear yard or a front yard shall be deemed a side yard. (Refer to Figure 18).

ZONING CERTIFICATE: The written authorization issued by the Zoning Officer, for the use of land, or buildings or other structures.

ZONING MAP: The map or maps containing the zoning districts of Jenkins Township, Luzerne County, Pennsylvania, together with all amendments subsequently adopted.

ZONING OFFICER: The administrative officer, appointed by the municipality, who shall administer and enforce the provisions of this Ordinance.

ZONING ORDINANCE: The Zoning Ordinance for Jenkins Township, as amended.

NOTE: Definitions of all other terms Le., terms not defined herein, shall be as included within the latest edition of "Webster's New Collegiate Dictionary. Any term not defined in this Article 2.200 or not within the latest edition of "Webster's New Collegiate Dictionary" shall be as determined by the Zoning Hearing Board taken from any other appropriate source. After the application of any such definitions they shall become part of this Article 2.200 and may not be changed without amending this Zoning Ordinance.

Page 37

Section 3.000 Zoning Districts -L

ARTICLE 3 ESTABLISHMENT OF ZONING DISTRICTS

3.100 NAMES AND PURPOSE OF ZONING DISTRICTS

Jenkins Township is hereby divided into the following zoning districts:

R- 1 Low Density Residential - The intent of this district is to provide adequate space for very low density residential development while protecting and preserving open space from development.

R-2 Medium Density Residential The intent of this district is to provide land areas for the development of both low and moderate density residential development on lots served by off-site water supply and off-site sewage disposal.

B - 1 Highway Commercial The intent of this district is to provide areas in the community for the location and development of business and service establishments designed to meet the needs of the local citizens while limiting traffic congestion to the developed areas of the community.

B - 2 Community Commercial The purpose of this district is to provide an area for the development of residential, business and service activities that serve the residents of the community and the surrounding region.

1-1 Industrial -

The intent of this district is to provide land areas for the development of manufacturing and industrial uses served by off-site water supply and off- site sewage disposal.

C-1 Conservation and Open Space The intent of this district is to protect special natural areas, open space, flood plains, wetlands, steep slopes and other environmentally sensitive land from over development.

3.200 OFFICIAL ZONING MAP

The boundaries of the zoning districts shall be as shown upon the map attached to and made a part of this Ordinance which shall be designated "Zoning Map". This map and all the notations, references and other data shown thereon are hereby incorporated by reference into this Ordinance as if all were fully described herein.

Any change in boundaries or other matters included on the Zoning Map, shall be made on the Zoning Map, located in the municipal building, promptly after the amendment has been approved by the governing body of the municipality.

Names of existing streets, avenues, alleys, etc. shall be shown on the map as approved by proper Resolution of the Municipality which shall be the sole authority for the naming of any subsequent new streets, avenues, alleys, etc.

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Section 3.000 Zoning Districts -2-

3.300 INTERPRETATION OF. BOUNDARIES

Where uncertainty exists as to the boundaries of any Zone District shown on the official Zoning Map, the following rules shall apply:

(a) Boundaries indicated as approximately following the center lines of streets, alleys, highways, streams, brooks, rivers, etc., shall be construed to follow such center lines.

(b) Boundaries indicated as approximately following. lot lines and municipal limit lines shall be construed as following such lot lines and the municipal limit lines.

(c) midway between the main tracks.

Boundaries indicated as following railroad lines shall be construed to be

(d) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line.

(e) Boundaries indicated as being parallel to or extensions of features indicated in subsections (a) through (d) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

( f ) Where a district boundary line divides a lot which is in single ownership at the time of passage of this Ordinance, the Board may permit, as a special exception, .the extension of the regulations for either portion of the lot not to exceed 100 feet beyond the district line into the remaining portion of the lot.

(g) In any other circumstances not covered by subsections (a) through ( f ) above, or in the event of any uncertainty as to the boundary of any district, the Zoning Hearing Board shall interpret the district boundaries.

3.400 CLASSIFICATION OF ANNEXED LANDS

Any land annexed to or consolidated with the municipality must be classified and added to the existing municipal Zoning Ordinance and Map within six (6) months from the date the area becomes a part of the municipality. The procedures to be followed shall be as set forth in Article 7 of this Ordinance entitled AMENDMENTS, with the following exception: the Zoning Board and Planning Commission shall determined the initial classifications of the new territory and present its recommendation to the municipal governing body for adoption in the prescribed manner.

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Section 4.000 Zoning District Regulations - -L

ARTICLE 4 ZONING DISTRICT REGULATIONS

4.100 PRIMARY REGULATIONS

The primary regulations governing the use of land, the size of lots, yards and buildings within each Zoning District are established in this Article. For certain specific uses or exceptional situations, these primary regulations are supplemented by Article 6 and by other provisions of this Ordinance.

4.101 Regulations Governing the Use of Land (Table -1)

Regulations governing the use of land within the various Zoning Districts shall be as set forth in Table 1.

4.102 Regulations Governing the Size of Lots, Yards, and Buildings (Table 2)

Lot, yard and building regulations for the various Zoning Districts shall be as set forth in Table 2.

4.200 USES IN ZONING DISTRICTS

4.201 Principal Permitted Uses

Uses listed as "Principal Permitted Uses" (P) in Table 1 shall require no special action by the Zoning Hearing Board or by the Planning Commission before a zoning permit is granted by the Zoning Officer.

4.202 Accessory Uses

Uses listed as "Accessory Uses" in Table 1 are uses which are subordinate to the principal uses of a building or property and such uses shall not require any special action by the Zoning Hearing Board or by the Planning Commission before a zoning permit is granted by the Zoning Officer.

4.203 Special Exceptions

Uses listed as "Special Exceptions" (SE) in Table 1 shall require individual consideration in each case because of their unique characteristics. Such "Special Exceptions" may be permitted only upon authorization by the Zoning Hearing Board, subject to certain conditions and safeguards after review and recommendation by the Planning Commission.

A Special Exception shall not cause substantial injury to the value of other property where it is to be located; shall conform with regulations applicable to the Zone District where located; shall be compatible with adjoining development; shall provide adequate landscaping and screening; shall provide off-street parking and loading so as to minimize interference with traffic on the local streets and shall not jeopardize the public health, safety, welfare and convenience.

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Table 1 Use Classes -1.

Use Classifications P Permitted CU Conditional Use SE Special Exception

Table 1 Use Classes - continued - . 4

Use Classifications P Permitted CU Conditional Use SE Special Exception

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I I I I I I I

Table 2 Regulations Governing Size of Lots, Yard: and Buildings

Type of Regulation Residential Commercial Industrial Conservation District District District District

R-1 R-2 B-1 B-2 1-1 c-1 Minimum Yards

Front Yard in feet 35 35 35 35 35 50 Rear Yard in feet - 30 30 30 30 - 30 50 Side Yard in feet

One Side Yard in feet 10 10 None(l) lo@) 25 Combined Side Yards in feet 20 20 None(1) 20(1) 20@) 50

Minimum Lot Dimensions Area in square feet 43,560(2) 43,560(2) None None(5) None 43,560

11,250(3) 15,000(3) TF

1 1,250(3) SF

7,200 (4) Width in feet 1 oo(2) 100(2) None None(@ None 150

75(3) 75(3) 60(4)

Minimum Interior Building Area

Maximum Building Height Area in square feet 600(7) 600(7) None None None 600(7)

Stories 2 112 Distance from 2 3 Distance from 2 1/2 centerline of centerline of

street street Feet 35 30 40 35

Maximum ?% of Lot Coverage 30 45 25 30 30 None Footnotes to Table 2

TF = Two Family

Except when abutting a Residential District or Conservation District then fifty (50) feet is required.

Neither public water nor public sewers available (more than two families per lot is prohibited).

SF = Single Family

(1)

(2)

(3) Either public water and individual sewer systems on each lot, or on-lot water system and a public sewer system for each lot.

(More than two families per lot is prohibited).

(4) Public water and sewage collection. Minimum 7,200 square feet for single family; 12,000 square feet for two-family;

additional 3.500 sq. ft. per family over two-families.

(5 )

, (6)

(7)

(8)

N0TE:In all cases in the Table the phrase (None) means "None Required".

Except for motels, tourist courts, and trailer camps, where minimum is one acre.

Except for motels, tourist courts, and trailer camps, where minimum is 150 feet.

Not including any basement area, but including extra moms completely enclosed for year round use.

Except when abutting a Residential District or Conservation District then one hundred (100) feet is required (see 6.706).

I

Section 4.000 Zoning District Regulations - -2-

4.204 Conditional Uses

Uses listed as "Conditional Uses" (CU) in Table 1 are similiar to special exceptions but may be permitted by the governing body of the municipality. These uses have a direct affect upon the lives of all persons within the community. Such "Conditional Uses" may be permitted by the governing body only after it has thoroughly examined the proposal and determined that it does not adversely affect the general welfare of the community, and after review and recommendation by the Planning Commission.

4.300 PROVISION FOR ADDING USES TO ZONE DISTRICTS

A use may be added to the Zone District by the Governing Body after review and recommendation by the Zoning Hearing Board and Planning Commission, provided that:

(a) The use is not listed in any other Zone District.

(b)

(c)

The Zone District is the most appropriate for the proposed use.

No general nuisance is created.

(d) The use shall not adversely affect the character of the Zone District in which it is to be permitted.

(e) The use shall not create more M i c than any other use listed in the proposed Use Class.

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1

Section 5.000 Nonconforming Uses - *

ARTICLE 5 NONCONFORMING USES AND BUILDINGS

5.100 STATEMENT OF INTENT

(a) The zoning districts established by this Ordinance are designed to guide the future use of land in the municipality by encouraging the development of desirable residential, commercial, agricultural, and manufacturing areas, with appropriate groupings of compatible and related uses, to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare.

To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this Ordinance, or future amendments, and which do not conform to the character and regulations of the zoning district in which they are located must be subject to certain limitations. The regulations set forth below are intended to provide a gradual remedy for the undesirable conditions resulting from indiscriminate mixing of uses, and to afford a means whereby nonconforming uses can be gradually eliminated and reestablished in more suitable locations within the municipality. Similarly, lots, buildings or other structures which do not comply with one or more of the applicable district requirements as to lot width, minimum lot area-slnd yard spaces, building coverage or height are deemed to be nonconforming.

(b) To avoid undue hardship, nonconforming uses of land, buildings and structures shall generally be permitted to remain; the purpose of regulating nonconforming uses, which are not appropriate for their location, is to restrict further investment, when economically reasonable, in such non-conforming uses. Exceptions shall be made in those instances where extensive investment is involved.

(c) To eliminate any undue hardship, nothing in this Ordinance shall be deemed to require any change in plans, specifications, construction or intended use of any building or structure for which plans, have been approved by the municipality, or construction has started, prior to the effective date of this Ordinance, or amendments thereof.

5.200 CONTINUATION OF USE

(a) A use, building or structure which shall be made nonconforming, as defined in Section 2.200, at the time of passage of this Ordinance, or any applicable amendment thereto, may be continued except as otherwise set forth in this Article.

(b) A use, building or structure in existence at the time of passage of this Ordinance shall be considered nonconforming if the yards, area, height, coverage, dimensions, off-street parking, or other condition do not conform with the regulations for the zone district (as enumerated in Article 4) in which the use, building or structure is located.

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Section 5.000 Nonconforming Uses - -L

5.300 REGISTRATION OF NONCONFORMING USES

The owner of the premises occupied by a lawful nonconforming use, structure or building shall secure, within a year of adoption of this Ordinance, a Certificate of Nonconformance from the Zoning Officer. Such certificate shall be authorized by the Zoning Hearing Board and s h d be for the purpose of insuring to the owner the right to continue such nonconformance.

- In order to administer this Ordinance, the Zoning Officer shall prepare a complete list of all nonconforming; uses, buildings, lots, structures and signs in existence, immediately after the adoption of this Ordinance.

5.400 REGULATION OF NONCONFORMING USES

An existing nonconforming use, building or structure cannot be enlarged, reconstructed, substituted or structurally altered except when authorized by the Zoning Hearing Board in accordance with the following regulations:

5.401 Enlargement

Any registered nonconforming use, building or structure may be enlarged up to, but not more than twenty-five (25%) percent of its floor area and/or lot area, as it existed at the time of passage of this Ordinance. Such enlargement must conform to all other regulations of the District where it is situated. This provision may be used only once for each zone lot.

5.402 Repairs and Maintenance

(a) Normal maintenance repairs and incidental alteration of a building or other structure containing a non-conforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconfonning use.

(b) A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

5.403 Displacement and Change of Use

(a) A nonconforming use may be changed into a conforming use, or to another nonconforming use which more closely approaches the uses permitted in the District in which such use is located, with the review and approval of the Zoning Hearing Board.

(b) A nonconforming use shall not be extended to displace a conforming use, except to provide room for parking or loading facilities which will serve the nonconforming use and which will subsequently lessen traffic congestion resulting from the nonconforming use.

(c) Buildings or structures, regardless of conformity or ownership, shall not be combined for the purpose of extending an existing nonconforming use, or for creating a different nonconforming use.

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Section 5.000 Nonconforming Uses -L

5.404 Restoration

When a nonconforming building is partially or totally destroyed by fire, explosion or other disaster, it may be restored to its original use provided the owner of the structure secures a building permit within six (6) months of such incident and the structure must be totally restored within one (1) year of such disaster. Should the owner of the structure not comply with the time limits for securing the building permit or restoring the structure, any future restoration or reconstruction of the structure and use must conform to the regulations of the zoning distiict.

5.405 Termination

(a) When discontinued for a continuous period of one (1) year, a nonconforming use shall be terminated. If, however, in the opinion of the Zoning Hearing Board, the structure is not substandard and the design of the structure does not lend itself to conversion to a conforming use, this provision shall not apply. Change to a conforming use shall be considered an abandonment of the nonconforming use, and such nonconforming use cannot be reestablished. A nonconforming agricultural use may be discontinued for a period of up to two (2) years before it is considered an abandoned nonconforming use.

(b) Once a non-conforming trailer or mobile home is removed from a lot, it shall not be relocated on the same lot and shall not be replaced with another trailer or mobile home.

5.406 Approval Granted Prior to Passage of Ordinance

A building, structure or use, planned, constructed or designed in compliance with existing laws prior to the passage of this Ordinance, shall be deemed a legal nonconforming use, provided that:

(a) ordinance, and

The construction or use was actually started prior to passage of this

(b) occupancy or operation within one (1) year of the passage of this Ordinance.

The entire building, structure or use is completed or installed and ready

Page 44

for

- Section 6.000 Supplemental Regulations - -L

ARTICLE 6 SUPPLEMENTAL REGULATIONS

6.100 SUPPLEMENTAL REGULATIONS GOVERNING THE SIZE OF LOTS, YARDS AND BUILDINGS

6.101 Existing Nonconforming Lots in Residential Zone Districts

- Single-family, detached dwelling units may be constiucted on any vacant nonconforming lot, in all Residential Zone Districts if the lot complies with the following:

(a) Said lot is in existence as an entity at the time of this Ordinance.

(b)

(c)

The owner of the lot does not own an adjoining lot.

The front yard conforms with the requirements of 6.104(a).

(d) not be less than that specified in the table below.

The minimum width of the lot, and the minimum side and rear yards shall

(e) proposed dwelling.

Public water supply and public sanitary sewage disposal is used by the

Vacant Nonconforming Lots Minimum Dimensions (Feet)

Zone District Lot Width Side Yard Rear Yard One Yard Both Yards

Combined

R-1 60 ft. 7 ft. 15 ft. 20 ft. R-2 50 ft. 5 ft. 10 ft. 20 ft.

6.102 Height Limitations

District height limitations shall not apply to church spires; cupolas and domes; monuments; water towers; chimneys; smokestacks; silos; flag poles; radio and television towers; masts and aerials; farm structures; solar energy units; and parapet walls extending not more than four (4) feet above the limiting height of the building.

6.103 Lot Area Regulations

(a) Lots Not Serviced With Public Water or Sewer

Page 45

Section 6.000 Supplemental Regulations -L

Plans for lots not served by a public water or sanitary sewer system shall have a minimum lot area of one (1) acre and must be submitted to, and approved by, the Municipal Sewage Enforcement Officer, the Pennsylvania Department of Environmental Protection and Municipal Planning Commission, as applicable.

(b) Large Scale Commercial Developments

Commercial developments or shopping centers, containing more than one attached commercial unit or store may be developed on a lot having less than the minimum lot area specified in Article 4, Table 2, provided that all .other regulations of Table 2 shall be fulfilled.

6.104 Yard Regulations

(a) - Front Yard Exception. When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of the front lot line of the improved lot, the front yard shall be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided however, that it shall not be less than 15 feet.

(b) Side Yard Width May Be Varied. Where the side wall of a building is irregular or not parallel with the side lot line, the side yard may be varied. Its average width shall not be less than the required width, nor shall it be narrower at any point than five (5) feet.

(c) Width of One Side Yard May be Reduced. A reduction of width may be authorized only by the Board when warranted by the location of existing buildings, or when conducive to the desirable development of two or more lots. The width of one side yard, however, may be reduced to not less than three (3) feet, provided that the combined side yards shall not be less than the minimum required for the lot in Table 2. Similarly, the distance between the proposed structure and another existing or proposed structure on an adjacent lot, may not be less than the distance of'the two side yards combined, as required by Table 2, Article 4, for the Zone District in which the lot is located.

(d) Side Yard of Comer Lot. Each yard of a comer lot which abuts a street shall meet the required front yard setback for the zone district in which the lot is located.

(e) Screening. Adequate screening, as required in this Ordinance, shall consist of a six (6) foot high covered fence, or a visual screen of suitable shrubs, placed at proper intervals to insure adequate screening. Screening shall be maintained within 15 feet of the property line separating the uses. Adequate screening shall be provided by any commercial or manufacturing use when abutting a residential use, Residential Zone District, or Conservation Zone District.

( f ) Fences and Walls Located in Yards. Fences, walls and hedges not exceeding six (6) feet in height from natural ground level or higher if a retaining wall, may be located in any required yard. Comer lots must also comply with Article 6.106 regarding visibility at intersections. No advertising signs shall be permitted on fences when adjoining a Residential use. Fences and walls over six (6) feet high must be setback from the property line in the same manner as building walls.

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Section 6.000 Supplemental Regulations - -).

(g) Projections into Yards. Unless otherwise specified below, projections into required yards shall be governed by the provisions of the building code of the municipality.

(1) required for structural support may project into a secluded side yard not more than eighteen (1 8) inches.

Cornices, canopies, eaves, or other architectural features not

(2) yard.

Fire escapes and balconies to fire exits may not project into a front

(3) Bay windows, fireplaces, chimneys, uncovered stairs and landings, and balconies not required for fire escape purposes, may project up to three (3) feet into a required yard.

(h) Patios and Open Porches. Patios and open porches may be located in required side and rear yards not closer than three (3) feet to any adjacent property line. If located closer than eight (8) feet to an adjacent property line, the patio or porch shall be screened as outlined in Section 6.104(e). If located on a comer lot, the porch or patio shall not reduce the side yard on the side street below the required width.

(i) Unenclosed Businesses from Residential Zones. In any Business District, (B-1 or B-2) any business use not conducted wholly within a completely enclosed building, except for off-street parking and loading facilities, or service stations and auto sales, the use shall not be less than one-hundred (100) feet from any Residential Zone District.

6.105 Two or More Buildings on a Lot

Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this Ordinance which would normally apply to each building, if each building were on a separate zone lot. Principal structures located on the same lot shall be separated by a distance at least equal to the highest adjoining structure on the same lot.

6.106 Visibility at Street Intersections

On a comer lot, nothing shall be erected, placed, or allowed to grow (excluding existing buildings, posts, public utility structures, or trees) in a manner which obscures vision as follows:

(a) Above a height of two-and-one half (2 112) feet measured from the centerline grades of the intersecting streets and

(b) Within the area bounded by the street right of way lines of the comer lot and a line joining points on the street right of way lines thrrty (30) feet from their points of intersection.

6.107 Public Utilities Poles

Public utility poles are excluded from the regulations specified in this Section.

6.108 Through Lots

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Section 6.000 Supplemental Regulations A

Where a single lot under individual ownership extends from one street to another parallel of nearly parallel street or alley, the widest street shall be deemed the street upon which the property fronts. No principal structure shall be erected on the rear of the lot, except as specified in Section 6.105.

6.109 Accessory Structures and Uses

All accessory structures and uses shall conform with the minimum yard regulations established in Table 2, except as permitted below:

(a) Attached Accessory Structures. Accessory structures which are attached to the principal building shall comply with all of the yard requirements for the principal structure.

(b) Unattached Accessory Structures in Residential Districts. Accessory structures not attached to a principal structure in Residential Districts may =be erected within the required front yard but, may be erected within the required side and rear yards of a principal structure provided that it conforms with the following:

Maximum Height - One and one-half stones or fifteen (15) feet in height.

Distance from Side Lot Line - Not less than ten (10) feet from the side lot line.

Distance from Side Yard (comer lot) same as for principal structure.

Distance from Rear Lot Line - Not less than three (3) feet from the rear lot line, except when the structure abuts an alley, then ten (10) feet shall be required.

Distance from Principal Structure - Not less than ten (10) feet from a principal structure.

Number of Accessory Structures Limited. No more than two (2) accessory structures including a private garage, are permitted on each lot in a Residential District.

(c) Unattached Accessory Structures in B-1, B-2, & 1-1 Zone Districts. Unattached accessory structures or uses in non-residential Zone Districts shall comply with height, front and side yard requirements (Table 2) for the principal structure. Unattached accessory structures or uses shall have a rear yard of not less than ten (10) feet except where the rear lot line abuts a Residential District then the rear yard shall be in accordance with Table 2.

6.200 APPROPRIATE PUBLIC USES

6.201 Appropriate Public Uses

When any appropriate public use is permitted by the Board as a Special Exception, it shall comply with the lot, yard and building regulations for the zone district in which it is proposed.

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Section 6.000 Supplemental Regulations - -L

The Board may impose additional or more restrictive conditions if warranted by the character of the area in which such uses are proposed or by other special factors.

Such uses shall also be located on a street having a minimum pavement width of twenty (20) feet and shall maintain a 10 foot wide landscaped strip on all sides abutting or facing a Residential use.

6.300 RECREATIONAL USES

6.301 Commercial Recreation Uses

Such places of amusement shall provide parking with ingress and egress designed to minimize traffk congestion, shall conform to the yard regulations of the District in which the use is located, shall provide adequate screening from abutting residential property, and shall show that adequate controls have been taken to prevent offensive noise, vibration and other nuisance conditions.

6.302 Outdoor Recreation Facilities

Outdoor recreation facilities located on a residential zone lot in an Residential District, shall be restricted to the use of the owner-occupant and/or members of the family. This provision shall not apply to publicly-owned recreational facilities. In all cases, however, lights used to illuminate outdoor recreation facilities shall not be directed at or allowed to illuminate adjoining residential zone lots.

6.400 CONVERSIONS IN RESIDENTIAL DISTRICTS

Conversion of structures to provide additional dwelling units may be permitted by the Zoning Hearing Board as a Special Exception, subject to the following additional requirements for conversions:

(a) The building to be converted shall conform to the height, coverage, density, and yard regulations for the zone district in which it is located.

(b) so as to maintain the residential character of the neighborhood.

The exterior appearance of the building shall be constructed and maintained

(c) not be located on any wall facing a street.

Fire escapes, where required, shall be in the rear of the building and shall

(d) Zoning Hearing Board for review and approval.

The plans for the conversion of said building shall be submitted to the

(e) Ingress and egress shall not be permitted through another dwelling unit.

( f ) space shall be provided on the zone lot.

Every dwelling unit shall have two (2) means of egress in case of fire.

For each dwelling unit created through conversion, one off-street parking

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6.500 OFF STREET LOADING AND PARKING

6.501 Off Street Loading (Table 3)

(a) Number of Loading Spaces Required. Every building which requires the receipt or distribution of material or merchandise by vehicles, shall provide at least one off-street loading berth and shall also provide additional off-street loading berths in accordance with Table 3.

(b) Size and Location. Each loading space shall not be less than 12 feet in width, 45 feet in length, and 14 feet in height, and may occupy all or part of a required side or rear yard, however, loading areas shall not be located closer than fifty (50) feet to any residential use.

TABLE 3

OFF-STREET LOADING SPACE REQUIREMENTS

USES SO. FT. OF FLOOR AREA ADDITIONAL LOADING BERTHS

1. Schools 15,000 or more 1

2. Hospitals (In 15,000 - 300,000 addition to space for ambulance) For each additional

300,000 or major fraction thereof

3. Undertakers and 15,000 Funeral Parlors

For each additional 5,000 or major fraction thereof

4. Hotels and Offices 15,000 or more

5. Commercial, Whole- 15,000 - 25,000 sale, Manufacturing 25,000 - 40,000 and Storage 40,000 - 60,000

60,000 - 100,000

For each additional 50,000 sq. ft. or major fraction thereof

1

1

1

1 2 3 4

1 additional

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Section 6.000 Supplemental Regulations -

6.502 Off-street Parking (Table 4)

(a) Number of Parking Spaces Required. In all zone districts, at the time any building or structure is erected, enlarged or increased in capacity, off-street parking spaces open to the public shall be provided as set forth in Table 4.

(b) Size. Each off-street parking place shall have an area of not less than 180 square feet exclusive of access drives or aisles, in usable shape and condition.

(c) Access. There shall be adequate ingress and egress to all parking spaces. Where a lot does not abut on a public street, private alley or easement of access, there shall be provided an access drive not less than ten (10) feet in width in the case of a dwelling, and not less than twenty (20) feet in width in all other cases, leading to parking, storage areas, or loading spaces.

Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley.

(d) Location of Facilities. Parking facilities shall be located on the same zone lot as the use to which they are accessory. A parking facility may, upon approval of the Zoning Hearing Board, be located within a radius of 400 feet of the principal structure provided the parking facility must be in the same ownership as the use to which it is accessory, and subject to deed restrictions requiring the maintenance of the required number of parking spaces throughout the life of the use.

In all Commercial Zone Districts, required parking areas shall be located in the side or rear yards of the lot and shall not be located in the front yard between the structure and the street right-of-way. (See Landscaping Plan for Parking Areas)

(e) Modification of Parking Requirements. The Zoning Hearing Board may authorize a variance of the foregoing parking requirements in exceptional cases of use, zone lot size or shape, or other unusual situations.

TABLE 4 OFF-STREET PARKING SPACE REQUIREMENTS (a)

USES REOUIRED PARKING SPACES

1. Bowling Alley, Swimming Pools, Dance Halls, Roller Rinks, etc.

5 for each 500 sq. ft. of floor area or of water area in swimming pools

2. Churches and Schools

3. Community Buildings and Social Halls

1 for each 5 seats in an auditorium or 1 for each 10 classroom seats, whichever is greater

1 for each 300 sq. ft. of floor area

4. Dwellings (single-family, two-family, 2 spaces per dwelling unit row & townhouse units)

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Section 6.000 Supplemental Regulations 3

TABLE 4 (continued) OFF-STREET PARKING SPACE REQUIREMENTS (a)

USES

5. Multi-family dwellings (garden apartments)

6. Funeral Homes, Mortuaries

7. Hospitals, Nursing and

8. Rooming Houses and Dormitories

9. Manufacturing Plants, Research

Convalescing Homes

or Testing Laboratories, Bottling Plants

10. Medical or Dental Offices

11. Barber and Beauty Shops

12. Restaurants, Beers Parlors and

13. Retail Stores, Shops, etc., in

14. Banks or Professional Offices

Night Clubs

Commercial Districts

15. Sports Arenas, Auditoriums, Theaters, Assembly Halls

16. Wholesale Establishments or Warehouses

17. Motels and Hotels

REOUIRED PARKING SPACES

1 1/2 spaces per unit

15 for each parlor, plus 1 for each employee

1 for each 3 beds,.plus 1 for each employee

1 for each bedroom

1 for each 1,OOO sq. ft. of floor area, plus 1 for each 4 employees on the maximum working shift. The total parking area shall not be less than 25% of the building floor area

5 spaces for each doctor or dentist

4 spaces for each employee plus the required residential parking if a home occupation

1 for each 1.5 seats



1 for each 3.5 seats

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

1 space for each living or sleeping unit plus 1 for each employee

NOTE: (a) Where a use is not specifically mentioned in this Table, the requirements for similar uses listed shall apply.

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Section 6.000 Supplemental Regulations - A

6.503 Development of Parking Lots and Loading Areas

A parking lot is an area not within a building or other structure where motor vehicles may be stored for the purpose of temporary, daily or overnight off-street parking. A motor vehicle display lot for sales and/or rentals shall be exempted from the landscaping requirements of this section.

(a) Minimum Distances and Set Backs. Off-street loading areas, parking areas, - and driveways may be developed in any required side or e a r yard, provided that

parking areas designed for use by five (5) or more vehicles and off-street loading areas, shall not be located closer than twenty-five (25) feet to any adjacent residential, school, hospital or similar use and shall be effectively screened on each side which adjoins a residential use in a Residential Zone District.

(b) Surfacing. Surfacing shall consist of a 4" sub-base, a 2" bituminous base course and 1" bituminous wearing course (or similar durable and dustless surface), graded and drained to dispose of all surface water, and designed to provide for orderly and safe loading and parking.

(c) Landscaping Requirements for Parking Lots. The objective of this provision is to protect and promote the public health, safety and general welfare by requiring the landscaping of parking lots which will serve to reduce heat and noise, and the glare of vehicle lights; to preserve underground water reserves and return precipitation to the ground water to act as a natural drainage system and ameliorate storm water drainage problems, to reduce soil erosion; to provide shade; and to relieve the blighted appearance of parking lots.

1. Landscape Plan. No parking lot of ten (10) or more spaces shall be constructed, enlarged or reconstructed until a landscape plan for the parking lot has been approved by the Zoning Officer. The Zoning Officer shall not approve the landscape plan unless it conforms to the requirements of this section.

Landscape plans shall be prepared by a registered surveyor, architect or landscape architect and shall be submitted as part of the application for a zoning permit and the site plan submission.

Landscape plans shall be drawn to scale, including dimensions and distances, and clearly delineate the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways and the location, size and description of all landscape materials.

2. Parking Lot Landscaping Design Criteria. All parking lot landscaping shall be of such quality as to improve and enhance the site and its surrounding areas.

The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges, and other planting material may be used to complement the tree landscaping but shall not be the sole contribu- tion to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.

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The landscaping and-planting areas shall be reasonably dispersed throughout the parking lots.

The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping material planted therein and to insure proper growth.

In those instances which plant material exists on a parking lot site prior to its development, such landscape material may be used if approved as meeting the requirements of this ordinance.

3. Planting Materials. All planting materials shall be suitable for planting in the County and require minimal maintenance. All trees to be used shall be a minimum of eight (8) to ten (10) feet in overall height, no smaller than two inch (2") caliper (trunk diameter at chest height) upon planting, and of a variety which shall attain an average mature spread greater than twenty (20) feet.

4. Interior Coverage Requirements. Not less than six (6) percent of the interior of a parking lot shall be landscaped and one (1) tree shall be planted for every two hundred (200) square feet of required interior landscaped area. However, where a parking lot abuts buildings on the subject property, border plantings adjacent to those buildings shall not be considered as part of the interior landscape requirement.

required along any side of a parking lot of ten (10) or more spaces that abuts adjoining property that is not a right-of-way. A landscaping strip minimum six (6) feet in width shall be located between the parking area and the abutting property lines.

5. Perimeter Coverage Requirements. Perimeter landscaping shall be

One tree for each forty (40) feet shall be planted in the landscaping strip. This requirement does not mean that a tree must be planted at every 40 foot interval around the perimeter of the parking lot, but is intended to allow the designer some latitude in designing the landscape plans.

6. Street Coverage Requirements. Street landscaping shall be required along any side of a parking lot of ten (10) or more spaces that abuts the right-of-way of any street, road or highway.

A landscaping strip, minimum six (6) feet in width, shall be located between the abutting right-of-way and the parking lot.

One tree shall be planted for each forty (40) linear feet of the landscaping strip.

7. Maintenance. The owners or their agents shall be responsible for providing, protecting and maintaining all landscaping in healthy and growing condition, replacing it when necessary and keeping it free of refuse and debris.

6.600 SIGNS

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Illustrative Landscap ina Plan for Parkha Areas

No Parking or Loading Areas in Front Yard Setback Area r !

Main Street

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- Section 6.000 Supplemental Regulations 4.

Unless otherwise specified below, the construction, alteration, erection, maintenance and location of signs shall be regulated by the Building Code of the municipality.

6.601 General Regulations for Signs

- The following regulations shall apply to all permitted sign uses:

(a) All signs shall conform to the same height, side and rear yard requirements established for principal buildings for the zone district in which the sign is located, except as follows:

(1) Signs which are to be attached flat against any building existing at the time of passage of this Ordinance.

(2) Signs permitted in residential districts may be free-standing signs located five (5 ) feet in front of the principal building, except for name plates and identifkation signs which must be attached to the building.

(3) Where drive-in or parking facilities are provided, one (1) business sign not exceeding forty-five (45) square feet in area may be erected in any required setback area if it is not located nearer to the street or highway right-of-way line than one third (113) the required setback distance.

(b) condition, and not allowed to become dilapidated.

Signs must be constructed of durable materials, maintained in good

(c) Lighted Signs:

(1) No sign will be permitted which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the public or private street or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any vehicle, or which interferes with any driver’s operation of a motor vehicle.

No sign shall be illuminated that interferes with the effectiveness of or obscures an official W i c sign, device, or signal.

(2)

(3) Signs which contain, include, or are illuminated by any flashing, intermittent or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather or similar information.

(d) of-way lines of any street.

Signs, other than official traffic signs, shall not be erected within the right-

(e) No sign shall be erected or maintained so as to prevent free ingress or egress from any door, window, or fire escape, or so as to prevent free access from one part of a roof to any other part. No sign of any kind shall be attached to a stand-pipe or fire escape.

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( f ) maintenance of any sign, less than seven (7) square feet in area, permitted in a Residential District.

A zoning permit shall nocbe required for the erection, alteration or

(8) A zoning permit shall be required for the erection or reconstruction of any business or advertising sign.

(h) - All temporary signs erected for a special event or an erection shall be removed by the property owner or candidate within 72 hours after the event or election has concluded.

(i) No sign shall be erected at the intersection of streets so as to obstruct free and clear vision, and if located within the direct line of vision of any M i c control sign or signal, shall not have flashing or intermittent lighting, of red, green or amber illumination.

6.602 Signs in Residential and Conservation Districts (Table 5)

(a) Regulations of Signs. Non-flashing and non-advertising signs are permitted in all Residential and Conservation Districts as set forth in Table 5.

(b) Height and Projection of Signs. No sign in a Residential or Conservation District shall project into any public way, or project higher then ten (10) feet above ground level.

TABLE 5

REGULATIONS PERTAINING TO NON-FLASHING, NON-ADVERTISING SIGNS IN RESIDENTIAL AND CONSERVATION DISTRICTS

SIGN TYPE MAXIMUM AREA MAXIMUM NUMBER

Name Plates and Identification (a) Signs indicating name or address of occupant, or a permitted home occupation

Sale or Rental Signs indicating the sale or rental of the premises or the sale of f a m products (b)

Two (2) sq. ft. area One (1) per dwelling unit, two (2) in comer lots, one (1) facing each street

One (l), unless property fronts upon more than one street, then two (2), one (1) on each frontage

Six (6) sq. ft. in area

Institutional Signs identifying schools, colleges, hospitals, in area fronts upon more than one churches and other similar institution (b) signs

Twenty (20) sq. ft. One (l), unless property

street, then two (Z), one (1) on each frontage

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Section 6.000 Supplemental Regulations -L

TABLE 5 (continued)

REGULATIONS PERTAINING TO NON-FLASHING, NON-ADVERTISING SIGNS IN RESIDENTIAL AND CONSERVATION DISTRICTS

SIGN TYPE MAXIMUM AREA MAXIMUM NUMBER

Accessory to Parking areas (b) 1. At-entrances and exits Two (2) sq. ft. in area - One (1) for each entrance

- orexit

2. Containing instructions on use of parking lot

Development Signs advertising sale or development of premises (b)

Directional Signs indicating location and direction of premises available for or in process of development

Artisan's Signs identifying work of mechanics, painters, and other artisans (c)

Nine (9) sq. ft. in area

Thirty-two (32) Sq. ft. in area

Six (6) sq. ft. in area and Four (4) ft. in length

Twelve (12) sq. ft. in area

One (1) only, identifying area, or designating conditions

Two (2), unless property fronts upon more than one (1) street, then two (2) on each frontage

One (1) on each five hundred (500) ft. of street frontage

No Limit

Private Driveways Signs indicating the private nature of a driveway, or trespassing signs

Two (2) sq. ft. in area No Limit

Farm Product Signs advertising sale of farm products when permitted (d)

Six (6) sq. ft. in area Two (2)

(a) (b) (c) (d)

Must be attached to the dwelling Must be located on property Must be removed promptly upon completion of work May be displayed only when products are on sale

6.603 Business Signs in B-1 and B-2 Zone Districts

Business signs bearing the name or the occupant and products manufactured, processed, sold or displayed on the premises may be erected and maintained in all Business Districts. Portable business signs shall be prohibited in all Business Districts.

Illuminated, non-flashing and non-animated business signs accessory and incidental to the permitted use, shall be permitted in all Business Districts subject to the following requirements.

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Section 6.000 Supplemental Regulations - a

ZONE DISTRICT

B- 1 B-2

(a) Projection of Signs. No hanging or suspended sign shall be erected so as to exceed the following Projections:

MAXIMUM SQUARE FEET OF SIGN PER LINEAR FOOT MAXIMUM SIGN AREA

OF LOT FRONTAGE (Square Feet)

1 100 2 100

(1) No sign shall project beyond a property line, over a public sidewalk area, or over a public right-of-way.

(2) Projections from main wall of building - four (4) feet.

(b) Height of Signs. No business sign shall project above the maximum height limit of buildings or other structures for the Zone District in which the sign is located in. (See Table 2 for maximum height limits)

(c) Maximum Number of Business Signs. The maximum number of business signs located on the same zone lot as the principal use shall not exceed two (2) signs. A pole mounted sign shall be considered one (1) sign but both sides of the sign shall be counted (summed) for the maximum square feet allowed per business.

(d) Maximum Area of Business Signs. The gross area of all business signs, located on the same zone lot as the principal use, shall not exceed the number of square feet per linear foot of lot frontage as follows:

A pole mounted sign shall be considered one sign but the surface area of both sides of the sign shall be counted (summed) in calculating the maximum square footage allowed per business sign.

Business Siens in Commercial Districts (see Section 6.603)

6.604 Advertising Signs and Billboards

An advertising sign is a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises. Advertising signs and billboards may be erected and maintained in 1-1 Zone District.

Illuminated, non-flashing and non-animated advertising signs and billboards shall be pemitted in the I- 1 District subject to the following requirements:

(a) Projection of Signs. No hanging, suspended or free-standing (structural mounted) sign shall be erected as to exceed the following projections:

areas or over a public right-of-way. (1) No sign shall project beyond a property line, over public sidewalk

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Section 6.000 Supplemental Regulations

(2) Projection from main wall of building - four (4) feet.

(b) Height of Signs. No advertising sign or billboard shall project above the maximum height limit of buildings or other structures for the Zone District in which the sign is located in. (See Table 2 for maximum height limits)

(c) Maximum Area of Advertising Signs.

(1) The maximum area for one advertising sign-or billboard shall not exceed sixty-four (64) square feet.

(2) A sign structure shall contain only one sign per facing.

(d) Spacing of Advertising Signs

No two adjacent advertising signs, structures or billboards on the same side of the street, shall be located closer to one another than one thousand (1,OOO) feet. The distance between sign structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along the same side of the traveled way.

No advertising sign or billboard shall be permitted within one hundred (100) feet of any Residential District, nor shall any such sign be permitted which faces any abutting school, library, church, hospital, recreational area or similar institutional use. Two hundred (200) foot setback from a Residential District is required if the sign is illuminated.

No advertising sign or billboard shall be constructed parallel to, or at an angle of less than 45 degrees with the right-of-way upon which it faces except when such a sign is located at the intersection of two streets.

6.700 REGULATIONS APPLYING TO OTHER USES

6.701 Animal Hospital and Boarding Kennels

No animal hospital, veterinary clinic or boarding kennel shall be located closer than two hundred (200) feet to any residential dwelling, restaurant or hotel in any district where permitted, and shall show that adequate measures and controls have been taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.

6.702 Home Occupations

A home occupation shall be an incidental use of the dwelling unit conducted only by the residents of the building, who may not employ more than one additional non-resident persons. The following additional conditions shall be followed. Refer to definition of a home occupation.

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(a) Where Permitted. Within a single-family detached dwelling unit or in an accessory building provided that only one home occupation per single-family detached dwelling unit shall be permitted.

(b) with the exception of signs as outlined in Section 6.601.

Evidence of Use. No evidence of the home occupation shall be permitted,

(c) * Extent of Use. No more than twenty (20%) percent of the Boss floor area of any dwelling unit may be used for a home occupation, except-for medical and dental offices, foster family care, and family day care home which may use up to forty (40%) percent of the gross floor area of a dwelling unit.

(d) Permitted Uses. Not more than one of the following:

(1) Medical, dental or other professional office, including real estate, insurance and other similar offices, barber or beauty shops; in accordance with the provisions for off-street parking. (Refer to Table 4)

(2) Rooming and/or boarding of not more than two persons.

(3) Custom dressmaking, tailoring, millinery.

(4) Foster family care for not more than four children simultaneously.

(5 ) Family Day Care Home (See Sec. 6.715).

(6) Tutoring for not more than four students, simultaneously, but not including music, dancing, business schools, or similar activities.

(e). Prohibited Uses. The following home occupation uses are prohibited

(1) Any home occupation requiring the use of a delivery truck.

(2) Any home occupation requiring the outdoor storage of materials or products.

(3) Any home occupation which produces noise, smoke, odor, or other objectionable effects.

6.703 Junk Yards, Salvage Yards and Similar Storage Areas, Including Automobile Wrecking Operation, Abandoned or Junked Vehicles

Any proposed junk yard, similar storage area, salvage yards, automobile wrecking operation, or abandoned or junked vehicles shall comply with the applicable provisions of this ordinance.

(a) Abandoned or Junked Vehicles Prohibited. It shall be unlawful to store or deposit abandoned or junked automobiles, trucks or other vehicles or parts thereof on any public or private property, vacant or occupied, within Jenkins Township where the same is found to be a nuisance in fact.

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Section 6.000 Supplemental Regulations

(b) License Required for Junkyards. Any person, partnership, association, or corporation, lawfully carrying on the business of or maintaining a junkyard or storage plans for a deposit of one (1) or more abandoned or junked automobiles, trucks, or other vehicles or parts thereof within Jenkins Township, shall secure a license and pay a license fee of Two Hundred Dollars ($200.00) per annum, payable on or before January 1 of every year.

(1) Such license shall not be issued until the following conditions have been complied with:

a. The storage area is completely screened from roads and developed areas with a solid fence or wall, maintained in good condition, painted except for masonry construction, or with suitable plantings, such walls, fences, or plantings to be a minimum or eight (8) feet in height; and

b. The storage area is set back in compliance with the existing Zoning Ordinance.

(2) The above license shall be deemed revoked should any of the above conditions set forth in subsection (b) above be violated and said violation shall constitute a violation or this ordinance.

6.704 Excavation Operations

Excavation for homesites, driveways, roads and other approved land developments shall be exempt from the following regulations.

(a) Location Where Permitted. Excavating operations shall be considered a temporary use of land and may be permitted as a Conditional Use in the B-2 District. Such operations shall be permitted only for limited periods of time, as specified below, subject to appropriate conditions and safeguards.

(b) Restrictions. All excavation operations shall be subject to the following

Backfilling. The grading, backfilling and replacement of a l l overburden material in a manner which will restore the premises to the same or more suitable and usable grade as existed on the original site is required.

Fencing. The municipality may require that all or portions of stripping or excavating operations be enclosed with a fence to ensure the general welfare and public safety.

Operation Schedule. Excavating operations, including drilling and blasting, shall not be carried out on Sunday, and shall not be operated earlier than 8:OO A.M. nor later than 5:OO P.M. during the remainder of the week.

Drainage. All such excavations and backfilling operations must be adequately drained to prevent the formation of pools of water.

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Section 6.000 Supplemental Regulah'ons -1.

(5 ) Slopes. The side walls of any excavations which are not completely backfilled shall not have a slope steeper than one foot or vertical distance for each two feet or horizontal distance.

(6) Compliance with State Requirements. No pennit issued under the provisions of this Ordinance shall become effective until any required license or permit required h m the Commonwealth of Pennsylvania be secured.

(c) Zoning Permits for Excavation Operations

The Municipality may authorize the Zoning Officer to issue a Zoning Permit for an excavation operation covering an area not to exceed ten (10) acres. Such a permit shall be valid for a period of one year, unless renewed by the municipality. The following procedure shall be followed:

(1) Application to Zoning officer. Any applicant for an excavation operation shall submit five copies of an application to the Zoning Officer for a Zoning Permit for a Conditional Use on a form supplied by the Zoning Oficer. Such applications shall include the following:

A. A letter of intent describing the area to be excavated and the manner or method of operating, including proposed hours of work, and the proposed plan for backfrling.

Two maps or prints of the area to be excavated prepared by the applicant's engineer.

B .

C.

D.

A Certificate of the applicant's general liability insurance.

A copy of the applicant's State permit, or the number of such permit if applicant is a subcontractor, if applicable.

A copy of the lease or permit from the owner or owners of the land. E.

F . A statement that a bond, payable to the municipality, shall be provided in an amount to be negotiated for the project, which will insure replacement of the overburden material and the backfilling or grading of that area to be excavated.

G . A proposed b a c k f i g agreement to be executed by the applicant insuring the grading, backfiling, reseeding with perennial vegetation and leveling of the area to be excavated.

(2) Review of Application

The Zoning Officer will review the application and submit copies to the municipality and the planning commission. Within 30 days of the receipt of the application, the Planning Commission shall transmit its recommendations to the Zoning Board. Such recommendations shall include any conditions and safeguards deemed necessary to insure the public health, safety and general welfare. The Zoning Board shall meet and review the recommendations and findings of the Planning

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Commission, and shall order the Zoning Officer to refuse the permit or to issue the permit subject to the execution of a backfiring agreement and bond and to any other conditions deemed necessary by the municipality to insure the public health, safety and general welfare.

No pennit shall be issued until the following have been complied with:

All necessary Federal and State permits have been granted, and copies supplied to the Zoning Officer.

The applicant has entered into an agreement with the Township, which shall include, but not be limited to, the following matters:

(1) A covenant for grading, both periodic and at specific requests of the Township, of all Township dirt roads used in mining and removal of minerals;

(a)

(b)

(2) A covenant for restoration of the road base and repair of all ditches and drains both during and after completion of operations on all Township roads used in mining or removal of minerals;

(3) A covenant against excessive weight loads of vehicles on all roads;

(4) A covenant for repair of any paved roads damaged by mining or hauling operations;

(5 ) A covenant indemnifying the Township from liability because of any phase of operations, including, but not limited to, blasting, mining, noise, pollution, loss of water, bodily injury, property damage, and defective roads and liability insurance to cover such indemnification in such amount as determined by the Board of Supervisors;

An agreement to widen existing roads to permit safe passage of vehicles, if necessary;

(6)

(7)

(8)

Adequate provisions for dust control;

Reservation of the right of the Township to impose weight limitations to meet tempomy situations and to obtain injunctive relief if the applicant fails to meet its obligations under the agreement;

A Cash Bond in an amount to be determined by the Township Engineer for the repair and restoration of Township Roads damaged as a result of the excavation operation.

welfare and safety of the residents of the Township.

(9)

(10) Such other matters as are necessary to protect the general health,

(3) Failure to Comply. If any permittee hereunder fails or refuses to comply with the agreement to backfill and level the excavated area, or with the reasonable orders of the Municipal Engineer, the municipality shall proceed to sue on the bond submitted and collect the amount of liability on such bond.

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Section 6.000 Supplemental Regulations -L _ _

(4) Existing permits. Any and all mining and excavation permits presently in effect at the date of adoption of this Ordinance shall be terminated within six (6) months of such date, and be thereafter invalid. Any present permittee may apply for renewal and reissue of the permit, in accordance with this Ordinance.

(d) Topsoil or sod may be removed only under the following conditions:

- (1) As part of the construction or alteration of a building, or the grading incidental to such building.

(2)

(3)

In connection with n o d lawn preparation and maintenance on the lot from which such topsoil or sod is removed.

In connection with the construction or alteration of a street. In no event shall any excavated materials be permitted to form waste piles or mounds, it being the intent of this provision that any excavated material be used as fill or refill or otherwise distributed so as to avoid any unsightly or unnecessary accumulation.

,

6.705 Animals, Poultry and Gardening

Animals and Poultry: In districts where pennitted, operations involving the use of buildings and land for farming, nurseries, and greenhouses; riding academies, livery or boarding stables, stock raising, dairying and poultry operation shall be subject to the following safeguards and regulations:

(a) within three hundred feet (300) of any lot line.

Building in which animals or poultry are kept shall not hereafter be erected

(b) permitted within three hundred feet (300) of any lot line.

(c) (100) of any lot line.

Storage of manure or odor or dust-producing substance shall not be

Greenhouse heating plants shall not be operated within one hundred feet

(d) Household pets shall be limited to two (2) pets per family.

(e) districts.

Farm animals, hoofed animals and poultry shall not be kept in residential

6.706 Buffer Yards

(a) hundred (100) feet in width, shall be provided along the adjoining lot lines.

Where an industrial use adjoins a residential district, a buffer yard, of one

(b) Where an industrial use abuts a stream, a buffer yard of not less than one hundred and fifty (150) feet in width, measured from the edge of the high water mark of the stream, or the top of the stream bank, whichever is greater, shall be required.

(c) Buffer yards shall not be used for parking.

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(d) Buffer yards other than interior side buffer yards may be crossed by access roads, service drives, and utility easements not more than thirty-five (35) feet in width, provided that the angle of the center line of the road, drive, or easement crosses the lot line and buffer yards at not less than sixty (60) degrees.

6.707 Swimming Pools

Private swimmine Dools (above-ground and in-ground) shall be a permitted accessory use in any district and shall comply with the following conditions and requirements:

(a) occupants of the principal use of the property on which it is located.

The pool is intended and is to be used solely for the enjoyment of the

(b) The pool may not be located, including any walks, or paved areas or accessory structures adjacent thereto, closer than ten (10) feet to any property line on which the pool is located.

(c) For excavated or in-ground swimming pools, the swimming pool area shall be walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than four (4) feet in height and maintained in good condition. When a fence is used, it shall not have any .openings greater than four inches by six inches, except for approved gates; and when said fence is formed of metal or wire, such metal or wire shall be not less than number 9 gauge.

(d) fence or follow the guidelines for in-ground pools in paragraph (c) above.

Above ground pools may not be readily accessible and must have a security

Community or club swimming Dools shall be a permitted accessory use in any district and shall comply with the following requirements:

(a) A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club solely for use and enjoyment by members of the association or club and their families and guests of members.

(b) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one hundred (100) feet to any property line of the property on which it is located.

(c) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjoining properties. The said fence or wall shall not be less than four (4) feet in height and maintained in good condition. The area surrounding the enclosure, except of the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees, and maintained in good condition.

6.708 Adult Entertainment Use

Adult Entertainment Use (as defined in Section 2.200), where permitted in Article 4, shall also comply with the following regulations:

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Section 6.000 Supplemental Regulations - A

(a) uses:

An Adult Entertainment Use shall not be located within 2000 feet of the following

(1) Churches, parks or schools.

(2)

(3)

Commercial enterprises catering primarily to children under 16 years of age.

Any tavern, restaurant or bar.

(4) Any other Adult Entertainment Use.

The distances shall be as taken between the centers of the subject use areas measured in a straight line.

6.709 Motor Vehicle Access

Whenever motor vehicle access is provided from the street or private road onto the lot, the following regulations shall apply:

(a) Driveways

Access to the lot shall comply with the following regulations:

(1) Access shall be limited to not more than two (2) driveways for each one hundred (100) feet of lot frontage on any street.

(2) ' No two (2) driveways shall be closer to each other than twenty (20) feet, and no driveway shall be closer to a side property line than three (3) feet, and no flare shall cross an extended side property line.

Each driveway shall be not more than --five (35) feet in width measured at right angles to the center line of the driveway, except as increased by permissible curb return radii. The entire flare of any return radius shall fall within the right-of-way.

(3)

(b) Location of Gasoline Pumps

Gasoline pumps and all other service equipment shall be set back not less than twenty-five (25) feet from any lot line, shall be so located that vehicles stopped for service will not extend over the property line, and be in accordance with applicable state regulations.

6.710 Trailers, Mobile Homes and Mobile Home Parks

~ (a) Trailers, Mobile Homes and Recreational Vehicles

(1) No trailer, trailer coach or mobile home shall be used outside a permitted trailer park, to provide living quarters or space for the conduct of business, except that it may be used temporarily for office purposes during the construction of a

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principal building or a road, on the issuance of a temporary permit by the zoning Officer.

(2) Except for trailers and mobile homes offered for sale on trailer and mobile home sales lots, the parking of a trailer or mobile home outside of a permitted trailer or mobile home park in any district for 48 hours or more, shall be prohibited. Small utility trailers are excluded from this provision.

Parked or stored camping and recreational vehicles shall not be used for living, sleeping of house-keeping purposes.

- (3)

(4) If the camping or recreational equipment is parked or stored outside of a building, it shall be parked or stored, if possible, to the rear of the building line of the lot, and in all cases shall be at least parked or stored to the rear of the front building line of the lot.

(5) Not withstanding the provisions of Section 6.7 IO(a)(4), camping and recreational equipment may be parked anywhere on the premises while actually being loaded or unloaded.

(b) Mobile Home Parks

Mobile Home Parks are permitted by Special Exception in the R-2 and C-1 Zone District. The mobile home park shall comply with the applicable regulations setforth in the Jenkins Township Subdivision and Land Development Ordinance, as amended, and the following supplemental regulations.

Responsibilities of the Mobile Home Park Management:

(1) The mobile home park owner or manager shall operate the court in compliance with this Ordinance and shall provide adequate Supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

(2) The management shall supervise the placement of each mobile home on its mobile home stand which includes assurance of stability and installation of all utilities and connections.

(3) The management shall give any health officer free access to all mobile home lots, service buildings and other community service facilities for the purpose of inspec tion.

(4) The management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park.

(5) state and local taxation laws on the arrival and departure of each mobile home.

The management shall notify the appropriate officials in accordance with

(6) All regulations governing land uses within the Zone District in which a Mobile Home Park is permitted shall apply to Mobile Home Parks. Each MQbile Home Park shall be considered a residential Subdivision and as such must also conform to the regulations of the Jenkins Township Subdivision and Land Development Ordinance. These regulations include, but are not limited to the

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Section 6.000 Supplemental Regulations -c

provision of streets, curbs, sidewalks, buffer yards and screening, off-street parking, drainage, easements, utility line locations, erosion and sedimentation control, site planning and design standards.

6.71 1 Cemeteries, Crematories and Mausoleums

In areas where permitted, due consideration shall be given to compatibility with adjacent land uses, existing or proposed highways, and any elements or factors deemed to affect the public health, safety and welfare of the surrounding area, and a minimum setback may be required from any property line for any structure, grave or place of temporary or permanent burial and such walls, fences, and/or planting of shrubbery, trees, or vines as may be reasonable and proper to afford adequate screening.

6.712 Solid Waste Facilities .

Solid waste facilities, as defined and regulated by the Pennsylvania Department of Environmental Protection, shall include the following operations: landfUs, transfer facility, refuse vehicle staging areas, leaf composting facility, resource recovery facility, waste disposal and processing facility, and recycling facilities, shall be permitted in accordance with Table 1 and subject to the following conditions.

Solid waste facilities shall also include solid waste storage areas and vehicular waste transportation staging areas defined as areas designated for the use or staging of any type of vehicle or container utilized for the use of transportation of solid waste.

(1) No solid waste facility shall be located closer than one-thousand (10oO) feet to any of the following: existing public right-of-way; property line; residential structure; public, semi-public, or institutional use; commercial or recreational facility. The access road and other improvements, serving the solid waste facility, shall be constructed according to the regulations contained in the municipal Subdivision and Land Development Regulations.

(2) All solid waste facilities shall be completely enclosed by a chain link fence not less than ten (10) feet in height. The fence shall be completely erected within six (6) months after issuance of a zoning permit for the facility. All gates shall be closed and locked when the operation is closed for business. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be no advertising sign of any kind placed on the fence. The perimeter of the entire facility shall be landscaped to effectively screen the facility from adjacent properties

(3) The solid waste facility's hours of operation shall be limited to the following: between the hours of 8:OO A.M. to 5:OO P.M. Monday to Friday; between the hours of 8:OO A.M. to 12:OO P.M. on Saturday: and shall not operate on Sunday or national holidays. In no event shall filled or partially filled refuse trucks be allowed to remain on site after closing time.

(4) Prior to the issuance of a Zoning permit, the owner/developer of the facility shall prepare a surface water and groundwater study for the proposed operation. The study shall detail the existing surface and subsurface water conditions and

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Section 6.000 Supplemental Regulations A

explain the precautions that will be undertaken to prevent any surface or groundwater contarnination from the proposed facility.

(5 ) Pennsylvania Department of Environmental Protection.

All solid waste facilities shall comply with the applicable regulations of the

(6) Exemptions

- Exempt from the provisions of this Section are:

(a) three (3) hours while the operator of the refuse vehicle uses the establishment.

Refuse vehicles parked at retail business establishments for a maximum of

(b) establishments, wholesale business establishments and residential buildings.

Solid wasfe containers designed to accept solid waste from retail business

6.713 Group Home and Resident Facilities for Mentally Retarded

Group Homes and Resident Facilities for the mentally retarded shall comply with the following in addition to the other relevant regulations contained herein:

Such facilities shall be licensed by appropriate state andor local licensing agencies in order to obtain zoning approval.

It is noted that "Foster Homes" are considered to be permitted "Home Occupation" uses as per Article 6.702.

Group Homes shall not include facilities for rehabilitation of criminal offenders.

6.714 Day Care Center, Private Nurseries and Kindergartens

Day care centers, private nurseries and kindergartens shall be permitted as a special exception (see Article 4.203) subject to the regulations of the zone district and the following additional standards:

(1) Definitions

Dav Care Centers - a facility in which care is provided for seven (7) or more children, at any one time, where the child care areas are not being used as a family residence. A child is a person under 16 years of age.

The day care facility must hold an approved Pennsylvania Department of Public Welfare (DPW) registration certificate or license, as appropriate, and meet all current DPW regulations including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes. All day care facilities shall be fully protected by smoke detectors and fue extinguishers.

Private Nurserv and Kindergarten - A private nursery school or kindergarten exists when five (5 ) or more children from three through six years of age are gathered regularly for the purpose of developing intellectual, emotional,

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physical and social skills, and the operator possess a valid license issued by the Pennsylvania Department of Education's State Board of Private Academic Schools.

(2) Parking. There shall be one off-street parking space provided for each employee and one safe passenger unloading space measuring 10 feet by 20 feet for each six children that the facility is licensed to accommodate.

(3) Off-Premises Plav Area. When an off-premises outdoor play area is utilized, it must be located within 1,OOO feet and safely accessible without crossing at grade any arterial street or other hazardous area.

(4) surrounded by a safety fence or natural barrier.

Fence. The outdoor play area required by state licensing shall be

(5) Plav Area Setback. No portion of the outside play area shall be less then fifty (50) feet from an existing occupied dwelling without the owner's written consent:

Alternate: Play Area Setback. No portion of the outside play area shall be less than one-hundred (100) feet from an existing occupied dwelling.

(6) Hours. Outside play shall be limited to the hours between 10:00 a.m. and 5:OO p.m.

(7) churches or similar uses. See Section 6.600.

Signs. Any sign shall comply with regulations applicable to schools,

(8) (500) feet from another day care center or private nursery or kindergarten.

Concentration. No day care center shall be established within five hundred

(9) Inspections. Municipal officials reserve the right to make periodic inspections to ensure continued compliance with all state and municipal requirements.

6.715 Family Day Care Homes

Family Day Care Homes shall be permitted as an accessory use (home occupation) in any residential district subject to the standards in that particular district for a single family residence and the following additional safeguards:

(1) Definition

Familv Dav Care Home - any premise other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time for up to four (4) children, who are not relatives of the care-giver.

The day care facility must hold an approved Pennsylvania Department of Public Welfare registration certificate or license, as appropriate, and meet all current DPW regulations including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local buildings and fire safety codes. All day care facilities shall be fully protected by smoke detectors and fire extinguishers.

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(2) Parking. In addition to the particular district’s parking requirements, there shall be one additional off-street parking space provided for each non-resident employee and one safe passenger unloading space measuring at least ten feet by twenty feet.

(3) fence or natural barrier.

Fencing.. The requisite outdoor play area shall be surrounded by a safety

- (4) Hours. Outside play shall be limited to the hours between 1O:OO a.m. and 500 p.m.

6.716 Satellite Earth Stations

Satellite Earth Stations, as defined in Section 2.200, shall be permitted only as an Accessory Use pursuant to Article 4.202 of the Zoning Ordinance and shall also comply with the following supplemental regulations:

(1) No satellite earth station shall have a diameter greater than twelve (12) feet.

(2) required side or rear yard of a lot.

No satellite earth station shall be located within the front yard or in any

(3) maximum height may not exceed fifteen (15) feet.

When the satellite earth station is detached from the principal structure, its

(4) When the satellite earth station is roof-mounted, it shall not exceed ten (10) feet in diameter, it must conform to the zoning district height limitation and its installation must be checked for safety by a registered engineer or architect. Installation and construction must also comply with the municipal building code.

( 5 ) All ground-mounted satellite earth stations shall be totally screened from view at ground level from any adjacent lot(s) or street(s). The screens may consist of plant materials, structures, or earth berms, that are effective year round.

6.717 Planned Residential Developments

It is the purpose and intent of this Section to permit and encourage a more varied, efficient, attractive and economical development pattern, to increase flexibility in the location and arrangement of homes, to provide a more usable pattern of open space, to provide for flexibility of design, and to reduce the long-term costs of maintaining infrastructure to the community while furthering the purpose of this Ordinance. The uses permitted in a Planned Residential Development may include all types of dwellings and those nonresidential uses listed below.

(1) Procedure:

Planned Residential Developments shall be processed concurrently with the subdivisiodland development process set forth in the municipal Subdivision and Land Development Regulations, and shall comply with the development requirements for a major development or subdivision.

(2) Minimumsize:

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Section 6.000 Supplemental Regulations - a

Planned Residential Developments shall contain a minimum of ten (10) acres of land which shall be part of the same parcel of land and contiguous.

(3) Lot Size and Density of Development:

Individual single-family building lots shall be reduced up to 25% of the lot area required for the zone district in which the development is located, however all proposed structures must meet the setback requirements set forth in-Table 2. In no case shall the overall density of the development exceed the density or land area requirements per dwelling unit set forth in Table 2 of this ordinance.

(4) Setbacks:

Planned Residential Developments proposing single-family attached, multi- family structures, or non-residential uses in an R-1 Zone District shall not locate the structures closer than one-hundred (100) feet to a perimeter property line of the development.

(5 ) Sewer:

Planned Residential Developments shall be served by a central sanitary sewer system.

(6) Water Supply:

If water service is to be provided by means other than by private wells owned and maintained by the individual owners of the lots within the Planned Residential Development, than the developer or applicant must present evidence that the PRD is to be supplied water service by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

(7) Open Space:

A. All areas of a Planned Residential Development not conveyed to individual lot owners and not occupied by buildings and required or proposed improvements shall be dedicated in perpetuity as permanent open space to be used for the sole benefit and enjoyment of the residents of the development. Land designated as open space shall be maintained as open space and shall not be sold, used to meet open space requirements for other developments, subdivided, developed or dedicated to any other use.

B. Open space areas shall be maintained so that their use and enjoyment as open space are not reduced or destroyed. Open space areas shall be preserved and maintained by either one or both of the following methods:

1. Dedication to a property owners association which assumes full responsibility for protection and maintenance of the open space.

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I I 8 I 1 I

I I

I I


2. Deed-restricted private ownership which shall prevent development of the open space, provide for its maintenance and protect the rights of owners or occupants of the dwelling units of the proposed project to use and enjoy, in perpetuity, such open space.

C. At least fifty percent (50%) of the designated open space area shall be usable for active recreational activities and shall not include wetlands, quarries, slopes over twenty-four percent (24%), or acreage used for improvements. Storm

- drainage facilities and sewage effluent disposal areas shall be considered improved areas.

However, in no case shall less than twenty-five percent (25%) of the gross area of the tract or parcel be dedicated to open space. The developer shall submit a schedule or plan, and proposed agreement(s) showing the proposed open space ownership and maintenance, as indicated in item B.

(8) Non-residential Uses:

Non-residential uses shall be permitted to be incorporated into the Planned Residential Development provided the following conditions are satisfied

A. A minimum of one-hundred (100) dwelling units must be planned for development within the contiguous area of the tract.

B. No non-residential structures may be constructed until a minimum of fifty percent (50%) of the planned dwelling units have been constructed.

C. Non-residential uses shall be limited to the following:

1. A maximum of two-hundred (ZOO) gross square feet of non- residential floor area may be constructed per dwelling unit.

2. All non-residential uses shall meet the applicable zoning regulations for setbacks (Table 2), parking and loading areas (Tables 3 and 4), and parking area landscaping requirements.

3. Only the following uses may be constructed and integrated into a Planned Residential Development:

Day care centers Retail establishments serving the development Professional offices Office buildings

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Section 7.000 Administration and Enforcement a

ARTICLE 7 ADMINISTRATION AND ENFORCEMENT

7.100 GENERAL PROCEDURE

7.101 Sequence of Permit Steps

Under the terms of this Ordinance, all new construction, alterations or changes in type of occupancy must be made in conformance with the requirements contained in this ordinance. All persons desiring to undertake such new construction, major alterations or changes shall conform to the following general procedure, as well as to all other applicable provisions of this Ordinance.

(a) Application for Permit. The applicant shall apply to the Zoning Officer for a Zoning Permit and Occupancy Pennit by filling out the appropriate application and by submitting the required fee.

(b) Issuance of Zoning Permit. If the applicant's proposed action is in compliance with the regulations contained in this Ordinance, a Zoning Permit shall be issued by the Zoning Officer either on his own authority or, in certain cases as described below, after referral to the Zoning Hearing Board or to the Planning Commission.

(c) Action in Accordance with Zoning Pennit. After receipt of the Zoning Pennit, the applicant may proceed to undertake the construction, alteration or change in use permitted by the Zoning Permit.

(d) Inspection by Zoning Officer. After completion of the construction, alteration or change in use, and before occupancy takes place on the premises, the Zoning Officer inspects the premises and issues an Occupancy Permit if the actions are in accordance with the Zoning Pennit.

(e) Issuance of Occupancy Permit. The receipt of the Occupancy Permit by the applicant ensures the right to continue the use as approved.

7.102 Zoning Permit Types

Under the terms of this Ordinance, six (6) general classes of Zoning Permits may be issued which complies with the appropriate sections of this Ordinance. Each of these classes requires a different procedural action as described below:

(a) Permitted Use. An application for a "Permitted Use" Zoning Permit requires the review of the Zoning Officer, who determines whether the proposed construction, major alteration or change in use is in accordance with the requirements of this Ordinance. The Zoning Officer then either issues or refuses to issue a Zoning Permit accordingly.

(b) Special Exception. An application for a "Special Exception" Zoning Permit must be referred to the Zoning Hearing Board and to the Planning Commission by the Zoning Officer. The Zoning Officer is not empowered to make an independent decision on this matter, although he may submit recommendations to the Zoning Hearing Board and to the Planning Commission. The Planning Commission

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Section 7.000 Administration and Enforcement - a

reviews the application and analyzes the proposed "Special Exception" to determine compliance with the provisions of this Ordinance. The Planning Commission then gives its recommendations to the Zoning Hearing Board which shall meet and make the final decision on the "Special Exception". The Zoning Hearing Board shall then notify the Zoning Officer to either issue or refuse a Zoning Permit accordingly.

(c) Conditional Use. An application for a "Conditional Use" Zoning Permit must be referred to the Planning Commission by the Zoning Officer. The Zoning Officer is not empowered to make an independent decision on this matter, although the Zoning officer may submit recommendations to the Planning Commission. The Planning Commission shall review the application and analyze the proposed "Conditional Use" to determine compliance with the provisions of this Ordinance. The Planning Commission shall submit its recommendations to the Township Supervisors which shall meet and make the final decision and notify the Zoning Officer to either issue or refuse the Zoning Permit accordingly.

(d) Zoning Permit After an Appeal. The applicant may appeal any action taken by the Zoning Officer by submitting an application for an appeal to the Zoning Officer and to the Secretary of the Zoning Hearing Board. The Zoning Hearing Board shall give notice of the date for a public hearing to review the application to determine if the Zoning Officer has acted properly. After the public hearing, and after reaching its decision, the Zoning Hearing Board shall order the Zoning Officer to either issue or refuse a Permit accordingly.

(e) Permit After a Variance Request. Where the applicant feels that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance the applicant may appeal for a variance by submitting an application requesting such variance to the Zoning Officer and to the Secretary of the Zoning Hearing Board. The Zoning Hearing Board shall give notice of the date for a public hearing to review the application for a variance. After the public hearing and after reaching its decision, the Zoning Hearing Board shall order the Zoning Officer to issue or refuse the Zoning Permit accordingly.

( f ) Permit After Request for Reclassification or Amendment. Where an. applicant feels that the Zoning Ordinance is in need of change Kn any part, the applicant may petition the Township Supervisors to consider an Amendment to this Ordinance. Such a petition shall be referred to the Planning Commission for its recommendation. The Township Supervisors shall then, after proper notice, hold a public hearing on the proposed Amendment. After the hearing, the Township Supervisors shall make their decision on the Proposed Amendment. If the Amendment is adopted the applicant can then proceed to apply for a Zoning Permit in the manner applicable to the type of use that the applicant wishes to propose.

7.200 ZONING OFFICER

7.201 Appointment

The Zoning Officer shall be appointed by the Township Supervisors and shall not hold any elective office in the municipality. The Zoning Officer shall continue to serve the municipality until such time as the Township Supervisors declares otherwise. The Zoning Officer shall meet any qualifications established by the Township Supervisors and shall be able to demonstrate to their satisfaction a working knowledge of municipal zoning regulations.

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-.

7.202 Administration and Enforcement

The provisions of this Ordinance shall be administered by the Zoning Officer. The Zoning Officer shall have the following duties and powers:

(a) Inform Applicants. The Zoning Officer shall provide information for prospective applicants as to the type of form to be filed, the information to be submitted, and explain the procedures for filing applications. S-uch information shall be offered as a public service and no charge shall be made for such service.

(b) Form of Applications, Permits and Certificates. The form of all applications, permits and certificates to be used by the Zoning Officer under the terms of this Ordinance, shall be prescribed by the municipality. Said applications, permits and certificates may be combined with other applications, permits and certificates required by the Building Code.

(c) Receive Applications. The Zoning Officer shall receive and examine all applications for permits, certificates and variances and other applications required under the terms of this Ordinance.

(d) Issue Permits. The Zoning Officer shall issue permits for the construction, major alteration and occupancy of all uses which are in accord with the requirements of this Ordinance within thirty (30) days of the receipt of the applications for such permit.

(e) -Refuse Pennits. The Zoning Officer shall refuse applications for permits or certificates which are not in accord with the requirements of this Ordinance within thirty (30) days of the receipt of such application. Said refusal shall be in writing and shall state the reasons for such action. Duplicate copies of such refusals shall be forwarded to the Zoning Hearing Board.

( f ) Issue Notice of Violation. The Zoning Officer shall make a written notice of a violation and issue the same on the person, firm or corporation violating any provisions of this Ordinance. Said written notice shall set forth the action on the part of such persons or corporation that he deems to be in violation. Duplicate copies of said notice shall be referred to the Zoning Hearing Board and to the Township Supervisors.

(8) Keep Records. The Zoning Officer shall keep records of applications, permits or certificates issued or denied, of variances granted, of inspections made, or reports rendered and of notice of orders issued.

(h) Monthly Report. The Zoning Officer shall submit a monthly report to the Township Supervisors, the Zoning Hearing Board and the Planning Commission on the number of applications made, or permits or certificates issued or denied, of variances granted, of inspections made, of reports rendered, of notice of orders issued, and of any other information requested by the Township Supervisors, Zoning Hearing Board or Planning Commission in the furtherance of their duties.

(i) as may be provided or made necessary by the terms of this Ordinance.

Other Powers and Duties. The Zoning Offcer shall perform all other duties

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7.300 ZONING HEARING BOARD

7.301 Creation of Zoning Hearing Board

The Zoning Hearing Board of Jenkins Township is hereby created (also referred to as the "Board") as set forth in the Pennsylvania Municipalities Planning Code, as amended.

7.302 Appointment and Terms of Members

The Zoning Hearing Board shall consist of three (3) residents of the Township appointed by resolution of the Township Supervisors. The terms of office of the three member Zoning Hearing Board shall be three (3) years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Township Supervisors of any vacancies which occur and any appointment to fill any vacancy shall be only for the unexpired portion of the term. No business may be transacted unless three of the members are present at a properly conducted meeting. All actions shall require the affiiative vote of a majority of the members.

The Township Supervisors may also appoint, by resolution, up to (3) residents of the Township to serve as alternate members of the Zoning Hearing Board. The term of office of the alternate members shall be three (3) years. An alternate member of the Zoning Hearing Board may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board nor be compensated unless designated by the chairman of the Zoning Hearing Board as a voting alternate member.

All members and alternate members of the Zoning Hearing Board shall hold no other office in the Township, including membership on the Township Planning Commission or serve as the Zoning Officer.

7.303 Duties and Powers

The Zoning Hearing Board shall be responsible for the interpretation of this Ordinance, and shall adopt, and make available to the public, rules for the exercise of its functions. The Zoning Hearing Board shall have the following duties and powers:

(a) To Hear and Decide Appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Ordinance in accordance with Section 7.500.

(b) Permit Special Exceptions. To hear and decide requests for special exceptions. Prior to action by the Zoning Hearing Board, requests for special exceptions shall be referred to the Planning Commission for their review and recommendation in accordance with Subsection 7.304.

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The Zoning Hearing Board shall determine that the standards set forth in Article 4 have been fulfilled, and in addition, may impose other appropriate conditions and safeguards where necessary to secure the general objectives of this Ordinance.

(c) Authorize Variances. The Zoning Hearing Board may vary the strict application of any of the requirements of this Ordinance provided that such variance is granted only in accordance with Section 7.600.

(d) - Interpretation of Zone District Boundaries. The Zoning Heaiing Board shall decide on the exact location of Zone District boundary lines as specified in Section 3.300.

(e) Other Duties and Powers. the Zoning Hearing Board shall perform such other duties as may be provided or made necessary by this Ordinance including the

To authorize the Zoning Officer to issue Zoning Permits for Special Exceptions, Variances, and Certificates of Nonconformance.

To hold public hearings in accordance with Section 908 of the Pennsylvania Municipalities Planning Code, as amended.

To authorize the termination of a nonconforming use pursuant to Article 5.

To refer any pertinent matter to the Planning Commission for review and recommendation, and defer any decision thereon for a period of not more than thirty (30) days from the date of referral to the Planning Commission, pending a report from the Commission.

To maintain a record of all decisions and the findings upon which said decisions shall be based.

7.304 Referral to Planning Commission

The Zoning Hearing Board shall refer all applications for Special Exceptions to the Planning Commission and any other applications or appeals which in the opinion of the Zoning Hearing Board, require review by the Commission. Upon receipt of such an application from the Zoning Hearing Board, the Planning Commission shall:

(a) set forth in Articles 4 and 6.

Determine compliance of proposed Special Exceptions with the standards

(b) Recommend approval, disapproval, or approve subject to conditions or modifications all matters referred to the Planning Commission and shall submit a written report to the Zoning Hearing Board stating all recommended conditions and modifications and the reasons for such approval or disapproval.

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7.305 Removal of Members

Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Township Supervisors taken after the Zoning Hearing Board member has received fifteen (15) days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the Zoning Hearing Board member shall request it in writing.

7.400 PERMITS AND CERTIFICATES

7.401 Zoning Permits

The purpose of the Zoning Permit is to determine compliance with the provision of this Ordinance, and no person shall erect, structurally alter in a major way, or convert any structure, building or part thereof, nor alter the use of any land, subsequent to the adoption of this Ordinance, until a Zoning Permit has been issued by the Zoning Officer.

(a) Application for Permits. All applications for Zoning Permits shall be in writing and on forms furnished by the Zoning Officer. Applications shall be accompanied by plans, drawn to scale, showing the following information:

(1) The actual shape and dimensions of the lot to be built upon.

(2) The exact size and location of existing or proposed buildings, signs, parking or loading areas.

(3) The existing and proposed use of each building or parts thereof, including number of families, dwelling units, employees, offices or other units of occupancy.

(4) Landscaping plans as may be required under the provisions of this Ordinance.

(5 ) Such other information as may be necessary to determine compliance with this ordinance.

(b) copy shall be kept conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform building operations of any kind unless a Zoning Permit covering such operation has been previously issued, and is being displayed as required by this Ordinance, nor shall building or construction operations of any kind be conducted on the subject premises after notification of the revocation of said Zoning Permit.

Permits to be Shown. Zoning Permits shall be issued in duplicate and one (1)

(c) Revocation of Permits. The Zoning Officer may revoke a Zoning Permit at any time if it appears that the application or accompanying plan is false or misleading, or that work being done upon the premises differs materially from that called for in the application. In such a case, the person holding the permit shall immediately surrender it and all copies thereof to the Zoning Officer. Before issuing a new Zoning Permit, the Zoning Officer may require the applicant to file an indemnity bond in favor of the municipality with sufficient surety conditioned for

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compliance with this Ordinance and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.

7.402 Occupancy Permits

An Occupancy Permit, issued in duplicate, certifying that the premises comply with the provisions of this Ordinance and may be used for the purposes set forth in the permit, shall be received from the Zoning Officer after inspection and prior to the use of occupancy of any building or structure, or part thereof, for which a Zoning Permit is required, or for any change of use of any existing building or structure or part thereof, or for any change of land use. In all cases, a copy of the Occupancy Permit shall be kept on the premises at all times, and shall be displayed upon request made by any officer of the municipality. A record shall be kept of all Occupancy Permits, and the original applications shall be kept on fde in the office of the Zoning Officer.

(a) Application for Permit. Application for an Occupancy Permit shall be made in writing on a form furnished by the Zoning Officer setting forth such facts as the Zoning Officer may require.

(b) Permit Shall Continue. Any Occupancy Permit once granted shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.

7.500 APPEALS

7.501 Appeal from Decision of Zoning Officer

(a) Any person, officer of the municipality, or f m or corporation which deems itself aggrieved by any order of the Zoning Officer shall have the right to file a written appeal to the Zoning Hearing Board within thirty (30) days of the issuance of said order. Such appeal shall contain the information required in Subsection 7.505 and a duplicate copy shall be sent to the Zoning Officer. The Zoning Officer shall transmit to the Zoning Hearing Board all papers constituting the record upon which the action appealed from was taken.

(b) It shall be competent for the Zoning Officer to recommend to the Zoning Hearing Board a modification or reversal of this action in cases where he believes substantial justice requires the same but where the Zoning Officer does not have the authority to grant the relief sought. The Zoning Hearing Board shall fix a reasonable time for the hearing of appeals and give public notice thereof by advertising at least one week before the hearing, and shall give due notice to the parties in interest and shall decide all appeals within a reasonable time. Any party may appear in person or be represented by an agent or attorney.

~ (c) The Zoning Hearing Board shall render a written decision or, when no decision is called for, make written findings on the application within forty-five (45) days after the last hearing before the Zoning Hearing Board. The Zoning Hearing Boards decision shall be immediately filed in its office to be a public record and notice thereof shall be given to all parties in interest. In the exercise of its functions upon such appeals, the Zoning Hearing Board may in conformity with

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the provision of this Ordinance, reserve or affirm, wholly or partly, or modify the order, requirement, decision, or determination in accordance with the provisions hereof.

7.502 Expiration of Appeal Decision

Unless otherwise specified by the Zoning Hearing Board, a decision on any appeal - or request for a variance shall expire if the applicant fails to obtain any necessary

Zoning Permit, or comply with the conditions of said auth-prized permit within six (6) months from the date of authorization thereof.

/

7.503 Appeal from Decision of Zoning Hearing Board

In case of an appeal from the Zoning Hearing Board, the Zoning Hearing Board shall make the return required by law, and shall promptly notify the municipal solicitor of such appeal and furnish him with a copy of the return including transcript of testimony. Any order of the Zoning Hearing Board not appealed within thirty (30) days shall be final.

7.504 Stay of Proceedings

Upon filing of any proceeding during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body, and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous and is for the purpose of delay. At the hearing evidence may be presented on the merits of the case. After consideration of all evidence presented, if the court determines that the appeal is frivolous and is for the purpose of delay it shall grant the petition. The right to petition the court to order the appellants to post bond may be waived by the appellee but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.

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7.505 Information Required on Appeals to the Zoning Hearing Board

All appeals from a decision of the Zoning Officer and applications to the Zoning Hearing Board shall be in writing on forms prescribed by the Zoning Hearing Board. Every appeal or application shall include the following:

(a) The name and address of the applicant, or appellant.

(b) proposed change, or appeal.

- The name and address of the owner of the zone lot to be affected by such

(c) proposed change, or appeal.

A brief description and location of the zone lot to be affected by such

(d) the improvements thereon and the present use thereof.

A statement of the present zoning classification of the zone lot in question,

(e) A statement of the section of this Ordinance under which the appeal is made, and reasons why it should be granted or a statement of the section of this Ordinance governing the situation in which the alleged erroneous ruling is being appealed, and the reasons for this appeal.

( f ) A reasonable accurate description of the present improvements, and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material, and general construction thereof. In addition, these shall be attached to a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements existing thereon and proposed to be erected thereof.

7.600 VARIANCES

7.601 Zoning Hearing Board May Authorize Variance

Upon appeal, and after public notice and personal notice as hereinafter prescribed in Section 7.700 and after hearing, and subject to appropriate safeguards and conditions for the protection of public and of neighboring properties, the Zoning Hearing Board may for a use permitted in the zone district only, vary the strict application of any of the requirements of this Ordinance, provided that said variance shall be in conformity with Section 7.603.

7.602 Purpose of Variance

The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.

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7.603 Required Showing for Variances

A variance in the strict application of any provision of this Ordinance shall be granted by the Zoning Hearing Board provided that all of the following findings are made where relevant in a given case:

(a) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional

- topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions andnot the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.

(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

(c) That such unnecessary hardship has not been created by the appellant.

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

(e) In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this Ordinance.

7.700 PUBLIC HEARINGS TO BE HELD BY ZONING HEARING BOARD

Upon filing with the Zoning Hearing Board, of an appeal, or of a request for a variance as required by the terms of this Ordinance, or for such other purposes as provided herein, the Zoning Hearing Board shall conduct hearings and make decisions in accordance with Section 908 of the Pennsylvania Municipalities Planning Code, as amended:

7.701 Public Notice

By advertising once each week for two (2) consecutive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.

7.702 Notice of Appellant

By mailing a notice of the hearing by registered mail to the appellant.

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7.703 Notice to Local Offlcials

By mailing a notice to each member of the Planning Commission, to the Municipal Secretary, to each member of the Township Supervisors and to the Zoning Officer.

7.704 Notice to Interested Parties

By mailing a notice thereof to every association of residents of the niunicipality and any other interested party who shall have registered their names and addresses for this purpose with the Zoning Hearing Board.

7.705 Notice to Owner and Neighbors

When the Zoning Hearing Board shall order, by mailing a notice to the owner, if the residence is known, and to the occupant of every lot on the same street within three hundred (300) feet of the lot or building in question, and of every lot not on the same street within one hundred (100) feet of said lot or building; provided that failure to give such notice as specified in this paragraph shall not invalidate any action by the Zoning Hearing Board.

7.706 Conduct of Hearings and Related Procedures

(1) The hearings shall be conducted by the Zoning Hearing Board or the Zoning Hearing Board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Zoning Hearing Board, however the parties may, prior to the decision of the hearing, waive decision or findings by the Zoning Hearing Board and accept the decision or frndings of the hearing officer as final.

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

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

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

(5 ) unduly repetitious evidence may be excluded.

Formal rules of evidence shall not apply, but irrelevant, immaterial, or

(6) The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings including graphic or written material

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received in evidence. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board or shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or shall be paid by the person appealing from the decision of the Zoning Hearing Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting the copy or copies. In other cases the party requesting the original transcript shall bear the cost.

(7) The Zoning Hearing Board or the hearing officershall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communications, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to content the materials or notices and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

(8) The Zoning Hearing Board shall render a written decision or, when no discussion is called for, make written findings on the application within forty-five (45) days after the last hearing before the Zoning Hearing Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions. Conclusions based on any provisions of this act or of any Ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Zoning Hearing Board shall make his report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Boards decision shall be entered no later than forty-five (45) days after the decision of the hearing officer. Where the Zoning Hearing Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within sixty (60) days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the application unless the applicants have agreed in writing to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision as here-in-above provided, the municipality shall give public notice of said decision within ten (10) days in the same manner as provided in subsection (1) of this section. Nothing in this subsection shall prejudice the right of any party opposing the application to urge that such decision is erroneous.

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

7.800 AMENDMENTS

The Township Supervisors may, on their own motion or by petition, amend, supplement, change, modify or repeal their Ordinance, including the Zoning Map, by proceedings in the following manner:

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7.801 Public Hearing

The Township Supervisors by Resolution adopted at a public meeting, shall by appropriate public notice fix the time and place of a public hearing on the proposed amendment. The notice shall state the general nature of the proposed amendment in such reasonable detail as will give adequate notice of its contents, and shall name the place or places where copies of the proposed amendments may b’e examined.

7.802 Review by Planning Commission

Every such proposed amendment or change, whether initiated by the municipality or by petition shall be referred to the Planning Commission for report thereon before the public hearing hereinafter provided for. If the Planning Commission shall fail to file such a report within fifteen (15) days after its next regularly scheduled meeting, it shall be conclusively presumed that the Planning Commission has approved the proposed amendment, supplement or change.

7.803 Opportunity to be Heard

At the public hearing, full opportunity to be heard shall be given to any citizen and all parties in interest.

7.900 ENFORCEMENT AND VIOLATIONS

7.901 Enforcement

This Ordinance shall be enforced by the Zoning Officer. Any and all permits required under this Ordinance shall be granted in accordance with the rules and regulations of this Ordinance only, and/or by written decisions from the appeal agencies established by this Ordinance.

7.902 Initiation of Appropriate Action

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Ordinance, or of any ordinance or regulation made under authority conferred hereby, the Zoning Officer, or other proper enforcement official, or any citizen of the municipality in addition to other remedies, may institute any appropriate action of proceedings to prevent such unlawful erection, conversion, maintenance or use, to restrain, correct, or abate such violation within 10 days and to prevent the occupancy of said building, structure to land, or to prevent any illegal act, conduct, business or use in or about such premises.

7.903 Enforcement Remedies

Any person, firm or corporation who or which has violated or permitted the violation of any of the provisions of this Zoning Ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Municipality,

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pay a judgement of not more than $500.00 plus all court costs, including reasonable attorney fees incurred by the-Municipality as a result thereof.

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

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

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

7.904 Actions Initiated Prior to Passage of Ordinance

The passage of this Ordinance shall not automatically suspend any pending actions instituted one year or less prior to said passage against any person, firm, or corporation accused to be in violation of Municipal zoning laws existing prior to said passage. Before any proceedings may be suspended, an appropriated legal determination must be made as to whether or not the person, firm or corporation is also in violation of this Ordinance. If it is ruled that the person, fum, or corporation is not in violation of this Ordinance, then the action may be suspended; if the ruling is otherwise, then the proceedings shall continue as instituted.

7.905 Fees

As authorized by Section 617.2(e) and Section 908(1.1) of the Pennsylvania Municipalities Planning Code, the Township Supervisors shall establish a uniform schedule of fees, charges and expenses, as well as a collection procedure, for zoning permits, conditional use permits, Zoning Hearing Board proceedings and other matters pertaining to this Ordinance.

Permits, special exceptions and variances shall be issued only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until all fees have been paid in full.

The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board or shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or shall be paid by the person

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appealing fiom the decision of the Zoning Hearing Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting the copy or copies. In other cases the party requesting the original transcript shall bear the cost.

The above fees, in addition to those fees required by the Building Code, shall be paid at the office of the Zoning Officer upon the filing of an application for a zoning Pennit.

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ARTICLE 8 INTERPRETATION AND VALIDITY

8.100 INTERPRETATION

In the interpretation and the application of the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, and general welfare. It is not intended to interfere with or abrogate

- or annul other rules, regulations or ordinances, provided that where this Ordinance imposes a greater restriction upon the use of a building, or requires larger open spaces, the provisions of this Ordinance shall control. In the event that more than one (1) provision of this Ordinance applies to a specific instance, the more restrictive provision shall control.

8.200 SEPARABILITY

If any section subsection, sentence, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The governing body of Jenkins Township hereby declares that they would have passed this Ordinance and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.

8.300 REPEALER

All Ordinances or parts of Ordinances of Jenkins Township in conflict with this Ordinance, to the extent of such conflict and no further, are hereby repealed.

8.400 EFFECTIVE DATE

This Ordinance shall take effect immediately subsequent to the adoption hereof.

DATE OF ADOPTION: October 21. 1998

T6VN!SHIP SECRETARY BOARD OF SUPERVISORS

BOARD OF SUPERVISOR$)'

BOARD OF SUPERVISORS

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