ZONING ARTICLE Ielibrary.pacounties.org/Documents/Bradford_County/406... · 2012. 4. 25. · f c 5 103-1 ZONING GENERALREFERENCES Planning Commission -See Ch. 19. Building construction

ZONING

Chapter 103

ZONING

ARTICLE I General Provisions

0 103-1. Applicability. 0 103-2. Purpose. § 103-3. Interpretation.

0 103-4. Community development objectives.

ARTICLE I1 Terminology

§ 103-5. Word usage.

0 103-6. Definitions.

ARTICLE 111 Establishment of Zoning Districts

§ 103-7. Districts enumerated.

§ 103-8. ZoningMap.

§ 103-9. Interpretation of boundaries.

§ 103-10. District boundaries.

ARTICLE IV District Uses and Regulations

§ 103-11. Intent.

10301 8-1-97

A!I'"ENS CODE

8 103-12.

9 103-13.

8 103-14. 8 103-15. 8 103-16. 0 103-17. 8 103-18. 8 103-19. 8 103-20. 8 103-21.

Q 103-22. Q 103-23. 0 103-24. 0 103-25. 8 103-26.

Schedule I: R 1 Residential, Low-Density District.

Schedule II: R-2 Residential, Medium-High- Density District.

Existing lots.

Etrd requirements.

Height limitations.

Group developments.

Public street frontage.

Schedule IIk B-1 Business District.

Schedule Iv: C-1 Conservation District. Schedule V: A-1 Agricultural District.

ARTICLE V Supplementary Provisions

Signs.

Off-street parking and loading.

Mobile home courts.

Fences.

Home occupations.

§ 103-26.1. Reduction conversion.

ARTICLE VI Nonconforming Uses and Buildings

0 103-27. Continuation. 9 103-28. Regulation. 8 103-29. Termination.

10302 8-1-97

8 10330. Q 103-31. Q 103-32. Q 103-33. Q 103-34. Q 103-35. 0 103-36. Q 10337. 6 103-38. Q 103-39.

Q 103-40. Q 103-41. 4 103-42. Q 103-43. Q 103-44. 0 103-45. Q 103-46. Q 103-47.

0 103-48. Q 103-49.

ZONING

ARTICLE VI1 Zoning Hearing Board

Creation; membership; terms; procedure.

Applications and appeals.

Powers and duties; limit on jurisdiction. Notice of hearings.

Referral to Planning Commission.

Variances.

Special exceptions.

Conditional uses.

Challenges.

Court review.

ARTICLE VI11 Administration and Enforcement

Zoning Officer.

Permits.

Certificates of use and occupancy.

Enforcement.

Enforcement notice.

Causes of action.

Jurisdiction.

Violations and penalties; enforcement remedies.

Fees.

Publication, advertisement and availability of ordinances.

10303 8-1-97

. ' ) -. , . I , . . . I

-- . i P

ATHENS CODE

ARTICLE M Amendments

5 103-50. Q 103-51.

Q 103-52. Q 103-53. Q 103-54. Q 103-55. 5 103-56. Q 103-57. Q 103-58. Q 103-59. Q 103-60. 8 103-61. Q 103-62. Q 103-63.

Authority; higher standards to apply.

Procedures.

ARTICLE X Blue Swan Airport

Short title.

Definitions.

Airport zones.

Airport zone height limitations.

Use restriction.

Nonconforming uses.

Permits.

Enforcement.

Appeals.

Judicial review.

Violations and penalties.

Amendments.

[EISTORY: Adopted by the Borough Council of the Borough of Athens 9-10-1990 as Ord. No. 424, approved 9-10-1990.' Amendments noted where applicable.]

Editor's Note: This ordinance supersedes former Ch. 103. Zoning, adopted 4-12-1976 as Ord. No. 318. approved 4-12-1976. as amended.

10304 8-1-97

f c

5 103-1 ZONING

GENERALREFERENCES

Planning Commission -See Ch. 19. Building construction -See Ch. 43. Flood damage prevention - See Ch. 60. Property maintenance -See Ch. 82. Streets, sidewalks and driveways - See Ch. 88. Trees - see ch. 96.

6 103-2

ARTICLE I General Provisions

6 103-1. Applicability.

and affect the Incorporated Borough of Athens, Pennsylvania. The regulations and provisions of this chapter shall apply to

0 103-2. Purpose. A. The purpose of this chapter is to comply with the

provisions of the Pennsylvania Municipalities Planning Code and its amendments and to promote, protect and facilitate the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provision of adequate light and air, police protection, vehicle parking and

(Cont'd on page 10305)

10304.1 8-1-97

i i

' r ' !j 103-2 ZONING 0 103-4

loading spaces, transportation, water, sewerage, schools, public grounds and other public requirements.

B. This chapter is also designed to prevent the following: overcrowding of land, blight, danger and congestion in travel and transportation and loss of health, life or property from fire, flood, panic or other dangers.

5 103-3. Interpretation. In the interpretation and the application of the provisions of this

chapter, such provisions shall be held to be the minimum require ments for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with, abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes greater restrictions upon the use of buildings or premises, upon the height or bulk of a building or requires larger open spaces, the provisions of this chapter shall prevail.

5 1034 Community development objectives A. This chapter is based on the Comprehensive Plan Update for

the Borough of Athens, as prepared in 1989. Said Comprehen- sive Plan Update establishes the community development objectives for the Borough of Athens. Therefore, this chapter is adopted to implement such factors as land use, population density, streets and traffic and other community facilities and utilities, generally as defined in the Athens Borough Compre hensive Plan Update.

B. Pursuant to the Pennsylvania Municipalities Planning Code: as amended, the following community development objectives have been established:

(1) To maintain and improve the existing character of the community.

(2) To conserve and promote the borough's public health, safety and general welfare.

i i

. . . . , , . . I

Q 103-4 ATHENS CODE 5 103-5

(3) To maintain a viable tax base through sound fiscal management and the proper balance of land use.

(4) To work with surrounding municipalities to combine governmental services where practical.

(5) To offer a variety of dwelling types and to provide housing opportunities for a wide cross section of the population.

(6) To sustain high quality of neighborhoods and to protect individual property values by encouraging proper standards of design, construction and maintenance.

(7) To implement the Land Use Plan through strict enforce ment of zoning, subdivision and other development and construction codes

(8) To coordinate the planning process with local, state and federal plans, policies and progmns.

(9) To minimize future damage by flooding through the regulation and control of development within the hundred-year floodplain.

(10) To improve and expand public facilities as required.

(11) To ensure to the fullest extent possible that land usage conforms to all of the provisions set forth in this chapter and the Zoning Map, which was prepared in view of existing land use, land use mixture patterns and future development potential.

ARTICLE n Terminology

Q 103-5. Wordusage. A. Words used in the present tense include the future, and the

singular number shall include the plural, and the plural, the singular.

10 - 25 - 90 10306

5 c

5 103-5 ZONING 5 103-6

B. The words ‘occupied” or ”used” shall include “arranged, designed, constructed, altered, converted, rented, leased or intended to be used.”

C. The word “shall” is mandatory and not directory.

0 103-6. Defitions. Unless the context otherwise requires, the following

dehitions shall be used in the interpretation and construction of this chapter:

ACCESSORY USE - A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. “Accessory use” also includes a portable structure used for storage and shall be subject to this chapter, including but not limited to the setback requirements. An accessory structure that is subordinate to the principal use of a building shall not be used as living quarters. [Amended 11-14-1994 by Ord. No. 467, approved 11-14-1994; 11-11-1995 by Ord. No. 478, approved 11-11-19951

AGRICUL’ITJRE- The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry h u s b a n b , and the necessary accessory uses for farm homes and packing, treating or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of normal agricultural activities, and provided further that the above uses shall not include commercial hog farms or fur f m s and shall exclude fertilizer plants or the sale of fertilizer, feed stores, tanneries and similar objectionable uses.

AUEY- A public or private way affording secondary means of access to abutting property.

10307 12-25-95

5 103-6 A!l!HENS’ CODE 3 103-6

APPLICANT -A landowner or developer, as hereinafter defined, who has iiled an application for development, including his heirs, successors and assigns.

BOARDINGHOUSE or LODGING HOUSE -A building or part thereof? other than a hotel or restaurant, where meals a n d o r lodging are provided for compensation for five (5) or more persons not transients.

BOARD or ZONING HEARING BOARD - The Zoning Hearing Board as appointed by the governing body in connection with the Athens Borough Zoning Ordinance.

BUILDING - A structure for the shelter or enclosure of persons, animals or chattels.

BUILDING HEIGHT- The vertical distance from the grade to the highest point of the coping of a flat roof, to the deckline of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

COMMISSION or PLANNING COMMISSION- The Athens Borough Planning Commission of Bradford County, Pennsylvania. COMMON OPEN SPACE - A parcel or parcels of land or an area of water, or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking area and areas set aside for public facilities.

CONDITIONAL USE - A use permitted in a particular zoning district pursuant to the provisions of this chapter. CONVENIENCE STORE - A commercial establishment for the sale of commercial energy sources, food products, video tapes or convenience items, with food served on the premises on a limited basis. Sale of alcoholic beverages is prohibited. If located in a residential area, the hours of operation shall be h m 6:OO a.m. to 12:OO midnight.

. I . . . .

10308 12-25-95

I i

8 103-6 5 103-6 ZONING , -._ - 2. .

CONVERSIONS [Added 7-14-1997 by Ord. NO. 500, approved 7-14-1997] - When an owner or occupant of real property, residential or commercial, reduces or expands the numbers of units in the structure.

A. APARTMENT CONVERSION - An existing dwelling unit that is or was converted to add or reduce an additional residential unit dwelling for more than one family, without substantially altering the exterior of the building.

B. COMMERCIAL CONVERSION- An existing commercial business which is converted to add or reduce an additional dwelling or to add or reduce an additional commercial use, without substantially altering the exterior of the building.

REDUCTION CONVERSION - When the owner or occupant of real property, residential or commercial, reduces the number of units in the structure.

DEVELOPER- Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT PLAN - The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of the development plan” when used in this chapter shall mean the written and graphic materials referred to in this definition.

DISTRICT- A portion of the territory of Athens Borough within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this

C.

10308.1 8-1-97

5 1

, .

0 103-6

*

ZONING

chapter. The term "R District" or "residential district" shall include R-1 and R-2 Districts.

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

DWELLING - Any building or portion thereof which is designed for or used for residential purposes.

DWELLING, MULTIPLE - A building used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats, townhouses and group houses.

DWELLING, SINGLE-FAMILY - A detached building arranged or used for occupancy by one (1) family.

DWELLING, TWO-FAMILY - A detached or semidetached building where not more than two (2) individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

DWELLING UNIT - One (1) or more rooms for living purposes, together with separate cooking and sanitary facilities, used or intended to be used by one (1) 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.

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, golfdriving ranges, commercial swimming pools, carnivals and related uses.

FAMILY A. A single person occupying a dwelling unit and maintain-

ing a household; or

10309 10-25-90

9 103-6 ATHENS CODE Q 103-6

B. Two (2) or more persons related by blood or marriage occupying a dwelling unit, living together and maintaining a common household, including no more than one (1) boarder, roomer or lodger; or

Not more than five (5) unrelated persons occupying a dwelling unit, living together and maintaining a common household.

FARM - An area of land not less than five (5) acres in size and used for agricultural purposes as defined in “agriculture.” FLOOR AREA - For the purposes of app’y’nyg the requirements for off-street parking and loading, in t&? case of offices, merchandising or service types of uses, tJ-& gross floor area used or intended to be used by temts or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair processing or paclcaging of merchandise, for shop windows, foi offices incidental to the management or maintenance of store or buildings, for toilet or rest rooms, for utilities or foi dressing rooms or fitting or alteration rooms GARAGE, PFUVA’lX - A space or structure on the same lo1 with or in the building to which it is accessory, for s t o r a ~ only, having no public shop or Service in connection therewitl and in which no Occupation, business or industry is conducted Except on farms, only one (1) commercial motor vehicle no1 exceeding two (2) tons’ capacity or weight may be parked in e ”private garage” or driveway.

GARAGE, SERVICE - A garage, other than a privatc garage, where motordriven vehicles are stored, equipped foi operation, repaired or kept for remuneration, hire or sale.

HOSPITAL - A medical facility that provides medical can to the general public in the form of emergency and inpatien for twenty-four (24) hours or more, including all of tht necessary facilities to accomplish patient care.

HOTEL - A building designed or used primarily as 2 temporary abiding place in which lodging is provided foi

C.

10310 10 - 25 - 94

- . .- Y I . . ,...

. 0 103-6 ZONING 0 103-6

compensation, with or without meals, containing ten (10) or more guest rooms and having an outside entrance in common.

JUNKYARD- A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumberyards and places or yards for use of salvaged house wrecking and structural steel materials and equipment, but excluding such uses when conducted entirely within a completely enclosed building, and excluding pawnshops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment and the processing of used, discarded or salvaged materials as part of manufacturing operations.

KENNEL - A state-licensed facility for the housing of dogs of all species and varieties, for nonprofit and profit. LANDOWNER- The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner o r other person having a proprietary interest in land.

LOT- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. LOT, COWER- A lot abutting on and at the intersection of two (2) or more streets or upon two (2) parts of the same street where, in either case, the interior angle formed by intersection of the street lines does not exceed one hundred thirty-five degrees (135").

LOT, INTERIOR- A lot other than a corner lot or through lot.

10311 4 - 25 - 96

.. . . , . "'., . , , , . . .' .. . > 1 '. . :: . * :: . . . ., .;. i .. ,

-

5 103-6 ATHENS CODE 4 103-6

LOT OF RECORD - Any lot which individually or as part of a subdivision has been recorded in the office of the Recorder of Deeds of Bradford County, Pennsylvania.

LOT WIDTH - The width of a lot at the front building line, measured at right angles to its depth.

MANUFACTURED HOUSING - A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, as defined in Section 603(6) of the Act, or as 42 U.S.C. 0 5402(6) defines a "manufactured home." [Added 12-11-1995 by Ord. No. 481, approved

MEDIATION - A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MOBILE HOME (HOUSE TRAILER) - A transportable single-family dwelling intended for permanent occupancy, contained in one (1) unit or in two (2) or more units designed to be joined into one (1) integral unit 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.

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

12-11-1995]

10312 4 - 25 - 96

0 103-6

ructure or to comply

isions in a r hereafter ed prior to :nt or prior ment to its conforming mited to,

of land or ’ applicable tmendment h use was nt of such plication of ~y reason of

.ertisement k face, of a he land or ling official :nt body.

:e used for : and which

nducted for he general itch repair, (ties.

-An area doped as a mits or a 11 uses, the pond in lot ‘r intensity,

. , , , . . . ,- . , ’, ,. ,.. : .>;, . .;. , . ., , , ..\I . . . \ , , --. . : : . . . . . . :,.. >..-.A .. . $ .-- - ?.

9 103-6 ZONING 0 103-6

MOBILE HOME PARK- A parcel, or contiguous parcels, of land which has been so designated and improved that it contains two (2) or more mobile home lots for the placement thereon of mobile homes.

MODULAR HOME - A transportable, single-family dwelling intended for permanent occupancy, contained in two (2) or more units designed to be joined into one (1) integral unit 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 with a permanent foundation. [Added 12-11-1995 by Ord. No. 481, approved 12-11-19951 MOTEL, MOTOR COURT or TOURIST COURT - One (1) or more buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent, each of which has a separate outside entrance.

lawful building or other structure which does not conform to one (1) or more of the applicable area regulations of the district in which it is located either on the effective date of this chapter or as a result of a subsequent amendment thereto.

NONCONFORMING LOT - A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

(Cont’d on page 10313)

NONCONFORMING BUILDING OR STRUCTURE - A

9 - 25- 97 10312.1 4 - 25 - 96

Q 103-6 ZONING Q 103-6

the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The


10314.1 9 - 25 - 97

9 103-6 9 103-6 ZONING

h t publication shall not be more than tbirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.

PUBLIC USES - Public schools, parks and administrative, cultural and service buildings and telephone exchange buildings, but not including public land or buildings devoted primarily or solely to the storage and maintenance of equipment and material.

RECREATIONAL FACILITIES, PRIVATE - Group recreation facilities other than commercial or public recreation uses, not operated for profit and open only to its members.

RECREATIONAL FACILITIES, PUBLIC - Those publicly owned and operated and open to the general public.

RENEWABLE ENERGY SOURCE- Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including but not limited to biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy, excluding those sources of energy used in the fission and fusion processes.

ROOMING HOUSE- See 'Cboardinghouse or lodging house."

SEMIPUBLIC USE - Churches, Sunday schools, parochial schools, colleges and other institutions of an educational, charitable, religious or philanthropic nature.

SHOPPING CENTER- A retail commercial area designed as a unit, with adequate off-street free parking area and usually consisting of several one-story buildings.

SIGN - An advertisement displayed outside a building, pertaining to a product, service or name related directly

10315 l2-25-95

, .,.. * _. 5 103-6 A!I?HENS CODE 4 103-6

to the permitted activity carried on and use of the lot on which it is placed, including painted walls or structures.

SPECIAL EXCEPTION- A use permitted in a particular zoning district pursuant to the provisions of subdivision, land development and zoning. The Board may grant a “special exception” pursuant to express standards and criteria established in this chapter. Requests for such “special exception” shall be decided by the Board &r a hearing to determine compliance with said standards and criteria and &r review by the Planning Commission.

SPECIAL USE - Identical to a special exception. STORAGE TRAILER- A portable vehicular structure built on a chassis, designed to be used for storage and transportation of goods. This deijnition shall apply to all such trailers with dimensions in excess of six (6) feet in width and nineteen (19) feet in length. [Amended 11-11-1995 by Ord. No. 478, approved 11-11-1995] STORY - That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a ustory“ if its ceiling is over six (6 ) feet above the average level of the finished ground surface adjoining the exterior walls of such “story“ or if it is used for business or dwelling purposes.

STREET- Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other way used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STRUCTURAL ALTERATION- Any change in the structural members of a building, such as walls, columns, beams or girders.

STRUCTURE - Any man-made object having ascertainable stationary location on or in land or water, whether or not af6xed to the land.

10316 12-25-95

10317 12-25-95

0 103-6 ZONING 0 103-6

SUBDMSION- The division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, trads, parcels o r other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIALLY COMPLETED - Where, in the judgment of the Municipal Zoning Officer, at least ninety percent (90%) (based on the cost of the required improvements for which hancial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approved plan so that the project will be able to be used, occupied or operated for its intended use.

SWIMMING POOL - Any body of water or receptacle for water having a depth at any point greater than two (2) feet, used or intended to be used for swimming or bathing and constructed or installed or maintained in or above the ground, outside any building.

and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone and radio messages between subscribers, provided that in a residential district such building shall conform to the architectural design of the neighborhood and shall not include public access or business facilities, storage of materials, trucks or repair facilities or the housing of repair crews.

TOURIST HOME- A rooming house primarily for transient guests.

TRAILERS AND SIMILAR VEHICLES:

TELEPHONE EXCHANGE BUILDING- A building

0 103-6

A.

B.

C.

D.

E.

ATHENS CODE 0 103-6

TRAVEL TRAILER - A portable vehicular structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as "travel trailer" by the manufacturer of the trailer and, when fadory equipped for the road, having a body width not exceeding eight (8) feet; being of any length, provided that its gross weight does not exceed four thousand five hundred (4,500) pounds; or being of any weight, provided that its body length does not exceed twenty-nine (29) feet.

PICKUP COACH - A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

MOTORIZED HOMES - A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

SMALL UTILITY TRAILER- Any trailer usually drawn by passenger automobile, used for the occasional transport of personal effects.

OFFICE TRAILER/CONSTRUCTION SITE TRAILER - Any trailer used for a temporary office for construction workers at the site of construction or an office trailer used in conjunction with a business. A permit is required with a fee of five dollars ($5.). A certificate of occupancy is to be issued by the Building Official, with permit expiring aRer a period of one (1) year. Permits may be renewed for one-year periods upon the approval of the Building Official. "Office trai.ler/construction site trailers" are permitted in the Business District only.

TRANSFERABLE DEVELOPMENT RIGHTS- The attaching of development rights to s p e d e d lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred &om those

10318 12-26-95

. . . . . . . . . . . . . . . . . . . . - . . _i .... c I _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 I

10319 12-25-95

.- e -

0 103-6 ZONING $ 103-6

lands so that the development potential which they represent may occur on other lands within the municipality where more intensive development is deemed by the municipality to be appropriate.

VARIANCE- The Zoning Hearing Boardk authorized departure from the provisions of this chapter where the Board finds that such provisions inflict unnecessary hardship upon an applicant in accordance with the procedure set forth in this chapter.

VENTILATING SHAFI'S- Any structure designed to furnish air and/or power, including transformation and conversion of said power, to underground coal mines.

YARD - Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up except for accessory buildings or such projections as are expressly permitted in this chapter. The minimum depth or width of a "yard" shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.

YARD, FRONT- An open space extending the full width of the lot between a building and the front lot line.

YARD, REAR - An open space extending the full width of the lot between the building and the rear lot line.

YARD, SIDE - An open space extending from the front yard to the rear yard, between a building and the nearest lot line.

ZONING CERTIFICA!IE- The written authorization issued by the Zoning Officer for use of land, buildings or other structures.

ZONING MAP- The map or maps containing the zoning districts of Athens Borough, Bradford County, Pennsylvania, together with all amendments subsequently adopted.

5 103-6 ATHENS CODE 8 103-9

ZONING OFFICER- The Zoning Officer or his authorized representative appointed by the governing body of Athens Borough, Bradford County, Pennsylvania.

ARTICLE III Establishment of Zoning Districts

§ 103-7. Districts enumerated.

hereby divided into the following districts:

R- 1 Residential, Low-Density District R-2 Residential, Medium-High-Density District B-1 Business District c-1 Conservation District A-1 AgriculW District FP Floodplain District

For the purposes of this chapter, the Borough of Athens is

§ 103-8. Zoning Map.

The location and boundaries of these districts are established as shown on a map entitled and known as the “Official Zoning Map of Athens Borough, Bradford County, Pennsylvania.” The Zoning Map is hereby made a part of this chapter.2

0 103-9. Interpretation of boundaries. If uncertainty exists as to the boundary of any district shown

on the Zoning Map, the Zoning Hearing Board shall determine the location of such bound-.

. . . .

10320 12 - 25 - 05

0 103-10 ZONING 0 103-12

0 103-10. District boundaries. The boundaries between districts are, unless otherwise

indicated, either the center lines of streets or property lines or such lines extended or lines parallel or perpendicular thereto.

ARTICLE IV District Uses and Regulations

§ 103-11. Intent.

intended to regulate development in each zone district. The attached schedules set forth the restrictions and controls

§ 103-12. Schedule I: R-1 Residential, Low-Density District. [Amended 11-11-1995 by Ord. No. 478, approved 11-11-1995; 12-11-1995 by Ord. No. 481, approved 12-11-1995; 9-8-1997 by Ord. No. 502, approved 9-8-19971

This schedule governs development and the use of land in the

A. Uses permitted without Board approval shall be as

R-1 Residential, Low-Density District:

follows:

(1) Single-family detached residence.

(2) Professional office (operated by a single professional).

(3) Accessory uses to the above.

B. Uses requiring Board approval shall be as follows:

(1) Two-family residence.

(2) Multifamily residence.

(3) Home occupation.

(4) Public recreational facilities.

10321 9 - 25 - 97

,

0 103-12 ATHENS CODE 9 103-13

( 5 ) Public grounds.

(6 ) Private foundations or related cultural museums and libraries.

(7) Accessory uses customarily related to the above. C. Lot, area and bulk requirements shall be as follows:

(1) Minimum lot area: 7,200 square feet..

(2) Minimum lot width: 60 feet.

(3) Minimum setback requirements.

(a) Front: 30 feet.

(b) Rear: 30 feet.

(c) Side: none less than 10 feet; combined, not less than 20 feet.

(4) Maximum height: 30 feet.

( 5 ) Maximum land coverage: 30%.

D. Accessory structures. The maximum land coverage of an accessory structure shall be 10%.

E. Manufactured housing, mobile home house trailers and modular homes, as defined in this chapter, shall be prohibited in the R-I District.

0 103-13. Schedule II: R2 Residential, Medium-High-



Density District.

R-2 Residential, Medium-High-Density District:

follows:

(1) Single-family detached residence.


10322 9 -25 - 97

, . .. , . ,;, ,. , , ~, _ _ ' I . . ' . . I I. I . . .

L .

0 103-13 ZONING 0 103-13

(3) Professional offices (operated by a single professional). [Amended 11-11-1995 by Ord. No. 478, approved 11-11-19951

(4) Public grounds.

10322.1


9 -25 - 97

i

,.. -

5 103-13 ZONING 6 103-13


B. Uses requiring Board approval shall be as follows:

(1) Multifamily; conversions. [Amended 7-14-1997 by Ord. No. 500, approved 7-14-19971

(a) Multifamily.

(b) Conversion increases or expansion.

(2) Branch telephone exchange.

(3) Cemetery.

(4) Club, fraternity house and lodge.

(5) Grouped professional office. A grouped professional office is the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers, realtors and accountants which may be used as a multiprofessional office and is not restricted to sole_ practitioners. [Amended 11-11-1995 by Ord: No. 478, approved 11-11-19951

(6) Home occupation.

(7) Hospital or sanatorium.

(8) Mortuaries.

(9) Nursing or convalescent homes.

(10) Private recreational facilities.

(11) Roomers or boarders.

(12) Semipublic uses.

(13) Tourist homes.

(14) Accessory uses customarily related to the above.

(15) Front yard parking.

C. Lot, area and bulk requirements shall be as follows:

(1) Single-family residence.

10323 8-1-97

0 103-13 " E N S CODE 5 103-13

(a) Minimum lot area: 5,000 square feet.

(b) Minimum lot width: 50 feet.

(c) Minimum setback requirements.

[l] Front: 20 feet. [21 Rear: 20 feet.

[3] Side: none less than nine feet. [a] Detached requires two side yards.

[bl Semidetached requires one side yard of at least 15 feet.

(d) Maximum height: 30 feet.

(e) Maximum land coverage: 30%.


(a) Minimum lot area: 5,000 square feet.



[l] Front: 20 feet.

[2] Rear: 30 feet.

131 Side: none less than nine feet; combined, not less than 18 feet.

[a] Detached requires two side yards.

lbl Semidetached requires one side yard of at least 15 feet.

(d) Maximum height: 30 feet.

(e) Maximum land coverage: 30%.

(3) Multifamily residence.

(a) Minimum lot area.

Four thousand square feet for first two units.

[l]

10324 8-1-97

0 103-13 ZONING 0 103-14

[2] Two thousand square feet for each



additional unit.

[l] Front: 30 feet.

[2] Rear: 30 feet.

[3] Side: 25 feet each side. (d) Maximum height: 40 feet.

(e) Maximum dwelling unit density: 12.5 per acre.

(f) Maximum land coverage: 30%.

Detached accessory structures for any single-family residence, two-family residence or multifamily residence shall be four feet from the rear property line and four feet from the side property line. Said accessory uses shall include but not be limited to a garage, tool shed and/or storage shed. The maximum land coverage of an accessory structure for any of the above residential uses shall be a maximum of 10%. [Added 12-9-1991 by Ord. No. 434, approved 12-9-1991; amended 11-11-1995 by Or& No. 478, approved 11-11-19951

0 103-14. Existing lots. [Amended 11-11-1995 by Ord. No.

Where the owner of a lot at the time of the adoption of this chapter or his successors in title thereto does not o m sufficient contiguous land to enable him to conform to the required dimensions in this chapter, such lot may be used as a lot for any purpose permitted in the zone, provided that the minimum area requirement for such lot shall be 5,000 square feet of lot size and 50 feet of lot width, the minimum side yard area for any building shall be no less than 10 feet and all other regulations prescribed for the zone by this chapter are complied with.

478, approved 11-11-19951

! 10324.1 8-1-97

0 103-15 ATMENS CODE 6 103-15

8 103-15. 'Ilard requirements. A. lluds facing on a public street. All yards facing on a

public street shall be considered front yards and shall conform to the minimum fi-ont yard requirements for the zone in which they are located. The mailing address shall be the front yard for comer lots.

B. Open storage. No front yard shall be used for open storage of boats, trucks, recreational vehicles, automobiles or motorized vehicles, for vehicular parking or for driveways. Front yard parking space is prohibited. No front yard shall be paved for purposes of parking, etc., unless the paved area leads to a side or rear area garage.

C. Irregularly shaped lots. In the case of irregularly shaped lots, the minimum width of the rear property line may be reduced to not less than 50% of the minimum lot width requirement, provided that the front property line meets the minimum lot width requirement and the lot meets minimum lot area requirements.

D. Pronounced alignment of buildings. Wherever there is pronounced alignment of buildings in the depth of front yards on one side of a street within a given block and said alignment existed at the time of enactment of this chapter, any new buildings erected on such side of such street within such block shall conform in alignment to those on adjoining lots,


10324.2 ' 8-1-97

103-15 ZONING 0 103-16

. . I

. . . 1 , . . . . . . . _ .

i

notwithstanding the front yard requirements set forth in Schedule I1 of this chapter.'

E. Projections into yards. Projections into required yards shall be permitted, provided that no such structure is located closer than three (3) feet to any side or rear lot line or ten (10) feet to any front lot line. Projections permitted are as follows: cornices, canopies, eaves or other architectural features not required for structural support. Permitted projections also include fire escapes, balconies, bay windows and chimneys.

F. Obstructions to vision. [Added 12-11-1995 by Ord. No. 481, approved 12-11-19951

(1) Walls, fences, signs or other structures shall not be erected or altered, and hedges, trees or other growth shall not be planted or maintained, which may cause danger to traffic on a street or road by obstructing the view, except for utility poles and street signs.

(2) A clear-sight triangle of thirty (30) feet, measured along the street lines of intersecting streets, shall be maintained within which such structures or plantings shall be limited to a height of not more than thirty (30) inches or less than ten (10) feet above the street grade, except the trunks of street trees or other ornamental trees whose foliage is kept trimmed to a height of more than ten (10) feet above the street grade.

8 103-16. Height limitations. A. Exceptions. The height limits of this chapter shall not

apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, ventilators, silos and similar structures not intended for human

Editor's Note: See 0 103-13.

10325 4 -25 - 96

5 103-16 ATHENS CODE § 103-18

occupancy. However, such features shall be erected only to such height as is necessary to accomplish the purpose they are to serve.

B. Public and quasi-public buildings. Public and quasi- public buildings and other similar permitted uses shall increase the front, rear and side yards by one (1) foot for each foot by which such buildings exceed the height limit herein established for such zone in which they are located, provided that in no case shall any building have a height greater than M y (50) feet unless explicitly permitted by the schedule of this chapter.

0 103-17. Group developments. A group project (housing, commercial, educational, medical or

religious) of two (2) or more buildings to be constructed on a parcel of at least two (2) acres in area which will not be subdivided into lots and streets may be constructed, provided that:

A. Uses shall be limited to those permitted within the district in which it is located.

B. Density and building coverage requirements of the district are met.

C. There shall be ten-foot evergreens planted in the buffer strip where such group development abuts a residential district.

Q 103-18. Public street frontage. Every principal building that is not built upon a lot with

frontage upon a public street shall be improved to meet the borough's requirement, provided that connection is made to the sewer system and a minimum lot of fifty by one hundred (50 x 100) feet is maintained in the R-2 District and a minimum lot of sixty by one hundred twenty (60 x 120) feet is maintained in'the R-1 District.

10326 4-25-96

Q 103-19 ' ZONING 0 103-19

0 103-19. Schedule III: B-1 Business District.

B-1 Business Districts:

follows:



Agricultural supplies. Banks and financial institutions, including drive-in bank facilities.

Business and professional offices. Carpentry and cabinetmaking establishments.

Drive-in commercial establishments.

Dry-cleaning and laundry establishments.

Eating and drinking establishments.

Gasoline service stations.

Hotels and motels.

(10) Mortuaries.

(11) Parking lot.

(12) Personal services shops.

(13) Retail stores.

(14) Apartment dwellings above the first floor.

(15) Auto repair shop.

(16) Clubs and lodges.

(17) Entertainment facilities.

(18) Light machinery repair and electric shop.

(19) Nursing or convalescent homes.

(20) Hospitals.

(21) Accessory uses customarily related to the above.

10327 4 -25 - 96

0 103-19 A!l"ENS CODE 0 103-19

(22) Convenience store.

B. [Amended 6-10-1991 by Ord. No. 428, approved 6-10-19911 Uses requiring Board approval shall be as follows:

(1) Truck terminals.

(2) Industry


(1) Business uses.

(a) Minimum lot area: two thousand (2,000) square feet.

(b) Minimum yard requirements.

111 Front: none. [21 Side: none.

I31 Rear: twenty (20) feet where there is not access from an adjacent public right-of-way or private vehicular easement.

(c) Maximum building height: forty-five (45) feet [four (4) stories].

(d) Maximum land coverage: one hundred percent (100%).

(2) Apartment dwellings above the first floor.

(a) Open space requirements: one hundred twenty (120) square feet of open space per dwelling unit provided by yard area, balcony or roof terrace or any usable combination thereof.

(b) Access. Each dwelling unit shall have direct access through a fireproof stairway to street level separate from the first-floor use. A second means of egress shall be provided for each dwelIing unit.

10328 4 - 25 -96

/

§ 103-20 ZONING 0 103-20

5 103-20. Schedule Iv: C-1 Conservation District.

Conservation Districts: This schedule governs development and the use of land in the C-1

A. Uses permitted without Board approval shall be as follows: (1) Customary and conventional farming and horticultural

operations.

(2) Parks.

(3) Public uses.

(4) Recreational facilities, public and private.


B. Uses requiring Board approval shall be as follows: (1) Cemeteries.

(2) Semipublic uses.


(4) Other uses which shall be deemed suitable to the character of the district


(1) Minimum lot area: two (2) acres.

(2) Minimum lot width two hundred (200) feet (3) Minimum setback requirements.

(a) Front fifty (50) feet

(b) Rear:fiftY(Wfeet

(c) Side: one (1) side yard, thirty (30) feet; combined side yards, sixty (so) feet

(4) Maximum height: thirty-five (35) feet

(5) Maximum coverage: twenty percent (20%).

10329 10-25 -90

3 103-21 ATHENS CODE 5 103-21

Q 103-21. Schedule V: A-1 Agricultural District.

Agricultural Districts: This schedule governs development and the use of land in the A-1

A. Uses permitted without Board approval shall be as follows: (1) Customary and conventional farming and horticultural

operations.

(2) Public uses.

(3) Recreational facilities, public and private. (4) Single- or t w e b i l y homes.

(5) Accessory uses to the above. (6) Licensed kennel.

B. Uses requiring Board approval shall be as follows: Airports.

Cemeteries.

Extraction and underground storage of gas and oil. Sawmills. Semipublic uses. Sewage disposal plant

W l e r parks. Utility building and yard.

Accessory uses to the above. (IO) Other uses which SM be similar in character to those

listed above.

C. ht, area and bulk requirements shall be as follows: (1) Minimum lot area: one (1) acre. (2) Minimum lot width: one hundred fifty (150) feet (3) Minimum setback requirements.

(a) Front: fifty (50) feet

10330 10-25-90

Q 103-21 ZONING 5 103-22

(b) Rear: f&y (50) feet"

(c) Side: one (1) side yard, twenty-five (25) feet; combined side yards, fifty (50) feet.

(4) Maximum height: thirty (30) feet (5) Maximum coverage: none.

ARTICLE v ' Supplementary Provisions

5 103-22. Signs

the following provisions: Signs may be erected and maintained only when in compliance with

A. Signs in residential districts. (1) Nonflashing, nonanimated and nonadwrtising signs are

permitted in all residential districts (R-1 and R-2 Districts) in accordance with the requirements set forth in the following table

Tspe of Sign

Maximum Area per Sign

structure (ssuare feet) 1 Totalof

Face 2Faces Nameplate, identification or home oc- 2 4 cupation

Sale or rental 6 12 Highway directional 4 8

Temporary 40 80 Accessory to nondwelling use5 or ac- 15 24 tivities

(2) No such sign shall project into any public right-of-way or be higher than one (1) story or twenty (20) feet, whichever is lower.

10331 10-25-90

..... ......

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , I > , , S t , ' :*:':: I . . .

-

Q 103-22 ATHENS CODE $103-22

(3) The number of signs shall be restricted to one (1) sign on each street on which the property abuts for each dwelling unit, entrance, exit or building to which it pertains.

B. Signs in Business District. Business and advertising signs are permitted in the Business District in accordance with the following

Size of signs. No sign shall have a gross surface area of more than forty (40) square feet based on the outside perimeter of the sign, and such signs shall meet the requirements of the following table:

Maximum Area per Sign

structure (square feet) 1 Totalof

Type of s i Face 2Facm Advertising 40 80 All signs allowed in residential dis- sees 103- tricts 22A(1) hcation of signs. Signs secured to the front of a building shall not protrude more than fifteen (15) inches from the building. No signs shall protrude beyond the roof cornice line.

Fmstanding signs. Freestanding signs shall be permitted, provided that they do not create a hazard for vehicular or pedestrian traffic. Illumination of signs. Flashing signs and revolving illuminated signs shall be considered as a special exception permitted in B-1, provided that such signs shall not create any traffic hazard or abut or face any residential property or any residential zone lot.

C. General regulations. The following regulations shall apply to all permitted signs

(1) Maintenance. Signs shall be constructed of durable materials, maintained in good condition and shall not be

10332 10-25-90

. > ......

-.. 'n ....

9 103-22 ZONING 0 103-22

allowed to become dilapidated so as to endanger the public health, safety and welfare.

(2) Wall signs. Display signs placed against the exterior walls of buildings or structures shall not extend more than fifteen (15) inches out from the surface.

(3) Projecting signs. Projecting signs are not permitted.

(4) Height of signs. No sign, except a freestanding sign, shall be higher than the building on which such sign is located, nor shall any sign be located upon the roof of any building. No such freestanding sign shall extend more than thirty (30) feet above the mean ground level where it is located.

(5) Building permits for signs. A building permit shall be required for the erection or alteration of any sign, except nameplates, identXcation signs, sale and rental signs. Said building permit shall be issued upon application to and approval of the Zoning Officer.

(6) Fees. The fee for a sign shall be payable to the Borough of Athens as set forth in the Borough Schedule of Fees, as adopted and amended from time to time by Athens Borough Council.' [Amended 12-12-1994 by Ord. No. 470, approved 12-12-1994]

(7) Special occasions. Temporary signs for the announcement of a birthday, anniversary or special occasion shall be permitted in residential districts for a period of one (1) week; said signs may not be illuminated between the hours of 1O:OO p.m. and 8:OO am. and shall be twenty (20) feet from the neighbor's property line and shall require a permit.

(8) Advertisement. Temporary signs for advertisement shall be permitted in the Business District for a

10333 1-25-96

0 103-22 ATHENS CODE 0 103-22

period of two (2) weeks during the calendar year for each organization or business sponsoring an event.

(9) Construction signs. Construction signs in residential or business districts erected by building contractors, architects or repairmen shall be allowed at the construction site h m the commencement of the construction or repairs until one (1) week after the completion of the project.

(10) Intersections. No sign shall be erected on any property at the intersection of a street or streets so as to obstruct free and clear vision and create a t r f i c hazard.

(11) Special displays. Special decorative displays used for holidays, public demonstrations or promotion of civic welfare or school district events shall be allowed upon application to and approval by the Zoning Officer.

(12) [Added 12-9-1991 by Ord. No. 433, approved 12-9-19911 Political signs. Political signs are signs advertising a candidate for a public office, a political party or a measure scheduled for an election.

(a) Political signs on public property.

It is unlawful to place, erect or maintain political signs on or in public buildings and structures, including libraries, recreational centers, parking structures and borough halls, or on or in public parks, lawns, vehicles, trees, shrubs, fences, walls, traffic signs or &e hydrants.

It is unlawful to place, erect or maintain any political sign in any manner that damages or defaces public property.

It is unlawfirl to place, erect or maintain any political sign so as to create a visibility hazard to pedestrian or motor vehicle

1 - B - B S 10334

.. .

6 103-22

.: i. .l* .>-... .,.. i,. . .L_ : :..,I.. . .. . .". ;'.:.*Y.:. .-.: .... 2; . . I . , ..,* .... ....,.. :... ..._,..I .~

0 103-22 ZONING.

tr&c along streets or sidewalks or at street corners.

It is unlawfirl to place, erect or maintain any political sign that is larger than sixteen (16) square feet.

It is unlawful to maintain any political sign more than thirty (30) days prior to the primary election and more than ten (10) days after the primary election. It is unlawful to maintain any political sign more than thirty (30) days prior to the general election and more than ten (10) days after the general election; provided, however, that in the event of a subsequent runoff election, the signs of the runoff candidates may be maintained until the loth day afkr the runoff election. In the event that such signs are not removed, the borough is authorized to remove and destroy said signs and to charge the candidate or campaign on whose behalf the signs were erected. The borough will notify the candidate and/or campaign on whose behalf the sign appears of the violation of this chapter, and said candidate or campaign shall be given ten (10) days to remove said signs or be assessed the costs of removal by the borough.

(b) Political signs on private property. [l] It is unlawfirl to place, erect or maintain

any political sign on private property without the consent of the owner of said premises.

[23 It is unlawful to maintain any political sign more than thirty (30) days prior to the primary election and more than ten (IO) days aRer the primary election. It is

10334.1 1-2S-06

. ..

0 103-22 ATHENS CODE 4 103-23

unlawful to maintain any political sign more than thirty (30) days prior to the general election and more than ten (10) days after the general election; provided, however, that in the event of a subsequent runoff election, the signs of a runoff candidate may be maintained until the 10th day after the runoff election. In the event that such signs are not removed, the borough is authorized to remove and destroy said signs and to charge the candidate or campaign on whose behalf the signs are erected. The borough wi l l notify the candidate and/or campaign on whose behalf the sign appears of the violation of this chapter, and said candidate or campaign shall be given ten (10) days to remove said signs or be assessed the costs of removal by the borough.

[31 It is unlawful to place, erect or maintain any political signs to create a visibility hazard to pedestrian or motor vehicle traEc along streets or sidewalks or on street corners.

[41 It is unlawful to place, erect or maintain any political sign that is larger than sixteen (16) square feet.

$103-23. Off-street parking and loading. A. All parking and loading areas shall be hard-surfaced. All

nonresidential parking areas and areas of six (6) or more spaces shall be properly lighted. Lighting shall be designed so that glare and excessive brightness do not project beyond the parking or loading areas. Parking spaces shall be at least ten (10) feet wide and twenty (20) feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto. No

1-26-95 10334.2

i z

0 103-23 ZONING 8 103-23

parking may occur within five (5 ) feet of any property line. Parking requirements may be met by consolidated parking facilities, provided that the spaces serving the uses are not more than five hundred (500) feet fkom the entrance to business uses or three hundred (300) feet from the entrance of residential uses.

B. Loading areas shall be at least -en by thirty-five (15 x 35) feet, with a height of at least fourteen (14) feet

C. Surface water shall not discharge onto public walks, streets or other premises. Bumper guards or curbs shall be provided to d e h e spaces and prevent intrusion of vehicles into required yard areas.

D. All parking areas containing more than six (6) spaces shall be screened with a solid wall or fence or dense shrubbery at least five ( 5 ) feet high.

E. All parking areas shall be designed for efficient access and circulation and shall be subject to review as concerns the above requirement by the Zoning Hearing Board.


.- , .. . 10334.3

Q 103-23 ZONING Q 103-23

F. Parking requirements shall be as follows:

Use QPe Spaces

Residential Single-family 2 per dwelling unit

Residential 2-family 2 per dwelling unit [Amended

byOrd.No. I 478, approved

Residential

Required Parking

11-11-1995

11 -1 1-19951

l V 2 per dwelling unit

Public

Semipublic

Commercial, CBD

. .

Commercial, general

Residential

Residential

Residential

Public

Semipublic

Multifamily

Community buildmgs

Fire stations, schools

Retail store, personal service shops, business and professional offices and municipal service buildings

Eating and drinking establishments

AU permitted uses

1 per 8 units of seating or maximum allowable occupancy

1 per 8 units of seating or maximum allowable occupancy

1 per 1,000 square feet of gross floor area

1 per 200 square feet of gross floor area for patron use

1 per each full-time employee

. '. ' L 10335 l2-25-95

8

0 103-23

Use

Commercial, CBD

ATHENS CODE

m e

Eating and drinking establishment

Commercial, general

Q 103-24. Mobile home courts. A Federal Housing Administration

requirements.

103-24

Required Parking Spaces

1 with 1 additional for each additional 10,000 square feet of gross floor area beyond 15,000 square feet

1 for each establishment

1 with 1 additional 10,000 square feet of gross floor area beyond 15,000 square feet

minimum property

(1) Mobile home courts or trailer parks may be permitted as a special use in A-1 Districts in accordance with the provisions of this chapter, provided that such courts shall comply with all of the minimum property requirements established by the Federal Housing Administration for mobile home courts.

(2) Before a zoning permit for a mobile home court is authorized by the Zoning Hearing Board, the applicant for said mobile home court shall first comply with the procedure established in said minimum property requirements by submitting to the Planning Commission four (4) copies of the preliminary and final drawings and exhibits as spe&ed within the Federal Housing Administra- tion minimum property requirements.

10336 12-25-95

0 103-24 ZONING 0 103-25

B. Supplementary requirements. The following provisions shall supplement the requirements of the Federal Housing Administration minimum property requirements:

No mobile home court shall be developed on a zone lot of less than five (5) acres in size.

Individual mobile home lots located in a mobile home court shall contain at least three thousand (3,000) square feet of lot area.

No mobile home shall be located closer than Hty (50) feet to any property line defining the external boundary of the court.

The minimum side clearance between any two (2) adjacent mobile homes shall be twenty (20) feet.

Roadway or area lighting shall be reflected away from adjoining properties.

The sale of mobile homes from a dealer within the mobile court shall be prohibited.

Individual tenants at the mobile home court may construct attached enclosures to individual mobile homes, provided that such enclosures do not exceed fifty percent (50%) of the floor area of the mobile home. Individual zoning permits shall be required for each enclosure in each case.

9103-25. Fences. [Amended 11-11-1995 by Ord. No. 478,

A. Any fence or wall taller than four (4) feet in height in a residential neighborhood above the natural grade shall be subject to the Zoning Officer's issuance of a building permit. Any fence or permit exceeding six (6) feet will be based on considerations of the following factors:

approved 11-11-19951

(1) Safety.

l2-25-95 10337

,

0 103-25 ATHENS CODE 0 103-26

(2) Special consideration to deter or to provide screening from excessive light or noise or unattractive conditions.

(3) In no case shall the fence exceed eight (8) feet. B. Fencing requirements for swimming pools shall comply

with the BOCA National Building Code.

0 103-26. Home occupations. A. Intent. The purpose of these provisions is to allow for

home occupations which are compatible with the neighborhoods in which they are allowed.

B. Conditions. The Zoning Board may, upon application and a public hearing thereon, permit a home occupation in any residence, subject to the applicant's ability to provide reasonable evidence that all the following conditions will be met:

(1) The occupation will be conducted entirely within a dwelling or erdsting accessory structure.

(2) The occupation is clearly incidental and secondary to the principal use of the dwelling.

(3) The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling Unit involved.

(4) No more than one (1) person other than members of the immediate family residing on the premises may be employed.

(5) Not more than twenty-five percent (25%) of the floor mea of one (1) story of the dwelling is devoted to such home occupation.

(6) No stock-in-trade is kept or commodities sold other than incidental supplies necessary for and consumed in the conduct of such home occupation.

10338 12-25-05

0 103-26 ZONING 5 103-26

(7) No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.

(8) No mechanical equipment is used except such as may be used for domestic or household purposes (or as deemed similar as to power and type).

(9) Such occupation shall not require internal or external alteration or invoke construction features not customarily in a dwelling.

(10)The use shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district

(11)No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

C. Permitted professions shall be as follows:

(1) Licensed architect.

(2) Licensed landscape architect.

(3) Attorney.

(4) Instructor in musical instruments when teaching only one or two students at one time.

( 5 ) Licensed physician or surgeon, osteopath, dentist or other medical practitioner.

(6) Licensed professional engineer.

(7) Licensed land surveyor.

(8) Artist.

(9) Tutor dealing with individual students.

10339 8-1-97

Q 103-26 ATHENS CODE

(10) Accountant.

(11) Tax preparer.

Q 103-26

(12) Such other professions that the Zoning Board finds appropriate for the zoned district. [Added 8-19-1992 by Ord. No. 437, approved 8-19-19921

D. Permitted home occupations shall be as follows:

(1) Custom dressmaking millinery.

(2) Home baking, with customary domestic equipment, for sale off the premises.

(3) Hairdresser. (4) Barber.

(5) Telephone answering service.

(6) Care of not more than three nonresident children.

(7) Real estate sales.

(8) Home-based retail or wholesale sales operation with no sales on the premises.

(9) Conduct of an elected public office when permitted by the Borough of Athens.

(10) Such other home occupations that the Zoning Board finds that meet the criteria set forth under Subsection B. [Added 8-19-1992 by Ord. No. 437, approved 8-19-1992]

E. A home occupation wil l automatically terminate when the individual or individuals who practice the home occupation no longer reside in the residence. [Added 11-11-1995 by Ord. No. 478; approved 11-11-19951

10340 8-1-97

' t

i

6 103-26.1 ZONING 0 103-26.1

i

. ..

0 103-26.1. Reduction conversion. [Added 4-14-1997 by Ord. No. 4984 approved 4-14-1997; amended 7-14-1997 by Ord. No. 500, approved 7-14-19971

A reduction conversion is when the owner or occupant of real property, residential or commercial, reduces the number of units in the structure.

k prior to a reduction conversion, the owner shall apply for a preliminary/final reduction conversion permit from the Code Enforcement Officer.

B. In order to be eligible for the reduction conversion permit, the following shall apply:

On the basis of a preliminary reduction conversion permit, the applicant shall remove all of the excess electric meters, gas meters and water meters consistent with the proposed use of the building subject to the Code Enforcement Officer's inspection. Upon completion of the final inspection of the removal of said utility meters the Code Enforcement Officer shall issue a final reduction conversion certificate.

Included on the reduction conversion application, the applicant shall sign an affidavit that he or she wil l not increase the number of units without reapplication for a building permithoning permit. The Code Enforcement Officer shall give a copy of the final reduction conversion certificate to the Borough Manager or appropriate representative for adjustment of the sewer bill.

The date of the final reduction conversion certificate shall be the date of adjustment of the sewer charges.

A property owner converting to a reduced number of units shall be deemed to abandon said prior use &r 12 months and the property shall no longer retain the use status for the prior additional units that have been removed. If required under the

10340.1 8-1-97

. . . . .. . . . . .

4 103-26.1 A!l'€IENS CODE 0 103-26.1

Zoning Ordinance, any future conversion to expand would require Zoning Hearing Board approval.


10340.2 8-1-97

. . . .

Q 103-27 ZONING Q 103-28

ARTICLE VI Nonconforming Uses and Buildings

0 103-27. Continuation. Any lawful use of any dwelling, building, structure or land

existing at the effective date of this chapter may be continued even though such use does not conform to the provisions hereof.

I

\

. . . . . #

. . . . . , I . . . . 8 .

§ 103-28. RegUIation.

No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed t o a conforming use or when required to do so by law or order and as follows:

A. Restoration. Any nonconforming building or structure damaged less than fifty percent (50%) of its then-existing floor area may be restored, reconstructed or used as before, provided that the volume of such use, building or structure shall not exceed fifty percent (50%) of the volume which existed prior to such damage, except as provided under Subsection E hereof, and provided that it is completed within one (1) year of such happening and such restoration shall be in conformity with the requirements of this chapter.

B. Displacement. A nonconforming use shall not be extended to displace a conforming use.

C. Change of use. (1) A nonconforming use or structure shall not be

changed into a use which is permitted in a less restrictive district.

(2) A nonconforming use may be changed into a conforming use.

(3) A nonconforming use which is not permitted in any district or which is permitted only as a special use may only be changed into a conforming use.

10341 12-25-95

. . . - - i

b

0 103-28 A"ENS. CODE 0 103-28

(4) When a nonconforming use shall be changed in accordance with the provisions hereof, the use of the building or other structure or tract of land shall not thereafter be changed again except in accordance with these regulations.

D. Repairs. (1) Normal maintenance, repairs and incidental

altbration of a building or other structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.

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

E. Expansion. (1) A nonconforming use or structure may be expanded

up to Srty percent (50%) of its volume as it exists at the time of the adoption of this chapter. Such use shall not be expanded, however, into a more restrictive district than where it is located; and such use shall not be permitted to expand except in accolczance with all of the building regulations herein.

(2) A nonconforming accessory structure (i.e., garage or shed) shall not be expanded. Any expansion of an accessory structure must be done in accordance with all of the building and zoning code regulations, including all of the setback regulations. [Added 11-11-1995 by Ord. No. 478, approved

F. Change of ownership. The ownership of property classified as nonconforming may be transferred without affecting the right to continue such nonconforming use.

11-11-1W51

10342 12-25-95

0 103-29 ZONING 6 103-30

§ 103-29. Termination.

A. The discontinuance of a nonconforming use, a home occupation, a variance or a special exception for a period of twelve (12) months and/or the change of a use to a more restricted or conforming use for any period of time shall be considered an abandonment, and such nonconforming use, home occupation, variance and special use shall not thereafter be revived; intent to resume active operations shall not affect the foregoing. [Amended 11-11-1995 by Ord. No. 478, approved 11-11-1995]

B. Partial destruction. When fiRy percent (50%) or more of the existing floor area or volume of a nonconforming building or structure or use of land is destroyed by fire, other casualty or act of God, the use of such building, structure or land as a nonconforming use shall thereafter be terminated.

C. The owner of the property may petition the Zoning and Hearing Board for an extension of time to resume the previously jpanted nonconforming use, home occupation, variance or special exception prior to the expiration of twelve (12) months. [Added 11-11-1995 by Ord. No. 478, approved 11-11-1995]

ARTICLE VII Zoning Hearing Board

§ 103-30. Creation; membership; terms; procedure.

A. There is hereby created for the Borough of Athens a Zoning Hearing Board in accordance with the provisions of Article M of the Pennsylvania Municipalities Planning Code, 53 P.S. 8 10901 et seq.

B. The membership of the Board shall consist of three (3) residents of the borough appointed by the Borough Council. The terms of office shall be for three (3) years and shall be so fixed that the term of office of one (1)

10343 12-25-95

. . . .

0 103-30 A"€ENS. CODE 4 10330

member shall expire each year. The Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the borough.

C. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Borough Council which appointed the member, taken after the member has received e n (15) days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

D. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be no less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in this chapter.

E. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the borough and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the borough, and shall submit a report of its activities to the Borough Council as requested by the Borough Council.

F. Within the limits of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council.

1034.4 12-25-95

Q 103-31 ZONTNG Q 103-31

Q 10331. Applications and appeals. A. An appeal or application for an amendment or variance from

the terms of this chapter shall be filed with the Zoning Officer and shall contain:

The name and address of the applicant.

The name and address of the owner of the real estate to be affected by such proposal. I

A brief description and location of the real estate to be affected by such proposal.

A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use thereo€

A statement of the section of this chapter under which the appeal or application is filed and reasons why it should be g r a n a or a statement of the section of this chapter gwerning the situation in which the alleged erroneous ruling is being appealed and reasons for the appeal. An accurate description of the present improvements and the additions intended to be made under thii application, indicating the size and use of such propowd improve ments and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for permits, indicating the location and size of the lot and locations of improvements now erected and proposed to be erected thereon.

B. Appeals raising the substantive validity of any land use ordinance (except those brought before the Borough Council) pursuant to the Pennsylvania Municipalities Planning Code,G procedural questions or alleged defects in the process of enactment or adoption of a land use ordinance, or from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit or the failure to act on the application therefor, the issuance of any cease and desist order or the registration of or refusal to register any

Editor's Note: See 53 PS. 8 10101 et seq.

10345 10-25-90

.. .

0 103-31 ATHENS CODE 0 103-31

nonconforming use, structure or lot; from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance; from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter; or from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development or planned residential development, may be filed with the Board in writing by the landowner affected, any officer or agency of the borough or any person aggrieved. Fkquests for a variance and for special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner.

C. No person shall be allowed to file any proceeding with the Board later than thirty (30) days after an application for development, preliminary or final, has been approved by the borough if such proceeding is designed to secure mrsal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or an amendment hereto or map or an amendment thereto shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

D. All appeals from determinations adverse to the landowner shall be filed by the landowner within thirty (30) days after notice of the determination is issued.

E. Upon the filing of any appeal proceeding before the Zoning Hearing Board and during its pendency before the Board, all

10346 10-25-90

. I . .

/ .

0 103-31 ZONING 8 103-31

land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of 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 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 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 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 of continuing the proceedings before the Board.

F. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivulous. At the hearing, evidence may be presentd on the merits of the case. It shall be the burden of the applicant for a bond to prow the appeal is frivolous. After consideration of all evidence presented, if the cuurt determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such Waiver may be revuked by him if an appeal is taken from a final decision of the court

G. 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 An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

H. If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals,

10347 10-25-90

. . . . - . , .

Q 103-31 ATHENS CODE Q 103-32

shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.

5 103-32. Powers and duties; limit on jurisdiction. A. The Zoning Hearing Board shall have exclusive jurisdiction to

hear and render adjudications in the following matters: Substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council pursuant to Sections 609.1 and 916.l(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §§ 10609.1 and 10916.1. Challenges to the validity of a land use ordinance raising p d u r a l questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within thirty (30) days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the municipality and a zoning hearing board has not been previously established, the appeal raising procedural questions shall be taken directly to court. Appeals from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit or the failure to act on the application therefor, the issuance of any cease and desist order or the registration of or refusal to register any nonconforming use, structure or lot Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance. Applications for varianes from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 901.2 of the MPC, 53 P.S. 5 109012. Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions

10348 10-25-90

ZONING Q 103-32

within a land use ordinance, pursuant to Section 912.1 of the MPC, 53 P.S. Q 10912.1. Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.

Appeals from the Zoning officer's determination under Section 9162 of the MPC, 53 P.S. 5 109162. Appeals from the determination of the Zoning OfEicer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or VI1 of the MPC, 53 P.S. 8 10501 et seq. and 10701 et seq.

B. The Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

All applications for approvals of planned residential developments under Article VII of the MPC, pursuant to the provisions of Section 702 of the MPC, 53 P.S. Q 10702. All applications pursuant to Section 508 of the MPC, 53 P.S. Q 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. Q 10501 et seq. Applications for conditional use under the express provisions of this chapter. Applications for curative amendment to this chapter or pursuant to Sections 609.1 and 916.l(a) of the MPC, 53 P.S. 8 10609.1 and 10916.l(a). All petitions for amendments to land use ordinances, pursuant to the procedures set forth in Section 609 of the MPC, 53 P.S. Q 10609. Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to

10349 10 - 25 - 90

, .._ I . . . . . I - . . < I , . -: I. >: 5 , ' / . .. . . . , , ' '' ' ' ' i ' 3 ' I

Q 103-32

(7)

ATHENS CODE Q 103-33

sedimentation and erosion control and stormwater management insofar as the same relate to application for land development under Articles V and VI1 of the MPC, 53 P.S. $§ 10501 et seq. and 10701 et seq. Where such determination relates only to development not involving an Article V or VI1 application, the appeal from such determination of the Zoning Officer or the Borough Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission,