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HomeMy WebLinkAboutAntrim Zoning OrdZONING Chapter 150 ZONING 4 150-1. 4 150-2. 9 150-3. 4 150-4. $ 150-5. $ 150-6. $ 150-7. $ 150-8. $ 150-9. $ 150-10. $150-11. ARTICLE I General Provisions Objectives. Interpretation; conflicts with other provisions. ARTICLE I1 Terminology Word usage. Definitions. ARTICLE I11 Establishment of Districts List of districts. Zoning Map. District boundaries. General district regulations. ARTICLE IV Agricultural District (A) Purpose. Permitted uses. Conditional uses. 15001 ???? ANTRIM CODE ARTICLE V Agricultural Residential District (AR) 0 150-12. Permitted uses. 0 150-13. Conditional uses. ARTICLE VI Low Density Residential District (R-1) 0 150-14. Permitted uses. 9 150-15. Conditional uses. ARTICLE VI1 Medium Density Residential District (R-2) 0 150-16. Permitted uses. 0 150-17. Conditional uses. ARTICLE VI11 Community Commercial District (CC) 8 150-18. 0 150-19. 0 150-20. 0 150-21. 0 150-22. 9 150-23. Permitted uses. Conditional uses. Use standards. ARTICLE M Highway Commercial District (HC) Permitted uses. Conditional uses. Use standards. 15002 150-24. 0 150-25. Q 150-26. 0 150-27. 0 150-28. 5 150-29. 0 150-30. 150-31. 0 150-32. 5 150-33. 8 150-34. 150-35. § 150-36. 0 150-37. 0 150-38. SI 150-39. 0 150-40. 0 150-41. ZONING ARTICLE X Industrial District (I) Permitted uses. Conditional uses. Performance standards. ARTICLE XI Flood Hazard District (FH) Purpose. Establishment of Flood Hazard District boundaries. Applicability of district regulations. Determination of the one-hundred-year-flood elevation. Changes and disputes in identification of area. Uses by special exception. Prohibited uses. Required permits. Alterations and improvements to watercourses. General regulations. Design and construction standards. Special requirements for mobile homes. Special requirements of all other uses. Existing structures in identified floodplain areas. Variances. 15003 ANTRIM CODE Q 150-42. 0 150-43. 0 150-44. 0 150-45. Q 150-46. Q 150-47. 0 150-48. Q 150-49. Q 150-50. Q 150-51. Q 150-52. Q 150-53. 0 150-54. 0 150-55. Q 150-56. Q 150-57. Q 150-58. Q 150-59. Q 150-60. Application procedures and requirements. Appeals from decision of Zoning Officer. Municipal liability. ARTICLE XI1 Minimum Area Regulations Agricultural District (A). Agricultural Residential District (AR). Low Density Residential District (R-1). Medium Density Residential District (R2). Commercial and Industrial Districts Public Utilities. ARTICLE XI11 Supplementary Regulations Accessory building regulations. Height requirements. %rd and lot regulations. Private outdoor swimming pools. Parking regulations. Off-street loading requirements. Storage of mobile homes, motor home trailers, boats and dismantled or nonoperable vehicles. Customary home occupations. Homeowners associations. Sign regulations. 15004 ZONING Q 150-61. Q 150-62. Q 150-63. Q 150-64. Q 150-65. Q 150-66. Q 150-67. 0 150-68. Q 150-69. 0 150-70. 0 150-71. Q 150-72. 0 150-73. Q 150-74. 0 150-75. Q 150-76. Q 150-77. 0 150-78. 9 150-79. Shopping centers. Performance standards . Migrant labor quarters. Temporary mobile home permit. Adult entertainment uses prohibited. Health clubs, health spas and similar uses. Satellite discs. Double single-family semidetached dwelling. ARTICLE XN Planned Residential Developments Purpose. Eligibility requirements. Land use control and density requirements. Site features analysis. Site design requirements. Ownership, maintenance and preservation of common open space. Development in stages. Procedural requirements. Enforcement remedies. ARTICLE XV Nonconforming Uses and Buildings Definitions and use provisions. Expansion and change or nonconforming uses. 15005 ANTRIM CODE § 150-80. § 150-81. 5 150-82. 0 150-83. 5 150-84. 4 150-85. 4 150-86. 9 150-87. 8 150-88. 9 150-89. 0 150-90. 0 150-91. 0 150-92. 0 150-93. 9 150-94. 9 150-95. Discontinuance. Repairs and maintenance. Registration of nonconforming use. Mineral extraction. ARTICLE XVI Zoning Hearing Board Creation; membership regulations. Hearings. Jurisdiction. Variance. Special exceptions. Parties appellant before the Board. Time limitations. Stay of proceedings. Conditional uses. ARTICLE XVII Amendments Enactment of zoning ordinance amendments. Procedure for township curative amendments. Procedure for landowner curative amendments. 15006 Q 150-1 0 150-96. 0 150-97. 0 150-98. § 150-99. § 150-100. 9 150-101. ZONING Q 150-1 ARTICLE XVIII Administration and Enforcement Appointment and powers of Zoning Officer. Building permits. Fees. Enforcement notice. Causes of action. Violations and penalties. [HISTORY Adopted by the Board of Supervisors of the Township of Antrim 4-26-1994 as Ord. NO. 232. Amendments noted where applicable.] GENERAL REFERENCES Planning Commission -See Ch. 27. Junk and junkyards -See Ch. 84. Landfills -See Ch. 118, Art. II. Subdivision and land development -See Ch. 125. ARTICLE I General Provisions 0 150-1. Objectives. There is hereby established a Comprehensive Zoning Plan for the township which plan is set forth in the text and map that constitutes this chapter. Said plan is adopted in the interest of protecting and promoting the public health, safety, morals and general welfare, and shall be deemed to include the following related and specific community development objectives, among others as may be stated in the Antrim Township Comprehensive Plan: A. To guide and regulate the orderly growth, development and redevelopment of the township, in accordance with a Comprehensive Plan of long-term objectives, principles 15007 $ 150-1 . ANTRIM CODE $150-2 and standing deemed beneficial to the interest and welfare of the people. B. To protect the establishment, character and the social and economical well-being of both private and public property. C. To promote, in the public interest, the utilization of land for the purposes for which it is most appropriate, and to provide maximum protection of residential areas. D. To secure safety from floods, water pollution and other dangers, and to provide adequate light, air and convenience of access. E. To encourage and facilitate the provision of adequate and efficient public facilities, service and utilities. F. To lessen and, where possible, to prevent tr&c congestion on public streets and highways so as to promote efficient and safe circulation of vehicles and pedestrians. G. To encourage historic preservation. H. To conserve the value of buildings and to enhance the value of land throughout the township. I. To preserve the agricultural and rural qualities of open lands. 8 150-2. Interpretation; conflicts with other provisions. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelter or premises; nor is it intended by this chapter, to interfere with or abrogate 15008 Q 150-2 ZONING Q 150-4 or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises, or required larger restrictions upon the use of a building or premises, or requires larger spaces than that imposed or required by any other statute, ordinance, rule, regulation or permit, or by any easement or agreement, the provisions of this chapter shall control. ARTICLE I1 Terminology § 150-3. Word usage. Words used in the present tense include the future tense. The singular includes the plural. The word “person” includes an individual, a corporation, a partnership and incorporated association or any other similar entity. The word “lot” includes the words “plot” or “parcel.” The term “shall” is always mandatory. The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied.” § 150-4. Definitions. The following words are defined in order to facilitate the interpretation of this chapter for administrative purposes and in the carrying out of duties by appropriate officers and by the Zoning Hearing Board. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated: ACCESSORY BUILDING or STRUCTURE1 -A building subordinate to and detached from the main building and located on the same lot with such principal use or structure. Editor‘s Note: The former definition of “access drive,” which immediately preceded this definition, was deleted 10-24-1995 by Ord. No. 238. 15009 Q 150-4 ANTRIM CODE Q 150-4 ACCESSORY USE -A use customarily incidental and subordinate to the principal use of the main building and located on the same lot with such principal use or main building. AGRICULTURE -The tilling of the soil, the raising of crops, horticulture, gardening and animal husbandry. ALLEYS-A public thoroughfare other than a side street which affords only a secondary means of access to abutting property and not intended for general traffic circulation. ALTERATIONS -As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing height, or the moving from one location or position to another. ALTERATIONS, STRUCTURAL-Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 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. ANIMAL HOUSING-Providing shelter such as a stable, pen, coop, barn, kennel, cage, etc., for the housing of animals, including more than three (3) dogs. APARTMENT-A dwelling unit within a multiple dwelling. This classification includes apartment houses, apartment hotels, bachelor apartments, studio apartments and kitchenette apartments. Conversion apartments are not included in this classification. APPLICATION FOR DEVELOPMENT -Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a 15010 Q 150-4 ZONING Q 150-4 subdivision plat or plan or for the approval of a development plan. AREA, BUILDING-The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. BED-AND-BREAKFAST -An owner-occupied singlefammil detached dwelling where not more than four (4) bedrooms are rented to overnight guests on a daily basis for periods not exceeding one (1) week? BLOCK -An area bounded by streets. BOARD -Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications. BOARDINGHOUSE -A building, other than a hotel or motel, where, for compensation and arrangement, meals or lodging and meals are provided for five (5) or more persons but not exceeding ten (10) persons.s BUILDING: A. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels, and , including covered porches or or bay windows and chimneys. A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation. BUILDING, DETACHED -A building surrounded by open space on the same lot. B. a Art. I. Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. 15011 3 150-4 ANTRIM CODE 5 150-4 BUILDING, HEIGHT OF-The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between waves and ridge for gable, hip and gambrel roofs. BUILDING LINE -A line parallel to the front, side or rear lot line set so as to provide the required yard. BUILDING SETBACK LINE-The line between a property defining the required minimum distance between any enclosed structure and the adjacent rightoofway or other property line. CAMPING GROUND-A parcel of land used by campers for seasonal, recreational or other temporary living purposes, in buildings of a movable, temporary or seasonal nature, a travel trailer camp or travel trailer court. CARPORT-A covered space, open on three (3) sides, for the storage of one (1) or more vehicles and accessory to a main or accessory building. CENTRALIZED WATER SYSTEM -Public water or a single well servicing two (2) or more units. 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 and designed and intended for the use or enjoyment of residents of a development, not , including streets, off-street parking areas, and areas set aside for public facilities. CONSTRUCTION -The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes. COVERAGE -That portion or percentage of the plot or lot area covered by the building area. 15012 Q 150-4 ZONING 3 150-4 CROSSWALK -A right-of-way, publicly or privately owned, intended to furnish access for pedestrians. CURB LEVEL -The officially established grade of the curb in front of the midpoint. DECISION-Final adjudication of a board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the township lies. DETERMINATION -Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following: A. The Board of Supervisors. B. The Zoning Hearing Board. C. The Planning Commission, only if and to the extent the Planning Commission is charged with the final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal. DEVELOPER -Any landowner, agent of such landowner or tenant with permission of such landowner, who makes or causes to be made a subdivision of land or land development. DEVELOPMENT-The removal of more than two hundred fifiy (250) cubic yards of land from a tract of real estate or the displacement of more than seven thousand five hundred (7,500) cubic yards of land from a tract of real estate as a result of any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of 15013 Q 150-4 ANTRIM CODE Q 150-4 mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operation, changes in the contour of the land and removal or destruction of topsoil, trees or other vegetative cover of the land. 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 and density of development, streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of development plan” when used in this chapter shall mean the written and graphic materials referred to in this definition. DISMANTLED AND NONOPERABLE VEHICLE-A vehicle which does not display the current Pennsylvania State Inspection Certification or is manifestly incapable of being locomotive in its existing condition. DRIVEWAY -A surface, other than a street, which provides vehicular access from a public street to a building on a lot. [Added 10-24-1995 by Ord. No. 2381 DWELLING-A building or structure designed for living quarters for one (1) or more families, including homes which are supported either by a foundation or by blocks or jacks or are otherwise permanently attached to the land, but not including hotels, rooming houses or other accommodations used for transient occupancy. DWELLING, MULTIFAMILY-A building used by three (3) or more families living independently of each other and doing their own cooking, including apartment houses, row houses or townhouses. (HOUSE)-A dwelling used by one (1) family, having only one (1) dwelling unit and having two (2) side yards. DWELL I NG, S INGLE -FAMILY, DE TAC HE D 15014 0 150-4 ZONING 0 150-4 DWELLING, SINGLE-FAMILY, SEMIDETACHED (DOUBLE) -A dwelling used by one (1) family, having one (1) side yard and one (1) party wall in common with another dwelling unit. A dwelling used by one (1) family having two (2) party walls in common with other buildings (such as row house or townhouses) except for end units. A dwelling used by two (2) families, with one (1) dwelling unit arranged over the other and having two (2) side yards. (GARDEN APARTMENT) -A dwelling used by two (2) families, with one (1) dwelling arranged over the other, having one (1) side yard and one (1) party wall in common with another building. DWELLING GROUP-A group of two (2) or more single-family, two-family or multifamily dwellings occupying a lot in one (1) ownership, DWELLING UNITS -One (1) or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one (1) family. EASEMENT, UTILITY-A right-of-way granted for limited use of land for public or or quasi-public purpose. ESSENTIAL SERVICES -The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies or private corporations under contract to a municipality, of gas, electrical, telephone, steam or water transmission or distribution systems, and sewer and solid waste disposal systems, including buildings, enclosures, wells, pumping stations, poles, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic light signals, hydrants, sanitary landfills, incinerator waste DWELLING, SINGLE-FAMILY, A!I'TACHED (ROW) -DWELLING, TWO-FAMILY, DETACHED (DUPLEX) -DWELLING, TWO-FAMILY, SEMIDETACHED 15015 $ 150-4 ANTRIM CODE Q 150-4 disposal areas, and other similar equipment and accessories and services in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmmenta agencies or private corporations under contract to a municipality, including firehouses of fire companies and emergency services under agreement with the municipality or for the public health or safety or general welfare. FAMILY -One (1) or more persons who live in one (1) dwelling unit and maintain a common household. A “familf’ may consist of a single person or of two (2) or more persons, whether or not related by blood, marriage or adoption. It may also include domestic servants and gratuitous guests, but not occupants of a club, fraternal lodging or boarding houses. FEMA -The Federal Emergency Management Agency, successor to the United States Department of Housing and Urban Development, Federal Insurance Administratiion FLOOD -A general, but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other waters of the Commonwealth of Pennsylvania. FLOOD HAZARD AREA -The one-hundred-year floodplain and that maximum area of land that is likely to be flooded by a one-hundred-year flood, as shown on the floodplain maps provided by FENLA. FLOODPLAIN AREA-A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source. FLOODPLAIN MANAGEMENT-The operation of a program or activities which may consist of both corrective and preventative measures for reducing flood 15016 Q 150-4 ZONING Q 150-4 damage, including but not limited to such things as emergency preparedness for floods, flood control works and floodplain management regulations. This chapter, subdivision and land development regulations, building codes, health regulations, special purpose ordinances, and other applications of the police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOODPROOFING -Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -The portion of the one-hundred-year floodplain, including the watercourse itself and any adjacent land area, that must be kept open in order to carry the water of a one-hundred-year flood. At a minimum, any floodway must be large enough to carry the water of the one-hundred-year flood without causing an increase of more than one (1) foot in the elevation of the existing one-hundred-year flood. FREEBOARD-A margin of safety, expressed in feet above the one-hundred-year-flood elevation. GARDEN APARTMENT -A two-story multifamily dwelling, containing one-story dwelling units under one (1) ownership. GROSS RESIDENTIAL DENSITY-The number of dwelling units per acre computed by dividing the total site area, excluding public rights-of-way, into the total number of proposed dwelling units. GROUND FLOOR -The floor of a building nearest the mean grade of the front of the building. FLOODPLAIN MANAGEMENT REGULATIONS -15017 Q 150-4 ANTRIM CODE Q 150-4 GOVERNING BODY-The Board of Supervisors of Antrim Township, Franklin County, Pennsylvania. MENTS -Any place, located either indoors or outdoors, engaged in any activities, the predominant purpose of which is exercise, fitness, health maintenance, improvement or rehabilitation, health or nutrition education or weight contr01.~ HOME OCCUPATION -Any use customarily conducted entirely within a dwelling or in a building accessory thereto, provided that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling, and no goods are publicly displayed on the premises other than signs as provided herein. INDUSTRY -The manufacturing, compounding, processing, assembly or treatment of materials, articles or merchandise. JUNKYARD -A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof. LAND DEVELOPMENT-Any of the following activities: A. The improvement of one (1) or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving: (1) A group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single HEALTH CLUBS, SPAS AND SIMILAR ESTABLISHEdittor’ Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. 15018 e 0 150-4 a a B. C. D. E. F. ZONING 9 150-4 nonresidential building on a lot or lots regardless of the number of occupants or tenure. (2) The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. A subdivision of land. Development in accordance with this chapter. Paving for commercial or industrial use. Paving of more than twelve thousand (12,000) square feet for residential use. Paving over concrete or bituminous surfaces which are already existing shall be excluded from this subsection and Subsections C and D above. “Land Development” does not include development which involves: The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three (3) residential units, unless such units are intended to be condominiums. The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building. The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purpose of this subsection, an amusement park is defined as a tract or areas used principally as a location for permanent amusement structures or rides. This exclusion 15019 0 150-4 . ANTRIM CODE 0 150-4 shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the 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 option or contract is subject to any conditions), or a lessee if he or she is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land. LOADING SPACE -An off-street space on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts .a street or other appropriate means of access. 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 AREA-The area contained within the property lines of a lot as shown on a subdivision plan, excluding space within any public right-of-way and excluding the area of easement. LOT, CORNER -A lot at the junction of and abutting two (2) or more intersecting streets or private roads or at the point of abrupt change of a single street or private road, where the interior angle is less than one hundred fifty degrees (150") and the radius of the street or private road line is less than one hundred (100) feet. LOT, DEPTH OF-The average horizontal distance between the front and rear lot lines. LOT, DOUBLE FRONTAGE-An interior lot having frontages on two (2) streets. 15020 Q 150-4 ZONING Q 150-4 LOT FRONTAGE -That portion of a lot which abuts a public street. [Added 10-24-1995 by Ord. No. 2381 LOT, INTERIOR -A lot other than a corner lot. LOT LINES-The lines bounding a lot as defined herein. LOT, MINIMUM WIDTH -The minimum lot width at the required building setback line. LOT OF RECORD -A lot which has been recorded in the office of the Recorder of Deeds of Franklin County, Pennsylvania. LOT, PANHANDLE -A polygonal shaped lot with the appearance of a “frying pan” or “flag and staff” in which the “handle” is most often used as the frontage on a public street. The “handle” shall be not less than fifty (50) feet in width and the lot shall meet the other requirements as set forth in Q 125-456 of Chapter 125, Subdivision and Land Development, and Q 150-8E of this chapter, arid other requirements as set forth in the ordinances of the township. [Added 10-24-1994 by Ord. No. 2381 LOT, REVERSE FRONTAGE -A lot extending between and having frontage on an arterial street and a minor street and with vehicular access solely from the latter. MINOR REPAIR -The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring or mechanical or other work affecting public health or general safety. 15021 Q 150-4 ANTRIM CODE Q 150-4 MOBILE HOME -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. The term includes park trailers, travel trailers, recreational and other similar vehicles placed on a site for more than one hundred eighty (180) consecutive days. 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. 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. MULTIPLE USE BUILDING-A single building occupied or intended to be occupied by more than one (1) permitted principal use. MUNICIPAL AUTHORITY-A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 1641, known as the “Municipalities Authority Act of 1945.”5 MUNICIPALITY-The Township of Antrim, Franklin County, Pennsylvania. NEW MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDMSION-A parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which 5 ~ditor’~s o t e&:e 53 P.S. o 301 et seq. 15022 9 150-4 ZONING 9 150-4 the mobile home is to be affixed (including at a minimum, the installation of utilities, either final site grading, or the pouring of concrete pads, and the construction of streets) is complete on or after the effective date of the floodplain management regulations adopted by the Township Board of Supervisors. NONCONFORMING LOT -A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment. NONCONFORMING STRUCTURE -A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of the chapter or amendment heretofore or hereaf%er enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not not limited to, nonconforming signs. NONCONFORMING USE -A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation. NURSERY, HORTICULTURE-Any lot or parcel of land used to cultivate, propagate and grow trees, shrubs, vines and other plants, including the buildings, structures and equipment customarily incidental and accessory to the primary use. OBSTRUCTION-Any structure or assembly of materials, including fill above or below the surface of the land or water, and any activity which might impede, retard or change flood flows. The planting, cultivation and harvesting of field and orchard crops or the grazing 15023 Q 150-4 ANTRIM CODE Q 150-4 of livestock, including the maintenance of necessary appurtenant, agricultural fencing, shall not be considered an “obstruction” under this definition and shall not be subject to regulation under this section. OFFICE BUILDING-A building designed or used primarily for office purposes, no part of which is used for manufacturing, or for dwelling other than by a watchman or janitor.6 ONE-HUNDRED-YEAR FLOOD -The highest level of flooding that, on the average, is likely to occur every one hundred (100) years, that is that has a one percent (1%) chance of occurring each year. ONE-HUNDRED-YEAR FLOODPLAIN -The onehunddredyear floodway and that maximum area of land that is likely to be flooded by a one-hundred-year flood as shown on the floodplain maps provided by FEMA to the OPEN SPACE -The unoccupied space open to the sky on the same lot with the building, not including parking lots. PARKING SPACE -The space within a building, or on a lot or parking lot, for the parking or storage of one one (1) automobile. PLANNED RESIDENTIAL DEVELOPMENT -An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter. township. Editor’s Note: The former de5ition of “office, professional,” which immediately followed this definition, wa8 deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I. &e now the definition of ”professional office.” 15024 Q 150-4 ZONING Q 150-4 PLANNING COMMISSION -The Planning Commission of Antrim Township. POLLUTION-The contamination of any air or water of the township such as will create or is likely to create a nuisance or to render such air or water harmful, detrimental or injurious to public health, safety or welfare or to domestic, municipal, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock, wild animals, birds, fish or to other aquatic life, including but not limited to such contamination by alteration of the physical, chemical or biological properties of such air or water or change in temperature, taste, color or odor thereof or the discharge of any noxious liquid, gas, radioactive material, solid or other substances into such air or water. PROFESSIONAL OFFICE -A room or rooms used for the carrying on of a profession recognized by the Commonwealth of Pennsylvania which generally operates on an appointment basis and generates low tr&c. “Professional office” includes the office of a physician, attorney, dentist, accountant or engineer. PUBLIC -Owned, operated or controlled by a governmeen agency (federal, state or local). [Added 10-24-1995 by Ord. No. 2381 PUBLIC GROUNDS -Includes: A. Parks, playgrounds, trails, paths and other recreational areas and other public areas. B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities. C. Publicly owned or operated scenic and historic sites. PUBLIC HEARING -A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter. 15025 9 150-4 ANTRIM CODE 9 150-4 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,” 65 P.S. 9 271 et ~ e q . ~ PUBLIC NOTICE-Notice published once a week for two (2) consecutive weeks in a newspaper of general circulation in the township. 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. RECYCLING PROCESSING FACILITY: A. A recycling processing facility that separates or classifies metals, glass, paper, leaf waste, plastics and other materials to be sold or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. A resource recovery processing facility that provides for the extraction and utilization of materials or energy from municipal wastes that are generated off-site, including but not limited to a facility that mechanically extracts materials from municipal wastes, a combustion facility that converts the organic fraction to municipal wastes to useable energy and any chemical or biological process that converts municipal wastes into a fuel product. The term also includes any facility for the combustion of municipal wastes that is generated off-site, whether or not the facility is operated to recover energy. REGULATORY FLOOD ELEVATION -The onehunddredyear-flood elevation plus a freeboard safety factor of one and one-half (11/2) feet. B. 7 Art. I. Editor‘s Note: Amended at time of adoption of Code; see Ch. 1, General Pmvieions, 15026 9 150-4 ZONING 9 150-4 REPORT -Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction. RESOURCE RECOVERY FACILITY -See “Recycling processing facility.” 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. SCREENING -A well-maintained fence, wall, hedge or vegetative material at least five (5) feet in height and of a density to conceal from the view of adjoining property owners the structures and uses of the premises on which the screening is required to be located. SHOPPING CENTER -A group of stores planned and designed to function as a unit for the lot on which it is located with off-street parking provided as an integral part of the unit. SIGN -Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including the following: A. Flags and insignias of any government agency or civic, charitable, religious, fraternal or similar organization. 15027 Q 150-4 ANTRIM CODE 0 150-4 B. Legal notices, identification, information or directional signs, erected or required by governmennta bodies. C. Signs which are solely devoted to prohibiting SIGNS, AREA OF -The total of each surface area used for the purpose of identifying the product(s), activities and/or apprising the public of the location of such enterprise. SIGN, BUSINESS -A sign which directs attention to a use conducted, product or commodities sold or service performed upon the premises. SIGN, COMMERCIAL ADVERTISING or BILLBOARD -An advertising sign, structure or symbol erected and maintained by an individual or corporation upon which space there is displayed by means of painting, posting or other method, advertising copy describing a wide variety of products or services which are not necessarily made, produced, assembled, stored or sold from the lot or premises upon which the advertisemeen is displayed. SPECIAL EXCEPTION-A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and M of the Pennsylvania Municipalities Planning Code, 53 P.S. Q 10601 et seq. and Q 10901 et seq. STORY -That portion of any building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. STORY, HALF -A story under a gable, hip or gambrel roof, the wall plates of which at least two (2) opposite exterior walls are not over two (2) feet above the finished floor of such story. trespassing, hunting or fishing. 15028 9 150-4 ZONING 0 150-4 STREET-A public street, public avenue, public boulevard, publid road, public. highway, public freeway, public alleyway or a public parkway which affords vehicular access to abutting properties. [Amended 10-24-1995 by Ord. No. 2381 STRUCTURE-Any man-made object having an ascertainable stationary location on or in land or water, whether or not &xed to the land. SUBSTANTIAL ADDITIONS TO MOBILE HOME PARKS -Any repair, reconstruction or improvement of an existing mobile home park or mobile home subdivision, where such repair, reconstruction or improvement of the streets, utilities and pads will equal or exceed fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement is started. SUBSTANTIAL IMPROVEMENTS -Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. TOWNSHIP-The Township of Antrim, Franklin County, Pennsylvania. USEABLE OPEN SPACE -See “Common open space.” 15029 9 150-4 ANTRIM CODE 9 150-5 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. VARIANCE -Relief granted pursuant to the provisions of this chapter and Articles VI and M of the Pennsylvania Municipalities Planning Code, 53 P.S. 9 10601 et seq. and Q 10901 et seq. WATER SURVEY-An inventory of the source, quantity, yield and use of groundwater and surface water resources within the township. YARD -An unoccupied space, other than a court, open to the sky, on the same lot with a building or structure. YARD, BUFFER -A yard covered with vegetation and intended to provide an area of separation between different districts or uses. YARD, EXTERIOR-An open, unoccupied space between the buildings of a dwelling group or its accessory building and the project boundary or street line. ARTICLE I11 Establishment of Districts 0 150-5. List of districts. listed below: The township is hereby divided into the classes of districts (A) Agricultural District (AR) Agricultural Residential District (R-1) Low Density Residential District (R-2) Medium Density Residential District (CC) Community Commercial District 15030 0 150-5 . ZONING 5 150-7 (HC) Highway Commercial District (1) Industrial (FH) Flood Hazard District § 150-6. Zoning Map. The boundaries of said districts are hereby established as shown on the “Antrim Township Zoning Map,” which accompanies, and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. An official copy of said map, indicating the latest amendments, shall be kept up-to-date for the use and benefit of the public and shall be so displayed at the Antrim Township Municipal Building. . § 150-7. District boundaries. Map, the following rules shall apply: In determining boundaries of districts shown on the Zoning A. Where district boundaries are indicated as approximately following the center lines of streets, highways, watercourses or railroad rights-of-way of such lines extended, such center lines shall be construed to be such boundaries. B. Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, lands, such lines shall be construed to be such boundaries. C. Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be three hundred (300) feet back from the rights-of-way of said streets. D. In all cases where a district boundary divides a lot in one (1) ownership, the most restrictive district requirement, or control, shall apply. For the purpose of this section, the most restrictive district shall be deemed that district subject to regulations which prohibit the use intended to 15031 Q 150-7 ANTRIM CODE 5 150-8 be made of said lot, or require higher standards with respect to coverage, yards, screening, landscaping and agriculturally related operations under $9 150-10D and 150-12C. 15032 9 150-8 ZONING 9 150-8 C. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all provisions of this chapter. D. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with local laws in force prior to this chapter, if the following is found to exist: (1) A building permit shall have been duly issued prior to the date of first publication of notice of public hearing on this chapter. (2) The entire building shall have been constructed in accordance with such plans as have been filed within one (1) year from the effective date of this chapter. E. Lots. [Amended 10-24-1995 by Ord. No. 2383 (1) All lots shall have a minimum frontage on a public street or on a proposed public street to be approved by the township which is planned to be constructed and dedicated to the township of eighty-five percent (85%) of the required lot width as set forth in Article XI1 of this chapter. Lots shall not front on any private streets. (2) A lot, commonly referred to as a “panhandle lot” shall be deemed to satisfy the frontage requirements if said lot meets the following criteria: (a) Frontage on a public street fifty (50) feet. (b) A width beyond the fifty-feet frontage shall be equal to or greater than the minimum lot width requirements as set forth in Article XI1 of this chapter. 15033 ANTRIM CODE 8 150-8 The building to be constructed on the lot must be a single-family detached dwelling (house). Only one (1) single-family detached dwelling (house) shall be permitted for each panhandle lot. No panhandle lot shall be permitted within one hundred (100) feet of another panhandle lot. The one hundred (100) feet shall be measured from the property line nearest the other panhandle lot. Lot size, excluding the panhandle area, shall meet all remaining minimum area requirements as set forth in Article XI1 of this chapter. The panhandle area is that portion of the lot which does not meet the minimum lot width and lot depth requirements as set forth in Article XI1 of this chapter. There shall be no more than one (1) panhandle lot for every five (5) acres of land. All panhandle lots shall meet the other requirements of this chapter and any other township ordinance. F. Any use not permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall not be deemed to be an exhaustive list but has been included for the purpose of clarity and emphasis and to illustrate, by example, some of the uses frequently proposed that are deemed undesirable and incompatible and thus prohibited. 15034