HomeMy WebLinkAboutGreencastle Zoning Ordn i BOROUGH OF GREENCASTLE Franklin County, Pennsyhania ZONING ORDINANCE Ordinance 2-80, July 7, 7980 As Amended Through Ordinance 7995-2, January 3, 7995 Penns Valley hblishers A DMson
of Fry Communiwi$ons, /ne. Mechaniksburg, Pennsyhania
a * . a . CHAPTER 27 ZONING Part 1 Objectives 1101. Objectives Part 2 Establishment of Zoning Districts 1201. List of Districts 1202. Zoning Map 1203. District Boundaries 5204. Effect
of Establishment of Districts Part 3 District Use Regulations 5301. (R-1) Residential District 1302. (R-2) General Residential District 1303. (CC) Community Commercial District §304.
(CC-11) Community Commercial-I1 District 5305. (HC) Highway Commercial District 1306. (I) Industrial District 1307. (R-M) Residential-Mobile Home District Part 4 Lot Area and Related
Regulations 1401. 1402. 1403. 5404. 1405. 9406. 1407. 1408. Single-Family Detached Dwellings Single-Family Semi-Detached Dwellings Two-Family Detached Dwellings Attached Dwelling Residences
Multiple Dwelling Residences. Multiple Occupancy Buildings Detached Commercial and Industrial Uses Exceptions Part 5 Supplementary Regulations §501. Accessory Buildings 5502. Accessory
Uses 5503. Height Regulations Page Revised 1/3/1995 -171 -
5504. Yard and Lot Regulations 5505. Parking Regulations 5506. Off-street Loading Requirements §507. Sign Regulations Part 6 Nonconforming Uses and Buildings 5601. Definitions and Use
Provisions 5602. 5603. Discontinuance 5604. Repairs and Maintenance §605. Registration of Nonconforming Uses Expansion and Change of Nonconforming Uses Part 7 Enforcement §701. 5702.
Building Permits 5703. Certificate of Occupancy 5704. Fees 1705. Causes of Action 5706. Enforcement Notice 1707. Enforcement Remedies Appointment and Powers of Zoning Officer Part 8
Zoning Hearing Board 5801. 5802. 5803. §804. 5805. §806. 5807. 5808. Zoning Hearing Board Hearings Jurisdiction Variances Special Exceptions Time Limitations Stay of Proceedings Parties
Appellant Before the Board Parr 9 Planning Commission 5901. Compliance. 5902. Approval of Site Development Plans -172 -Page Revised 1/3/1995
Part 10 Amendments 11001. Amendments 11002. Enactment of Zoning Ordinance Amendments 11003. Procedure for Landowner Curative Amendments 11004, Procedure for Borough Curative Amendments
Part 11 Definitions 11101. Definitions 11102. Specific Terms Part 12 Appeals 11201. Zoning Appeals 11202. Venue 11203. Validity of Chapter; Procedural Questions 11204. Validity of Ordinance;
Substantive Questions 11205. Procedure to Obtain Preliminary Opinion Part 13 Legal Status 11301. Interpretation Page Revised 1/3/1995 ~ -~ -173 -
I (27, 5101) (27, 1101) Part 1 Objectives 1101. Objectives. There is hereby established a new comprehensive zoning plan for the Borough, which plan is set forth in the text and map that
constitute 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 Borough of Greencastle comprehensive plan: A. To guide and regulate the orderly growth, development,
and redevelopment of the Borough, in accordance with a comprehensive plan of long-term objectives, principles, and standards deemed beneficial to the interest and welfare of the people.
B. To protect the established character and the social and economic 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 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 traffic congestion on public streets and highways so as to promote efficient and safe circulation of vehicles and pedestrians. G. To discourage, prohibit
and gradually eliminate the expansion and undue perpetuation of nonconforming uses and structures. H. To conserve the value of buildings and to enhance the value of land throughout the
Borough. (Ord. 2-80, 7/7/1980, 51.1) Page Added 1/3/1995 -175 -
(27, 5201) Part 2 Establishment of Zoning Districts 5201. List of Districts. The Borough is hereby divided into the classes of districts listed below: (R-1) Low Density Residential District
(R-2) Medium Density Residential District (I) Industrial District (CC) Community Commercial District (CC-11) Community Commercial-I1 District (HC) Highway Commercial District (R-M) Residential-Mobile
Home District (Ord. 2-80, 7/7/1980, 5 2 . 1 ) 5202. Zoning Map. The boundaries of the said districts are hereby established as shown on the "Greencastle Zoning Map ,I1 which accompanies,
and which, with all explanatory matter thereof, is hereby adopted and made a part of this Chapter. A copy of said map, indicating the latest amendmennts shall be kept up-to-date for
the use and benefit of the public. (Ord. 2-80, 7/7/1980, 52.2) 5203. District Boundaries. In determining the boundaries of A. Where district boundaries are indicated as approximately
following the center lines of streets, highways, watercourses or railroad rights-rights-of-way or such lines extended, such center lines shall be construed to be such boundaries. B.
Where such boundaries are indicated as approximately followiin the property lines of parks or other publicly owned 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 two hundred (200) 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 be made of said lot or require higher standards with respect to coverage, yards, screening, landscaping
and similar requirements. [Ord. 1995-21 E. In all cases where a district boundary line is located not farther than fifteen (15) feet away from a lot line of record, such boundary line
shall be construed to coincide with such lot line. F. In all cases where dimensions are not shown on the zoning nap, the location of boundaries shown on the map shall be determined by
the use of the scale appearing thereon. districts shown on the zoning map, the following rules shall apply: Page Added 1/3/1995 -177 -
(27, 5203(G)) (27, 5203 (G) ) G. In case of uncertainty as to the true location of a district boundary line in a particular instance, the determination thereof shall be made by the Zoning
Officer. An appeal may be taken to the Zoning Hearing Board, as provided in Part 8 herein. -1 (Ord. 2-80, 7/7/1980, 12.3; as amended by Ord. 1995-2, 1/3/1995) 5204. Effect of Establishment
of Districts. Following the effective date of this Chapter and except as herein provided: A. No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building
be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements, and restrictions specified in this Chapter for the
district in which such building or land is located. B. No yard or open space required in connection with any buildiin or use shall be considered as providing a required yard or open
space for any other building on the same -or any other lot. [-Ord. 1995-21 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 prescrribe 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 the provisions of this Chapter. D. No more than one (1) principal use
may exist on a single parcel or tract of land. [Ord. 1995-21 E. Nothing contained in this Chapter shall require any change in the plans, construction, or designated use of a buil4ing
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 the public hearing on this Chapter. (2) The entire building shall have been constructed in accordance with such plans as have been filed with the Borough and shall have
been completed within one (1) year from the effective date of this Chapter. 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 are thus prohibited. G. A lot shall be deemed to satisfy the frontage required as long as it has the minimum
lot width on a public street that is required for the zoning district in which the lot is located. [-Ord. 1995-21 (Ord. 2-80, 7/7/1980, 52.4; as amended by Ord. 1995-2, 1/3/1995) -178
-Page Added 1/3/1995
(27, 5301) Part 3 District Use Regulations (27, 5301) 1301. (R-1) Residential District. 1. Permitted Uses. A. Single-family detached dwellings. B. Single-family semi-detached dwellings.
[Ord. 1995-21 C. Agricultural operations including crop farming and animal (1) No stable or storage of manure or other odor producing substance shall be located within two hundred (200)
feet of any property line. [Ord. 1995-21 husbandry subject to the following: (2) No sale of products shall be permitted. (3) No keeping, breeding, and/or raising of cattle, sheep, goats,
pigs, fowl, or horses, including rental horses, shall be permitted on lots of less than twenty (20) acres. D. Essential services. E. Accessory uses. 2. Special Exceptions. Churches may
be permitted as a special exception in accordance with the procedures of Part 8 and subject to satisfactory compliance with the following: A. It shall be the responsibility of the applicant.to
adequately demonstrate to the Zoning Hearing Board that such special exception will be compatible with adjacent uses, neighborhood characteristics and the objectives of this Chapter.
B. A site development plan shall be submitted with any special exception application under this subsection. (Ord. 2-80, 7/7/1980, 13.2; as amended by Ord. 1995-2, 1/3/1995) 5302. (R-2)
General Residential District. 1. Permitted Uses. A. Single-family detached dwellings. B. Single-family semi-detached dwellings. C. Two-family detached dwellings. D. Attached dwellings.
[Ord. 1995-23 E. Multi-family dwellings. [Ord. 1995-21 F. Conversions of existing residences to a two (2) or more family dwelling subject to the following: (1) A minimum of two (2) off-street
parking spaces shall be provided on the same lot for each additional dwelling unit created. [Ord. 1995-21 Page Added 1/3/1995 -179 -
(27, 5302(1)(F), cont'd) (27, §302(1)(F), cont'd) (2) Each dwelling unit shall have private bath and toilet A site development plan shall be required for all residential facilities.
G. uses when three (3) or more dwelling units are proposed. H. Churches. I. Boarding, lodging, or rooming house provided a minimum of one (1) off-street parking space shall be provided
on the same lot for each boarder, lodger, or roomer. J. Essential services. K. Accessory uses. 2. Special Exceptions. tennis courts, swimming pools, etc. subject to the following: A.
Membership clubs and outdoor recreational facilities such as (1) Any such use shall not outwardly display its commercial nature other than by a sign in accordance with §507(C)(3). (2)
The Zoning Hearing Board may require specific screening measures where in its opinion the proposed parking areas may be detrimental to other orderly use of adjacent properties. (3) All
exterior lighting shall be shielded from the view of surrounding lots. ( 4 ) A minimum lot size of twenty thousand (20,000) square feet with a minimum frontage of eighty (80) feet and
side yards of fifteen (15) feet shall be provided. (5) The applicant shall conclusively demonstrate that all anticipated parking needs shall be adequately provided. B. Eleemosynary institutions,
day care centers, nursing homes (1) All parking areas shall be screened from adjacent properties. (2) All outdoor recreation areas shall be screened from adjacent properties. (3) A minimum
lot size of twenty thousand (20,000) square feet with a minimum frontage of eighty (80) feet and side yards of fifteen (15) feet shall be provided. C. A site development plan shall be
submitted with any special exception application under this subsection. \ and similar institutions subject to the following: (Ord. 2-80, 7/7/1980, 53.2; as amended by Ord. 1995-2, 1/3/1995)
5303. (CC) Community Commercial District. 1. Permitted Uses. A. All permitted uses and special exceptions as listed and regulated in the (R-2) District. -180 -Page Added 1/3/1995
B. Retail businesses (e.g., variety stores, groceries, apparel, etc., and including eating and drinking establishments). [-Ord. 1995-21 C. Service businesses (e.g., banks, insurance,
professional D. Personal services (e.g., barber shops, beauty salons, offices). [Ord. 1995-21 laundry). [Ord. 1995-21 E. Repair services (e.g., shoe shops, beauty salons, laundry). [Ord.
1995-21 F. Manufacturing and processing which is clearly incidental to a retail or service business as listed above and provided all the goods so manufactured or processed are sold on
the premises. [Ord. 1995-21 G. Newspaper and printing establishments. H. Multiple occupancy buildings provided each such use is I. Hotels. J. Accessory uses and essential services. permitted
in the (CC) District. (Ord. 2-80, 7/7/1980, 53.3; as amended by Ord. 1995-2, 1/3/1995) 1304. (CC-11) Community Commercial-I1 District. 1. Permitted Uses. District. A. Any permitted use
as listed in the (CC) Community Commercial B. Commercial recreation facilities. C. All uses in this district shall conform in all respects with the (HC) Highway Commercial District lot
area and related regulations as set forth in Part 4 of this Chapter. D. Accessory uses and essential services. (Ord. 2-80, 7/7/1980, 53.4; as added by Ord. 5/7/1984, 53) 1305. (HC) Highway
Commercial District. 1. Permitted Uses. A. Any permitted use as listed in the (CC-11) Community Commercial-I1 District subject to the (HC) Highway Commercial lot size requirements of
Part 4. [Ord. 1995-21 B. Hotels and motels. C. Shopping centers in accordance with the following: (1) Access. There shall be a minimum of two (2) separate points of ingress and egress
and no access points shall be located within seventy (70) feet of intersecting streets, unless such points are located directly at an intersection. (2) Management. A shopping center
shall be under unified management which shall clearly establish centralized responsibillit for the operation and maintenance of the project, includiin all common areas. Page Added 1/3/1995
-181 -
(3) Signs. There shall be only one (1) free standing sign per road frontage which shall be designed and used for the purpose of announcing the shopping center itself in compliance with
the applicable provisions of this Chapter. ( 4 ) Parking. There shall be a minimum of five (5) parking spaces for every one thousand (1,000) square feet of merchandisiin or sales area
designed for tenant occupancy. (5) Circulation. Traffic circulation within a shopping center project shall be designed to minimize pedestrian and vehicular mixing and congestion. Circulation
shall be provided along the outer perimeters and along store frontages. ( 6 ) Setback Requirements. Shopping centers shall comply with the yard and setback requirements for the (HC)
Highway Commercial District. D. Automotive sales and services. [Ord. 1995-21 E. Motor vehicle, mobile home, trailer, construction or farm F. Freight, bus, and trucking terminals. G.
Wholesaling, storing and warehousing. H. Essential services. I. Accessory uses including out-of-doors storage provided no such storage shall occupy the required front yard area or be
located within ten (10) feet of the side or rear property lines. equipment sales and services. J. Multiple occupancy buildings. 2. Special Exceptions. A. Light manufacturing, assembling,
converting, altering, finishing, or other processing of products or materials and research and development establishments and related accessory uses subject to the following : (1) It
shall be satisfactorily demonstrated that the proposed use will be compatible with adjacent uses and neighborhooo characteristics, and that the magnitude of operation does not necessitate
locating in the (I) Industrial District. (2) All illumination shall be arranged so that there shall be no glare of lights upon a residential district or existing residence. (3) No out-of-doors
storage shall occupy the required front yard area or be located within ten (10) feet of the side or rear property lines. ( 4 ) Area, parking, and set-back distance shall be in compliance
with the (HC) Highway Commercial District requiremeen s. B. Adult book store, adult motion picture theater or cabaret, massage parlor, health club or health spa, or model studio subject
to the following : -182 -Page Added 1/3/1995
(27, §305(2) (B), cont'd) (27, 5305 ( 2 ) (B) , cont 'd) (1) It shall be unlawful to establish an adult book store, adult motion picture theater or cabaret, massage parlor, health club
or health spa, or model studio within five hundred (500) feet of any school, church, residential zone, establishment licensed by the Pennsylvania Liquor Control Board to dispense alcoholic
beverages, any restaurant, eating establishment, hotel or motel, or within five hundred (500) feet oE any other adult book store, adult motion picture theater or cabaret, massage parlor,
health club or health spa, or model studio, except as a special exception in accordance with the procedures set forth in this Section. [Ord. 1995-21 ( 2 ) The Zoning Hearing Board may
authorize the establishmeen of an adult book store, adult motion picture theater or cabaret, massage parlor, health club or health spa, or model studio within five hundred (500) feet
of any school, church, residential zone, establishment licensed by the Pennsylvania Liquor Control Board to dispense alcoholic beverages, any restaurant, eating establishment, hotel
or motel, or within five hundred (500) feet of any other adult book store, adult motion picture theater or cabaret, massage parlor, health club or health spa, or model studio, only if
the following findings are made by the Board: [Ord. 1995-21 (a) That the applicant has presented to the Board a petition which indicates approval of the proposed use by fifty-one ( 5
1 ) percent of the persons owning, residing or doing business within five hundred (500) feet of the locatiio of the proposed use. (b) The applicant shall have attempted to contact all
eligible locations within this radius, and must supply a list of all addresses at which no contact was made. (c) The circulator of the petition shall have subscrribe to an affidavit
(or verification pursuant to 18 Pa.C.S.A. 94904 attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition
by the persons whose names appear thereon. [Ord. 1995-21 3. Any use contemplated by this Section must comply with all other applicable provisions of this Chapter including the provisions
of Part 5 dealing with parking, screening, off-street loading, and signs. 4. In addition to any other requirements set forth in this Section, or elsewhere in this Chapter, any use permitted
in accordance with subsecctio ( 1 1 , supra, shall as a minimum be completely screened on three (3) sides, consisting of the rear boundary line and each boundary line perpendiicula thereto,
by the planting and continuous maintenance of an evergreen material, such as arborvitae or some similar plant, for as long as said use is in existence. These screening plants shall have
an initial minimum height of four ( 4 ) feet after planting. [Ord. 5 /7 /1 9 8 4 ] (Ord. 2-80, 7 /7 /1 9 8 0 , 53.5; as amended by Ord. 5 /7 /1 9 8 4 , 59; and by Ord. _c 1995-2, 1 /3
/1 9 9 5 ) Page Added 1/3/1995 -183 -
(27, 1306) (27, 5306) 5306. (I) Industrial District. 1. Permitted Uses. A. Manufacturing, assembling, converting, printing or other processing, handling, or storage of products or materials.
[-Ord. 1995-21 B. Wholesaling, storing, and warehousing. C. Freight, bus, and trucking terminals. D. Building material and equipment and vehicle storage, sales E. Research and development.
F. Accessory uses and buildings customarily incidental to other permitted principal uses including dwellings for only bona fide caretakers or watchmen and their families. 2. Special
Exceptions. A. In accordance with the requirements of Part 8, single-family detached dwellings may be permitted as a special exception subject to the following standards: (1) The applicant
shall satisfactorily present to the Zoning Hearing Board the characteristics and circumstances which justify the residential use in an (I) Industrial District. (2) The applicant shall
acknowledge his understanding tha.t the district is intended by the Borough to be used primarily for industrial purposes and that the granting of a special exception shall not receive
favored status over industrial uses. (Ord. 2-80, 7/7/1980, 53.6; as amended by Ord. 1995-2, 1/3/1995) and service. 5307. (R-M) Residential-Mobile Home District. 1. Permitted Uses. A.
Single-family detached dwellings. B. Single-family semi-detached dwelling. [Ord. 1995-21 C. Attached dwelling residences. [Ord. 1995-21 D. Multi-family dwellings. [Ord. 1995-21 E. Individual
mobile homes. F. Accessory and essential services. 2. Special Exceptions. A. Mobile home park subject to the following: (1) Applicable requirements of Part 9 of this Chapter. (Ord. 2-80,
7/7/1980, 53.7; as amended by Ord. 1995-2, 1/3/1995) -184 -Page Added 1/3/1995
(27, 1401) (27, 1401) Part 4 Lot Area and Related Regulations $3401. Single-Family Detached Dwellings. MINIMUMS : R-1 DISTRICT R-2 DISTRICT Lot size 9,000 sq. ft. 9,000 sq. ft. Lot width
Lot depth Front yard Each side yard Rear yard Off-street parking spaces per dwelling unit MAXIMUMS: Building height Lot coverage (Ord. 2-80, 7/7/1980, Art. IV(A)) 70 ft. 100 ft. 25 ft.
10 ft. 25 ft. 2 35 ft. 35% 70 ft. 100 ft. 25 ft. 10 ft. 25 ft. 2 35 ft. 40% 0402. Single-Family Semi-Detached Dwellings. MINIMUMS (per dwelling unit): R-1 DISTRICT R-2 DISTRICT Lot size
5,000 sq. ft. 4,000 sq. ft. Lot width 40 ft. 30 ft. Lot depth 100 ft. 100 ft. Front yard Each side yard 25 ft. 15 ft. 10 ft. 7 ft. Rear yard 25 ft. 20 ft. Off-street parking spaces per
dwelling unit 2 2 MAXIMUMS (per dwelling unit): Building height 35 ft. 35 ft. Lot coverage 35% 40% (Ord. 2-80, 7/7/1980, Art. IV(B); as amended by Ord. 1995-2, 1/3/1995) 0403. Two-Family
Detached Dwellings. MINIMUMS : R-1 DISTRICT R-2 DISTRICT Lot size 8,000 sq. ft. Lot width Lot depth Front yard 50 ft. 100 ft. 15 ft. Page Added 1/3/1995 -185 -
(27, §403, cont'd) (27, §403, cont'd) Each side yard Rear yard Off-street parking spaces MAXIMUMS: Building height 7 ft. 20 ft. 4 35 ft. Lot coverage 30% (Ord. 2-80, 7/7/1980, Art. IV(C);
as amended by Ord. 1995-2, 1/3/1995) §404. Attached Dwelling Residences. MINIMUMS (per dwelling unit) : R-1 DISTRICT R-2 DISTRICT Lot area (interior units) 2,000 sq. ft. Lot area (end
units) Lot width (interior) Lot depth Front yard 3,000 sq. ft. 20 ft. 100 ft. 15 ft. Side yard for end units 10 ft. Off-street parking spaces MAXIMUMS: Building height Lot coverage 2
35 ft. 40% No less than three (3) and nor more than eight (8) dwellings shall be permitted in a unit or group. (Ord. 2-80, 7/7/1980, Art. IV(D); as amended by Ord. 1995-2, 1/3/1995)
§405. Multiple Dwelling Residences. MINIMUMS : R-1 DISTRICT R-2 DISTRICT Lot area per dwelling unit 2,000 sq. ft. Front yard Each side yard 20 ft. 10 ft. Rear yard 25 ft. Off-street
parking spaces per dwelling 2 Distance between units 20 ft. Active play area per dwelling unit MAXIMUMS: Building height 100 sq. ft. 40 ft. Lot coverage 40% Building length 160 ft: (Ord.
2-80, 7/7/1980, Art. IV(E); as amended by Ord. 1995-2, 1/3/1995) -186 -Page Added 1/3/1995
(27, 8406) (27, 1406) 1406. Multiple Occupancy Buildings. 1. As permitted in (CC) Community Commercial and (CC-11) Community Commercial-I1 Districts. Any residential use hereinafter
created as part of a multiple occupancy building shall as a minimum comply with the requiremeent for conversions as provided in the (R-2) General Residential District regulations. 2.
As permitted in the (HC) Highway Commercial District. A multiple occupancy building in a (HC) Highway Commercial District shall contain fifteen thousand (15,000) square feet of lot area
for the first use in accordance with J407, below, and two thousand five hundred (2,500) square feet for each subsequent use. Residential uses shall, in addition, comply with the minimum
requirements for conversions as provided in the (R-2) General Residential District regulations. (Ord. 2-80, 7/7/1980, Art. IV(F); as amended by Ord. 1995-2, 1/3/1995) 1407. Detached
Commercial and Industrial Uses. COMMUNITY COMMERCIAL I1 & COMMUNITY HIGHWAY MINIMUM COMMERCIAL COMMERCIAL INDUSTRIAL REQUIRED DISTRICT DISTRICT DISTRICT Lot size --15,000 sq. ft. 20,000
sq. ft. Lot width --80 ft. 100 ft. Lot depth --150 ft. 150 ft. Front yard c-35 ft. 35 ft. Side yard L-15 ft. 20 ft Rear yard --25 ft. 30 ft. Building height 40 ft. 40 ft. 40 ft. Off-street
parking none 1 space for 1 space for each 200 sq. each employee ft. of floor on max. shift area Any commercial or industrial use which is adjacent to a residential district or existing
residence shall be screened along the adjacent property line as defined in this Chapter. (Ord. 2-80, 7/7/1980, Art. IV(G); as amended by Ord. 1995-2, 1/3/1995) J408. Exceptions. The
general principles of design and the minimum area requirements stipulated in this Chapter may be varied by the Borough Council upon recommendation of the subdivider or developer and
the Planning Commission in the case of a project large enough to constitute a more or less self-contained neighborhood, industrial park or commercial center. Such a project shall be
developed in accordance with an overall plan safe-guarded by appropriate restrictions, which in the judgment of the Council has made adequate provisions for a l l essential requirements.
Page Added 1/3/1995 -187 -
(27, 5408, cont'd) ( 2 7 , 5408, cont'd) Provided, however, that no modification shall be granted by the Council which would conflict with features of any adopted long-range plan of
the Borough or with the intent and purpose of the general principles of design and minimum requirements of this Chapter. (Ord. 2-80, 7 /7 /1 9 8 0 , Art. IV (H) 1 -I I -188 -Page Added
1/3/1995
Part 5 Supplementary Regulations 5501. Accessory Buildings. 1. An accessory building to a residential use and not attached to the principle structure may be located in any required side
or rear yard provided : A. Such a building shall not exceed one (1) story or be more than twenty (20) feet in height. B. Such building shall be set back five (5) feet from any side or
rear lot line. C. All such buildings in the aggregate shall not occupy more than thirty (30) percent of the area of the required rear or side yard. 2. Accessory buildings constructed
at the same time may be located in pairs or groups on continuous lots in the required rear or side yard along the common side lot line or rear lot line. 3. Accessory buildings for principal
uses other than residential or such uses as permitted in the (CC) Community Commercial District shall not be located closer than ten (10) feet to any side or rear property line abutting
a residential district or lot used for residential purposes. 4. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements
of th,is Chapter applicable to the principal building. 5. No accessory building shall project nearer to the street on which the principal building fronts than the minimum building setback
distance for the principle
building. 6 . One (1) garage and one (1) utility building, not to exceed twelve (12) feet by fourteen (14) feet, shall be permitted for each residential use. [Ord. 5/7/1984] (Ord. 2-80,
7/7/1980, 55.1; as amended by Ord. 5/7/1984, 511) 5502. Accessory Uses. 1. Customary home occupations including professional offices or studios are permitted as an accessory use subject
to the following provission : A. Such use shall be located in a single dwelling unit or in a building accessory to the dwelling unit and provided those persons residing in said dwelling
are involved in the home occupation and not more than two (2) other persons. B, Such use shall not display or create any exterior evidence of the home occupation other than one (1) unanimated,
non-illuminated flat sign having an area of not more than four (4) square feet. C. Only one (1) customary home occupation shall be permitted in conjunction with a single-family dwelling.
Page Added 1/3/1995 -189 -
D. Prior to the establishment of each and every customary home occupation after the effective date of this Chapter, it shall be incumbent upon the owner to adequately document to the
Borough Zoning Officer the kind, location and magnitude of such customary home occupation and obtain a certificate of occupancy. E. Where off-street parking spaces are required for the
principal use, two (2) additional parking spaces shall be provided for the customary home occupation. F. The occupation is secondary and incidental to the principal residential use.
2. Private outdoor swimming pools shall be permitted as an accessory A. Such pool may be erected in the required rear yard but not in the required side or front yard. B. The edge of
such pool shall not be located closer than fifteen (15) feet to any lot line. C. Any such pool with a surface area of one hundred fifty (150) feet or more, or a depth in excess of two
(2) feet, shall be completely surrounded by a fence or wall that is not less than four (4) feet in height. height. All gates or doors opening through said fence shall be erected, maintained
and provided with a self-closing, self-locking gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than three and one-half (3-1/2)
feet above the ground level, then a fence is not required provided that all points of access to said pool are adequately protected by a self closing, self-locking gate. D. A building
permit and certificate of occupancy shall be required for swimming pools. use subject to the following: (Ord. 2-80, 7/7/1980, 55.2) 5503. Height Regulations. 1. Where a lot has frontage
on two (2) or more streets or other public rights-of-way, the limitation shall apply only as measured from the curb level along the street or way with a higher elevation above sea level.
2. Chimneys, flues, towers, spires, cupola domes, pole masts, and antennas shall be exempt from the height limitations of this Chapter. [Ord. 1995-21 (Ord. 2-80, 7/7/1980, 55.3; as amended
by Ord. 1995-2, 1/3/1995) 5504. Yard and Lot Regulations. 1. On Corner Lots. A, Front yards are required on both streets' frontages, and one (1) yard other than the front yard shall
be deemed to be a rear yard, and other (or others) side yards. No obstructions to vision in any district other than the (CC) Community Commercial District exceeding thirty (30) inches
in height B. -190 -Page Added 1/3/1995
(27, 5504(1) ( B ) , cont'd) ( 2 7 , 5504(1) ( B ) , cont'd) above curb level shall be erected or maintained within a thirty (30) foot clear sight triangle formed by the centerline of
intersecting streets. 2. Front Yard Exception. No proposed principal or accessory building need have a setback greater than the average of the existing dwellings located within fifty
(50) feet on each side of the adjacent lot line of the proposed dwelling, in the same side of the street, within the same block, and the same district. 3. 1Open pa.tios may be located
in side and rear yards provided, if located closer than ten ( 1 0 ) feet to any adjacent property line, they shall be screened in accordance with the provisions of this Chapter. 4. Existing
Small Lots. A lot owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of this Chapter, which has a total lot area or
dimension(s) less than prescribed in this Chapter, may be used, provided such lot shall be devellope in conformity with all applicable district regulations other than the minimum lot
area and setback requirements. Existing small lots meeting the above stipulations shall comply with the following: A. Side yard shall be minimum of five ( 5 ) feet. B. Rear yard shall
be a minimum of ten ( 1 0 ) feet. C. Front yard shall be in accordance with § 5 0 4 ( 2 ) , if applicabble and, otherwise, shall be a minimum of ten (10) feet. 5. Through Lots. Where
a lot extends through from street to street, the applicable front yard regulation shall apply on both street frontages. However, in the event of a complete system of through lots which
are designed for reversed frontage, the front yard need only be along the more minor street of the subdivision. 6. Waiver of Yards. No side yard or rear yard shall be required for commercial
or industrial uses when such yard abuts an operating railroad right-of-way. (Ord. 2-80, 7 /7 /1 9 8 0 , 55.4) 5505. Parking Regulations. 1. ParkingReAcqcesusoriy roffe-smtreeet npatrkisng
.sp aces aces shall be provided in accordance with the applicable provisions of Part 4 and elsewhere in this Chapter. Reasonable and appropriate off-street parking requirements listed
in Part 4 shall be determined by the Planning Commissiio upon consideration of all factors entering into the parking needs of each such use. 2. Areas Computed as Parking Spaces. Areas
which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or drivewaay However,
a driveway within a required front yard for a one ( 1 ) family or two (2) family residence may count as two ( 2 ) parking spaces. 3. Size of Spaces. Minimum parking stall width shall
be nine ( 9 ) feet; length shall be eighteen ( 1 8 ) feet. All parking aisles shall have a Page Added 1/3/1995 -191 -
(27, 5505(3), cont'd) angle parking shall have a minimum aisle width of fifteen (15) feet. 4. Circulation. All dead end parking lots shall be designed to (27, 5505(3), cont'd) minimum
width of twenty-five (25) feet for ninety (90) degree parking, and 0 a minimum width of twenty (20) feet for two-way angle parking. One-way 6. Drainage and Surfacing. All parking areas
shall be surfaced with an asphaltic or Portland cement or similar durable and dustless surface and shall be so graded and drained to dispose of all surface water anticipated within the
area. Surface materials shall be subject to Borough approval. 7. Screening and Setbacks for Multi-Family, Highway Commercial, and Industrial Uses. No parking area shall be closer than
ten (10) feet to the principal multiple dwelling, highway commercial or industrial building or to the side or rear lot line. Parking areas shall be physically separated from any public
cartway by a minimum of a five (5) foot planting strip and in no case shall parking areas be designed to require or encourage vehicles to back into the public street. 8. Location. Parking
areas planned and designed to serve i? permitted use shall be located in the same district as the permitted use. Ingress and egress for a parking area shall also be located in the same
district as the permitted principal use which it serves. (Ord. 2-80, 7/7/1980, 55.5) 5506. Off-street Loading Requirements. Off-street loading berths open or enclosed shall be permitted
as an accessory use to commercial arid industrial principal uses subject to the following minimum provisions: A. Size of Spaces. Each loading berth shall be at least twelve (12) feet
wide, thirty-three (33) feet long, and fourteen (14) feet high. B. Location and Access. Unobstructed access, at least fifteen (15) feet wide, to and from a street 'shall be provided.
Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot and same district as the use to which they are accessory.
No entrance or exit for any off-street loading area shall be located within fifty (50) feet of any street intersection. No off-street loading berth shall be located in any front yard
or within ten (10) feet of any side or rear yard which adjoins a residential district boundary or existing residential use. (Ord. 2-80, 7/7/1980, 55.6) 5507. Sign Regulations. Signs
may be erected and maintained only when in compliance with the following provisions: -192 -Page Added 1/3/1995
(27 , 5507 (A)) (27, §507(A)) A. General Regulations Applying to all Signs. (1) Signs must be constructed of durable materials, maintaiine in good condition, and not allowed to become
dilapidated. (2) Signs shall not be placed in such a position that they will cause danger to traffic on a street by obscuring the view. (3) No sign shall be permitted which rotates and/or
causes interruption or flashing of light. ( 4 ) All signs shall be removed within thirty (30) days after the circumstances leading to their erection no longer (5) Billboards or similar
outdoor advertising signs which advertise products or business not connected with the site or building shall be prohibited. ( 6 ) Signs placed on the roof of a building shall be prohibbite
except in the (HC) Highway Commercial and (I) Industrial Districts. (7) Signs erected in violation of these provisions shall be removed upon written notice of the Borough. Failure to
remove such signs shall constitute a violation of this Chapter and, in addition to the penalties contained herein, the Borough will charge the owner for the cost of Borough removal of
such signs. [Ord. 1995-21 B. Signs Permitted in all Districts. The following signs shall be permitted in all districts without the necessity to obtain a permit from the Borough: (1)
Real estate signs announcing the sale or rental of the property where located. [Ord. 1995-21 (2) Civic and religious signs or bulletin boards not exceeding twenty (20) square feet. (3)
Construction signs announcing the architect, engineer and/or contractor(s) placed upon the property only during the duration of construction activity and not exceeding thirty-two (32)
square feet. C. Signs Permitted in the R-1 and R-2 Districts. (1) Customary home occupation signs which shall be unanimmate and non-illuminated and shall not exceed an area of four (
4 ) square feet. (2) Residential development signs not exceeding an area of thirty-two (32) square feet and providing only one (1) such sign shall be permitted for each access way into
the residential development. (3) Signs used as accessory to a special exception not exceeding twenty (20) square feet in area and providing only one (1) such sign shall be permitted
for each special exception. apply Page Added 1/3/1995 -193 -
(27, 5507 (D)) (27, §507(D)) D. Signs Permitted in (CC) Community Commercial and (CC-11) Community Commercial-I1 Districts. ( 1 ) Only one (1) such sign for each street frontage shall
be permitted for each commercial use. (2) Hereafter, signs may project beyond the property line abutting a street, providing that the overhanging sign is not less than eight (8) feet
above the sidewalk and at least three (3) feet horizontal from the curb line. Overhanging signs shall not project over the cartway of any street or alley. (3) No sign shall exceed an
area of twenty (20) square feet for commercial uses with up to seventy-five (75) feet of street frontage, and no sign shall exceed an area of thirty-two (32) square feet for commercial
uses with over seventy-five (75) feet of street frontage. ( 4 ) No sign shall be placed so that its height measured from the base of the building where located exceeds twenty (20) feet.
E. Signs Permitted in (HC) Highway Commercial and (I) Industrial Districts. (1) Business identification signs shall be permitted (a) Not more than one (1) sign attached to and parallle
with the premises facing each street shall be permitted. The size of such sign shall not exceed ninety-six (96) square feet or ten (10) percent of the surface area of the front of the
building, whichever is greater. (b) Additionally, not more than one (1) free standing sign shall be permitted for each street frontage of one hundred (100) feet, and an additional free
standing sign shall be permitted for each additional one hundred (100) feet of frontage or fraction thereof. The size of such sign shall not exceed ninety-six (96) square feet nor exceed
the height limitation of twenty-five (25) feet. (c) No sign shall be located in the established right-of-way of any street. (2) Signs located in shopping centers shall be subject to
(a) There shall be only one (1) free standing sign per road frontage which shall be designed and used for the purpose of announcing the shopping center. Such sign shall not exceed ninety-six
(96) square feet nor exceed a height limitation of twenty-five (25) feet. (b) Individual tenant business identification signs shall not exceed ninety-six (96) square feet or ten (10)
percent of the surface area of the front of the building, which ever greater. subject to the following: the following : -194 -Page Added 1/3/1995 c a '
(27, §507(F)) (27, §507(F)) F. Permit Requirements. All signs, with the exception of those signs specifically identified in §507(B), and signs placed in the windows of permitted commercial
uses are subject to Borough permit requirements prior to installation or erection. [Ord. 88-01] (Ord. 2-80, 7/7/1980, 15.7; as amended by Ord. 5/7/1984, §7; by Ord. 88-01, 2/1/1988;
and by Ord. 1995-2, 1/3/1995) Page Added 1/3/1995 -195 -
Part 6 Nonconforming Uses and Buildings 5601. Definitions and Use Provisions. 1. Nonconforming Use. A nonconforming use is a use, whether of land or of structure, or both, which does
not comply with the applicable use provisions of this Chapter or its subsequent amendments, where such use was lawfully in existence prior to the enactment of this Chapter or amendment.
2. Nonconforming Structure. A nonconforming structure is a structure or building or part thereof manifestly not designed to comply with the applicable use provisions contained in this
Chapter or its subsequent amendment where such structure lawfully existed prior to the enactment of this Chapter or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs. 3. Use Provisions. Any nonconforming use of land or structure or' combination thereof may be continued subject to the following: A. Shall not be moved to another
location where such use would be nonconforming. B. Shall not be changed to another nonconforming nonconforming use without special exception approval by the Zoning Hearing Board in accordance
with 5602 herein. C. Shall not be re-established unless in accordance with 2603, if such use has been discontinued for a period of one (1) year or more. (Ord. 2-80, 7/7/1980, 56.1) 5602.
1. Procedure. Any nonconforming use of structure or land or combinatiio thereof may be expanded or changed only upon approval of the Zoning Hearing Board after a special use hearing
as defined elsewhere in this Chapter. 2. Standards. Each application for an expansion or change of a nonconforming use shall be subject to the following standards: A. It shall be the
responsibility of the applicant to sufficiientl document to the Zoning Hearing Board that the proposed expansion or change will not be contrary to the purposes of this Chapter and the
public health, safety, and welfare of municipal residents, in general, and of the residents of the immediate area, in particular. B. That such expansion or change is not extended beyond
the lot lines existing on the date of this Chapter or its subsequent amendmeent were adopted. C. That such expansion or change shall comply with the applicabbl yard and setback requirements
of the district where located. Expansion and Change of Nonconforming Uses. Page Added 1/3/1995 -197 -
D. Any person seeking permission to change a nonconforming use to any other nonconforming use, shall sufficiently document to the Zoning Hearing Board that such new nonconforming use
is more in compliance with the applicable provisions of this Chapter than the present nonconforming use. E. The Zoning Hearing Board may attach additional provisions to the granting
of a special use permit or expand or change a nonconformiin use for the purpose of promoting the objectives and intent of this Chapter. (Ord. 2-80, 7/7/1980, 56.2) 5603. Discontinuance.
Any person desiring to temporarily discontinue a nonconforming use may do so, and may resume the same use within one (1) year after such discontinuance, provided such person has notified
the Borough in writing of his intention to do so within thirty (30) days after the use is discontinued. A discontinued use will not be deemed to be resumed unless such use is operated
on a regular basis for six (6) months after such resumption begins. (Ord. 2-80, 7/7/1980, 56.3) 5604. Repairs and Maintenance. Notwithstanding any of the above, regulations nothing in
this Part shall be deemed to prevent normal maintennanc and repair of any nonconforming use or structure. (Ord. 2-80, 7/7/1980, 56.4) 5605. Registration of Nonconforming Uses. The Borough
Zoning Officer shall identify and register all lawful uses existing at the effective date of this Chapter which do not conform to the requirements set forth in this Chapter, or any amendments
thereto. Such registration shall be carried out within ninety (90) days of the effective date of this Chapter, or any amendments thereto. (Ord. 2-80, 7/7/1980, 56.5) r -198 -Page Added
1/3/1995
Part 7 Enforcement 5701. Appointment and Powers of Zoning Officer. 1. For the administration of this Chapter, a Zoning Officer, who shall not hold any elective office in the Borough,
shall be appointed. TOrd. 1995-21 2. The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a
working knowledge of municipal zoning. [Ord. 1995-21 3. The Zoning Officer shall administer this Chapter in accordance with its literal terms, and shall not have the power to permit
any construuctio or any use or change of use which does not conform to this Chapter. [Ord. 1995-23 4. The Zoning Officer is hereby authorized to institute civil enforccemen proceedings
as a means of enforcement when acting within the scope of his employment. [Ord. 1995-21 5. The Zoning Officer or his duly authorized assistant(s1, shall have the right to enter any building
or enter upon any land at any reasonable hour as necessary in the execution of their duties, provided that: A. The Zoning Officer shall notify the owner and tenant before conducting
any inspection, B. The Zoning Officer or his duly authorized assistant(s) shall display identification signed by the Borough Council upon commencing an inspection. C. Inspections shall
be commenced in the presence of the owner or his representative or tenant. 6 . The Zoning Officer shall maintain files, open to the public, of all applications for certificates of occupancy
and building permits along with plans submitted therewith as well as final certificates and permits. 7. The Zoning Officer shall also maintain records, open to the public, of every complaint
of a violation of the provisions of this Chapter as well as action taken as a result of such complaints. 8 . The Zoning Officer shall submit to the Borough Council for insertiio in the
Council's minutes, a written report summarizing for the month all building permits and certificates of occupancy issued by him as well as complaints of violations and action taken as
a result of such complaints. (Ord. 2-80, 7/7/1980, 57.1; as amended by Ord. 1995-2, 1/3/1995) 5702. Building Permits. No building in any district shall be erecteed reconstructed or restored,
or structurally altered without a building permit duly issued upon application to the Borough. No building permit shall be issued unless the proposed construction or use is in full conformiit
with all the provisions of this Chapter. Any building permit issued in Page Added 1/3/1995 ~ ~~ -199 -
(27, 5702, cont'd) (27, 5702, cont'd) violation of the provisions of this Chapter shall be null and void and of no effect, without the necessity for any proceedings or revocations or
nullification thereof; and any work undertaken or use established pursuant to any such permit shall be unlawful. A. No building permit shall be issued for the construction or alteration
of any building upon a lot without the required minimum lot width on an ordained public street or highway. [Ord. 1995-21 B. No building permit shall be issued for a building to be used
for any variance or for any special exception in any district where such use is allowed only by approval of the applicable Borough agency unless and until such approval has been duly
granted. C. The Borough shall, within ten (10) days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is
denied, the Borough shall state in writing to the applicant the reasons for such denial. D. Every building permit shall expire if the work authorized has not commenced within three (3)
months after the date of issuance, or has not been completed within eighteen (18) months from such date for construction costing less than one million dollars ($1,000,000.00) and has
not been completed within thirty-six ( 3 6 ) months from such date for construction costing in excess of such amount. If no zoning amendments or other codes or regulations affecting
subject property have been enacted in the interim, the Borough may authorize in writing the extension of either above periods of an additional six ( 6 ) months, following which no further
work is to be undertaken without a new building permit. E. As soon as the foundation of a building or of any addition to an existing building is laid off, and before first story framing
or wall construction is begun, there shall be filed with the Borough an accurate survey signed by the person responsible for said survey, showing the exact location of such foundation
with respect to the street and property lines of the lot. (Ord. 2-80, 7/7/1980, 57.2; as amended by Ord. 1995-2, 1/3/1995) 5703. Certificate of Occupancy. 1. The following shall be unlawful
until a certificate of occupancy shall have been applied for and issued by the Borough: A. Occupancy and use of a building erected, reconstructed, restored, structurally altered, moved,
or any change in use of an existing building. B. Occupancy, use or any change in the use of any land. C. Any change in the use of nonconforming uses. 2. No certificate of occupancy shall
be issued for any special exception of a building or of land requiring special exception approval by the Zoning Hearing Board or for any land or use requiring site development -200 -Page
Added 1/3/1995
(27, 5703(2) , cont'd) (27, 5703(2), cont'd) plan approval by the Commission unless and until such special exception or site development plan approval has been duly granted. Every certificate
of occupancy for which special exception or site development plan approval has been granted or in connection with which a variance has been granted by the Zoning Hearing Board shall
contain a detailed statement of any condition to which the same is subject. 3. On a form furnished by the Borough, application for a certificate of occupancy for a new building, or for
an existing building which has been altered, shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this Chapter and
in the case of a new building shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or, engineer showing the location of
all buildings as built. 4. If the proposed use is in conformity with the provisions of this Chapter and of all other applicable codes and ordinances, a certificate of occupancy for the
use of vacant land or for a change of use by a nonconforrmin use, shall be issued by the Borough within fifteen (15) days after receipt of a properly completed application. If a certificate
of occupancy is denied, the Borough shall state the reasons in writing to the applicant. 5. A certificate of occupancy shall be deemed to authorize, and is required for both initial
occupancy and the continuance of occupancy and use of the building or land to which it applies. 6. Upon written request by the owner, and upon fee payment, the Borough shall after inspection,
issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this Chapter, certifying such use and whether or not the same and
the building conforms t o the provisions of this Chapter. 7. A record of all certificates of occupancy shall be kept by the Borough and copies shall be furnished, on request, to any
agency of the Borough or to any persons having a proprietary or tenancy interest in the building or land affected. (Ord. 2-80, 7/7/1980, 57.3) 5704. Fees. 1. The Borough Council shall
establish by resolution a schedule of fees, charges and expenses and collection procedures for zoning permits, occupancy permits, special exceptions, variances and appeals, and other
matters pertaining to this Chapter. The schedule of fees shall be posted in the office of the Zoning Officer and may be altered or amended only by the Borough Council. 2. No action shall
be taken on any application or appeal until all application fees, charges and expenses have been paid in full. (Ord. 2-80, 7/7/1980, 57.4; as amended by Ord. 5/7/1984, 510; and by -Ord.
1995-2, 1/3/1995) 5705. Causes of Action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this Chapter, the Page Added 1/3/1995 -201 -
(27, 5705, cont'd) (27, 5705, cont'd) Borough Council or, with the approval of the Borough Council, an officer of the Borough, or any aggrieved owner or tenant of real property who shows
that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action
is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least thirty (30) days prior to the time the action is begun by serving a copy of the
complaint on the Borough Council. -N2o-8 0s, u c7h/7a/c1t9i8o0n; maasy abded emda ibnyt aOirnde.d 1u9n9t5i-2l, su1c/3h/1n9o9t5i)c e has been given. (Ord. -§706. Enforcement Notice. 1.
If it appears to the Borough that a violation of this Chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.
2. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement
notices regarding that parcel, and to any other person requested in writing by the owner of record. 3. An enforcement notice shall state at least the following: whom the Borough intends
to take action. A. The name of the owner of record and any other person against B. The location of the property in violation. C. The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions of this Chapter. D. The date before which the steps for compliance must be commenced and the date before which
the steps must be completed. E. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of ten (10) days. F. That failure to comply with
the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described. (Ord. 2-80, 7/7/1980;
as added by Ord. 1995-2, 1/3/1995) 5707. Enforcement Remedies. 1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this
Chapter shall, upon being found liable therefor in
a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than five hundred ($500.00) dollars plus all court costs, including reasonable attorney fees incurred
by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the -202 -Page Added 1/3/1995 a
e .-
(27, §707(1), cont'd) (27, §707(1), cont'd) district justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation violating this Chapter to have believed that there was no such violation, in which event there shall be deemed
to have been only one (1) such violation until the fifth (5th) day following the date of the determination of a violation by the district justice and thereafter each day that a violation
continues shall constitute a separate violation. 2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final
adjudicatiio of the violation and judgment. 3. Nothing contained in this Section shall be construed or interpretee to grant to any person or entity other than the Borough the right to
commence any action for enforcement pursuant to this Section. 4. District justices shall have initial jurisdiction over proceedings brought under this Section. (Ord. 2-80, 7/7/1980;
as added by Ord. 1995-2, 1/3/1995) Page Added 1/3/1995 -203 -
Part 8 Zoning Hearing Board 5801. Zoning Hearing Board. 1. There is hereby created for the Boroug.. a Zoning Hearing Boar1 in accordance with the provisions of Article IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. 510901 -et -seq . 2. The membership of the Board shall consist of three (3) residents of the Borough appointed by resolution 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) member shall expire each year. The Board shall promptly notify the Borough Council
of any vacancies which occur. Appointtment 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. 3. 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 fifteen (15) days’ advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it
in writing. 4 . 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 not 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 proviide in this Chapter. 5 . 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. 6 . 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. (Ord. 2-80, 7/7/1980, 558.1,8.2;
as amended by (3rd. 1995-2, 1/3/1995) 5802. Hearings. The Zoning Hearing Board shall conduct hearings and made -decisions in accordance with the following requirements: 1 . Public notice
shall be given and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for the same. Written notices shall be given at such
time and in Page Added 1/3/1995 -205 -
(27, §802(1), cont'd) (27, §802(1), cont'd) such manner as shall be prescribed by rules of the Board. In addition to the written notice provided herein, written notice of said hearing
shall be conspicuously posted on the affected tract of land at least one (1) week prior to the hearing. 2. The hearing shall be held within sixty (60) days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension of time. 3. The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer.
The decision, or, where no decision is called for, the findings shall be made by the Board, however, the appellant or the applicant, as the case may be, in addition to the Borough, may,
prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final. 4 . The parties to the hearing shall
be the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted
to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that
purpose. 5. The chairman or acting chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses
and the production of relevant documents and papers, including witnesses and documents requested by the parties. 6 . The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues. 7 . Formal rules of evidence shall not apply,
but irrelevant, immateriaal or unduly repetitious evidence may be excluded. 8. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings.
The appearance fee for a stenograaphe shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered
by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall
be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof. 9. The Board or the hearing officer shall
not communicate, directly issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other
materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after
the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present. a or indirectly, with any party or his representatives in
connection with any _--206 -Page Added 1/3/1995
(27, 5802(10)) (27, 5802(10)) 10. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the
application within forty-five (45) days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by
findings of fact and conclusions based thereon together with the reasons therefor. Conclusiion based on any provisions of this Chapter or of any law, ordinance, rule or regulation shall
contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer,
and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available t o the parties within forty-five (45) days and
the parties shall be entitled t o make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than
thirty (30) days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing
within sixty (60) days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed
in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove
provided, the Board shall give public notice of the said decision within ten (10) days from the last day it could have met to render a decision in the same manner as provided in subsection
(1) of this Section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejuddic the right of any party opposing the application
to appeal the decision to a court of competent jurisdiction. 11. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant
personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing,
the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined. 12. The Borough
Council shall establish, by resolution, fees with respect to hearings before the Zoning Hearing Board. (Ord. 2-80, 7/7/1980, §8.3; as amended by Ord. 1995-2, 1/3/1995) 5803. Jurisdiction.
1. The Zoning Hearing Board shall have exclusive jurisdiction to hear A. Substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council
pursuant to 55609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. 5510609.1, 10916.1. B. Challenges to the validity of a land use ordinance
raising procedural 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 and render final adjudications in the following matters: Page Added 1/3/1995 -207 -
(27, 5803(1)(B), cont'd) (27, 5803 (1) (B) , cont ' d) the ordinance appealed from is the initial zoning ordinance of the Borough and a Zoning Hearing Board has not been previously establisheed
the appeal raising procedural questions shall be taken directly to r, court. C. Appeals from the determination of the Zoning Officer, includinng but not limited to, the granting or denial
of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or
lot. D. 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. E. Applications for variances from the terms of this Chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to 5910.2
of the MPC, 53 P.S. 510910.2. F. Applications for special exceptions under this Chapter or floodplain or flood hazard ordinance or such provision: within a land use ordinance, pursuant
to 5912.1 of the MPC, 53 P.S. 510912.1. G. 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. H. Appeals from the Zoning Officer's determination under 5916.2 of the MPC, 53 P.S. 510916.2. I. Appeals from the determination of the Zoning Officer
or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the
same relate to development not involving applications under Article V or V I 1 of the MPC, 53 P.S. 5510501 et seg., 10701 et seq. 2. The Borough Council, shall have exclusive jurisdiction
to hear and @I render final adjudications in the following matters: A. All applications for approvals of planned residential developmment under Article V I 1 of the MPC pursuant to the
provisions of 5702 of the MPC, 53 P.S. 510702. B. All applications pursuant to 5508 of the MPC, 53 P.S. 510508, for approval of subdivisions or land developments under Article V of the
MPC, 53 P.S. 510501 et seq. C. Applications for conditional use under the express provisions of this Chapter. D. Applications for curative amendment to this Chapter or pursuant to 55609.1
and 916.l(a) of the MPC, 53 P.S. 5510609.1, 10916.l(a). E. All petitions for amendments to land use ordinances, pursuant to the procedures set forth in 5609 of the MPC, 53 P.S. 510609.
_L 0 -208 -Page Added 1/3/1995
F. 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 sedimentation
and erosion control and storm water management insofar as the same relate to applications for land development under Articles V and VI1 of the MPC, 53 P.S. 5510501 et seq., 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
applicatiion in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission and a11 appeals from the decision of the Planning Commission
shall be to court. (Ord. 2-80, 7/7/1980, 58.4; as amended by Ord. 1995-2, 1/3/1995) 5804. Variances. 1. The Zoning Hearing Board shall hear requests for variances where it is alleged
that the provisions of this Chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to
the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case: A. That there are unique physical circumstances
or conditions, including irregularity, narrowness, or shallowness of l o t size or shape, or exceptional topographical or other physical conditions peculiar to the particular property
and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Chapter in the neighborhooo or district
in which the property is located. B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the
provisions of this Chapter and that the authorizatiio of a variance is therefore necessary to enable the reasonable use of the property. C. That such unnecessary hardship has not been
created by the applicant. D. That the variance, if authorized, will not alter the essentiia character of the neighborhood or district in which the property is located, nor substantially
or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. E. That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modificattio possible of the regulation in issue. Page Added 1/3/1995 -209 -
I (27, §804(2)) (27, §804(2)) 2. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpoose of this Chapter
and the Pennsylvania Municipalities Planning Code, 53 P.S. §lo101 et seq. (Ord. 2-80, 7/7/1980, 18.4; as amended by Ord. 1995-2, 1/3/1995) i 1805. Special Exceptions. ' Where the Borough
Council, in this Chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide
requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards,
in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. §lo101 et
seg. (Ord. 2-80, 7/7/1980, §2.-4; as amended by Ord. 1995-2, 1/3/1995) -1806. Time Limitations. 1. No person shall be allowed to file any proceeding with the Zoning Hearing Board later
than thirty (30) days after an application for developmeent preliminary or final, has been approved by the Borough if such proceeding is designed to secure reversal or to limit the approval
in any manner unless such person alleges and proves that he had no notice, knowleedg 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 tentatiiv approval. 2. All appeals from determinations adverse to the landowner
shall be filed by the landowner within thirty (30) days after notice of the determinattio is issued. (Ord. 2-80, 7/7/1980, 18.5; as amended by Ord. 1995-2, 1/3/1995) §807. Stay of Proceedings.
1. Upon filing of any appeal proceeding before the Zoning Hearing Board and during its pendency before the Board, all 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 -c e -210 -Page Added 1/3/199
5 (27, 5807(1), cont'd) (27, 5807(1), cont'd) been duly approved and proceedings designed to reverse or limit the approvaa 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 to continuing the proceedinng before the Board. After the
petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall
be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court 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 revoked by him if an appeal
is taken from a final decision of the court. 3. The question whether or not such petition should be 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. 4. 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, shall be liable for all reasonable costs,
expenses and attorney fees incurred by the petitioner. 2. (Ord. 2-80, 7/7/1980, 58.6; as amended by Ord. 1995-2, 1/3/1995) 5808. Parties Appellant Before the Board. Appeals raising the
substantive validity of any land use ordinance (except those to be brought before the Borough Council pursuant to the Pennsilvania Municipalities Code, 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 failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal t o register any 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; from
the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and
storm water management insofar as the same relate to development not involving subdivision and land development or planned residential developmeen may be filed with the Zoning Hearing
Board in writing by the landowner affected, any officer or agency of the Borough, or any person aggrieved. Requests 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. (Ord. 2-80, 7/7/1980, 58.4; as amended by Ord. 1995-2, 1/3/1995) Page Added 1/3/1995 -211 -
(27, 5901) (27, 5901) Part 9 Planning Commission 5901. Compliance. Nothing in this Chapter shall relieve the owner or his agent, the developer, or the applicant for either a special
exception permit or a site development plan approval from receiving a subdivision plan approval in accordance with the Borough Subdivision Ordinance [Chapter 221, if any. (Ord. 2-80,
7/7/1980, 59.1) 5902. Approval of Site Development Plans. In all cases where this Chapter requires approval of site development plans by the Commission, no building permit shall be issued
except upon authorization of and in conforrmit with the plans approved by the Commission. 1. Objectives. In considering and acting upon site development plans the Commission shall take
into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may
prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the express intent of this Chapter
and the accomplishment of the following objectives in particular: A. Traffic Access. That all proposed traffic access and ways are adequate but not excessive in number; adequate in width,
grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations. B. Circulation and Parking. That adequate
off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any person connected with or visiting the use and that the interior circulation
system is adequate to provide safe accessibillit to all required off-street parking lots. C. Landscaping and Screening. That all playground, parking and service areas are reasonably
screened all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in
the neighborhood. Existing trees over four ( 4 ) inches in diameter measured four and one-half (4-1/2) feet above the average ground level shall be retained to the maximum extent possible.
[Ord. 1995-21 D. Illumination. The lighting from the installation of outdoor flood or spot lighting and illuminated signs will be properly shielded so that such lighting will not adversely
affect any abutting property or public street. 2. Procedure. A. Pre-Submission Conference. Prior to the submission of a site development plan, the applicant shall meet in person with
the Commissiion The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site developmeen plan elements listed in 5902(4) shall
be submitted to the Commisssio in order for said Commission to determine conformity with the provisions and intent of this Chapter. Page Added 1/3/1995 -213 -
B. Submission to Commission. Within three (3) months following the pre-submission conference, the site development plan and any related information shall be submitted to the Commission
in four (4) copies at least thirty (30) days prior to the Commission meeting at which approval is requested. If not submitted within this three (3) months period another pre-submission
compliance shall be required. C. Referral to the County Planning and Zoning Commission. Should any site development plan constitute a subdivision or land development plan subject to
the Subdivision and Land Developmeen Ordinance [Chapter 223, the procedures in said Ordinance concerniin review of said plan by the County Planning Commission shall then be applicable.
[Ord. 1995-21 D. Commission Action. The Commission shall act to approve, modify and approve, or disapprove any such site development plan within sixty (60) days after the meeting at
which approval is requesteed Failure to act within sixty (60) days shall be deemed approval, Commission Commission disapproval shall include written findings upon any site development
plan element found contrary to the provisions or intent of this Chapter. E. Conditions and Safeguards. upon in the same manner as the approval of the original plan, periodically reviewed.
(1) Amendments to a site development plan shall be acted (2) The Commission may require that site plan approval be 3. Effect of Site Development Plan Approval. A. No building permit
shall be issued for any structure covered by this Section until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Commission.
B. No certificate of occupancy will be issued for any structure or use of land covered by this Section unless the structure is compleete or the land is developed or used in accordance
with an approved site development plan or approved amendment of any such plan. 4. Site Development Plan Elements. The applicant shall cause a site development plan map to be prepared
by a civil engineer, surveyor, land planner, architect, or other competent person. Site development plan elements shall include those listed below which are appropriate to the proposed
development or use as indicated by the Commission in the pre-submisssio conference: A. Legal Data. (1) Lot, block and section number of the property taken (2) Name and address of the
owner of record. (3) Name and address of person, firm, or organization (4) Date, north point, and written and graphic scale. from the latest tax records. preparing map. -214 -Page Added
1/3/1995
(27, §902(4)(A), cont'd) (27, §902(4)
(A), cont'd) (5) Sufficient description of information to define precissel the boundaries of the property. All distances shall be in feet and hundredths of a foot. All angles shall
be given to the nearest ten (10) seconds or closer. The error of closure shall not exceed one (1) in five thousand (5,000). (6) The locations, names, and existing widths of adjacent
streets and curb lines. (7) The locations and owners of all adjoining lands as shown on the latest tax records. ( 8 ) Location, width, and purpose of all existing and proposed easements,
setbacks, reservations, and areas dedicated to public use within or adjoining the property. (9) A complete outline of existing deed restrictions or covenants applying to the property.
(10) Existing zoning. B. Natural Features. (1) Existing contours with intervals of five (5) feet or less, referred to a datum satisfactory to the Commission. (2) Approximate boundaries
of any area subject to flooding or storm water overflows. (3) Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of four(4) inches
or more, measured four and one-half (4-1/2) feet above the average ground level, and other significant existing features. [Ord. 1995-21 (4) Soil percolation test results as required
by the Commission. (5) Detailed soil survey map as required by the Commission. C. Existing Structures and Utilities on and Within Two Hundred (1) Location of uses and outlines of structures
drawn to (2) Paved areas, sidewalks, and vehicular access. (3) Locations, dimensions, grades, and flow direction of existing sewers, culverts, water lines as well as other undergrooun
and aboveground utilities within and adjacent to the property. (4) Other existing development, including fences, landscapping and screening. (200) Feet of the Site. scale. D. Proposed
Development. (1) The location of proposed buildings or structural (2) The location and design of all uses not requiring improvements. structures such as off-street parking and loading
areas. Page Added 1/3/1995 -215 -
(27, §902(4) (D), cont'd) (27, §902(4) (D), cont'd) o ! (3) The location, direction, power and time of use for any proposed outdoor lighting or public address systems. (4) The location
and plans for any outdoor signs. (5) The location and arrangement of proposed means of access and egress, including sidewalks, driveways, or other paved areas. Profiles indicating grading
and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines. ( 6 ) Any proposed grading, screening, and other landscaping
including types and locations of proposed street trees. (7) The location of all proposed water lines, valves and hydrants, and of all sewer lines and manholes or alternate means of water
supply and distribution and sewage disposal and treatmeent (8) An outline of any proposed deed restrictions or coven-(9) Any contemplated public improvements on or adjoining the property.
(10) If the site development plan only indicates a first stage, a supplementary plan shall indicate ultimate development. E. Any other information deemed by the Commission necessary
to determine conformity of the site plan with the intent and regulations of this Chapter. (Ord. 2-80, 7/7/1980, 59.2; as amended by Ord. 5/7/1984, 16; and by -Ord. ants. a 1995-2, 1/3/1995)
-216 -Page Added 1/3/1995 ~
(27, 51001) (27, 5lOOl) Part 10 Amendments 51001. Amendments. 1. Amendments to this Chapter shall become effective only after a public hearing held pursuant to public notice. A brief
summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Borough where copies of the proposed amendment may be secured or examined
shall be incorporated in the public notice. Unless the proposed amendment shall have been prepared by the Planning Commission, the Borough Council shall submit the amendment to the Planning
Commission at least thirty (30) days prior to the hearing on such amendment to provide the Planning Commission an opportunity to submit recommendations. In addition, at least thirty
(30) days prior to the public hearing on the amendment, the Borough shall submit the proposed amendment to the County planning agency for recommendations. 2. Within thirty (30) days
after adoption, the Borough Council shall forward a certified copy of the amendment to the County planning agency. 3. Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this Section, and shall include the time and place of the meeting at which passage will be considerred a reference to a place within the
Borough where copies of the proposee amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed
amendment once in a newspaper of general circulation in the Borough not more than sixty (60) days nor less than seven (7) days prior to passage. Publication of the proposed amendment
shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full
text is not included: A. A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published. B. An attested copy of the
proposed amendment shall be filed in the County law library (or other County office designated by the County Commissioners). 4. In the event substantial amendments are made in the proposed
amendment, before voting upon enactment, the Borough Council shall, at least ten (10) days prior to enactment, readvertise, in one (1) newspaper of general circulation in the Borough,
a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendmennts (Ord. 2-80, 7/7/1980, 510.1; as amended by Ord. 1995-2, 1/3/1995) 51002.
Enactment of Zoning Ordinance Amendments. 1. The Borough Council may from time to time amend, supplement, or repeal any of the regulations and provisions of this Chapter. The proceduur
for the preparation of a proposed zoning ordinance as set forth in 1607 of the Pennsylvania Municipalities Planning Code, 53 P.S. 510607, is hereby declared optional. Page Added 1/3/1995
-217 -
(27, 51002(2)) (27, 51002(2)) 2. Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. In addition, if the
proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the perimeter
of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one (1) week prior to the date of the hearing. 3. In the case of an amendment
other than that prepared by the Planning Commission the Borough Council shall submit each such amendment to the Planning Commission at least thirty (30) days prior to the hearing on
such proposed amendment to provide the Planning Commission an opporttunit to submit recommendations. 4 . If, after any public hearing held upon an amendment, the proposed amendment is
changed substantially, or is revised, to include land previoousl not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment. 5. At least thirty (30) days prior to the public hearing on the amendment by the Borough Council, the Borough shall submit the proposed amendment to the county
planning agency for recommendations. 6. Within thirty (30) days after enactment, a copy of the amendment to this Chapter shall be forwarded to the county planning agency. (Ord. 2-80,
7/7/1980; as added by Ord. 1995-2, 1/3/1995) 51003. Procedure for Landowner Curative Amendments. 1. A landowner who desires to challenge on substantive grounds the validity of this Chapter
or the Zoning Map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council
with a written request that his challenge and proposed amendment be heard and decided as provided in 5916.1 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S.
510916.1. The curative amendment and challenge shall be referred to the Planning Commission and the county planniin agency as provided in 5609 and notice of the hearing thereon shall
be given as provided in 55610 and 916.1 of the MPC, 53 P.S. 5510609, 10610, and 10916.1. 2. The hearing shall be conducted in accordance with 5908 of the MPC, 53 P.S. 510908, and all
references therein to the Zoning Hearing Board shall, for purposes of this Section be references to the Borough Council. If the Borough does not accept a landowner's curative amendment
brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this
entire Chapter and Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge. 3. The Borough Council, if it determines that
a validity challenge has merit, may accept a landowner's curative amendment, with or without -218 -Page Added Added 1/3/1995 ~~ ~
(27, 51003(3), cont'd) (27, 51003(3), cont'd) revision, or may adopt an alternative amendment which will cure the challennge defects. The Borough Council shall consider the curative
amendmennts plans and explanatory material submitted by the landowner and shall also consider: A. The impact of the proposal upon roads, sewer facilities, water supplies, schools and
other public service facilities; B. If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing
housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this Chapter or Zoning Map. C. The suitability
of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifeers natural resources and other natural features; D. The impact of
the proposed use on the site's soils, slopes, woodlands, wetlands, flood plains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmentta impacts; and E. The impact of the proposal on the preservation of agriculture and other land uses which are essential to
public health and welfare. (Ord. 2-80, 7/7/1980, 510.2; as amended by Ord. 1995-2, 1/3/1995) 51004. Procedure for Borough Curative Amendments. 1. If the Borough determines that this
Chapter, or any portion A. The Borough shall declare by formal action, this Chapter or portions hereof substantially invalid and propose to prepare a curatiiv amendment to overcome such
invalidity. Within thirty (30) days such declaration and proposal the Borough Council shall: (1) By resolution make specific findings setting forth the (a) References to specific uses
which are either not (b) Reference to a class of use or uses which requires hereof, is substantially invalid, it shall take the following actions: declared invalidity of this Chapter
which may include: permitted or not permitted in sufficient quantity; revision; or, (c) Reference to this entire Chapter which requires revisions. (2) Begin to prepare and consider a
curative amendment to 2. Within one hundred eighty (180) days from the date of the declaratiio and proposal, the Borough shall enact a curative amendment to validaate or reaffirm the
validity of, this Chapter pursuant to the provisions of 5609 of the Pennsylvania Municipalities Planning Code (hereinafter "MF'C"), 53 P.S. §10609, in order to cure the declared invalidity
of this Chapter. this Chapter to correct the declared invalidity. Page Added 1/3/1995 -219 -
(27, 11004(3)) (27, §1004(3)) 3. Upon the initiation of the procedures as set forth in subsection (11, the Borough Council shall not be required to entertain or consider any landowner's
curative amendment filed under §609.1 of the MPC, 53 P.S. §10609.1, nor shall the Zoning Hearing Board be required to give a report requested under 11909.1 or 916.1 of the MPC, 53 P.S.
§§10909.1, 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by subsection (
l ) ( A ) . Upon completion of the procedures set forth in subsectiion (1) and (2), no rights to a cure pursuant to the provisions of 18609.1 and 916.1 of the MPC, 53 P.S. §§10609.1,
10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this Chapter for which there has been a curative
amendment pursuant to this Section. 4 . The Borough, having utilized the procedures set forth in this Section, may not again utilize said procedure for a period of thirty-six (36) months
following the date of enactment of a curative amendment, or reaffirmation of the validity of this Chapter; Provided, however, if after the date of declaration and proposal there is a
substantially new duty imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Borough may utilize the provisiion of this
Section to propose a curative amendment to this Chapter to fulfill said duty or obligation. (Ord. 2-80, 7/7/1980; as added by Ord. 1995-2, 1/3/1995) -220 -Page Added 1/3/1995 ~-~
(27, 51101) (27, 51101) Part 11 Definitions 51101. Definitions. Unless otherwise expressly stated, the following A. Words in the singular include the plural and those in the B. Words
used in the present tense include the future tense. C. The words "person" and "owner" include a corporation, unincorpoorate association and a partnership, or other legal entity, as well
as an individual. D. The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged, or designed to be occupied or
used." The word "building" includes structure and shall be construed as if followed by the phrase ''or part thereof." The word "lot" includes the word "plot." terms shall, for the purpose
of this Chapter, have the meaning indicated: plural include the singular. E. F. G. The word "watercourse" includes channel, creek, ditch, dry run, spring, stream and river. H. The words
"should" and "may" are permissive; the words 'lshalllaln d "will" are mandatory and directive. I. The word "erect" shall mean to build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any structure or building and shall also include the painting of exterior wall signs. (Ord. 2-80, 7/7/1980, 511.1) 51102. Specific Terms. Other
terms or words used herein shall be interpreted or defined as follows: ACCESSORY -a building or use clearly incidental or subordinate to, and customary in connection with, and located
on the same lot with the principal building or use. ADULT BOOK STORE -any commercial establishment having as a substanntia or significant portion of its stock-in-trade, including but
not limited to, books, magazines, periodicals, visual representations or writings, distinguished or characterized by emphasis on matter depicting, describing or related to specified
anatomical areas or to specified sexual activities, or an establishment with a segment or section devoted to the sale or display of such materials. ADULT CABARET -any commercial establishment
substantially engaged in the presentation of sexual conduct or specified sexual activities as defined in this Chapter, or any establishment which has a segment or section devoted to
these presentations. Page Added 1/3/1995 -221 -
(27, 51102, cont'd) ADULT MOTION PICTURE THEATER -(27, 51102, cont'd) I tab lishment subs tantiaall engaged in showing obscene films or films commonly denoted as "adult ny commercial
films," or an establishment with a segment or section devoted to the -1 showing of obscene or "adult films .'I ADVERTISEMENT -the outdoor display of any writing, printing, picture, painting,
emblem, drawing, sign or similar device intended to invite or draw the attention to the public to any goods, merchandise, property, business, service, entertainment, amusement or industrial
activity or establishment. ADVERTISING STRUCTURE -any rigid or semi-rigid material with or without advertisement displayed thereon situated upon or attached to or which is part of real
property for the purpose of furnishing a background, base surface or support upon which an advertisement may be posted or displayed outdoors. ALLEY -see "street . I 1 ANIMAL HUSBANDRY
-the raising and keeping of livestock and poultry, with the intent of producing capital gain, or profit or with the intent of selling any livestock or poultry products. The keeping of
livestock or poultry as farm pets, or for domestic purpose pursuant to the regulations of this Chapter shall not be construed as animal husbandry. APPLICANT -a landowner or developer,
as hereinafter defined, who has filed an application for development including-his heirs, successors and a assigns. ford. 1995-21 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 subdivision plat or plan or for the approval of a development plan. [Ord. 1995-21 BASEMENT -a story in a building, the structural ceiling level of which is four ( 4
) feet or more above average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below finished
grade grade at any point on the periphery of the building. BLOCK -an area bounded by three (3) or more streets. BOARD -any body granted jurisdiction under a land use ordinance or under
this Chapter to render final adjudications. [Ord. 1995-21 BOARDING or LODGING HOUSE -a private dwelling in which at least two (2) but not more than six ( 6 ) rooms are offered for rent,
payable in money or other consideration, whether or not table board is furnished to lodgers, maintained. and in which no transients are accommodated and no public restaurant is _e BOROUGH
-The Borough of Greencastle, Franklin County, Commonwealth of Pennsylvania. BUFFER STRIP -a strip of land at least ten (10) feet in width which may be part of the minimum setback distance,
free of any principal or accessory building or required improvement other than screening. -222 -Page Added 1/3/1995
(27, 11102, cont'd) (27, 11102, cont'd) BUILDING -any combination of materials forming any construction, except where entirely underground, so as to permit the use of the ground above
same as if no building was present; the term "building" shall include the term "structure" as well as the following: A. Signs. B. Fences. C. Walls, other than retaining walls, projecting
above the ground not more than three (3) feet at the higher ground level and not more than six and one-half (6-1/2) feet at the lower ground level. D. Radio and television receiving
and transmitting towers, except for such antennae installed on the roof of a "building" and extending not more than twenty (20) feet above the highest level of the roof of such "building
.I1 E. Porches, outdoor bins and other similar "structures." BUILDING AREA -the horizontal area measured around the outside of the foundation walls plus the floors of roofed porches
and roofed terraces, and including the area of accessory buildings if any. In the case of s p l i t --level dwellings, the ''first floor area" shall be deemed to include floor areas
on two (2) non-over-lapping levels, separated by a half-story, or less, of height. BUILDING, FACE OF or FRONT OF -the outer surface of a building, which is visible from any private or
public street or highway. BUILDING HEIGHT -the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof
for flat and mansard roofs, and to the mean height between eave and ridge for other types of roofs. BUILDING, PRINCIPAL -a building in which is conducted the main or principal use of
the lot on which said building is located. BUILDING SETBACK LINE -the line within a property defining the minimum required distance between the principal building to be erected, and
an adjacent street right-of-way. BUSINESS -any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term tlbusinesslslh all include
the occupancy or use use of a building or premises or any portion thereof for the transaction of business or the rendering or receiving of professional or personal service. CARTWAY (ROADWAY)
-the paved portion of a street right-of-way intendee for vehicular use. [Ord. 1995-21 CELLAR -any space in a building the structural ceiling level of which is less than four ( 4 ) feet
above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible
number of stories. CLEAR SIGHT TRIANGLE -an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of
the street center line. Page Added 1/3/1995 -223 -
(27, §1102, cont'd) (27, 11102, cont'd) CLUSTER DEVELOPMENT -a tract of land and/or buildings planned as a whole for development of single-family dwelling units. Said development shall
permit a reduction of the lot size while at the same time maintaining the overall density requirements applicable to the district in which said land is situated and conforming to all
other applicable requirements. COMMERCIAL RESORTS -a business combining lodging, eating and recrea-COMMISSION -The Borough Planning Commission. 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. [Ord. 1995-21 COMPREHENSIVE PLAN -a comprehensive plan prepared by the Borough Planning Commission pursuant
to Article I11 of the Pennsylvania Municipalities Planning Code and adopted by the Council which indicates the general locations recommended for the various functional classes of public
works, places and structures and for the general physical development of the Borough, and includes any unit or part of such plan separately adopted and any amendment to such plan or
part thereof. [Ord. 1995-21 tional facilities as a single enterprise and offered to the public. COUNCIL -the Greencastle Borough Council. COUNTY -the County of Franklin, Commonwealth
of Pennsylvania. COURT, INNER -an open space enclosed on all sides by exterior walls of a building. COURT, OUTER -an open space enclosed on three (3) sides by exterior walls of a building.
COURT, OUTER, DEPTH OF -the linear average dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, OUTER, WIDTH OF -the linear dimension of the
unenclosed side of the court. CROP FARMING -the raising and keeping of field, truck and tree crops. For the purposes of this Chapter the term "crop farming" does not include animal husbandry.
CROSSWALK (INTERIOR WALK) -a publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street or to a public recreation
area. CURB LEVEL -the officially established grade of the curb in front of the mid-point of the lot. [Ord. 1995-21 DECISION -final adjudication of any 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 Borough lies. [Ord. 1995-21 -224 -Page Added 1/3/1995
(27, 51102, cont'd) (27, 51102, cont'd) DEDICATION -the deliberate appropriation of land by its owner for any general and public or limited public use, reserving to himself no other
rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. DETERMINATION -final action by an officer, body or
agency charged with the administration of any land use ordinance or applications thereundder except the following: A. The Borough Council; B. The Zoning Hearing Board; or, C. The Planning
Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealabbl only to the boards designated as having jurisdiction for such appeal. [Ord. 1995-21 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. [Ord. 1995-21 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 development plan" when used in this Chapter shall
mean the written and graphic materiaal referred to in this definition. [Ord. 1995-21 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. A travel trailer, a boarding or rooming house, convalescent
home, fraternity or sorority house, hotel, motel, inn, nursing or other similar home, or other similar structure shall not be deemed to constitute a dwelling. [Ord. 1995-21 DWELLING,
MULTI-FAMILY -a building used by three (3) or more families living independently of each other and doing their own cooking including, for example, apartment house, rowhouse or townhouse.
[Ord. 1995-21 DWELLING, SINGLE-FAMILY DETACHED (EXAMPLE: HOUSE) -a dwelling used by one (1) family, having only one (1) dwelling unit and having two (2) side yards. [Ord. 1995-21 DWELLING,
SINGLE-FAMILY ATTACHED (EXAMPLE: TOWNHOUSE) -a dwelling used by one (1) family and having two (2) party walls in common with another dwelling unit, except for end units which have one
(1) party wall. [Ord. 1995-21 DWELLING, SINGLE-FAMILY SEMI-DETACHED (EXAMPLE: DUPLEX) -a dwelling used by one (1) family, having one (1) side yard, and one (1) party wall in common with
another dwelling unit. [Ord. 1995-21 Page Added 1/3/1995 -225 -
(27, 51102, cont'd) (27, 51102, cont'd) DWELLING, TWO-FAMILY DETACHED (EXAMPLE: DOUBLE HOUSE) -a dwelling used by two (2) families, with one (1) dwelling unit arranged over the other
and having two (2) side yards. [Ord. 1995-21 DWELLING UNIT -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. [Ord. 1995-21 EASEMENT -the authorization by a property owner or authorized agency of a right-of-way granted, but not dedicated, for limited use of private
land for a public or quasi-public purpose; and within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the
land which is not inconsistent with the rights of the grantee. ENDORSEMENT -the application of a public agency or body's review stamp and the signature of the chairman or official of
said public agency or body. ESSENTIAL SERVICES -the erection, construction, alteration, maintenaance 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, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police call boxes, traffic light signals, hydrants, sanitary landfills, incinerator waste 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 governmental agencies or private corporatiion
under contract to a municipality including firehouses or fire companies and agencies or emergency services under agreement with the municipality or for the public health or safety or
general welfare. [-Ord. 1995-2 1 FAMILY -one (1) or more persons occupying a dwelling unit as a single non-profit housekeeping unit. More than five (5) persons, exclusive of domestic
servants, not related by blood, marriage, or adoption, shall not be considered to constitute a family. FLOOR AREA -the sum of the gross horizontal areas of the several floors of the
building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, excluding cellar and basement area
used only for storage and the operation and maintenance of the building. FLOOR AREA, LIVABLE -all spaces within the exterior walls of a dwelling unit exclusive of garages, breezeways,
unheated porches, cellars, heater rooms, and basements having a window area of less than ten (10) percent of the square foot area of the room. Livable floor area shall include all spaces
not otherwise excluded above such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space
having a clear height of six ( 6 ) feet from finished floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level
over fifty (50) percent of the area of such attic space. -226 -Page Added 1/3/1995
(27, 51102, cont'd) (27, 11102, cont'd) FLOOR AREA RATIO -the floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. GARAGE, PRIVATE -an
accessory garage maintained primarily for the convenience of the occupant or occupants of the main building and in which no business or other use is carried on and no service is rendered
to the general public. GARAGE, PUBLIC -any garage other than a private garage. A public garage may include servicing, repairs, washing, or reconditioning of motor vehicles, and filling
station facilities. HABITABLE FLOOR AREA -a "living room" within a dwelling unit, except that for the purpose of determining lot area requirements, a habitable room shall not include
any of the following: A. Kitchen. B. Foyers, bathrooms, toilets, public or private halls, corriddor or passageways. C. Dining alcoves, dinnettes or other dining spaces (without limit
as to size) when not separated by walls, doors from other habitable rooms or cooking spaces. (As a guide, an efficiency apartment contains one (1) habitable room; a one (1) bedroom apartment,
two (2) habitable rooms; a two (2) bedroom apartmeent three (3) habitable rooms; and a three (3) bedroom apartment four ( 4 ) habitable rooms.) HEALTH CLUB or HEALTH SPA -any premises
which offers its subscribers or members the opportunity to engage in a program of physical exercise or conditioning on a regular or irregular basis. HEARING -an administrative proceeding
conducted by the Zoning Hearing Board of the Borough of Greencastle pursuant to Part 8. HIGHWAY -see "street ." HOMES ASSOCIATION -an incorporated non-profit organization operating under
recorded land agreements through which (a) each lot and/or home owner in a cluster development or other described land area is automatically a member, (b) each lot is automatically subject
to a charge for a proportionaat share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge, if unpaid, becomes a lien against
the property. HOME OCCUPATION -an occupation conducted in a dwelling unit or an accessory structure provided that: A. Not more than two (2) persons other than members of the family residing
on the premises shall be engaged in such occupation. B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than thirty (30) percent of the ground floor area of the dwelling unit shall be used in the conduct of the home occupation. [Ord. 1995-21 Page Added 1/3/1995
-227 -
(27, P1102, cont'd) (27, 51102, cont'd) C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation
other than one (1) professional or announcement sign r pursuant to the provisions of §507. D. No traffic shall be generated by such home occupation in greater volume 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.
E. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the
premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or televissio receivers off the premises,
or causes fluctuation in line voltage off the premises. HOME, SECTIONAL -a dwelling unit manufactured in two (2) or more sections designed for permanent occupancy, and transported to
a building site in sections which are fastened together and mounted on a permanent foundation ready for occupancy except for minor and incidental unpacking and assembly operations. When
fully assembled such unit shall have a minimum body width of twenty (20) feet and a minimum length of forty-five (45) feet exclusive of such accessory structures as patio, carport, storage
c shed, etc. a HOSPITAL -a building used for the diagnosis, treatment, or other care of human ailments. Unless otherwise specified, a hospital shall be deemed to include a sanitarium,
sanitorium, clinic, convalescent homC, nursing home, rest home, or other building with an equivalent appellation. HOTEL -a building or part thereof which has a common entrance, common
heating system, and general dining room, and which contains six ( 6 ) or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation.
A hotel is not a motel. [Ord. 1995-21 HOUSE TRAILER -see "mobile home." JUNK -any discarded material or article including, but not limited to, scrap metal, scrapped, abandoned or junked
motor vehicles, machinery, equipment, paper, glass, containers, and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt
disposal. JUNKYARD -any place where any junk as defined above is stored, disposed of, or accumulated. LAND DEVELOPMENT -any of the following activities: .= A. The improvement of one
(1) lot or two (2) or more contiguous (1) A group of two (2) or more residential or nonresidentiia buildings, whether proposed initially or cumulatively, or a single nonresidential building
on a lot or lots regardless of the number of occupants or tenure; or, lots, tracts or parcels of land for any purpose involving: -228 -Page Added 1/3/1995
(27, §1102, cont'd) ( 2 7 , 11102, cont'd) (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. B. A subdivision of land. C. "Land development" does
not include development which in-(1) The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than three (3) residential units,
unless such units are intended to be a condominium; (2) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building;
or, (3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusemeen
park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusemeen
park until initial plans for the expanded area have been approved by the proper authorities. volves: Ford. 1995-21 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 leesee if he is authorized under the lease to exercise the rights
of the landowner or other person having a proprietary interest in land. [Ord. 1995-21 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. [Ord. 1995-21 LOT AREA -the area contained within the property lines of a lot (as shown on the plat), excluding space within
all streets and within all permanent drainage easements, but including the areas of all other easemennts LOT, CORNER -a lot at the junction of and abutting on two (2) or more intersecting
streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees. A lot abutting a curved street shall be deemed a corner lot if the tangents to
the curve at the points of intersection of the side lot lines with the street lines interseec at an interior angle of less than one hundred thirty-five (135) degrees. LOT, COVERAGE -the
percentage of the "lot area" that is occupied by the "building area. I' LOT, INTERIOR -any lot other than a corner lot. LOT LINE -any boundary of a lot. Page Added 1/3/1995 -229 -
(27, 51102, cont'd) (27, 51102, cont'd) LOT LINE, FRONT -that boundary of a lot which is along an existing or proposed street right-of-way. Corner lots and through lots shall have two
(2) front lot lines. LOT LINE, REAR -the lot line generally opposite to the front lot line; if the rear lot line is less than ten (10) feet in length, or if the lot comes to a point
in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than ten (10) feet long lying farthest from the front lot line. LOT LINE, SIDE -any
boundary of a lot which is not a front or a rear LOT, THROUGH -a lot extending between and having frontage on two (2) generally parallel streets. LOT WIDTH -the average horizontal distance
between the side lot lines , measured along the building setback line and parallel to the front lot line. MASSAGE -any method of treating superficial soft parts of the human body for
remedial, hygenic or other purposes, consisting of rubbing, stroking, kneading or any similar treatment accomplished by hand or by the use of any instrument. (Note: this definition shall
not include the treatment of any person which is based upon the signed order of a licensed physician, osteopath, chiropractor or registered physical therapist). MASSAGE PARLOR -any establishment,
building or structure, or portion thereof, located within the Borough which is open to members of the general public, with or without the payment of a fee, at which any person, firm,
association or corporation engages in or carries on the practice of massaage MAIN FLOOR -the largest area found by the projection of a horizontal plan through the livable floor area
which is enclosed by the exterior walls of the building. MANUFACTURING -any process whereby the nature, size, or shape of articles or raw materials are changed, or where articles are
assembled or packaged. MEMBERSHIP CLUB AND CAMP -buildings for lodging, eating, and sanitary facilities, and land owned, leased, or used principally by a private, fraternal, or social
organization for such activities as hunting, fishing, scouting, etc. 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. [Ord. 1995-21 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. [Ord. 1995-21 lot line. -230
-Page Added 1/3/1995
(27, 11102, cont'd) (27, 11102, cont'd) 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. [Ord. 1995-21 MODEL STUDIO -any premises on which there is conducted the business of furnishing figure models who pose in the nude for
the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for persons who pay a fee, or other
consideration or compensation, or a gratuity for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for
remaining upon the premises. MOTEL -a building, or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with either direct outside
access or common entrance, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term motel includes buildings designed
as tourist courts, motor lodges, auto courts and other similar appellations, but shall not be construed to include mobile homes or travel trailers. A motel is not a hotel. [Ord. 1995-21
MUNICIPAL AUTHORITY -a body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945." [Ord. 1995-21 MUNICIPALITY
-includes cities, boroughs, first class townships and second class townships. MULTIPLE OCCUPANCY BUILDINGS -a building used for more than one (1) commercial use or combination commercial-residential
use. NATURAL AREA -any area along the one (1) side of a rural highway where the distance between two (2) commercial structures, establishments or uses is one (1) measured mile or more,
or any area o'f historic or scenic value so designated by an appropriate indication upon the official zoning map which is a part of this Chapter. 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. [Ord. 1995-2) NONCONFORMING STRUCTURE -a structure or part of a structure manifestll not designed to comply with the use or extent of use provisions of
this Chapter or amendment heretofore or hereafter 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 limited to, nonconforming signs. [Ord. 1995-21 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 this Chapter or amendment to its location by reason of annexation. [Ord. 1995-21 Page
Added 1/3/1995 -231 -
(27, 11102, cont'd) (27, 11102, cont'd) I OBSCENE or ADULT FILM -any film or motion picture which (1) the average person applying contemporary community standards would find, when considered
as a whole, that the subject matter appeals to the prurient interest; (2) the subject matter depicts, or describes i n a patently offensive way, sexual conduct, specified anatomical
areas, or specified sexual activities, of a type described in this Chapter; and (3) the subject -matter, taken as a whole, lacks serious literary, artistic, political, educational or
scientific value. OFFICIAL MAP -the map established by the Borough Council under Article IV of the Pennsylvania Municipalities Planning Code showing the location and width of streets,
highways, parkways, public parks, and playgrounds. PARKING AREA -a lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges
in money or other consideration. PARKING SPACE -a staff or berth which is arranged and intended for parking of one (1) motor vehicle in a garage or parking area. PARKING, STORAGE OR
USE OF RECREATIONAL VEHICLES -A. No recreational vehicle shall be parked or stored on any lot in any residential district except in a carport or enclosed building, or in the rear yard,
excluding any applicable rear yard setback lines. Provided, however, that such recreational vehicle may be parked anywhere on the premises for a time not to exceed twenty-four ( 2 4
) hours during loading or unloading. No recreational vehicle shall be parked or stored on a public street or highway for any period exceeding twenty-four ( 2 4 ) hours. C. No recreational
vehicle shall be used for purposes of living, sleeping, human habitation or housekeeping purposes at any time regardless of where parked or stored. Provided, however, that a recreational
vehicle owner by visitors of the residents of the dwelliin situate on the residential lot may park and use the recreational vehicle for living and sleeping purposes as follows: (1) The
visitor's recreational vehicle shall be parked on (2) Any singular period of such use shall not exceed seven (3) The combination of all periods of such use shall not a B. the residential
lot. (7) consecutive calendar days. exceed a total of fourteen (14) calendar days per year. [Ord. 1995-21 PERMANENT OCCUPANCY -spending one (1) night or more per month in a lodging or
dwelling unit during more than four ( 4 ) consecutive months. PLANNED DEVELOPMENT -a tract of land under single ownership or agreement, planned and developed as a permanent, year-round
development unit, utilizing a reasonable degree of flexibility in the placement , bulk, and interrelationship of buildings and uses, while at the same time maintaiinin adequate overall
intensity of land use, density of population, and amounts of light, air access, and open space. ..= -232 -Page Added 1/3/1995
(27, 51102, cont'd) (27, 11102, cont'd) PROFESSIONAL OFFICE -the office of a member of a .recognized professiion When conducted in a residential district, a professional office shall
be incidental to the residential occupation, shall be conducted by a member of the residential family entirely within the residential building and shall include only the office of doctors
or physicians, dentists, optometrists, ministers, architects, landscape architects, professional engineers, lawyers, artists, authors, musicians and such other professional occupations
which may be so designated. The practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any district to a greater extent
than for the professioona activities listed herein. The issuance of a State or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
PUBLIC GROUNDS -includes: areas and other public areas; other publicly owned or operated facilities; and, A. Parks, playgrounds, trails, paths and other recreational B. Sites for schools,
sewage treatment, refuse disposal and C. Publicly owned or operated scenic and historic sites. ford. 1995-21 PUBLIC HEARING -a formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter. [Ord. 1995-21 PUBLIC MEETING -a forum held pursuant
to notice under the Act of July -3s,e q.1 98[6O r(dP..L .1 99358-82,1 No. 84), known as the "Sunshine Act," 53 P.S. 55271 et -PUBLIC NOTICE -notice published once each week for two (2)
successive weeks in a newspaper of general circulation in the Borough. 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. [Ord. 1995-1995-21
RECREATIONAL VEHICLE -a vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation
for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, house trailers, boat trailers and self-propelled motor homes.
[Ord. 1995-21 REFUSE SITE -a lot or land or part thereof used primarily for dispoosa by abandonment, dumping, sanitary land fill, burial, burning, incinerratio or any other means for
whatever purpose of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereoof or waste material of any kind. REPORT -any letter, review, memorandum,
compilation or similar writing made by any body, board, officer or consultant other than a solicitto to any other body, board, officer or consultant for the purpose of Page Added 1/3/1995
-233 -
(27, 11102, cont'd) (27, 11102, cont'd) 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. [Ord. 1995-21 RESERVE STRIP -a parcel of ground in separate ownership separating a street from other adjacent properties, or from other streets.
REVIEW -wherever in this State the Borough Planning Commission or other Borough official body possesses such jurisdiction, the action of review" shall also include "review-and-approval
,I1 or if necessary, "review and disapproval. 'I street, alley, crosswalk or for other public or semi-public purposes. See "cartway. I' It RIGHT-OF-WAY -the total width of any land reserved
or dedicated as a ROADWAY -travelway. SCREENING -a well maintained fence, wall, hedge, or vegetative material at least five (5) feet in height at installation and of a density sufficient
to conceal from the view of residents along the adjoining side and rear property lines the use on the premises on which the screening is located. SECRETARY -unless otherwise indicated,
secretary of the Borough Planning Commission. [Ord. 1995-21 SERVICE STATION -buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied
and dispensed at retail. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not
in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A service station is
not a repair garage nor a body shop. SEWAGE DISPOSAL SYSTEM, ON-SITE -any structure designed to biochemiicall treat sanitary sewage within the boundaries of an individual lot. SEWAGE
DISPOSAL SYSTEM, CENTRALIZED -a public or private utility system designed to collect, centrally treat, and dispose of sewage from customers, in compliance with Pennsylvania Department
of Environmental Resources regulations or regulations of the Borough, whichever may be more stringent. SEXUAL CONDUCT -patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patentll offensive representations or descriptions of masturbation, excretory functions and lewd exhibition of the genitals.
SIGN -any material, structure or device, or part thereof, composed of lettered or picturial matter is placed, when used or located out of doors or outside or on the exterior of any building,
including window display -234 -Page Added 1/3/1995
(27, 51102, cont'd) (27, 11102, cont'd) a e --. a area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, sign
boards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, strings of lights, projection signs or ground signs, and shall also include an announcement,
declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or business when the same is placed in view of the general public.
However, the following "signs" shall be excluded from the application of this Chapter: A. Signs not exceeding one (1) square foot in area and bearing only property numbers, post box
numbers, names of occupants of premises, or other identification of premises not having commercial connotations. B. Flags and insignias of any government or governmental agency, or of
any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event; except when displayed in connection with commercial
promotion. C. Legal notices, identification, informational, or directional signs erected or required by governmental bodies. D. Integral decorative or architectural features of buildings,
including letters and trademarks except moving lights. E. Signs directing and guiding traffic and parking on any property, but bearing no advertising matter. F. Signs which are solely
devoted to prohibiting trespassing, hunting, or fishing. SIGN AREA -all faces of a sign measured as follows: A. When such sign is on a plate or framed or outliaed, all of the area of
such place or the area enclosed by such frame or outline shall be included. B. When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner
affixed on a wall, the total area of such signs shall be deemed the area within which all of the matter of which such sign consists may be enscribed. C. Structural members and supports
not bearing advertising matter shall be excluded from the sign area. SIGN, COMMERCIAL ADVERTISING or BILLBOARD -an advertising sign, structure or symbol erected and maintained by an
individual or corporation engaged in the sale or rental for profit of space thereon to a clientele of manufacturing, service or commercial enterprises upon which space there is displayed
by means of painting, posting or other method, advertising copy describing a wide variety of projects or services which are not necessarily made, produced, assembled, stored or sold
from the lot or premises upon which the advertisement is displayed. SIGN, DIRECTIOICAL -an advertising sign or device intended to direct or point toward a place, or, one (1) that points
out the way to either an unfamiliar or a known place that obviously could not be easily located without such a sign or device. Each such sign shall not exceed six ( 6 ) square feet in
total area. Page Added 1/3/1995 -235 -
( 2 7 , 51102, cont'd) (27, 51102, cont'd) SIGN, ILLUMINATED -any sign illuminated by electricity, gas or other artificial light including reflective or phosphorescent light. An illuminated
sign shall include lighting devices such as any light, string b of lights, or group of lights located or arranged so as to cast illuminatiio on a sign. SIGNS, NUMBER OF -for the purpose
of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where
matter is displayed in a random manner without organized relation of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered
to be a single sign. SIGN, OFFICIAL -any
sign, symbol or device erected and maintained by a State, County, or municipal governmental agency for the purpose of informing or guiding the public or for the protection and promotion
of health, safety, convenience or general welfare. SIGN, PREMISES OR POINT OF SALE -any sign, symbol, trademark, structure or similar device used to identify the product made or the
activity pursued by an individual, business, service, commercial or industrial enterprise which is displayed upon the lot or premises occupied by such an enterprise for the purpose of
apprising the public of the location of such enterprise and the type of activity in which it is engageed SIGN, PROJECTING -any sign which projects from the exterior of any ~ .~ building.
SOIL PERCOLATION TEST -a field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil
at a given location and depth. SOIL SURVEY -a scientific survey of soil conditions and characteristiics prepared by an engineer or soil scientist and approved or certified by the Soil
Conservation Service in the county. SPECIAL EXCEPTION -a use permitted in a particular zoning district pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. 5510601 et seq., 10901 et seq. [Ord. 1995-21 SPECIFIED ANATOMICAL AREAS -are (a) human genitals, pubic region, (b) 'buttocks, (c) female breasts
below a point immediately above the top of the areola. SPECIFIED SEXUAL ACTIVITIES -are (a) human male genitals in a discernibly turgid state of sexual stimulation or arousal, (b) acts
of erotic touching of human genitals, pubic region, buttocks or female breasts. STORY -that part of any building, exclusive of cellars but inclusive of basements, comprised between the
level of one (1) finished floor and the level of the next higher finished floor, or, if there be no higher finished floor, then that part of the building comprised between the level
of the highest finished floor and top of the roof beams. human masturbation, sexual intercourse or sodomy, (c) fondling or other -.e -236 -Page Added 1/3/1995
(27, 11102, cont'd) (27, 51102, cont'd) STORY, HALF -any space partially within the roof framing, between the top of the floor beams and the structural ceiling level, where the clear
height of not more than fifty (50) percent of such space is seven (7) feet six (6) inches or more. STREET -includes street, avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. [Ord. 1995-21 STREET LINE -the dividing line between a lot
and a street. STRUCTURE -any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. [Ord. 1995-21 STRUCTURAL ALTERATION
-any change in the supporting members of a building, such as beams, columns, or girders. SUBDIVISION -the division or redivision of a lot, tract or parcel of land by any means into two
(2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for for the purpose, whether immediate or future, of lease, partition by the court
for distributiio to heirs or devisees, transfer of ownership or building or lot developmment Provided, however, that the subdivision by lease of land for agricultural purposes into parcels
of more than ten (10) acres, not involviin any new street or easement of access or any residential dwelling, shall be exempted. [Ord. 1995-21 TOURIST HOME -a dwelling in which overnight
accommodations are provided or offered for transient guests for compensation. TRAVELWAY -see "cartway. USE, ACCESSORY -a use customarily incidental and subordinate to the main use on
a lot whether such "accessory use" be conducted in a principal or accessory building. VARIANCE -relief granted pursuant to the provisions of this Chapter and Articles VI and IX of the
Pennsylvania Municipalities Planning Code, 53 P.S 510101 et seq. [Ord. 1995-21 VEHICLE, DISMANTLED OR NON-OPERABLE -a dismantled or non-operable vehicle is one (1) that does not have
a current inspection sticker and current license. WATER DISTRIBUTION SYSTEM, ON-SITE -a system for supplying and distributing water to a single dwelling or other building from a source
located on the same lot. WATER DISTRIBUTION SYSTEM, CENTRALIZED -a public or private utility system designed to transmit water from a common source to customers, in compliance with Pennsylvania
Department of Environmental Resources regulatiion or regulations of the Borough, which ever may be more stringent. YARD, FRONT -an unoccupied ground area fully open to the sky between
the street line or by the street line established by the official map of the Borough, or an approved subdivision plat and a line drawn parallel thereto. [Ord. 1995-21 Page Added 1/3/1995
-237 -
(27, 11102, cont'd) (27, 51102, cont'd) YARD, REAR -an unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto. YARD, SIDE -an unoccupied
ground area fully open to the sky between any property line other than a street or rear lot line, and a line drawn parallel thereto between the front and rear yards. ZONING ORDINANCE
-the officially adopted Borough Zoning Ordinance with any and all amendments thereto. (Ord. 2-80, 7/7/1980, 511.2; as amended by Ord. 1995-2, 1/3/1995) -238 -Page Added 1/3/1995
I (27, 51201) (27, 51201) Part 12 Appeals 51201. Zoning Appeals. The proceedings set forth in this Part shall constitute the exclusive mode for securing review of this Chapter, or decision,
determinations or orders issued by Borough Council, its agencies or officers pursuant to this Chapter. (Ord. 2-80, 7/7/1980, 512.1) 51202. Venue. Appeals to a court shall be taken to
the Court of Common Pleas of Franklin County. (Ord. 2-80, 7/7/1980, 512.2) 51203. Validity of Chapter; Procedural Questions. Questions of an alleged defect in the process of enactment
or adoption of this Chapter and map shall be raised by an appeal taken directly from the action of the Borough Council to the court filed not later than thirty (30) days from the effective
date of this Chapter and map. (Ord. 2-80, 7/7/1980, 512.3) 51204. Validity of Ordinance; Substantive Questions. 1. A landowner who, on substantive grounds, desires to challenge the validity
of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either: A. To the Zoning
Hearing Board under 5801(1)(A) of this Chapter; B. To the Borough Council under 5803(2)(D), together with a request for a curative amendment under 5609.1 of the Municipalities Planning
Code (hereafter "MPC") , 53 P. S. 5 10609.1. 2. Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desires
to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon under 5803(1) (A) of this Chapter. 3. The submissions
referred to in subsections (1) and (2) shall be governed by the following: or Y A. In challenges before the Zoning Hearing Board, the challengiin party shall make a written request to
the Board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and
elects to proceed by curative amendment under 5609.1 of the MPC, 53 P.S. 510609.1, his application to the Borough Council shall contain, in addition to the requirements of the written
request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance
or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as
they provide reasonable Page Added 1/3/1995 -239 -
(27, §1204(3) (A), cont'd) (27, §1204(3) (A), cont'd) notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof.
Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge. B. If the submission is made by the landowner to the Borough
Council under subsection (l)(B), the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowwne to cure the alleged defects therein. C.
If the submission is made to the Borough Council, the Borough Solicitor shall represent and advise it at the hearing or hearings referred to in §909.l(b)(4) of the MPC, 53 P.S. §10909.1(b)(4).
D. The Borough Council may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf and to present their witnesses on its behalf. E. Based
upon the testimony presented at the hearing or hearinngs the Borough Council or the Zoning Hearing Board, as the case may be, shall determine whether the challenged ordinance or map
is defecttive as alleged by the landowner. If a challenge heard by the Borough Council is found to have merit, the Borough Council shall proceed as provided in 1609.1 of the MPC, 53
P.S. 510609.1. If a challenge heard by the Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged
ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans and explanatory material submitted by the landowner
and shall also consider: (1) The impact of the proposal upon roads, sewer facilitiies water supplies, schools and other public service facilities. (2) If the proposal is for a residential
use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes
of person otherwise unlawfully excluded by the challenged provisions of the ordinance or map. (3) The suitability of the site for the intensity of use proposed by the site's soils, slopes,
woodlands, wetlands, floodplains, aquifers, natural resources and other natural features. (4) The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains,
natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts. ( 5
) The impact of the proposal on the preservation of agriculture and other land uses which are essential t o public health and welfare. -240 -Page Added 1/3/1995
F. The Borough Council or the Zoning Hearing Board, as the case may be, shall render its decision within forty-five (45) days after the conclusion of the last hearing. G. If the Borough
Council or the Zoning Hearing Board, as the case may be, fails t o act on the landowner's request within the time limits referred to in subsection (F), a denial of the request is deemed
to have occurred on the forty-sixth (46th) day after the close of the last hearing. 4. The Zoning Hearing Board or the Borough Council, as the case may be, shall commence its hearing
within sixty (60) days after the request is filed unless the landowner requests or consents to an extension of time. 5. Public notice of the hearing shall include notice that the validiit
of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be
examined by the public. 6. The challenge shall be deemed denied when: A. The Zoning Hearing Board or Borough Council, as the case may be, fails to commence the hearing within the time
limits set forth in subsection (4). E. The Borough Council notifies the landowner that it will not adopt the curative amendment. C. The Borough Council adopts another curative amendment
which is unacceptable to the landowner. D. The Zoning Hearing Board or the Borough Council, as the case may be, fails to act on the request forty-five (45) days after the close of the
last hearing on the request, unless the time is extended by mutual consent by the landowner and the Borough. 7. Where a curative amendment proposal is approved by the grant of a curative
amendment, application by the Borough Council pursuant to §909.l(b)(4) of the MPC, 53 P.S. §10909.1(b)(4), or a validity challenge is sustained by the Zoning Hearing Board pursuant to
§909.l(a)(l) of the MPC, 53 P.S. §10909,l(a)(l), or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge
so approved requires a further application for subdivision or land development, the developer shall have two (2) years from the date of such approval to file an application for preliminary
or tentative approval pursuant to Article V or VI1 of the MPC, 53 P.S. §lo501 et seq., 10701 et 3. Within the two-year period, no subsequent change orTmament in tz zoning, subdivision
or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity
challenge. Upon the filing of the preliminary or tentative plan, the provisions of §508(4) of the MPC, 53 P.S. §10508(4), shall apply. Where the proposal appended to the curative amendment
application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one (1) year
within which to file for a building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other govern Page Added 1/3/1995 -241 --
(27, §1204(7), cont'd) (27, §1204(7), cont'd) ing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment
or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
(Ord. 2-80, 7/7/1980, 512.4; as amended by Ord. 1995-2, 1/3/1995) 11205. Procedure to Obtain Preliminary Opinion. In order not to unreasonably delay the time when a landowner may secure
assurance that the ordinance or map -under which he proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his developmeen may be too
cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under §914.1 of the MPC, 53 P.S. 510914.1, by
the following procedure: A. The landowner may submit plans and other materials describing his his proposed use or development to the Zoning Officer for a preliminaar opinion as to their
compliance with the applicable ordinances and maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval
or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
B. If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two (2) successive
weeks in a newspaper of general circulation in the Borough. Such notice shall include a general description of the proposed use or development and its location, by 'some readily identifiable
directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval under §914.1 of the MPC, 53 P.S. 510914.1, and
the time therein specified for commencing a proceeding with the Board shall run from the time the second notice thereof has been published. (Ord. 2-80, 7/7/1980; as added by Ord. 1995-2,
1/3/1995) -242 -Page Added 1/3/1995
(27, 11301) (27, 11301) Part 13 Legal Status 51301. Interpretation. 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, conveniience 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 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 or annul any easement, 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 requires larger open spaces than are imposed or required
by any other statute, ordinance, rule, regulation, or permit, or by any easement, or agreement, agreement, the provisions of this Chapter shall control. (Ord. 2-80, 7/7/1980, 113.3)
Page Added 1/3/1995 -243 -
ZONING MRP FOR TIz6 BOROUGH OF GREENCASTLE FRANlWN COUNm, PENNSIZVMU 4 EFFECTIVE JANUARY 3, 1995
SUBJECT CHAPTER ZONING amendments amendments 27 borough curative, procedure for 27 landowner curative, procedure for 27 zoning ordinance, enactment of 27 preliminary opinion, procedure
to obtain validity of chapter; procedural quest ions 27 validity of ordinance; substantive quest ions 27 venue 27 zoning 27 definitions 27 terms, specific 27 boundaries 27 effect of
establishment 27 list of 27 map 27 causes of action 22 certificate of occupancy 27 fees 27 notice, enforcement 27 permits, building 27 remedies 27 zoning officer, appointment and powers
27 27 compliance 27 appeals definitions districts, establishment of enforcement ob j ec t ives planning commission site development plans, approval of 27 regulations, lot area and related
attached dwelling residences 27 exceptions 27 multiple dwelling residences 27 multiple occupancy buildings 27 single-family detached dwellings 27 single-family semi-detached dwellings
27 two-family detached dwellings 27 uses, detached commercial and industrial buildings, accessory accessory 27 regulations height 27 lot 27 parking 27 signs 27 yard 27 regulations, supplementary
Page Added 1/3/1995 I -13 SECTION 1001 1004 1003 1002 27 1205 1203 1204 1202 1201 1101 1102 203 204 20 1 202 705 703 704 706 702 707 701 101 901 902 404 408 405 406 401 402 403 27 407
501 503 504 505 507 504
SUBJECT ZONING, cont'd requirements, off-street loading uses, accessory status, legal interpretation use regulations, district CC community commercial district CC-I1 community commercial-I1
district HC highway commercial district I industrial district R-2 general residential district R-1 residential district R-M residential mobile home district uses and buildings, nonconforming
definitions discontinuance maintenance registration of repairs expansion and change of uses use provisions appellant before the board, parties board hearings jurisdiction special exceptions
stay of proceedings time limitations variances zoning hearing board I -14 CHAPTER 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 SECTION 506 502 1301 303
304 305 306 302 30 1 307 601 603 604 605 604 602 60 1 808 80 1 802 803 805 807 806 804 Page Added 1/3/1995