HomeMy WebLinkAboutMont Alto Zoningi 1 1 i i I I 1 I I I I I I I I I I MONT ALTO BOROUGH FRANKLIN COUNTY, PENNSYLVANIA ZONING ORDINANCE Prepared By: 56 North Second Street Chambersburg, Pennsylvania 17201 NASSAUX-HEMSLEY,
INCORPORATED
MONT ALTO BOROUGH REPRESENTATIVES I I I MAYOR Mayor Donald VCihitmore BOROUGH COUNCIL Robert Rock, President Paul Schedler, Vice President Mary Lowson David Hicks Robert Harris Elvin
Wagaman PLANNING CONSULTANT Nassaux-Hemsley, Incorporated NHI Building 56 North Second Street Cham bersburg, Pennsylvania 17201 Revised September 1992
I I I I I I I I I I I I I I I I I I I MOm ALTO BOROUGH ZONING ORDINANCE TABLE OF CONTENTS ARTICLE DESCRIPTION ARTICLE I SHORT TITLE, PURPOSE, COMMUNITY DEVELOPMENT OBJECTIVES AND DEFINITIONS
Section 1.1 Short Title Section 1.2 Purpose Section 1.3 Community Development Objectives Section 1.4 Definitions ARTICLE I1 ORGANIZATION OF DISTRICTS Section 2.1 Establishment of All
Districts Section 2.2 Provision for Official Zoning Map Section 2.3 Rules for Interpretation of District Boundaries Section 2.4 Application of District Regulations ARTICLE I11 DISTRICT
USE REGULATIONS Section 3.1 Residential Districts Section 3.2 Commercial-Residential District (C-R) Section 3.3 Commercial-Industrial District (C-I) Section 3.4 Institutional District
(INST) Section 3.5 Flood Hazard District (FH) ARTICLE IV LOT AREA AND RELATED REGULATIONS Section 4.1 Residential Districts Section 4.2 Commercial-Residential District (C-R) Section
4.3 Commercial-Industrial District (C-I) Section 4.4 Institutional District (INST) ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS Section 5.1 Accessory Building and Section 5.2 Height
Regulations Section 5.3 Yard and Lot Regulations Section 5.4 Private Outdoor Swimming Pools Section 5.5 Parking Regulations Structure Regulations -PAGE 1-1 1-1 1-2 1-4 11-1 11-1 11-1
11-2 111-1 111-2 111-4 111-5 111-5 IV-1 1v-5 1v-5 1v-10 V-l v-1 v-2 v-3 v-3
Table of Contents (continued) ARTICLE DESCRIPTION ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS (continued) Section Section Section Section Section Section Section Section Section 5.6
Storage of Dismantled or 5.7 Homeowners Association 5.8 Sign Regulations 5.9 Fences, Walls, and Hedges 5.10 Erection of More than One 5.11 Structures to have Access 5.12 Parking, Storage
or Use of 5.13 Individual Mobilehomes 5.14 Access Drives Non-Operable Vehicles Principal Structure on a Lot Recreational Vehicles PAGE V-6 V-6 v-7 V-8 V-8 V-8 v-9 v-9 v-9 ARTICLE VI
NONCONFORMING USES AND STRUCTURES Section 6.1 NonConforming Uses and Structures VI-1 Section 6.2 Repairs and Maintenance VI-2 Section 6.3 Registration of NonConforming Uses VI-2 ARTICLE
VI1 ADMINISTRATION AND ENFORCEMENT Section 7.1 Duties of Zoning Officer VII-1 Section 7.2 Building Permits VII-2 Section 7.3 Fees VII-4 Section 7.4 Construction and Use to be as Provided
in Applications, Plans, and Permits VII-4 Section 7.5 Complaints and Enforcement VII-4 Section 7.6 Enforcement Notification VII-4 Section 7.7 Enforcement Remedies VII-5 ARTICLE VI11
ZONING HEARING BOARD Section 8.1 Creation and Appointment of Board VIII-1 Section 8.2 Organization of Zoning Hearing Board VIII-1 Section 8.3 Public Hearings VIII-2 Section 8.6 Stay
of Proceedings VIII-7 Section 8.4 Zoning Hearing Board’s Functions VIII-4 Section 8.5 T h e Limitations VIII-7 Section 8.7 Fees VIII-8 I I 1 I I I I 1 I I I I I I I I I I
Table of Contents (continued) ARTICLE DESCRIPTION -PAGE ARTICLE IX STANDARDS FOR CONDITIONAL USES Section Section Section Section 9.1 9.2 9.3 9.4 Compliance Conditional Use Requirements
of Special Standards Special Requirements for Cluster Residential Subdivisions Special Requirements for Planned Residential Developments Special Requirements for Essential Services Special
Requirements for Service Stations and Repair Garages Special Requirements for Motor Vehicle, Machinery, and Equipment Sales and Service Special Requirements for Cemeteries Special Requirements
for Public and Private Kennels Special Requirements for Rooming House and Residential Hotels Special Requirements for Adult Book Stores Special Requirements for Drive-In and Fast Food
Restaurants Special Requirements for Home Occupations Special Requirements for Bed and Breakfast Residence or Inn IX-1 IX-1 IX-3 IX-3 Section Section 9.5 IX-5 9.6 IX-2 1 Section 9.7
IX-22 Section 9.8 IX-22 Section IX-24 Section 9.9 9.10 IX-24 Section 9.11 IX-24 Section 9.12 9.13 IX-25 Section IX-26 Section 9.14 IX-27 Section 9.15 IX-28 ARTICLE X STANDARDS FOR SPECIAL
EXCEPTION USES x-1 x-1 x-1 x-2 Section 10.1 Requirement of Specific Standards Section 10.2 Special Requirements for Section 10.3 Special Requirements for Section 10.4 Special Requirements
for Conversion Apartments Housing Development Grouping Transition Zone
ARTICLE Table of Contents ( continued) DESCRIPTION ARTICLE XI AMENDMENTS AND APPEALS Section 11.1 Amendments Section 11.2 Curative Amendments Section 11.3 Appeals ARTICLE XI1 LEGAL STATUS
PROVISIONS Section 12.1 Interpretation Section 12.2 Separability Section 12.3 Repealer Section 12.4 Effective Date Section 12.5 Enactment -iv-PAGE x-1 x-1 x-1 XI-1 X I -1 XI-1 XI-2 XI-2
I I I 1 I I I I 1 I 1 I I I 1 I I I E I
I I I I I I i I I I I I I I I I I 1 1 ARTICLE I SHORT TITLE, PURPOSE, COMMUNITY DEVELOPMENT OBJECTIVES AND DEFINITIONS
,I 'I 11 I I I I I I I I I I I I I I I ORDINANCE NO. An Ordinance permitting, prohibiting, regulating, restricting, and determining the uses of land, watercourses and other bodies of
water; the size, height, location, bulk, erection, construction, repair, maintenance, alteration, razing, removal, and use of structures; the areas and dimensions of land and bodies
of water to be occupied by uses and structures as well as areas, courts, yards, open spaces, and distances left unoccupied by structures and uses; the density of population and intensity
of use; protecting and preserving of natural resources and agricultural land and activities and providing for the administration and enforcement of this Ordinance. BE IT ORDAINED by
the Borough Council of Mont Alto, Franklin County, Commonwealth of Pennsylvania, as follows: ARTICLE I SHORT TITLE, PURPOSE, COMMUNITY DEVELOPMENT OBJECTIVES AND DEFINITIONS SECTION
1.1 SHORT TITLE This Ordinance shall be known and may be cited as the "Borough of Mont Alto Zoning Ordinance." SECTION 1.2 PURPOSE The provisions of this Ordinance shall be designed:
A. To promote, protect, and facilitate one or more of the followwing The public health, safety, morals, general welfare; coordinated and practical community development; proper density
of population; civil defense, disaster evacuation, airports, and national defense facilities; provisions of adequate light and air, police protection, vehicle parking and loading space,
transportation, water, sewerage, schools, recreational facilities, and public grounds,the provision of a safe, reliable. and adequate water supply for domestic, commercial, agricultural
or industrial use, and other public requirements as well as preservation of the natural scenic and historic valves in the environment and preservation of forests, wetlands, floodplains
and agricultural B. To prevent one or more of the following: Overcrowding of land, blight, danger and congestion in travel and transportatiion loss of health, life, or property from
fire, flood, panic, and other dangers. The Zoning Ordinance shall be made in accordance with an overall program, and with consideration for the character of the Borough of Mont Alto,
its various MONT ALTO ZONING ORDINANCE Page 1-1
parts and the suitability of the various parts for particular uses and structures. C. To prevent the loss of prime agriculture lands when considerrin topography, soil types and classification,
and present use. To provide for the use of land within the Borough for residential housing of various dwelling types encompassing all basis forms of housing, including single-family
dwellings, and a reasonable range of multi-family dwellings in various arrangements, mobilehomes, and mobilehome parks, provided, however, that this zoning ordinance shall not be deemed
invalid for the failure to provide for any other specific dwelling type. D. To accommodate reasonable overall community growth, including population and employment growth, and opportunities
for development of a variety of residential dwelling types and nonresidential uses. SECTION 1.3 COMMUNITY DEVELOPMENT OBJECTIVES There is hereby established a new Comprehensive Zoning
Ordinance for the Borough of Mont Alto, Franklin County, which is set forth in the text text and map that constitute this Ordinance. Said Ordinance 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: A. Maintain
the existing residential character to meet the full range of projected housing needs and to protect and improve the community appearance and its amenities and facilities of the residential
neighborhoods. B. Increase the productivity of the commercial, industrial, and institutional areas for the betterment of the overall community and not in conflict with residential neighborhoods
or their related activities. C. Restrict development on floodplains and other environmentally sensitive areas. D. Where indigenous resources are not amenable to development, improved
streets and public utilities shall be followed. E. Improve neighborhoods by eliminating elements that are visually offensive and provide design features that contribute to an attractive
environment. F. Concentrate commercial, industrial, institutional, and multiple-family residential uses in separate integrated areas so as to balance land development and to retain the
aesthetic quality of the developed areas and the open areas. MONT ALTO ZONING ORDINANCE Page 1-2
I I1 I G. 1 I I 1 I I I I I I I I I 1 I I 1 MONT ALTO ZONING ORDINANCE H. I. J. K. L. M. N. 0. P. QStrenngthe agriculture, forestry, and other resource activities so that they are able
to compete for land while preserving the established small town and rural area character at the same time. Direct non-rural uses and intensities to urbanized areas and suitable lands;
effectively control overcrowding and under utilization; ensure efficient land use; maximize return on public investment; and minimize negative impacts on the community and its environment.
Coordinate development with surrounding municipalities and the region. Provide consistency of areas designated for urban land uses with minimum size and bulk, maximum density, and type
of use. Diversify the housing mix congruent with the capabilities of the area's circulation system, utilities, community facilities, physical resources, and support services. Expand
goods and services to at least provide for basic needs of the resident population and attempt to capture any additional job-generating uses to expand the local economic base. Relate
nature, extent, and intensity of uses to the level of streets, facilities, and utilities presently available and specified for future improvements. Take measures to conserve the existing
housing supply and support activities, yet promote residential and on-residential development for new, expanded populations without adversely affecting existing neighborhoods and other
conforming land uses. Encourage energy-saving techniques of land development and building construction. Preserve the architectural, historic, and other visible assets in any new or modified
development. Recognize existing development patterns and extend compatible, similar uses to receptive areas which are naturally suitable and established or programmed with required improvements
to sustain development and growth of certain capacities. Page 1-3
SECTION 1.4 DEFINITIONS The following words are defined in order to facilitate the interpretation of this ordinance for administrative purposes and in carrying out of duties by appropriate
officers and by the Zoning Hearing Board. Unless otherwise expressly stated, the following words shall, for the purpose of this Ordinance, have meanings herein indicated. Words used
in the present tense include the future tense. The singular includes the plural. The word "person" includes an individual, a corporation, a partnership, an incorporated association,
or any other similar entity. The word "lot" shall include the words IIplot" or "parcel". The term "shall" means "mandatory.8g The word "used" or "occupied" as applied to any land or
building shall be construed to include the words "intended, arranged, or designed to be used or occupied." 1. 2. 3. 4. 5. 6. 7 . MONT Access Drive -A paved surface other than a street
which provides vehicular access from a street or private road to a lot. Accessorv Building -A building located on the same lot as is customarily incidentd and subordinate to the principal
building or structure. Accessory Use -A use customarily incidental and subordinate to the principal use of the main building and located on the same lot with such principal use or main
building. Adult Book Store -An establishment open to the general public in which twenty (20%) percent or more of the occupied sales or display area offers for sale, for rent or lease,
for loan, or for view upon the premises, of pictures, photographs, drawinngs prints, images, sculpture, still film, motion picture film, video tap, or similar visual representations
distinguiishe or characterized by an emphasis on sexual conduct or sexually explicit nudity or books, pamphlets, magazines, printed matter or sound recordings containing explicit and
detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers for sale of sexual devices. Allev -A permanent service way providing
a secondary means of access to abutting properties. Auriculture -The tilling of soil, the raising of crops, horticulture, and gardening. Alterations -Any change in the supporting members
of a building, except such changes as may be required for its safety. Any change by which the area of any building is increased. ALTO ZONING ORDINANCE Page 1-4 I I I I 1 I 1 I 1 1 I
I I 1 I I 1 I 1 I
1 I I 1 I 8. Alterations. Structural -Any change in the supporting members of a building, such as bearing columns, beams, and girders. 9. Apartment -A dwelling unit within a multiple
dwelling. This classification includes apartments in apartment houses, bachelor apartments, studio apartments, and kitchenette apartments. Conversion apartments are not included in this
classification. 10. Apalicant -A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors, or assigns. 11. ADDlication
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. 12. Area, Buildinq -The total area taken on a horizontal
plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps. 13. Bed and Breakfast Residence or Inn -A single
family residence or portion thereof containing not more than three ( 3 ) guest rooms which are used by not more than nine (9) guests where rent is paid in money, goods, labor or otherwise.
14. Block -An area bounded by streets or proposed streets. 15. Boardinq House -Any dwelling in which more than three ( 3 ) persons, either as individuals or as families, are housed or
lodged for hire with or without meals. A rooming house or furnished room house shall be deemed a boarding house. 16. Boroush -The Borough of Mont Alto, Franklin County, Pennsylvania.
17. Buildinq -A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or chattels, including covered porches,
bay windows and chimneys. 18. Buildinq, Detached -A building surrounded by open space on the same lot, as the principal building or structure. 19. Buildins Heiqht -The vertical distance
measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the highest point of the roof for
gable, hip, mansard and gambrel roofs. MONT ALTO ZONING ORDINANCE Page 1-5
20. Buildins Line -A line parallel to the front, side, or rear lot line set so as to provide the required yard. 21. Buildins Setback -The required horizontal distance between a setback
line and a property or street line. a.) Buildins Setback, Front -The distance between the street line and the front setback line projected the full width of the lot. Commonly called
"front yard." b.) Buildins Setback, Rear -The distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "rear yard." c.) Buildins
Setback, Side -The distance between the side l o t line and the side setback line projected from the front yard to the rear yard. Commonly called "side yard. 22. Buildins Setback Line:
An established line within a lot or property defining the minimum required distance between the face of any structure to be erected and an adjacent right-ofwwa or property line. 23.
C a r p o r t -A covered space, open on one (1) or more sides, fcr the storage of one (1) or more vehicles and accessory to a main or accessory building. 24. Cartwav -That portion of
a street or alley which is improved, designed or intended for vehicular use. 25. Clear-Siuht Distance: A line of unobstructed vision from a point four and one-half feet (4 1/2*) above
the centerline of a street to the nearest point on the top of an object four inches ( 4 " ) high on the same centerline. 26. Clear-Siuht Triansle: 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 centerline. 27. C l u s t e r Residential Subdivision -A tract of land
and/or buildings planned as a whole for development of single-family dwelling unit. Said development shall permit a reduction of the l o t 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. MONT ALTO ZONING ORDINANCE Page 1-6
28. 28. 3 0 . 31. 32. 33. 34 . 35. 36. 37. 38. 39. Common Open Snace -A parcel or parcels of land and/or of water within a development site and designed and intended f o r the use or
enjoyment of residents of a development, not including street and off-street parking areas set aside for public facilities. Conditional Use -A use of land or buildings within a given
district permitted only with approval of the Borough Council. Such approval may be subject to express standards and criteria or additional conditions and safeguards as are deemed necessary
by Borough Council. Council -The Borough Council of Mont Alto, Pennsylvania (also known as Governing Body). County -Franklin County, Pennsylvania County Planninq Commission -Franklin
County Planning Commission. Coveraqe, Lot -That portion or percentage of the plot or lot area covered by the building. Conversion ADartment -The alternation of an existing singlefammil
detached dwelling to accommodate two ( 2 ) dwelling units. Cross-Walk -A right-of-way, publicly or privately owned, intended to furnish access for pedestrians. Curb Level -The officially
established grade of the curb in front of the mid-point of the lot. Developer -Any landowner, agent of such landowner, or tenant with a permission of such landowner, who makes or causes
to be made, a subdivision of land or a land development. Development Plan -The provisions f o r development, including a planned residential development, a plat of subdivision, all covenants
relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.
The phrase "Provisions of the Development Plan" when used in this act shall mean the written and graphic materials referred to in this definition. Dismantled and Non-Operable Vehicle
-A vehicle which does not display the current Pennsylvania State Inspection Certificatiio or is manifestly incapable of being locomotive in its existing condition. MONT ALTO ZONING ORDINANCE
Page 1-7
40, Dormitoq -A building that is owned and/or operated by an educational institution whose primary purpose is to provide living accommodations for individuals associated with the institution,
41. Dwellinq -A permanent structure designed for residential purposes which does not include casual or temporary shelters such as tents, trailers, or other shelter designed to be readily
removable from the premises. 42. Dwellins Group -A group of two (2) or more single-family, two-family, or multi-family dwellings occupying a lot in one (1) ownership. 43, Dwellina Unit
-A dwelling or portion thereof providing complete living facilities, including a suite of rooms with exclusive sanitation facilities and with a cooking facilities. 44. Dwellins, Multi-Familv
-A building or portion thereof containing three ( 3 ) or more dwelling units and used for occupancy by three ( 3 ) or more families living independently of each (also known as an apartment
house or condominium). 45. Dwellins. Sincrle Familv Detached -A building used and designed in one unit for and occupied by one (1) family only and having two (2) side yards. 46. Dwellins,
Sinqle F d l v , Semi-Detached -A building used by one ( 1) family, having one (1) side yard, and one ( 1) party wall in common with another building (also known as a duplex) or end
of townshouse. 47. Dwellins. Sinqle Familv Attached (Row1 -A building used by one (1) family having no side yard and at least two (2) party walls in common with other buildings (also
known as a townhouse). 48. Dwellins, Two Familv, Detached -A building used by two ( 2 ) families with a dwelling unit arranged over the other and having t w o (2) side yards. 49. Dwellinu,
Two Familv, Semi-Detached -A building used by two ( 2 ) families, with one ( 1) dwelling unit each arranged next to and over the other, having one (1) side yard and one (1) party wall
in common with another building. 50. Easement -A limited right granted for the use of private land for certain public or quasi-public purposes; also the land to which such right pertains.
MONT ALTO ZONING ORDINANCE Page 1-8
1 1 E 1 I I I D I I I a 1 II 51. Essential Services -The erection, construction, alteration, or maintenance, by public utilities or Municipal or other government agencies or private
corporations under contract to a Municipality, of gas, electrical, telephone, steam or water transmission or distribution system, 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 agencies or private corporations under contract to a Municipality including firehouses of fire companies and emergency services under agreement
with the Municipality or for the public health or safety or general welfare. 52. Familv -One (1) or more persons who live in one (1) dwelling unit and maintain a common household. May
consist of a single person or of two (2) or more persons, whether or not related by blood, marriage, or adoption. May also include domestic servants and gratuitous guests, but not occupants
of a club, fraternal lodge, or boarding house. 53. Garden Apartment -A group of buildings not more than two and one-half (2 1 /2 ) stories in height, each building containing not more
than eight ( 8 ) dwelling units. 54. Ground Floor -The floor of a building nearest the mean grade of the front of the building. 55. Governinu Bodv -Shall mean the Borough Council of
the Borough of Mont Alto, Franklin County, Pennsylvania. 56. Home Occupation -An accessory use customarily conducted within a dwelling or in a building accessory thereto providing that
the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, that sales of goods on the premises which have been purchased for resale is clearly not
the primary use, but is incidental and secondary to the primaar use being conducted, that the exterior appearance of the structure or premises is constructed and maintained as a residenntia
dwelling or accessory building, that no goods are publicly displayed on the premises other than signs as proviide herein, and that such accessory use shall not occupy more than thirty
percent (30%) of the floor area used for dwelling purposes. A Home Occupation shall be carried on only by members of the family or the individuals residing on the premises. 57. Industry
-The manufacturing, compounding, processing, assembly, or treatment of materials, articles, or merchandise. MONT ALTO ZONING ORDINANCE Page 1-9
58. 59. 60. 61. 62. 63. 64. MONT Kennel. Public -An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training,
trading, or selling of animals is conducted as a business. Kennel. Private -Any building or buildings or land designed or arranged for the care of dogs and cats belonging to the owner
of the principal use, kept for purposes of show, hunting, or as pets. Land DeveloRment -Any of the following activities: a. The improvement of one (1) or more contiguous lots, tracts
or parcels of land for any purpose involving: (i) A group of two (2) or more residential or nonresiddentia buildings, whether proposed initially or cumulatively, or a single non-residential
building on a lot or lots regardless of the number of occupants or tenure; or (ii) The division or allocation of land or space, whether initially or cumulatively, between or among two
(2) or more existing or prospective occupants 5.; means of, or for the purpose of streets, streets, common areas, leaseholds, condominiums, building groups or other features. b. A subdivision
of land. c. Excluded from the defini-;on of Land Development are the following: (i) The addition of XI accessory building, including farm building on a lot or lots subordinate to an
existing principd. building. Landmer -The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract
is subject to any condition), a lessee if he or she is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land. &&
-A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit. Lot Area -The area contained within
the property line of a lot as shown on a subdivision plan excluding space within any public right-of-way but including the area of easement. Lot. Corner -A parcel of land at the junction
of and fronting on two (2) or more intersecting streets. ALTO ZONING ORDINANCE Page 1-10
6 5 . 66. 67. 68 0 69. 70. 71. 72. 73 74. 75. 76. MONT Lot, Denth of -The average horizontal distance between the front and rear lot lines. Lot, Double Frontase -An interior lot having
frontage on two (2) streets. Lot, Interior -A lot other than a corner lot. Lot Lines -The lines bounding a lot as defined herein. Lot, Minimum Width of -The minimum width at the front
building setback line. Lot Of Record -A lot which has been recorded in the Office of the Recorder of Deeds of Franklin County, Pennsylvania. Lot, Reverse Froatase -A lot extending between,
and having frontage on an arterial street and a minor street, and with vehicular access solely from the latter. Mediation -A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider
acceptable. Mixed Occunancy -Occupancy of a building or land for more than one (1) use. Mobilehome -A transportable, single-family dwelling intended for permanent occupancy, office,
or place of assembly
contained in one (1) unit or in two ( 2 ) 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. Mobilehome Lot -A parcel
of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobilehome which is leased by the
park owner to the occupants of the mobilehome erected on the lot. A mobilehome not located in a mobilehome park shall meet the lot requirements for a single family detached dwelling
of that district where located. Mobilehome Park -A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobilehome l o t t s for
the placement thereon of mobilehomes. ALTO ZONING ORDINANCE Page 1-11
77 . 78. 79. 80. 81. 82 . 83. 84 . 85. 86. MONT Multi-Use Buildinq -Any building intended to be used by two (2) or more tenants, owners, or users or any combination thereof. Municipal
Enaineer -A Professional Engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for a Municipality, Planning Agency or Joint Planning Commission.
Municipalitv -The Borough of Mont Alto, Franklin County, Pennsylvania. Nonconformine Lot -A lot the area of dimension of which was lawful prior to the adoption or Amendment of a Zoning
Ordinance, but which fails to conform to the requirements of the Zoning District in which it is located by reasons of such adoption or Amendment. Nonconforminq Structure -A structure
or part of a structure manifestly not designed to comply with applicable use or extent of use Provisions in a Zoning Ordinance or amendment heretofore or hereafter enacted, where such
structure Lawfully existed prior to the enactment of such Ordinance or Amendment or prior to the application of such Ordinance or kendment to its location by reason of annexation . Such
nonconforming structures include, but are not limited to, nonconforming signs. Nonconforminq Use -A use, whether of land or of stru...:ure which does not comply with the applicable use
provisions in this Zoning Ordinance or Amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Ordinance or Amendment, or prior
to the application of such Ordinance or Amendment to its location by reason of annexation. Office Buildinq -A building designed or used primarily for office purposes, no part of which
is used for manufacturing or for dwelling other than by a watchman or janitor. Official Map -The Official Zoning Map of Mont Alto Borough adopted by Ordinance. Office, Professional -A
room or rooms used for the carrying on of a profession. Parkins Space -The space within a building or on a lot or parking lot for the parking or storage of one (1) automobile. ALTO ZONING
ORDINANCE Page 1-12
II I I I I 1 I I 1 I 1 I 87. Planninq Commission -The Borough of Mont Alto Council's Planning Committee. 88. Planned Residential Develo~ment (PRD) -An area of land controlled by a landowner
to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage, and
required open space to the regulations established in any one (1) residential district created, from time to time, under the provisions of this Zoning Ordinance, 89. Plat -The map or
plan of a Subdivision of Land Development, whether Preliminary or Final. 90. Public Grounds -Includes: a, Parks, playgrounds, trails, paths and other recreational areas and other public
areas; b. Sites for schools, sewage treatment, refuse, and disposal and other publicly owned or operated facilities; and c. Publicly owned or operated scenic or historic sites. 91. Public
Hearinq -A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment prior to taking action in accordance with
the "Pennsylvania Municipalities Planning Code. I' 92, Public Meeting -A forum held pursuant to Public Notice under the Act of July 3, 1986, (P.L. 388 No. 84) known as the "Sunshine
Act. I' 93. 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. 94. Quadraplex: Four attached dwelling units in one structure in which each unit has two open space exposures and share
one or two walls with adjoining unit or units. MONT ALTO ZONING ORDINANCE Page 1-13
95. 96. 97. 98. 99. 100. 101. 102 . Recreational Vehicle: A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed
as temporary living accommodattion for recreational, camping or travel use and including, but not limited to travel trailers, truck campers, camping trailers, boats and self propelled
motor homes. Residential Hotel: A building or group of buildings, detached or connected, designed or used primarily for providing living accommodations for permanent guests only and
not by transients. It may include restaurants, newsstands, and other accessory services primarily for serving its occupants and only incidentally the public. Restaurant, Drive-In: An
establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who
are not in motor vehicles for consumption either on or off the premises. Restaurant, Fast-Food: An establishment that offers quick food service, which is accomplished through a limited
menu of items already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's
table, and food is generally served in disposable wrapping or containers. Roominq House: Any dwelling or part of dwelling containing one or more rooming units in which space is let by
the operatto to two or more persons each of whom pays a portion of the total rent of the dwelling or part of dwelling. Said tenants are not the husband or wife, son or daughter, mother
or father, of the owners or operator. Roominu Unit: Any room or group of rooms forming a single habitable unit, used or intended to be used for living or sleeping, but not containing
individual sanitation facilities and with or without kitchen facilities for the exclusive use of the occupants. Such facilities are providedthrough common facilities available to one
(1) or more rooming units. Sanitation F a c i l i t i e s : A room equipped with at least a toilet and washbowl. Screeninq -A well maintained fence, wall, hedge, or vegetative material
of a density sufficient to conceal from the view of property owners in adjoining residential districts the structures and uses on the premises on which the screening is located. MONT
~nL TL mAWn ZONING ORDINANCE Page 1-14
1 1 I I I i 1 I I I ' 103. Siqn -Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not
including the following: a. Flags and insignias of any governmental agency or civic, charitable, religious, fraternal, or similar organization; b. Legal notices, identification, information,
or directional signs erected or required by governmental bodies; and c. Signs which are solely devoted to prohibiting trespassing, hunting, or fishing. 104. Siqn Area -The total of each
surface area used for the purpose of identifying 105. Sisn, Business -A sign which directs attention to a use conducted, product or commodities sold, or service performed upon the premises.
106. Sisn, Commercial Advertisins "Billboard" -An advertising sign directing attention to a business, commodity, service, entertainment, etc. conducted, sold, or offered elsewhere than
upon the premises where such sign is located. 107. SDecial Exception -The Zoning Hearing Board shall hear and decide request for special exceptions in accordance with standards and criteria
established in this Ordinance. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this
Zoning Ordinance, as it may deem necessary to implement the purpose of the Zoning Ordinance. 108. Stow -That portion of any building included between the surface of any floor and the
surface of the next floor above it or if there is no floor above it, than the space between such floor and the ceiling next above it. 109. Structure -Anything constructed or erected,
the use of which requires location of ground or attachment to something having location on the ground. 110. 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 the purpose, whether immediate or MONT ALTO ZONING ORDINANCE
Page 1-15
future, of lease partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development. Provided, however, that the subdivision by lease of
land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access of any residential dwelling, shall be exempted. 111. -The
specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "Permitted Use" or its equivalent shall not
be deemed to include a nonconforming use. 112. Variance -The permission, granted by the Zoning Hearing Board, following a public hearing that has been properly advertised, for a particular
modification to some regulation or provision of the Zoning Provisions of this Ordinance which, if strictly adhered to, would result in an unnecessary hardship, and where the permission
granted would not be contrary to the public interest, and would maintain the spirit and intent of of the Ordinance. 113. Yard -An unoccupied space open to the sky on the same lot with
a building or structure. 114. Yard, Buffer -A yard covered with vegetation and intended to provide an area of separation between different districts or uses. 115. Yard, Exterior -An
open, unoccupied space between the buildings of a dwelling group or its accessory buildings and the project boundary or street line. 116. Yard, Front -A yard extending across the full
width of the lot and abutting the front lot line, the required depth of which yard is a prescribed minimum distance between the front lot line and a line parallel thereto on the lot.
117. Yard, Interior -An open, unoccupied space between the buildings of a dwelling group of its accessory buildings, not a front, side, or rear yard. 118. Yard, Rear -An open space extended
across the entire width of the l o t between the rear wall of the principal building and the rear line of the lot and unoccupied except for accessory buildings and open porches. MONT
ALTO ZONING ORDINANCE Page 1-16
119. Yard, Side -A yard abutting a side lot line, extending from the front yard to the rear yard. The required width of which yard is a prescribed minimum distance between the side lot
line and a line parallel thereto on a lot. 120. Zoninq Board -The officiallyestablished Zoning Hearing Board of the Borough of Mont Alto. 121. Zoninq O f f i c e r -The duly appointed
official of Mont Alto Borough charged with the duty of enforcing the Provisions of this Ordinance. 122. Zoninq Mae -The Map setting forth the boundaries of the Zoning Districts of Mont
Alto Borough which shall be part of this Ordinance. MONT ALTO ZONING ORDINANCE Page 1-17
SIDE PROPERN LINE REAR PROPEKly LINE SIDE SETBACK LINE 1 1 I rbrr SIDE YARO mr YARO MONT ALTO ZONING ORDINANCE ?zge 1-18
1 i 1 SINGLE-FAMILY DETAWEO 1 NO PA17Ty WAU-ONE FAMILY I I I I I 1 1 TWO PARTY W A I I -THREE FAMILY vmsroN SHOW (UP m SIX) QUAORAPLEX (FOUR ATTACHED DWELLING UNfTS) MONT ALTO ZONING
ORDINANCE Page 1-19
I ARTICLE I1 ORGANIZATION OF DISTRICTS
I I ARTICLE I1 ORGANIZATION OF DISTRICTS I I I I I I I 1 I II I I I 1 I SECTION 2.1 The Borough is below: SECTION 2.2 ESTABLXSBWEMT OF ALL DISTRICTS hereby divided into the classes of
Districts listed Residential -7,500 Square Feet Residential -12,500 Square Feet Commercial -Residential Commercial -Industrial Institutional Flood Hazard PROVISION FOR OFFICIAL ZONIHG
MAP The boundaries of the said districts are hereby established as shown on the "Mont Alto Borough Zoning Map", which accompanies, and which, w i t h all explanatory matter thereon to
include notations, references and revisions, is hereby adopted by reference and made part of this Ordinance. A copy of said map, indicating the latest amendments, shall be kept up to
date for the use and benefit of the public-in the offices of the Borough of Mont Alto and the Franklin County Planning Commission. SECTION 2.3 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply. A. Where district boundaries are indicated as approximately following the centerlines
of streets, highways, water courses, or railroad rights-of-way or such lines extending such centerlines shall be construed to be such boundaries. B. Where such boundaries are indicated
as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries. C. In all cases where a district boundary divides
a lot in one ownership, the district and its appurtenant regulations in which more than 50% of such lot lies, shall be in effect. D. In all cases where a district boundary line is located
not farther than fifteen feet (15') away from a lot line of record, such boundary line shall be construed to coincide with such lot line. MONT ALTO ZONING ORDINANCE I Page 11-1
E. In all cases where dimensions are not shown on the Zoning Map, the location of boundaries shown on the map shall be determined by the use of scale appearing thereon. F. 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 Article VI11 herein. G. Where physical or cultural features exist on the ground, but are at variance with those shown on the Official Zoning Map,
the Zoning Hearing Board shall interpret the district Boundaries. SECTION 2.4 APPLICATION OF DISTRICT REGULATIONS Following the effective date of this Ordinance and except as hereinafter
provided: A. B. C. D. No building hereafter shall be constructed, erected, moved, altered, maintained, operated, 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 Ordinance for the district in which
such building or land is located. No yard, off-street parking, driveway, or open space required in connection with any building or use shall be considered as providing a required open
space for any other building on the same or any other lot. No lot shall be formed from part of a lot already occupied by a building unless such building, a l l yards, and open spaces
connected therewith, and the remaining lot comply with all requirements prescribed by this Ordinance 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 the provisions of this Ordinance. Nothing contained in this Ordinance shall require
any change in plans, construction, or designated use of a building complying with the local laws in force prior to this Ordinance, if the following is found to exist: 1. A building permit
shall have been duly issued prior to the date of the first publication of notice of the public hearing on this Ordinance; MONT ALTO ZONING ORDINANCE Page 11-2 I I I I I I I I 1 I I I
I I I I I I I
I I II I 1 1 I I I I I I I 1 I I 1 I I E. * 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 Ordinance. 3. A non-conforming use permit has been issued by the Borough. Any use not permitted by this Ordinance shall be deemed
to be prohibited. Any list of prohibited uses contained in any Section of this Ordinance, shall not be deemed to be exhaustive list, but has been included for the purposes 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. A landowner who, on substantive
grounds, desires to challenge the validity of this Ordinance or the appurtenant zoning maps or any provision thereof which prohibits or restricts the use or development of land in which
they have an interest shall submit such challenge to either the Township Zoning Hearing Board or or Board of Supervieors which ever has been granted jurisdiction over such challenge
by Section 909.1 of the Pennsylvania Municipalities Planning Code. MONT ALTO ZONING ORDINANCE Page 11-3
1 i 1 I I I I i I I I I I I 1 1 I I I ARTICLE 111 DISTRICT USE REGIJLATIONS
ARTICLE 111 DISTRICT USE REGULATIONS ' I 11 I I I I I 1 I I I I I I I I I I SECTION 3.1 RESIDE#TIAL DISTRICTS A. Intended Pumoee: It is the purpose of the R-75 and R-125 districts to
maintain residential areas and to provide for natural expansion of those areas as well as higher density residential developments into areas which can be served by public sewer and/or
public water facilities. B. Peirnritted Usem: 1. 2. 3. 4. 5 . 6. 7. 8. 9. 10. Single-family detached dwellings. Single-family semi-detached dwellings (duplexes). Single-family attached
dwellings (townhouses). Two-family dwellings. Agriculture. Churches and similar places of worship. Schools and similar places of instruction. Multi-family residential buildings (apartments).
Accessory buildings and uses customarily incidental to the above permitted principal uses. Such municipal buildings, parks, playgrounds, other municipal facilities as are deemed necessary
and appropriate by the governing body. C. Conditional Uses: The following uses shall be permitted as a Conditional Use when authorized by the Borough Council. The Borough Council shall
hear and decide requests for such uses according to the criteria established in Article IX of this Ordinance. 1. Cluster residential subdivisions regarding detached dwellings in both
the R-75 and R-125 Zones (See Section 9 . 4 ) . 2. Planned residential development in only the R-125 Zone (See Section 9.5). -* 3. Essential Services (See Section 9.6). 4. Cemeteries
(See Section 9.9). MONT ALTO ZONING ORDINANCE Page 111-1 -. . . . . . . . _.
D. 5. Home occupations ( See Section 9.14). 6. Mobilehome parks provided that Article V of the Borough of Mont Alto Subdivision and Land Development Ordinance Regulations are met. 7.
Bed and Breakfast Residence or Inn (See Section 9.15). Special Exceptions Uses: The following uses shall be permitted by Special Exception upon approval by the Zoning Hearing Board after
a public hearing and upon recommendation by the Planning Commission. U s e s by Special Exception shall be subject to the criteria and requirements established in Article X and elsewhere
in this Ordinance. 1. Conversion Apartments (See Section 10.2). 2. Housing Development Grouping (See Section 10.3). 3. Transition Zone (See Section 10.4). SECTION 3.2 COMMERCIAL-RESIDENTIAL
DISTRICT (COR) A. Intended Pumose: It is the purpose of this zoning district to maintain existing residential environments as an asset to the total community; stabilize and improve the
existing values inherent in the already built environment and encourage the upkeep of existing development and the development of new properties; and promote the use of properties for
trade and service activities which are compatible with residential use. B. Permitted Uses: 1. 2. 3. 4. --6. Same as permitted uses in Section 3.1. Local retail activities including grocery
stores, meat markets, delicatessens, antique stores, bakeries, pharmacies, hardware stores, feed stores, sporting goods, clothing stores, video stores, arcades and similar or related
uses. Local service activities including barber shops, beauty salons, tailor shops, dry cleaners, laundromats, appliance repair, and similar or related uses. Banks and other financial
institutions. Business and professional offices. Funeral Homes. MONT ALTO ZONING ORDINANCE Page 111-2 1 1' 1 I 1 I I I I I I I I I I I I I I I
7. Theaters. 8. Warehouses. 1 I 1 I I I I I I I I I 9. Multi-use buildings provided that applicable off-street parking and building setback requirements are met, and they are restricted
to the above uses in combination thereof. 10. Fraternal lodges or similar recreation clubs. 11. Restaurants, primarily offering sit-down counter or table service and custom-prepared
foods for on-site consumption. C. Conditional Uses: The following uses shall be permitted as a Conditional Use when authorized by the Borough Council. The Borough Council shall hear
and decide requests for such uses according to the criteria established in Article IX of this Ordinance. 1. Essential Services (See Section 9.6). 2. Service stations and repair garages
(See Section 9 . 7 j . 3. Motor vehicle, machinery, and equipment sales and service (See Section 9.8). 4. 5. Drive-in and fast food restaurants (See Section 9.13). D. Special Exceptions
Uses: The following uses shall be permitted by Special Exception upon approval by the Zoning Hearing Board after a public hearing and upon recommendation by the Planning Commission.
Uses by Special Exception shall be subject to the criteria and requirements established in Article X and elsewhere in this Ordinance. Rooming houses or residential hotels (See Section
9.11). 1. Conversion Apartments (See Section 10.2). 2. Housing Development Grouping (See Section 10.3). 3. Transition Zone (See Section 10.4). MONT ALTO ZONING ORDINANCE Page 111-3
SECTION 3.3 COMMERCIAL-INDUSTRIAL DISTRICT CC-11 A. Intended Purpose: It is the purpose of this zoning district to provide for business and office activities. The district primarily
allows development of neighborhood shopping areas and other commercial activities which serve the day-to-day needs of local residents. Further, this zone is designed to permit and encourage
appropriate sites to be used for limited industry. Such limited industries are characterized by uses of large sites, attractive buildings and innoxious processes. E. Permitted Uses:
1. Same as Section 3.2 with the exception of any Section 3.1 permitted uses. 2. Light industry which involves fabricating, assembling, and/or processing activities as long as they do
not produce any noticeable hazard, noise, vibration, smoke, dust, odor, heat or glare outside buildings harmful or disruptive to the well-being of nearby residents and businesses. 3.
Nurseries, greenhouses, and garden marts. 4. Storage, transfer, and distribution centers excluding truck terminals. 5. Laboratories of an experimental, research, or testing nature within
completely enclosed buildings and demonstrating similar safeguards as permitted use ( 2. ) of this Section. 6. Indoor and outdoor recreation centers. 7 . Pet shops, animal hospitals,
veterinarian clinics, kennels (public and private). 8. Municipal buildings and uses-9. Publishing and printing companies. 10. Lumber and building material yards. 11. Contractor offices
and storage yards. 12. All conditional uses in Section 3.2 provided that they comply with special requirements for that use specified in this Ordinance. MONT ALTO ZONING ORDINANCE Page
111-4 1 I I I I 1 1 I 1 1 I 1 I I I I I I I
C. D. Conditional Uses: The following uses shall be permitted as a Conditional Use when authorized by the Borough Council. The Borough Council shall hear and decide requests for such
uses according to the criteria established in Article V of this Ordinance. 1. Adult Book Store (See Section 9.12). SDecial ExceDtione U s e s : The following uses shall be permitted
by Special Exception upon approval by the Zoning Hearing Board after a public hearing and upon recommendation by the Planning Commission. Uses by Special Exception shall be subject to
the criteria and requirements established in Article X and elsewhere in this Ordinance. 1. Transition Zone (See Section 10.4). SECTION 3.4 INSTITUTIONAL DISTRICT (INST) A. Intended Purpose:
It is the purpose of this zoning district to promote the following: Recognition of the location and use of lands of the Pennsylvania State University; and to make provision for the regulation
of the use of lands transferred from the University to private parties or vice versa. B. Permitted Uses: 1. 2. 3. 4 . 5. 6. Schools and colleges including educational, cultural, and
administrative offices, rooms, and buildings. Athletic fields, tennis courts, golf courses, ice rinks, playgrounds, parks, gymnasiums, arenas, other similar recreational uses. Dormitories
and like group housing development as required by special exception provisions found within this Ordinance. Agricultural and horticultural operations. Public and quasi-public buildings.
Other related uses found to be similar or of the same general character as the above specified uses. SECTION 3.5 FLOOD HAZARD DISTRICT (FH1 All persons, partnerships, business or corporations
to undertake or cause to be undertaken, any construction or development anywhere within the Flood Hazard District of the Borough of Mont Alto shall be in accordance with the Mont Alto
Borough Floodplain Ordinance. MONT ALTO ZONING ORDINANCE Page 111-5
ARTICLE IV LOT AREA AND RELATED REGULATIONS
I I I I I I I I I I I I I I I I I I I SECTION 4.1 ARTICLE IV LOT AREA AND RELATED REGULATIONS RESIDENTIAL DISTRICTS Minimum *Lot Size .................................... 7,500 Sq. Ft.
Lot Width .................................... 75 Feet Lot Depth .................................... 100 Feet Front Yard ................................... 25 Feet Each Side Yard ..................
............ 10 Feet Rear Yard .................................... 25 Feet Accessory Building Setback ................... 5 Feet Maximum Lot Coverage .................................
20 Percent Building Height .............................. 35 Feet B. Sinqle-Familv Detached Dwellinqs (R-125 Zone) Require: Minimum *Lot Size .................................... 12,500
Sq. Ft. Lot Width .................................... 100 Feet Lot Depth .................................... 125 Feet Front Yard ................................... 30 Feet Each Side
Yard 10 Feet Rear Yard .................................... 30 Feet Accessory Building Setback ................... 5 Feet ............................... Maximum Lot Coverage ........................
........ 20 Percent Building Height .............................. 35 Feet * Those lots served by either on-site water supply or on-site sanitary sewer, shall not be less than one hundred
feet (100' ) wide and not less than thirty thousand square feet (30,000) in land area. Those lots served by o n -s i t e water supply and on-site sanitary sewer, shall not be less than
one hundred feet (100') wide or less than forty-three thousand five hundred sixty square feet (43,560) in land area. MONT ALTO ZONING ORDINANCE Page IV-1
C. Sinsle-Family Semi-Detached Dwellins8 (DuDlexes Or Double Houses) In All Permitted Districts Require: Minimum * Lot Size ............................... 4,500 Sq. Ft./Unit Lot Width
................................ 40 Feet/Unit Lot Depth ................................ 100 Feet Front Yard ............................... 25 Feet Each Side Yard ...........................
15 Feet Rear Yard ................................ 25 Feet Accessory Building Setback ............... 5 Feet Maximum Lot Coverage ............................. 50 Percent Building Height
..........................
35 Feet * When on-site water supply and/or on-site sanitary sewer facilities are to be utilized, the minimum lot size shall be increased to forty-three thousand five hundred sixty square
feet (43,560) per unit. MONT ALTO ZONING ORDINANCE Page IV-2 I I I I I I I I I 1 I I 1 I I I I I I
I I I I I I I I D. Sinqle-Familv Attached Dwellinqs (Townhouses) In All Permitted Districts Reuuire: Minimum Lot Size .................................... 4,500 Sq. Ft. Per End Unit
................................... 2 , 5 0 0 Sq. Ft. Per Interior Unit Unit Width .................................. 20 Feet Per Unit Distance Between Structures (front to back).. 50
Feet Front Yard .................................. 25 Feet Side Yard For Each End Unit ................. 15 Feet Rear Yard ................................... 25 Feet First Floor Area
Per Unit ................... 600 Sq. Ft. Number Of Units Per Structure .............. 3 Units Common Open Space Excluding Yards ........... 10 Percent Maximum Lot Coverage ...........................
.... 50 Percent Building Height 35 Feet Number Of Units Per Structure ............... 10 Units ............................. Density Per Gross Acre ...................... 7 Units * Central
or public water supply and sanitary sewer shall be provided. MONT ALTO ZONING ORDINANCE Page IV-3
E. M u l t i -P d l v Residential Dwellinqs and Garden ADartrPeats In All Permitted Distracts Reuuire: Minimum Lot Size .................................... 40,000 Sq. Ft. ...........................
....... 2,500 Sq. Ft. For Entire Project Area Per Dwelling Unit Lot Width ................................... 200 Feet For Entire Project Area Lot Depth ...................................
150 Feet Front Yard .................................. 35 Feet Each Side Yard .............................. 25 Feet Rear Yard ................................... 25 Feet Distance Between
Structures (front to back).. 25 Feet Common Open Space Excluding Yards ........... 15 Percent Maxbum Lot Coverage ................................ 25 Percent Building Height .........................
... 35 Feet Length Of Any Building Structure ............ 200 Feet Number Of Units P e r Structure ............... 16 Dwelling Units 1. Central or public water supply and sanitary sewer
shall be provided. 2. A planting screen consisting of a minimum width of five feet (5' ) of primarily evergreen trees at least three feet (3') high at planting, shall provide visual
amenity along all lot lines except front lot line. 3. All interior streets must be paved to a minimum width of twenty-five feet (25'). 4. Energy conservation shall be encouraged in building
techniques. MONT ALTO ZONING ORDINANCE Page IV-4
1 ' 1 1 I 1 I 1 I I 1 1 I I I I I 1 I I1 5. No on-street parking shall be permitted; a minimum of two (2) off-street parking spaces which may include garages shall be required for every
dwelling unit. No parking area shall be situated closer than ten feet ( 10 * ) to any building or to any lot line. The parking area shall be adequately lighted either with all mounted
or posted ornamental fixtures. SECTION 4.2 COWWERCIAL-RESIDENTIAL DISTRICT (C-RI A. Commercial uses shall provide a minimum lot width at the building line of twenty-five feet (25') and
a maximum height of building no more than thirty-five feet (35'). Yards shall be provided and as such they may be used for the purpose of meeting off-street parking and loading requirements.
1. Front Yard ............................. 10 Feet 2. Side Yard .............................. 5 Feet (Unless BuildingsAre Attached ) 3. Rear Yard .............................. 15
Feet 4 . Maximum Lot Coverage shall not exceed fifty (50) percent , B. For every building used used in whole or in part as a dwelling unit, a l o t area of not less than one-thousand
eight hundred rsqeuquairre emfeenetts f(or1 ,S8u0b0s)e cpteiro n uAn isth alslh aallls o baep plpyr.o vided. The SECTION 4.3 COMMERCIAL-INDUSTRIAL DISTRICT (C-I) A, Minimum Required:
Lot S i z e .................................... 10,000 Sq. Ft. Lot Width ................................... 80 Feet Lot Depth ................................... 120 Feet Each Side
Yard .............................. Rear Yard ................................... IS Feet Side Yard Abutting A Residential Boundary ... Rear Yard Abutting A Residential Boundary ...
Front Yard .................................. 2150 FFeeeett 15 Feet 20 Feet MONT ALTO ZONING ORDINANCE Page IV-5
B. C. D. E. Maximum: Lot Coverage ................................ SO Percent Building Height ~ ~ a . . . . a . . . . . . . . . . . . . . . . ~ ~ ~ o ~ 45 Feet A belt of massed evergreen
plantings at least five feet (5') wide and fencing shall be established adjacent and along any abutting residential zone or residential property line for the purpose of ensuring the
health, safety, and welfare of adjacent and nearby residential properties. Industrial performance standards, as established by Federal and Commonwealth agencies, shall be met so as not
to emit smoke, vibration, fumes, dust, gases, odors, and fly ash beyond any property line. Nuclear or radioactive activities are prohibited. Liquid and solid wastes shall comply with
all applicable local and Commonwealth requirements. Noise shall not exceed values recommended by the American Standard Association, Incorporated. Performance Standards: All Commercial
and Industrial Uses shall meet or exceed all of the following requirements: 1. Buffer Zones: a. b. C. C. d. The buffer zone shall be measured from the District Boundary Line or a property
line or right-of-way line, if not co-existent with. the District Boundary Line. A minimum buffer zone of fifty feet (50') in width shall be provided along any common property line with
a residential use or district. The buffer zone shall be maintained and kept clean of debris, rubbish, weeds, and other unsightly features . No building, structure, or physical improvement
shall be permitted in the buffer zone except: (1) An access drive; A stormwater facility; MONT ALTO ZONING ORDINANCE (3) A permitted sign. and Page IV-6
I I I I I I I I I 1 I I I I I I I I 1 I e. No less than the exterior half of the buffer area shall be planted and maintained with grass or ground cover, massed evergreens, and deciduous
trees and shrubs of such species and size as will produce, within two (2) growing seasons, a screen at least four feet (4') in height and of such density as will obscure, throughout
the full course of year, all of the glare of automobile headlights emitted from the premises. The preservation of all natural wooded tracts, rock outcroppings or topographic features
shall be an integral part of all said plans regardless of their proximity to required buffer zones. Massed evergreens used in screen planting shall be at least four feet (4') in height
when planted and produce a complete visual screen year-round. The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within
one (1) year. The screen planting shall be so placed that at maturity it will be nu closer than three feet ( 3 ' ) from any street or property line. A 75' foot clear-sight triangle shall
be maintained at a l l street intersections and at all points where private access ways intersect public streets. The screen planting shall be broken only at points of vehicular and
pedestrian ingress and egress . f. No screen planting shall be required along streets frontage . 2. Drainaqe: No stormwater or natural drainage which originates on the property or water
generated by the activity; e.g., air conditioners, or swimming pools; shall be diverted across property lines unless transported in an approved or existing drainage system. MOW ALTO
ZONING ORDINANCE Page IV-7 ~~
3. 4. 5 . 6. 7. 8 . Electricitv: There shall be nu electromagnetic interference that adversely affects, at any point, the operation of any equipment other than tnat belonging to the
creator of such interference, or that is not in conformance with the regulations of the Federal Communications Commission. Glare: No use shall produce a strong dazzling light or a reflection
of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare will not become a nuisance to adjoining properties,
adjoining districts, or streets . Radioactivitv: The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall
be in conformance with the applicable regulations of the Atomic Energy Commission. Vibration: There shall be no vibration which is discernible to the human sense of feeling beyond the
immediate site on which such use is conducted. -Fire : All site layouts and structures shall comply with the most recent B.O.C.A. Building Code. No structure and no activity on a site
or within a structure shall pose a hazard of fire for adjacent lots and/or structures. Access for fire fighting persons and equipment shall be provided for every structure on the site.
In addition, a Pennsylvania Department of Labor and Industry Permit must be obtained prior to the Borough issuing a building permit. Traffic Control: All design traffic volumes shall
be determined by accepted procedures of the Pennsylvania Department of Transportation. The design hourly volume shall be used as a basis of computation. Geometric design features shall
be consistent with the design speeds and capacities of streets serving the site. Minimum stopping, turning and passing sight distances shall be determined. Grades, alignments, lanes,
slopes, clearances, and other street standards shall be consistent with the Mont Alto Borough MONT ALTO ZONING ORDINANCE Page IV-8
Subdivision and Land Development Ordinance. Traffic control devices (signs, signals, pavement markings, etc.) shall be consistent with the Manual on Uniform Traffic Control Devices,
American Association of State Highway Officials in cooperation with the Pennsylvania Highway Department of Transportation. Anticipated traffic generation shall not exceed the design
volume of the street or streets serving the site and surrounding area, unless appropriate provisions to upgrade and to construct necessary street improvements consistent with Mont Alto
Borough Street Specifications. 9. Storaae of Exulosives or Flammable Substances and Waste DiSDOSal: a. No highly flammable or explosive liquids, solids or gases shall be stored in bulk
above the ground except in structures according to Commonwealth and Federal Specifications. b. All outdoor storage facilities for fuel shall be enclosed by an approved safety fence to
prevent access thereto by unauthorized individuals. c. All materials or wastes which might cause fumes, constitute a fire hazard, or attract rodents or insects may only be stored if
enclosed in buildings or containers which are adequate to eliminate such hazards. d. No materials, fuels, wastes, or flammable substances may be deposited or stored on a lot in such
a manner as to allow them to be transferred off the lot by natural causes or forces. No substances, including but not limited to gasoline, oil, waste oil, and chemicals which can contaminate
a stream or water course or render such stream or water source unusable or undesirable as a source of water supply, recreation or which will destroy or damage aquatic life shall be stored
in such a location so that it could be introduced into the said stream or water course by natural causes or forces, or by rupture or storage containers or accidental discharge. 10. Noise
Control: The sound level of any industrial use shall not exceed, at any point along the boundary of the lot on which the use is to be undertaken, Federal Standards or recommended decibel
levels in the designated octave bands, except for MONT ALTO ZONING ORDINANCE Page IV-9
11. 12 . emergency alarm systems. Sound levels shall be projected in accordance with similar or identical operations or uses and shall be measured with a sound level meter and associated
octave band analyzer manufactured in accordannc with standards prescribed by the 2 Terican Standards Association. Measurements shall be meie using the same measuring system which may
now or hereafter be utilized by the United States Government for this purpose. Dust, Fumes, VaDor, and Gas Control: The emission of dust, dirt, flyash, fumes, vapors, or gases which
cause any damage to human health, to animals or to vegetation or other forms of property, or which can cause soiling or staining of persons or property at any point beyond the lot line
of the use creating such emission is hereby prohibited. No emission of liquid or solid particulate matter from any chimney or stack or otherwise shall exceed .03 grains per cubic foot
of the covering gas at any point beyond the lot line of the use creating the emission. Identical processes or facilities may be compared to determine compliance with this Subsection.
For measurement for the amount of particles discharged as set forth above, measurement procedures shall follow those then employed by the Pennsylvania Department of Environmental Resources
for similar or identical measurements. Liuuid and Solid Wastes: No operation shall discharge wastes of any kind into a surface water or a groundwater source. All methods of waste disposal
shall be approved by the Pennsylvania Department of Environmental Resources and shall be in accordance with the Franklin County Municipal Waste Management Plan as adopted in 1991. Such
evidence of approval shall be provided. SECTION 4.4 INSTITUTIONAL DSSTRICT (INST) A. There shall be no minimum l o t area or width for proposed new buildings. Also, there shall be no
lot coverage limitation, except to reserve required yards and that a portion of the lot shall be required for off-street parking and loading. B. Front yard shall be at least seventy-five
feet (75') to the street or driveway centerline or fifty feet (50') to the right-of-way line, whichever is greater and a minimum distance from any side or rear property line of seventy-five
feet (75' ) from principal building and twenty-five feet (25') from any other structure, including off-street parking area. C. No building shall exceed forty-five feet (45') in height.
MONT ALTO ZONING ORDINANCE Page IV-10
ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS
I ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS I II I I I I I I I I I I I I SECTION 5.1 ACCESSORY BUILDING AND STRUCTURE REGULATIONS A. B. C. Do E. An accessory building in a residential
district and not attached to the principal structure may be located in any required side or rear yard provided: 1. Such a building shall not exceed the height of the principal structure
and a maximum of fifteen feet (15'). 2. Such buildings shall be set back five feet ( 5 ' ) from any side or rear lot line. 3. All such buildings in the aggregate shall not occupy more
than thirty percent (30%) of the area of the required rear or side yard. 4. It is not erected within five feet (5') of any other building . Accessory buildings constructed at the same
t h e 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. Accessory buildings for principal uses other
than residential uses shall not be located closer than ten feet (10' ) to any side or rear property line abutting a residential district or lot used for residential purposes. When an
accessory structure is attached to the principal building, it shall comply in all respects with the requiremeent of this Ordinance applicable to the principal building. No accessory
building shall project nearer to the street on which the principal building fronts the minimum building setbaac distance for the principal building. SECTION 5.2 HEIGHT REGULATIONS A.
Where a lot has frontage on two (2) or more streets or other public rights-of-way, the height limitation shall apply only as measured from the curb level along the street or way with
a higher elevation above sea level. B. Chimneys, flues, towers, belfries, water tanks, ventilators, spires, cupola domes, pole mats, antennas (not including satellite dish antennas),
barns and silos shall be exempt from the height limitations of this Ordinance. Any appurtenant structure usually required to be placed above the roof level and not intended for human
occupancy, shall be exempt. MONT ALTO ZONING ORDINANCE I D Page V-1 . . . ..
SECTION 5.3 YARD AND LOT REGULATIONS I I A. E. C. D. On Corner Lots: Front yards are required on both street frontages, and one (1) yard other than the front yard shall be deemed to
be a rear yard, and the other (or others) side yards. No obstructions to vision exceeding thirty inches (30") in height above curb level shall be erected or maintained within a seventy-five
foot (75') clear sight triangle formed by the centerline of intersecting streets. Front-Yard ExcePtioa: No proposed dwelling need have a set-back greater than the average of the two
(2) existing dwellings with the greatest set-backs located within one hundred feet (100') on each side of the said proposed dwelling, on the same side of the street, within the same
block, and the same district. However, in no event shall the front yard be less than ten feet (10'). Proiections Into Required Yards: Open patios may be located in side and rear yards
provided, if located closer than five feet ( 5 ) to any adjacent property line, they s h a l l be screened in accord.ance with the provisions of this Ordinance. In case of a corner lot,
no patios or porches shall extend into the required yard adjoining each street frontage. Existinu Small Lots: A lot owned individually and in separate ownership from any adjoining tracts
of land on the effective date of this Ordinance, which has a total lot area or dimension(s) less than prescribed in this Ordinance, may be used provided such lot shall be developed in
conformity with all applicable district regulations other than the minimum l o t area, and setback requirements. Existing small lots meeting the above stipulations shall comply with
the following: 1. Side yards shall be minimum of five feet ( 5 ' ) -2. Rear yards shall be a minimum of ten feet (10'). 3. Front yards shall be in accordance w i t h Section 5.3.B. MONT
ALTO ZONING ORDINANCE Page V-2 I I I I I I I I I I I I I I I I I 1 I
II 'I I 1 I 1 I I 1 i I II i I I E. F. Throush Lots: Where a lot extends through from street to street, the applicable front yard regulations 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. Waiver Of Yards:
No side yard or rear yard shall be required where such yard abuts an abandoned railroad right-of-way. SECTION 5.4 PRIVATE OUTDOOR SWIWWING POOLS A building permit shall be required for
the installation or construction of a private outdoor swimming pool (including above ground pools) on the same lot as the principal residence subject to the following conditions: A.
Such pool may be constructed in the rear yard, but not in the required side yard or front yard. B. The water edge of such pool shall be located fifteen feet (15') from all property lines.
C. Any such pool with a surface of one hundred and fifty square feet ( 150 Sq. Ft. ) or more or a depth in excess of two feet (2 * ) shall be completely surrounded by a fence or wall
that is not less than four feet ( 4 ' ) in 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 feet ( 3 1/2') 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. SECTION 5.5 PARKING REGULATIONS A. Schedule of Parkinq Requirements:
Accessory off-street parking spaces shall be provided for any use as specified below. Any land which is developed as a unit under single ownership and control shall be considered a single
lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed shall
be determined by the Planning Commission, if applicable, upon consideration of all factors entering into the parking needs of each such use. Except in case of residential dwellings,
no parking area shall contain less than three (3) spaces. MONT ALTO ZONING ORDINANCE Page V-3
FOR: MINIMUM PARKING SPACE: Supermarkets, furniture One (1) space per 300 square feet or appliance stores, of floor area. offices, retail businesses and service establishments Restaurants,
taverns and night clubs Professional offices and clinics Motels, hotels, boarding houses, rooming houses and dormitories Theaters and auditoriums Social haiis, ciubs and lodges Automobile
sales and service garages Schools Hospitals and nursing homes MONT ALTO ZONING ORDINANCE One (1) space for every 2.5 seats. Five (5) spaces for each professioona person unless the applicant
can satisfactorily demonstrate a need for fewer spaces, but in no case less than five (5) spaces. One (1) space for each sleeping room and one (1) for each employee. One (1) space for
every 3.5 seats. One (1) space per 3.5 seats. One (1) space per 400 square feet of floor area. Three (3) spaces per classroom plus one (1) space for each five (5) seats in any place
of assembly. One (1) space for each three (3) beds plus one (1) for each employee. Page V-V-4 I I I I
1 I 1 I I I I 1 I I I I 1 1 I 1 I I 1 FOR: MINIMUM PARKING SPACE: Bowling alleys Three (3) spaces for each alley. Residential dwellings Two (2) per dwelling unit. Funeral homes and mortuaries
One (1) space for each five (5) seats Warehouses, manufacturing One (1) space for each 1,000 square plants and laboratories feet of floor area plus One (1) space for every three employees
on the maximum shift. Churches, libraries and One (1) space per 200 square feet places of public assembly of floor area but not less than one (1) space for every 3.5 seats. Barber and
beauty shops Two (2) spaces for each service chair, and one (1) space for each employee. Service stations Two (2) spaces per each bay. €3. Areas Computed As Parkinq Spaces: 1. When computing
the space available for required parking, all land within the street right-of-way shall be excluded. 2. Areas which may be computed as open or enclosed offstrree parking spaces include
any private garage, carport, or other area available for parking, other than a street or driveway. 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. C. Size Of Spaces: Minimum parking stall width shall be nine feet (9') and minimum length shall be eighteen feet (18' ) . All parking aisles
shall have a minimum width of twenty-five feet (25' ) for 90" degree parking, and a minimum width of twenty feet (20') for two-way angle parking. One-way angle parking shall have a minimum
aisle width of fifteen feet (15'). MONT ALTO ZONING ORDINANCE Page V-5
D. Circulation for Dead End Parkins Lots: All dead end parking lots shall be designed to provide sufficient back up area for the end stalls. Parking areas shall be designed so that each
vehicle may proceed without requiring the moving of any other vehicle. In no case shall parking areas be designed to require or encourage vehicles to back onto a public street. E. Drainacre
And Surfacinq All parking areas shall be surfaced with an asphaltic or Portland Cement excepting single family residential uses and duplex units which shall have a 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. F. Minimum Distances:
No off-street parking shall be closer than ten feet (lo') to the principal structure or closer than ten feet (lo') to any side or rear lot line. G. Screeninq: Parking areas shall be
physically separated from any public cartway by a minimum of a five foot (5') planting strip. SECTION 5.6 STORAGE OF DISMANTLED OR NOW-OPERABLE VEHICLES The storage of dismantled or
non-operable vehicles as defined in this Ordinance shall be only in enclosed buildings on residential lots and shall be adequately screened when stored on commercial or industrial lots.
SECTION 5.7 HOMEOWNERS ASSOCIATION Whenever a developer or owner proposes to provide land or structures for the exclusive benefit of the particular homeowners of a project such as common
open space and active play areas, a Homeowners Association shall be established and the Borough Council shall retain the right to review the Articles of Incorporation and all Declarations
of Covenants, Conditions, and Restrictions of the Home Association. MONT ALTO ZONING ORDINANCE Page V-6 I
1 I 1 I 11 II B 1 1 1 I I 1 1 iI SECTION 5.8 SIGN REGULATIONS Signs may be erected and maintained only when in compliance with the following provisions. A. General Reaulatione ADnlvinu
To A l l Sians: 1. No sign shall be located in the established right-of-way of any street. 2. No sign shall exceed twenty feet (20') in height. 3. Only one (I) outdoor sign per street
frontage shall be permitted. For purposes of advertising, acustomary home occupation, professional office or studio used in conjuncctio with a dwelling, such sign area shall not exceed
four square feet (4 Sq. Pt.) in area. 4. Signs shall not project beyond property lines. 5. All signs shall be removed within thirty (30) days after the circumstances leading to their
erection no longer apply.After the thirty (30) day period, the Borough may remove any such signs and charge the property owner for the costs incurred. 6. Signs erected in violation of
these provisions shall be removed upon written notice by the Borough. Failure to remove such signs shall constitute a violation of this Ordinance and in addition to the penalties contained
herein, the Borough may charge the owner for the cost of Borough removal of such signs. B. Sicrns Permitted As An Accessorv To Commercial And Industrial -use0 t 1. Size of Siuns -No
sign shall have a sign area of more than forty square feet (40 Sq. Ft.), except that where only one (1) surface of such sign is visible, the sign area may be increased by fifty percent
(50%). Number And Location -Signs shall be parallel to the face of the building and shall not project more than eighteen inches (18") beyond the face of the building. Provided, however,
that whenever a building is located more than thirty-five feet (35') from the right-of-way, one (1) free standing sign shall not be located closer than ten feet (10') to any right-of-way.
2. C. Prohibited Siqns: 1. Signs, advertisements, etc., which simulate official directional or warning signs erected by a Municipality or public utility. MONT ALTO ZONING ORDINANCE Page
V-7
1 2. 3. 4. 5. 6. Signs erected within a seventy-five foot (75') clear sight triangle of intersecting streets. Signs which use a series of two (2) or more free standinq signs placed parallel
to the roadway carrying a single advertising message, part of which is contained on each sign. Signs illuminated by flashing, intermittent, rotating light which beams upon a public street
or adjacent premises so as to cause a traffic hazard or nuisance. Signs illuminated by neon shall also be prohibited. Signs placed upon the roof of a building. Billboards or similar
outdoor advertising signs which advertise products or businesses not connected with the site or building shall be prohibited. D. Pendts For Erection Of A Siun: All business identification
signs as permitted in the Commercial and Industrial Districts shall obtain a building permit prior t o erection. SECTION 5.9 FENCES, W A t L S , AND HEDGES Notwithstanding other provisions
of this Ordinance, screening may be permitted in any required yard, or along the edge edge of any yard, provided that no fence, wall or hedge along the sides or frontage of the front
yard shall be more than two and one-half feet (2 1/2*) in height. SECTION 5.10 -LEORTE C TION OF MORE THAN O#E PRINCIPAL STRUCTURE ON A In any district, more than one (1) structure housing
a permitted or permissible principal use, may be erected on a single lot, provided that all other requirements of this Ordinance shall be met for each structure as though it were on
an individual lot. SECTION 5.11 STRUCTURES
TO HAVE ACCESS Every building hereafter erected or moved shall be on a lot adjacent to a public street, or be accessible to an approved privaat street. All structures shall be so located
on-lot in such a way as to provide safe and convenient access for servicing, fire protection, and required off-street parking. MONT ALTO ZONING ORDINANCE Page V-8
SECTION 5.12 PARKING, STORAGE. OR USE OF RECREATIONAL VEHICLES No recreational vehicle shall be parked or stored on any lot in any residential district except in a carport or enclosed
building, or behind the nearest portion of a building to a street, provided, however, that such equipment may be parked anywhere on residential premises for a time not to exceed 24 hours
during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not improved
for such use. Visitors are allowed for five (5) calendar days per year in a recreational vehicle. SECTION 5.13 INDIVIDUAL XOBILEROMBS A. All individual mobilehomes shall erect an enclosure
of compatible design and material around the entire base of the mobilehome. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. B.
All individual mobilehomes shall be in accordance with the anchoring requirements of Section 512 of the Borough’s Subdivision and Land Development Ordinance. SECTION 5.14 ACCESS DRIVES
The following requirements are applicable to all Borough developments being provided access. A. B. C. Within ten (10) feet of the street right-of-way line, access drives may not exceed
twenty (20) feet in width or be less than ten (10) feet in width. However, in no case shall an access drive be less than ten (10) feet or greater than twenty (20) feet in width for a
residential use and no less than twenty (20) feet or greater than thirty (30) feet in width for commercial, industrial and institutional uses. The number of access drives may not exceed
two (2) per residenntia lot or use on any one street frontage. The Zoning Hearing Board may grant permission, through a variance, for additional access drives where required to meet
exceptional circumstances and where frontage of unusual length exists. An access drive shall be located in safe relationship to sight distance and barriers to vision. The drive may not
exceed a slope of five (5) percent within twenty-five (25) feet of the street right-of-way line. MONT ALTO ZONING ORDINANCE Page V-9
D. Access drives shall be constructed as follows: 1. Entrance to the street shall be at an angle of eighty (80) to one-hundred (100) degrees with the intersecting street. 2. All curb
cuts shall be properly constructed to the satisfaction of the Borough Engineer when curbing is provided; if curbing is not provided, an adequate drainpipe shall be installed under a
driveway where it crosses a street gutter or drainage ditch, as determined by the Borough Engineer. 3. Each driveway shall be constructed with adequate provisions for drainage and in
accordance with Figure 1, MONT ALTO ZONING ORDINANCE Page V-10
FIGURE I DRIVEWAY CONSTRUCTION SPECIFICATlON WITHOUT HIGHWAY CURE DRIVEWAY IN CUT SECTION (3 EDGE OF SHOULDER I I OR EQUIVALENT THEREOF 0 DRIVEWAY IN VALLEY GUTTER GRADIENT I /2" TO
I 1/2" PER FT. L ORI~EWAY GRADIENT 112 TO 11/2 PER FT DRIVEWAY IN FILL SECTION WITH HIGHWAY CURB DRIVEWAY WITH HIGHWAY EDGE CUR6 DRIVEWAY GRAOIENT u ~ ~ ~ ~ D 7 SIDEWALK SPACE TO I 112
" PER FT. DIFFERENCE BETWEEN GRADIENT OF DRIVEWAY AND CROSS SLOPE OF PAVEMENT SHOULD NOT EXCEED I PER FT. MONT ALTO ZONING ORDINANCE Page V-ll
ARTICLE. VI NONCONFORMING USES AND STRUCTURES
, 1 I 11; ARTICLE VI NONCONFORMING USES AND STRUCTURES SECTION 6.1 NONCONFORMING USES AND STRUCTURES A. A non-conforming use is any use, whether of a building or tract of land or both,
existing on the effective date of this Ordinance which does not conform to the U s e Regulations of the District in which it is located. B. The following provisions shall apply to all
buildings and uses existing on the effective date of this Ordinance which do not conform to the requirements set forth in this Ordinance or its predecessor and to all buildings and uses
that become nonconfoormin by reason of any subsequent amendment to this Ordinance. Any non-conforming use of buildings or land may be continued provided that any such use: 1. Shall not
be enlarged, altered, extended, reconstructed, or restored, except as provided herein, or placed on a different portion of the lot or parcel of land occupied by such uses on the effective
date of this Ordinance without approval by the Zoning Hearing Board. a) Any modification shall shall take place only on the lot or contiguous lots held in the same ownership as that
existing at the time the uses became nonconfoormin . b) Any modification shall conform with the area, building height, parking, sign and other requirements of the district in which said
modification is located. c) The proposed alteration shall not exceed 25 percent of the gross floor area occupied by the nonconformiin use at the time of the enactment of this Ordinance.
d) The proposed alteration will not cause an increased detrimental effect on the surrounding neighborhood. 2. Shall not be moved to another location where such use would be non-conforming.
3. Shall not be changed to another non-conforming use without approval by the Zoning Hearing Board and then only to a use which, in the opinion of the Zoning Hearing Board is of the
same or of a more restricted nature. MONT ALTO ZONING ORDINANCE Page VI-1
4. Shall not be reestablished if such use has been discontinued for any reason for a period of one (1) year or more, or has been changed to, or replaced by, a conforming use. Intent
to resume a noa-c~nf~rmiru~sge shall not confer the right to do so. 5. Shall not be restored for other than a conforming use after damage from any cause, unless the non-conforming use
is reinstated within one (1) year of such damage; if the restoration of such building is not completed within the said one (1) year period, the non-conforming use of such building shall
be deemed to have been discontinued, unless such non-conforming use is carried on without interruption in the undamaged portion of such building. A non-conforming building is any building
which does contain a use permitted in the District in which it is located, but does not conform to the District Regulations for: Lot area, width, or depth; front, side or rear yards;
maximum height; lot coverage; or minimum livable floor area per dwelling unit. C. I). Nothing in this Article shall be deemed to prevent normal maintenance and repair, structural alteration
in moving, reconstruction, or enlargements of a non-complying building provided that such action does not increase the degree of or create any new non-conformity with regards to the
regulations pertaining to such buildings. SECTION 6.2 REPAIRS AND MAINTENANCE Notwithstanding any of the above regulations, nothing in this Article shall be deemed to prevent normal
maintenance and repair of any use or building, or the carrying out upon the issuance of a building p e d t or major structural alterations or demolitions necessary in the interest of
public safety. In granting such a building permit, the Borough shall state the precise reason such alterations were deemed necessary. SECTION 6.3 REGISTRATION OF NON-CONFORMING USES
All lawful uses existing at the effective date of this Ordinance which do not conform to the requirements set forth in this Ordinance, or any amendments thereto, shall be identified
by the owner and registered with the Borough. MONT ALTO ZONING ORDINANCE Page VI-2
ARTICLE VI1 ADMINISTRATION AND ENFORCEMENT
I I I I I I I I I I I I I I I I I I 1 ARTICLE VI1 ADMINISTRATION AND ENFORCEMENT SECTION 7.1 DUTIES OF ZONING OFFICER A. It shall be the duty of the Zoning Officer, who shall be appointed
by the Borough Council to enforce the provisions of this Ordinance and all rules, conditions, and requirements adopted or specified pursuant thereto. B. The Zoning Officer or his duly
authorized assistant(s) 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: 1. The
Zoning Officer shall notify the Owner and Tenant before conducting any inspection. 2. The Zoning Officer or his or her duly authorized assistant(s) shall display identification signed
by the Borough Council commencing an inspection. 3. Inspections shall be commenced in the presence of the Owner or his representative or tenant. 4. If the Zoning Officer shall find that
any of the provisions of this Ordinance are being violated, he or she shall notify, in writing, the person, persons, or corporation responsible for such violations indicating the nature
of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal uses of land, buildings, or structure; removal of illegal buildings,
structures, additions, modifications, alterations, or other structural changes; discontinuance of any illegal work being done; or, shall take any other action authorized by this Ordinance
to insure compliance with or to prevent violations of its provisions including, but not limited to, instituting civil enforcement proceedings. The Zoning Officer shall maintain files,
open to the public, of all applications for building permits along with plans submitted therewith as well as final permits. The Zoning Officer shall also maintain records, open to the
public, of every complaint of a violation of the provisions of this Ordinance as well as action taken as a result of such complaints. C. D. MONT ALTO ZONING ORDINANCE Page VII-1
E. The Zoning Officer shall submit to the Borough Council for insertion in the minutes, a written report summarizing for the month all building permits and certificates of occupancy
iswed by hi^ or her as well as complaints of violstions and action taken as a result of such complaints. SECTION 7.2 BUILDIHG PEWITS No building in any District shall be moved, added
to, erected, reconstructed, or restored, or structurally altered without a building permit duly issued upon application to the Borough of Mont Alto. No building permit shall be required
for normal maintenance and repairs as defined in the rules and regulations as adopted by resolution. No building permit shall be issued unless the proposed construction of use is in
f u l l conformity with all the provisions of this Ordinance. Any building permit issued in violation of the provisions of this Ordinance shall be null and void and of no effect without
the necessity for any proceedings or revocations of nallification thereof; and any work undertaken or use established pursuant to any such permit shall be unlawful. A. Every application
for a building permit shall contain the following information and be accompanied by the required fee and by a plot plan and signed by the person responsible for such drawing. If no such
plot plan is available, a survey is required. It shall be drawn to scale and submitted in triplicate. 1. 2. 3. 4 . 5. The actual shape, dimensions, radii, angles, and area of the lot
on which the building is proposed to be erected, or the lot in which it is situated if an existing building. The block and lot numbers as they appear on the latest tax records. The exact
size and locations on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot. The dimensions of all yards
in relation to the building and the distances between such building and any other existing buildings on the same lot. The existing and intended use of all buildings, existing or proposed,
the use of land, and the number of dwelling units the building is designed to accommodate. MONT ALTO ZONING ORDINANCE Page VII-2 I I I I I I I I 1 I I I I I I I I 1 I
I I 1 I I I I I I I 1 I I I 1 I I I I B. C. D. E. F. G. 6. Such topographic or other information with regard to the building, the lot, or neighborhood lots as may be necessary to determine
that the proposed construction will conform to the provisions of this Ordinance. No building permit shall be issued for the construction or alteration of any building upon a lot without
access to a public street or highway. No building permit shall be issued for any building where the Site Plan of such building is subject to approval by the Borough Council, except in
conformity with the plans approved by the Borough Council. No building p e d t shall be iseued for a building to be used for any Special Use in any District where such use is allowed
only by’ approva&.of theBorouglnCounci1 unlessvan&:untfki sa& approval has been duly granted by the Borough Council. The building permit application and all supporting documentatiio
shall be made in triplicate. On the issuance of a building permit, the Zoning Officer shall return return one (I) copy of all filed documents to the applicant. The Borough shall, within
ten (10) working 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 and the manner in which the application can be corrected and/or modified to obtain the required approval. Work on proposed construction
and/or development shall begin within six (6) months and shall be completed within twelve (12) months after the date of issuance of the building permit or the permit shall expire unless
a time extension is granted, in writing, by the Zoning Officer. Construction and/or development shall be considered to have started with the preparaatio of land, land clearing, grading,
filling, excavation of basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed sub-surface footings, or the installation of
sewer, gas and water pipes, or electrical or other service lines from the street. Time extensions shall be granted only if a written request is submitted by the applicant, which sets
forth sufficient and reasonable cause for the Zoning Officer to approve such a request. The Borough may authorize in writing an extension of six (6) months. MONT ALTO ZONING ORDINANCE
Page VII-3
H. The holder of a building permit shall notify the Zoning Officer after the foundation is staked in the field and before excavation is begun for approval of the building's location.
I. No building permit shall be issueti by the Zoning Officer except in conformity with the provisions of this Ordinance, unless written orders are received from the Zoning Hearing Board
in the form of an appeal, special exception, or variance as provided by this Ordinance and the Laws Governing Planning and Zoning. SECTION 7.3 -FEES The Borough Council has set fees
through an official fee schedule resolution for all applications, permits, or appeals provided for by this Ordinance to defray the costs of advertising mailing notices, processing, inspecting,
and copying applications, permits, and use certificates. The fee schedule shall be available at the Borough Offices for public inspection. SECTION 7.4 CONSTRUCTION AND USE TO BE AS PROVIDED
IN APPLICATIOONS PLANS AND PERMITS: Building permits issued on the basis of plans and applications approved by the Zoning Officer authorize only the use, arrangement, and construction
set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized permit shall be
deemed violation of this Ordinance and punishable as provided by this Ordinance heretofore. SECTION 7.5 COMPLAINTS AND ENFORCEMENT Whenever a violation of this Ordinance occurs, or is
alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and bases thereof, shall be filed with the Zoning Officer. This Ordinance
shall be enforced by the designated Borough Zoning Officer. No permit of any kind, as provided in this Ordinance, shall be granted by him for any purpose except in compliance with the
provisions of this Ordinance. SECTION 7.6 ENFORCEMENT NOTIFICATION If the Zoning Officer shall find that any of the provisions of this Ordinance are being violated, he shall notify,
in accordance accordance with Section 616.1 of the Pennsylvania Municipalities Planning Code, and in writing the person responsible for such violation, indicating the nature of the violation,
and order the action necessary to correct it. Such violation shall be corrected within sixty (60) days of issuance of the enforcement notice. MONT ALTO ZONING ORDINANCE Page VII-4 I
I I I I I 1 I I I I I I 1 I I I 1 I
I 1 1 1 1 1 1 I I I i I I I I il SECTION 7.7 ENFORCEMENT REMEDIES A. Any person, partnership or corporation who or which has violated the Provisions of this Ordinance or of Act 17Q of
1988, upon being found liable thereof in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than five hundred dollars ($500.00) plus 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 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 determines that there was good faith basis for the person, partnership, or corporation violating
the Ordinance who believed that there was no such violation, in which event there shall be be deemed to have been only one such violation until the fifth 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. All judgments, costs, and reasonable attorney
fees collected for the violation of the Zoning Ordinance shali be paid over to Mont Alto Borough. Nothing contained in this Section shall be construed or interpreted to grant any person
or entity other than the Borough the right to commence any action for enforcement pursuant to this Part. B. 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 Part, the Borough or, with the approval of the Borough, 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 to the Borough Council. No such action may be maintained until such notice has been given. C. District Justices
shall have initial jurisdiction over proceedings brought under Subsection A and B above. MONT ALTO ZONING ORDINANCE Page VII-5
ARTICLE VI11 ZONING HEARING BOARD
I I I I I I I I I I I I I I I I I I ARTICLE VI11 ZONING HEARING BOARD SECTION 8.1 CREATION AND APPOINTMENT OF BOARD The membership of the Board shall, upon the determination of the governing
body, consist of either three ( 3 ) or five (5) residents of the Borough appointed by the resolution of the governing body. The term of office of a three ( 3 ) member board shall be
three ( 3 ) years and shall be so fixed that the term of office of one (1) member shall expire each year. The terms of office of a five ( 5 ) member board shall be five ( 5 ) years and
shall be so fixed that the term of office of one member of a five member board shall expire each year. If a three ( 3 ) member board is changed to a five ( 5 ) member board, the members
of the existing three ( 3 ) member board shall continue in office until their term of office would expire under prior law. The governing body shall appoint two (2) additional members
to the Board with terms scheduled to expire in accordance with the provisions of this section. The Board shall promptly notify the governing body of any vacancies which occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Borough. The governing body may appoint by resolution at
least one (I) but no more than three ( 3 ) residents of the Borough to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated
pursuant to the provisions of Section 906, of Act 170, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided
by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in Act 170 and
as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer. Any alternate may participate
in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member. SECTION 8.2
ORGANIZATION OF ZONING HEARING BOARD The Zoning Hearing 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 Zoning Hearing Board. The Zoning Hearing 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 Zoning Hearing Board as provided in Section 8 . 3 . MONT
ALTO ZONING ORDINANCE Page V I I I -1 i l
If by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Zoning Hearing Board shall designate as many alternate members of said Board to
sit on this Board as may be needed to provide a quorum. Any alternate member of the Zoning Hearing Board shall continue to serve this Board in all proceedings involving the matter or
case for which the alternate was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case. Designation of an alternate pursuant to this
Section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. The Zoning Hearing Board may, make, alter, and rescind rules and forms
for its procedure, consistent with Ordinances of the Township and Laws of the Commonwealth of Pennsylvania. The Zoning Hearing Board shall keep full public records of its business and
shall submit a report of its activities to the Borough Council once a year. SECTION 8.3 PUBLIC HEARINGS A. A. Notice: Conduct of meetinq: Public notice shall be given and written notice
shall be given to the applicant, the Zoning Officer, such other persons as the Borough Council shall designate by Ordinance and to any person who has made timely request for the same.
Written notices shall be given at such time and in such manner as shall be prescribed by Ordinance or, in the absence of Ordinance provision, 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 week prior to the hearing . The governing body
may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing
Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The cost, however, shall not include legal expenses of the Zoning Hearing Board,
expenses for engineering, architectural or other technical consultants or expert witness costs. The hearing shall be held within 60 days from the date of the applicant's request, unless
the applicant has agreed in writing to an extension of time. MONT ALTO ZONING ORDINANCE Page VIII-2 I I I I I I I I I I I I I I I I I I
I I I I I I I I 1 /I I I I I 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. The Board or hearing officer shall not communicate, directly or indirectly, with any party
or his representatives in connection with any issues 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 the 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. Formal rules of evidence shall
not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. B. Representation: Statements: 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. 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. C. Witnesses:
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-paper, including witnesses and documents requested by the parties. 0. Decision Procedure: 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 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 MONT ALTO ZONING ORDINANCE Page VIII-3
therefore. Conclusions based on any provisions of Act 170 or of any Ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion
is deemed appropriate 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 to the parties within 45 days and the parties shall be entitled to 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 30 days after the receipt 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 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 said decision in the same manner as provided
in subsection (A)
of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application
to appeal the decision to a court of competent jurisdiction. A copy of the final decision, or where no decision is called for, or the findings shall be delivered to the applicant personally
or mailed to him no 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. E . Records: The Board
or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the
Board. The cost of the original 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 t h e person requesting such copy or copies. In other cases the party requesting the original transcript shall bear
the cost thereof. MONT ALTO ZONING ORDINANCE Page VIII-4 1 I D I I I I I 1 I 1 I I I I I I I I
SECTION 8.4 ZONING HEARING BOARD'S FUNCTIONS 1 1 I 1 I I 1 /I I I I A. APReals From The Zoninq Officer: The Zoning Hearing Board shall hear and decide appeals 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 thereof, the issuance of any cease and desist order, or
the registration or refusal to register any nonconforming use, structure, or lot. B. Challenae To The Validitv Of This Ordinance Or Map: The Zoning Hearing Board shall hear challenges
to the validity of This Ordinance or Map, pursuant to the provisions of the Pennsylvania Municipalities Planning Code (Act 247, 1968) as amended. In all such challenges, the Zoning Hearing
Board shall take evidence and make a record thereon as provided in Section 8 . 3 . At the conclusion of the hearing, the Board shall decide all contested questions of interpretation
and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court. C. Variances : The Zoning Hearing Board shall hear requests for variarices
where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may grant a variance provided that the following
findings are made where relevant in a given case: 1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape,
or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances
or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood-or district in which the property is located. 2. That because of such physical circumstances
or conditions, the property cannot be reasonably developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is, therefore, necessary
to enable the reasonable use of the property . MONT ALTO ZONING ORDINANCE Page VIII-5
I 3. 4. 5 . 6. That such unnecessary hardship has not been created by the appellant. That the variance, if authorized, will not alter the essential character of the neighborhood or district
in which the property is located, nor substantially or permanently inpair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. That the
variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. In granting any variance,
the Zoning Hearing Board nay attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Zoning Ordinance. D. Special Exceptions: Where
the Borough in This Zoning Ordinance, has stated special exceptions to be granted or denied by the Zoning Hearing Board Pursuant to express standards and criteria, the Zoning Hearing
Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Zoning Hearing Board may attach
such reasonable conditions and safeguards, in addition to those expressed in the Ordinance, as it may deem necessary to implement the purpose of This Zoning Ordinance. The Zoning Hearing
Board may authorize by special permit those uses which are permitted by This Ordinance as a special exception as set forth in certain sections prescribing district use regulations, where
such uses are deemed desirable or essential to the public convenience or welfare, and they are in harmony with elements and objectives of the basic plan prepared for the Borough of Mont
Alto to form a foundation for This Ordinance. Such permits may be granted only by Zoning Hearing Board after public notice and hearing on any application for a special permit. MONT ALTO
ZONING ORDINANCE Page VIII-6 1 I 1 1 1 I i I I 1 1 I I I I
1 /I I /I I 1 1 I 4 E. Parties Appellant Before Zonins Hearins Board: Appeals under Section 8.4 .A. and proceedings to challenge This Ordinance under Section 8.4.B. may be filed with
the Zoning Hearing Board, in writing, by the landowner affected or any officer of agency of the Borough, or any person aggrieved. Requests for a variance under Section 8.4.C. and for
special exceptions under Section 8.4.D. may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner. SECTION 8.5 TIME LIMITATIONS
The time limitations for raising certain issues and filing certain proceedings with the Zoning Hearing Board shall be the following: No person shall be allowed to file any proceeding
with the Zoning Hearing Board later than thirty (30) days after any application for development, preliminary or final, has been approved by an appropriate Borough Officer, Agency, or
Body is such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that they had no notice, knowledge, or reason to believe
that such approval had been given, if such person has succeeded to his interest after such approval he shall be bound by the knowledge of his predecessor in interest. The failure of
anyone other than the landowner to appeal from an adverse decision on a preliminary plan, or from an adverse decision by a Zoning Officer on a challenge to the validity of This Ordinance
or Map shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative or preliminary approval. SECTION
8.6 STAY OF PROCEEDINGS Upon filing of any proceeding referred to in Section 8.4.E. and during its pendency before the Zoning Hearing 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 Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property, in which-case the development or official action shall not
be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of Zoning Appeals on petition after notice to the
Zoning Officer or other appropriate agency or body. MONT ALTO ZONING ORDINANCE Page VIII-7
When an application for development, preliminary or final, has been duly approved and are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition
the Court having jurisdiction of Zoning Appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board. The question whether
or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. SECTION 8.7 FEES A. All filing fees shall be paid at the time of
application and be in accordance with the Mont Alto Borough Fee schedule as duly adopted by resolution. The Zoning Hearing Board may employ legal counsel and pay an amount not to exceed
funds budgeted for legal services rendered. The Board's legal counsel shall be an attorney other than the Municipal Solicitor. The Zoning Hearing Board may also employ or contract for
and fix the compensation of experts and other staff and may contract for compensation for services services as it shall deem necessary. B. C. Reasonable fees may be set with respect
to public hearings before the Zoning Hearing Board including: compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. These costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants
or expert witness costs. D. The stenographic fee is shared equally by the Applicant and Transcripts are paid for by the party requesting In appeals the party appealing the decision pays
the Board. the copy. for the transcript. MONT ALTO ZONING ORDINANCE Page VIII-8
ARTICLE IX STANDARDS FOR CONDITIONAL USES
ARTICLE IX STANDARDS FOR CONDITIONAL USES I I I I I I I I I I 1 I SECTION 9.1 COMPLIANCE -Nothing in this Ordinance shall relieve the Owner or his or her agent, the developer or the
applicant for either a Conditional Use Permit or a Site Development Plan Approval from receiving a Subdivision Plan and/or Land Development Approval in accordance with Borough Subdivision
and Land Development Ordinance. SECTION 9.2 CONDITIONAL USE A. Objectives -On Application, and after public hearing, the Borough Council may authorize the issuance of Building Permits
for any of the Conditional Uses for which this Ordinance requires in the District in which such use is proposed to be located. In approving any such use, the Borough Council shall take
into-consideration the public health, safety and-welfare ,-the comf_o_rt and convenience of the public in qeneral, and of the residents of the immediate neQhborhood in particular, and
may p r e s i o n sand safeguards as may be ---mr_-ae xq-iu-miur-m e de-xi tne pn-rt _d _p_ oe---I srs-itbhlaet thfeu rrtehseurl gtsh eo fe xiptrse sascetdi oinn tmeanyt, otf ot thhies-Ordinance
and the-accomplis-hm ent gf__the-followingo bjectives >n particu&.r> 1. That all proposed structures, equipment, or material shall be readily accessible for fire and police protection.
That the proposed use shall be of such location, size and character that, in general, it will be in harm_on_y with the appropriate and orderly ~-.. aevelopment of the District in w h
i F E --i t is proposed to be~ _si_t_ua_t_ed_ a n d T i ~ T -T i 6 € -~ detrimental to -=e orderly development of --Zdjacen_lt__ -properties in accordance with the ZonAng ClassificatioL
of such properties-. 3. That, in addition to the above, in the case of any use located in, or directly adjacent to, a Residential District: 2. I I )n and size of SIu-c_h.. use. the naturr3
and n involved in or conducted in a connection therewith, its site layout and its __ relation to access streets shall be such that both pe destrian and vehicular traffic to and from
the _ _ I i I MONT ALTO ZONING ORDINANCE Page IX-1
B. C. D. E. F. use and assembly of persons in connection therewith will not be hazardous or inconvenlent to, _or inconqruuou with, said Residential District or con-flict-4 t h +.he normal
traffic of the neighborhood; and The location and height of buildings; the location, nature, and height of walls and fences; and the nature and extent of landscaping on t h e site shall
be such that the use will not hinder or discourage the appropriate development and use of adjacent land or buildings. ARdication -Each application for a conditional use shall be accompanied
by a proposed plan showing the size and location of the lot, the location of all buildings and proposed facilities including access drives, parking areas, and all streets within two
hundred feet ( 2 0 0 ' ) of the lot. In addition, each application shall provide plans and data that address and are in accordance with the express standards and criteria set forth in
this Article for each respective conditional use, Referral To The County Plannina Commission Commission -Any conditional use application may be referred by the Secretary of the Mont
Alto Borough Council to the Franklin County Planning Commission for review and comment at least thirty (30) days prior to said hearing by the Council. The County shall report to the
Council, in writing, its advisory opinions, findings, and recommendations on said application within thirty ( 3 0 ) days. Failure of County response within the prescribed time period
shall constitute a favorable opinion on said application by the County. Borouah Council Action -The Borough Council shall, within thirty (30) days after the date of the public hearing
on the application for conditional use approval, take final action to approve, or disapprove said conditional use application and shall so notify the applicant in writing. Conditions
and Safequards -The Borough Council may require the conditional use permits be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be
withheld only upon a determination prescribed by the Borough Council in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. In
such cases a period of sixty (60) days shall be granted the applicant for full compliance prior t o the revocation of said permit. Effect Of Conditional Use Approval -Any use for which
a conditional use permit may be granted s h a l l be deemed to be a conforming use in the District in which such use is located provided that such permit shall be deemed to affect only
the lot or portion thereof for which such permit shall have been granted. MONT ALTO ZONING ORDINANCE Page IX-2 I I I I I I I I 1 I I I I I I I I 1 I
I 1 I 1 I I I I 1 1 I I 1 I I I I I 1 SECTION 9.3 REQUIREMENTS OF SPECIAL STANDARDS Specific standards for Conditional Uses allowed in this Ordinance are set forth in this Article. These
standards ncst be met prior to the Borough Council granting a Conditional Use Permit for such uses in applicable zones. SECTION 9.4 SPECIAL REQUIREMENTS FOR CLUSTER RESIDENTIAL SUBDIVISIONS
The following modifications of minimum lot size and lot width requirements are permitted under the terms and specifications herein stated. A. Variable Lot Size Provision: The requirements
specified in Article IV, may be reduced to not less than the standards noted hereafter: R-125 Lot Area in Square Feet ............................. 10,000 Lot Width in Linear Feet ...................
........ 80 Gross Density (Lots Per Acre) ....................... 4 R-7 5 Lot Area in Square Feet ............................. 6,000 Lot Width in Linear Feet ............................
60 Gross Density (Lots Per Acre) ....................... 7 Provided that the following terms and conditions are met: 1. The lots in question are created from a tract of land under common
ownership and/or a land subdivision in accordance with the Borough of Mont Alto Subdivision and Land Development Ordinance. 2 . The Borough Council, within its discretion, may permit
lots created to be of lesser area and width than the minimum requirements for the zone in which they are located as specified above, but in no event shall more than thirty percent (30%)
of the total lots created be less than Section 4.1 lot area and related regulations. 3 . The size of corner lots shall not be reduced below the standards set forth in Section 4.1; reductions
shall be directed at interior lots. MONT ALTO ZONING ORDINANCE Page IX-3
4 . The total number of building lots in the subdivision when related to the total area of the tract shall not exceed the gross density standard (lots per acre) as outlined in this section.
5. The tract shall be developed as a single entity in coordination with common open space put aside for the benefit of all the building lots and their occupants. E. Common Open Space
Preservation Provision: Lot area and lot width as required in Article IV may be reduced by employing the use of common open space standard modifications as follows: At the acceptance
of the Borough all lands in the tract not included in proposed lots or rights-of-way may be dedicated or conveyed to the Borough of Mont A l t o to be used for one (1) or more public
purposes such as conservation, recreation, essential services, public works, administration, education, or similar land use. The proposal must further the orderly development of the
area and the proposed open space relates to the planning objectives for future land development and the provisions for public facilities and utilities in Mont Alto and Franklin County,
Any area offered to the Borough under this Subsection shall be adaptable to a public purpose use without undue public expenditure necessary to improve such land resulting from excessive
topography, adverse drainage or soil conditions, or inadequate accessibility. The standard density requirements of the Zoning District in which the modification is permitted. The owner
or owners of a tract of land approved by the Borough Council as per the recommendation of the Planning Commission, if applicable, in accordance with these modifications shall deed all
lands to the proper entity, not included in lots and streets. They shall be determic-c! by t Borough relative to their public purpose. Dedicat,on or conveyance shall be in a form and
manner acceptable to the Borough Solicitor. MONT ALTO ZONING ORDINANCE Page IX-4
' I SECTION 9.5 SPECIAL REQUIREMENTS FOR PLANNED RESIDENTIAL DEVELOPMENTS A. PurDose: 1. To encourage innovations in residential development for greater variety, efficient use of open
space, and conservation of natural features. 2. To provide greater opportunities for better housing and recreation in the Borough. To encourage a more efficient use of land and services
so that economies may benefit those who need homes. 3. 4. In the aid of the above purposes, to provide a procedure which can relate the type, design, and layout of residenntia development
to the particular site and demand for housing, in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased
flexibility of regulatiion over land development is carried out pursuant to sound, expeditious, and fair administrative standards and procedures. E. Eliqibility Reuuirements: A. Any
application for preliminary or final approval shall as a minimum meet the following requirements: 1. 2. 3. 4. The proposed Planned Residential District shall consist of one or more contiguous
parcels of land under single ownership. The proposed Planned Residential Development shall contain a minimum of ten (10) acres of land. The proposed Planned Residential Development shall
be connected to both a public water supply system and sanitary sewer system. Where either a public water or sanitary sewer system cannot be feasibly provided to the Planned Residential
Development the developer shall provide a centralized water supply system and sanitary sewer system, as approved by the Pennsylvania Department of Environmental Resources, to service
the entire development. Planned Residential Developments shall be permitted to locate only in the R-75 and R-125 Residential Districts in the Borough. MONT ALTO ZONING ORDINANCE Page
I X -5
C. Land Use Control and Density Reuuirements 1 I 1 1 1. Residential Uses: All planned residential developments shall consist of single-family detached dwellings and at least two of the
following housing styles. a. Semi-detached single-family dwellings; b. Attached single-family dwellings; c, Multiple-family dwellings; and d. Sales Office shall be permitted as an accessory
use to any residential development in excess of fifteen (15) lots or dwelling units. Any such sales office shall be houses in a building in keeping with the principal residential character
of the property and comply with the applicable sign provisions of Section 5.9 of this Ordinance, Each type of housing style shall constitute a minimum of twenty percent (20%) af the
total number 02 housing units. 2. Non-Residential Uses: The following Non-Residential Uses may be permitted in a Planned Residential Development to the extent that they are designed
and intended primarily to serve residents of the Planned Residential Development and are compatible and harmoniously incorporated into the unitary design of the Planned Residential Development,
a. Commercial uses such as retail shops or stores, service businesses and restaurants. b. Professional or business office uses, including branch banks. c. Institutional uses such as
private schools, nursery schools and child day care centers, churches, community activity centers, nursing homes, and retirement homes. 3. Land Use Density: Within the Planned Residential
Development, density shall be regulated by the following standards. MONT ALTO ZONING ORDINANCE Page IX-6 1 il
a. b. C. d. Lot Average gross residential density of the total Planned Residential Development Site shall not exceed eight (8) dwelling units per acre. The percentage of the Planned
Residential Developmeen Site to be devoted to common open space shall be no less than thirty percent (30%) of the total site area. The percentage of the Planned Residential Developmeen
Site which is to be covered by buildings, roads, parking areas, and other impermeable cover shall not exceed thirty-five percent (35%) of the total site area. Areas of commercial use
shall not exceed the following: 50 to 100 Acres -7% of Site Area 100 to 200 Acres -6% of Site Area 200 Acres and up -5% of Site Area I coverage of commercial buildings shall not exceed
thirty-five percent (35%) of the land area designated for commercial use. D. Site Analvsis 1. Natural Features Analvsis: In order to determine which specific areas of the total Planned
Residential Development Site are best suited for high density development, which areas are best suited suited for lower density development, and which areas should be preserved in their
natural state as common open space areas, the developer shall submit a Natural Features Analvsis of the following subject categories: a. Hydrology/Drainage b. Geology c. Soils d Topography
e. Vegetation MONT ALTO ZONING ORDINANCE Page IX-7
2. Community Impact Analysis: In order to determine the impact of the Planned Residential Development upon the Borough, an analysis of the potential affects of the Planned Residential
Development upon public facilities, utilities, roadway systems, solid waste disposal, police and fire protection, school facilities and school budget, recreation, and borough revenues
and expenses shall be required. Market analysis data which estimates potential market demand for various types of housing in the area of the proposed Planned Residential Development
Site shall also be presented. E. Site Desiun Requirements 1. Residential Uses: a. Dwelling unit structures shall be located and interspersed so as to promote pedestrian and visual access
to common open spaces. b. Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with the following minimums: Front to Front -60 Feet Front
to Side -40 Feet Front to Rear -60 Feet Side to Rear -40 Feet Side to Side -15 Feet Rear to Rear -50 Feet Corner to Corner -10 Feet c. Dwelling unit structures shall be located and arranged
so as to promote privacy for residents within the Planned Residential Development and maintain privacy for residents adjacent to the Planned Residential Development. Structures shall
be located within the development so that there will be no adverse impact such as excluding natural light or invading the privacy of adjacent structures. d. No building shall be erected
to a height in excess of thirty-five feet (35') provided, however, that this height limit may be increased one foot (1' ) for each additional foot that the width of each yard exceeds
the minimum required and that considerattion of fire and other safety features have been adequately accounted for. 1 MONT ALTO ZONING ORDINANCE Page IX-8 8
1 I I I 1 I I e. No structure shall be located within twenty feet (20’) of the right-of-way of collector streets. 2. Commercial Uses: a. All commercial uses shall be located in a single,
concentrated area of the Planned Residential Development. b. All commercial uses shall be located with direct access to at least a collector street. c. Commercial signs are permitted
subject to the following: 1) A single sign for the commercial center shall be permitted provided such sign face shall be limited to a height of six feet (6’) with a total area of fifty
square feet (50 sq. ft.). 2) Signs for individual uses shall be located on the face of structure and shall be no more than thirty square feet (30 sq. ft.) in area. 3) Other than requirements
a. and b. above, signs shall be subject to the requirements of this Ordinance. 3. Common ODen SDace: a. Common open space shall be designed as an integral part of the Planned Residential
Development. b. Significant natural features such as woodland areas, large trees, natural natural watercourses and bodies of water, rock outcroppings, and scenic views shall be incorporated
into common open space areas whenever possible. However, no less than twentyfiiv percent (25%) of the total common open area shall be suitable for intensive use as an active recreation
area. c. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its natural, features, size, land use intensity,
potential population, and the number and types of dwelling units to be developed. MONT ALTO ZONING ORDINANCE Page IX-9 I ‘ I
4 . Streets, Sewer and Water Utilities, Storm Drainaqe and Soil Erosion Control, Curbs and Gutters and Sidewalks: Streets, sewer and wctsr ctilifies, storm drainage and soil erosion
control, curbs and gutters and sidewalks shall be designed and improved in accordance with the requirements and standards set forth in the Borough's Subdivision and Land Development
Ordinance. Performance and maintenance guarantees and subsequent release of guarantees for all required improvements shall be in accordance with the requirements and procedures of the
Borough's Subdivision and Land Development Ordinance. 5. Off-street Parkinq: Off-street Parking Facilities shall be in accordance with Section 5.5 this Ordinance. 6. Other Utilities:
a. All streets, off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light zvsy
from adjacent residences. b. Telephone, electric, and cable television utilities shall be installed underground. 7. Tree Conservation and LandscaPinq: a. The protection of trees six
inches (6") or more in diameter (measured at a height four and one-half; feet [,*,I*] above the original grade) shall be a factor in determining the location of common open space, structures,
underground utilities, walks, and paved areas. Areas in which trees are preserrve shall remain at original grade level and undisturbed wherever possible. b. Where extensive natural tree
cover and vegetation does not exist and cannot be preserved on the Planned Residential Development Site, landscaping shall be regarded as an essential feature of the Planned Residential
Development. In these cases, landscaping shall be undertaken in order to enhance the appearance of the Planned Residential Developmeent aid in erosion control, provide protection from
wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units. MONT ALTO ZONING ORDINANCE Page I X -1 0
8. Provisions For Encouraaina The Use Of Renewable Enerav Systems And Enerqv-Conservinq Buildincr Desiun: Regulation for height and setbacks for structUrP=, buildings, other improvements;
for height and location of vegetation,
shall be adjusted, if found reasonable, to relate to renewable energy systems or their components and energy-conserving building design techniques, by the Mont Alto Borough Council.
F. OwnershiP, Maintenance, and Preservation of Common ODen Space 1. For the purpose of ownership, maintenance, and preservattio of common open space, the developer shall establiis a
Homes Association in accordance with Section 5.8 of this Ordinance. 2. In the event that the organization established to own and maintain a common open space or any successor organizatiion
shall at any time after establishment of the Planned Residential Development fail to maintain the common open space in reasonable order and condition in accordance with the development
plan, the Borough may serve written notice upon such organization or upon the residents and owners of the Planned Residential Developmeen setting forth the manner in which the organization
has failed to maintain the common open space in reasonabbl condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within thirty (30) days
thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing, the Borough may modify the terms of the
original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications
thereof shall not be corrected within said thirty (30) days or any extension thereof, the Borough, in order to preserve the taxable values of the properties within the Planned Residential
Development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. Said entry
and maintenance shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Borough, upon its
initiative or upon the request of the organization heretoffor responsible for the maintenance of the common open space shall call a public hearing upon notice to such organization, or
to the residents and owners of the Planned Residential Development, to be held by the MONT ALTO ZONING ORDINANCE Page IX-11
3. 4. Borough, at which hearing such organization or the residents and owners of the Planned Residential Developmeen shall show cause why such maintenance by the Borough shall not, at
the option of the Borough, continue for a succeeding year. If the Borough shall determine that such organization is ready and able to maintain said common open space in reasonable condition,
the Borough may cease to maintain said common open space at the end of said year. If the Borough shall determine such organizaatio is not ready and able to maintain said common open
space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and
determination in each year thereaftter The decision of the Borough in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance
by the Municipality shall be assessed ratably against the properties within the Planned Residential Development that have a right of enjoyment of the common open space and shall become
a lien on said properties. The Borough, at the time of entering upon said common open zpace for Lhe purpose of maintenance, shall file a notice of lien in the office of the prothonotary
of the County, upon the properties affected by the lien within the Planned Residential Development. An offer of dedication of common open space made by the developer in the development
plan, before the establishmeen of any organization responsible for open space areas, and, if accepted by resolution or ordinance, the Borough may constitute a fulfillment of responsibility
for providing and maintaining common open space areas. i G. DeveloDment in Staues 1. A Planned Residential Development may be developed in stages if the following standards are met:
a. The location and approximate time of construction of each stage are clearly marked on the development plan. b. At least fifteen percent (15%) of the dwelling units in the development
plan are included in the first stage. MONT ALTO ZONING ORDINANCE Page 1x012 I
I I I D a 1 H. c. At least fifty percent (50%) of the dwelling units in any stage shall be completed before any commercial development shown in that stage shall be completed. d. The
second and subsequent stages are completed consistent with the development plan and are of such size and location that they constitute economically sound units less than fifteen percent
(15%) of the dwelling units included in the development plan. e. To encourage flexibility of housing density, design, and type in accord with the purposes of this Ordinance, gross residential
density may be varied from stage to stage. A gross residential density in one stage which exceeds the permitted average gross residential density for the entire Planned Residential Development
must be off set by a gross residential density in a subsequent stage which is less than the permitted average gross residential density for the entire Planned Residential Development.
Procedural Reauirements (Application For Tentative Approval) 1. The application for tentative approval shall be submitted by or on behalf of the landowner to the Borough Secretary in
accordance with the Preliminary Plan Requirements of the Borough's Subdivision and Land Development Ordinance. 2. The application for tentative approval shall be addition to the plans
and supporting data required in the Subdiviisio and Land Development Ordinance and this Article contain the following: a. The proposed land use areas within the Planned Residential Development,
distinguishing between type of residential, non-residential, and open space uses. b. The land use density of each land use within the Planned Residential Development and the average
gross residential density for the entire Planned Residential Development. c. The use and the approximate height, bulk, and location of buildings and other structures. d. The location,
function, size, ownership, and manner of maintenance of the common open spaces. MONT ALTO ZONING ORDINANCE Page IX-13
e. f. 4-h. The substance or covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements
for common open space areas and public utilities, and the legal form of provisions thereof. In the case of plans which call for development in stages, a schedule showing the approximate
time within which applications for final approval of each stage of the Planned Residential Development are intended to be filed and the approximate number of dwelling units, types of
dwelling units, and gross residential density for each type of dwelling unit planned for each stage. The schedule shall be updated annually on the anniversary of submission for tentative
approval. Site plans shall be drawn at a scale no larger than one inch (1") to fifty feet ( 5 0 ' ) . Copies of the site plan and supporting data included in the tentative approval application
shall be submitted to the applicable agencies as required for Preliminary Plan approval in the Borough's Subdivision and Land Development Ordinance for review and comment. 3. Public
Hearinus: a. Within sixty (60) days after the filing of a complete application for tentative approval of a Planned Residential Development pursuant to this Ordinance, a public hearing
pursuant to public notice on said application shall be held by the Borough. The President, or, in his absence, the acting President, of the Borough Council may administer oaths and compel
the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse
witnesses. b-A verbatim record of the hearing shall be caused to be made by the Borough whenever such records are requested by any party to the proceedings; but the cost of making and
transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted
in evidence shall be identified and duly MONT ALTO ZONING ORDINANCE Page IX-14
I f 1 1 I t 8 I 1 1 1 I preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in record. 4. Findinqs: a. The Borough
shall, by official written communicatiio to the landowner, within sixty (60) days following the conclusion of the public hearing provided for in this Article, either: 1) Grant tentative
approval of the development plan as submitted. 2) Grant tentative approval subject to specified . conditions not included in the development plan as submitted. 3 ) Deny tentative approval
to the development plan. b. Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that
tentative approval may, within thirty (30) days after receiving a copy of the official written communication of the Borough, notify such agency of his refusal to accept all said conditioons
in which case, the Borough shall be deemed to have denied tentative approval of the developmeen plan. In the event the landowner does not, within said period, notify the Borough of his
refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted. c. The grant or denial of tentative approval by official
written communication shall include not only conclusions but also findings of fact ( s ) related to the specific proposal and shall set forth the reasons for the grant, with or without
conditions, or for the denial, and said communica- i o n s shall set forth with particularity in what respects the development plan would or would not be in the public interest including
but not limited to findings of fact(s) and conclusions on the following: MONT ALTO ZONING ORDINANCE Page IX-15
1) In those respects in which the development plan is or is not consistent with the goals and objectives for this Ordinance. I I I 1 2) The extent to which the development plan departs
from Zoning and Subdivision Regulatiion otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are
not deemed to be in the public interest. 3) The purpose, location and amount of the common open space in the Planned Residential Developmeent the reliability of the proposals for maintenance
and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential
development. 4 ) The physical design of the development plan and the manner in which said design does or does iiet make adeqnate control over vehicular traffic, and further the amenities
of light and air, recreation, and visual enjoyment. 5) The relationship, beneficial or adverse, of the proposed Planned Residential Development to the neighborhood in which it is proposed
to be established. 6) In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests
of the public and the residents of the Planned Residential Development in the integrity of the development plan. 7) The feasibility of proposals for energy conservation and the effective
utilization of renewable energy sources. d. In the event a development plan is granted tentatiiv approval, with or without conditions, the Borough shall set forth in the official written
communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over
a period of years, MONT ALTO ZONING ORDINANCE Page IX-16 I I
the period of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the t h o so established between grant
of tentative approval and an application for final approval shall not be less than three ( 3 ) months and, in case of developmeent over a period of years, the time between applications
for final approval of each part of a plan shall be not less than twelve (12) months. 5. Status Of Plan After Tentative Awroval: a. The official written communication provided for in
this Ordinance shall be certified by the Secretary of the Borough and shall be filed in his office, and a certified copy shall be mailed to the landowner . Where tentative approval has
been granted, the same shall be noted in the Zoning Map. b. Tentative approval of a development plan shall not qualify a plat of the Planned Residential Developmeen for recording nor
authorize development or the issuance of any building permits. plan which has been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the
conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Borough pending an application or applications for final approval, without
the consent of the landowner, provided an application for final approval is filed or, in the case of development for final approval is filed or, in the case of development over a period
of years, provided applications are filed, within periods of time specified in the official written communicatiio granting tentative approval. A deveiopment c. In the event that a development
plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the official review agency
in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative
approval approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject t o t h
o s e local Ordinances otherwise applicable thereto as they may MONT ALTO ZONING ORDINANCE Page IX-17
MONT ALTO ZONING ORDINANCE Page IX-18 be amended from time to time, and the same shall be noted on the Zoning Map in the records of the Secretary or Clerk of the Borough. 6. ApDlication
For Final ADRroval: a. An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof.
Said application shall be made to the Borough Secretary and within the time or times specified by the official written communication granting tentative approval. If the application for
final approval is in compliance with the tentatively approved development plan, a public hearing need not be held. b. The application for final approval shall be in accordance with the
design and improvement requirements for Final Plan contained in the Borough's Subdivision and Land Development Ordinance at a scale not smaller than one inch (1") to fifty feet ( S O
' ) . In addition the following information shall be require: 1) Total acreage of development, land uses in each area, total number of dwelling units, number of each type of dwelling
unit, average gross residential density, and gross residential density in each section. 2 ) Building coverage lines accurately locating all types of dwelling units, and nonresiddentia
structures, giving dimensions of the structures, distances between the structures, distances to street rights-of-way and parking areas, with distances accurate to the nearest foot. 3
) Accurate dimension of common open spaces areas specifically indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. Where
common open space areas are to be developed, the location of structures in common open space areas shall be illustrated. In the case of a Planned Residential Developmeen proposed to
be developed over a period of years, final plan requirements will apply to the section for which final approval is being 4 ) I II
sought. However, the final plan presented for the section to be developed must be considered as it relates to information regarding densittie and types of dwelling units, location of
common open space, sanitary sewer and water distribution systems, and street systems presented for the entire development in the application. 5) Architectural drawings illustrating exterior
designs of each type of typical dwelling unit and non-residential structures to be constructed. 6) All covenants running with the land governing the reservation and maintenance of dedicated
or undedicated open space land. These shall bear the certificate of approval of the Borough Solicitor as to their legal sufficiency. 7) Restrictions of all types which will run with
the land and become covenants in the deeds of lots shown on the final plan. 8 ) Such certificates of approval by Authorities as have been required by the Borough including certificates
approving the water supply system and the sanitary sewer system. 7 . Guarantee of Immovements: The guarantee of improvement construction and completion shall be as set forth in the Borough's
Subdivision and Land Development Ordinance. Procedures After ADPlication For Final Apuroval: a. 8. In the event the application for final approval has been filed, together with all drawings,
specificatiion and other documents in support thereof, as required by the Ordinance and the official written communication of tentative approval, the Borough Council shall, within forty-five
( 4 5 ) days of such filing, grant such development plan final approval. b. In the event the development plan as submitted contains variations from the development plan given tentative
approval, the Borough Council may refuse to grant final approval and shall, within forty five ( 4 5 ) days from the filing of application for MONT ALTO ZONING ORDINANCE Page IX-19
final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in public interest. In the event
of such refusal. the-landowner may refile his application for final approval without the variations objected to. C. File a written request with the Borough Council that it hold a public
hearing on his application for final approval. If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final
approval, or within thirty (30) additional days if the the for applying for final approval shall already have passed at the time when the landowner was advised that the development plan
was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development
plan. Any such public hearing shall be held pursuant to public notice within thirty (30) days days after request for the hearing is shall be conducted in the manner prescribed in this
Ordinance for public hearings on applications for tentative approval. Within thirty (30) days after the conclusion of the hearing, the Borough Council shall, by official written comunicattion
either grant final approval to the developmeen plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this Section,
be in the form and contain the findings required for an application for tentative approval set forth in this Ordinance. d. A development plan, or any part thereof, which has been given
final approval shall be so certified without delay by the governing body and shall be filed or recorded within thirty (30) days after final approval has been granted in the Office of
the County Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the Zoning and Subdivision Regulations
otherwise applicable to the land included in such plan, shall cease to apply thereto. Pending completion within a period of two ( 2 ) years of said Planned Residential Development or
of that part thereof, as the case may be, that has been finally approved, no modification of the provisions MONT ALTO ZONING ORDINANCE Page IX-20
of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. e. In the event that a development plan, or a section thereof,
is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the governing body, in writing;
or, in the event the land-owner shall fail to commence and carry out the Planned Residential Development or of that part thereof, within a period of two (2) years after final approval
has been granted, no developmeen or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified
by enactment of an amendment to the Borough Zoning Ordinance in the manner prescribed for such amendments in the Borough Zoning Ordinance. SECTION 9.6 SPECIAL REQUIREXENTS FOR ESSENTIAL
SERVICES A. B. c b D. E. F. The proposed installation i n 2 specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood
or area in which the particular use is to be located. The design of any building in connection with such facilities must conform to the general character of the area and not adversely
affect the enjoyment of property rights in the zoning district in which it is located. Adequate fences and other safety devices must be provided as may be required. Fences, when used
to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the Commonwealth of Pennsylvania Utilities
Commission. Sufficient landscaping, including shrubs, trees and lawn, shall be provided and be periodically maintained. Adequate off-street parking shall be provided. All of the area,
yard, building coverage and height requirements of the respective zoning district must be met. MONT ALTO ZONING ORDINANCE Page IX-21
SECTION 9.7 SPECIAL REQUIREMENTS FOR SERVICE STATIONS AND REPAIR GARAGES A. The minimum lot size for service stations shall be one (1) acre and the minimum frontage shall be one hundred
and fifty feet (150' ) . All yards shall be a minimum of fifty feet (50'). B. All appliances, storage areas, and trash facilities other than gasoline pumps or air pumps shall be within
a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than thirty feet (30°) to any future
street line. All lubrication, repair, or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of any enclosed building.
c. No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on the premises of any service station. It shall be deemed
prima facie evidence of violation of this Ordinance if more than three ( 3 ) motor vehicles incapable of operation are located at any one time upon any premises not within a closed and
roofed building excepting, however, that a number not exceeding six ( 6 ) motor vehicles may be located upon any service station premises outside of a closed or roofed building for a
period of time not to exceed four ( 4 ) days and providing that the owners of said motor vehicles are awaiting their repair disposition. D. In any repair garage, areas used for outside
storage of materials or vehicles shall be screened to be obscured from view from all adjacent properties by a planting of massed evergreens five feet ( 5 ' ) in width. No service station
shall have an entrance or exit for vehicles within two hundred feet (200') along the same side of a street of any fire house, school, playground, church, hospital, public building or
institution, except where such property is on another block or abuts another street which the lot in question does not abut. E. SECTION 9.8 SPECIAL REQUIREMENTS FOR MOTOR VEHICLE, MACHINERY,
AND EQUIPMENT SALES AND SERVICE A. Such uses involving new or used automobiles, motorcycles, other similar vehicles, farmrnachinery, construction equipment and recreation vehicles shall
have a minimum lot area of one (1) acre. MONT ALTO ZONING ORDINANCE Page IX-22 1 I 1 1 I 1 I I -1 I I I
B. C. D. E. F. There shall be a building in conjunction with all new uses, as detailed in Section 9-8A which shall contain not less than 3,000 Sq. Ft. of usable floor area. Further,
there shall be a building containing not less than 200 Sq. Ft. of sseble flQor area for all used motor vehicles, machinery and equipment sales and service operations. Total impervious
lot coverage shall not exceed fifty percent ( 5 0 % ) . The area devoted to outside display of new and used cars, machinery, equipment or vehicles shall not exceed twenty-five percent
(25%) of the total lot area. All outdoor display and service areas, including driveways and parking facilities, shall be paved. Vehicles, machinery and construction equipmeen shall be
kept at least twenty-five feet ( 2 5 ' ) from the right-of-way and property lines and be neatly arranged on the lot . Buildings, in addition to sales and display rooms, may contain administrative
offices, parts rooms, and space for storage of automobiles and trucks for sale and for repair and service and repair facilities incidental to the business of sale of automobiles and
trucks. Front yards may be used only for necessary driveways and customer parking, subject to the regulations provided by this Chapter governing driveways and parking. As an accessory
to the use of the principal building, side and rear yards not devoted to required seeding and buffer areas may be used for storage, display and sale of automobiles and trucks. The areas
so used for storage, display or sale of automobiles or trucks shall be enclosed and shielded from adjoining properties and streets by shrubbery. Where the yard or portion thereof faces
a major road, the height of said shrubbery shall be no greater than two and one-half feet (24'), and for every other portion the height of said shrubbery shall be of such size and species
and density as will prevent the transmission of headlight glare from within the enclosure, All areas over which vehicles may travel or stand shall have durable and dustless pavements.
All lighting within or upon the building or grounds shall be shielded so that the source of illumination shall not be visible from the street or other properties. No signs or banners
other than those specifically permitted by this Chapter shall be permitted. All vehicular repair, service and maintenance shall be conducted within a fully enclosed building. No motor
vehicle parts and no wrecked or demolished vehicles shall be permitted to stand outside a fully enclosed building, except that wrecked or demolished vehicles are permitted to MONT ALTO
ZONING ORDINANCE Page IX-23
stand in a portion of the rear yard, provided that said portion shall not exceed two thousand five hundred square feet (2,500 Sq. Ft.) in area and that said portion shall be enclosed
by a solid fence six feet (6' ) in height and that said fence shall be screened from view from outside the enclosure by shrubbery of such size, species, and density as will do so. SECTION
9.9 SPECIAL REQUIREMEWZS FOR CEMETERIES A. Any cemetery shall have a minimum lot size of five (5) acres. B. A landscaped buffer strip not less than ten feet (10' ) wide consisting of
evergreen trees (conifers) shall be provided along all lot lines which form a common boundary with any residential or commercial district. They shall be a minimum of five feet ( 5 '
) in height when newly planted and planted at intervals of ten feet (10') or less off-center. SECTION 9.10 SPECIAL REQUIRgwglQTS FOR PUBLIC AHD PRIVATE KENNELS A. Any kennel, public
or private, shall be at least fifty feet ( 5 0 ' )
from any property line and one hundred feet (100') from any residence on adjacent lats or one hundred feet (100' ) from any required setback lines of those lots when they happen to
be vacant. B. The Borough Council, or its agent, may require additional setback distance, screening and other conditions to protect adjacent uses from nuisance characteristics. SECTION
9.11 SPECIAL REQUIREMENTS FOR ROOMING HOUSES OR RESIDENTIAL HOTELS A. A t least one flush water closet, lavatory basin, and bath tub or shower, properly connected to a water and sewer
system, and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a rooming house or residential hotel, including members of the operator's
family wherever they share and use the said facilities. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to
all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except
by written approval of the building inspector. Every room occupied for sleeping purposes by one person shall contain at least 120 square feet of floor space, and every room occupied
for sleeping purposes by more than one person shall contain at least 70 square feet of floor space for each occupant thereof. B. MONT ALTO ZONING ORDINANCE Page IX-24
C. Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and/or the Borough. The operator
of every rooming house or residential hotel shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every
other part of the rooming house or residenntia hotel; and he shall further be responsible for the sanitary maintenance of the entire premises where the entire structure or building is
leased or occupied by the operator. D. E. Every provision of this Ordinance which applies to rooming houses shall also apply to residential hotels, except to the extent that any such
provision may be found in conflict with the laws of this state or with the lawful regulations or any state board or agency. SECTION 9.12 SPECIAL REQUIREMEHTS FOR ADULT BOOK STORES The
use and occupancy of any land, building or structure as an Adult Book Store shall be subject to the following: A. B. C. D. An Adult Book Store, Adult Theater, or a Massage Establishment
shall be permitted only in a Commercial-Industria1 (C-I) Zone. An Adult Book Store shall not be permitted to be located within one thousand (1,000) feet of any property line of any public
or private school, public park or playground, or any church or other house of worship. No materials, merchandise, or films offered for sale, rent, lease, loan, or for view upon the premises
shall be exhibited or displayed outside of a building or structure. Any building or structure used and occupied as an Adult Book Store shall be windowless, and have an opaque covering
over all windows or doors of any area in which materials, merchandise, or film shall be visible from outside of the building or structure. MONT ALTO ZONING ORDINANCE Page 1x025
SECTION 9.13 SPECIAL REQUIREMENTS FOR DRIVE-IN AND FAST FOOD RESTAURANTS A. B. C. D. Ingress and egress standards shall meet the requirements of the Borough's Subdivision and Land Development
Ordinance, along with the following provisions: 1. 2. 3. 4. 5. The minimum distance of any driveway to property line shall be ten (10) feet. The minimum distance between driveways on
the site shall be sixty-five (65) feet measured from the two (2) closest driveways' curbs. The minimum distance of a driveway into the site from a street intersection shall be thirty
(30) feet measured from the intersection of the street centerlines to the nearest end of the curb radius. The angle of driveway intersection with the street shall be at 90" degrees or
be based upon safe traffic movements and shall be approved by the Borough Engineer. Drive-in or Fast Food Restaurants acijacmt ".c., or integrated in a shopping center or cluster of
commercial facilities shall use the common access with other business establishments in that center. Parking requirements shall meet the criteria in Section 5.5 of this Ordinance, along
with the following provisions: one (1) space for each full-time employee, plus one ( 1) space per one hundred (100) square feet of gross floor area, plus a minimum of five (5) additional
spaces. The entire parking area shall be paved with a permanent surfaac of concrete or asphaltic cement. All grading and drainage improvements shall meet the stormwater management requirements
in Section 605 of the Borough's Subdivision and Land Development Ordinance. Any unpaved area of the site shall be landscaped with lawn or other horticultural materiaals maintained in
a neat and orderly fashion at all times and separated from the paved parking or driveway area by a raised curb or other equivalent barrier. All Drive-in or Fast Food Restaurant buildings
and structures shall be designed and planned to take advantage of and be compatible with natural features of the site and area, and shall not be in conflict with the character of existing
structures in areas where a definite pattern or style has been established. MONT ALTO ZONING ORDINANCE Page IX-26
1 1 1 1 I ' I ' I 1 I I R I E. F. G. All Drive-in and Fast Food Restaurants shall provide suitable storage of trash areas which are so designed and constructed as to allow no view of
the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way, and to permit safe, easy removal of trash by truck
or hand. Exterior lighting proposed for use on the site shall be planned, erected, and maintained so the light is confined to the property and will not cast direct light or glare upon
adjacent properties or public rights-of-way. The light source shall not be higher than twenty (20) feet and shall not be visible from adjacent properties or public rights-of-way. A well
maintained fence, wall, hedge or vegetative material at least five feet (5') in height and of a density to screen from the v i e w of adjacent property owners the structures and uses
on the premises with the screening. This screening shall be located along the side and rear property lines. SECTION 9.14 SPECIAL REQUIRgwENTS FOR HOXE OCCUPATIONS as A. B. C. Home occupations
and professional offices or studios are permitted a conditional use subject to the following provisions: Where Permitted: Within a single dwelling unit or in a building or other structure
accessory to the dwelling unit and provided not more than two (2) persons in addition to those persons residing in said dwelling are employed in the home occupation. Evidence Of Use:
~ o e sno t display or create outside the building any evidence of the home occupation, except that one (1) unanimated, nonillumminate flat sign having an area of not more than four
square feet (4 Sq. Ft.) shall be permitted on each street front of the same lot on which the building is situated. Permitted Uses : One of the following customary home occupations shall
be permitted for a single family dwelling provided all off-street parking standards and any other requirements are in compliance : MONT ALTO ZONING ORDINANCE Page 1x027
1. 2. 3. 4. 5. 6. Medical, dental, or other professional office or studio. Rooming and/or boarding of not more than three ( 3 ) persons. Custom tailoring. Tutoring for not more than
four ( 4 ) students simultaneously. Barber shop or beauty parlor. Any similarly related customarily conducted home occupation which is clearly incidental to the residential use of the
premises and neighborhood and is approved by the Borough Council. SECTION 9.15 SPECIAL REQUIREMENTS FOR BED AND BREAKFAST RESIDEENC OR INN A. A concept regarding rental of rooms on a
temporary basis with an arrangement to provide breakfast to the renter, commonly known as a "Bed and Breakfast Residence or Inn", may be a desirable and practical use in certain zoning
districts in Mont Alto Borough. Such use may be granted as a Conditional Use provided that the Bed and Breakfast establishment does not adversely affect the residential character of
the neighborhood and that such use is carried on in an existing residential structure. B. The Bed and Breakfast residence may be permitted by the Borough Council if applicants for a
Bed and Breakfast Residence own and occupy the building where said use will occur as their principal residence and are in accordance with the following: 1. Primary use of the building
shall remain residential. 2. The quarters to be utilized by the guests and the occupants of the premises shall be in the principal residential structure. Separate structures, accessory
buildings and garages are not permitted to be used as living units or sleeping rooms. The use by a guest shall be a maximum stay of seven ( 7 ) days 3. MONT ALTO ZONING ORDINANCE Page
IX-28
4 . No more than three ( 3 ) rooms shall be used for sleeping areas for guest occupancy. 5. One (1) off-street parking space shall be provided for each sleeping area designated for guests.
6. Serving of meals to overnight guests shall be limited to breakfast only. 7. Each room that is designated for guest occupancy must be provided w i t h a smoke detector. 8. A sign of
not more than four ( 4 ) square feet may be erected to advertise such accommodations. 9. No exterior modification or additions shall be made to a building or structure to accommodate
the change of use to a Bed and Breakfast. MONT ALTO ZONING ORDINANCE Page IX-29
__ I 1 1 I I I 1 1 1 I I 1 1 I I I I I I ~ ARTICLE X STANDARDS FOR SPECIAL EXCEPTIONAL USES
I I I I I I I I I I I I I I I I I I I SECTION 10.1 ARTICLE X STANDARDS FOR SPECIAL EXCEPTION USES REOUIREMENT OF SPECIFIC STANDARDS Specific standards for Special Exception Uses allowed
in this Ordinance are set forth in this Article. These standards must be met prior to the Zoning Hearing Board granting a Special Exception Use Permit for such uses in applicable zones.
SECTION 10.2 SPECIAL REOUIREMENTS FOR CONVERSION APARTMENTS A. The Zoning Hearing Board may authorize as a special exception the conversion of any dwelling existing at the effective
date of This Ordinance into a dwelling for two (2) or more families in the C-R, R-75, and R-125 residential district, subject to the following requirements: 1. The lot area per family
unit shall not be reduced to less than one thousand five hundred square feet (1,500 Sq. Ft.) for the C-R Zone; three thousand square feet (3,000 Sq. Ft.) for the R-125 Zone. 2. The yard,
building, parking, and other applicable lot requirements for the district shall not be reduced. 3. No structural alteration of the exterior building shall be made not in keeping with
the prevailing residential character except as may be necessary for purposes of health, safety, and aesthetics. 4. Such conversion shall be authorized only for a relatively large building
which has lost its value or usefulness as a conforming dwelling or use. SECTION 10.3 SPECIAL REQUIREMENTS FOR HOUSING DEVELOPMENT GROUPING A. Housins Development GrouDinq -In the case
of a housing development consisting of two (2) or more buildings to be constructed on a plot of ground of at least three ( 3 ) acres not subdivided into customary parcels and streets
and which will not be subdivided, or where existing or contemplated lot and street layout make it impractical to apply requirements of This Ordinance to the individual building in such
a developmeent an application shall be put forth to the Zoning Hearing Board in a manner that will be in harmony with the neighborhooo character, will insure a density of land use no
higher MONT ALTO ZONING ORDINANCE Page X-1
and a standard of common open space at least as much as required in the district which the proposed development is to be located. In no case shall there be authorized a greater building
height than permitted. SECTION 10.4 SPECIAL REQUIREMENTS FOR TRANSITION ZONE A. Transition Zone -Wherever the INST, C-I or C-R Districts adjoin a R-75 or R-125 District, the Zoning Hearing
Board shall be hereby given the power after public hearing, to establish transition zones in the adjoining residential districts and extending only along a mayor road frontage for a
distance or depth of not more than one hundred feet (100') or a zone shall not be deeper than the established depth of the greater lot depth prescribed in the district, and in no case
shall it cross any street or alley. Any use permitted in the non-residential zones shall be permitted in the transition zone, but such use shall be subject to height, area, yard require-ments
of the residential district, including a buffer belt of landscaping ten feet (10') in width established adjacent and along the abutting residential property in the residential district
for the purpose of ensuring the health, safety, and xelfsre of those propert,ies in the residential districts. Furthermore, there are powers, guidelines, and standards relative to special
exceptions, such as: 1. In granting any special exception, the Zoning Hearing Board shall have the right to impose such conditions, restrictions, or regulations as may be deemed necessary
or advisable for the protection of surrounding and neighboring properties. 2. The owners, lessees, or tenants of the property for which a special exception is granted, if required by
the Zoning Hearing Board, shall enter into an agreement in writing with said Board stipulating the conditions, restrictions, or regulations governing such special exception, and such
agreement shall be recorded among the Land Records of Franklin County. The cost of such agreement and the cost of recording thereof, if required, shall be borne by the party requesting
such special exception. 3. In the granting of any special permit, variance, or transition zone, the Zoning Hearing Board shall be governed and controlled as to whether or not such proposed
use will menace the public health, safety, security, morals, and general welfare of the community, I I MONT ALTO ZONING ORDINANCE Page X-2
I 1 I 1 I 1 I 1 I I I I I I I I I I I and as a further guide to their decision upon the facts of the case, they shall consider whether the proposed use will: a. Interfere with adequate
light and air; b. Tend to create congestion in roads, streets, and alleys in the area involved; c. Tend to overcrowd land and cause undue concentration of population; and d. Create a
hazard from fire, panic, or other dangers; e. Interfere improperly with adequate provisions for schools, parks, water, sewage, transportation, and other public requirements, conveniences,
and improvements. MONT ALTO ZONING ORDINANCE Page X-3
ARTICLE XI AMENDMENTS AND APPEALS
1 1 I ARTICLE X I AMENDMENTS AND APPEALS SECTION 11.1 AMENDMENTS -Amendments shall be made in accordance with the requirements of Article VI of the Pennsylvania Municipalittie Planning
Code. SECTION 11.2 CURATIVE AMENDMENTS -Curative amendments shall be made in accordance with the requirements of Article VI of the Pennsylvania Municipalities Planning Code. Curative
amendments can be initiated by the landowner or by the Borough. SECTION 11.3 APPEALS -Any person aggrieved or affected by provisions of this Ordinance or decision of the Zoning Officer,
may appeal in the manner set forth in Article IX of the Pennsylvania Municipalities Planning Code, Act 170 as amended. This includes the mediation option. MONT ALTO ZONING ORDINANCE
Page XI-1
ARTICLE XI1 LEGAL STATUS PROVISIONS
ARTICLE XI1 LEGAL STATUS PROVISIONS SECTION 12.1 INTERPRETATION I I I I 1 I 1 I 1 I D In their interpretation and application, the Prov,sions of this Ordinance shall be held to be the
minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare . Except where specifically provided to the contrary, it is not
intended by this Ordinance to repeal, abrogate, annul, or in any way to impair or interfere with any rules, regulations, or permits previously adopted or issued or which shall be adopted
or issued pursuant to law relating to the use to buildings, structures, shelter or premises; nor is it intended by this Ordinance to interfere with or abrogate or annul any easements,
covenants or other agreements between parties; provided, however, than where this Ordinance imposes a greater restriction upon the use of a building or premises, or requires larger open
spaces that are imposed or required by any other Statute, Ordinance, Rule, Regulation, or Permit, or by any easement, the Provisions of this Ordinance shall control. SECTION 12.2 SEPARABILITY
If any Article, Section, or Provision of this Ordinance or the location of any district boundary shown on the Zoning Map that forms a part hereof should be decided by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of this Ordinance or Zoning Map as a whole or any part thereof other than the part so decided to be unconstitutional
or invalid. SECTION 12.3 REPEALER All other Borough Ordinances, or parts of other Ordinances in conflict herewith, are hereby repealed. These Ordinances include, but are not limited
to: e Ordinance No. 194 as adopted and enacted on September 7, 1982 0 Ordinance No. 213 as adopted and enacted on October 7, 1985. 0 Ordinance No. 223 as adopted and enacted on December
5, 1988. e Ordinance No. 233 as adopted and enacted on August 6, 1990. MONT ALTO ZONING ORDINANCE Page XII-1
SECTION 12.4 EFFECTIVE DATE This Ordinance shall. take effect immediately upon adoption and publication according to law. SECTION 12.5 ENACTMENT Enacted and Ordained t h i s 25th Day
of MAY r 1993 . MONT ALTO BOROUGH BY: MAYOR P ~ S I D E N T , BOROUGH’COUNCIL -ATTEST: I-/---> MONT ALTO ZONING ORDINANCE Page XII-2