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Franklin County Planning Commission
Administrative Annex
218 North Second Street
Chambersburg, PA 17201-1642
Phone: 717-261-3855
Fax: 717-264-8667
TDD: 717-264-8474
E-Mail planning@co.franklin.pa.us
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October 15, 2007
Borough of Mont Alto
Attn: Patricia A. Kocek
3 North Main St
P.O. Box 427
Mont Alto, Pa 17237
Subject: Zoning Ordinance
Dear Ms. Kocek
The Franklin County Planning Commission has reviewed your Zoning Ordinance. The Planning
Commission Staff offers no comment.
If you have any questions or require further assistance please feel free to call me.
Sincerely
,t:J#r-
Daniel Wolfe
Community Planner
MONT ALTO BOKOUGU
FRANKLIN COUNTY,
PENNSYLVANIA
ZONING
ORDINANCE
Prepared By:
NASSAUX-"EMSLE~INCORPORATED
56 North Second Street
Chambersburg, Pennsylvania 17201
~\)b ~ 0 1\\\)1
AUG 3 0 2007
MONT ALTO BOKOUGU
REPRESENTATIVES
MAYOR
RORonOH C'.onNC'U,
Mayor Steven Knepper
Michael W. Gossard, President
Dennis Mono, Vice President
fiedJ.Derrington,S~
Michael Kauffman
Debra D. Lee
Thomas Lowson
Ginger Weaver
PI ,ANNING r.nN~1T1 ,TANT
NAsSAUX-DEMSLE~INCORPORATED
56 NORTU SECOND STREET
CIlAM8ERS8URG, PENNSYLVANIA 17201
Version 1.31
(Bdit Free Version)
Revised
December 2006
Editorial Changes Made March 2001
SECTION
ARTICLE I
MONT ALTO BOROUGH
ZONING ORDINANCE
TABLE OF CONTENTS
DESCRIPTION
SHORT TITLE, PURPOSE, COMMUNITY DEVELOPMENT
OBJECTIVES AND DEFINITIONS
PAGE
Section 1.1
Section 1.2
Section 1.3
Section 1.4
Short Title
Purpose
Community Development Objectives
Definitions
ARTICLE II ORGANIZATION OF DISTRICTS
1-1
1-1
1-2
1-3
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Establishment of All Districts
Provision for Official Zoning Map
Rules for Interpretation of District Boundaries
Application of District Regulations
ARTICLE III DISTRICT USE REGULATIONS
11-1
11-1
11-1
11-2
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Residential Districts
Commercial-Residential District (C-R)
Commercial- Industrial District (C- I)
Institutional District (INST)
Flood Hazard District (FH)
ARTICLE IV LOT AREA AND RELATED REGULATIONS
111-1
111- 2
111- 4
111- 5
111-6
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Residential Districts
Commercial-Residential District (C-R)
Commercial-Industrial District (C-I)
Institutional District (INST)
, i
IV-1
IV-3
IV-4
IV-8
TABLE OF CONTENTS (Continued)
SECTION DESCRIPTION PAGE
ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS
Section 5.1 Accessory Building and Structure Regulations V-I
Section 5.2 Height Regulations V-I
Section 5.3 Yard and Lot Regulations V-2
Section 5.4 Private Outdoor Swimming Pools V-3
Section 5.5 Parking Regulations V-3
Section 5.6 Storage of Dismantled or Non-Operable Vehicles V-6
Section 5.7 Homeowners Association V-6
Section 5.8 Sign Regulations V-6
Section 5.9 Fences, Walls, and Hedges V-8
Section 5.10 Erection of More Than One Principal Structure on a Lot V-8
Section 5.11 Structures to Have Access V-8
Section 5.12 Parking, Storage or Use of Recreational Vehicles V-8
Section 5.13 Individual Mobilehomes V-9
Section 5.14 Access Drives V-9
Section 5.15 Outdoor Storage V -10
Section 5.16 Keeping of Pets V -10
Section 5.17 Self-Storage Development V -10
ARTICLE VI NON-CONFORMING USES AND STRUCTURES
Section 6.1 Non-Conforming Uses and Structures VI-l
Section 6.2 Repairs and Maintenance VI-2
Section 6.3 Registration of Non-Conforming Uses VI-2
ARTICLE VII ADMINISTRATION AND ENFORCEMENT
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Duties of Zoning Officer
Land Use Permits
Fees
Construction and Use to be as Provided in Applications,
Plans and Permits
Complaints and Enforcement
Enforcement Notification
Enforcement Remedies
11
VII-l
VII-2
VII - 3
VII - 4
VII - 4
VII - 4
VII - 4
SECTION
TABLE OF CONTENTS (Continued)
DESCRIPTION
PAGE
ARTICLE VIII ZONING HEARING BOARD
Section 8.1
Section 8.2
Section 8.3
Section 8.4
Section 8.5
Section 8.6
Section 8.7
Creation and Appointment of Board
Organization of Zoning Hearing Board
Public Hearings
Zoning Hearing Board's Functions
Time Limitations
Stay of Proceedings
Fees
VIII - 1
VIII - 1
VIII - 2
VIII - 4
VIII - 6
VIII - 6
VIII - 6
ARTICLE IX ZONING HEARING BOARD
Section 9.1 Compliance IX-1
Section 9.2 Conditional Use IX-1
Section 9.3 Requirements of Special Standards IX-2
Section 9.4 Special Requirements for Cluster Residential Subdivisions IX-3
Section 9.5 Special Requirements for Planned Residential IX-4
Developments
Section 9.6 Special Requirements for Essential Services IX - 18
Section 9.7 Special Requirements for Service Stations and Repair IX - 19
Garages
Section 9.8 Special Requirements for Motor Vehicle, Machinery, and IX - 20
Equipment Sales and Service
Section 9.9 Special Requirements for Cemeteries IX - 21
Section 9.10 Special Requirements for Public and Private Kennels IX - 21
Section 9.11 Special Requirements for Rooming House and Residential IX - 21
Hotels
Section 9.12 Special Requirements for Adult Book Stores and Adult IX - 22
Theaters
Section 9.13 Special Requirements for Drive-In and Fast Food IX - 22
Restaurants
Section 9.14 Special Requirements for Home Occupations IX - 23
Section 9.15 Special Requirements for Bed and Breakfast Residence or IX-24
Inn
111
SECTION
ARTICLE X
TABLE OF CONTENTS (Continued)
DESCRIPTION
STANDARDS FOR SPECIAL EXCEPTION USES
PAGE
Section 10.1
Section 10.2
Section 10.3
Section 10.4
Requirement of Specific Standards
Special Requirements for Conversion Apartments
Special Requirements for Housing Development Grouping
Special Requirements for Transition Zone
ARTICLE XI AMENDMENTS AND ApPEALS
X-I
X-I
X-I
X-2
Section 11.1
Section 11.2
Section 11.3
Amendments
Curative Amendments
Appeals
ARTICLE XII LEGAL STATUS PROVISIONS
XI-l
XI-l
XI-l
Section 12.1
Section 12.2
Section 12.3
Section 12.4
Section 12.5
Interpretation
Separability
Repealer
Effective Date
Enactment
IV
XII-l
XII - 1
XII-l
XII-l
XII - 2
ARTICLE I
snORT TITLE,
PURPOSE,
COMMUNITY DEVELOPMENT
OBJECTIVES,
AND DEFINITIONS
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 TITI,R, PlJRPOSR, COMMlJNITV
DRVRI,OPMRNT OR IRCTIVRS A NO DRFINITIONS
SRCTION 1.1
SHORT TITI,R
This Ordinance shall be known and may be cited as the "Borough of Mont Alto Zoning Ordinance."
SRCTION 1.2
PlJRPOSR
The provisions of this Ordinance shall be designed:
A. To promote, protect, and facilitate one or more of the following: The public health, safety,
morals, general welfare; coordinated and practical community development; proper density
of population; civil defense, disaster evacuation, airports, and national defense facilities;
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 transportation; 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 parts and the suitability of the various parts for particular uses and structures.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-1
C. To prevent the loss of prime agriculture lands when considering 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.
SRCTTON 1.]
COMMTTNTTY ORVRT ,OPMRNT OR TRCTTVRS
There is hereby established a new Comprehensive Zoning Ordinance for the Borough of Mont Alto,
Franklin County, which is set forth in the 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. hnprove 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.
G. Strengthen 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-2
H. 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.
1. Coordinate development with surrounding municipalities and the region.
J. Provide consistency of areas designated for urban land uses with minimum size and bulk,
maximum density, and type of use.
K. Diversify the housing mix congruent with the capabilities of the area's circulation system,
utilities, community facilities, physical resources, and support services.
L. 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.
M. Relate nature, extent, and intensity of uses to the level of streets, facilities, and utilities
presently available and specified for future improvements.
N. 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.
O. Encourage energy-saving techniques of land development and building construction.
P. Preserve the architectural, historic, and other visible assets in any new or modified
development.
Q. 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.
SF,CTION 1.4
DEFINITIONS
The following words are defined in order to facilitate the interpretation of this ordinance for
administrative purposes, and for the carrying out of duties by appropriate officers and 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 "plot" or "parcel". The term "shall"
means "mandatory." The word "used" or "occupied" as applied to any land or building shall be
construed to include the words "intended, arranged, or designed to be used or occupied."
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-3
1. Access Orive - A paved surface other than a street which provides vehicular access from a
street or private road to a lot.
2. Accesso~y Rnildine - A building located on the same lot as is customarily incidental and
subordinate to the principal building or structure.
3. Accesso~y lJse - 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.
4. Adnlt Rook 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, drawings, prints, images,
sculpture, still film, motion picture film, video tap, or similar visual representations
distinguished 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.
5. Adnlt Thp3tpr - Any business enterprise which regularly features or offers to the public
the presentation of motion picture films, movies, or sound recordings which are
characterized by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities or performances by persons who appear nude or semi-
nude or live performances that are characterized by their emphasis on the exposure,
depiction or description of specified anatomical areas or the conduct or simulation of
specified sexual activities.
6. A~ricnltnr31 oper3tion - An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock products and in
the production, harvesting and preparation for market or use of agricultural, agronomic,
horticultural, silvicultural and aquacultural crops and commodities. The term includes an
enterprise that implements changes in production practices and procedures that are
normally engaged by farmers or are consistent with technological development within the
agricultural industry.
7. A~ricnltnre - The tilling of soil, the raising of crops, horticulture, and gardening.
8. ~ - A permanent service way providing a secondary means of access to abutting
properties.
9. A Iter3tions - 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.
10. Altpr3tions, Strnctnr31 - Any change in the supporting members of a building, such as
bearing columns, beams, and girders.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-4
11. Animal Hospital - A building used for the treatment, housing or boarding of small
domestic animals such as dogs, cats, rabbits, birds or fowl by a licensed veterinarian.
12. 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.
13. Applicant - A landowner or developer, as hereinafter defined, who has filed an application
for development, including his heirs, successors, or assigns.
14. Application For nevelopment - 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 land use permit for the approval of a subdivision plat
or plan, or for the approval of a development plan.
15. Area, Rnilding - 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.
16. Red and Rreakfast 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.
17. Blnck - An area bounded by streets or proposed streets.
18. Roardin/? Honse - 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.
19. Roron/?h - The Borough of Mont Alto, Franklin County, Pennsylvania.
20. Rnildin/? - 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.
21. Rnildin/?, net~ched - A building surrounded by open space on the same lot, as the principal
building or structure.
22. Rnildine Hei~ht - 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.
23. Rnildin/? I,ine - A line parallel to the front, side, or rear 10t line set so as to provide the
required yard.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-5
24. Building Sl'th3ck - The required horizontal distance between a setback line and a property
or street line.
a. Bllikline SethHck, Front - The distance between the street line and the front setback
line projected the full width of the lot. Commonly called "front yard."
b. RlIikline SethHck, ReHf - The distance between the rear lot line and the rear setback
line projected the full width of the lot. Commonly called "rear yard."
c. RlliJrline SethHck, Sirle - The distance between the side lot line and the side setback
line projected from the front yard to the rear yard. Commonly called "side yard."
25. Building Sl'th3ck J ,inl': 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-of-
way or property line.
26. Carport - A covered space, open on one (1) or more sides, for the storage of one (1) or
more vehicles and accessory to a main or accessory building.
27. Cartway - That portion of a street or a11ey which is improved, designed or intended for
vehicular use.
28. Cl'ml'tl'ry - A premises used for the burial of the dead and, with the exception of bona fide
religious organizations, licensed by the Commonwealth of Pennsylvania.
29. Cll'ar-Sight nist~ncl'~ 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.
30. Cll'ar-Sight TriangJl'~ 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.
31. Clustl'r Rl'sidl'ntiaJ Suhdivision - 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 lot size while at the same time maintaining the overall density requirements applicable
to the district in which said land is situated and conforming to all other applicable
requirements.
32. CoUl'e" - A licensed institution of higher learning providing facilities for teaching and
research and authorized to grant academic degrees.
33. Common O.ppn Spacl' - A parcel or parcels of land and/or of water within a development
site and designed and intended for the use or enjoyment of residents of a development, not
including street and off-street parking areas set aside for public facilities.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-6
34. Conditional lJse - 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.
35. Contractor Storage Yard - The outdoor storage of contractor's equipment such as
tractors, back hoes, and the like.
36. Conversion Apartment - The alternation of an existing single-family detached dwelling to
accommodate two (2) dwelling units.
37. Conncil -The Borough Council of Mont Alto, Pennsylvania (also known as Governing
Body).
38. Connty - Franklin County, Pennsylvania.
39. County Planning Commission - Franklin County Planning Commission
40. Coverager T ,ot - That portion or percentage of the plot or 10t area covered by buildings.
41. Cross-Walk - A right-of-way, publicly or privately owned, intended to furnish access for
pedestrians.
42. Curh T ,evel - The officially established grade of the curb in front of the mid-point of the lot.
43. Oay Carer Adult or Child - A use that involves the care and supervision of adults and/or
children for a part of a 24-hour day. Such use, if required by the Commonwealth, must be
licensed and shall be conducted in accordance with the Commonwealth requirements.
44. Oeveloper - 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.
45. Oevelopment Plan - The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use, 10cation 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.
46. Oismantled and Non-Operahle Vehicle - A vehicle which does not display the current
Pennsylvania State Inspection Certification or is manifestly incapable of being 10comotive
in its existing condition.
47. Oistrihution Center - A building or premises used for wholesale and distribution of
manufactured products, supplies and equipment.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-7
48. Dormitory - 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.
49. DWf>lIine - 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.
50. DWf>Jling (;ronp - A group of two (2) or more single-family, two-family, or multi-family
dwellings occupying a lot in one (1) ownership.
51. DWf>lIing TJnit - A dwelling or portion thereof providing complete living facilities,
including a suite of rooms with exclusive sanitation facilities and with cooking facilities.
52. DWf>lIing, Mnlti-F:tmily - 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).
53. DWf>lIing, Singlf> F:tmily Df>t.:ll'hf>rI - A building used and designed in one unit for and
occupied by one (1) family only and having two (2) side yards.
54. DWf>lIing, Singlf> F:tmily, Sf>mi.Df>t.:ll'hf>rI - A building used by one (1) family, having one
(1) side yard, and one (1) party wa11 in common with another building (also known as a
duplex) or end of townhouse.
55. DWf>lIing, Singlf> F:tmily Att.:ll'hf>rI (Row) - 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 ).
56. DWf>lIing, Two Family, Df>t.:ll'hf>rI - A building used by two (2) families with a dwelling
unit arranged over the other and having two (2) side yards.
57. DWf>lIing, Two Family, Sf>mi.Df>t.:ll'hf>rI - 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.
58. R:t~f>mf>nt - 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.
59. Rng;nf>f>r - A person duly registered as a Professional Engineer by the Commonwealth of
Pennsylvania.
60. Rnginf>f>rr Rorongh - The Borough Engineer or any Consultant designated by the Borough
Council to review a Subdivision or Land Development Plan and perform the duties of
Engineer on behalf of the Borough.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-8
61. "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.
62. Family - One (1) or more persons who live in one (1) dwelling unit and maintain a common
household. May consist of a single person, two (2) or more persons related by blood,
marriage, or adoption, or no more than three (3) unrelated persons. May also include
domestic servants and gratuitous guests, but not occupants of a club, fraternal lodge, bed
and breakfast residence or inn, residential hotel, rooming house or boarding house.
63. Forestry - The management of forests and timberlands when practiced with accepted
silvicultural principles, through developing, cultivating, harvesting, transporting and
selling trees for commercial purposes, which does not involve any land development.
64. Funeral Home - A licensed establishment with facilities for the preparation of the dead for
burial or cremation, for the viewing of the body, and for funerals.
65. (;arelen 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.
66. (;rounel Floor - The floor of a building nearest the mean grade of the front of the building.
67. (;overning Roely - Shall mean the Borough Council of the Borough of Mont Alto, Franklin
County, Pennsylvania.
68. 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 primary use being conducted, that the exterior appearance of the structure or premises is
constructed and maintained as a residential dwelling or accessory building, that no goods
are publicly displayed on the premises other than signs as provided 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.
69. Impervious Surface - A surface that prevents the percolation of water into the ground.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-9
70. Industry, Ught - The manufacturing of products predominantly from previously
prepared materials of finished products or parts, including processing fabrication,
assembly, treatment, packaging, incidental storage, and sales and distribution of such
products, but excluding uses defined as heavy industry.
71. Industry, Hp.~vy - Uses engaged in the basic processing and manufacturing of materials
or products predominantly from extracted or raw materials, or uses engaged in the storage
of, or manufacturing processes using flammable or explosive materials, or storage or
manufacturing processes that potentially involve hazardous conditions or require special
environmental protections.
72. Kp.nnp.lr Puhlic - 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.
73. Kp.nnp.lr Privatp. - 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.
74. Lahor:dory - A building equipped for experimental study in a science or for testing and
analysis.
75. I,:md Op.vp.I"I)rnp.nt - 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 non-residential 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 by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
b. A subdivision of land.
c. Excluded from the definition of Land Development are the following:
(i) The conversion of an existing single-family detached dwelling or
single-family semi-detached dwelling into not more than three
residential units, unless such units are intended to be a condominium; or
(ii) The addition of an accessory building, including farm building on a lot or
lots subordinate to an existing principal building.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-10
76. T ,anrlownf~r - 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.
77. Liv('stock - Animals and fowl such as, but not limited to, horses, cows, sheep, goats, pigs,
camelids, emus, chickens, peacocks and the like.
78. Lo.t - 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.
79. Lot Ar('a - 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.
80. Lot, Corn('r - A parcel of land at the junction of and fronting on two (2) or more
intersecting streets.
81. T ,ot, O('pth of - The average horizontal distance between the front and rear lot lines.
82. T ,ot, Oouhl(' Frontaee - An interior lot having frontage on two (2) streets.
83. T ,ot, Tnt('rior - A lot other than a comer lot.
84. T ,ot T ,in('s - The lines bounding a lot as defined herein.
85. T ,ot T ,in(', Front - That lot line or lot lines which abut the right-of-way of a street or, in the
case of a street with no right-of-way, that lot line or lot lines which abut the street pavement.
86. T ,ot T ,in(', R('ar - That lot line which is parallel to and most distant from the front lot line of
the lot; provided, however, that in the case of an irregular, triangular or gore-shaped lot, a
line ten (10) feet in length, entirely within the lot, parallel to, and at the maximum possible
distance from, the front lot shall be considered to be the "rear 10t line".
87. T ,ot T ,1n(', Sirl(' - Any lot line other than a front or rear 10t line.
88. T ,ot, Minimum Wirlth of - The minimum width at the front building setback line.
89. Lot Of R('corcl - A lot which has been recorded in the Office of the Recorder of Deeds of
Franklin County, Pennsylvania.
90. T ,ot, R('v('rs(' Frontaer. - A 10t extending between, and having frontage on an arterial street
and a minor street, and with vehicular access solely from the latter.
91. Lumh('r anrl Rllilrlin~ Mat('rials Storagr. Yarrl - The outdoor storage of materials used
in the construction industry such as concrete blocks, bricks, trusses, and the like.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page I-II
92. 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.
93. Massage "Est.9hlishment - A business enterprise offering massage conducted by persons
engaged in the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic,
podiatry or massage therapy for which they are licensed by the Commonwealth of
Pennsyl vania.
94. Minerals - Any aggregate or mass of mineral matter, whether or not coherent. The term
includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone,
earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal,
coal refuse, peat and crude oil and natural gas.
95. Mixed Occupancy - Occupancy of a building or land for more than one (1) use.
96. Mohilehome - A transportable, single-family dwelling intended for permanent occupancy~
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.
97. Mohilehome T ,ot - 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. A mobilehome not located in a mobilehome park shall meet the lot
requirements for a single family detached dwelling of that district where located.
98. Mohilehome Park - A parcel or contiguous parcels of land which has been so designated
and improved that it contains two or more mobilehome lots for the placement thereon of
mobilehomes.
99. Motor Vehicle, Machinery, and "Equipment Sales and Service - Any building, land
area or other premises used for the display, sale or service and repair of new and used
automobiles, motorcycles, trucks, trailers, boats, farm equipment and machinery and the
like including engine repair, body work, frame straightening, painting, upholstering,
steam cleaning, electrical work, tune-ups and similar repair and service activities.
100. Mnlti-lJse Rnilding - Any building intended to be used by two (2) or more tenants, owners,
or users or any combination thereof.
101. Municipality - The Borough of Mont Alto, Franklin County, Pennsylvania.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-12
102. No-Impact Home-Rasf>rI Rnsinf>ss - A business or commercial activity administered or
conducted as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic, whether vehicular or
pedestrian, pickup, delivery or removal functions to or from the premises, in excess of
those normally associated with residential use. The business or commercial activity must
satisfy the following requirements:
a. The business activity shall be compatible with the residential use of the property
and surrounding residential uses.
b. The business shall employ no employees other than family members residing in
the dwelling.
c. There shall be no display or sale of retail goods and no stockpiling or inventory of
a substantial nature.
d. There shall be no outside appearance of a business use, including, but not limited
to, parking, signs or lights.
e. The business activity may not use any equipment or process which creates noise,
vibration, glare, fumes, odors or electrical or electronic interference, including
interference with radio or television reception, which is detectable in the
neighborhood.
f. The business activity may not generate any solid waste or sewage discharge, in
volume or type, which is not normally associated with residential use in the
neighborhood.
g. The business activity shall be conducted only within the dwelling and may not
occupy more than 25% of the habitable floor area.
h. The business may not involve any illegal activity.
103. Nonconforming T ,ot - 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.
104. Nonconforming Structnre - 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 Amendment to its location by reason of annexation. Such nonconforming
structures include, but are not limited to, nonconforming signs.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-13
105. Normal MaintE'nance amI Repairs - The routine upkeep of property, buildings and
structures such as painting and replacement of parts in kind with like materials.
106. NwIe - The showing of the human male or female genitals, pubic area, vulva, anus, anal
cleft or cleavage with less than a fully opaque covering, or the showing of the covered
male genitals in a discernible turgid state.
107. Nnrsery ancl Garrlen Mart - Any building, land area or other premises used to sell,
cultivate, propagate, and/or grow trees, shrubs, vines and other plants including the
buildings, strictures, and equipment customarily incidental and accessory to the primary
use.
108. Office Rnilrling - 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.
109. Office, Professional anrl Rnsiness - A room or rooms used for the carrying on of a
profession or a business.
110. Official Map - A Map adopted by Ordinance pursuant to Article IV of the Municipalities
Planning Code which may show appropriate elements or portions of elements of the
comprehensive plan with regard to public lands and facilities and which may include, but
need not be limited to:
a. Existing and proposed public streets, watercourses and public grounds, including
widenings, narrowings, extensions, diminutions, openings or closing or same.
b. Existing and proposed public parks, playgrounds and open space reservations.
c. Pedestrian ways and easements.
d. Railroad and transit rights-of-way and easements.
e. Flood control basins, floodways and flood plains, stormwater management areas
and drainage easements.
f. Support facilities, easements and other properties held by public bodies.
111. Parking Space - The space within a building or on a lot or parking lot for the parking or
storage of one (1) automobile.
112. Pet Shop - A retail store devoted to the sale of small domestic animals such as dogs, cats,
rabbits and birds.
113. PlacE' of Worship - A structure owner and/or used by a religious organization for worship,
religious training, or education.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-14
114. Plannecl Residential Oevelopment (PRO) - 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 10t size, bulk or type of dwelling, density, 10t coverage, and
required open space to the regulations established in anyone (1) residential district created,
from time to time, under the provisions of this Zoning Ordinance.
115. Planning Commission - The Borough of Mont Alto Council's Planning Committee.
116. &t - The map or plan of a Subdivision or Land Development, whether Preliminary or
Final.
117. Private Clnh or Loclee - A building and related facilities owned or operated by a
corporation, association or group of persons for social, educational or recreational purposes
of member regularly paying dues, but not primarily for a profit nor to render a service which
is customarily carried on as a business.
118. Professional Consnlbmt'iO - Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants, engineers, geologists,
land surveyors, landscape architects or planners.
119. Pnhlic (;ronncls - Includes:
a. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
b. Sites for schools, sewage treatment, refuse disposal and other publicly owned or
operated facilities; and
c. Publicly owned or operated scenic or historic sites.
120. Pnhlic Hearin~ - 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."
121. Pnhlic Meetine - A forum held pursuant to public notice under 65 Pa. C. S. CH. 7,
(Relating to open meetings).
122. Pnhlic 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.
123. QJlaclraplex - 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 BOROUGH
ZONING ORDINANCE
Page 1-15
124. Recre3tion Center - Any building, land area or other premises which is open to the
public and is used to hold meetings, play sports, games and similar activities available to
persons of all ages.
125. Recre3tion31 Vehicle - A vehicular type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary living
accommodations for recreational, camping or travel use and including, but not limited to
travel trailers, truck campers, camping trailers, boats and self propelled motor homes.
126. Resiclenti31 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.
127. Resbmr3nt, Drive-Tn - 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.
128. Reshmr3nt, F3st-Foocl - 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.
129. Ret1ljJ 3ncl Service Activities - The sale, provision of service or on-premises incidental
production or assembly of general merchandise to the general public for direct use or
consumption, but not including the sale to another business for resale purposes.
130. Rooming Honse: Any dwelling or part of dwelling containing one or more rooming units
in which space is let by the operator 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.
131. Rooming lTnit: 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 provided through common facilities available to one (1) or more rooming units.
132. S3nit1ltion F3cilities: A room equipped with at least a toilet and washbowl.
133. School - A licensed establishment providing education.
134. Screening - 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 ALTO BOROUGH
ZONING ORDINANCE
Page 1-16
SIDE PROPERTY LINE
REAR PRDPEKa r LINE
REAR YARD
SIDE PROPERTY LlHE
r------
L
REAR SETBACX UHE
SIDE SETBACK LINE
SIIE SETBACX UHE
fRDRT SETBAtX WE
Shcu:.s UHE. RlrHT -oF-wAY LINE
SIIEWALK
f--.aDAlJlAY, CARlllAY
- T - ~ -;;; UH"J
SI DEWALK
:a. ~j RIGrT..(JF-WAY
----
SKETCH PU\I~ DEP ICTING SELECTED ZONING TERMS
MONT ALTO
SINGLE - FAMILY OETACHED
NO PARrfWAI I ~ -ONE FAMILY
TWO-FAMLY OETACHED
NO PARTY WALl.- no FANUES
-
I
--
SINGLE-FAMILY SEMI-DETACHED
ONE PARTY WAU.-TVIQ FAMIUES
TWO-FAMILY SEMI- DETACHED
ONE PARlYWALL- FtlIt FAMIUES
l
---
------ 1
SINa.E-FAMLY ATTACHED.
TWO PARTY WALJ.S- THREE FAMILY
VERSION SHOWN (UP TO SIX)
(TOWNHOUSESJ
MULTI-FAMILY
TWO-PARTY WALJ..S-SIX FAMIUES
(UP TO EIGHT,
(GARDEN APARTMENTS
QUADRAPLEX
(FOUR ATTACHED DWELLING UN ITS)
MONT ALTO
ARTICLE II
ORGANIZATION
OF DISTRICTS
SRCTION 2.1
ARTICLE II
ORGA NIZA TION OF OISTRICTS
RST A HI ,ISHMRNT OF A 1,1, OISTRICTS
The Borough is hereby divided into the classes of Districts listed below:
(R-75)
(R-125)
(C-R)
(C-I)
(INST)
(FH)
SRCTION 2.2
Residential - 7,500 Square Feet
Residential - 12,500 Square Feet
Commercial - Residential
Commercial - Industrial
Institutional
Flood Hazard
PROVISION FOR OFFICIAL ZONING MAP
The boundaries of the said districts are hereby established as shown on the "Mont Alto Borough
Zoning Map", which accompanies, and which, with 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.
SRCTION 2.3
RlTT ,RS FOR INTRRPRRT A TION OF OISTRICT HOlTNOA RIRS
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 BOROUGH
ZONING ORDINANCE
Page II-I
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 VIII 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.
SRCTTON 2.4
APPT ,T(;A TTON OF OISTRT(;T RR~nT ,A TTONS
Following the effective date of this Ordinance and except as hereinafter provided:
A. 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.
B. 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 10t.
C. No lot shall be formed from part of a lot already occupied by a building unless such
building, all yards, and open spaces connected therewith, and the remaining lot comply with
all requirements prescribed by this Ordinance for the District in which said lot is located.
No land use permit shall be issued for the erection of a building on any new lot thus created
unless such building and 10t comply with the provisions of this Ordinance.
D. 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 land use permit shall have been duly issued prior to the date of the first
publication of notice of the public hearing on this Ordinance;
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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page II-2
E. 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 Board of Supervisors which ever has been granted jurisdiction over such challenge by
Section 909.1 of the Pennsylvania Municipalities Planning Code.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page II-3
ARTICLE III
DISTRICT USE
REGULATIONS
135. Self-stora~r rlevelopment - A building or group of buildings divided into separate access
units that are rented or leased for the storage of personal and small business property.
136. Semi-nllrle - The showing of the female breast with less than a full opaque covering of
any portion thereof below the top of the areola, or the showing of the male or female
buttocks. This definition shall include the entire lower portion of the human female
breast, but shall not include any portion of the cleavage of the human female breast,
exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided
the areola is not exposed in whole or in part.
137. Service Station amI Repair Garaer - Any building, land area or other premises, or portion
thereof, used or intended to be used for anyone or a combination of the following activities:
a. Retail dispensing or sales of automobile fuels
b. Retail dispensing or sales of automotive lubricants, including oil changing and
chassis lubrication where substantial disassembly is not required.
c. Retail dispensing or sales of automotive coolants.
d. Hand or machine washing of a single bay automobile wash.
e. Incidental repair or replacement of parts, such as windshield wiper blades, light
bulbs, air filters, oil filters, batteries, belts, tires, fuses and the like.
Vehicle wrecking, motor vehicle service, parking or storing of vehicles for hire, and the
operation of more than one (1) towing vehicle shall not be deemed permissible accessory
uses of a "Service Station and Repair Garage."
138. Sign - Any structure or device for visual communication that is used for the purpose of
bringing the subject thereof to the attention of the public, but not including the following:
a. Flags and insignias of any 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.
139. SigJl A rea - The total of each surface area used for the purpose of identifying
140. Si~Jlr Rnsiness - A sign which directs attention to a use conducted, product or commodities
sold, or service performed upon the premises.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-17
141. Sign, Commercial Advertising "Rillhoard" - 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.
142. Special Rxception - 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.
143. Specified Anatomical Areas - Any showing of the human male or female genitals, pubic
area or buttocks with less than a fully opaque covering, or showing of the female breast
with less than a fully opaque covering of any portion thereof below the top of the nipple,
or the depiction of covered male genitals in a discernibly turgid state.
144. Specified Sexual Activities - Actual or simulated acts of masturbation, sexual
intercourse, oral or anal copulation or sadomasochism; fondling or other erotic touching
of or physical contact with one's own or another's genitals, pubic area, buttocks or female
breasts, whether clothed or unclothed; human male or female genitals when in a state of
sexual stimulation or arousal; or excretory functions or acts with animals as part of or in
conjunction with any of the activities set forth herein. Activities that are commonly
referred to by the slang terms "lap dance", "straddle dance", "face dance", or "table
dance" shall be included in this definition. For purposes of this definition,
"sadomasochism" means infliction of pain, flagellation or torture, or the condition of
being bound, fettered or otherwise physically restrained.
145. ~ - 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.
146. Strfd - Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley,
viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians
whether public or private.
147. Stmdure - Any man-made object having an ascertainable stationary location on or in
land or water, whether or not affixed to the land.
148. Suhdivision - The division or re-division 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
10t lines for the purpose, whether immediate or future, of lease partition by the court for
distribution to heirs or devisees, transfer of ownership or building or lot development.
Provided, however, that the subdivision by lease of land for agricultural purposes into
parcels of more than ten (10) acres, not involving any new street or easement of access of
any residential dwelling, shall be exempted.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-18
149. The~lfer - Any business enterprise, excluding adult businesses or uses, which regularly
features or offers to the public the presentation of motion picture films, movies, sound
recordings or performances by persons.
150. Truck Terminal - Any indoor or outdoor place or premises where trucks, tractors and/or
trailers park or are assigned, stationed, fueled, stored, loaded or unloaded except when
accessory to a manufacturing or commercial use where said vehicles are used solely for
the delivery of supplies and/or for the transport of manufactured items or commercial
goods and services originating from said use.
151. I..I.sf - 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.
152. 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 the Ordinance.
153. Veterimlry clinic - The office of a licensed veterinarian for the treatment of animals.
154. Warehouse - A building for the storage of merchandise or commodities, excluding those
uses defined as a truck terminal.
155. Yard - An unoccupied space open to the sky on the same lot with a building or structure.
156. Yard, Ruffer - A yard covered with vegetation and intended to provide an area of
separation between different districts or uses.
157 . Yard, Rxterior - An open, unoccupied space between the buildings of a dwelling group or
its accessory buildings and the project boundary or street line.
158. 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.
159. Yard, Interior - An open, unoccupied space between the buildings of a dwelling group of
its accessory buildings, not a front, side, or rear yard.
160. Yard, Rel'lr - An open space extended across the entire width of the lot 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 BOROUGH
ZONING ORDINANCE
Page 1-19
161. 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.
162. Zoning Board - The officially established Zoning Hearing Board of the Borough of Mont
Alto.
163. Zoning Officer - The duly appointed official of Mont Alto Borough charged with the duty
of enforcing the Provisions of this Ordinance.
164. Zoning Map - The Map setting forth the boundaries of the Zoning Districts of Mont Alto
Borough which shall be part of this Ordinance.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page 1-20
ARTICLE III
OISTRICT lJSR RRGlJI ,A TIONS
SRCTION ].1
RRSIORNTIAL OISTRICTS
A. Intended Purpose: 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. PermittedlJses:
1. Single-family detached dwellings.
2. Single-family semi-detached dwellings (duplexes).
3. Single-family attached dwellings (townhouses).
4. Two-family dwellings.
5. Agriculture.
6. Place of worship.
7. Public grounds, excluding essential services.
8. Multi-family residential buildings (apartments).
9. Accessory buildings and uses customarily incidental to the above permitted
principal uses.
10. No-impact home-based businesses.
11. Forestry.
12. Day Care, Adult or Child
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).
MONT ALTO BOROUGH
ZONING ORDINANCE
Page ill-I
3. Essential Services (See Section 9.6).
4. Cemeteries (See Section 9.9).
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).
D. Sppd31 Rxcpptions lTsps: 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. Conversion Apartments (See Section 10.2).
2. Housing Development Grouping (See Section 10.3).
3. Transition Zone (See Section lOA).
SRCTION 3.2 COMMRRCIAL-RRSIDRNTIAL DISTRICT (C-R)
A. Intpnrlprl Pnrposp: 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. Pprmittprl lTsps:
1. Same as permitted uses in Section 3.1.
2. 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.
3. Local service activities including barber shops, beauty salons, tailor shops, dry
cleaners, laundromats, appliance repair, and similar or related uses.
4. Banks and other financial institutions.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page ill-2
5. Business and professional offices.
6. Funeral Homes.
7. Theaters.
8. Warehouses.
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. Private clubs or lodges, or similar recreation clubs.
11. Restaurants, primarily offering sit-down counter or table serVIce and custom-
prepared foods for on-site consumption.
12. Massage establishment.
C. Conditional lJses: 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).
3. Motor vehicle, machinery, and equipment sales and service (See Section 9.8).
4. Rooming houses or residential hotels (See Section 9.11).
5. Drive-in and fast food restaurants (See Section 9.13).
D. Special Rxceptions TTses: 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. Conversion Apartments (See Section 10.2).
2. Housing Development Grouping (See Section 10.3).
3. Transition Zone (See Section lOA).
MONT ALTO BOROUGH
ZONING ORDINANCE
Page ill-3
SRCTTON 3.3
COMMRRCTAT,-lNOnSTRTAT, OTSTRTCT (C-T)
A. Tntpndpd 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.
B. Pprmittpd nses:
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.
13. Forestry.
14. Day Care, Adult or Child
MONT ALTO BOROUGH
ZONING ORDINANCE
Page III-4
C. Conditional lTses: 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 Stores and Adult Theaters (See Section 9.12).
D. Special Rx('eptions 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.
1. Transition Zone (See Section 10.4).
SRCTION 3.4 INSTITUTIONAl, DISTRICT (JNST)
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. Schools and colleges including educational, cultural, and administrative offices,
rooms, and buildings.
2. Athletic fields, tennis courts, golf courses, ice rinks, playgrounds, parks,
gymnasiums, arenas, other similar recreational uses.
3. Dormitories and like group housing development as required by special exception
provisions found within this Ordinance.
4. Agricultural and horticultural operations.
5. Public and quasi-public buildings.
6. Other related uses found to be similar or of the same general character as the above
specified uses.
7. No-impact home-based businesses.
8. Forestry.
9. Day Care, Adult or Child
MONT ALTO BOROUGH
ZONING ORDINANCE
Page ill-5
SRCTTON 3.5
FLOOO HAZARO OTSTRTCT (FH)
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 BOROUGH
ZONING ORDINANCE
Page III-6
ARTICLE IV
LOT AREA AND
RELATED REGULATIONS
ARTICLE IV
I,OT A RRA A NO RRI ,A TRO RRc;TJI ,A TIONS
SRCTION 4.1
RRSIORNTI A I, OISTRICTS
A. Single-Family Oetj)checl OwelJings CR-':; Zone) Require:
Minimum
:j<L.QtSi:?:~ ... ......... ............ ....____l.,.5.QQ S~ Ft._..
.L.9tWi.dth ..... .. _.__7~_EeeL___
L.QtQ~pth.. ........ ........ ... ..--.____lQQ_fe~L.___
..fmmYflXd.. ...... .............._..__.____.__.2~J~eet ___
.Each Side yard............... ....._ ..u____.___J.O_E~et __._
..R~~Y~d.. .....__..___2~Ee~L__.._
Maximum
....LQt...c:.::QY~I~g~....
.....61Jildip.gH~ight.....
.. ........... ............. ................. ....-2Q_PJ;~n:~p.L___.
...._...J~f~~t_......__
B. Single-Family Oetj)checl OwelJings (R-12:; Zone) Require:
Minimum
:j<L.9tSi.:?:~.. ....... .......... ....... ..... ...... ... .12,~_QQ..SCl,.Et_
Lot Width........ .........................JQQE~~L..._
..L.9tQ~Pth.... ........... .....12~_E~~t__...
Eml}tY~d............. ......... ....... ...... ............ ......... ..... ........JQE~~t
..E~GhSid~YflXd.... lQfeet
R~~Y~d.. .. ............... . ............... ................ .. ..... ......JQE~~L....
Maximum
..L.Qt...c:.::QY~I~g~.....
...61Jildip'gH~ighL
20 Pef(::.~nt
35 Feet
* Those lots served by either on-site water supply or on-site sanitary sewer, sha11 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 on-site 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 BOROUGH
ZONING ORDINANCE
Page N-l
C. Sint?Je-Family Semi-Oetllched Owellint?s (Ouplexes Or Oouhle Houses) Tn All
Permitted Oistrict.s Require:
Minimum
___~LQ1Si~~m
LQtWidtp_
J-"QtQ~ptp
__fm111Y;:lId
J~:~<::hSid~___Y<:lJ.d____
__R~ill:Yill:d
m_ _ __ _ _ _ __ _4,~QQ.Sq_Et,.._
- - - - -- ---______ __ __m _ _ _ _______ _ _____ _ ___._._____ __ ___ __. _ __._ _.4J1E~~L.__._.
. __ __lQQ_.P~~L_.
_ _ _ _____ __ _ m____ __ _ _m__2~_E~~L
._..J~_E~~L.m.
___ _ _2.5_E~~L__
Maximum
_LQtCQY~r~g~__
_B!JUdingH~ight
- -- - - - ___.m _ __ _ __m _ _._ ____ _ _ . __ ____m _ _ 5_Q.E~rf~nL__
______m___. _.J5..E~~t___m
* 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.
D. Single-Family Attllched Owellings (Townhouses) Tn All Permitted Oistrids Require:
Minimum
Lot Size 4,500 Sq. Ft. Per End Unit
__m _ ________ ___ mmmm m _____ _____________ ______ __ _mmm __ __ _ _ _ ______m_ _ ________ _mmmm ___. ____ -_2_,~QQ-Sq,FtP~rmt~dQrUpjt
-- Ul1itWidth mmm _____________________ ________mmmm ___mm ______mmmm _m m_ ______ __?QF~~tE~rUnit
_Qi~t@9~-6~t~~~nStD.JGJ1,lr~;>.(fmmJQl>~<::kl.___._____ _______.____. _m _ _ ___ __mm~QF~~t
Front Yarc:t __ mmm m __ ___________ _mm ____ __ _________ _________ _ ____ __ ___ __ mmm _____ _ __ mm _____ __ mm__ __ _____ _____________ __ __ m25.E~~tm
.Side Yard For Each End Unitmmmmmm_mmmmmmm_ ml~E~~tm
R~ill:Yill:dm _ _ mmm mm _ _ _ _ mmm_ _ mm ___ _ __ __ __ ___ _____25F~~t
First Floor Area Per Unitmmmmmmmm ___ __ mmmm __QQQSq,Ftm
__-~JJmb~LQ[Unit;>.E~rStru9.t!Jr~ _ __ _____________ __ __mm mm mm_____mm __ _ _m_______________ __ ______ m3UnH~m
--CQmmQnQp~nSp~G~E~<::l!JdipgYill:d_~ _____ _____ _m___mm_____________ _____JQP~r9~nt
Maximum
L9tCQY~:mg~mm _ _m__m _m mmm _ _5.QP.~r9~ntm
B!JUdingH~ight _____ __ _ __ m_ __ _ m mmm mmm ____ m35E~~t
Nl.l.ml>~rQfJlnit;>.P~rStru<::tm:~m _ ___mm ___mJQJJnits
Q~nsityp~rQrQ;>.s_A9.r~ _ 7 Units
* Central or public water supply and sanitary sewer shall be provided.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IV-2
E. Multi-Family Residential Dwellings and Garden Apartment" Tn All Permitted
District" Require:
Minimum
Lot Size 40,000 Sq. Ft. For Entire Project Area
.. ... ........... . . ..m ..........mm.mm ... ......... ......._m.. .....-----..----------------:f~~QQ.Sg,-Flr~rQ"Y~UjnKTJniL__.__
.1,Qt\Yidth.. . .....-------------------__2D.Q_E~~tEQIEntir~.rr9j~<::LA!:~_<L_ .
LQtQ~Pth ...... . ... m ........ . .. .. _.___ .__m ________________________.________.__ ........ _l~QF~~t . m.. ...m ... .. . . . . _ ._
J<'mnLYm:dm.. . .... . . m. . . .... ... . ._. ............ m_ ... ..... __.____________________..____.__._._ ___ 3,5_E~~t .. .... __..
_E~<::b_S.jQ~y~clmm ....... ... .m.... ..__... ... _.__.__._________________....... .... ... ._2S.E~~t.
_B~m: Y::l,n;lm . .. ...... ..__________ ------_____.____m___:f.S....F~~t_
_.Pi~l~n<::~.H~t"Y~~n...SJmGlm~~_(f);QIJ!!Q_Q~<;JS:.}_____ ________.________... .... mm..:f~E~~t..._
. ~QmmQn...QQ~nSp~<::~E~Gl!JQinKyirr.(l~_____.._________________.. .......1s....r~r<;.~nl
Maximum
1QtC.Qy~r~g~m ..____2,5_P.~I<::_~nL_....
._HlJildiQgJf~i.gbtm .____J.~_E~~L_ .
.~ngthQfAnyHIJUdi.nKStmgtlJI~ .. ._______.______:fQQ_F~~t__
.Nmnb~rQfIIIJi.t.~r~LSlmgt.m~ ............ ..... JQ_Q"Y~1li.IJgJJniJ~
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.
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.
SFTTION 4.2 COMMRRCIAI,-RRSTDRNTTAL DISTRICT (C-R)
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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IV-3
1. Front Yard ............................. 10 Feet
2. Side Yard .............................. 5 Feet (Unless Buildings Are Attached)
3. Rear Yard ........ ...................... 15 Feet
4. Maximum Lot Coverage shall not exceed fifty (50) percent.
B. For every building used in whole or in part as a dwelling unit, a lot area of not less than One
thousand eight hundred square feet (1,800) per unit shall be provided. The requirements for
Subsection A shall also apply.
SRCTTON 4.]
COMMRRCTAL-TNonSTRTAL OTSTRTCT (C-I)
A. Minimnm Rf'qnirf'rI:
_l,QtSize - -- -- - - - - -- - ---- - - - _ _ _ __ _ _ ___ __________ ___ _ __ m-----------------_lQ,QQQ_S_q,Flm
J~91WiQth m - ---- _ _ _ _ _____ __________mm_______ ______ -------------.--------_____8_QE~~t
J~QtQ~Pth_ ___ _ _ __ _ _ _____ _m _ __ __ --------------------J2_QJ:~~t
- ]:rgpLYm;Q - __ _ __ __ _ _ _ _m __ _ _ m __ _ _ _ m _ _ _ _ -m-m--_-----___mm__________2~E~~t
J:~;:l,~hSiQ~Ym;d m - -- - _ _ __ _ m __ _ _ ____ _ __ ____m____ __ __ ___ _ -____m_mm_mm__ _____ -_mmmIQE~~lm
mR~m;Ym;d _ __ _m -- - - - _ __ _ __ _ ___ _ ____ ___ __ _______m_ ___ _ _____mmmm _ -mmmmmmm_mmmm_m_mm_mm_J~E~~L
- mSiQ~Ym;gAQlJUingAR~~iQ~gti;:IJ-8.Ql,!ndWYmm_ m _ mJj_E~~Lm
mR~m;Ym;dAQlJWngA___R~~id~nti;:l,L-8.QlJndill:Y __ m____m_m_m_________2Q_E~~1__ _
B. Maximum:
L9tCQY~mg~ __ __ ____ _______mm ____ m _____m_mmmmm __ mm
- --8.!JiJQingH~ight ____ ___ mm ___m ___ _m _ _ _ __ ___ __ _ mmmmmm
___m~Qm,p~I~~ntm
45 E~et
C. 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.
D. 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page N-4
E. P('rformanc(' Standards:
All Commercial and mdustrial Uses shall meet or exceed all of the following requirements:
1. Ruffer Zones:
a. 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.
b. A minimum buffer zone of fifty feet (50') in width shall be provided along
any common property line with a residential use or district.
c. The buffer zone shall be maintained and kept clean of debris, rubbish,
weeds, and other unsightly features.
d. No building, structure, or physical improvement shall be permitted in the
buffer zone except:
(1) An access drive;
(2) A stormwater facility; and
(3) A permitted sign.
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.
(1)
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.
(2)
The screen planting shall be maintained permanently and any plant
material which does not live shall be replaced within one (1) year.
(3)
The screen planting shall be so placed that at maturity it will be no
closer than three feet (3') from any street or property line.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IV-5
(4) A 75' foot clear-sight triangle shall be maintained at all street
intersections and at all points where private access ways intersect
public streets.
(5) 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. Drainaee:
No stormwater or natural drainage which ongmates 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.
3. Electricity:
There shall be no electromagnetic interference that adversely affects, at any point,
the operation of any equipment other than that belonging to the creator of such
interference, or that is not in conformance with the regulations of the Federal
Communications Commission.
4. .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.
5. Radioactivity:
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.
6. Vihr::Jtion:
There shall be no vibration which is discernible to the human sense of feeling
beyond the immediate site on which such use is conducted.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IV-6
7. Eire:
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. fu addition, a
Pennsylvania Department of Labor and fudustry Permit must be obtained prior to
the Borough issuing a land use permit.
8. 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 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 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. Stor:::lee of Explosives or Flamm:::lhle Sllhst:::lnces :::lnd W:::lste Disposal:
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
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IV-7
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 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 accordance with standards
prescribed by the American Standards Association. Measurements shall be made
using the same measuring system which may now or hereafter be utilized by the
United States Government for this purpose.
11. Dllst, Fumes, V:::lpor, :::lnd 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 Protection for
similar or identical measurements.
12. T .iqllid :::lnd Solid W:::lstes:
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 Protection and shall be in accordance
with the Franklin County Municipal Waste Management Plan as adopted in 1991.
Such evidence of approval shall be provided.
SRCTTON 4.4
TNSTTTlTTTONAL OTSTRTCT (TNST)
A. There shall be no minimum lot 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IV-8
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 BOROUGH
ZONING ORDINANCE
Page IV -9
ARTICLE V
SUPPLEMENTARY DISTRICT
REGULATIONS
ARTICLE V
SlTPPI ,RMRNT A RV OISTRICT RRGlTI ,A TIONS
SFTTION 5.1
ACCRSSORV RlTTT ,OING A NO STRlTCTlTRR REGlTI ,A TIONS
A. 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.
B. Accessory buildings constructed at the same time may be located in pairs or groups on
continuous lots in the required rear or side yard along the common side lot line or rear lot
line.
C. 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.
D. When an accessory structure is attached to the principal building, it shall comply in all
respects with the requirements of this Ordinance applicable to the principal building.
E. No accessory building shall project nearer to the street on which the principal building
fronts the minimum building set-back distance for the principal building.
F. No portion of any accessory building or structure shall be inhabited.
SRCTION 5.2
HEIGHT RRGlTI ,A TJONS
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 BOROUGH
ZONING ORDINANCE
Page V-1
SRCTION 53
Y A UO A NO I,OT RRGlTI ,A TIONS
A. On Cornp.r I,ots:
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.
B. Front. Vard Rxcp.ption:
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').
C. Projp.ctions Into Upqnirp.d Vards:
Open patios may be located in side and rear yards provided, if located closer than five feet
(5') to any adjacent property line, they shall be screened in accordance with the provisions of
this Ordinance. In case of a comer lot, no patios or porches shall extend into the required
yard adjoining each street frontage.
D. Rxistin~ Small I,ot\;;:
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 lot 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 with Section 53.B.
E. Thron~h I,ot\;;:
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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page V-2
F. Waivp.r OfVards:
No side yard or rear yard shall be required where such yard abuts an abandoned railroad
right-of-way.
SRCTION 5.4
PRIV A TR OlTTOOOR SWIMMING POOl,S
A land use 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.
SRCTION 5.5
PARKING RRGlTLATIONS
A. Schp.dnlp. of Parkin~ Rp.qnirp.mp.nt\;;:
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 BOROUGH
ZONING ORDINANCE
Page V-3
USAGE FOR: MINIMUM PARKING SPACES
Supermarkets, Furniture or Appliance Stores, One (1) space per 300 square feet of floor
Offices, Retail Businesses, and Service area.
Establishments
Restaurants, Taverns and Night Clubs One (1) space for every 2.5 seats.
Five (5) spaces for each professional person
Professional Offices and Clinics unless the applicant can satisfactorily
demonstrate a need for fewer spaces, but in
no case less than Five (5) spaces.
Motels, Hotels, Boarding Houses, Rooming One (1) space for each sleeping room and
Houses and Dormitories One (1) space for each employee.
Theaters and Auditoriums One (1) space for every 3.5 seats.
Social Halls, Clubs and Lodges One (1) space per 3.5 seats.
Automobile Sales and Service Garages One (1) space per 400 square feet of floor
area.
Three (3) spaces per classroom plus One (1)
Schools space for each five (5) seats in any place of
assemblv.
Hospitals and Nursing Homes One (1) space for each three (3) beds plus
One (1) space for each employee.
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 Plants and One (1) space for each 1,000 square feet of
Laboratories floor area plus One (1) space for every three
(3) employees on the maximum shift.
Churches, Libraries and Places of Public One (1) space per 200 square feet of floor
Assembly 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page V-4
B. A rp.as Compntp.d As Parkin~ Spacp.s:
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 off-street 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. Sizp. Of Spacps:
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 900
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').
D. Circnlation for Opad Rnd Parkin~ I,ots:
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. ill no case shall parking areas be designed to require or
encourage vehicles to back onto a public street.
E. Oraina~p. A nd Snrfadn~
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. Minimnm Oist~ncps:
No off-street parking shall be closer than ten feet (10') to the principal structure or closer
than ten feet (10') to any side or rear lot line.
G. Scrp.p.nin~:
Parking areas shall be physically separated from any public cartway by a minimum of a five
foot (5') planting strip.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page V-5
SRCTION 5.ll
STORAGR OF OISMANTLRO OR NON-OPRRARLR VRHICLRS
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.
SRCTION 5.7
HOMROWNRRS ASSOCI A TION
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.
SRCTION 5.R
SIGN RRGlTI ,A TIONS
Signs may be erected and maintained only when in compliance with the following provisions.
A. Gp.np.ral Rp.gul3tions Applyin~ To All Rnsinp.ss Signs:
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 (1) outdoor sign per street frontage shall be permitted. For purposes of
advertising, a customary home occupation, professional office or studio used in con-
junction with a dwelling, such sign area shall not exceed four square feet (4 Sq. Ft.)
m 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page V-6
B. Si~ns Pp.rmittpd As An Accp.ssory To Commp.rdal And Industrial lTSp.s:
1. Size of Siens - 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%).
2. Nllmher And T .oc:::ltion - 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.
C. Prohihitp.d Si~ns:
1. Signs, advertisements, etc., which simulate official directional or warnmg SIgns
erected by a Municipality or public utility.
2. Signs erected within a seventy-five foot (75') clear sight triangle of intersecting
streets.
3. Signs which use a series of two (2) or more free standing signs placed parallel to the
roadway carrying a single advertising message, part of which is contained on each
SIgn.
4. 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.
5. Signs placed upon the roof of a building.
6. Billboards or similar outdoor advertising signs which advertise products or
businesses not connected with the site or building shall be prohibited in all districts
except the Commercial-illdustrial District.
D. Pp.rmitl;; For Rrp.ction Of A Sien:
All business identification signs as permitted in the Commercial and illdustrial Districts and
all commercial advertising signs, as permitted in the Commercial-illdustrial District, shall
obtain a land use permit and a building permit prior to erection.
E. Rp.~nlations Applyin~ To All Commp.rdal Advp.rtisin~ Si~ns:
1. Size of Signs - No commercial advertising sign shall exceed a total maximum
surface area of 150 square feet (SF).
2. Maximum Number of Signs - One sign per property.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page V-7
3. Maximum Height - No commercial advertising sign shall exceed 35 feet in height.
4. Spacing - Any commercial advertising sign that exceeds 40 square feet (SF) in area
shall be located a minimum of 200 linear feet (LF) from any other commercial
advertising sign.
5. lllumination - Any illumination or floodlighting shall be designed so that there will
be no glare of lights upon a residence, street or residential district.
SRCTION 5.9 FRNCRS, W AI,I,S, ANO HROGRS
Notwithstanding other provisions of this Ordinance, screening may be permitted in any required
yard, or along the 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 (2 112') in height.
SRCTION 5.10
RRRCTION OF MORR THAN ONR PRINCIPAL STRlJCTlTRR ON
A T,OT
ill 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.
SRCTION 5.11
STRlJCTlTURS TO HA VR ACCRSS
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or be
accessible to an approved private 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.
SRCTION 5.12
PA RKING, STORAGR, OR lTSR OF RRCRRA TION A I, VRHICI,RS
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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page V-8
SRCTION 5.1]
INOIVIOIJAI, MORTT,RHOMRS
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.
SRCTION 5.14
ACCRSS ORIVRS
The following requirements are applicable to all Borough developments being provided access.
A. 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.
B. The number of access drives may not exceed two (2) per residential lot or use on anyone
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.
C. 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.
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 BOROUGH
ZONING ORDINANCE
Page V-9
SRCTION 5.15
OTTTOOORSTORAGR
Outdoor storage shall be permitted in the C-R, C-I and the INST Districts subject to the following
requirements:
A. Outdoor storage shall not be allowed in the required front yard.
B. ill the C-R and INST Districts, any outdoor storage area must be an accessory to a principal
permitted use and shall not occupy more than ten (10) percent of the entire lot area.
C. All outdoor storage shall be fully screened to ensure that the area is not visible from the
public right-of-way, public view, or adjacent residential districts or residential uses.
D. All screening shall be maintained in such a manner as to present a neat and orderly
appearance at all times.
SRCTION 5.1ll
KRRPTNG OF PRTS
A. This section does not pertain to the keeping of livestock. The keeping of livestock is
permitted only in areas in which agricultural operations are permitted.
B. No use shall involve the keeping of animals in such a manner that it creates a nuisance,
including noise or odors, or a health or safety hazard.
C. ill any residential district, no more than three (3) dogs and no more than three (3) cats may
be kept.
D. Keeping of more than the specified number of dogs or cats, or any number of dog or cats for
commercial purposes, shall be considered a kennel.
SRCTION 5.17
SRI,F.STORAGR ORVRI,OPMRNT
A. Self-storage developments shall be permitted in the C-R and C-I Districts.
B. Outdoor storage shall be limited to recreational vehicles, campers, and boats on trailers
parked on paved areas. All items stored outdoors must be licensed and inspected, if
applicable, and in operational condition.
C. Trash, radioactive or highly toxic substances, garbage, refuse, explosive or flammable
materials, hazardous substances, animals, animal carcasses or similar items shall not be
stored.
D. Nothing shall be stored in interior traffic aisles, off-street parking areas, loading areas or
MONT ALTO BOROUGH
ZONING ORDINANCE
Page V-lO
access ways.
E. Repairs of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be
permitted.
F. Adequate lighting shall be provided to illuminate the area and all such lighting shall be
designed and arranged so that there will be no glare of lights upon a residence, street or
residential district.
G. All outdoor storage area shall comply with the requirements set forth in Section 5.15 of this
Ordinance.
H. No building shall be longer than 200 linear feet (LF) and all buildings shall be separate from
each other by a minimum distance of 15 linear feet (LF).
MONT ALTO BOROUGH
ZONING ORDINANCE
Page V-ll
.
FIGURE I
DRIVEWAY CONSTRUCTION SPECIFICATION
CD
WITHOUT HIGHWAY CURB
DRIVEWAY IN CUT SECTION
EGGE OF
SHOULDER
I . ...j
1 GRADIENT' ~
I/i' TO 11/2" PER FT. GROUND SLOPE
SIDE ~rD ~L
SLOPE DRIVEWAY GRADIENT
MtNIMUM DIAMETER" 1/2" TO I ~2 II PER FT.
OF UNDERDRAIN 15
OR EQUIVALENT
THEREOF
@ DRIVEWAY IN VALLEY GUTTER
@ DRIVEWAY IN FILL SECTION
DRIVEWAY GRADIENT
.1/2" TO I ~2 "PER FT.
FILL
SLOPE
MONT ALTO
WITH HIGHWAY CURB
DRIVEWAY WITH HIGHWAY EDGE CURB
EXISTING DRIVEWAY GRADIENT
UNPAVED L" I "
CURB 1- SPACE -+-- SIDEWALl< SPACE 1 ~/2 TO I /2 PER FT.
'''OR 2" GUTTER..... I I __ _ ....
~
DIFFERENCE BETWEEN GRADIENT OF DRIVEWAY
AND CROSS SLOPE OF PAVEMENT SHOULD NOT
EXCEED ," PER FT.
@)
ARTICLE VI
NONCONFORMING
USES AND STRUCTURES
ARTICLE VI
NONCONFORMING lJSRS A NO STRlTCTlTRRS
SRCTION ll.l
NONCONFORMING lJSRS A NO STRlJCTlTRRS
A. A non-conforming use is any use, whether of a structure or tract of land or both, existing on
the effective date of this Ordinance which does not conform to the Use Regulations of the
District in which it is located.
B. The following provisions shall apply to all structures 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 structures and uses that become non-conforming by reason of any
subsequent amendment to this Ordinance. Any non-conforming use of structures 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 take place only on the lot or contiguous lots held in
the same ownership as that existing at the time the uses became non-
conforming.
b) Any modification shall conform to the area, structure 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 nonconforming 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.
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 non-conforming use shall not confer the right to do so.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page VI-1
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 structure is not completed within the said one (1) year period,
the non-conforming use of such structure shall be deemed to have been
discontinued, unless such non-conforming use is carried on without interruption in
the undamaged portion of such structure.
C. A non-conforming structure is any structure 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.
D. Nothing in this Article shall be deemed to prevent normal maintenance and repair, structural
alteration in moving, reconstruction, or enlargements of a non-complying structure provided
that such action does not increase the degree of or create any new non-conformity with
regards to the regulations pertaining to such structures.
SRf':TION ll.2
RRPAIRS ANO MAINTRNANCR
Notwithstanding any of the above regulations, nothing in this Article shall be deemed to prevent
normal maintenance and repair of any use or structure, or the carrying out upon the issuance of a
land use permit or major structural alterations or demolitions necessary in the interest of public
safety. ill granting such a land use permit, the Borough shall state the precise reason such
alterations were deemed necessary.
SRCTION ll.~
RRGISTRA TION OF NON-CONFORMING nSRS
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 BOROUGH
ZONING ORDINANCE
Page VI-2
ARTICLE VII
ADMINISTRATION
AND ENFORCEMENT
ARTICLE VII
AOMINISTRATION ANO RNFORCRMRNT
SRCTION 7.1
OTJTIRS OF ZONING OFFICRR
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. illspections 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.
C. The Zoning Officer shall maintain files, open to the public, of all applications for land use
permits along with plans submitted therewith as well as final permits.
D. 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.
E. The Zoning Officer shall submit to the Borough Council for insertion in the minutes, a
written report summarizing for the month all land use permits and certificates of occupancy
issued by him or her as well as complaints of violations and action taken as a result of such
complaints.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page VII-1
SRCTION 7.2
I ,A NO lTSR PRRMITS
No building or structure in any District shall be moved, added to, erected, reconstructed, or
restored, or structurally altered and no increase in impervious surface are on a property shall be
permitted without a land use permit duly issued upon application to the Borough of Mont Alto.
No land use permit shall be required for normal maintenance and repairs.
No land use permit shall be issued unless the proposed construction of use is in full conformity with
all the provisions of this Ordinance. Any land use 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 nullification thereof; and any work undertaken or use established pursuant to any
such permit shall be unlawful.
A. Every application for a land use 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. 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.
2. The block and lot numbers as they appear on the latest tax records.
3. 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.
4. 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.
5. 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.
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.
B. No land use permit shall be issued for the construction or alteration of any building upon a
lot without access to a public street or highway.
C. No land use 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page VII-2
D. No land use permit shall be issued for a building to be used for any Special Use in any
District where such use is allowed only by approval of the Borough Council unless and until
such approval has been duly granted by the Borough Council.
E. The land use permit application and all supporting documentation shall be made in
triplicate. On the issuance of a land use permit, the Zoning Officer shall return one (1) copy
of all filed documents to the applicant.
F. The Borough shall, within ten (10) working days after the filing of a complete and properly
prepared application, either issue or deny a land use permit. If a land use 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.
G. 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 land use
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 preparation 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.
H. The holder of a land use 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 land use permit shall be issued 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.
SRCTION 7.]
EEES
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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page Vll-3
SRCTION 7.4
CONSTRlTCTION A NO TTSR TO RR AS PROVIORO TN
APPLICATIONS, PLANS ANO PRRMITS:
Land use 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.
SRCTION 7.5
COMPI ,A INTS A NO RNFORCRMRNT
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.
SRCTION 7.ll
RNFORCRMRNT NOTIFICA TION
If the Zoning Officer shall find that any of the provisions of this Ordinance are being violated, he
shall notify, in 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.
SRCTION 7.7
RNFORCRMRNT RRMROIRS
A. Any person, partnership or corporation who or which has violated the Provisions of this
Ordinance or of Act 170 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 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 shall be paid over to Mont Alto Borough.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page VII-4
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. ill 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 BOROUGH
ZONING ORDINANCE
Page Vll-5
ARTICLE VIII
ZONING
DEARING BOARD
ARTICLE VIII
ZONING HRA RING ROA RO
SRCTION R.l
CRRA TION A NO A PPOINTMRNT OF ROA RO
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 (1) 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.
SRCTION R.2
ORGA NIZA TION OF ZONING HRA RING ROA RO
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.
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.
MONT ALTO BOROUGH
ZONING ORDINANCE Page VIII-1
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.
SRCTION R.3
PURI,IC HRA RINGS
A. Notice' Condllct of meetine: 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. ill 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. 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page Vill-2
B. Representation' St::Jtements: 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.
D. Decision Procedllre: 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 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page Vill-3
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 the
person requesting such copy or copies. ill other cases the party requesting the original
transcript shall bear the cost thereof.
SRCTION K4
ZONING HRA RING ROA RO'S FJJNCTIONS
A. Appp.als From Thp Zonin~ Officp.r:
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. Challp.ner To Thp. Validity Of This Ordinancp. 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. ill 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. Variancp.s:
The Zoning Hearing Board shall hear requests for variances 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 BOROUGH
ZONING ORDINANCE
Page VIII-4
3. That such unnecessary hardship has not been created by the appellant.
4. That the variance, if authorized, will not alter the essential character of the
neighborhood or district in which the property is located, nor substantially or
permanently impair the appropriate use or development of adjacent property, nor be
detrimental to the public welfare.
5. 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.
6. ill granting any variance, the Zoning Hearing Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the purposes of
the Zoning Ordinance.
D. Spp.dal Rxcp.ptions:
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. ill 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.
E. Partip.s Appp.llant Rp.forp. Zonin~ Hp.arin~ Hoard:
Appeals under Section 8A.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 8A.D. may be filed with the
Zoning Hearing Board by any landowner or any tenant with the permission of such
landowner.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page VIII-5
SRCTION R.5
TIMR I ,IMIT A TIONS
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.
SRCTION R.ll
ST A V OF PROCRROINGS
Upon filing of any proceeding referred to in Section 8A.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.
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.
SRCTION R.7
EEES
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.
B. 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 as it shall deem necessary.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page VIII-6
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 the Board. Transcripts are paid
for by the party requesting the copy. ill appeals the party appealing the decision pays for the
transcript.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page VID-7
ARTICLE IX
STANDARDS FOR
CONDITIONAL USES
ARTICLE IX
STANOAROS FOR CONOITIONAI, nSRS
SRCTION 9.1
COMPI,IANCR
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.
SRCTION 9.2
CONOITIONAI, nSR
A. Ohjectives - On Application, and after public hearing, the Borough Council may authorize
the issuance of land use permits for any of the Conditional Uses for which this Ordinance
requires in the District in which such use is proposed to be located. ill approving any such
use, the Borough Council shall take into consideration the public health, safety and welfare,
the comfort and convenience of the public in general, and of the residents of the immediate
neighborhood in particular, and may prescribe appropriate conditions and safeguards as may
be required in order that the results of its action may, to the maximum extent possible,
further the expressed intent of this Ordinance and the accomplishment of the following
objectives in particular:
1. That all proposed structures, equipment, or material shall be readily accessible for
fire and police protection.
2. That the proposed use shall be of such location, size and character that, in general, it
will be in harmony with the appropriate and orderly development of the District in
which it is proposed to be situated and will not be detrimental to the orderly
development of adjacent properties in accordance with the Zoning Classification 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:
(a) The location and size of such use, the nature and intensity of operation
involved in or conducted in connection therewith, its site layout and its
relation to access streets shall be such that both pedestrian and vehicular
traffic to and from the use and assembly of persons in connection therewith
will not be hazardous or inconvenient to, or incongruous with, said
Residential District or conflict with the normal traffic of the neighborhood;
and
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-1
(b) The location and height of buildings; the location, nature, and height of
walls and fences; and the nature and extent of landscaping on the site shall
be such that the use will not hinder or discourage the appropriate
development and use of adjacent land or buildings.
B. Application - 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
(200') of the lot. ill 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.
C. Referral To The C'Olmty Pl:::lnnine 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 (30) days. Failure of
County response within the prescribed time period shall constitute a favorable opinion on
said application by the County.
D. Rorolleh rOllncil 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.
E. Conditions :::lnd S:::lfeeJlilrds - 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 to the revocation of said permit.
F. Effect Of Condition:::ll Use Approval - Any use for which a conditional use permit may be
granted shall 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.
SRCTION 9.]
RRQlTIRRMRNTS OF SPRCI A I, ST A NOA ROS
Specific standards for Conditional Uses allowed in this Ordinance are set forth in this Article.
These standards must be met prior to the Borough Council granting a Conditional Use Permit for
such uses in applicable zones.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-2
SRCTION 9.4
SPECIAl, RRQlJIRRMRNTS FOR CI,lJSTRR RRSIORNTIAI,
SlJROIVISIONS
The following modifications of minimum lot size and lot width requirements are permitted under
the terms and specifications herein stated.
A. Variahlp. Lot Sb:P. Provision:
The requirements specified in Article IV, may be reduced to not less than the standards
noted hereafter:
.B..:.1.2S
Lot Area in Square Feet ............................. 10,000
Lot Width in Linear Feet ............................ 80
Gross Density (Lots Per Acre) .................... 4
.R.:1S
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 comer lots shall not be reduced below the standards set forth in Section
4.1; reductions shall be directed at interior lots.
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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-3
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.
B. Common Op~n Spacp. Prp.sp.rvation 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:
1. 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 Alto to be
used for one (1) or more public purposes such as conservation, recreation, essential
services, public works, administration, education, or similar land use.
2. 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.
3. 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.
4. The standard density requirements of the Zoning District in which the modification
is permitted.
5. 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 determined by the Borough relative to their public purpose.
Dedication or conveyance shall be in a form and manner acceptable to the Borough
Solicitor.
SRCTION 9.5
SPRCI A I, RRQlTIRRMRNTS FOR PI ,A NNRO RRSIORNTI A I,
ORVRI,OPMRNTS
A. Pllrpose:
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.
3. To encourage a more efficient use of land and services so that economies may
benefit those who need homes.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-4
4. ill the aid of the above purposes, to provide a procedure which can relate the type,
design, and layout of residential 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 regulations
over land development is carried out pursuant to sound, expeditious, and fair
administrative standards and procedures.
B. Rlieihility Reqnirements:
Any application for preliminary or final approval shall as a minimum meet the following
requirements:
1. The proposed Planned Residential District shall consist of one or more contiguous
parcels of land under single ownership.
2. The proposed Planned Residential Development shall contain a minimum of ten
(10) acres of land.
3. 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 Protection, to service the entire development.
4. Planned Residential Developments shall be permitted to locate only in the R-75 and
R -125 Residential Districts in the Borough.
C. T .:::IndY Tse Control :::Ind Density Reqllirement~
1. Resiclenti:::lllTses:
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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-5
Each type of housing style shall constitute a minimum of twenty percent (20%) of
the total number of housing units.
2. Non-Resiclenti:::lll Jses:
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. illstitutional uses such as private schools, nursery schools and child day care
centers, churches, community activity centers, nursing homes, and
retirement homes.
3. T .andOse Density:
Within the Planned Residential Development, density shall be regulated by the
following standards.
a. Average gross residential density of the total Planned Residential
Development Site shall not exceed eight (8) dwelling units per acre.
b. The percentage of the Planned Residential Development Site to be devoted
to common open space shall be no less than thirty percent (30%) of the total
site area.
c. The percentage of the Planned Residential Development 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.
d. 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
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-6
Lot coverage of commercial buildings shall not exceed thirty-five percent (35%) of
the land area designated for commercial use.
D. Site An:::llysis
1. N:::ltllr:::ll Fe:::ltllfes Analysis:
ill 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 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 Analysis of the following subject categories:
a. Hydrology/Drainage
b. Geology
c. Soils
d. Topography
e. Vegetation
2. Commlmity Tmpact Analysis:
ill 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 Desien Reqllirements
1. Residential TJses:
a. Dwelling unit structures shall be located and interspersed so as to promote
pedestrian and visual access to common open spaces.
b. illterior yards and/or structural spacing between dwellings and units shall be
provided in accordance with the following minimums:
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-7
Front to Front
Front to Side
Front to Rear
Side to Rear
Side to Side
Rear to Rear
Comer to Corner
60 Feet
40 Feet
60 Feet
40 Feet
15 Feet
50 Feet
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 considerations of fire and other safety features have been
adequately accounted for.
e. No structure shall be located within twenty feet (20') of the right-of-way of
collector streets.
2. Commerci:::lllJses:
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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-8
3. Common Open Sp:::lce:
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
watercourses and bodies of water, rock outcroppings, and scenic views shall
be incorporated into common open space areas whenever possible.
However, no less than twenty-five 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.
4. Streets, Sewer and W::Jter Utilities, Storm Drain:::lee :::lnd Soil Erosion rontrol, ClIfhs
and Gutters and Sidew:::llks:
Streets, sewer and water utilities, 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 P:::lrkine:
Off-Street Parking Facilities shall be in accordance with Section 5.5 this Ordinance.
6. Other T Ttilities:
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 away from adjacent residences.
b. Telephone, electric, and cable television utilities shall be installed
underground.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-9
7. Tree C:onservation and T ,andscapine:
a. The protection of trees six inches (6") or more in diameter (measured at a
height four and one-half; feet [4'6"] 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
preserved 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. ill these cases, landscaping shall be undertaken in order to
enhance the appearance of the Planned Residential Development, aid in
erosion control, provide protection from wind and sun, screen streets and
parking areas, and enhance the privacy of dwelling units.
8. Provisions For Encollf:::leine The 1 Jse Of Renew:::lhle Enerey Sy!';tems And Enerey-
Conservine Rllildine Desien:
Regulation for height and setbacks for structures, 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, M:::linten:::lnce, :::lnd Preservation of Common Open Space
1. For the purpose of ownership, maintenance, and preservation of common open
space, the developer shall establish a Homes Association in accordance with Section
5.8 of this Ordinance.
2. ill the event that the organization established to own and maintain a common open
space or any successor organization, 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 Development setting forth the manner in which
the organization has failed to maintain the common open space in reason-able
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
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-lO
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 here-to fore 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 Borough, at which hearing such organization or the residents and owners of
the Planned Residential Development 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 organization 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 there-after. The decision of the
Borough in any such case shall constitute a final administrative decision subject to
judicial review.
3. 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 space for the 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.
4. An offer of dedication of common open space made by the developer in the
development plan, before the establishment 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.
G. Development in St:::lE';t'~s
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 BOROUGH
ZONING ORDINANCE
Page IX-ll
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 offset 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.
H. Procedllr:::ll Reqllirement!'> (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 Sub-division 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.
e. 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-12
f. 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.
g. Site plans shall be drawn at a scale no larger than one inch (1 ") to fifty feet
(50').
h. 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. Pllhlic He:::lrines:
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 preserved or, if not accepted in evidence, shall
be properly identified and the reason for the exclusion clearly noted in
record.
4. Findines:
a. The Borough shall, by official written communication 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-13
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. ill 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 conditions, in which case, the Borough shall be
deemed to have denied tentative approval of the development plan. ill 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 communications 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:
4)
5)
MONT ALTO BOROUGH
ZONING ORDINANCE
1)
ill those respects in which the development plan is or IS not
consistent with the goals and objectives for this Ordinance.
2)
The extent to which the development plan departs from Zoning and
Subdivision Regulations 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 Development, 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.
The physical design of the development plan and the manner in
which said design does or does not make adequate control over
vehicular traffic, and further the amenities of light and air, recreation,
and visual enjoyment.
The relationship, beneficial or adverse, of the proposed Planned
Residential Development to the neighborhood in which it is
proposed to be established.
Page IX-14
6) ill 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 tentative 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, 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 time 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 developments 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 Pl:::ln After Tent:::ltive Approv:::ll:
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 Development for recording nor authorize development
or the issuance of any land use permits. A development 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 communication granting
tentative approval.
c. ill 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
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-15
the case may be, the tentative 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 to those local Ordinances
otherwise applicable thereto as they may 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. Applic~tion For Pin:::ll Approval:
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 (50'). ill addition the following information shall
be require:
4)
MONT ALTO BOROUGH
ZONING ORDINANCE
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 non-residential 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.
ill the case of a Planned Residential Development proposed to be
developed over a period of years, final plan requirements will apply
to the section for which final approval is being sought. However, the
final plan presented for the section to be developed must be
considered as it relates to information regarding densities and types
of dwelling units, location of common open space, sanitary sewer
and water distribution systems, and street systems presented for the
Page IX-16
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. GlI:::lr:::lntee of Tmprovements:
The guarantee of improvement construction and completion shall be as set forth in
the Borough's Subdivision and Land Development Ordinance.
8. Procedmes After Applic:::ltion For Fin:::ll Approval:
a. ill the event the application for final approval has been filed, together with
all drawings, specifications 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 (45) days of
such filing, grant such development plan final approval.
b. ill 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 (45) days from the filing
of application for 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. ill the event of such refusal, the
landowner may re-file 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
time for applying for final approval shall already have passed at the time
when the landowner was advised that the development plan was not in
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-17
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 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
communication, either grant final approval to the development 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 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 landowner 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
development or further development shall take place on the property
included in the development plan until after the said property is re-
subdivided 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.
SRCTION 9.ll
SPECIAl, RRQJJIRRMRNTS FOR RSSRNTIAL SRRVICRS
A. The proposed installation in a 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-18
B. 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.
C. 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.
D. Sufficient landscaping, including shrubs, trees and lawn, shall be provided and be
periodically maintained.
E. Adequate off-street parking shall be provided.
F. All of the area, yard, building coverage and height requirements of the respective zoning
district must be met.
SRCTION 9.7
SPECIAl, RRQlTIRRMENTS FOR SRRVICR STATIONS ANO
RRPAIR GARAGRS
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 anyone 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. ill 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-19
E. 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.
SRCTION 9.~
SPRCIAL RRQlJIRRMRNTS FOR MOTOR VRHICLR,
MACHINRRV, ANO RQlTIPMRNT SALRS ANO SRRVICR
A. Such uses involving new or used automobiles, motorcycles, other similar vehicles, farm
machinery, construction equipment and recreation vehicles shall have a minimum lot area
of one (1) acre.
B. 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 usable floor area for all used motor vehicles,
machinery and equipment sales and service operations.
C. Total impervious lot coverage shall not exceed fifty percent (50%).
D. 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 equipment shall be kept at least twenty-five feet (25') from the
right-of-way and property lines and be neatly arranged on the lot.
E. 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.
F. 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 (2.5'), 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-20
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 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.
SRCTION 9.9
SPECIAL RRQlTIRRMRNTS FOR CRMRTRRIRS
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 often feet (10') or less off-center.
SRCTION 9.10
SPECIAl, RRQlJIRRMRNTS FOR PlTRI,IC ANO PRIVATR
KRNNRI,S
A. Any kennel, public or private, shall be at least fifty feet (50') from any property line and one
hundred feet (100') from any residence on adjacent lots 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.
SRCTION 9.11
SPECI A I, RRQlTIRRMRNTS FOR ROOMING HOlTSRS OR
RRSIORNTI A I, HOTRI,S
A. At 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.
B. 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-21
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.
D. 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 residential 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.
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.
SRCTION9.12
SPECIAL RR(}IJIRRMRNTS FOR AOlTLT ROOK STORRS ANO
AOlJLT THRA TRRS
The use and occupancy of any land, building or structure as an Adult Book Store or Adult Theater
shall be subject to the following:
A. An Adult Book Store or Adult Theater shall be permitted only in a Commercial-illdustrial
(C-I) Zone.
B. An Adult Book Store or Adult Theaters 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 place of worship.
C. 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.
D. Any building or structure used and occupied as an Adult Book Store or Adult Theater shall
be windowless, or 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.
SRCTION 9.13
SPRCI A I, RR(}lJIRRMRNTS FOR ORIVR.IN A NO FAST FOOO
RRSTAlTRANTS
A. illgress and egress standards shall meet the requirements of the Borough's Subdivision and
Land Development Ordinance, along with the following provisions:
1. The minimum distance of any driveway to property line shall be ten (10) feet.
2. The minimum distance between driveways on the site shall be sixty-five (65) feet
measured from the two (2) closest driveways' curbs.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-22
3. 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.
4. The angle of driveway intersection with the street shall be at 900 degrees or be based
upon safe traffic movements and shall be approved by the Borough Engineer.
5. Drive-in or Fast Food Restaurants adjacent to or integrated in a shopping center or
cluster of commercial facilities shall use the common access with other business
establishments in that center.
B. 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.
C. The entire parking area shall be paved with a permanent surface 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 materials, 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.
D. 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.
E. 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.
F. 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.
G. A well maintained fence, wall, hedge or vegetative material at least five feet (5') in height
and of a density to screen from the view 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.
SRCTION 9.14
SPRCIAI, RRQITIRRMRNTS FOR HOMR OCClTPATIONS
Home occupations, no-impact home-based businesses, and professional offices or studios are
permitted as a conditional use subject to the following provisions:
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-23
A. Whp.rp. Pp.rmittp.d:
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.
B. Rvidp.ncp. Of TJsP.:
Does not display or create outside the building any evidence of the home occupation, except
that one (1) unanimated, non-illuminated 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.
C. Pp.rmittp.d TJSp.s:
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:
1. Medical, dental, or other professional office or studio.
2. Rooming and/or boarding of not more than three (3) persons.
3. Custom tailoring.
4. Tutoring for not more than four (4) students simultaneously.
5. Barber shop or beauty parlor.
6. 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.
SRCTION 9.15
SPRCIAL RRQlJIRRMRNTS FOR RRO ANO RRRAKFAST
RRSIORNCR 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 mn", 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.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page IX-24
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.
3. The use by a guest shall be a maximum stay of seven (7) days.
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 with 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 BOROUGH
ZONING ORDINANCE
Page IX - 25
ARTICLE X
STANDAKDSFOKSPECML
EXCEPTION USES
ARTICLE X
STANOAROS FOR SPRCIAL RXCRPTION lTSRS
SRCTION 10.1
REQTTIRRMRNT OF SPRCIFIC ST A NOA ROS
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.
SRCTION 10.2
SPECIAL RRQTTIRRMRNTS FOR CONVRRSION APARTMRNTS
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.
SRCTION 10.3
SPECI A T, RRQlTIRRMRNTS FOR HOTTSING ORVRI,OPMRNT
GROTTPING
A. HOllsine Development Grollpine - fu 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 development; an application shall be put
forth to the Zoning Hearing Board in a manner that will be in harmony with the
neighborhood character, will insure a density of land use no higher and a standard of
common open space at least as much as required in the district which the proposed
development is to be located. fu no case shall there be authorized a greater building height
than permitted.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page X-1
SRCTION 10.4
SPRCIAI, RRQTTIRRMRNTS FOR TRANSITION ZONR
A. Tr:::lnsition 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 major 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
requirements 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 welfare of those properties in the
residential districts.
Furthermore, there are powers, guidelines, and standards relative to special exceptions, such
as:
1. fu 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. fu 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, 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;
d. Create a hazard from fire, panic, or other dangers; and
e. futerfere improperly with adequate provisions for schools, parks, water,
sewage, transportation, and other public requirements, conveniences, and
improvements.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page X-2
ARTICLE XI
AMENDMENTS
AND APPEALS
ARTICLE XI
AMRNOMRNTS ANO APPRALS
SRCTION 11.1
AMRNOMRNTS
Amendments shall be made in accordance with the requirements of Article VI of the Pennsylvania
Municipalities Planning Code.
SRCTION 11.2
CIJRATIVR AMRNOMRNTS
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.
SRCTION 11.3
APPRAI,S
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 BOROUGH
ZONING ORDINANCE
Page XI-l
ARTICLE XII
LEGAL STATUS PROVISIONS
ARTICLE XII
I,RGAI, STATlTS PROVISIONS
SRCTION 12.1
INTRRPRRT A TION
h1 their interpretation and application, the Provisions 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.
SRCTION 12.2
SRPARARTT,ITV
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.
SRCTION 12.]
RRPRA I ,RR
All other Borough Ordinances, or parts of other Ordinances m conflict herewith, are hereby
repealed. These Ordinances include, but are not limited to:
· Ordinance No. 194 as adopted and enacted on September 7, 1982.
· Ordinance No. 213 as adopted and enacted on October 7, 1985.
· Ordinance No. 223 as adopted and enacted on December 5, 1988.
· Ordinance No. 233 as adopted and enacted on August 6, 1990.
SRCTION 12.4
RFFRCTIVR OA TR
This Ordinance shall take effect immediately upon adoption and publication according to law.
MONT ALTO BOROUGH
ZONING ORDINANCE
Page XII-1
SRCTION 12.5
RNACTMRNT
Enacted and Ordained this _ Day of
BY: Mr. Stp.vp.n Knp.ppp.r
MAYOR
BY: Mr. Michap.1 W. Gossard
PRESIDENT, BOROUGH COUNCIL
ATTEST: Ms. Patricia A. Kocp.k
BOROUGH SECRETARY
MONT ALTO BOROUGH
ZONING ORDINANCE
,-.
BOROUGH COUNCIL
MONT ALTO BOROUGH
FRANKLIN COUNTY, PENNSYLVANIA
SIGNATURE
SIGNATURE
SIGNATURE
Page XII-2