ZONING ORDINANCE, as amended (Dec. 20, 1995)

FOR THE

TOWNSHIP OF SHIPPEN

TIOGA COUNTY, PENNSYLVANIA

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TABLE OF CONTENTS ARTICLE I GENERALPROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 100 Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ShortTitle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 101 Section 102 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 103 Section 104 Application of Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 105 Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTICLE I1 DEVELOPMENT GOALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 200 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 201 Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTICLE I11 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 300 Wordusage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 301 Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTICLE IV ESTABLISHMENT OF DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 400 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 401 Designation of Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTICLE V DISTRICT REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 501 Zone R-1 Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 502 Zone R-2 Residential . Special Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 503 Zone C-1 Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 504 Zone C-2 Commercial . Special Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 505 Zone A-1 Agricultural . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTICLE VI NATURAL HAZARD AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 600 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 601 Flood Prone Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 602 Steep Slopes and Slide Hazard Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 603 Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTICLE VI1 Section 700 Section 701 Section 702 Section 703 Section 704 Section 705 Section 706 Section 707 Section 708 Section 709 Section 710 Section 7 11 Section 712

SUPPLEMENTAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height Regulations Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yard Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lot Area Measurements . Deep Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reduction in Lot Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fences or Hedges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Structure on Small Lot of Record Clear Sight Triangle Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional Dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Essential Service Installations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Junkyards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Camping Trailers as Housing Restricted

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ARTICLE VI11 NONCONFORMING USES Section 800 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Section 801 Section 802 Section 803 Section 804 Section 805 Section 806 Section 807 Section 808 Section 809 Section 810

ARTICLE X ADMINISTRATION AND ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . .

Section 1001 Zoning Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 1002 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 1003 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Section1000 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permitted Continuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension or Expansion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restorations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nonconforming Lots of Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UnsafeStructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Construction Approved Prior to Legal Enactment of Ordinance . . . . . . . . . . . . . Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I ARTICLE XI INTERPRETATION. PURPOSE AND CONFLICT . . . . . . . . . . . . . . . . . . 1

ARTICLE IX ZONING HEARING BOARD & OTHER ADMINISTRATIVE HEARINGS .

1 ARTICLE XI11 REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . Section 900 Section 901 Section 902 Section 903 Section 904 Section 905 Section 906

. . . . . . . . . . . . Creation and Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Organization of Zoning Hearing Board Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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ARTICLE XI SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTICLEXIV PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTICLE XV INCONSISTENT ORDINANCES REPEALED . . . . . . . . . . . . . . . . . . . . .

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THE SHIPPEN TOWNSHIP, TIOGA COUNTY, PENNSYLVANIA ZONING ORDINANCE

BE IT HEREBY ORDAINED AND ENACTED BY THE BOARD OF TOWNSHIP SUPERVISORS, TOWNSHIP OF SHIPPEN, COUNTY OF TIOGA, COMMONWEALTH OF PENNSYLVANIA, BY AUTHORITY OF AND PURSUANT TO THE PROVISIONS OF ACT 247, AS AMENDED, OF THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA, APPROVED JULY 31, 1968, KNOWN AND CITED AS THE "PENNSYLVMA MUNICIPALITIES PLANNING CODE", AS FOLLOWS:

ARTICLE I GENERAL PROVISIONS

Section 100, TITLE

i An Ordinance permitting, prohibiting, regulating, restricting and determining the uses of land, watercourses and other '>bodies of water; the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal 1 and use of structures; the areas and dimensions of land and bodies of water to be occupied by uses and structures as well i as courts, yards, and other open spaces and distances to be left unoccupied by uses and structures; the density of population :. and intensity of use; and providing for the administration of such Ordinance.

Section 101, SHORT TITLE

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This Ordinance shall be known and may be cited as the "Shippen Township Zoning Ordinance".

Section 102, PURPOSE

This Ordinance is enacted for the following purposes:

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; and the provision of adequate light and air, police protection, vehicle parking and loading space. transportation, water, sewerage, schools, public grounds and other public requirements; and

B. To prevent one or more of the following: transportation. loss of health, life or property from fire, flood. panic or other dangers; and

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overcrowding of land. blight, danger and congestion in travel and

C. To promote, protect and facilitate open space, the rural character of the township, scenic areas and corridors, and preserve family farms, which are substantial elements on which the quality of life and the economy of the township and surrounding region depend.

Section 103, INTERPRETATION

In interpreting and applying the provisions of this Ordinance. they shall be held to be the minimum requirements for the

promotion of health, safety, morals, and the general welfare of Shippen Township and its citizens. It is not intended by this Ordinance to interfere with, abrogate, or annul any rules or regulations previously adopted or permits previously issued by the Township which are not in conflict with any provisions of this Ordinance, nor is it intended by this Ordinance to interfere with, abrogate or annul any easements, covenants, building restrictions, or other agreements between parties; provided, however, that where this Ordinance imposes a greater restriction upon the use of the buildings or premises or upon the height of the building, or requires a larger open space than is imposed or required by such ordinance, rules, regulations or permits, or by easements, covenants, building restrictions or agreements, the provisions of this Ordinance shall control.

Section 104, APPLICATION OF REGULATIONS

A. Use of Property:

No building or land shall hereafter be used or occupied and no building or part thereof shall be erected. moved, or altered unless in conformity with the regulations herein specified.

B. Restrictions:

1. No building shall hereafter be erected or altered: a. To exceed the height: b. To accommodate a greater number of families; c. To occupy a greater percentage of lot area; d. To have narrower or smaller rear yards, front yards or side yards than are specified herein; e. To be on a site that has experienced periodic flooding.

2. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this Ordinance shall be included as a part of a yard or other open space similarly required for another building.

3. This Ordinance shall not apply to any existing or proposed building or extension thereof used or to be used by public utility corporations, if upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.

Section 105, EFFECTIVE DATE

This Ordinanace shall take effect on the day of , 1990.

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ARTICLE I1 DEVELOPMENT GOALS

Section 200, PURPOSE

In addition to the foregoing purpose, this Ordinance is intended to assist in achieving to the extent possible the implementation of the "Shippen Township General Development Plan".

Section 201, GOALS

The general goals of the "Shippen Township General Development Plan" include, but are not limited to, the following:

A. GOAL: OVERALL DEVELOPMENT Create a healthy, economically and socially sound and attractive environment for the residents of Shippen Township; and further, to consider all governmental structure options in developing programs to meet specific goals and objectives.

B. GOAL: ENVIRONMENTAL PROTECTION To maintain compatibility between the natural environment and man's use of the land and natural resources.

C. GOAL: LAND USE To create a development pattern that will conserve the natural amenities and encourage a harmonious balance between various land uses to produce an overall appealing atmosphere and a beneficial interaction of the various land uses while maintaining and enhancing a distinctive community character.

D. GOAL: ECONOMICS To develop a diversified economnic base to assure full and continuous employment and a sound fiscal base for the Township.

E. GOAL: HOUSING To develop a variety of housing types to perniit a range of choice for the residents regardless of their economic status and social characteristics.

F. GOAL: COR/IMUNITY FACILITIES To develop a level of community facilities adequate in amount and type to meet existing population needs and prepare for future demand by programming and locating such facilities for maximum accessibility and efficiency of operations.

G. GOAL: TRANSPORTATION To develop a circulation system that provides safe and convenient movement for people and goods, with the least possible infringement upon other values.

//End of Article IIII

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ARTICLE I11 DEFINITIONS

Section 300, WORD USAGE

For the purpose of this Ordinance, the terms and words herein shall be interpreted as follows unless otherwise expressly stated:

A. Words in the present tense shall include the future tense.

B. The words "person", "owner", or "developer" includes a profit or nonprofit corporation, company, partnership, association or individual.

C. Words used in the singular shall include the plural; words used in the plural shall include the singular.

D. The words "used" or "occupied" as applied to any land or building include the words intended, arranged or designed to be used or occupied.

E. The word "building" includes structure.

F. The word "lot" included the words "plot" or "parcel"

G. The words "shall" and "will" are always mandatory.

H. The word "may" is permissive.

Section 301, DEFINITION OF TERMS

Unless otherwise expressly stated, for the purposes of this Ordinance, the following words, terms and phrases shall have the meaning herein indicated:

1. ACCESSORY BUILDING: A use on the same lot with, and of a nature customarily incidental and subordinate to the principal use: and not occupying more than forty (40) percent of the net floor area of any one floor in the principal structure or not more than forty (40) percent of the lot area.

2. ACCESSORY USE: A use on the same lot with, and of a nature customarily incidental and subordinate to the principal use; and not occupying more than forty (40) percent of the net floor area of any one floor in the principal structure or not more than forty (40) percent of the lot area.

3. ALTERATIONS: As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities. or an enlargement. whether by extending on a side or by increasing height, or the moving from one location or position to another. Structural alterations shall include any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

4. ANIMAL HOSPITAL: A building used for the treatment. housing or boarding of small domestic animals such as dogs, cats. rabbits and birds or fowl by a veterinarian.

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5. AREA, BUILDING: The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, patios, terraces and steps.

6. AREA, LOT: The total area within the lot lines measured on a horizontal plane.

7. BILLBOARD: A sign other than one indicating a business conducted on the premises; a sign upon which advertising matter of any character is printed, posted, or lettered; and it may be either free standing or attached to a surface of a building or other structure.

8. BOARDING HOUSE: Any dwelling in which more than three (3) persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished room house shall be deemed a boarding house.

9. BUILDING OR STRUCTURE: Anything constructed or erected with a fixed or permanent location on the ground. or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels.

10. BUILDING, FRONTLINE OF: The line of that face of the building nearest the frontline of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps or patios.

11. BUILDING, HEIGHT OF: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

12. BUILDING LINE: An imaginary line located on the lot at a fixed distance from the road right-of-way line and interpreted as being the nearest point that a building may be constructed to the road right-of-way. The building line shall limit the location of porches, patios and similar construction. steps excepted, to the face of this line.

13. BUILDING, MAIN: A building in which is conducred the principal use of the lot on which it is located.

14. CLEAR SIGHT TRIANGLE: The triangular area formed by two intersecting road centerlines and a line interconnecting points established on each centerline. one hundred (100) feet from their point of intersection. This entire area is to remain clear of obstructions to sight above a plane established three and one-half (3-1/2) feet in elevation from I grade level at the intersection of the road centerline.

15. CONDITIONAL USE: A use which is not appropriate to the Township as a whole, but which may be suitable in certain locations within the Township only when specific conditions and factors prescribed for such cases within this Ordinance are present.

16. DUMP: A lot or land or part thereof used primarily for the disposal by abandonment, dumping. burial. burning or other means and for whatever purpose, of garbage. sewage, trash. refuse. junk, discarded machinery, vehicles or parts thereof, hazardous waste. radioactive wastes. industrial wastes, fly-ash, or waste material of any kind.

17. DWELLING: A building designed or used as the living quarters for one (1) or more families. The terms "dwelling". "one-family dwelling", "multiple dwelling", "two-family dwelling". or "dwelling group" shall not be deemed to include automobile court, rooming house, tourist home or hotel.

18. DWELLING TYPE:

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(a) RESIDENTIAL CONVERSION UNIT: To be considered a conversion. any proposed alteration must be confined to the interior of an already existing structural shell. Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion and shall be required to meet the appropriate provisions established for that particular use.

(b) SINGLE-FAiMILY DETACHED: A dwelling unit accommodating a single-family and having two (2) side yards, including a mobile home.

(c) SINGLE-FAMILY SEMI-DETACHED: Two (2) dwelling units accommodating two (2) families which are attached side-by-side through the use of a party wall, and having one (1) side yard adjacent to each dwelling unit.

(d) TWO-FAMILY DETACHED: Two (2) dwelling units accommodating two (2) families which are located one over the other, and having two (2) side yards.

(e) TWO-FAMILY SEMI-DETACHED: Four (4) dwelling units accommodating four (4) families, two (2) units of which are located directly over the other two (2) units. A combination of both the single-family semi-detached and the two-family detached structures.

(0 TOWNHOUSE (ROW DWELLING): Three (3) or more dwelling units accommodating three (3) or more families which are attached side-by-side through the use of common party walls and which may have side yards adjacent to each end unit. Each dwelling unit is generally two (2) stories in height, but may conceivable be either one (1) story or three (3) stories in height.

(g) GARDEN APARTMENT: Three (3) or more dwelling units accommodating three (3) or more families which are located one over the other and which. when more than three (3) units are utilized, are attached side-by-side through the use of common party walls, and which may have side yards adjacent to each first story end unit. Single story dwelling units are generally built to a height of three (3) stories, but may conceivably be built to a height of only two (2) stories, each dwelling unit being accessible by a conunon stairwell.

19. DWELLING UNIT: Any building or portion thereof which is designed and used exclusive for residental purposes of one family. and includes complete kitchen and bathroom facilities.

20. ERECTED: Includes built, constructed, reconstructed, moved upon or any physical operations on the land required for the building. Excavation. fill, drainage and the like shall be considered part of the erection.

21. ESSENTIAL SERVICE INSTALLATIONS: The erection. construction. alteration or maintenance by public utilities or municipal department or commissions of underground or overhead gas. electrical, telephone transmission or distribution systems, including poles. wires, mains. drains, sewers, pipes. conduits, cables. towers. fire alarm boxes. traffic signals. hydrants and similar equipment and accessories in connection therewith, but not including buildings. reasonable necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.

22. FAMILY: One ( 1 ) or more persons who live together in one (1) dwelling unit and maintain a common household. May consist of a single person or of two (2) or more persons. whether or not related by blood, marriage or adoption. May also include domestic servants and gratuitous guests.

23. FAIW: Any parcel of land containing ten (IO) or more acres, which is used for gain in the raising of agricultural

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products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels. 24. FRONT YARD: See "Yard, Front".

25. GARAGE, PRIVATE: An enclosed or covered space for the storage of one (1) or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one (1) car is leased to a nonresident of the premises.

26. GAS STATION: Any premises used for supplying gasoline. oil, minor accessories and service for automobiles at retail direct to the motorist consumer, including the making of minor repairs, but not including major repairs, such as spray painting; body. fender, clutch, transmission, differential, axle, spring and frame repairs; major overhauling of engine requiring removal therefrom of cylinder head or crankcase pan; repairs of radiators requiring removal thereof; complete recapping or retreading of tires.

27. GOVERNING BODY: The Board of Township Supervisors, of Shippen Township, Tioga County, Pennsylvania.

28. HEIGHT: See "Building, Height Of".

29. HOME OCCUPATION: Any use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, providing that the use is clearly incidental and secondary to the use of the dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling, and no goods are publicly displayed on the premises other than signs as provided herein; including, but not limited to the following occupations: the professional practice of medicine. dentistry, architecture, law and engineering; artists, beauticians, barbers and veterinarians, excluding stables or kennels; and does not permit the employment of more than two (2) persons not living on the premises.

30. HOSPITAL: Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis. treatment or other care of human ailments.

31. JUNK: Any worn, cast-off or discarded article or material which is ready for destruction or which has been collected or stored for sale. resale. salvage or conversion to some other use. Any such article or material which, unaltered, not needed to be disassembled or unfastened from, or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk.

32. JUNKYARD: The use of more than one hundred (100) square feet of the area of any lot for the storage, keeping or abandonment of junk, including scrap material from the dismantling. demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. A "junkyard" shall include an automobile graveyard or motor vehicle graveyard.

33. LINE, BUILDING: See "Building Line".

34. LINE, ROAD RIGHT-OF-WAY: The dividing line between the road, right-of-way and the lot.

35. LOADING SPACE OR UNIT: An off-street space or berth on the same lot with a building or contiguous to a group of buildings. for the temporary stopping of commercial vehicles while loading or unloading merchandise or materials and

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which abuts upon an alley, street or other appropriate means off access, and which is not less than twelve (12) feet wide, forty-five (45) feet in length and fourteen (14) feet in height.

36. LOT: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Ordinance, having not less than the minimum area and width required by this Ordinance, and having its principal frontage on a road or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a zoning permit for a building on such land.

17. LOT AREA: The area of a horizontal plane measured at grade and bounded by the front, side and rear lot lines.

38. LOT, CORNER: A lot, abutting two or more roads at their intersection, on which the building line for all roads must be observed.

39. LOT DEPTH: The average horizontal distance between the front and rear lot lines.

40. LOT, INTERIOR: A lot other than a corner lot.

41. LOT LINES: The lines bounding a lot as defined herein.

42. LOT WIDTH: The horizontal distance across the lot between the side lot lines, measured at the building line.

43. MOBILE HOME: A transportable, single-family dwelling, which may be towed on its own chassis' running gear, and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes, and constructed with the same, or similar, electrical, plumbing and sanitary facilities as immobile housing; and having a minimum of five hundred (500) square feet of habitable floor area.

44. MOBILE HOME PARK: A parcel of land under single ownership which has been planned and improved for the placement of two (2) or more mobile homes for nontransient use.

45. MODULAR OR SECTIONAL HOME: Two portable units designed, and built to be towed on their own separate chassis and pernianently combined on site to form a single immobile dwelling unit, and having a minimum of nine hundred (900) square feet of habitable floor area. shall be regarded as a single-family detached dwelling, but may be located in a mobile home park at the discretion of the owner.

46. OFF-LOT SEWER SERVICE: A sanitary sewage collection system approved by the Township and the Pennsylvania Department of Environmental Resources in accordance with Act 537. the "Pennsylvania Municipality Sewage Facilities Act", as amended, in which sewage is carried from individual lot or dwelling units by a system of pipes to a central treatment and disposal plant which may be publicly or privately owned and operated.

47. OFF-LOT WATER SERVICE: A potable water distribution system approved by the Township in which water is carried to individual lots or dwelling units by a system of pipes from a central water source located beyond the limits of the lot being served which may be publicly or privately owned and operated.

48. ON-LOT SEWER SERVICE: A single system of piping, tanks or other facilities approved by the Township and the Pennsylvania Department of Environmental Resources in accordance with Act 537, the "Pennsylvania Municipality Sewage Facilities Act". as amended, serving only a single lot and disposing of sewage in whole or in part into the soil.

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50. OPEN SPACE: An unoccupied space open to the sky on the same lot with the building.

51. OWNER: The duly authorized agent, attorney. purchaser, devisee, fiduciary or any person having vested or equitable interest in the lot in question.

52. PARKING LOT: An off-street space measuring not less than nine (9) feet by twenty (20) feet. whether inside or outside of a structure. for the temporary standing of automotive vehicles to be used exclusively as a parking stall for one (1) automotive vehicle. Such space shall be exclusive of all area necessary to gain access to said parking space including towing areas. access aisles. fire lanes. and access drives within the road right-of-way.

53. PLANNING COMMISSION: The duly constituted Planning Commission of Shippen Township, Tioga County? Pennsylvania.

54. PLAT: A map, plan or layout of a subdivision indicating the location and boundaries of individual properties.

55. PORCH: A roofed over structure projecting from the front, side or rear wall of a building. For the purpose of the Zoning Ordinance, a porch is considered a part of the principal building and is not permitted to extend into any required yards.

56. PREMISES: Any lot, parcel or tract of land and any building constructed thereon.

57. PRINCIPAL USE: The major dominant use of the lot on which it is located.

58. PUBLIC HEARING: A meeting open to the general public held pursuant to proper "public notice"

59. PUBLIC NOTICE: Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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 be not more than thirty (30) days or less than fourteen (14) days from the date of the hearing.

60. PUBLIC RIGHT-OF-WAY: Land reserved for use as a road. street. alley, crosswalk, pedestrian way or other public purpose.

61. PUBLIC USES, APPROPRIATE: Includes public and semipublic uses of a welfare and educational nature. such as hospitals, nursing homes. schools, parks. churches, cemeteries. civic centers. historical restorations, fire stations, municipal buildings, essential public utilities that require enclosure within a building: airports; fraternal clubs and homes; and nonprofit recreational facilities.

62. ROAD: a public way which affords principal means of access to abutting properties

63. SANITARY LANDFILL: A lot or parcel or part thereof used primarily for the disposal of garbage, refuse and other discarded materials, including but not limited to. solid and liquid waste materials resulting from industrial, commercial. agricultural and residential activities. The operation of a sanitary landfill normally consists of (a) depositing the discarded material in a planned, permitted, and controlled manner, (b) compacting the discarded material in thin layers to reduce its volume, (c) covering the discarded material with a layer of earth, and (d) compacting the earth cover.

64. SAWMILLS OR PLANING MILLS: Mills intended for the primary processing of timber or saw logs into lumber

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and shall exclude any secondary processing of the lumber thus produced.

65. SCREEN PLANTING: A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining residential districts the structures and uses on the premises on which the screen planting is located.

66. SERVICE STATION: See "Gas Station"

67. SERVICES, ESSENTIAL: See "Essential Service Installation".

68. SIGN: Any surface, fabric device or structure bearing lettered, pictorial or sculptured matter intended, designed, or used to convey information visually and exposed to public view, which directs attention to an object, product, place. activity, person, institution, organization, or business. The term "sign" does not apply to a flag, emblem or insignia of a nation. political unit. school or religious group.

69. SIGN, GROSS SURFACE AREA OF: The entire area.within a single continuous perimeter enclosing the extreme limits of such sign. All signs shall be limited to not more than two faces. All area limitations shall be computed in square feet. Each face of a double-face sign may equal the maximum size permitted for the particular type of sign. When individual letters are used separately on the surface of a building wall, the spaces between said letters shall be included in computing the area of the sign.

70. SMALL-SCALE BUSINESS: Business activities which do not normally require more than fifteen (15) on-site parking spaces, which do not generate noxious odors, and which can provide an effective plan to minimize and mitigate noise, distractions. and other potential adverse effects on the health, safety, and character of the neighborhood.

71. STRUCTURE: Structure means a combination of materials that form a construction that is safe and stable and includes among other things buildings, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.

72. SUBDIVISION: The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease. transfer of ownership or building or lot development: Provided, however, that the division of land for agricultural purposes into parcels of more than ten (10) acres. not involving any new street or easement of access, shall be exempted.

73. TRAILER CAMP: A tract of land: (a) where two (2) or more trailers are parked; or (b) which is used or held out for the purpose of supplying to the public a parking space for two (2) or more trailers.

74. USE: The specific purpose for which land or a building is designed. arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

75. USE, hlIXED: The occupancy of a building or of a lot for more than one (1) use. such as: both a business and a residential use; both an industrial and a residential use. etc.

76. VARIAVCE: The permission granted by the Zoning Hearing Board, following a public hearing that has been properly advertised as required by this Ordinance, for an adjustment to some regulation 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 original intent of the Ordinance.

77. YARD: An unoccupied space open to the sky, on the same lot with a building or structure

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(a) YARD, FRONT: An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

(b) YARD, REAR: An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot and the rear line of the building. A building shall not extend into the required rear yard.

(c) YARD, SIDE: An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards.

78. ZONING HEARING BOARD: The Zoning Hearing Board of Shippen Township as duly constituted by and established pursuant to this Ordinance.

79. ZONING OFFICER: The individual authorized by the Township Supervisors of Shippen Township to be the administrator of the daily application of the provisions contained in this Zoning Ordinance.

80. ZONING PERMIT: A statement signed by the Zoning Officer indicating that the application for permission to construct, alter or add is approved and in accordance with the requirements of the terms of this Ordinance.

//End of Article IIIII

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I For the purposes of this Ordinance the Township of Shippen, Tioga County, Pennsylvania, hereby designates and adopts the following zones, as outlined on the Zoning Map, dated September 1990, attached hereto and made a part hereof

ARTICLE IV ESTABLISHMENT OF DISTRICTS

I Section 400, PURPOSE

The purpose of designating certain districts is to provide for development of a range of compatible uses in an orderly manner: I ) Designating prime agricultural land utilized in the production of farm goods as agricultural; 2) Designating areas for commercial development to avoid strip commercialization along roads within the township; 3) Designating special areas along U.S. Route 6 (a national Scenic Highway), State Route 660, and Pine Creek, where low population densities and minimal impact from development is desired to preserve the scenic corridors of Shippen Township; and 4) Restricting development in those areas which, due to natural conditions, present a direct threat to the health and safety of persons and property.

A-1 Agricultural Zone C-1 Commercial Zone C-2 Commercial Zone - Special Area R-1 Residential Zone R-2 Residential Zone - Special Area

//End of Anicle IV//

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ARTICLE V DISTRICT REGULATIONS

SECTION 501: ZONE R-1, RESIDENTIAL

501.1 Permitted Uses: A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes:

Single Family Homes Apartment Buildings Parks, playgrounds and other noncommercial recreational uses Educational and religious uses Municipal and civic buildings, libraries, museums, fire & police stations Home gardening Private clubs, lodges, noncommercial recreational buildings and properties

Home occupations and professional offices as a subsidiary and subordinate use to residential units provided:

a) Official residences shall be maintained by the occupant who may be an owner, a renter or a lessee; b) The subsidiary use shall be located in the principal dwelling building; c) The subsidiary use shall not occupy more than 40% of the ground floor area of the principal dwelling building; d) There shall be a minimum of three (3) off-street parking spaces provided in addition to those required for a residential unit, and a maximum of six (6) off-street parking spaces required to provide adequate parking for customers; e) Not more than two (2) nonresidents shall be employed on the premises; f) Use of an accessory building for purposes related to the home occupation or professional office shall be limited to the total ground floor area of the accessory building; g) One sign, no larger than nine (9) square feet, advertising the home business on the premises shall be permitted.

501.2 Accessory Uses: The followin,o accessory uses are permitted for those permitted and special exception uses approved under this Ordinance:

Private garages or parking areas. Other accessory uses customarily incidental to a permitted principal use.

501.3 Prohibited Uses: The following uses are prohibited within this district: Adult bookstore Commercial use Industrial Use Municipal. Industrial, Low-Level Radiation, or Hazardous Waste Landfills Junk yards

501.4 Special Exception Uses: The following uses are permitted as Special Exceptions upon approval by the Zoning Hearing Board. subject to the regulations and procedures of this Ordinance:

-Mobile Home Trailer Park, with approval of the Zoning Hearing Board, subject to Tioga County Mobile Home Park Ordinance and all applicable state regulations and laws.

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-Nursing homes, clinics, hospitals, sanitariums and funeral homes when the Zoning Hearing Board finds, after a public hearing, that such uses will not create hazardous conditions and the architecture of the structure is in keeping with the general residential character of the neighborhood.

-Small-scale business activities when the Zoning Hearing Board finds, after a public hearing, that such uses will not create major changes to the character of the neighborhood and will not produce major, unmitigated adverse effects on the health and safety of neighboorhood risidents. The following additional requirements, in addition to any special requirements that are deemed necessary to the Zoning Hearing Board, shall apply to said activities as approved:

a) a maximum of fifteen (15) on-site parking spaces will be allowed; b) one permanent on-site sign not to exceed 64 square feet, containing no flashing lights and illuminated no earlier

c) all outside displays shall be removed from the front of the premises after normal business hours; d) except for building security lights, all exterior lights shall be extinguished after normal business hours; e) normal business hours shall be no earlier than 6 A . M . and no later than 11 P.M.; f) buildings shall be designed and constructed of materials which are compatible with the rural and scenic

g) storage areas shall be screened from adjacent neighbors by a vegetative screen.

than 6 A . M . and no later than 11 P . M . , will be allowed;

neighborhood character;

501.5 Minimum Lot Requirement: two (2) acres. The ratio of lot depth to lot width shall not exceed 3: 1 for lots less than ten (10) acres and no more than 5 : 1 for lots ten (10) acres or more.

501.6 Minimum Lot Width: two hundred (200) feet

501.7 Minimum Front Yard: sixty (60) feet

501.8 Minimum Side Yard: fifty (50) feet

501.9 Minimum Rear Yard: Principal Building - 50 feet Accessory Building - 20 feet

501.10 Masimum Building Height: thirty-five (35) feet

501.11 Parking Facilities Required:

(a) All residential units shall be provided with two (2) off-street parking spaces per dwelling unit.

(b) Boarding or rooming houses, hotels, motels and tourist houses: at least one (1) parking space for each guest room.

(c) Home occupations: at least one (1) for the resident, one (1) for each nonresident employee and two (2) for patron use. For activities of a commercial nature with special parking requirements as outlined in Zone C-1, Commercial. Section 503.7 of this Ordinance. the minimum off-site parking requirements found in Section 503.7 of this Ordinance shall apply. even though such activity may be operated as a home occupation.

(d) Small-scale business: one (1) on-site parking space for each employee and additional spaces as required under tha various types of activities outlined in Section 503.7 of this Ordinance, up to a maximum of 15 on-site parking spaces.

//End of Section jO1 / /

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SECTION 502: ZONE R-2, RESIDENTIAL - SPECIAL AREA

502.1 Principal Uses: Same as R-1, Residential

502.2 Accessory Uses: Same as R-1 . Residential

502.3 Prohibited Uses: In addition to the same prohibited uses as Zone R-I. Residential, Mobile Home Trailer Parks are prohibited in Zone R-2.

502.4 Special Exception Uses: The following uses are permitted as Special Exceptions upon approval by the Zoning hearing Board, subject to the regulations and procedures of this Ordinance:

-Nursing homes, clinics, hospitals, sanitariums and funeral homes when the Zoning hearing Board finds, after a public hearing, that such uses will not create hazardous conditions and the architecture of the structure is in keeping with the general residential character of the neighborhood.

-Small-scale business activities when the Zoning Hearing Board finds, after a public hearing, that such uses will not create major changes to the character of the neighborhood and will not produce major, unmitigated adverse effects on the health and safety of neighboorhood risidents. The following additional requirements, in addition to any special requirements that are deemed necessary to the Zoning Hearing Board, shall apply to said activities as approved:

a) a maximum of fifteen (15) on-site parking spaces will be allowed; b) one permanent on-site sign not to exceed 64 square feet, containing no flashing lights and illuminated no earlier

c) all outside displays shall be removed from the front of the premises after normal business hours; d) except for building security lights, all exterior lights shall be extinguished after normal business hours; e) normal business hours shall be no earlier than 6 A.M. and no later than 11 P.M.; f ) buildings shall be designed and constructed of materials which are compatible with the rural and scenic

g) storage areas shall be screened from adjacent neighbors by a vegetative screen.

than 6 A.M. and no later than 11 P.M., will be allowed;

neighborhood character;

-Mobile homes. The following additional requirements shall apply to mobile homes permitted as a Special Exception: a) Mobile homes shall be screened from the visual road and stream corridors by natural vegetative screening,

effective within ten (10) years of the date of the building permit issued by the Township. A plan for interim vegetative screening to mitigate the visual impact of the mobile home over the first ten (IO) years shall also be planned and implemented:

b) Mobile homes shall ve set back as far as practical (100 ft. minimum) from road and stream frontages: c) The mobile home shall be appropriately disposed of by the owner. at the owner’s expense, at the end of its useful

life or if irrepairably damaged.

502.5 blinimum Lot Requirements: Five ( 5 ) acres. The ratio of lot depth to lot width shall not exceed 3: 1 for lots less than ten (10) acres and no more than 5 : l for lots ten (10) acres or more.

Special Exception: New lots of less than five ( 5 ) acres but no less than two (2) acres may be permitted as Special Exceptions upon approval by the Zoning Hearing Board, subject to the following additional regulations, which shall be included as restrictions in the deeds for the new lots:

a) All buildings shall be screen from the visual road and stream corridors by natural vegetative screening, effective within ten (10) years of the date of the building permit issued gby the Township. A plan for interim vegetative screening to mitigate the visual impact of the building over the first ten (10) years shall also be planned and implemented. Screening

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plans shall be reviewed and approved by the Shippen Township Building Permit Officer as a condition of issuing a building permit.

B) All buildings shall be set back a minimum of two hundren (200) feet from streams and roads.

502.6 Minimum Lot Width: Two hundred (200) feet along road, and minimum four hundred (400) feet stream frontage for lots along Pine Creek.

502.7 Minimum Front Yard: 100 feet

502.8 Minimum Side Yard: 50 feet

502.9 Minimum Rear Yard: 50 feet Accessory Building: 20 feet

502.10 Maximum Building Height: 35 feet

502.11 Parking Facilities Required: Same as Zone R-1 , Residential

502.12 Other Special Requirements: In addition to other requirements outlined in this Section, the following apply to Zone R-2, Special Area:

Mobile homes and trailers not permitted, except as a Special Exception.

One hundred (100) foot minimum setback from highway and from Pine Creek for all buildings to be constructed.

Natural vegetative screening from highway and from Pine Creek for all new construction for a minimum of six months of the year, effective within ten (10) years of the date of building permit.

No earthmoving within one hundred (100) feet of highway, except for driveway construction, and no earthmoving within one hundred (100) feet of Pine Creek.

No disturbance or cutting of natural vegetation (except grass cutting) within one hundred (100) feet of Pine Creek. except for prevention of bank undercutting or public safety.

//End of Section jO2//

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SECTION 503, ZONE C-1, COMMERCIAL

503.1 Permitted Uses:

Retail and wholesale sales, limited to the following, when such business is conducted entirely on the premises:

-Sale of baked goods and pastries, candy and confectionaries, dairy products and ice cream, groceries, meats, fruit and vegetables. -Sale of books, magazines, newspapers, tobacco. drugs, gifts and stationery. -Restaurants. motels and hotels. -Service establishments including barber shops, beauty shops, cleaning shops. self-service laundries, shoe repair and florist shops. -General merchandise and retail stores, includins variety stores, sporting goods and drug stores. -Apparel and accessories stores. -Furniture, home hurnishings, household appliance, hardware, paint and glass stores. -Gift, camera, music, cosmetic, hobby, jewelry. leather and luggage shops. -Financial institutions and professional offices. -Medical, veterinary and dental offices, laboratories, clinics and hospitals. -Fraternal clubs, lodges and social and recreation clubs. -Essential service installations. -Automobile, truck and bus service stations, including repairing, sales and washing uses. -Warehouses. distribution centers, and truck and bus terminals. -Mobile home sales. -Retail establishments providing primarily drive-in or in-car service. -Outdoor and indoor commercial recreation and entertainment uses providing recreation and entertainment within conformity with general community standards. -Any production, manufacturing, assembly, processing, cleaning. research and testing. repair, storage or distribution of materials, goods, foodstuffs and other products and wholesale distribution and storage uses subject to complaince with the following performance standards and/or a finding. based on evidence presented. by the Zoning Hearing Board that said use will comply with said standards.

(1) Industrial activities shall be such that they: emit no obnoxious, toxic or corrosive dust. dirt, fly ash. fumes. vapors or gases which can produce any damage to human health, to animals or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission: discharge no smoke of a consistency which will restrict the passage of sunlight: emit any odor perceptible at the lot boundaries on a regular basis, produce no physical vibrations perceptible at or beyond the lot boundaries; produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation (electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property); discharge of any untreated potentially dangerous effluent from plant operations into local surface or subsurface drainage courses.

(2) All outdoor facilities for fuel, raw materials and products, and all fuel. raw material and products stored outdoors. shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed upon the main building.

(3) No materials shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life be allowed to enter any stream or watercourse by either direct (surface run-off) or indirect (subsurface drainage) means.

(4) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible

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or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

-Municipal, industrial, low-level radiation and hazardous waste landfills and disposal facilities

503.2 Accessory Uses: Accessory uses customarily incidental to a permitted principal use are permitted.

I 503.4 Minimum Lot Requirements (lot width, front yard, side yard, rear yard): Same as Zone R-1, Residential

I 503.3 Prohibited Uses:

I 503.5 Maximum Building Height: 35 feet

I 503.6 Maximum Lot Coverage: 40 percent

1 503.7 Off-street Parking, Loading and Unloading Regulations:

I A. General Regulations:

1. Off-street parking, loading and unloading facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be on-site and shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein. the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way. In no case shall public rights-of-way be used for parking, nor shall public parking areas be substituted for the parking requirements of this section.

2. All parking spaces shall be ample in size for the vehicles for which use is intended. The net parking space per vehicle shall be not less than nine (9) feet wide and twenty (20) feet long. Outdoor parking spaces, and the approaches thereto, shall be paved, or covered with gravel or cinders. Such outdoor parking spaces shall be deemed to be part of the open space of the lot on which it is located.

3. A garage or carport may be located wholly or partly inside the walls of the principal building, or attached to the outer walls. If separated from the principal building. the garage shall conform to all accessory building requirements. The garage may be constructed under a yard or court. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located.

3 . Surfacing: Any off-street parking area shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as a gravel. concrete or bituminous concrete surface. and shall be so arranged as to provide for orderly and safe parking and storage of vehicles.

5 . Lighting: Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises and public right-of-way.

6. There shall be adequate provision for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Where a parking or loading area does not abut on a public right-of-way, or private alley or easement of access, there shall be provided an access drive per lane of traffic not less than twelve (13) feet in width per lane of traffic; and not less than eighteen (18) feet in width in all cases where the

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access is to storage areas or loading and unloading spaces required hereunder.

B. Parking Facilities Required:

Any structure or building hereafter erected, convened, or enlarged for any commercial purpose shall be provided with not less than the minimum on-site spaces, as set forth below, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number.

a . Theaters. auditoriums. churches, schools, stadiums or any other place of public or private assembly: at least one (1) parking space for each three (3) seats provided for public or private assembly.

b. Retail stores and other places for trade or business: one (1) vehicle space for each two hundred (200) square feet of floor area for public use.

c. Food markets and grocery stores: One (1) vehicle space for each one hundred (100) square feet of floor area for public use.

d. Restaurant. tearooms and cafeteria, including taprooms, taverns and night clubs: one (1) vehicle space for each fifty (50) square feet of floor area for public use.

e. Bowling alley: five ( 5 ) vehicle spaces for each alley.

f . Office building: at least one (1) parking space for each two hundred (200) square feet of floor area or fraction thereof.

g. Public garages, automobile and gasoline service stations: at least one (1) parking space for each two hundred (200) square feet of floor area, or fraction thereof, devoted to repair or service facilities, and one (1) space for each employee on the largest shift. This shall be in addition to the space allocated for the normal storage of motor vehicles. No parking shall be permitted on the public right-of-way.

h. Hospitals and sanitariums: at least one (1) parking space for each three (3) beds. Such spaces shall be in addition to those necessary for doctors, administrative personnel and other regular employees. One (1) parking space shall be provided for each employee on the largest shift.

i . Other commercial buildings: at least one (1) parking space for each four hundred (400) square feet of floor area, or fraction thereof, except when otherwise authorized as a Special Exception consistent with the principals set forth herein for comparable buildings.

j . Drive-in dairy and restaurants: Provisions for parking for drive-in facilities must meet with the approval of the Planning Commission and no parking on the public right-of-way shall be permitted.

k. Dance halls. roller rinks. clubs, lodges. and other similar places: at least one (1) parking space for each two hundred (200) square feet of floor area.

1. Swimming pool: at least one (1) parking space for each three (3) persons for whom facilities for dressing are provided; or at least one (1) parking space for every twelve (12) square feet of water surface. including areas for swimming, wading and diving, whichever requirement is the greater.

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m. Open areas used for commercial purposes: (1) Golf driving range: at least one (1) parking space for each tee provided. (2) Miniature golf: at least one (1) parking space for each hole provided. (3) Other open areas: at least one (1) parking space for each two thousand five hundred (2,500) square feet of

area or fraction thereof.

n. Mortuaries, funeral homes and undertaking establishments: at least one ( I ) parking space for each one hundred (100) square feet of floor area for public use. Such space shall be in addition to: (a) employee parking needs; and (b) a service area for mobile equipment, such as hearses and ambulances.

0 . Commercial outdoor recreation equipment rental and guided trip establishments: at least one (1) parking space per boat. and at least one (1) parking space per each two bicycles, horses, snowmobiles, pairs of skis, and ATVs available for rent or use. Such spaces shall be in addition to (a) employee parking needs; and (b) a service area for mobile equipment, such as trucks and trailers.

C. Loading and unloading space:

1. In addition to the off-street parking space required above, any building erected, converted or enlarged for commercial, office building, manufacturing, wholesale, hospital or similar uses, shall provide adequate off-street areas for loading and unloading of vehicles. The minimum size loading space shall be fifty (50) feet in depth, twelve (12) feet in width, with an overhead clearance of fourteen (14) feet.

2. All commercial and industrial establishments shall provide loading and unloading and commercial vehicle storage space adequate for their needs. This required space will be provided in addition to established requirements for patron and employee parking.

3. In no case where a building is erected, converted or enlarged for commercial, manufacturing or business purposes shall the public rights-of-way be used for loading or unloading of materials.

//End of Section 503//

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SECTION 504, ZONE C-2, COMMERCIAL - SPECIAL AREA

504.1 Permitted Uses: Same as Zone C-1, Commercial

504.2 Accessory Uses: Same as Zone C-I, Commercial

504.3 Prohibited Uses: In addition to those prohibited uses outlined in Zone C-1, Commercial, junkyards are prohibited in Zone C-2. Commercial - Special Area.

504.4 Minimum Lot Size: 5 acres

504.5 iV1inimum Lot Width: 400 feet along roadway and minimum 400 feet steam frontage for lots along Pine Creek

504.6 Minimum Front Yard: 100 feet

504.7 Minimum Side Yard: 100 feet

504.8 Minimum Rear Yard: 100 feet

504.9 Maximum Building Height: 35 feet

504.10 Maximum Lot Coverage: 40 percent

504.11 Off-street Parking, Loading and Unloading Regulations: Same as Zone C-1, Commercial

504.12 Special Requirements: In addition to other requirements outlined in this Section, the following apply to Zone C-2, Commercial - Special Area:

a. No building shall be constructed within 100 feet of roadway or Pine Creek. b. Any building constructed along Pine Creek shall be screened from Pine Creek using a natural vegetative screening, effectively screening the building for at least six (6) months of the year within ten (10) years of planting. c . No natural vegetative screening from the highway is required if the design of the building and the materials used construct the building are compatable, in the opinion of the Zoning Hearing Board, with the rural and scenic environment. d. No earthmoving is permitted within 100 feet of the highway. except for driveway construction. and within 100 feet of Pine Creek. e . No disturbance or cutting of natural vegetation. except for grass mowing or for the prevention of bank undercutting or public safety. within 100 feet of Pine Creek. f . Signs must comply with federal and state standards for scenic highways.

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//End of Section 50411

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SECTION 505, ZONE A-1, AGRICULTURAL

505.1 Permitted Uses:

Production and raising of livestock, vegetables, fruits, grains, hay and grasses, trees, pasture, fish and plant nurseries, and other agricultural products.

Residential homes of immediate and extended family providing labor on farm.

Home occupations as permitted under Zone R-1 , Residential

505.2 Accessory Uses: Same as Zone R- 1, Residential

505.3 Prohibited Uses: -Non-farm commercial activities. -Residential housing for occupants not providing labor on farm. -Uses outlined in Section 501.3 of this Ordinance

505.4 Minimum Lot Area: 2 acres per dwelling unit

505.5 Minimum Lot Width: 200 feet

505.6 Minimum Front Yard: 60 feet

505.7 Minimum Side Yard: 50 feet per dwelling

505.8 Minimum Rear Yard: 50 feet per dwelling 20 feet per accessory building

505.9 Off-street Parking Requirements: Same as Zone R 1, Residential

505.10 Conversion to Residential Use: Lots of any approved subdivision of land zoned A-1 may be changed to the appropriate residential zone by vote of the Township Supervisors at a regular Township Supervisors Meeting upon written request of the landowner and without a public hearing.

//End of Anicle VI/

22

ARTICLE VI NATURAL HAZARD AREAS

SECTION 600, PURPOSE:

The purpose of this Article is to protect persons and property from undue and unnecessary exposure to natural conditions and locations which will result in threats to their health and safety. and damage and/or destruction.

SECTION 601, FLOOD PRONE AREAS

No building or structures shall be built nor fill material placed in any area found or designated hereafter as Flood Prone except as a Special Exception subject to the requirements of this Ordinance and approval of the Zoning Hearing Board.

A. Delineation: Flood Prone Areas shall be those areas designated by the U.S. Department of Housing and Urban Development as having a flood hazard for purposes of the National Flood Insurance Program and reviewed and accepted by the Township Board of Supervisors. Said designation and delineation may be changed and/or amended from time to time as more information and study is prepared; however, for purposes of this Ordinance said areas shall include all areas subject to flooding by the 100 year flood as defined by the U.S. Department of Housing and Urban Development; or the twenty-five year flood or run-off for small watershed and drainage areas as defined by the use of the methods and procedures as extablished in the U.S. Department of Agriculture, Soil Conservation Services, Engineering Field Manual for Conservation Practices, the most recent edition available at the time delineation is undertaken, whichever is greater for all streams, both seasonal and perennial, identified or delineated on the seven and one half minute U.S. Geological Survey Quadrangle Sheets for Shippen Township.

B. Use of flood prone areas: 1. No flood prone area shall be used for construction of any building or structure except in a manner which will result in the ground floor being at least one (1) foot above the flood elevation defined by paragraph A above and which will not result in the obstruction of the floodway.

2. No earth, rock. or other fill material nor any physical barrier shall be built or placed in the designated flood prone area except as found by the Zoning Hearing Board to be in the better common good of the residents of Shippen Township.

3. All uses of flood prone areas shall be in accordance with all applicable state and federal statutes, rules and regulations

SECTION 602. STEEP SLOPES AND SLIDE HAZARD AREAS

No area having a slope in excess of 15 percent for 100 feet horizontal measured across the slope. nor any area identified by the U.S. Soil Conservation Service's Soils Maps for Tioga County as being slide prone shall be used for the construction of any building or structure except after approval as a Special Exception by the Zoning Hearing Board, subject to the requirements of this Ordinance.

A. Delineation: Delineation of steep slope and slide hazard areas shall be the responsibility of the landowner, certified by a professional engineer. upon a general finding that said areas may exist on the site by the Zoning Officer.

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B. Use of Steep Slopes and Slide Hazard Areas: If use of steep slope and slide hazard areas is requested, plans shall be prepared and presented which demonstrate appropriate design considerations to preclude any potential damage to the proposed use and erosion of the surrounding land and which have been certified by a professional engineer.

SECTION 603, WETLANDS

No area constituting wetlands, as defined by Chapter 105 of the Pennsylvania Department of Environmental Resources' Rules and Regulations (or subsequent regulations) and delineated according to the criteria set forth in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" (or subsequent regulations), shall be filled, drained, or used for construction of any building or structure except after approval as a Special Exception by the Zoning Hearing Board, subject to the requirements of this Ordinance and all applicable state and federal laws, rules, regulations and permits..

A. Delineation: Delineation of wetlands shall be the responsibility of the landowner, certified by the appropriate federal or state agency or by an engineer, consultant, or aquatic biologist demonstrating knowledge and ability in delineating wetland areas.

B. Use of Wetlands: Filling, draining, or construction in or on a wetland area shall be governed by state and federal rules, regulations and permits in effect or required at the time such activities are undertaken.

//End of Article VI//

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ARTICLE VI1 SUPPLEMENTAL REGULATIONS

Tne provisions of this Zoning Ordinance shall be subject to such exceptions, additions or modifications as herein provided by the following supplemental regulations.

Section 700, HEIGHT REGULATIONS EXCEPTIONS

A. Public, semi-public or public services buildings, hospitals, public institutions or schools when permitted in a district may be erected to a hight not exceeding fifty (50) feet, and churches or temples may be erected to a height not exceeding fifty (50) feet if the building is set back from each yard line at least two (2) feet for each additional one (1) foot of building height above the height limit, otherwise provided in the district in which the building is located.

B. Special industrial structures such as cooling towers, elevator bulkheads, fire towers, tanks, water and towers which require a greater height than provided in the district may be erected to a greater height than permitted providing:

1. The structure shall not occupy more than twenty-five (25) percent of the lot area; and 2. The yard requirements of the district in which the structure is erected shall be increased by two (2) feet for each

foot of height over the maximum height permitted.

C. Agricultural uses including barns, silos, etc.

D. The height limitations of this Zoning Ordinance shall not apply to flagpoles, church spires, belfries, silos, chimneys or antennas.

SECTION 701, YARD REQUIREMENTS

A . All yards required to be provided under this Zoning Ordinance shall be open to the sky and unobstructed by any building or structure except for accessory buildings in the rear yard and fences.

B. The following may project into the required yards as established in this Zoning Ordinance:

1. Steps and stoops not exceeding twenty-four (24) square feet. 2. Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers and the

ordinary projection of chimneys and flues into the side or rear yard not exceeding three and one-half (3.5) feet

3. Sills. eaves. belt courses, cornices and ornamental features not exceeding two (2) feet in width. 4. Patios.

in width and placed so as to obstruct light or ventilation.

C . Irregular lots:

Where any main wall of a structure located on an irregularly shaped lot does not parallel the lot line which the wall faces, the yard or minimum distance to the lot line at every point shall be at least equal to the minimum dimension required for the yard or distance to the lot line.

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SECTION 702, LOT AREA MEASUREMENTS, DEEP LOTS

A. Deep lots:

For purposes of measuring lot area on exceptionally deep lots, only the part of the depth which is less than four (4) times the average width of the lot may be utilized in calculations.

SECTION 703, REDUCTION IN LOT AREA

No lot area though it may consist of one (1) or more adjacent lots of record, shall be reduced in area so that the yard lot area per family, lot width, building area or other requirements of this ordinance are not maintained, public utilities excepted.

SECTION 704, FENCES OR HEDGES

Subject to the following conditions, fences may be erected along the boundaries of a lot:

A. On any corner lot, no wall, fence, sight or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be permitted which may cause danger to traffic on a street by obscuring the view.

B. No solid hedge or growth shall be planted or permitted to grow higher than three ( 3 ) feet in height on any property line or street right-of-way line between the front or side street so that the sight distance from any adjacent driveway onto a public highway or sidewalk is restricted.

SECTION 705, STRUCTURE ON SMALL LOT OF RECORD

Notwithstanding the limitations imposed by any other provisions of this Ordinance, the Zoning Officer may permit erection of a structure on any lot of record separately owned or under contract of sale and containing, at the time of the passage of this Ordinance, an area or a width smaller than that required in this Ordinance. In no case shall any structure be permitted within five ( 5 ) feet of a lot line.

SECTION 706, CLEAR SIGHT TRIANGLE REQUIREMENTS

In order to prevent the creation of a traffic hazard by limiting visibility at a street intersection, no structure, building, earthen bank or vegetation exceeding three and one-half (3 .5) feet in height above the finished paved area at the center of a roadway shall be allowed within the clear sight triangle on corner lots.

SECTION 707, ADDITIONAL DWELLINGS

A. Residential uses: Additional residential structures may be erected on a large tract if a minimum land area of two (2) acres per structure (five ( 5 ) acres in Special Areas) is available and if said land area is definable and a logical parcel for each such structure. In no case shall the gross density on such alarge tract exceed one dwelling unit per two (2) acres or one dwelling unit per five ( 5 ) acres in Special Areas.

B. Nonresidential uses:

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Where a lot or tract is used for a nonresidential purpose, more than one (1) principal building may be located upon the lot or tract, but only when such buildings conform to all open space and yard requirements around the lot for the district in which the lot or tract is located.

SECTION 708, ESSENTIAL SERVICE INSTALLATIONS

Essential service installations as defined in this Ordinance, shall be permitted subject to restrictions recommended by the Planning Commission and approved by the Board of Supervisors with respect to use, design, yard area, setback and height.

SECTION 709, GENERAL STORAGE

No lot or premises shall be used as a storage area for junk automobiles, appliances or the storage or collection of any other miscellaneous items. Also, no lot or premises shall be used as a garbage dump or a dead animal rendering plant nor may rubbish or miscellaneous refuse be stored in the open where the same may be construed as a menace to the public health or safety.

SECTION 710, JUNKYARDS

All junkyards legally existing at the effective date of this Ordinance, within one (1) year thereafter, and all new junkyards, where permitted, shall comply with the following provisions:

A . No junk material, appurtenant structure, or other enclosure shall be stored or placed within fifty (50) feet of any adjoining property or public right-of-way and such setback area shall be kept free of weeds and scrub-growth unless the adjoining property is wooded.

B. Any junkyard shall be completely enclosed with a visual screen of evergreen or evergreen type hedge where practical, or a maintenance free shadow fencing may be substituted, or tree-row of a variety and size at the time of planting that such will attain a height of eight (8) feet within three ( 3 ) years thereafter and maintained in a sound and attractive manner.

C. All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water. and with no junk piled to a height of more than six (6) feet.

D. No oil. grease, tires, gasoline or other similar material shall be burned at any time: and all other burning shall be attended and controlled at all times.

E. Any junkyard shall be maintained in such a manner as to cause no public or private nuisance. nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats. flies. or other vermin.

F. Where the Shippen Township Junkyard Ordinance may impose additional or more stringent requirements than those outlined above. the requirements of the Junkyard Ordinance shall apply.

SECTION 711, SIGNS

Signs as hereafter provided are permitted: a . Temporary signs advertising the sale, rental or development of property; temporary signs indicating the location and

direction of premises and not exceeding four square feet in area; temporary signs erected by churches, schools, civic

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organizations or other similar institutions provided the area of the sign does not exceed 12 square feet. All temporary signs shall not be displayed more than 90 consecutive days.

b. Permanent announcement signs designating professional offices and home occupations such as those of a beautician, attorney, engineer, architect and seamstress. providing such signs do not exceed nine (9) square feet.

c. Permanently illuminated signs designating the name of the occupant, the street name and house number may be attached to the surface of the structure if the letters and numbers are not in excess of three (3) inches in height.

d . Permanent signs erected by churches, schools and other institutions provided that the area of the sign does not exceed twelve (12) square feet; the light sources must be within the sign back or sides, but entirely within the cover glass. The area of the sign shall include the support material from the bottom of the sign to or beyond the top of the sign.

e. Permanent signs for commercial and industrial uses provided that the area of the sign does not exceed sixty-four (64) square feet.

f. Street or road signs are permitted at a height of not less than seven (7) feet above the top level of the curb; they may have a reflective surface.

g . Permanent signs shall be regarded as structures within the meaning of this Ordinance. h. Permanent signs shall be located at a minimum distance of ten feet from the street or road right-of-way if no sidewalk

exists and four feet from the inside edge of the sidewalk, if such a sidewalk exists. These signs may have a reflective surface, but may not be illuminated from the front or the rear.

i. The bottommost part of any sign shall not exceed the height of two feet above ground grade if not attached to a structure. No sign, permanent or temporary. shall be installed in the clear sight triangle if it is in conflict with the clear sight line and clear sight triangle requirements.

j . In addition to the other requirements of this Section, every sign referred to herein must be constructed of durable materials, kept in repair and not allowed to become dilapidated. Each sign shall be removed when the circumstances leading to its erection no longer apply.

SECTION 712, CAMPING TRAILERS AS HOUSING RESTRICTED

The use of camping trailers as housing within Shippen Township is prohibited, except for use as temporary camping trailers. No such camping trailer shall be utilized as permanent housing, nor shall any camping trailer or camper be permitted to remain on any lot for a period in excess of four (4) successive months. Storage of camping trailers and campers is permitted, without limit of time. on lots on which permanent or seasonal housing has been, or is being, constructed.

!/End of Ank le VI[//

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J A

ARTICLE VI11 NONCONFORMING USES

SECTION 800, DEFINITION

A nonconforming use is the lawful employment or occupancy of a land area, building or structure which was in existence prior to the enactment of this Zoning Ordinance or its amendments but does not comply with the present provisions of this Zoning Ordinance or amendments hereafter enacted.

SECTION 801, PERMITTED CONTINUATION

A nonconforming use may continue, be bought or sold, altered, restored or extended subject to the provisions of this Article even though such use does not conform to the regulations established in this Ordinance for that use.

SECTION 802, ALTERATIONS

A. A nonconforming building or structure may be altered or improved within the confines of the existing buildings

B. A nonconforming building or structure may be altered, improved or reconstructed in excess of fifty (50) percent of the fair market value of the building or structure, but not exceeding one hundred (100) percent of the fair market value as determined by the Tioga County Assessor if approved as a Special Exception by the Zoning Hearing Board.

C. A nonconforming building or structure may be altered to the extent necessary if such alteration is intended and will result in the building or structures' conversion to a conforming use.

SECTION 803, EXTENSION OR EXPANSION

A nonconforming use may be extended upon approval as a Special Exception by the Zoning Hearing Board subject to and provided the following:

A. The extension does not encroach upon the front. side and rear yard requirements and the maximum building height requirements of this Ordinance.

B. The extension is for the purpose of expanding the nonconforming use in existence at the time of the adoption of Zoning Ordinance.

this

C . Such extension does not result in an increase in total floor area, or lot use area of more than one hundred (100) of the original floor area or lot area.

percent

D. Adequate parking can be provided in conformance with this Ordinance to serve both the original plus expanded use.

E. Such expansion does not present a threat to the health or safety of the conmunity or its residents.

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SECTION 804, CHATVGES

No nonconforming building, structure or use shall be changed to another type of nonconforming use, except as a Special Exception under the provisions of this Ordinance.

SECTION 805, RESTORATIONS

A . A building which is damaged by fire, explosion. flood or other casualty to the extent of seventy-five (75) percent or more of its value (exclusive of walls below grade) at the date of the damage as determined by fair market value of the building, and which does not comply with the use, area or height regulations of this ordinance, shall not be restored except in conformity with the regulations of this Ordinance.

B. A lawful nonconforming building destroyed to the extent of less than seventy-five (75) percent by fire, explosion, flood or other casualty or legally condemned, may be reconstructed and used for the same nonconforming use, provided that (a) the reconstructed building shall not exceed in height, area or volume, the building destroyed or condemned and (b) building reconstruction shall be commenced within one (1) year from the date the building was destroyed or condemned and shall be carried on without interruption.

SECTION 806, ABANDONMENT

A. The nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use, unless approved as a Special Exception under the provisions of this Ordinance. A nonconforming use shall be considered abandoned when one (1) of the following conditions exists:

1. When the intent of the owner to discontinue the use is apparent. 2. When the characteristic equipment and furnishings of the nonconforming use have been removed from the

premises and have not been replaced by similar equipment within six (6) months unless other facts show intention resume the nonconforming use.

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3 . When a nonconforming use has been discontinued for a period of one (1) year. 4. When it has been replaced by a conforming use. 5 . When it has been changed to a use permitted as a Special Exception by the Zoning Hearing Board.

B. Any nonconforming use of a site or billboard which is discontinued or not used for six (6) months shall not be resumed; and if any sign or billboard is removed, it shall not be reconstructed.

SECTION 807, NONCONFORiifING LOTS OF RECORD

A . A single-family house and customary accessory buildings may be erected on any approved lot of record in existence on the effective date of this Ordinance.

B. This provision shall apply even though such lot fails to meet the applicable requirements of side, front or rear yards or the minimum lot area requirements.

SECTION 808, UNSAFE STRUCTURE

Nothins in this Ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a building

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declared unsafe by a proper authority

SECTION 809, CONSTRUCTION APPROVED PRIOR TO LEGAL ENACTMENT OF ORDINANCE

Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a permit has been issued and the construction of which shall have diligently proceeded within six (6) months of the date of such permit.

SECTION 810, REGISTRATION

The Zoning Officer shall prepare a list registering all nonconforming uses existing at the time of the legal enactment of this Ordinance. Said list shall include a general description of the nature and extent of the nonconformity and may include photographs as documentation. Further, said list shall be maintained for public use and information.

//End of Article VIII//

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ARTICLE IX ZONING HEARING BOARD AND OTHER ADMINISTRATIVE HEARINGS

SECTION 900, CREATION AND APPOINTMENT

A Zoning Hearing Board is hereby created. The membership of said Board shall consist of three (3) residents of the Township appointed by the Board of Supervisors. Their terms of office shall be three (3) years after expiration of the initial term; said initial term shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointment to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning hearing Board shall hold no other office in the Township.

SECTION 901, REMOVAL OF MEMBERS

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

SECTION 902, ORGANIZATION OF ZONING HEARING BOARD

The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all members of the Zoning Hearing Board, but 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 Article IX, Section 908 of the "Pennsylvania Municipalities Planning Code", Act 247, as amended. 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 Board of Supervisors once a year.

SECTION 903, POWERS AiiD DUTIES

A. The Zoning Hearing Board shall hear and decide appeals from any order, requirement. decision or determination made by the Zoning Officer in the administration of this Ordinance.

B. The Zoning Hearing Board shall hear and decide all matters referred to it or upon which it is required to pass under this Ordinance.

C. The Zoning Hearing Board shall hear requests for variances from the requirements of this Ordinance where it is alleged that the provisions of the Ordinance inflict unnecessary hardship upon the applicant following the procedures set forth in Section 904. The Board may grant a variance provided 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 hardhsip 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 circunistances or conditions. there is no possibility that the property can be

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developed in strict conformity with the provisions of the Zoning Ordiance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property:

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; and

I

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.

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the Zoning Ordinance.

I D. The Zoning Hearing Board shall hear and decide requests for Special Exceptions in those cases where this Ordinance indicates a Special Exception may be granted subject to compliance with the standards and criteria prescribed. In granting a Special Exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the Ordinance, as it may deem necessary to implement the purposes of the Ordinance.

E. The Zoning Hearing Board may conduct a hearing and take evidence on a substantive challenge and amendment to this Ordinance filed by a landowner. The Board may further make findings of fact relative to the challenge, and cause to be made a record or transcript, which may serve as the basis for further action. The Zoning Hearing Board shall not make recommendations or render an opinion in such matters, and has not authority to alter, change, or otherwise grant relief in such cases.

SECTION 904, PROCEDURES

A. Variance 1 . The landowner shall file a request for a variance with the Zoning Officer along will all maps, plans and text which may be relevant to the request. Said request shall be accompanied by a fee specified by the Board of Supervisors.

2. The Zoning Officer shall transmit the request and any information received therewith. along with his file on said issue forthwith to the Zoning Hearing Board.

3. Upon receipt of a request for variance the Board shall establish a rime and place to hear said request within thirty (30) days.

4. The Board shall render a decision and inform the applicant of said decision within thirty (30) days of the final hearing date.

B. Appeal of the Zoning Officer's Decision Appeals arising from the Zoning Officer's decision on a specific provision of this Ordinance shall be handled in the same manner as a variance request.

C. Special Exception: 1. The landowner shall file a request for the granting of a Special Exception along with all maps, plans and text which may

33

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Any person aggrieved by the rendering of a decision by the Board of Supervisors, Planning Commission, Zoning Officer, or Zoning Hearing Board shall have thirty (30) days in which to file an appeal or request for review with the Zoning

I Hearing Board from the date of said decision.

be necessary to explain the development proposed and its conformance with the standards and criteria of this ordinance with the Zoning Officer. Said request shall be accompanied by a fee specified by the Board of Supervisors.

2. The Zoning Officer shall transmit the request and background data forthwith to the Zoning Hearing Board.

I 3. The Zoning Hearing Board shall schedule a public hearing with public notice within sixty (60) days of said request.

4. The Board shall render a decision and inform the applicant of said decision within thirty (30) days of the final hearing date, unless upon mutual consent of the Board and applicant it is agreed to continue the proceedings.

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SECTION 906, APPEALS

Appeals from a decision of the Zoning Hearing Board shall be filed and handled in the manner prescribed by Act 247, as amended, the "Pennsylvania Municipalities Planning Code".

I //End of Anicle IX//

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J

ARTICLE X ADMINISTRATION AiVD ENFORCEMENT

SECTION 1000, PURPOSE

The purpose of this section is to describe the duties of the Zoning Officer and the administration of permits.

SECTION 1001, ZONING OFFICER

A. Appointment The position of Zoning Officer for Shippen Township. is hereby created and the Board of supervisors shall appoint a Zoning Officer pursuant to the provisions of Section 614 of Act 247, as amended, the "Pennsylvania Municipalities Planning Code".

B. Powers and Duties: The Zoning Officer shall administer this Ordinance in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to the requirements of this Ordinance. Within this power, the Zoning Officer shall have duties as follows:

1. The Zoning Officer shall receive applications for, and issue zoning and sign permits. certificates of use and occupancy and stop work orders in accordance with the provisions of this ordinance.

2. The Zoning Officer shall make all the required inspections or he may, subject to the approval of the Board of Supervisors, engage such expert opinion as he may deem necessary to report upon unusual technical issues that may arise.

3. At least annually, the Zoning Officer shall submit to the Board of Supervisors a written statement of all zoning and sign permits, certificates of use and occupancy issued, and notices and orders issued.

4. An official record shall be kept of all business and activities of the office of the Zoning Officer specified by provisions of this Zoning Ordinance and all such records shall be open to public inspection at all appropriate times.

SECTION 1002, PERMITS

A. Zoning Permit:

A zoning permit shall be required prior to the erection. addition or alteration of any building or portion thereof: prior to the use or change in ue of a building or land; and prior to changes or extension of a nonconforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use. until a permit has been duly issued therefore. No zoning permit shall be required in cases of normal maintenance activities. minor reparis and alterations which do not structurally change a building or structure.

1 . Application for permits - All applications for permits shall be accompanied by plans in duplicate, drawn to scale. showing the actual shape and dimensions of the lot to be built upon, the exact size and location of an buildings.

a. No building or structure shall be erected, remodeled, added to or structurally altered until a permit therefore has

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been issued by the Zoning Officer. All applications for zoning permits shall be in accordance with the requirements of this Zoning Ordinance, and unless upon written order of the Zoning Hearing Board, no such zoning permit shall be ;issued for any building where said construction, addition or alteration for use thereof would be in violation of any of the provisions of this Ordinance.

b. Remodeling or improvement of existing buildings which does not alter the basic structure, create additional lot area coverage. or change the use of the parcel or building is exempt from this specific requirement provided the estimated cost of such activities does not exceed fifty (50) percent of the fair market value.

c. All requests for building permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use as intended of the building and shall be accompanied by two (2) copies of a layout or plat plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location of the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this Zoning Ordinance. When complete and accurate information is not readily available from existing records, the Zoning Officer may require an applicant to furnish a survey of the lot by a registered engineer or registered surveyor.

d . One (1) copy of such layout or plat plan shall be returned when approved by the Zoning Officer together with the permit to the applicant upon payment of a fee as predetermined from a fee schedule adopted by the Board of Supervisors.

B. Occupancy Permit:

1. A certificate of occupancy, either for the whole or for a part of a new building or for the structural alteration of an existing building shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building or part of a building shall have been completed and after due inspection shows the same to be in conformance with the provisions of this Zoning Ordinance.

2. A certificate of occupancy for the use or occupancy of vacant land or for a change of use in an existing building shall be applied for and issued before any such land or building shall be occupied. used or changed in use and such certificate of occupancy shall be issued within ten (10) days after application has been made. provided such proposed use is in conformance with the provisions of this Ordinance.

3. No fee shall be charged for an application for a certificate of occupancy as required herein, but for the issue of each copy of said certificate of occupancy, there will be a charge as per a fee schedule adopted by the Board of Supervisors.

4. Refusal by the Zoning Officer to issue an occupancy permit shall include a written statement to the applicant containing reasons for such denial.

5 . Occupancy permits are required for the folloning:

a. Occupancy of a new building. b. Occupancy and use of s building hereafter moved or altered so as to require a zoning permit. c. Change in the use of an existing building other than to a use of the same type. d . Occupancy and use of unimproved or vacant land. e. Change in the use of land except to another use of the same type. f. Any change in use of nonconforming use to a conforming use.

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6. Occupancy permits shall state that the building or the proposed use of a building or land complies with all provisions of law and of this Zoning Ordinance and all other ordinances of the municipality. They are deemed to authorize and are required for both initial and continued occupancy and use of the building and land so long as such building and use is in full conformity with the provisions of the Ordinance.

C. Sign Permit: I 1. No permanent or temporary sign as described in this Ordinance shall be erected until a permit therefore has been issued by the Zoning Officer.

2. Application to the Zoning Officer shall be processed within one (1) week upon receipt of the written request to erect a sign and payment of a fee as predetermined from a fee schedule adopted by the Board of Supervisors, provided the size and nature of the sign is in conformity with the provisions of this Ordinance, and all other effective and applicable ordinances. Refusal for a sign permit shall include a written statement to the applicant containing the reasons for denial.

3. Negligence to apply for a sign permit is punishable by a fine as prescribed by this Ordinance. Payment of said fine does not grant approval to erect a sign.

D. Temporary Permit: I 1. Temporary permits are required where it is intended that a mobile, temporary or seasonal use be located anywhere within the Township for a very short period of time. Temporary permits are limited to a one (12) week period renewable for a maximum of four (4) weeks during any one calendar year unless otherwise specified in this Ordinance.

2. Temporary permits are required for and in accordance with the following:

a. Selling of Christmas trees at churches. schools. clubs and lodges. b. Carnival, circus or street fairs. c. Mobile amusements and lighting equipment for promotion, advertisement and grand openings. d. Temporary parking of camping or recreational equipment in Residential Districts.

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3. No temporary permit shall be issued for any temporary use where said use would violate any of the provisions of this Zoning Ordinance except upon approval of the Board of Supervisors.

4. Written request to the Zoning Officer for a temporary permit shall be processed within one (I) week upon receipt of the request and payment of a fee as predetermined from a fee schedule adopted by the Board of Supervisors provided the use does not violate any provisions of this Zoning Ordinance.

I SECTION 1003, INSPECTION

It shall be the duty of the Zoning Officer. or his fully appointed representative, to make the following minimum number of inspections on property for which a permit has been issued.

A. At the Beginning of Construction:

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A record shall be made indicating the time and date of the inspection and the finding of the Zoning Officer in regard to conformance of the constuction with plans submitted with the application for the building.

1. If the actual construction does not conform to the application, a written notice of a violation shall be issued by the Zoning Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction shall proceed.

B. At the Completion of Construction:

A record shall be made indicating the time and date of the inspection; the findings of the Zoning Officer in regard to conformance to this Ordinance; and the opinion of the Zoning Officer in regard to the issuance of an occupancy permit.

//End of Article X i /

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ARTICLE XI SEVERABILITY

Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this ordinance as a whole or any part thereof, and the parts of or sections remaining shall remain in effect as though the part or section declared unconstituional has never been a part thereof.

ARTICLE XI1 INTERPRETATION, PURPOSE AND CONFLICT

The interpretation and application of the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of the Township of Shippen. This Ordinance is not intended to interfere with or abrogate or annul other rules, regulations or ordinances of the Township, provided that where this Ordinance imposes a greater restriction upon the use of a building or premises, or upon the height of a building. or requires larger open spaces than are imposed by other such rules, regulations or ordinances the provision of this Ordinance shall prevail.

ARTICLE XI11 REMEDIES

In case any building or structure is erected, constructed, reconstructed. altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Ordinance or prior laws, the Township Board of Supervisors may instruct an officer of the Township, in addition to other remedies, to institute in the name of the Township any appropriate action or proceedings to prevent, restrain, correct or abate such violation, structure or land, or to prevent. in or about such premises any act, conduct or use constituting a violation.

ARTICLE XIV PENALTIES

Any person. partnership or corporation who or which shall violate the provisions of this Zoning Ordinance enacted under Act 247 as amended shall. upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than five hundred dollars (SSOO) plus all court costs. including reasonable attorney fees incurred by Shippen Township as a result of enforcing this Ordinance. In default of payment of the fine such person. the members of such partnership. or other officers of such corporation shall be liable to imprisonment for not more than sixty (60) days. Each day that a violation is continued shall constitute a single and separate offense. All fines collected for the violation of this Zoning Ordinance shall be paid over to the Board of Supervisors and deposited in the General Fund.

ARTICLE XV INCONSISTENT ORDINANCES REPEALED

All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed.

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!

Passed and enacted this day of , 1990.

BOARD OF SUPERVISORS SHIPPEN TOWNSHIP TIOGA COUNTY, PENNSYLVANIA

(seal)

ATTEST:

Secretary

Chairman

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AMENDMENTNO. 1 to

SHIPPEN TOWNSHIP ZONING ORDINANCE

WHEREAS, on October 5, 1990, Shippen Township, Tioga County, Pennsylvania, adopted a General Development Plan to outline its goals and objectives to direct land use and development within Shippen Township; and

WHEREAS, on October 5, 1990, Shippen Township enacted a Zoning Ordinance governing land use within Shippen Township, Tioga County, Pennsylvania pursuant to its General Development Plan, and this ordinance was effective on November 5, 1990; and

WHEREAS, Shippen Township desires to amend its Zoning Ordinance to permit additional business activities in residential zones, to include new lot depth to width ratios currently in use by Tioga County, to make all side and rear yard requirements consistent, to allow smaller new lot sizes in residental zones located in special areas of the township, and to streamline the regulatory process to convert small lots from agricultural to residential when they are new lots of an approved subdivision; and

WHEREAS, these changes, as proposed and set forth herein, are consistent with the goals and objectives of the Shippen Township General Development Plan;

NOW, THEREFORE, the Shippen Township Zoning Ordinance, dated October 5. 1990, is hereby amended as follows:

1. Article 111, Definitions, Section 303 Definition of Terms? is amended to include a new definition for "small- scale business" as follows:

"70. SMALL-SCALE BUSNESS: Business activities which do not normally require more than fifteen (15) on-site parking spaces, which do not generate noxious odors, and which can provide an effective plan to minimize and mitigate noise, distractions, and other potential adverse effects on the health, safety, and character of the neighborhood. "

2. Article V, District Regulations, is amended as follows:

A) Section 501: ZONE R-1, RESIDENTIAL, Paragraph 501.4, Special Exception Uses, is changed to include the following additional Special Exception:

"-Small-scale business activities when the Zoning Hearing Board finds, after a public hearing, that such uses will not create major changes to the character of the neighborhood and will not produce major, unmitigated adverse effects on the health and safety of neighborhood residents. The following additional requirements, in addition to any special requirements that are deemed necessary to the Zoning Hearing Board, shall apply to said activities as approved:

a) a maximum of fifteen (15) on-site parking spaces will be allowed; b)one permanent on-site sign not to exceed 64 square feet, containing no flashing lights and

illuminated no earlier than 6 AM and no later than 11 PM, will be allowed; c) all outside displays shall be removed from the front of the premises after normal business

hours; d) except for building security lights, all exterior lights shall be extinguished after normal business hours; e) normal business hours shall be no earlier than 6AM and no later than 11PM; f) buildings shall be designed and constructed of materials which are compatible with the rural

g) storage areas shall be screened from adjacent neighbors by a vegetative screen. and scenic neighborhood character;

B. Section 501: ZONE R - l ~ RESIDENTIAL, Paragraph 501.5, Minimum Lot Requirement is amended to read:

"501.5 Minimum Lot Requirement: two (2) acres. The ratio of lot depth to lot width shall not exceed 3: 1 for lots less than ten (10) acres and no more than 5 : 1 for lots ten (10) acres or more. I'

C. Section 501: ZONE R-1, RESIDENTIAL, Paragraph 501.9 Minimum Rear Yard, is amended to read:

"501.9 Minimum Rear Yard: Principal Building - 50 feet Accessory Building - 20 feet"

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D. Section 501 : ZONE R-1 , RESIDENTIAL, Paragraph 501.11, Parking Facilities Required, is amended to include:

"(d) Small-scale business: one (1) on-site parking space for each employee and additional spaces as required under the various types of activities outlined in Section 503.7 of this Ordinance, up to a maximum of 15 on-site parking spaces. "

E. Section 502: ZONE R-2, RESIDENTIAL - SPECIAL AREA, Paragraph 502.4, Special Exception Uses, is amended to include the following additional special exception uses:

"-Small-scale business activities when the Zoning Hearing Board finds, after a public hearing, that such uses will not create major changes to the character of the neighborhood and will not produce major, unmitigated adverse effects on the health and safety of neighborhood residents. The following additional requirements, in addition to any special requirements that are deemed necessary to the Zoning Hearing Board, shall apply to said activities as approved:

a) a maximum of fifteen (15) on-site parking spaces will be allowed; b)one permanent on-site sign not to exceed 64 square feet, containing no flashing lights and

illuminated no earlier than 6 AM and no later than 11 PM, will be allowed; c) all outside displays shall be removed from the front of the premises after normal business

hours; d) except for building security lights, all exterior lights shall be extinguished after normal

business hours; e) normal business hours shall be no earlier than 6AM and no later than 11PM; f) buildings shall be designed and constructed of materials which are compatible with the rural and scenic neighborhood character; g) storage areas shall be screened from adjacent neighbors by a vegetative screen.

-Mobile homes. The following additional requirements shall apply to mobile homes permitted as a Special Exception:

a) Mobile homes shall be screened from the visual road and stream corridors by natural vegetative screening, effective within ten (10) years of the date of the building permit issued by the Township. A plan for interim vegetative screening to mitigate the visual impact of the mobile home over the first ten (10) years shall also be planned and implemented.

b) Mobile homes shall be set back as far as practical (100 ft. minimum) from road and stream frontages ;

c) The mobile home shall be appropriately disposed of by the owner, at the owner's expense, at the end of its useful life or if irrepairably damaged."

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F. Section 502: ZONE R-2, RESIDENTIAL - SPECIAL AREA, Paragraph 502.5 Minimum Lot Requirements: is amended to read:

"Five (5) acres. The ratio of lot depth to lot width shall not exceed 3 : l for lots less than ten (10) acres and no more than 5: 1 for lots ten (10) acres or more.

Special Exception: New lots of less than five ( 5 ) acres but no less than two (2) acres may be permitted as Special Exceptions upon approval by the Zoning Hearing Board, subject to the following additional regulations, which shall be included as restrictions in the deeds for the new lots:

a) All buildings shall be screened from the visual road and stream corridors by natural vegetative screening, effective within ten (10) years of the date of the building permit issued by the Township. A plan for interim vegetative screening to mitigate the visual impact of the building over the first ten (10) years shall also be planned and implemented. Screening plans shall be reviewed and approved by the Shippen Township Building Permit Officer as a condition of issuing a building permit.

b) All buildings shall be set back a minimum of two hundred (200) feet from streams and roads."

G. Section 502: ZONE R-2, RESIDENTIAL - SPECIAL AREA, Paragraph 502.6 Minimum Lot Width. is amended to read:

"Two hundred (200) feet along road, and minimum four hundred (400) feet stream frontage for lots along Pine Creek. It

H. Section 502: ZONE R-2, RESIDENTIAL - SPECIAL AREA, Paragraph 502.8 Minimum Side Yard, is amended to read: "50 feet"

I. Section 502: ZONE R-2, RESIDENTIAL - SPECIAL AREA, Paragraph 502.9 Minimum Rear Yard, is amended to read:

"Principal Building - 50 feet Accessory Building - 20 feet"

J. Section 502: ZONE R-2, RESIDENTIAL - SPECIAL AREA, Paragraph 502.12, Other Special Requirements, is amended to read:

"In addition to other requirements outlined in this Section, the following apply to Zone R-2, Special Area:

Mobile homes and trailers not permitted, except as a Special Exception. I'

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K. Section 505, ZONE A-1, AGRICULTURAL, is amended to include a new section 505.10 as follows:

"505.10 Conversion to Residential Use: Lots of ten (10) acres or less of any approved subdivision of land zoned A-1 may be changed to the appropriate residential zone by vote of the Township Supervisors at a regular Township Supervisors Meeting upon written request of the landowner and without a public hearing. 'I

Passed and enacted this day of , 1995.

BOARD OF SUPERVISORS SHIPPEN TOWNSHIP TIOGA COUNTY, PENNSYLVANIA

Chairman

ATTEST:

Secretary

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