Existing Lots of Record Application of Yard Regulations Temporary Structures Height Limitation Performance Standards Water Recreation and Storage Areas Signs Agriculture Floodplains Junkyards and Similar Storage Areas (I Sanitary Landfill Areas Drive-In Theaters Home Occupations Mineral Excavation and Extraction
zluding Automobil
Logging Operations and Underground Utility Installations Planned Residential Developments Township-Owned Structures Outside Storage Sight Line (Visibility at Intersection) Service Stations, Auto Repair and Public Garages Fences and Walls Garage Sales Mobile Homes Mobile Home Parks Overnight Mobile Home Parks Tavetns/Cocktail Lounges Small Business Lake Erie Bluff Recession and Setbacks
Part 7
Administration and Enforcement
Appointment and Powers of Zoning Officer Permits Substantial Completion Enforcement Notice Causes of Action Enforcement Remedies
5805. Special Exceptions 5806. Conditional Uses 5807. 5808. Time Limitations 9809. Stay of Procedings
Parties Appellant Before the Board I
Part 9
Amendment and Adoption
5901. 5902. Procedure for Landowner Curative Amendments 5903.
Enactment of Zoning Ordinance Amendments
Procedure for Township Curative Amendments
Part 10
Definitions
51001. Definitions
- 205 -
(27, 5101)
I
Part 1
General Provisions
1 'I
(27, 5101)
I I I
5101. Title. The official title of this Chapter is "The Springfield Township Zoning Ordinance". (Ord. 70-15, 12/15/1970, 5101; as revised by Ord. 1-1990, 5/.7/1990)
5102. Effective Date. The effective date of this Chapter is December 15, 1970, as amended on September 2, 1975, September 8, 1977, December 3, 1978, July 7 , 1980, May 3 , 1982, April 4 , 1988, May 5 , 1988, and - Ord. 70-15, 12/15/1970, 5102, as revised by Ord. 1-1990, 5/7/1990)
5103. Definitions. Certain words or terms that appear in this Chapter are defined in Part 10. (Ord. 70-15, 12/15/1970, 5103; as revised by Ord. 1-1990, 5/7/1990) -
5104. Compliance. No structure shall be located, erected, construct- ed, reconstructed, moved, altered, converted or enlarged, nor shall any structure or land be used or designed to be used except in full compliance with all the provisions of this Chapter and after the lawful issuance of all permits and certifications required by this Chapter. (Ord. 70-15, 12/15/1970, 5104; as revised by Ord. 1-1990, 5/7/1990)
5105. Severability. If any provision of this Chapter or the application of any provision to particular circumstances is held invalid, the remainder of the Chapter or the application of such provision to other circumstances shall not be affected. (Ord. 70-15, 12/15/1970, JlOS, as revised by Ord. 1-1990, 5/7/1990)
5106. Conflict. Whenever there is a difference between minimum standards or dimensions or provisions specified herein and those contained in other regulations, resolutions or ordinances of Springfield Township, - the highest standards shall govern. (Ord. 70-15, <2/15h970, 5106; as revised by Ord. 1-1990, 5/7/1990)
5107. Community Development Objectives. This Chapter and Zoning Map are intended to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water and sewage, schools, public grounds and other public requirements as well as preventing the overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers. More specifically, these broad purposes are designed to clearly achieve the goals and objec- tives of the Springfield Area Background Analysis and Comprehensive Plan completed in 1977. The specific objectives upon which this Chapter have been based include the following:
To support and encourage order and beauty in the development of Springfield Township's environment for the convenience and pleasure
A.
' 1 - 207 -
(27, §107(A), cont'd) (27, §107(A), cont'd)
of present citizens and future residents through sound land develop- ment practices and the provision of adequate public utilities and facilities.
B. harmonious and efficient pattern of future Township growth.
C. arrangement within compact neighborhood units.
D. development for the establishment of suitable diversified industry in the Township.
E. To guide commercial development in such a way so as to minimize adverse influence on adjacent roads or land values; to maintain and protect existing commercial uses, and to encourage new commercial facilities to locate in functionally -designed centers with safe and adequate highway access.
F. To protect property values to ensure suitable, at.tractive and efficient development of the community.
G. To encourage development of integrated and cohesive suburban development.
H. To encourage development of integrated adequate public facilities and open spaces in neighborhood design.
To encourage future land development to compliment a.logica1,
To encourage future residential use to occur in a harmonious
To preserve strategic properties 'suitable for industrial
. -
(Ord. 70-15, 12/15/1970, 1107; as revised by Ord. 1-1990, 5/7/1990)
. . . . .
I
- 208 - A
(27, 5201)
P a r t 2
Zoning Map
(27, 5201)
! I II II
' I
8201. Zoning Map. A map e n t i t l e d t h e "Spr ingf ie ld Township O f f i c i a l Zoning Map" is hereby adopted as p a r t of t h i s Chapter. The O f f i c i a l Zoning Map s h a l l be kept on f i l e a v a i l a b l e f o r examination a t t h e Township Building. (Ora. 70-15, 12/15/1970, 5201; as rev i sed by Ord. 1-1990, 5/7/ 1990)
5202. Zoning Districts. The Township is divided i n t o the d i s t r i c t s s t a t e d i n t h i s Chapter as shown by t h e d i s t r i c t boundaries on t h e Zoning Map enclosed wi th t h i s Chapter. (Ord. 70-15, 12/15/1970, 5202; as rev i sed by Ord. 1-1990, 5/7/1990)
1203. District Boundaries. The boundaries between d i s t r i c t s are c e n t e r l i n e s of streets, a l l e y s , r a i l r o a d rights-of-way, streams or such l i n e s extended, or l i n e s p a r a l l e l t h e r e t o or concen t r i c therewi th , o r proper ty l i n e s when proximate the re to , or may be l i n e s otherwise ind ica t ed on the Zoning Map. When t h e Zoning Of f i ce r cannot d e f i n i t e l y determine the l o c a t i o n of a d i s t r i c t boundary, he s h a l l deny 'the a p p l i c a t i o n and t h e Board, upon appea l , s h a l l i n t e r p r e t the l o c a t i o n of t h e d i s t r i c t boundary. (Ord. 70-15,
..
12/15/1970, 1203; as rev ised by Ord. 1-1990, 5/7/1990)
1204. District Regulations. Lot and yard dimensions, permi t ted uses , cond i t iona l uses , s p e c i a l exceptions, maximum height of s t r u c t u r e s , and d e n s i t y a r e s p e c i f i e d f o r each d i s t r i c t i n P a r t 4, "District Regulations." Uses not expres s ly l i s t e d for a d i s t r i c t , o r uses which t h e Zoning O f f i c e r cannot i n t e r p r e t as being of t h e same c l a s s i f i c a t i o n as t h e l i s t e d use, are p roh ib i t ed i n t h a t d i s t r i c t . Conditional uses r e q u i r e review of t h e Planning Commission wi th approval of t he Board of Township Supervisors whereas permi t ted uses r e q u i r e only normal a p p l i c a t i o n procedures. Uses which are normally accessory t o the dec lared permi t ted use are a l s o per- mi t ted . (Ord. 70-15, 5/7/1990)
12/-15 / 19 70 , 5204; as rev i sed Ord. 1-1990,
I
I
- 209 -
I ‘I I I 1 I I I I ‘I I I - I I I I tl 1 1 .
\
(27, 5301)
Part 3 Nonconforming Uses
(27, 5301)
5301. Nonconforming Uses. The following provisions shall apply to all
A. Any nonconforming use may be continued but may not be extended or expanded or changed unless to a conforming use, except as permitted by the Board in accordance with the provisions of this Chapter, provided, however, that such continuance is in conformity with any conditions established by the Board, or previous Board, or Township Supervisors, under a previous zoning part, for a zoning variation or conditional use.
B. Any nonconforming structure damaged by fire, flood, explosion, or other casualty, subsequent to the date of this Chapter may be reconstructed and used as before if such reconstruction is performed. within twelve (12) months of such casualty and if the restored- structure covers no greater area and contains no greater cubic feet than before such casualty. If approved by the Board, a reconstructed structure may exceed its original lot coverage and cubic content, but must then meet minimum yard requirements of the districts in which the structure is located and must meet off-street parking and loading requirements of the Chapter.
C. In the event that any nonconforming use, conducted in a structure or otherwise, ceases for whatever reason f o r a period in excess of twelve (12) months, such nonconforming use shall not be resumed and any future use shall be in conformity with the provisions this Chapter. This, however, shall not apply to the rotation of crops, or the alternating use of land for pasture and/or for cultiva- tion from year to year, of land now used for general farming purposes, which may be used in the same manner as heretofore.
D. A nonconforming use may not be changed to another non- conforming use without approval of the Zoning Hearing Board.
E. Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted, or where no approvals are necessary, where construction has been legally started before the enactment of this Chapter and completed within a one-year period.
F. Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or struct- ure declared unsafe by a proper authority.
G. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
H. A nonconforming use which occupies a portion of a structure or premises may be extended within such structure or premises as they existed when the prohibitory provision took effect.
(1) Variances are required for any improvements which increase the degree of non-conformity. Conversely, if any improvement or alteration to a structure or its use does not re-
sult in an increase of the degree of nonconformity, then only a permit is required.
(2) A nonconforming building or structure may be extended, enlarged or replaced but must meet the minimum yard requirements’ of the district in which the structure is located and must meet off-street parking and loading requirements of this Chapter. -
I. The Board may impose such conditions as it deems necessary for the protection of adjacent property and the public interest.
J. A nonconforming residental use in C-1 District which existed prior to zoning of the district as C-1 may be expanded upon as long as all other provision of this Chapter are met. Refer to Part 8 for the procedure in securing a change of the lawful nonconforming use.
(Ord. 70-15, 12/15/1970, 5301; as revised by Ord. 1-1990, 5/7/1990)
.. - - 2 . . ~ .. , . . . I .. , ,>. .
. . .. ., ~
. .
. .
. _. - .. . i , . .- . .. - _ . - . . . - .
.*-. . . . _ . * - ~. . . -
. .
. . .-. I . .
I . t : . . . ”.. . . . . . . - . . - -
- 212 -
1 1 I I
I 1 ‘I I
i I -I I
I (27, S401)
Part 4
District Regulations
(27, 1401)
b
I I I I 1 I c
I
Uses in each district are shown on the following tables and any use not expressly listed for a district is prohibitedin that district. All uses must meet lot, yard, height and off-street loading and parking requirements.
§401. A-1 Conservation. 1. PermittedUses:
A. Accessory Uses B. Agriculture C. Drilled Mineral Extraction D. Essential Services E. Home Occupations F. Hunting Preserves and Game Lands G. Private and Public Parks & Playgrounds
2. Special Exception Uses: A. Camps--b B. Golf Courses and Outdoor Recreation C. Individual Mobile Homes D. Single-FamilyDetached Dwellings E. Water Recreation & Storage
3 . Conditional Uses A. Mobile Home Parks
(Ord. 70-15, 12/15/1970, 1401; as revisedby Ord. 1-1990, 5/7/1990; as revised by Ord. 1-1991, 11/4/1991; as revised by Ord. 3-1994, 11/7/1994)
3402. A-2 Recreation. 1. Permitted Uses:
A. Accessory Uses B. Agriculture C. Camps- D. Drilled Mineral Extraction E. Educational& Religious F. Essential Services G. Golf Courses & Outdoor Recreation H. Home Occupations I. Hunting Preserves & Game Lands J. Private and Public Parks & Playgrounds K. Single Family Detached Dwellings, including individual
mobile homes
-213-
(27, 8402, cont'd) (27, 8402, cont'd)
2. Special Exception Uses: A. Restaurants B. Water Recreation and Storage
3. Conditional Uses:
5/7/1990; as revisedby Ord. 1-1991, 11/4/1991; as revisedby Ord. 3-1994, 11/7/1994)
5403. R-1 Rural Residential. 1. Permitted Uses:
A. Accessory Uses B. Agriculture C. Camps- D. Cemeteries E. Drilled Mineral Extraction F. Educational and Religious G. Essential Services H. Fire Stations I. Home Occupations J. Private and Public Parks and Playgrounds K. Single-Family Detached Dwellings, including individual
mob i 1 e homes 2. Conditional Uses:
A. Airport B. Mobile Home Parks C. Planned Residential Development D. Surface Mineral Extraction
3 - Special Exception Uses : A. Animal Clinics B. Clubs, Lodges and Fraternities C. Golf Courses and Outdoor Recreation D. Nursery Schools E. Restaurants F. Small Business
ter Recreati and 8. P=apyrn &$CLE %%F!fwiu WIWWMJ (Ord. 70-1 12/15 70, 840 ; as revise by Ord. 1-1990, 5/7/1990; as revised by Ord. 1-1991, 11/4/1991; as revised by Ord. 3-1994, 11/7/1994)
A. Accessory Uses B. Agriculture C. Cemeteries D. Drilled Mineral Extraction E. Education and Religious F. Essential Services G. Fire Stations H. Funeral Homes I. Home Occupations J. Hospitals, Clinics, Nursing Homes K. Libraries
M. Private and Public Parks and Playgrounds N. Single-FamilyDetached Dwellings, including individual
mob i 1 e homes
2. Conditional Uses: A. Planned Residential Developmen
A. Clubs, Lodges and Fraternities B. Golf Courses and Outdoor Recreation C. Nursery Schools D. Small Business E. Tourist Homes and Rooming Houses F. Water Recreation and Storage
(Ord. 70-15, 12/15/1970, 8404; as revisedby Ord. 1-1990, 5/7/1990; as
revisedby Ord. 1-1991, 11/4/1991; as revisedby Ord. 3-1994, 11/7/1994)
D. Bakery Goods with Retail Outlet E. Banks, Studios, Offices F. Bus or Taxi Stations G. Car Washing H. Clubs, Lodges and Fraternities I. Commercial Parking (surface or within a building) J. Drilled Mineral Extraction K. Drive-In Facilities L. Dry Cleaning, Pressing or Tailor Shops using non-explosive
M. Essential Services N. Fire Stations 0. Funeral Homes P. Hotel or Motel Q. Industrial Office Buildings
solvents
R. Inside Storage Facilities S. Libraries T. Personal and Professional Services U. Pool Hall, Bowling Alleys, or any Legal Inside Recreational 1
Us e V. Printing Establishments W. Restaurants and Tea Rooms X. Service Establishments such as Barber Shops, Beauty Parlors
Y. Theater or Assembly Hall Z. Wholesale and Distributors (no outside storage)
and Commercial Laundry (including Coin-OperatedLaundry)
I CC. Multiple Family Dwellings I
1
I
AA. Single-FamilyDetached Dwellings
DD. Individual Mobile Homes 2 . Conditional Uses:
0.. l i f~WION42
A. Other Business Uses B. Research Laboratories C. M bile Home
3 . Specia xception A. Drive-In Theaters
C. Kennels and Animal Hospitals
E. Residential Uses in Combinationwith Commercial Uses
-216-
1
U I I
C
I I I I c I I I 1 I I
f I
I I --
(27, 8405 ( 3 ) , cont'd) (27, 5405 (3) , cont'd)
F. Roadside Stands G. Taverns and Cocktail Lounges H. Water Recreation and Storage
(Ord.70-15, 12/15/1970, 1405; as revised by Ord. 1-1990, 5/7/1990; as revised by Ord. 1-1993; 9/20/1993; as revised by Ord. 3-1994, 11/7/1994)
5406. 1-1 Lisht Industrial. 1. Permitted Uses:
A. Accessory Uses B. Agriculture C. Bottling Plant D. Building Materials, Lumber Yards and Saw Mills E. Contractor, Equipment Storage F. Distributing Plant, Parcel Delivery Service G. Drilled Mineral Extraction H. Essential Services I. Industrial Office Buildings J. Light Manufacturing including production of the following
goods : (1) Apparel ( 2 ) Ceramics (3) Electronic Devices (4) Electrical Instruments ( 5 ) Home Appliances (6) Jewelry (7) Lithographic Plates ( 8 ) Machine Tools, Dies, and Gauges (9) Musical Instruments (10 Non-ferrous Metal Castings (11 Novelties (12 Office Machines (13 Optical Goods (14) PharmaceuticalGoods and Food Products but not
including Animal Slaughtering, Curing nor Rendering of Fats (15) Plastic Goods (16) Precision Instruments (17) Printed Material (18) Sheet Metal Products
-217-
(27, 8406 (11, cont'd) (27, §406 (1) , cont'd)
(19) Time Pieces (20) Type Composition ( 2 1 ) Wood Products
K. Motor Trucking Center L. Public Garage, Auto and Mobile Equipment Repairs and Sales M. Wholesale Storage
2. Conditional Uses: A. Automobile Salvage, Junkyards and Similar Storage Areas B. Other Light Industrial and Related Uses C. Research and Testing Laboratories D. Surface Mineral Extraction E. Mobile Home Parks
3 . Special Exception Uses : A. All C-1 District Permitted, Conditional, and Special Excep-
tion Uses which are not residentially (whether permanent or transient) related. (Ord. 70-15, 12/15/1970, §406; as revisedby Ord. 1-1990, 5/7/1990; as revised by Ord. 3-1994, 11/7/1994)
3407. 1-2 Heavy Industrial. 1. Permitted Uses:
A. Concrete Plant, Rock Crushing B. Drilled Mineral Extraction C. Essential Services D. Metal Goods Manufacturingwith Foundries, Heavy Presses,
etc. E. Monument Works F. Permitted Uses in District 1-1 G. Railroad Yard Facilities H. Steel Fabricators I. Steel Making and Rolling Mills J. Storage of Coal, Coke, Limestone, and other Bulk Products K. Utility Plants (generating, sewer and water) , except those
which use or produce nuclear energy. 2. Conditional Uses:
A. Animal Slaughtering, Curing and Rendering of Fats B. Asphalt Manufacturingor Refining C. Bulk Storage of Gasoline, Fuel Oil or Other Flammable or
Explosive Substances
-218-
(27, §407 (2) , cont'd) (27, §407 (2) , cont'd)
D. Chemical Industry E. Other Heavy Industrial and Related Uses F. Research and Testing Laboratories G. Sanitary Landfills H. Surface Mineral Extraction I. Wrecking or Dismantling of Motor Vehicles (storage of the
parts and materials from such operations) J. Mobile Home Parks
3. Special Exception Uses: A. Water Recreation and Storage
(Ord. 70-15, 12/15/1970, P407; as revisedby Ord. 1-1990, 5/7/1990; as revised by Ord. 3-1994, 11/7/1994)
s408. Lot Size and Area, Heisht Resulations and Yard Requirements Table. District : Res iden t i a luses wi th in the C - 1 d i s t r i c t s h a l l conform with the requi rementsappl icable in t h e R-2 Zone.
Building Height: Maximum Height (stories) (1) Maximum Height ( feet 1
Minimum Width ( feet ) Minimum Area (sq. ft. (2) * *
Lots :
20000 Maximum Building Coverage
Front Yards : Minimum Depth (feet) ( 4 ) (5) (6)
Side Yards: Number Required Minimum width (feet) (4) Main Bldg - One Side* Main Bldg - Opposite Side** Accessory Uses
(27, §408, cont'd) (27, §408, cont'd) II Building Area :
~ l l single family dwellings shall have a minimum area of nine hundred d (9002) square feet.
* Except corner lots ** All commercial and industrial uses not served by public sewer and water (or package plants) 1/2 acre minimum.
(1) Basements shall be consideredas 1/2 story, cellars and attics are not included.
(2) The minimum lot area shall be increased by two thousand five hundred (2,5002) square feet for each family unit more than one (R-2 only).
( 3 ) Minimum shall be greater where required by sight-triangle regulations.
(4) The Lake Erie Bluff Setback Regulations, as identified in §628, shall apply.
( 5 ) Owners of parcels of land adjoining a neighboring zoning district shall utilize a front yard setback which is an average of the setback requirements of the two districts.
(6)
(7) Only one (1) dwelling shall be permitted on each lot of record except in mobile home parks.
(8) Minimum lot areas and widths in the A-1, A-2, R-1 and R-2 Districts shall be as follows:
Setbacks shall be determined from the road right-of-way.
MINIMUM LOT SIZE AND WIDTH CHART
A- 1 A- 2 R- 1 R-2
\
without public Min. Area 1 acre 1 acre 1 acre 1 acre
150 ft 150 ft water and sewer Min. Width 150 ft 150 ft
With (1) public Min. Area 1 acre z o o o o sq. ft z o o o o sq. ft z o o o o sq. ft
utility; either Min. Width 150 ft 100 ft water or sewer
100 ft 100 ft
with both public Min. Area 1 acre i s o o o sq. ft 15000 sq. ft i s o o o sq. ft water and sewer Min. Width 150 ft 100 ft 100 ft 100 ft
(Ord. 70-15, 12/15/1970, §408; as revisedby Ord. 1-1990, 5/7/1990; as revised by Ord. 1-1991, 11/4/1991; as revised by Ord. 1-1993, 9/20/1993; as revised by Ord. 3-1994, 11/7/1994)
-220-
%
(27, 5501)
Part 5
(27, 5501)
Off-street Loading and Parking
5501. Off-street Loading. Off-street loading spaces shall be provided in accordance with the following specifications in all districts whenever any new use is established or an existing use is enlarged:
A. Size. Each loading space shall not be less than ten (10') feet in width, forty-five (45') feet in length, and fourteen (14') *
feet in height. B. Off-street loading areas shall be provided so that the
loading and unloading of trucks and all other vehicles shall be conducted in such a manner that no part of said truck or vehicle, or the operations of the loading or unloading, shall extend onto the adJacent sidewalk or roadway or in any other manner hinder or impede
C. Off-street Loading Space Requirement. The number of off-street loading spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
.. . the use thereof. , * ~ -
USES SQUARE FEET OF FLOOR AREA
1-Commercial 10,000-25,000 Who le sa le 25 , 00 1-40,000 Manufacturing 40,001-60,000 Storage 60,OO 1- 100,000
For each additional 50,000 or major frac- tion thereof
2-Hospitals (in addi- 10,000-300,000 tion to ambulance For each additional space) 300,000 or major frac-
tion thereof
3-Hotels & Offices 10,000 or more
4-Sch001~ 15,000 or more
5-Undertakers and 5 , 000 funeral parlors For each additional
5,000 or major frac- tion thereof
REQUIRED OFF-STREET LOADING BERTHS
1 2 3 4 1 additional
1 1 additional .1 .
. -
1 - \
1 1 1 additional
. - . A .
(Ord. 70-15, 12/15/1970, 5501; as revised by Ord. 1-1990, 5/7/1990).
1502. Off-street Parkinq. Off-street parking shall be provided .-- - in . accordance with the following specifications in all districts whenever any new use is established or an existing use is enlarged.
1. Each off-street parking space shall have an area- of not less than one hundred eighty (180f2) square feet exclusive of access drives or aisles, and be in useable shape-and condition. Except in the
_ _ I -i.L -.-- .. Size and Access.
- *
- 221 -
(27, §502(1), cont'd) (27, §502(1), cont'd)
case of dwellings, no parking area shall contain less than two (2) spaces. There shall be adequate ingress and egress to all parking spaces. The parking area shall be designed to provide sufficient turn-around area so that vehicles are not required to back into major roads. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces.
2. Number of Parking Spaces Required: The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
13-Manufacturing Plants, Research or Testing Laborat or ies
14-Medical or Dental Off ices
15-Restaurant9, Taverns Night Clubs (with- seating)
16-Res taurants -(Take- -fit-
. .- ~.
- . . ; . 1 % .
only)
Required Parking Spaces 1 for each 400 sq ft of floor area
1 for.each 200 sq ft of floor area
5 for each alley 1 for each employee (see §502(7)) 1 for each 4 auditorium seats or 1 for each 17 classroom seats, whichever greater
1 for each 100 sq ft of floor area
1 for each employee, plus 1 for each 200 sq ft of floor area (see §502(7)) 2 for each family or dwelling unit, including space in garage 1 for each 200 sq ft of floor area
10 for first parlor, 5 for each additional parlor
1 for each 3 beds, plus 1 for each employee
1 for each living or sleeping unit, plus 1 for each employee 1 for each 500 sq ft of floor area
. ~ - - - 10 for each doctor or dentist, plus 1 for each employee _ .
. _ 1 for each 4 seats
2 for each 100 sq ft of floor area (see 9502(7))
I i I I a 1 I I I I
I I I I I
- 222 -
(27, §502(2), cont'd) (27, 5502 (2) , cont 'd)
17-Retail S tores & Shops 1 f o r each 200 sq f t of f l o o r area
Uses Required Parking Spaces
(see 5502(7))
1 8-Ro oming Houses 1 f o r each occupant or employee, p lus 1 add i t iona l f o r every 4 r e n t a l u n i t s
19-Service S ta t ions 4 f o r each service bay (see 5502(7))
20-Sports Arenas, 1 f o r each 4 seats Auditoriums, Assembly Halls, Theaters
Sales
ments o r Warehouses The t o t a l parking area s h a l l not be less
21-Trailer o r monument 1 f o r each 2500 sq f t of l o t area
22-Wholesale Establ ish- 1 f o r each employee on maximum s h i f t .
than 25% of the bui lding f l o o r area.
3. Location of Parking Areas: Required parking spaces s h a l l be located on the same l o t with the p r inc ipa l use. The Board may permit parking spaces t o be loca ted not more than four hundred (400') f e e t d i s t a n t from the l o t of the p r inc ipa l use, i f located i n the same zoning d i s t r i c t a s the p r inc ipa l use, and the Board f inds t h a t i t is impract ical t o provide parking on the same l o t with pr inc ipa l use. A l l parking l o t s and spaces s h a l l be so designed t o avoid a car overhanging on adjacent sidewalks, cartways and proper t ies .
4. Screening and Landscaping. Off-s t reet parking a reas f o r more than f i v e ( 5 ) vehic les , and o f f - s t r ee t loading areas, s h a l l be e f f e c t i v e l y screened on each s i d e which adjoins o r faces any r e s i d e n t i a l d i s t r i c t , except where the re i s a separa t ion by publ ic a l l e y or s t r e e t .
5 . With the exception of dwellings, a l l parking areas f o r more than twenty (20) automobiles s h a l l have a hard and durable dust f r e e surface, graded and drained t o dispose of a l l sur face water, and designed t o provide f o r order ly and s a f e loading and parking.
6. Lighting. Any l i g h t i n g used t o i l lumina te o f f - s t r e e t parking o r loading a reas s h a l l be arranged so as t o r e f l e c t t he l i g h t away from adjoining premises or any r e s i d e n t i a l d i s t r i c t .
7 . Drive-In F a c i l i t i e s . Any establishment which has drive-in f a c i l i - t i e s , as defined i n t h i s p a r t , s h a l l , i n addi t ion t o the spaces required by 5502(2), provide lane spaces between the se rv ice s t r u c t u r e and the publ ic right-of-way as designated below. A lane space s h a l l be one vehic le i n width and twenty-two (22') f e e t long. The vehic le pos i t i on a t the pump i s land , s e rv i ce window, wash bay, s e rv i ce booth or other s e rv i ce s t r u c t u r e may be counted as one (1) lane space.
Banks
Car Wash F a c i l i t i e s 6 lane spaces per wash bay
Drive-In Theaters
Service S ta t ions 3 lane spaces per each s i d e of a pump
Surfacing.
5 lane spaces per s e rv i ce window
8 lane spaces per each t i c k e t window
is land
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(27, §502(7), cont'd) (27, 1502, cont'd)
Other Facilities 4 lane spaces per service window or other service structure
(Ord. 70-15, 12/15/1970, 0502; as revised by Ord. 1-1990, 5/7/1990)
.. .
,. .
. - - . _. .
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I I I I
t - I I
\ -
(27, 1601)
Part 6 Supplemental Regulations
(27, 5601)
The provisions of this Part shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regula- t ions : -- -
1601. Existing Lots of Record. Any lot of record existing at the effective date of this Chapter and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its dimensions are less than the minimum requirements of this Chapter, except as set forth hereafter. Where two (2) or more adjacent lots of record with less than the required area and width are held by one on or before the date of enactment of this Chapter, the request for a permit shall be referred to the Board which may require replatting to fewer lots which would comply with the minimum requirements of this Chapter. (Ord. 70-15, 12/15/1970, 1601; as revised by Ord. 1-1990, 5/7/1990)
5602. Application of Yard Regulations.
1. Permanent parts of all structures, whether attached to the princi- pal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level shall not project into any minimum front, side or rear yard.
2. A wall or fence under seven (7’) feet in height, or higher if a retaining wall, and paved terraces, drives, walks, or other areas without walls, roofs or other enclosure, may be erected anywhere within the limits of the property, except as limited in 1621.
In the commercial districts any non-residential building hereafter constructed on property adjoining existing residential property shall maintain residential yard sizes on all adjoining sides.
(Ord. 70-15, 12/15/1970, 1602; as revised by Ord. 1-1990, 5/7/1990)
3.
1603. Temporary Structures. Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six month (6) period. (Ord. 70-15, 12/15/1970, 1603; as revised by Ord. 1-1990, 5/7/1990)
1604. Height Limitation. When the following conditions are met, height limits may be increased:
A. Building height in excess of the height above the average ground level allowed in any district may be permitted provided’-all minimum front, side and rear yard depths are increased-one (1’) foot for each additional foot of height.
B. The following structures are exempt, except in residential areas, from height regulations provided they do not constitute a hazard to an established airport: television and radio towers, church spires, belfries, cooling towers, ornamental towers and spires,
-.- -r _I
. , - , . . I
- 225 -
(27, §604(B), cont'd) (27, 9604(B), cont'd) I
chimneys, elevator bulkheads, smoke stacks, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks and similar structures.
(Ord. 70-15, 12/15/1970, 5604; as revised by Ord. 1-1990, 5/7/1990) L
5605. Performance Standards. No use, land, or structure in any . district shall involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or :pe.rsons in the Township. In cases involving performance standards, the 'Board may require *
a plan of the proposed construction' or development, -a description of- . . machinery proposed, and techniques to be used; and the Board may obtain -. qualified expert consultants to testify as to whether a pfgposed use will . - conform to the performance requirements. The cost of such s'ervice shall be borne by the applicant. Furthermore, every use of land or'structure in any;:-*;:
: 2.?.2+2 5 6 - ~ . :**53cji: E. A. Fire protection and fire ,f4*ghting equipment, - . . - ;,I . .
acceptable to the Board of Fire Underwriters .-;shall'. be readily-,,, available when any activity involving the handling-.'or storage of ' i- -
flammable or explosive materials is carried on.
B. Electrical Disturbances. No activity shall cause electrical disturbances adversely affecting radio or other equipment in the neighboring area.
C. Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, - . - except fire sirens and related apparatus used solely for public purposes, which shall be exempt from this requirqment:,,: .Objectionable . . noise levels shall be construed as being those in excess . - _ - of 60 dB at
D. Smoke. The maximum amount of smoke emission permissible
No smoke of a shade darker than No. 2 will ,
In any district no malodorous gas or matter shall-be--.
. - district must observe the following performance requirements:.,- - .-,. :.; 7::
Fire Protection.
-
the property line. . -
shall be determined by use of the Standard Ringleman Chart issued by . the U . S . Bureau of Mines. be allowed.
permitted which. is discernible on any adjoining lot or ,property. ..-This shall not apply to any form of fertilizer in districts?';;here . . . . . , . agricul-.. IJ:-
*i - . ~ .. ... - . . .. , L . - . > . . c
E. Odors. - ~ . -.. . : I - dl .: . .... -- ii '. ._ ture is a permitted use. ,
F. Air Pollution. No pollution of air by"fly-ash-, dust, vapors g or other substances shall be permitted which is harmful to the health .-. or to animals, vegetation or other property.
or reflected glare on adjoining properties or. through . _ thoroughfares 1
shall not be permitted.'
H. .Erosion. .No erosion by wind or water shall' be, permitted which will carry objectionable substances onto neighboring -. - . .. -I :properties, . . . except agricultural activities.
G. Glare. Lighting devices which produce . obj.ectionable direcJ.d-2Al
_. ' . .. :.. ~.
_ . ~ I
. * : . ;.la:% 81-7 .- . , - -..
ti' . . , . - . .. : : * .
. . . _ _ . . . # . : . .: :.L. .z..n'3-,U j :
- . . -
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i
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I
I I I I I I I
(' 1
t. I I I I I I I I I I
i'
(27, 5605, cont'd) (27, 5605, cont'd)
I. Water Pollution. The method for discharging wastes to public sewers, drains o r watercourses shall be acceptable to the Pen- nsylvania Department of Environmental Resources.
(Ord. 70-15, 12/15[1970, 5605; as revised by Ord. 1-1990, 5/7/1990)
5606. Water Recreation and Storage Areas. Any public o r private facility such as swimming pools, swimming clubs, reservoirs, or sewage lagoons shall comply with the following regulations, except impoundments used for Srrigation o r livestock watering purposes.
1. The facility must meet the yard requirements for the applicable district.
2. Before a permit shall be issued to the operator o r owner of a public o r commercial facility, a plan shall be approved by the Board as to size of facility, proposed use, parking arrangement and the use of buildings on site, surrounding properties and their usage, and any. other pertinent information such-as fences.
3 . All private swimming pools shall be fenced for the protection of small children. The fence shall be four (4') feet minimum in height. Pools which have a rim four (4') feet or higher above adjacent ground and non-climbable sides shall be construed to be fenced. A gate shall be provided in the fence, or at the steps or ladder of a pool not requiring fencing (or the steps or ladder shall be readily removable). The gate shall have a lock or catch sufficient to prevent opening by small children.
(Ord. 70-15, 12/15/1970, 5606; as revised by Ord. 1-1990, 5/7/1990)
5607. Signs. No sign, billboard or exterior graphic display shall be permitted except as herein provided.
1. In any districts all signs except those maintained pursuant to and in the discharge of any law, ordinance, governmental regulation or function shall comply with the following general requirements:
A. They shall not be illuminated in any manner which will cause
B. They shall not project into o r over public right-of-way. C. All signs must be constructed of durable materials, kept- in
repair and not be allowed to become dilapidated. Signs shall be removed when the circumstances leading to their erection no longer
2 . No sign shall be permitted in residential districts except as
One (1) bulletin board not exceeding forty ( 4 0 V 2 ) square feet in area will be permitted in connection with any church, school, or similar public structure.
3 . In commercial and industrial districts no sign shall be permitted
Free-standing signs, lighted and unlighted, not exceeding a
undue distraction, confusion or hazard to vehicular traffic,.
- -
apply
herein provided, and as provided in §5607(4) and 607(5):
A.
_ -
except as herein provided, and as provided in §607(4) and (5): A.
total of one hundred (looV2) square feet will be permitted in connec-
tions with any legal, commercial, o r industrial use. Signs attached to a business structure can be used at the business' own discretion.
B. Mobile Display Signs (for specials, etc.) not exceeding seventy-five (75") square feet in area (one (1) side) shall be permitted in commercial districts.
4. Temporary Signs.
A. No signs are permitted on utility poles or trees and said signs will be removed and cost of removal will be charged to party responsible. Signs may be erected only with written permission of property owner.
B. Agricultural Signs. Signs advertising agricultural products (home grown) shall be permitted in any area providing such signs are removed at the end of the growing season for each product. Agricul- tural signs shall not exceed thirty-two (3212) square feet.
C. Political Signs. A sign pertaining to the candidacy of any person for public office shall not be erected within the Township until such individual posts a cash bond with the Township. Such signs shall be erected no sooner than thirty (30) days prior to the date of the primary election, and thirty (30) days to the general election and must be removed ten (10) days following the election dates or bond will be forfeited. The Township shall refund the cash bond within thirty (30) days of receipt of notarized affidavit by the candidate attesting to the complete removal of signs within the Township. The amount of the cash bond shall be determined by resolution of the Township Supenrisors.
D. Real Estate Signs. Includes signs advertising the sale, rental, or development of property. The area of any such signs shall not exceed six (6") square feet and not more than two (2) such signs shall be erected for any recorded lot.
5 . Billboards. All billboards located along Federally designated highways of Interstate 90 , Route 20 and Route N6 must conform to the regulations and requirements of the Outdoor Advertising Control Act of 1971 and all other billboards on Township roads must meet the following conditions:
A. No billboard shall exceed sixteen hundred (16OOt2) square feet in area. Billboards and back to back billboards will be consid- ered as one (1) billboard but each may contain sixteen hundred (16OOt2) square feet.
B. of the width.
C. No billboard shall be located within four hundred (400') feet of the property line of any residence without the written consent of the owner or owners.
feet of a church, school, playground or cemetery without prior written- consent of the owner or administration of such facility.
The height of the billboard shall not exceed one-third (1/3) ~
D. No billboards shall be located within four hundred (400') .-
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i b I i
(27, §607 ( 5 ) , cont'd) (27, 8607 (5) , cont'd)
E. No billboard shall be erected within a distance of five hundred (500') feet of an existing billboard on the same side of the highway. A back to back billboard or "V" billboard shall be considered as one (1) billboard.
F. No billboard or appurtenance thereto shall simulate any official sign, device, or light erected and maintained by the Commonwealth of Pennsylvania or the Township of Springfield.
G. Before a billboard is erected, the property owner and the entity that is to erect said billboard shall jointly .make an application for a permit to erect said billboard. The application shall be made on a form provided by the Township. The property owner and the entity that is to erect said billboard shall as part of the application and permit understand and agree, which understanding and agreement shall be binding upon themselves, their heirs, executors, administrators and assigns, to remove the billboards upon sixty (60) days notice if the property covered by said application is rezoned or reclassified prohibiting such a billboard.
-H. A billboard pertaining to the sale or lease shall be considered temporary.
(Ord. 70-15, 12/15/1970, §607; as revised by Ord. 1-1990, 5/7/1990)
5 6 0 8 . Aariculture.
1. Facilities for specialized animal raising and care of large animals (horses, cattle, sheep, swine, goats, etc.) , including but not limited to such facilities as feed lots, runs, and pens shall not be constructed within five hundred (500') feet of neighboring residential buildings or three hundred (300') feet from property lines.
2. The raising of large animals for accordance with the following:
A. The minimum lot area is two
B. One (1) animal allowed per acres.
personal use is permitted in
2) acres in size.
acre on lots under ten (10)
C. The land area used by the animals is completely enclosed by fence located a minimum or five (5') feet from any lot line except if a line fence is mutually agreed upon by adjoining property owners.
D. Stable facilities must be separate from dwellings and located no closer than fifty (50') feet from property line.
E. Household pets are not included in this subsection, such as dogs, cats, hamsters, etc.
3 . Roadside stands for the sale of agricultural products shall be :
A. Erected at least thirty ( 3 0 ' ) feet back from the nearest edge of the roadway surface and shall comply with all side yard requirements with a maximum size of 300 square feet.
B. Provided with parking spaces off the road right-of-way.
(Ord. 70-15, 12/15/1970, §608; as revised by Ord. 1-1990, 5/7/1990; as I I
revised by Ord. 1-1991, 11/4/1991)
I I I
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( 2 7 , 8609) (27, 5609)
8609. Floodplains. All uses of lands in designated floodplain areas are controlled by the terms and provisions of the Springfield Township Floodplain Ordinance No. 82-2 [Chap-ter 81. (Ord. 70-15, 12/15/1970, 5609; as revised by Ord. 1-1990, 5/7/1990)
8610. Junkyards and Similar Storage Areas (Including Automobile Wrecking).
1. All junkyards shall be completely screened from roads or develop- ed areas with a solid fence or wall eight ( 8 ' ) feet or more in height, maintained in good condition, and painted (except for masonry construc- tion), or with suitable planting. All existing Junkyards shall comply with this requirement within one (1) year of the date of this Chapter, or shall terminate their operation.
2. No junkyards established after the effective date of this Chapter shall be located closer than two hundred (200') feet to existing State, Federal or Township roads.
3 . All junkyards shall comply with a l l State and Federal regula- tions, and written evidence of such compliance shall be furnished to the Zoning Officer upon three (3) days notice.
(Ord. 70-15, 12/15/1970, 5610; as revised by Ord. 1-1990, 5/7/1990)
8611. Sanitary Landfill Areas. Sanitary landfills shall be permitted only in the 1-2 Industrial District as a conditional use. Plans for sanitary landfills shall be approved and controlled by the Pennsylvania Department of Environmental Resources (PennDER), Bureau of Land Protect'ion and Reclamation, Division of Solid Waste Management and in conformance with the Solid Waste Management Act, Act 241,%as amended.
Operators of sanitary landfills shall file with the Springfield Township Supervisors written proof that they have met all permitting requirements of PennDER.
1. Local requirements which must be met prior to permit approval by the Township Supervisors include:
, A. A buffer zone of two hundred (200') feet from all public right-of-way and four hundred ( 4 0 0 ' ) feet from all dwellings, schools, churches, hospitals and similar residential uses shall be required where landfill operations shall be prohibited.
B. A barrier, either of natural forestry at a width of one hundred (100') feet or an eight (8') foot high cyclone type fence with panel weaving or similar solid fencing shall parallel all public rights-of-way and adjacent properties for purposes of preventing the passing of wind blown litter and preventing direct visibility of the working area from public rights-of-way and adjoining properties.
The barrier shall be a minimum distance of seventy five (75') feet from all operations, and the area between the work area and barrier shall consist of a natural cover of vegetation or forestry. This strip shall not be of barren soil. The barrier shall also be at a minimum of two hundred (200') feet from any adjacent properties or public right-of-way.
C.
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(27, §611(1), cont'd) (27, 1611(1), cont'd)
D. The project shall have no more than two (2) access routes unless the landfill property borders three (3) or more public rights- of-way. In such an event, approval by the Township Supervisors will be necessary to secure an additional access route.
E. A bond will be filed with the Township Supervisors, at an amount deemed necessary by the Board of Supervisors, to provide for final covering and reclamation as specified under the provisions set in accordance with the approval of the Pennsylvania Department of Environmental Resources sanitary landfill permit.
F. The operator shall submit to the Board of Supervisors for approval, a plan for the restoration of the landfill area, which shall include anticipated future use of the restored land; the Proposed final topography indicated by contour lines of no greater interval than five (5') feet, steps which will be taken to conserve the topsoil, and the location of future roads, drainage courses, and other improvements contemplated. When the operator has performed all requirements contained in the restoration plan, he will be issued a written certificate by the Zoning Officer that the restoration is complete and is in compliance with the plan, and the bond shall be returned to the operator.
(Ord. 70-15, 12/15/1970, 1611; as revised by Ord. 1-1990, 5/7/1990)
1612. Drive-in Theaters. Access shall be to minor roads, where possible, rather than highways, to reduce traffic congestion. Theater screens shall be placed so that they are not visible from the highways, or shall be screened with adequate fencing or planting. All parts of the theater shall be no closer than two hundred (200') feet to any residential district, and all lights shall be directed away from the residences. (Ord. 70-15, 12/15/1970, 1612; as revised by Ord. 1-1990, 5/7/1990)
1613. Home Occupations. A home occupation is, in addition to the definition found in Part 10, an accessory use of a dwelling unit or acces- sory building for lawful, gainful employment which is clearly incidental and secondary to the use of the premises as a residence so that a person would not be aware of the home occupation's existence under normal circumstances.
- - - -- 7 1. A home business or home office operated by the resident o f - a
dwelling as an accessory use will be permitted if it meets the following requirements: - . *
A. Is clearly secondary to the use of the dwelling for dwelling purposes and does not change the residential character of the dwelling in any visible manner.
. -.
- *
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1
(27, §613(1), cont'd) (27, §613(1), cont'd)
B. Does not create any objectionable noise (0 dB above ambient- that is average or normal--at the property line), noticeable vibra- tion, or objectionable odor at the property lines.
C. Does not create waste or unsightly conditions visible off the property.
D. Does not create interference with radio or TV reception in the vicinity.
E. Does not employ more than one (1) person who is not a resi- dent of the premises.
F. Has no display visible from the street, except signs allowed in this Chapter.
G. One (1) sign not exceeding four-square feet in area will be permitted which announces the name and professional activity of the occupant of which said sign is located.
H. Does not create a volume of traffic inconsistent with the level of traffic on the street on which it is located.
(Ord. 70-15, 12/15/1970, 1613; as revised by Ord. 1-1990, 5/7/1990)
C614. Mineral Excavation and Extraction. Excavation of sand, gravel or other material from the ground shall comply with the following minimum requirements and any other measures the Township Supervisors may specify to protect the public interest. A zoning certificate shall be required for each property.
1. All operations must be conducted no closer than one hundred (100') feet, or fifty (50') feet with a two (2) to one (1) slope, from an adjacent property unless under common lease or ownership and no closer than one hundred (100') feet, or fifty (50') feet with a two (2) to one (1) slope, to any road right-of-way line.
2. All operations must be conducted no closer than three hundred (300') feet from an existing dwelling, school, hospital or similar residential use other than buildings owned by the property owner.
3. The operators shall file with the Zoning Officer written proof that he has met all permit, registration and bonding requirements of the Pennsylvania Department of Environmental Resources, or such other State agency as may have jurisdiction.
4. The operator shall submit to the Board for approval, a plan for the restoration of the area to be mined, which shall include anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five (5') feet, steps which will ,
be taken to conserve the topsoil, and the location of future roads, drain- age courses, of other improvements contemplated.
a permitted use within all districts and shall comply with the following requirements:
5. All operations must be conducted in strict conformity with-the Oil and Gas Act of 1984, P.L. 1140, No. 223, and any amendments thereto and must submit proof of compliance with the Act to the said Township.
I
. . The extraction of gas, oil and other sub-surface drilled materials is--.
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I
(27, 5614, cont'd) (27, 5614, cont'd)
For both the excavation and the extraction of minerals: 6. Operators shall be required to post bond to the Township Super-
visors sufficient to cover the cost of restoring or repairing any Township property or road damage incurred in their operations. The Supervisors must give final approval of satisfactory restoration before the bond is re turned. (Ord. 70-15, 12/15/1970, 5614; as revised by Ord. 1-1990, 5/7/1990)
5615. Logging Operations and Underground Utility Installations. 1. For any logging operation utilizing Township roads, the operators
shall be required to obtain a permit and post bond to the Township Supervi- sors sufficient to cover the cost of restoring or repairing any Township road damage incurred in their operations.
2. A bond may be required by the Township Supervisors for the
The Supervisors or the Zoning Officer must give final approval of purpose of installing underground utilities.
satisfactory restoration before the bond is returned.
(Ord. 70-15, 12/15/1970, 5615; as revised by Ord. 5/7/1990)
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5616. Planned Residential Developments. The Township Supervisors may permit, as a conditional use, planned residential developments in the R-1 and R-2 zones, if the planned project meets the following minimum require- ments :
1. The area of land to be developed is not less than five (5) acres. 2. 3. Where dwelling units occur, the average density shall not be
greater than the density requirements in the district in which the planned area is located. The use of the land shall not differ substantially from the uses permitted in the district except that limited commercial facili- ties intended to serve only a special residential project area and fully integrated into the design of a residential project may be allowed.
4. The plan shall be consistent with the intent and purpose of this Chapter.
5 . For residential areas, a minimum of one (1) acre per twenty (20) ,dwelling units shall be improved for recreational use. At least one (1) recreation area shall be a minimum of one-half (1/2) acre with the size of remaining areas to be approved by the Planning Commission.
*D
Adjacent properties will not be adversely affected.
6.
7.
All parking requirements of this Chapter shall be met. Areas of development parcel which are zoned A-1, may be used as a
credit toward meeting the density requirements of this Chapter with appro-
(Ord. 70-15, 12/15/1970, 5616; as revised by Ord. 1-1990, 5/7/1990) -. Val of the Planning Commission and the Township Supervisors. - * . -
. .
5617. Township-Owned Structures. Nothing in this Chapter shall prevent Springfield Township, or its agencies, from locating buildings, structures, services or other community facilities in any zoning district,
- 233 -
(27, 5617, cont'd) (27, §617, cont'd)
when the installation of such facilities is deemed, by the Township Super- visors, to be in the best interest of the Township for the protection of public health or safety, or for the general welfare of the community. (Ord. 70-15, 12/15/1970, 5617, as revised by Ord. 1-1990, 5/7/1990)
5618. Outside Storage. No lot or premises shall be used as a garbage or storage dump, or as a storage area for rubbish or miscellaneous refuse, or for the storage of vehicle parts or abandoned vehicles, except in conformity with 1610 and 5611 of this Chapter. No such refuse may be stored in the open area within any district.where the same may be construed as a menace to public health or safety. (Ord. 70-15, 12/15/1970, §618; as revised by Ord. 1-1990, 5/7/1990)
1619. Sight Line (Visability at Intersection). No fence, wall, hedge, screen, sign or other structure or planting shall be higher than three (3 ' ) feet in any district within the triangle area (sight triangle)- formed by the intersection of the center line of each street. Sight triangle shall be formed by the connection of points on the intersecting road centerlines, such points being one hundred (100') feet for minor and one hundred twenty (120') feet for arterial roads from the intersection of the centerlines. Trees may be planted in this triangle area provided the lowest foliage is eight (8') feet or higher. In computing heights, the mean elevation of adjacent streets shall be the elevation from which heights are measured. (Ord. 70-15, 12/15/1970, 5619; as revised by - Ord. 1-1990, 5/7/1990)
5620. * Service Stations, Auto Repair and Public Garages. All facilities which are otherwise permitted by this Chapter, and which provide for the storage and sale of vehicle fuel and lubrication oil, and/or which provide for the repair of vehicles, shall be in conformance with the following:
A. No portion of such facility or its equipment shall be located- less than forty (40') feet from a residential district, as established-. by this Chapter, unless separated from such district by a street Y- o i f - alley.
B. No equipment for the service of gasoline or oil shall-be placed closer to any street line, sidewalk or public way, than twenty-five (25') feet.
C. No vehicle parts or equipment shall be stored outside a building.
D. No repair facilities shall be maintained on the front portion of the lot or in the front portion' of the first story of the building within twenty-five (25') feet of the street, or in any portion of the lot or building within one hundred (100') feet of the premises of any---
-. _' I
school, hospital, church or public library. . 3 .-
(Ord. 70-15, 12/15/1970,-5620; as revised by Ord. 1-1990, 5/7/1990) . _
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I I I I I I I I I :I I I I. I I I I I
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(27, S621) (27, 8621) I
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I I
b
5
5621. Fences and Walls.
1. In residential districts, a solid fence or wall shall not exceed seven (7') feet in height, and shall not extend closer to the street line than the front setback line. !
2. An ornamental fence may be erected in the areas between the building line and street line to a height not exceeding six (6') feet, providing that thirty (30%) percent or more.of the fence is open and not solid.
3 . No fence, wall or other structure of any type or height in any district shall be installed closer to the street line or edge of sidewalk than eighteen (18") inches, except fences for agricultural purposes.
(Ord. 70-15, 12/15/1970, 8621; as revised 'by Ord. 1-1990, 5/7/1990)
S;622. Garaae Sales. Garage sales, as defined in this Chapter, shall be permitted from any structure no more than three (3) times per year. The total number of calendar days per year that such sales can be conducted from one (1) residence, or other structure, shall be limited to twenty (20).
(Ord. 70-15, 12/15/1970, 8622; as revised by Ord. 1-1990, 5/7/1990)
s623. Mobile Homes. Mobile Homes may only be used for. their intended purpose as single family dwellings..Mobile Homes may not be used as accessory buildings. The original Mobile Home must have a minimum of living space conforming to the required building area for single family dwellings. Mobile Homes must have skirting. (Ord. 70-15, 12/15/1970 §623; as re.vised by Ord. 1-1990, 5/7/1990; as revised by Ord. 3-1994, 11/7/1994)
s624. Mobile Home Parks. Conditional requirements are identified in Part 5 of the Sprinqfield Township Subdivision Chapter. (Ord. 70-15,
s626. Taverns/Cockt%il Lounaes. A buffer of fifty (50') feet fkom any residential district shall be provided which shall include adequate screening. Adequate screening shall also be provided adjacent to any existing residential structure within the commercial district. Adequate
-235-
(27, 5626, cont'd) (27, 5626, cont'd)
screening shall include appropriate measures to prevent illumination from vehicles or other glare. (Ord. 70-15, 12/15/1970; as revised by Ord. 1-1990, 5 /7 /1990)
5627. Small Eusiness 1. All smail businesses shall be a spscial exception and meeL the
A . Lot size shall be a minimum of tuu (2) acres for commercial
B. The lot WidCIi shall be a minimum of three hundred (300 ' ) feet. C. Have no more than four ( 4 j eulployees. D. Utilize no on-street parking.
E. Have no more than fifty-five ( 5 5 2 ) percent building coverage. F. Meet all performance standards (1605).
following miiiimum requirements:
uses and five (5) acres for industrial uses.
G. If any resident within one thousand (1000') feet of the proposed business shall object with just cause at the time of the initial hearing, no permit will be issued.
(Ord. 70-15, 12/15/1970; as revised by Ord. 1-1990, 5 /7 /1990)
§628. Lake Erie Bluff Recession and Setbacks. In any designated bluff recession hazard area, no person shall construct, install or engage in substantial improvement to any structure or any utility facility, such as but not limited to water, sewage, electric, gas, oil or telephone facilities, in violation of the bluff setback requirements established by this Chapter. The Lake Erie bluff setback delineation shall be based upon the following requirements:
A. Residential Structure. The land adjacent to the Lake Erie + bluff iine extending inland for a distance of one hundred (100') feet,
measured horizontally. Residential structures are defined as a place I prsviding the .habitetion for an individual &or -group of individuals.
Structures in this category include but are not limited to single family homes, dupiexes and summer cottages as well as any secondary structure associated with the residential structure.
B. Commercial Structures. The land adjacent to the Lake Erie bluff iine extending inland for a distance of one hundred fifty (150 ' ) feet, measured horizontally. Commercial structures are defined as a place where commodities are exchanged, bought or sold. Structures in this category include but are not limited to grocery stores, hardware stores, clothing shops and pharmacies as well as any secondary struc- ture that is associated with the commercial structure. .
C. Light and Heavy Industrial Structures. The land adjacent to the Lake Erie bluff line extending inland for a distance of two - hundred (200 ' ) feet, measured horizontally. Light and heavy indus- trial structures. are defined as a place where materials are refined,
. .
I
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I I I I I I
I
I
J - 236 -
(27, §628(C), cont'd) (27, §628(C) , cont'd)
' I 1 i I I
;I
I I il I
II
produced or fabricated and stored prior to shipment to commercial establishments. Structures in this category include but are not limited to factories, power plants and warehouses as well as any secondary structure that is associated with the industrial structure. Hospitals, nursing homes, schools and other public service facilities -- because of the dangers inherent in bluff recession -- will, for purpose of setback requirements, be considered light and heavy indus- trial structures.
D. Substantial Improvement. (1) A repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either:
(a) before the improvement or repair is started, or (b) if the structure has been-damaged and is being
restored before the damage occurred, or (2) Repair, reconstruction or improvement of a structure
occurring over a five ( 5 ) year period, -the aggregate cost of which equals or exceeds fifty (50%) percent of the market value of the structure either:
(a) before the first improvement or repair is started, or
(b) if the structure has been damaged and is being restored before the damage occurred. (3) Substantial improvement is considered to occur when the
first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary or safety specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.
E. Variances. A request for a variance to the permit require- ments of this Section may be granted only in the following cases:
(1) When a parcel, established prior to a bluff recession hazard area designation, does not have adequate depth, consider- ing the minimum bluff setback requirements, to provide for any reasonable use of the land. The variance may be granted only when each of the following criteria are met:
(a) The structure and all associated structures and utility facilities shall be located on the property as far landward of the bluff line as allowed by other Township ordinances.
- 237 -
(27, §628(E), cont'd) (27, $628 (E), cont 'd) I I (b) The structure shall be designed and constructed to
be moveable in accordance with proper engineering standards and building moving restrictions applicable to the subject area prior to damage by bluff recession. Review and appro- val of the design shall be conducted by the Zoning Officer. All construction materials, including foundations, shall be removed or disposed of as part of the moving operation. Access to and from the structure site shall be of sufficient width and acceptable grade to allow for moving of the structure. (2) When the proposed structure or utility facilities
require access to the body of water and there is no feasible alternative for obtaining such access. A variance may be granted only for the discharge and withdrawal lines (infrastructure) that provide lake water for operating purposes and only when each of the following criteria are met:
(a) During the construction, the applicant or persons engaged in the actual placement of the infrastructure must utilize sound land use practices which will reduce disrup- tion of the bluff edge and bluff face. These sound land use practices include but are not limited to methods to mini- mize: stormwater runoff, increased soil erosion, changes to local drainage patterns and changes to protective vegetative cover.
(b) The infrastructure providing the utility facility or structure access to the lake will be designed and constr- ucted so that it is adequate protection of the bluff. The construction of the infrastructure will occur in a manner that minimizes potential adverse or long-term disruption of the bluff face and in conformance with the provisions of Title 25, Chapter 102, Erosion Control.
(Ord. 70-15, 12/15/1970; as revised by Ord. 1-1990, 5/7/1990)
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a I I
t I I I I I I 1 1 I I
(27, §701)
Part 7
Administration and Enforcement
(27, 8701)
I E
II
I ( ' .
5701.
1. For the administration of this Chapter, a Zoning Officer, who Appointment and Powers of Zoning Officer.
shall not hold any elective office in the Township of Springfield, shall be - appointed .
2. The Zoning Officer shall meet the qualifications established by . the Township of Springfield and shall be able to demonstrate to the
satisfaction of the Township of Springfield a working knowledge of municipal zoning.
3 . The Zoning Officer shall administer this Chapter in accordance with its literal terms, and shall not have the power to permit any con- struction or any use or change of use which does not conform to this Chapter.
forcement proceedings as a means of enforcement when acting within the scope of his employment.
* --* - 4. The Zoning Officer is hereby authorized to institute civil en- -
5 . Specific Duties.
A. Applications, Permits and Inspection. The Zoning Officer shall receive applications for permits and make all inspections in accordance with the provisions of this Chapter.
B. Inspection. The Zoning Officer may examine or cause to be examined all structures and/or land for which an application has been filed for Permits and may conduct such inspections from time to time during and at completion of the work for which a permit has been issued.
C. Nonconforming Use. The Zoning Officer shall identify and keep an up-to-date register of all non-conforming uses and non- conforming structures. a:
L a
(Ord. 1-1990, 5/7/1990)
5702. Permits
1. Requirements. Until the Zoning Officer has issued a Permit applicable thereto, no person shall:
A. Occupy or use any vacant land, or B. Occupy or use any structure hereafter constructed, recon-
C.
D. Change a nonconforming use.
structed, moved, altered or enlarged, or Change the use of a-structure or land to a different use, or
2.
3.
Expiration of a Permit. The permit, if not used, shall expire .- six
A permit shall be required for all new and reconstructed buildings and for' all building structural alterations which change yard dimensions or increase value-one thousand ($1,000) dollars or more; ' '
_.. (6) months from the date of its issuance. ~I -
- 239 -
8 (27, 5702, cont'd) (27, 5702, cont'd)
4. Applications and Fees. Each applicant for a permit shall, upon request of the Zoning Officer, present with the application a plat of the property showing clearly and completely the locations, dimensions and nature of any structure involved and such other information as the Zoning Officer may require ,for compliance with this Chapter, together with a filing fee in accordance with a schedule set by resolution of the Board of Township Supervisors.
5. Records. The Zoning Officer shall maintain a permanent file of all applications and permits as public records.
(Ord. 70-15, 12/15/1970; 5703; as revised by Ord. 1-1990, 5/7/1990)
5703. Substantial Completion. The outside of all new structures for which a building permit has been issued shall be substantially completed within a period of time from the date construction started. completed shall be construed to mean that the applicable outside parts, such as the foundation, roof and exterior walls, are finished, including' painting (except block, brick or prefinished material), and that all exterior doors and windows are installed. It shall also mean that the lot shall be cleared of debris and graded.
Substantially:-
Additions to gross floor area (res. & non-res.) ... 1 year Demolition or miscellaneous construction
Garages (new) ...................................... 1 year Non-residential construction (new) ................. 2 years Residential construction (new) ..................... 2 years
which does not increase f l o o r area ............ 6 months
(Ord. 70-15, 12/15/1970; 5704; as revised by Ord. 1-1990, 5/7/1990)
5704. Enforcement Notice.
1. 1.f it appears to the Township of Springfield that a violation of this Chapter has occurred, the Township of Springfield. shall initiate enforcement proceedings by sending an enforcement notice as provided-,in!+: this Section.
2. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
3. An enforcement notice shall state at least the following: A. The name of the owner of record and any other person against
whom the Township of Springfield intends to take action. B. The location of the property in violation.
C. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable- provisions of this Chapter.
counnenced and the date before which the steps must be completed. D. The date before- -which the steps for compliance must be ,
2
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8 I 1 T I 1 1 E t (i I I 1 I
8 ' I
(27, t704(3) , cont 'd ) (27, 5704(3), cont 'd)
E. That t h e r e c i p i e n t of t h e n o t i c e has t h e r i g h t t o appea l t o t h e Zoning Hearing Board wi th in a per iod of t e n (10) days.
F. That f a i l u r e t o comply wi th t h e n o t i c e w i t h i n t h e time s p e c i f i e d , un le s s extended by appeal t o , t h e Zoning Hearing Board, c o n s t i t u t e s a v i o l a t i o n , w i th poss ib l e sanc t ions c l e a r l y descr ibed .
(Ord.. 1-1990, 5/7/1590)
5705. Causes of Action. I n case any bu i ld ing , s t r u c t u r e , landscaping o r land is, or is proposed t o be, e r e c t e d , cons t ruc ted , r econs t ruc t ed , a l t e r e d , converted, maintained o r used i n v i o l a t i o n of this Chapter, t h e Board of Superv isors o r , w i th t h e approval of t h e Board of Superv isors , an o f f i c e r of t h e Township of Spr ing f i e ld , or any aggrieved owner o r tenant of r e a l p roper ty who shows t h a t h i s proper ty o r person w i l l be s u b s t a n t i a l l y a f f e c t e d by t h e a l l e g e d v i o l a t i o n , i n a d d i t i o n t o o t h e r remedies, may i n s t i t u t e any appropr i a t e a c t i o n or proceeding t o prevent , r e s t r a i n , c o r r e c t o r a b a t e such bui ld ing , s t r u c t u r e , landscaping ' o r land, or t o prevent, i n o r about such premises, any act , conduct, bus iness o r use c o n s t i t u t i n g a v i o l a t i o n . When any such a c t i o n is i n s t i t u t e d by a land- owner or t enan t , n o t i c e of t h a t a c t i o n s h a l l be served upon t h e Township of Spr ing f i e ld a t least t h i r t y (30) days p r i o r t o t h e t i m e t h e a c t i o n i s begun by se rv ing a copy of t h e complaint on t h e Board of Supervisors. No such a c t i o n may be maintained u n t i l such n o t i c e has been.given. (Ord. 1-1990, 5 / 7/ 1990)
§706. Enforcement Remedies.
1. Any person, pa r tne r sh ip or corpora t ion who o r which has v i o l a t e d or permi t ted t h e v i o l a t i o n of t h e provis ions of t h i s Chapter s h a l l , upon being found l i a b l e t h e r e f o r i n a c i v i l enforcement proceeding commenced by t h e Township of Sp r ing f i e ld , pay a judgment of no t more than f i v e hundred ($500.00) d o l l a r s p l u s a l l cour t c o s t s , i nc lud ing reasonable a t t o r n e y f e e s incur red by t h e Township of Spr ing f i e ld as a r e s u l t t he reo f . No judgment s h a l l commence o r be imposed, l ev i ed o r payable u n t i l - the d a t e of t h e determination of a v i o l a t i o n by t h e d i s t r i c t j u s t i c e . I f t h e defendant n e i t h e r pays no r t imely appeals t h e judgment, t h e Township of Spr ing f i e ld may enforce t h e judgment pursuant t o t h e a p p l i c a b l e r u l e s of c i v i l proce- dure. Each day t h a t a v i o l a t i o n continues s h a l l c o n s t i t u t e a s e p a r a t e v i o l a t i o n , un le s s t h e d i s t r i c t j u s t i c e determining t h a t t h e r e has been a v i o l a t i o n f u r t h e r decermines t h a t t h e r e w a s a good f a i t h b a s i s f o r t h e person, p a r t n e r s h i p or corpora t ion v i o l a t i n g t h i s Chapter t o have be l ieved t h a t t h e r e w a s no such v i o l a t i o n , i n which event t h e r e s h a l l be deemed t o have been only one (1) such v i o l a t i o n u n t i l t h e f i f t h (5 th) day following t h e d a t e of t h e de te rmina t ion of a v i o l a t i o n by t h e d i s t r i c t j u s t i c e and t h e r e a f t e r each day t h a t a v i o l a t i o n cont inues s h a l l c o n s t i t u t e a s e p a r a t e v i o l a t i o n .
2. The cour t of common p leas , upon p e t i t i o n , may g ran t an order of s t a y , upon cause shown, t o l l i n g t h e per diem f i n e pending a f i n a l adjudica- t i o n of t h e v i o l a t i o n and judgment.
Nothing contained i n t h i s Sec t ion s h a l l be construed or i n t e r p r e t - ed t o g r a n t t o any person o r e n t i t y o the r than t h e Township of Spr ing f i e ld the r i g h t t o commence any a c t i o n f o r enforcement pursuant t o t h i s Section.
3 .
- 241 -
( 2 7 , 5706, cont'd) (27, 9706, cont'd)
4 . District just ices shal l have i n i t i a l jurisdiction over proceedings brought under t h i s Section.
(Ord. 1-1990, 5/7/1990)
. -
a
.~
. . . . . ... . I . - . . . . . .
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(27, 5801)
Part 8
Zoning Hearing Board and Appeals
(27, 5801)
5801. Zoning Hearing Board. 1. There is hereby created for the Township of Springfield a Zoning
Hearing Board in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. 510901 - et 3.
2. The membership of the Board shall consist of five (5) residents of the Township of Springfield appointed by resolution by the Board of Supervisors. The terms of office shall be five (5) years and shall be so fixed that the term of office of one (1) member shall expire each year. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion. Members of the Board shall hold no other office in the Township of Springfield.
3 . Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors which appointed the member, taken after the member has received fifteen (15) days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
4. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as pro- vided in this Chapter.
5 . The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township of Springfield and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township of Springfield and shall submit a report of its activities to the Board of Supervisors as requested by the Board of Supervisors.
6. Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
(Ord. 1-1990, 5/7/1990) L -
5802. Hearings.
1.
The Zoning Hearing Board shall conduct hearings and - * -
make decisions in accordance with the following requirements: Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer and to any person who has -made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board. In addition to
- 243 -
(27, §802(1) , cont'd) (27, §802(1) , cont'd)
the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one (1 ) week prior to the hearing.
2. The hearing shall be held within sixty (60) days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
3. The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board, however, the appellant or the applicant, as the case may be, in addition to the Township of Springfield, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final,
4. The parties to the hearing shall be the Township of Springfield, any person affected by the. application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
5 . The chairman or acting chairman of the Board or the hearing officer presiding,shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
6. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
7. Formal rules of evidence shall not apply, but irrelevant, immater- ial, or unduly repetitious evidence may be excluded.
8 . The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a steno- grapher shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
9, The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any ~
issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff-, memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement-, of hearings with any party or his representative unless all parties are given an opportunity to be present.
_ . . . I f l - 244 -
(27, 5802, cont’d) (27, 5802, cont’d)
10. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five (45) days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclu- sions based on any provisions of this Chapter or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within forty-five (45) days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board’s decision shall be entered no later than thirty (30) days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within sixty ( 6 0 ) days from the date of the applicant’s request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within ten (10) days from the last day it could have met to render a decision in the same manner as provided in subsection (1) of this Section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall pre- judice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
A copy of the final decision or, where no decision is called for , of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
12. The Board of Supervisors shall establish, by resolution, fees with respect t o hearings before the Zoning Hearing Board. (Ord. 1-1990, 5/7/1990)
11.
5803. Variances.
1. The Zoning Hearing Board shall hear requests for variances %.ere ’
it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant. application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of -the -following- findings’” ~ .. .‘ are made where relevant in a given case:
The Board may by rule prescribe the form o f - -
: - -
A. That there are unique physical circumstances or conditions, .including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions
peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or Conditions- generally created by the provisions of this Chapter in the neighbor- hood or district in which the property is located.
B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Chapter and that the authoriza- tion of a variance is therefore necessary to enable the reasonable use of the property.
C. That such unnecessary hardship has not been created by the applicant.
D. That the variance, if authorized, will not alter the essen- tial character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
E. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modifi- cation possible of the regulation in issue. 2. In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the pur- poses of this Chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. 510101 et seq.
(Ord. 1-1990, 5/7/1990)
5804. Special Exceptions. Where the Board of Supervisors, in this Chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the. Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter and the-Pennsylvania Municipalities Planning Code, 53 P.S. 510101 et seq. (Ord. 1-1990, 5/7/1990)
5805. Conditional Uses. Where the Board of Supervisors, in this Chapter, has stated conditional uses to be granted or denied by the Board of Supervisors pursuant to express standards and criteria, the Board of Supervisors shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, . as it may deem necessary to implement the purposes of this Chapter'and the--' Pennsylvania Municipalities Planning Code, 53 P.S. 510101 - et 3. (Ord. - - '. 1-1990, 5/7/ 1990)
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I I I
1 (' 1.
(27, 5806) (27, 806)
5806. Jurisdiction. 1. The Zoning Hearing Board shall have exclusive jurisdiction to hear
A. Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to 55609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. 5510609.1, 10916.1.
B. Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within thirty (30) days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Township of Springfield and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
C. Appeals from the determination of the Zoning Officer, includ- ing, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration o r refusal to register any nonconforming use, structure or lot.
Appeals from a determination by the Township engineer or the Zoning Officer with reference t o the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
Applications for variances from the tenus of this Chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to 5910.2 of the MPC, 53 P.S. 510910.2.
F. Applications for special exceptions under this Chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to 5912.1 of the MPC, 53 P.S. 510912.1.
and render final adjudications in the following matters:
D.
E.
G . Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights. or performance density provisions of this Chapter.
H. Appeals from the Zoning Officer's determination under 5916.2 of the MPC, 53 P.S. 110916.2.
I. Appeals from the determination of the Zoning Officer or Township engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving applications under Article V or VI1 of the MPC, 53 P.S; 1510501 - et =., 10701 et seq. 2. The Board of Supervisors, shall have exclusive jurisdiction to
hear and- render final adjudications in the following matters:
. .
.. . . . , . . . . . . . . . .
. .
I' - 247 -
(27, §806(2), cont'd) (27, §806(2), cont'd)
A. All applications for approvals of planned residential developments under Article VI1 of the MPC pursuant to the provisions of 5702 of the MPC, 53 P.S. 510702.
B. All applications pursuant to for approval of subdivisions or land the MFT, 53 P.S. 510501 et seq.
C. Applications for conditional of this Chapter.
-. D. Applications for curative u-
5508 of the MPC, 53 P.S. §10508, developments under Article V of
use under the express provisions
amendment to this Chapter or pursuant to 55 609.1 and 916.l(a) of the MPC, 53 P.S. 5510609.1, 10916.l(a).
E. All petitions for amendments to land use ordinances, pursuant to the procedures set forth in 1609 of the MPC, 53 P.S. 510609.
F. Appeals from the determination of the Zoning Officer or the Township engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to applications for land development under Articles V and VI1 of the MPC, 53 P.S. 1810501 et seq., 10701 et seq. Where such determination relates only to development not involving an Article V or VI1 application, the appeal from such determination of the Zoning Officer or the Township engineer shall be to the Zoning Hearing Board pursuant to this See- tion. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission and all appeals from the decision of the Planning Commission shall be to court.
(Ord. 1-1990, 5/7/1990)
5807. Parties Appellant Before the Board. Appeals raising the substantive validity of any land use ordinance (except those to be brought before the Board of Supervisors pursuant to the Pennsylvania Municipalities Code), procedural questions or alleged defects in the process of enactment or adoption of a land use ordinance; or from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot; from a determination by the Township engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance; from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this Chapter; from the determination of the Zonhg Officer or Township engineer in the administration of any land use ordin- ance or provision thereof with reference t o sedimentation and . erosion control and storm water management insofar as the same relate to develop- ment not involving subdivision and land development or planned residential development may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Township of Springfield, or any person aggrieved. Requests for a variance and for special exception
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I
I I
I
(27, §807, cont'd) (27, 5807, cont'd)
may be filed with the Board by any landowner or any tenant with the permission of such landowner. (Ord. 1-1990, 5/7/1990)
5808. Time Limitations. 1. No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than thirty (30) days after an application for develop- ment, preliminary or final, has been approved by the Township of Spring- field if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision by the Zoning Officer on a challenge to the validity of this Chapter or an amendment hereto or map or an amendment thereto shall preclude an appeal from a final approval except in the case where the final submission substantially deviates approved tentative approval.
2. All appeals from determinations adverse to the landowner filed by the landowner within thirty (30) days after notice of the nation is issued. (Ord. 1-1990, 5/7/1990)
5809. Stay of Proceedings.
from the
shall be determi-
1. Upon filing of any appeal proceeding before 'the Zoning Hearing Board and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause Imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approv- al are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceed- ings before the Board.
After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.
2.
- 249 -
(27, 9809, cont'd) (27, 5809, cont'd)
3. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.
If an appeal. is taken by a respondent to the petition for a bond from-an order of the court dismissing a zoning appeal for refusal to post a bond and'the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.
4.
(Ord. 1-1990, 5/7/1990)
. . . . . . , _ . - .
. .
- 250 -
I
(27, 901)
Part 9 Amendment and Adoption
§901. Enactment of Zoning Ordinance Amendments.
(27, 901)
1. The Board of Supervisors may from time to time amend, supplement, or repeal any of the regulations and provisions of this Chapter. The procedure for the preparation of a proposed zoning ordinance as set forth in 1607 of the Pennsylvania Municipalities Planning Code, 53 P.S. 110607, is hereby declared optional.
2. Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the Township -of Springfield at points deemed sufficient by the Township of Springfield along the perimeter of the tract to notify potentially interested citizens." The affected tract or area shall be posted at least one (1) week prior to the date of the hearing.
3. In the case of an amendment other than that prepared by the Planning Commission the Board of Supervisors shall submit each such amendment to the Planning Commission at least thirty (30) days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
4. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land pre- viously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
5. At least thirty (30) days prior to the public hearing on the amendment by the Board of Supervisors, the Township of Springfield shall submit the proposed amendment to the county planning agency for recommendations.
6. Within thirty (30) days after enactment, a copy of the amendment to this Chapter shall be forwarded to the county planning agency. (Ord. 1-1990, 5/7/1990)
§902. Procedure for Landowner Curative Amendments. 1. A landowner who desires to challenge on substantive grounds the
validity of this Chapter or the Zonirig Map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be hear'a and decided as provided in §916.1 of the Pennsylvania Municipalities Planning Code (hereinafter "EIPC"), 53 P.S. 110916.1. The curative amendment --and challenge shall be referred to the Planning Commission and the county plan- ning agency as provided in 1609 and notice of the hearing thereon shall be given as provided in §§610 and 916.1 of the MPC, 53 P.S. §§10609, 10610, and 10916.1.
1 I - 251 -
(27, 5902, cont'd) (27, 5902, cont'd)
2. The hearing shall be conducted in accordance with 5908 of the M P C , 53 P.S. 510908, and all references therein to the Zoning Hearing Board shall, for purposes of this Section be references to the Board of Super- visors. If the Township of Springfield does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire Chapter and Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
3. The Board of Supervisors, if it determines that a validity chal- lenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider: - r
. _ - A. The impact of the proposal upon roads, sewer facilities, .
water supplies, schools and other public service facilities; B. If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this Chapter or Zoning Map.
C. The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aqui- fers, natural resources and other natural features;
D. The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, flood plains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmen- tal impacts; and
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
E.
(Ord. 1-1990, 5/7/1990)
5903. Procedure for Township Curative Amendments. 1. If the Township of Springfield determines that this Chapter, or
any portion hereof, is substantially invalid, it shall take the following act ions :
A. The Township of Springfield shall declare 'by formal action, this Chapter or portions hereof substantially invalid and propose-to' prepare a curative amendment to overcome such invalidity. Withikt -' thirty (30) days such declaration and proposal the Board -o f - - ; Supervisors shall: . - .- - .
(1) By resolution make specific findings setting forth the declared invalidity of this Chapter which may include: ,.
-1.
- 252 -
(27, 5903(1) , cont'd) (27, 5903(1) , cont'd)
(a) References to specific uses which are either not permitted or not permitted in sufficient quantity;
(b) Reference to a class of use or uses which requires revision; or ,
(c) Reference to this entire Chapter which requires revisions. (2) Begin to prepare and consider a curative amendment to
2. Within one hundred eighty (180) days from the date of the declara- tion and proposal, the Township of Springfield shall enact a curative amendment to validate , or reaffirm the validity of , this Chapter pursuant to the provisions of 5609 of the Pennsylvania Municipalities Planning Code (hereinafter " M P C " ) , 53 P.S. 510609, in order to cure the declared invalidity of this Chapter.
Upon the initiation of the procedures as set forth'in subsection (l), the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under 5609.1 of the MPC, 53 P.S. 510609.1, nor shall the Zoning Hearing Board be required to give a report requested under 15909.1 or 916.1 of the MPC, 53 P.S. 5510909.1, 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by subsection ( l ) ( A ) . Upon completion of the procedures set forth in subsections (1) and (2), no rights to a cure pursuant to the provisions of 55609.1 and 916.1 of the MPC, 53 P.S. 5510609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this Chapter for which there has been a curative amendment pursuant to this Section.
4. The Township of Springfield, having utilized the procedures set forth in this Section, may not again utilize said procedure for a period of thirty-six (36) months following the date of enactment of a curative amendment, or reaffirmation of the validity of this Chapter; Provided, however, if after the date of declaration and proposal there is a substantially new duty imposed upon the Township of Springfield by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township of Springfield may utilize the provisions of this Section to propose a curative amendment to this Chapter to fulfill said duty or obligation.
(Ord. 1-1990, 5/7/1990)
this Chapter to correct the declared invalidity.
3.
- 253 -
(27, 61001)
Part 10 Definitions
(27, §1001)
Except where specifically defined herein, all words used in this Chapter shall carry their customary meanings. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "shall" is mandatory and not permissive. The word "uses" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied".
ACCESSORY USE A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
AGRICULTURE - Any agricultural use, including farming, dairying, pasturage, agriculture, horticulture, floriculture, vitioculture, animal and poultry husbandry, and forestry. ,. ..
ALLEY - A narrow service way providing a secondary public or private means of access to abutting properties.
APPLICATION FOR DEVELOPMENT - every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan. [Ord. 1-19901
AREA - Area of a lot or site shall be calculated from dimensions derived by horizontal projections of the site.
BASEMENT - A story having more than fifty (SO) percent of its clear height above the average level of the surrounding ground but with a floor elevation below grade. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for dwelling purposes.
BILLBO-kUl - A sign other than one indicating aIbusiness conducted on the premises; a sign upon which advertising matter of any character is printed, posted or lettered; and it may be either freestanding or attached to a surface of a building or other structure.
BLUFF - A high bank or bold headland with a broad precipitous cliff face overlooking a lake.
BLUFF LINE - The edge or crest of the elevated segment of the shoreline above the beach or beach terrace which is subjected to erosion caused by wave attack.
I
BLUFF RECESSION - The loss of material along the bluff face caused by the direct or indirect action by one (1) or a combination of groundwater* seepage, water currents, wind generated water waves, or high water levels;"
BLUFF RECESSION HAZARD AREA - An area. or zone where the rate of progressive bluff recession creates a substantial threat to the safety or stability of nearby existing or future structures or utility facilities.
- 255 -
(27, 51001, cont'd) (27, 01001, cont'd)
BOARD - any body granted jurisdiction under a land use ordinance or under this Chapter to render final adjudications. [Ord. 1-19901
BOARDING, ROOMING, TOURIST OR LODGING HOUSE - . A building where lodging is provided, for compensation, for three or more persons.
BUILDING - A roofed structure enclosed by walls, columns, or piers for the shelter, housing or enclosure of persons, goods, material OK animals.
The vertical distance from the average elevation at grade level, to the highest point of the deck of a flat roof or mansard roof, or to the mean height between the eaves and the ridge for gable, hip and gambrel roofs.
BUILDING PERMIT - The written authorization issued by the municipality to permit the construction of a building or structure in accordance with this Chapter and/or other ordinances and regulations.
BUILDING OR SETBACK LINE - Imaginary line parallel to or concentric with the nearest right-of-way line and which is located at the setback distance from the street right-of-way line, said line being a boundary or limit beyond which no permanent part of building shall project.
BUSINESS SERVICE - b y business activity which renders service to other commercial or industrial enterprises.
CAMP - 1
BUILDING HEIGHT -
A r - ~ ? z ~ - A - , -L--brmaL' CARTWAY - That portion of a road or alley which is paved, graded, or
improved for travel by vehicles. CELLAR - A story having more than fifty (50%) percent of its clear
height below the average level of the surrounding ground. A cellar shall be counted as.a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5') feet or if used for dwelling purposes.
CLINIC - Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight.
CLUB - An establishment operated for social, recreational, or educational purposes but open only to members of invited guests and not the general public.
COMMISSION (or PLANNING COMMISSION) - The Planning Commission of Springfield Township, Erie County, Pennsylvania.
COMMON OPEN SPACE - a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed . and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. [Ord. 1-19901
CONDITIONAL USE - a use permitted in a particular zoning district by the Board of Supervisors pursuant to the provisions of this Chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. 510601 - et seq. [Ord. 1-19901
c
- r r - - .Jzz - -
- 256 - '1
(27, 51001, cont'd) (27, $1001, cont'd)
COMMERCIAL - Engaging in a business, enterprise, activity or other undertaking for profit, except an activity including only the manufacture and sale of goods.
COVERAGE,- That percentage of the lot area covered by principal and accessory use structures.
DECISION - final adjudication of any board or other body granted jurisdiction under any land use ordinance or this Chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the Township of Springfield lies. [Ord. 1-19901
DENSITY - The area of a lot or group of lots computed exclusive of any the right-of-way of any road divided by the number of families housed on the lot or group of lots.
DETERMINATION - final action by an officer, body or agency charged with the administration of any land use ordinance or applications there- under, except the following:
1. The Board of Supervisor%;
2. The Zoning Hearing Board; or
3. The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appeal- able only to the boards designated as having jurisdiction for such appeal.
[ Ord. 1- 19901 DEVELOPER - any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision of land or a land development. [Ord. 1-19901
DEVELOPMENT PLAN - the provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this Chapter shall mean the written and graphic materi- als referred to in this definition. [Ord. 1-19901
DRIVE-IN FACILITIES - A commercial business that provides service to the occupants of a vehicle from a window, booth, or other structure designed to provide such service without the occupants leaving the vehicle. This shall include, but not be limited to, such establishments as drive-in-banks, restaurants, laundries, and service stations. Also included in this category are automobile washing facilities that are designed to allow the vehicle to be driven or propelled through a wash bay.
DWELLING - Any building designed or used as a permanent or temporary living quarters for 'one'or more families. Only one (1) dwelling shall be permitted on each lot of record except in Mobile Rome Parks. -~ 1 I 2'- - _
- 257 -
I (27, 51001, cont'd) (27, 51001, cont'd)
DWELLING, SINGLE FAMILY - A detached building arranged or used for occupancy by one family.
DWELLING, MUlTIPLE - A building arranged or used as a residence for two or more families independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.
DWELLING UNIT - One or more rooms for living purposes together with separate cooking and sanitary facilities used or intended to be used by one or more persons living together and maintaining a common household and accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.
ESSENTIAL SERVICES - The erection, construction, alteration, right-of-way acquisition and/or clearing, or maintenance by railroads, public utilities or municipal or other governmental agencies of underground . or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm" boxes, police call boxes, traffic sigqals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary f o r the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
FAMILY - ' 1) One (1) or more persons related by blood, marriage or adoption plus domestic servants, occupying a dwelling unit, including not more than four ( 4 ) boarders, roomers, or lodgers; 2) Less than six (6) unrelated persons occupying a dwelling unit, living together and maintain- ing a common household.
FINISHED GRADE - The average grade on all sides of a structure immediately adjacent to the structure.
FIOOR AREA - The enclosed area of a building designed and intended for all season use.
GARAGE SALES - A private non-continuous sale of surplus used household goods which is held on the premises in a district not zoned for commercial sales.
GOLF COURSE - Land for playing the sport of golf, consisting of a minimum of nine holes, but excluding miniature golf, par-three golf, pitch and putt, driving ranges and similar golf-associated activities, except as accessory uses on a golf course.
HEIGHT - See "building height.'' HOME OCCUPATION - Any use customarily carried on entirely within a .
dwelling by occupants thereof, which use is clearly incidental and subordinate to the use of the dwelling for dwelling purposes and which does.
. ,.
. . .-- not change the residential character thereof. See also 1613. -2.-
JUNKYARD - Land or structure used for the collecting, storage, processing and sale of scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, waste paper, glass, rags, containers and other discarded materials. It shall not include, however, refuse or
- 258 -
I :I I I I I I I I (I I 1 I I I
(27, OlOOl, cont’d) (27, §lOOl, cont’d)
garbage kept in a proper container for the purpose of prompt disposal. The dismantling of two (2) or more used vehicles or trailers or the storage, sale, or dumping of two (2) or more partially dismantled or obsolete or wrecked vehicles or trailers shall be conside-red a Junkyard.
LIGHT MANUFACTURING - The processing or fabrication of certain materials and products which does not. produce objectionable noise, vibra- tion, air pollution, fire hazard or other disturbances or dangers to neigh- boring properties.
LOADING SPACE - A portion of a lot usable for the loading or unloading of motor vehicles.
LOT - a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. [Ord. 1-19901
LOT, CORNER - A lot at the junction of and fronting on two or more intersecting street rights-of-way.
LOT, DEPTH OF - A mean horizontal distance between the front-and rear lot lines.
LOT, MINIMUM AREA OF - The area of a lot computed exclusive of, any portion of the right-of-way of any public or private thoroughfare, street, road, alley or easement of access or use; but including any easement for essential services.
LOT, MINIMUM WIDTH OF - The minimum width measured at right angles to
LOT, WIDTH OF - The width, measured along the’setback line. LOT OF RECORD - Any lot which individually or as a part of a subdivi-
sion, has been recorded in the office of Recorder of Deeds of the County. MAIN BUILDING - A building in which is conducted the principal use of
the lot on which it is situated. MARKET VALUE - The value of a structure determined by certified
appraisal or by determining the assessed value of a structure and applying the assessment ratio of Erie County in which the structure is located.
MINIMUM BLUFF SETBACK DISTANCE - The shortest horizontal distance from a point of the bluff line to a point on a structure.
MOBILE DISPLAY SIGNS - Signs which are intended for use as temporary commercial signs, having wheels or bracing which permits it to be moved from one location to another and which are larger than sixteen (16”) square feet and have lettering of over two inches in height and are illu- minated internally or with lights mounted on the on unit.
MOBILEHOME - a transportable, single family dwelling intended for permanent occupancy, contained in one (1) unit or in two (2) or more units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete -and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. [Ord. 1-19901
its depth.
. .-
I 1 - 259 -
1 (27, 51001, cont'd) (27, §1001, cont'd)
MOBILEHOME LOT - a parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobilehome. [Ord. 1-19901
MOBILEHOME PARK - a parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobilehome lots for the placement thereon of mobilehomes. [Ord. 1-19901
MOTORIZED HOME - A portable dwelling designed and constructed as an integral part of a self-propelled motor vehicle, including non-collapsible portable dwellings which are mounted on a truck bed.
MUNICIPAL AUTHORITY - a body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945.'' [Ord. 1-19901
NONCONFORMING LOT - a lot the area or dimension of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment. [Ord. 1-19901
NONCONFORMING STRUCTURE - a structure or part of a structure manifest- ly not designed to comply with the use or extent of use provisions of this Chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this Chapter or amendment or prior to the application of this Chapter or amendment t o its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. [Ord. 1-19901
NONCONFORMING USE - a use, whether of land or of structure, which does not comply with the applicable use provisions in this Chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Chapter or amendment, or prior to the application of this Chapter or amendment to its location by reason of annexation. [Ord. 1-19901
NUCLEAR ENERGY - A process whereby energy is created through changes in atomic nuclii including both nuclear fission and nuclear fusion processes.
OFF-STREET PARKING SPACE - A private parking space, whether or not enclosed, located off the right-of-way of any public or private road.
OPEN SPACE - Any area of land which is predominantly free of structures.
OUTSIDE RECREATIONAL USES - Uses for recreation purposes which are predominantly outside activities, such as golf courses, soft ball, tennis, football, outside swimming, hiking, but excluding such commercial activities as miniature golf, driving ranges, etc.
The Pennsylvania Municipalities Planning Code, Act 247 of July 31, 1968, and amendments to same as have been, or may be, adopted from time to time.
PERMIT - The written authorization issued by the Zoning Officer for the use of land, buildings, or structures.
PENNSYLVANIA PLANNING CODE -
- 260 -
I
I I I I I I I ? I I I
b (27, §1001, c o n t ' d ) (27, § l O O l , c o n t ' d )
PERMITTED USE - . The main o r primary purpose, f o r which a b u i l d i n g , o t h e r s t r u c t u r e , and /o r l and may be used, occupied o r main ta ined under t h e p r o v i s i o n s of t h i s Chapter . The use of any o t h e r p r o v i s i o n s p r e s c r i b e d f o r t h e zoning d i s t r i c t i n which a b u i l d i n g , s t r u c t u r e , o r p r o p e r t y i s l o c a t e d .
PERSONAL SERVICES: Any e n t e r p r i s e conducted f o r persons which p r i m a r i l y o f f e r s services t o t h e gene ra l p u b l i c such as: shoe r e p a i r s , v a l e t s e r v i c e , watch r e p a i r i n g , barber shops, beauty p a r l o r s , and r e l a t e d ac t iv i t i e s .
PLANNING COMMISSION - The Planning Commission of S p r i n g f i e l d Township, Er ie County, Pennsylvania .
PLANNED RESIDENTIAL DEVELOPMENT - an a r e a of l a n d , c o n t r o l l e d by a landowner, t o be developed as a s i n g l e e n t i t y f o r a number o f ' dwe l l ing u n i t s , o r combinat ion of r e s i d e n t i a l and n o n r e s i d e n t i a l u s e s , t h e develop- ment p l a n f o r which does n o t correspond i n l o t s i z e , bu lk , t ype of dwell- i n g , o r u se , d e n s i t y or i n t e n s i t y , l o t coverage and r e q u i r e d open space t o t h e r e g u l a t i o n s e s t a b l i s h e d i n any one d i s t r i c t c r e a t e d , from t i m e t o t i m e , under t h e p r o v i s i o n s of t h i s Chapter. [Ord. 1-19901
PRIVATE GARAGE - An accessory b u i l d i n g f o r t h e s t o r a g e of motor v e h i c l e s owned and used by t h e owner o r t enan t of t h e l o t f o r a purpose accesso ry t o t h e u s e of t h e l o t , and f o r n o t more than one a d d i t i o n a l motor v e h i c l e owned and used by o t h e r s .
PROFESSIONAL OFFICES - The use of o f f i c e s and r e l a t e d spaces f o r p r o f e s s i o n a l s e r v i c e s as are provided by d o c t o r s , d e n t i s t s , t e a c h e r s , lawyers , a r c h i t e c t s , e n g i n e e r s , and c e r t i f i e d accountants .
PUBLIC GARAGE - A b u i l d i n g , no t a p r i v a t e garage , used f o r s t o r a g e o r repair of motor v e h i c l e s .
PUBLIC GROUNDS - i nc ludes :
areas and o t h e r p u b l i c areas;
o t h e r p u b l i c l y owned o r opera ted f a c i l i t i e s ; and
A. Pa rks , playgrounds, t ra i l s , p a t h s and o t h e r r e c r e a t i o n a l
B. S i t e s f o r s c h o o l s , sewage t r ea tmen t , r e f u s e d i s p o s a l and
C. p u b l i c l y owned o r opera ted s c e n i c and h i s t o r i c s i t e s .
[ Ord. 1- 1990 I PUBLIC HEARING - a formal meeting he ld pursuant t o p u b l i c n o t i c e by
the Board of Supe rv i so r s o r Planning Commission, i n t ended t o inform and o b t a i n p u b l i c comment, p r i o r t o t ak ing a c t i o n i n accordance w i t h t h i s Chapter . [Ord. 1- 19901
PUBLIC MEETING - a forum h e l d pursuant t o n o t i c e under t h e A c t of J u l y 3, 1986 (P.L. 388, No. 8 4 ) , known as the "Sunshine A c t , " 53 P.S. 5 9 2 7 1 - e t seq. [Ord. 1-19901
PUBLIC NOTICE - n o t i c e publ i shed once each week f o r twb (2) success ive weeks i n a newspaper of g e n e r a l c i r c u l a t i o n i n t h e Township of S p r i n g f i e l d . Such n o t i c e s h a l l s t a t e t h e t i m e and p l a c e of t h e h e a r i n g and t h e p a r t i c u l a r n a t u r e of t h e matter t o be considered a t t h e h e a r i n g . The f i r s t p u b l i c a t i o n s h a l l n o t be more than t h i r t y (30) days and t h e second p u b l i c a t i o n s h a l l n o t be less than seven (7) days from t h e d a t e of t h e hea r ing . [Ord. 1-19901
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Outside Recreational Uses.
writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction. [Ord. 1-19901
ROAD OR STREET - The entire right-of-way of a public street, thoroughfare, highway, or of a private road providing access to two or more properties.
ROADSIDE STAND - Any structure used primarily for the display and sales of homegrown fresh vegetables, fruits and nuts. [as added by Ord. 1-1991, 11/4/1991]
ROOMING HOUSE - A residential building other than hotel in which part or parts are kept, used, or held to be a place where sleeping accommodations are offered for hire for three ( 3 ) or more persons, but not open to transient guests.
SERVICE STATION - A retail place of business engaged primarily in the sale of motor fuels, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs. This may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products, but shall not include major body repairs.
SIGN - Any structure or device to attract attention by words or graphic display, including any writing (letter, word or numeral); pictorial representation (including illustration or decoration); emblem (including device, symbol, or trademark) ; flag (including banner or pennant, but excluding the State and National flags); or any other figure of similar character which is visible from outside a building, or which is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building, or post, or on any open space or lot. An illuminated sign within a building and located in a window is a sign, as are political banners and placards.
SMALL BUSINESS - A commercial and/or industrial enterprise that is highly limited in scope of operation and in scale of facilities. In the R-1 and R-2 Districts, a small business shall only be permitt.ed to be constructed on a parcel of land which is owner occupied, whereby the owner/operators of the small business shall maintain his principal residence on the same lot of record.
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SPECIAL EXCEPTION - A use permitted in a particular zoning district pursuant to the provis2ons of this Chapter and Articles VI and IX of the Pennsylvania MunicipalitiesT'Planning Code, 53 P.S. §§lo601 et seq., 10901 et seq. [Ord. 1-19901
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STORY - The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling above it.-. - A basement shall be considered as a story if more than fifty ( 5 0 ) percent of its clear height is above finished grade, or if it is used for business - . or dwelling purposes.
STREET - includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STREET LINE - The line defining the edge of the legal width of a street right-of-way.
STRUCTURE - any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. [Ord. 1-19901
SUPERVISORS - The Board of Township Supervisors for Springfield Township.
[Ord. 1-19901
TOURIST HOME - A rooming house primarily for transient guests. TRAILER - Any licensed or unlicensed piece of mobile equipment
designed or constructed to be towed or pulled by a motor vehicle. TRAVEL TRAILER - A mobile vehicle, with wheels, designed for
overnight occupancy or camping purposes, capable of being towed by a passenger automobile OK a truck.
TRUCK TERMINAL - A facility to accommodate the service, repair and storage of trucks and other motorized equipment, and which may incidentally provide warehousing activities.
VARIANCE - relief granted pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P . S 510101 - et 3. [Ord. 1-19901
WATER SURVEY - an inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Township of Springfield. [Ord. 1-19901
YARD - Any open space located on the same lot with a building unoccupied and unobstructed from the ground up. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line or right-of-way line and nearest point of a permanent part of a building.
YARD, FRONT - An open space extending the full width of the lot between the building and the road right-of-way line.
YARD, REAR - An open space extending the full width of the lot between the building and the rear lot line.
YARD, SIDE - An open space extending from the front yard to the rear yard between a building and the nearest side lot line.
ZONING MAP - The map containing the zoning districts of Springfield Township, Erie County, Pennsylvania together with all amendments subsequ- ently adopted.
