This chapter shall be known and may be cited
as the "Zoning Ordinance of the Township of Marple."
The regulations in this chapter are made in
accordance with the conditions and procedures of the Pennsylvania
Municipalities Planning Code[1] for promoting the health, safety, morals, convenience,
order, prosperity and general welfare of the community. These regulations
have been designed to lessen congestion in the streets, to secure
safety from fire, panic and other dangers, to provide adequate light
and air, to prevent the overcrowding of land, to avoid undue concentration
of population and to facilitate the adequate provision of transportation,
water, sewage, parks and other public requirements. These regulations
reflect the policy goals of the Township of Marple as contained in
the Goals and Policies section of the Marple Township Comprehensive
Plan Update; nonetheless, the Board of Commissioners hereby expresses
its intent that neither this chapter nor any amendment to it may be
challenged on the basis of any alleged nonconformity with any planning
document.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
Subject to Article XV of this chapter (Nonconformance), no person may use, occupy or sell any land or buildings or authorize or permit the use, occupancy or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter. For purposes of this section, the use or occupancy of a building or land relates to anything and everything that is done to, on or in that building or land.
This chapter shall take effect and be in force
from and after its approval as required by law. Ordinance No. 1 adopted
by the Township of Marple on June 21, 1938, and all amendments thereto
is hereby repealed in its entirety. The Zoning Map of Marple Township
is hereby amended pursuant to the provisions of this chapter and the
Zoning Map dated February 1994 and last revised July 8, 1994. Ordinance
No. 88-2, Buffer Zones, adopted by Marple Township on January 11,
198,8 and all amendments thereto is hereby repealed in its entirety.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare
of the Township of Marple. It is not intended to interfere with, abrogate
or annul other rules, regulations or ordinances of the Township, provided
that where this chapter imposes a greater restriction upon the use
of land or buildings or the configuration of improvements than are
imposed by such other rules, regulations or ordinances, the provisions
of this chapter shall control.
The provisions of this chapter shall be enforced
by the Code Enforcement Officer or such person as designated by the
Board of Commissioners. The Code Enforcement Officer shall require
that applications for building permits shall contain all the information
necessary to enable him to ascertain whether the proposed building,
alteration or use complies with the provisions of this chapter. No
building permit shall be issued until the Code Enforcement Officer
has certified that the proposed building, alteration or use complies
with all the provisions of this chapter.
In case any building, structure or sign is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used or any hedge, tree, shrub,
wall or other growth is maintained in violation of this chapter or
of any regulations made pursuant thereto, in addition to other remedies
provided by law, any appropriate action or proceeding, whether by
legal process or otherwise, may be instituted or taken to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use in
or about such premises.
For any and every violation of the provisions
of this chapter, the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist
and the lessee or tenants of an entire building or entire premises
where such violation has been committed or shall exist and the owner,
general agent, contractor, lessee or tenant of any part of a building
or premises in which part such violation has been committed or shall
exist and the general agent, architect, builder, contractor or any
other person who knowingly commits, takes part or assists in any such
violation or who maintains any building or premises in which any such
violation shall exist, shall be liable upon conviction thereof, to
a fine or penalty not exceeding $1,000, which shall inure to the benefit
and use of the Township, with the costs of suit; and in default of
payment thereof, the District Justice may, in his discretion, commit
the offender to prison in the county jail for a period not exceeding
30 days for each and every offense, and whenever such person shall
have been notified by the Code Enforcement Officer or by service of
a summons in a prosecution or in any other way that he is committing
such violation, each day's continuance of such violation after such
notification shall constitute a separate offense punishable by a like
fine or penalty.
As used in this chapter, words expressed in
their singular include their plural meanings and words expressed in
their plural include their singular meanings. The word "person" includes
a corporation, unincorporated association, and/or a partnership, as
well as an individual. The word "may" is permissive; the words "shall"
and "must" are mandatory. Words used in the present include the future
tense. Words importing the masculine gender include the feminine and
neuter. In interpreting the language of this chapter to determine
the extent of the restriction upon the use of property, the language
shall be interpreted, where doubt exists as to the intended meaning
of the Zoning Ordinance, in favor of the property owner and against
any implied extension of the restriction.
A.
Normal business hours. Except as provided for in Subsection B, any occupation, employment or enterprise that is carried on for profit shall deal directly with customers or clients on the premises only between the hours of 6:00 a.m. and 11:00 p.m.
B.
Extended business hours by special exception. The Zoning Hearing Board is authorized to grant special exceptions for such businesses to operate outside of the hours specified in Subsection A for applications meeting the following criteria:
(1)
The use shall not generate high levels of vehicular
traffic, nor noise, noxious odors, air pollution or glare;
(2)
The manner, location and hours of operations and of
deliveries to the premises shall be compatible with the daily cycle
of active and quiet periods associated with any adjacent residential
uses.
Any permitted illumination of signs, buildings,
structures, tennis courts or other open areas shall be subject to
the following regulations:
A.
Floodlighting or high-intensity lighting shall be
selected and installed so that only the sign, building, structure,
tennis court or other open area on a lot is directly illuminated.
B.
Floodlighting or high-intensity lighting shall be
so aimed or shielded that the light shall not be directed onto any
adjacent lot.
C.
Floodlighting or high-intensity lighting over 150
watts shall be located so that the glare or reflection visible from
a street or residence adjacent to the sign, building, structure, tennis
court or other open area being illuminated shall not be greater than
one footcandle at the property or boundary line.
D.
No floodlighting or high-intensity lighting, except
surveillance, security or safety lighting, shall be permitted after
11:00 p.m.
A.
Projections into front yard. No building and no part
of a building shall be erected within or shall project into the required
front yard that falls between the street and the foremost portion
of a principal use building except:
(1)
Cornices, eaves, gutters;
(2)
Chimneys, projecting not more than 18 inches;
(3)
Bay windows not extending through more than one story
and not projecting more than five feet;
(4)
One-story, open porches projecting not more than 10
feet;
(5)
Steps, projecting not more than eight feet;
(6)
Balconies, projecting not more than four feet.
C.
Projections into rear yard. No principal use building
and no part of a principal use building shall be erected within or
shall project into a required rear yard except:
(1)
Cornices, eaves, gutters;
(2)
Chimneys, projecting not more than 18 inches;
(3)
Bay windows not extending through more than one story
and not projecting more than five feet;
(4)
One-story, open porches projecting not more than 10
feet;
(5)
Steps, projecting not more than eight feet;
(6)
Balconies, projecting not more than four feet.
D.
Projections into yards; obstruction of views. No wall,
fence or other structure shall be erected or altered and no hedge,
tree, shrub or other growth shall be maintained that may cause danger
to traffic on a street, sidewalk or public way by obscuring the view.
[Added 5-11-1998 by Ord. No. 98-11]
A.
Vehicles and trailers as accessory uses. No vehicle
trailer shall be parked on any lot and used as an accessory building
or storage shed. No recreational vehicle, boat, camper or pickup component
shall be used for living or sleeping quarters on any lot in the Township.
