[Ord. 227, 12/18/2006]
1.
Purpose. The primary purpose of this zone is to blend farmlands with
rural residences in outlying areas of the City. Within this zone,
a wide variety of agricultural, mining, forestry and rural activities
are permitted, some of which require special exception approval due
to their potential for impact to adjoining rural residences. Residential
development is permitted at low densities due to a general lack of
public utilities; however, higher densities are permitted where public
utility systems are utilized.
2.
Permitted uses:
A.
Agriculture and horticulture, including one single-family detached
dwelling contained on the site, excluding concentrated animal feeding
operations and/or commercial produce operations, as defined herein.
B.
Forestry uses, subject to the requirements of § 326 of
this chapter.
C.
Uses devoted to the conservation of natural resources.
D.
Municipal services, parks and playgrounds.
E.
Public and private schools.
F.
Churches, cemeteries and related uses.
G.
Public utility structures.
H.
Single-family detached dwellings, camps and cottages.
I.
Animal shelters and veterinary offices, subject to the following:
(1)
All animal care and boarding shall be within a completely enclosed
building.
(2)
The applicant shall furnish evidence of an effective means of
animal waste collection and disposal, which shall be continuously
implemented.
(3)
All animal shelters must maintain proper licensure from Elk
County.
(4)
Any sign used for a kennel shall not exceed 12 square feet in
size.
J.
Bed-and-breakfasts, as defined herein, subject to the following:
(1)
The proposed use must be located within a detached dwelling
unit that is located upon its own parcel or upon the parcel of a farm.
(2)
The dwelling may be enlarged, provided that all modifications
to the external appearance of the building (except fire escapes) would
not alter its residential character.
(3)
All floors above or below grade shall have a permanently affixed,
direct means of escape to ground level and working smoke and carbon-monoxide
detectors on each floor.
(4)
The owner of the use, or the owner's agent, must reside within
the building containing the bed-and-breakfast use.
(5)
One off-street parking space shall be provided for each room
available for rent, in addition to those required for the dwelling
unit, and such parking spaces shall be set back a minimum of 10 feet
from all property lines and screened from adjoining roads and properties.
(6)
A bed-and-breakfast may erect one sign no larger than 12 square
feet in size, which must be set back 10 feet from all lot lines.
(7)
Breakfast shall be offered only to registered overnight guests
and must be served in family-style dining facilities.
(8)
The applicant shall furnish evidence that an approved means
of sewage disposal shall be used. If the proposed use is to be served
by an on-lot sewage disposal system, the applicant must obtain a report
from the City of Saint Marys Sewage Enforcement Officer that either
the existing or the proposed on-lot sewage disposal system has sufficient
capacity and is of sound condition to adequately serve the proposed
use.
(9)
The applicant shall furnish, upon application for the proposed
use and annually thereafter, evidence that an approved means of potable
water supply shall be used.
(10)
The applicant shall furnish proof of approval from the Pennsylvania
Department of Labor and Industry.
K.
Kennels, as defined herein, subject to the following:
(1)
All animal boarding buildings that are not completely enclosed,
and any outdoor animal pens, stalls, or runways, shall be located
within the rear yard.
(2)
All animal boarding buildings that are not completely enclosed,
and any outdoor animal pens, stalls, or runways, shall be a minimum
of 100 feet from all property lines.
(3)
The applicant shall furnish evidence of an effective means of
animal waste collection and disposal, which shall be continuously
implemented.
(4)
The minimum lot area shall be 10 acres.
(5)
All kennels must maintain proper licensure from Elk County.
(6)
Any sign used for a kennel shall not exceed 12 square feet in
size.
L.
Riding stables, as defined herein, subject to the following:
(1)
The minimum lot area shall be 10 acres.
(2)
Any structure used for the boarding of horses shall be set back
at least 50 feet from any property line.
(3)
All stables shall be maintained so to minimize odors perceptible
at the property line.
(4)
All parking compounds and unimproved overflow parking areas
shall be set back at least 10 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking and/or movement
of vehicles across neighboring properties.
(5)
Any sign used for a riding stable shall not exceed 12 square
feet in size.
M.
Two-family conversions. A detached single-family dwelling that existed
on the effective date of this chapter and contained (at that time)
at least 3,000 square feet may be converted into two dwelling units,
subject to the following:
(1)
The applicant shall furnish evidence that an approved system
of water supply and sewage disposal will be utilized.
(2)
No extensions or modifications to the external appearance of
the building (except fire escapes) which would alter its residential
character shall be permitted.
(3)
All floors above grade shall have a direct means of escape to
ground level.
(4)
Four off-street parking spaces shall be provided.
(5)
The applicant shall obtain any required land development approvals.
O.
Clubhouses, as defined herein, subject to the following:
(1)
All clubhouses shall front on and have access to an arterial
or collector road.
(2)
All off-street parking shall be screened and set back 30 feet
from any adjoining property lines.
(3)
Outdoor recreation/activity areas shall be set back at least
50 feet from any property line.
(4)
The applicant shall furnish evidence that approved systems for
sewage disposal and water supply will be utilized.
(5)
The applicant must furnish written evidence as to how the use
will be controlled so as not to constitute a nuisance due to noise
or loitering outside of the clubhouse or glare of lighting on adjoining
properties and streets.
P.
Accessory uses customarily incidental to the above permitted uses,
including but not limited to the following:
(1)
Roadside stands for the seasonal sale of agricultural products
shall be permitted, subject to the following:
(a)
Roadside stands shall not exceed 300 square feet of total display
area.
(b)
Roadside stands must be located at least 10 feet from the right-of-
way line and must have at least three off-street parking spaces.
(c)
A maximum of two signs will be permitted, and they shall not
exceed 12 square feet in total area nor exceed a maximum height of
15 feet.
(2)
Accessory day-care and family day-care facilities, as defined
herein, subject to the following:
(a)
An outdoor play area shall be provided, at a rate of 65 square
feet per individual enrolled. Off-street parking spaces shall not
be used as outdoor play areas. Outdoor play areas shall not be located
within the front yard. Additionally, outdoor play areas shall be located
and designed so as not to disrupt normal activities of adjoining uses
permitted within the zone and/or neighborhood. Outdoor play areas
shall be completely enclosed by a minimum four-foot-high fence and
screened from adjoining residentially zoned properties. Any vegetative
materials located within the outdoor play areas shall be of a non-harmful
type (poisonous, thorny, allergenic, etc.). All outdoor play areas
must provide a means of shade, such as a shade tree(s) or pavilion(s).
(b)
Enrollment shall be defined as the largest number of persons
and/or children under day-care supervision at any one time during
a seven-day period.
(c)
Passenger drop-off and pickup areas shall be provided on site
and arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
(d)
One off-street parking space, in addition to those required
for the dwelling unit, shall be provided.
(e)
Family day-care facilities shall be properly registered with
the Commonwealth of Pennsylvania.
(f)
Upon the establishment of the day-care operation, the Zoning
Officer shall issue a temporary use and occupancy permit. Such permit
shall be reviewed every 12 months until such time as the use is removed.
A fee, in the amount to be set by the City Council, shall be paid
by the landowner upon each renewal of the temporary permit. Such fee
shall be based upon the cost of the annual review of the permit.
(3)
Manure-storage facilities, if contained upon a farm, and subject
to the following regulations:
(a)
All manure-storage facilities shall be designed in compliance
with the guidelines outlined in the publication Manure Management
for Environmental Protection, Bureau of Water Quality Management Publication
No. 43, and any revisions, supplements, and replacements thereof,
published by the Pennsylvania Department of Environmental Protection,
copies of which are available from Water Quality Management in the
Department of Environmental Protection regional offices located at
1 Ararat Boulevard, Harrisburg, PA, 17110, telephone (717) 657-4585.
(b)
All waste-storage facilities' designs shall be reviewed by the
USDA Soil Conservation Service. The applicant shall furnish a letter
from the USDA Soil Conservation Service attesting to approval of the
design of the proposed facility.
(c)
Construction and subsequent operation of the waste-storage facility
shall be in accordance with the permit and the approved design. Any
design changes during construction or subsequent operation will require
the obtainment of another review by the USDA Soil Conservation Service.
(4)
Beekeeping, subject to the following:
(a)
It shall be the duty of the applicant to maintain each colony
so as to not create a public nuisance.
(b)
Colonies shall be maintained in movable hives.
(c)
Hives shall be situated to maximize sunshine exposure and/or
natural wind protection.
(d)
In no case shall hives be located within 25 feet of any property
line.
(e)
All beehives must be registered in accordance with the Pennsylvania
Department of Agriculture, Entomology Section.
(f)
Hives shall not be oriented to children's play areas.
(5)
ECHO housing, as defined herein, subject to the following:
(a)
The elder cottage shall be of portable construction and may
not exceed 900 square feet of floor area, or it shall be provided
as a separate unit within a dwelling or accessory building existing
on the effective date of this chapter.
(b)
The total building coverage for the principal dwelling, any
existing accessory structures and the elder cottage together shall
not exceed the maximum lot coverage requirement for the respective
zone.
(c)
The elder cottage shall be occupied by:
[1]
One person who is at least 50 years of age or a handicapped
and/or disabled person, who is related by blood, marriage or adoption
to the occupants of the principal dwelling; or
[2]
The caregiver who is related by blood, marriage or adoption
to the elderly, handicapped or disabled occupant(s) of the principal
dwelling.
(d)
The elder cottage shall be occupied by a maximum of two people.
(e)
Utilities:
[1]
For sewage disposal and water supply and all other utilities,
the elder cottage shall be physically connected to those systems serving
the principal dwelling; no separate utility systems or connections
shall be constructed or used, unless required by the PA DEP. All connections
shall meet the applicable utility company standards.
[2]
If on-site sewer or water systems are to be used, the applicant
shall submit evidence that the total number of occupants in both the
principal dwelling and the elder cottage will not exceed the maximum
capacities for which the one-unit systems were designed, unless those
systems are to be expanded, in which case the expansion approvals
are to be submitted. Any connection to or addition to an existing
on-site sewer system shall be subject to the review and approval of
the Sewage Enforcement Officer.
(f)
A minimum of one all-weather, off-street parking space, with
unrestricted ingress and egress to the street, shall be provided for
the elder cottage, in addition to that required for the principal
dwelling.
(g)
Unless provided within an existing building, the elder cottage
shall be installed and located only in the side or rear yard and shall
adhere to all side and rear yard setback requirements for principal
uses.
(h)
The elder cottage shall be removed from the property within
three months after it is no longer occupied by a person who qualifies
for the use.
(i)
Upon the proper installation of the elder cottage, the Zoning
Officer shall issue a temporary zoning permit. Such permit shall be
reviewed every 12 months until such time as the elder cottage is required
to be removed. A fee, in the amount to be set by the City Council,
shall be paid by the landowner upon each renewal of the temporary
zoning permit. Such fee shall be based upon the cost of the annual
review of the permit.
(6)
Farm occupations, as defined herein, if conducted as an accessory
use to a principal agricultural use of the property, with a minimum
of 10 acres, and subject to the following:
(a)
Residents and up to two nonresidents may be employed by the
farm occupation.
(b)
The use must be conducted within one completely enclosed building.
Where practicable, the farm occupation shall be conducted within an
existing farm building. However, any new building constructed for
use by the farm occupation shall be located behind the farm's principal
buildings or must be no less than 100 feet from any adjoining roads
or properties.
(c)
Any new building constructed for use by the farm occupation
shall be of a design so that it can be readily converted to agricultural
use, or removed, if the farm occupation is discontinued.
(d)
No part of a farm occupation shall be located within 100 feet
of any side or rear lot line. Such distances shall be measured as
a straight line between the closest points of any physical improvement
associated with the farm occupation and the property/zoning line.
(e)
The farm occupation shall occupy no more than 4,000 square feet
of gross floor area nor more than one acre of lot area. However, any
access drive serving the farm occupation and the farm shall not be
calculated as land serving the farm occupation.
(f)
No more than 50% of the land devoted to a farm occupation shall
be covered by buildings, structures, parking or loading areas, or
any other impervious surfaces.
(g)
Any sign used for a farm occupation shall not exceed 12 square
feet in size.
(7)
Rural occupations, as defined herein, subject to the following:
(a)
Only one rural occupation may be conducted on the same property
as the owner's principal residence.
(b)
A rural occupation shall only be conducted within one completely
enclosed outbuilding that satisfies at least one of the following:
[1]
The building will remain the same size and in the same location
as it existed on the effective date of this section; and/or
[2]
The building is limited to 1 1/2 stories in height or 20
feet, whichever is lesser, is no larger than the square footage that
comprises the principal residence's main grade level, is located in
the rear yard of the principal residence, and is set back at least
50 feet from any side or rear lot line. All applicants are required
to design buildings that are compatible with their residential settings.
(c)
In no case shall any new rural occupation building be constructed
before the owner resides on the subject property. In addition, rural
occupations may only be conducted so long as the sole owner of the
business resides on the site.
(d)
In no case shall the required maximum lot coverage be exceeded
by those impervious surfaces associated with the principal residence,
rural occupation and/or other accessory uses.
(e)
All off-street parking and loading spaces shall be screened
from adjoining roads and properties.
(f)
No outdoor storage or display shall be permitted, except that
one commercial truck of not more than 11,000 pounds' gross vehicle
weight may be parked behind the principal residence, so long as it
is screened from adjoining roads and properties.
(g)
One nonilluminated sign not exceeding 12 square feet shall be
permitted, and it must be set back at least five feet from all property
lines.
(h)
No rural occupation and its principal dwelling shall generate
more than 20 vehicle trips per day to or from the site. The applicant
shall furnish written evidence regarding the expected numbers of vehicle
trips associated with the proposed use.
(i)
Vehicular access to the rural occupation shall be limited to
the same driveway connection with the public street that serves the
principal residence. No additional roadway connections shall be permitted.
(j)
Up to two nonresidents of the site may be employed in the rural
occupation.
(k)
Rural occupations shall only be conducted between the hours
of 6:00 a.m. and 9:00 p.m.
(l)
No manufacturing, mechanical, or industrial use shall be permitted
which causes any noise, odor, glare, fumes, smoke, dust, vibration,
electromagnetic interference, or other hazard that is noticeable at
or beyond the line of the nearest residential lot. No use that requires
application or permitting by the PA DEP for the handling of hazardous
waste or other substances shall be permitted, except for wastewater
treatment.
(8)
Home occupations, as defined herein, subject to the following:
(a)
The use shall be clearly incidental to the primary use of the
premises as a dwelling for living purposes.
(b)
Up to two nonresident employees shall be permitted.
(c)
No more than one home occupation may be located in any dwelling
unit.
(d)
The home occupation shall not alter the appearance of the building
as a dwelling unit.
(e)
No mechanical equipment shall be employed in a home occupation,
other than that customarily utilized for hobby or domestic purposes.
(f)
No sales of any goods or merchandise shall occur on the premises
that would require customer visitation to the site, other than those
goods or merchandise which are/is produced on the premises.
(g)
No manufacturing shall occur on the premises other than the
products of customary hobbies and fabrication of garments by a seamstress
or tailor.
(h)
No goods shall be displayed so as to be visible from the exterior
of the premises.
(i)
Home occupations shall be limited to not more than 25% of the
floor area of the dwelling unit.
(j)
No accessory building or structure shall be utilized as a home
occupation, except that an accessory building or structure may be
used as storage area for the home occupation, provided that said area
shall be included in the total area permitted for a home occupation
use and, further, that no such accessory building or structure shall
be accessible to the public for business purposes.
(k)
In addition to the required parking spaces for the dwelling
unit, one parking space for patrons on site at one time shall be provided.
(l)
Only one sign advertising a home occupation shall be permitted.
Such sign shall not be illuminated and shall be limited to 12 square
feet in display area, including all sides of the sign.
(m)
The applicant shall submit evidence of all applicable state
approvals.
(9)
Noncommercial keeping of livestock, as defined herein, subject
to the following:
(a)
Minimum lot area: one acre. Additionally, the following list
specifies additional requirements by size of animals kept:
[1]
Group 1: Animals whose average adult weight is less than 10
pounds shall be permitted at an animal density of 12 per acre, with
a maximum number of 50 animals.
[2]
Group 2: Animals whose average adult weight is between 10 and
65 pounds shall be permitted at an animal density of two per acre,
with a maximum number of 20 animals.
[3]
Group 3: Animals whose average adult weight is greater than
65 pounds shall be permitted at an animal density of one per acre,
with a maximum number of 10 animals.
[4]
The keeping of a combination of animal types (Groups 1, 2 and
3) shall require an animal density equal to the ratio of the number
of animals, by type. In no case shall a lot contain more than 50 total
animals. Should one structure be used to house a combination of animal
types, the most-restrictive setback shall apply.
(b)
The following lists minimum setbacks (from all property lines)
imposed upon the placement of any structure used to house noncommercial
livestock:
(c)
All structures used to house noncommercial livestock shall be
prohibited from placement in the front yard.
(d)
All outdoor pasture/recreation areas shall be enclosed with
fencing to prevent the escape of the animals.
(e)
All animal wastes shall be properly stored and disposed of,
so as not to be objectionable at the site's property line. All animals,
their housing, and their outdoor pasture/recreation areas shall be
properly maintained so as not to become a nuisance to adjoining properties.
(10)
Temporary farm employee housing, if contained on a farm, subject
to the following standards:
(a)
For each farm, one mobile home is permitted for the use of farm
workers (and their families) who are employed by the owner of the
farm, for such time as the employee works the land of the owner.
(b)
All such units shall be located within the rear yard of the
farm dwelling and shall further comply with all setback requirements
imposed upon single-family detached dwellings.
(c)
Such mobile homes shall be securely anchored to a mobile home
stand, a six-inch-thick poured concrete slab over a six-inch stone
base, the length and width of which shall be at least equal to the
dimensions of the mobile home. Each mobile home pad shall include
properly designed utility connections.
(d)
The mobile home shall be occupied at least 120 days a year by
at least one person who is employed on the farm where the mobile home
is located. If this condition is not satisfied, the mobile home shall
be removed within 120 days.
(11)
No-impact home-based businesses, as defined herein.
(12)
Outdoor furnaces, subject to the following standards:
(a)
The outdoor furnace shall not be permitted within the front
yard.
(b)
The outdoor furnace shall be located within 30 feet of the building
it serves.
(c)
The outdoor furnace shall comply with all applicable accessory
use setbacks.
(e)
The minimum required lot size for an outdoor furnace shall be
40,000 square feet.
[Amended by Ord. 306, 9/18/2017]
3.
Special exception uses (subject to the requirements listed in § 604, Subsection 3, of this chapter):
A.
Campgrounds. (See § 414.)
B.
Commercial produce operations. (See § 418.)
C.
Communication towers and equipment that are not co-located upon an
existing structure. (See § 420.)
D.
Concentrated animal feeding operations. (See § 421.)
E.
Golf courses. (See § 429.)
F.
Nursery and garden centers and contractors. (See § 443.)
G.
Nursing, rest or retirement homes. (See § 444.)
H.
Wind farms. (See § 458.)
I.
Well pads for unconventional wells, meeting all of the applicable
requirements of Section 459.1.
[Added by Ord. 296, 2/15/2016]
J.
Natural gas compression stations, meeting all of the requirements
of § 459.1.
[Added by Ord. 296, 2/15/2016]
K.
Disposal wells, meeting all of the applicable requirements of § 459.1.
[Added by Ord. 296, 2/15/2016]
L.
Digital
currency mining. (See § 460.)
[Added by Ord. No. 334, 1/16/2023]
M.
Community
solar energy system. (See § 461.)
[Added by Ord. No. 334, 1/16/2023]
N.
Grid-scale
solar energy system. (See § 461.)
[Added by Ord. No. 334, 1/16/2023]
4.
Conditional uses (subject to the requirements listed in § 704
of this chapter):
A.
Airports/heliports. (See § 404.)
B.
Cluster developments. (See § 416.)
C.
Manufactured home parks. (See § 438.)
D.
Mining, quarrying, and related processing facilities. (See § 441.)
E.
Sawmills. (See § 450.)
F.
Septage and/or spent mushroom compost processing or commercial mushroom
operations. (See § 451.)
5.
Design requirements for the RC Zone.
[Amended by Ord. 279, 1/21/2013; and by Ord. No. 314, 11/18/2019]
|
Use
|
Minimum Lot Area1
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
Minimum Yard Setbacks
| |||
|---|---|---|---|---|---|---|---|
|
Front
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear
(feet)
| ||||
|
Agricultural, horticultural or forestry uses
|
10 acres
|
200
|
10%
|
502
|
502
|
1002
|
502
|
|
Single-family dwellings, camps and cottages and other permitted
uses with on-lot sewage and on-lot water
|
1 acre
|
125
|
20%
|
30
|
20
|
40
|
25
|
|
Single-family dwellings and other permitted uses with public
sewage or public water
|
20,000 square feet
|
100
|
25%
|
30
|
15
|
30
|
25
|
|
Single-family dwellings and other permitted uses with public
sewage and public water
|
12,000 square feet
|
70
|
30%
|
30
|
10
|
20
|
25
|
|
Single-family dwellings and other permitted uses if more than
50% of the site possesses slopes in excess of 15%
|
2 acres
|
150
|
7%
|
30
|
20
|
40
|
25
|
|
Accessory residential uses
|
N/A
|
N/A
|
Same as above
|
Same as principal structure or 30, which- ever is less
|
15
|
30
|
30
|
|
NOTES:
|
|---|
|
1 All uses relying upon
on-lot sewers are subject to the requirements listed in § 317
of this chapter.
|
|
2 Special setback requirements.
Except as provided for in the following paragraph, no area for the
storage or processing of manure, garbage, or spent mushroom compost,
structures for the cultivation of mushrooms or the raising of commercial
livestock, nor any building housing commercial livestock shall be
permitted within 200 feet of any adjoining property. The Zoning Hearing
Board may, as a special exception, however, reduce the above special
setback requirements where it is shown that, because of prevailing
winds, unusual obstructions, topography, or other conditions, a lesser
distance would protect adjoining lands from odor, dust, or other hazards.
In no case, however, shall the Zoning Hearing Board reduce the special
setback to less than 100 feet. The burden shall be upon the applicant
to prove that a lesser distance would not be detrimental to the health,
safety, and general welfare of the community.
|
7.
Agricultural nuisance disclaimer. Lands within the Rural Conservation
Zone are located within an area where land is used for commercial
agricultural production. Owners, residents, and other users of this
property may be subjected to inconvenience, discomfort, and the possibility
of injury to property and health arising from normal and accepted
agricultural practices and operations, including but not limited to
noise, odors, dust, the operation of machinery of any kind, including
aircraft, the storage and disposal of manure, the application of fertilizers,
soil amendments, herbicides and pesticides. Owners, occupants, and
users of this property should be prepared to accept such inconveniences,
discomfort, and possibility of injury from normal agricultural operations
and are hereby put on official notice that Section 4 of Pennsylvania
Act 133 of 1982, the Right to Farm Law,[4] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[4]
Editor's Note: See 3 P.S. § 954.
8.
Required conservation plan. Any agricultural, horticultural or forestry
uses which involve earthmoving activities or the commercial harvesting
or timbering of vegetation shall require the obtainment of an approved
conservation plan by the Elk County Conservation District pursuant
to Chapter 102, Erosion Control, of Title 25, Rules and Regulations,
of the Department of Environmental Protection. All on-site activities
shall then be in compliance with the approved conservation plan.
[Ord. 227, 12/18/2006]
1.
Purpose. The purpose of this zone is to reflect and permit a continued
suburban development pattern with lower densities and detached housing
units. Because areas within this zone may or may not have access to
public utilities, design standards vary depending upon those public
utilities utilized. In addition, where dwelling units are constructed
in an area planned for public sewer service that precedes sewer installation,
such lots will be required to employ utility infill designs and capped
sewer lines. Uses permitted within this zone are limited to complement
suburban neighborhoods, with accessory uses that will not detract
from the residential character.
2.
Permitted uses:
A.
Agricultural, horticultural and forestry uses, excluding concentrated
animal feeding operations subject to the standards listed in § 200
of this chapter.
B.
Single-family detached dwellings.
C.
Municipal services, parks and playgrounds.
D.
Public and private schools.
E.
Churches, cemeteries and related uses.
F.
Public utility structures.
G.
No-impact home-based businesses.
H.
Accessory uses customarily incidental and secondary to the above
permitted uses, including but not limited to no-impact home-based
businesses and accessory day-care uses, as defined herein.[1]
[1]
Editor's Note: Former Subsection 2I, qualified oil and gas
operations, added 7/2/2012 by Ord. 275, which immediately followed
this subsection, was repealed 2/15/2016 by Ord. 296.
4.
Design standards in the RS Zone:
[Amended by Ord. No. 314, 11/18/2019]
|
Utilized Public Utilities
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width2 at Building
Setback Line/ (Frontage)
(feet)
|
Maximum Lot Coverage
|
Minimum Yard Setback Sides
| |||
|---|---|---|---|---|---|---|---|
|
Front
(feet)
|
One
(feet)
|
(Both)
(feet)
|
Rear
(feet)
| ||||
|
None
|
43,5601
|
4002/(360)
|
20%
|
35
|
315
|
(330)2
|
35
|
|
Public water
|
32,0001
|
300/(270)
|
25%
|
35
|
215
|
(230)
|
35
|
|
Public sewer
|
20,000
|
200/(180)
|
30%
|
35
|
115
|
(130)
|
35
|
|
Public sewer and water
|
10,000
|
100/(90)
|
40%
|
35
|
15
|
(30)
|
35
|
|
Accessory residential structures
|
N/A
|
N/A
|
Same as above
|
Same as principal structure or 35, whichever is less
|
10
|
(20)
|
10
|
|
NOTES:
|
|---|
|
1 All uses relying upon
on-lot sewers must comply with § 317 of this chapter.
|
|
2 For a graphic illustration,
refer to the following diagram.
|
 |
[Ord. 227, 12/18/2006]
1.
Purpose. The purpose of this zone is to reflect and permit a continued
development pattern that has evolved in these older existing neighborhoods.
Characteristics of this zone include smaller and narrower lot sizes
with detached and attached dwellings served by public utilities. Uses
permitted within this zone are limited to complement these existing
neighborhoods, with accessory uses that will not detract from the
residential character.
2.
Permitted uses:
A.
Single-family detached dwellings.
B.
Duplexes.
C.
Forestry uses, subject to § 326 of this chapter.
D.
Municipal services, parks and playgrounds.
E.
Public and private schools.
F.
Churches, cemeteries and related uses.
G.
Public utility structures.
H.
No-impact home-based businesses.
I.
Accessory uses customarily incidental and secondary to the above
permitted uses, including but not limited to no-impact home-based
businesses and accessory day-care uses, as defined herein.
[Amended by Ord. No. 314, 11/18/2019]
J.
[1] Two-family conversions. All units on floors above the
first story and/or below grade shall have a permanently affixed direct
means of escape to ground level and a hard-wired smoke alarm.
[Added by Ord. No. 314, 11/18/2019]
[1]
Editor's Note: Former Subsection 2J, qualified oil and gas
operations, added 7/2/2012 by Ord. 275, which immediately followed
this subsection, was repealed 2/15/2016 by Ord. 296.
3.
Special exception uses (see § 604, Subsection 3):
4.
Design requirements for the RU Zone:[3]
[Amended by Ord. No. 314, 11/18/2019]
|
Use
|
Minimum Lot Area1
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
Minimum Yard Setbacks
| |||
|---|---|---|---|---|---|---|---|
|
Front
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear
(feet)
| ||||
|
Forestry uses
|
10 acres
|
200
|
5%
|
50
|
50
|
100
|
50
|
|
Single-family dwellings
|
6,250 square feet
|
50
|
40%
|
20
|
6
|
12
|
10
|
|
Duplexes
|
6,250 square feet per unit
|
40
|
40%
|
20
|
6
|
12
|
10
|
|
Other permitted uses
|
7,000 square feet
|
50
|
40%
|
20
|
6
|
12
|
25
|
|
Accessory residential structures
|
N/A
|
N/A
|
Same as above
|
Same as principal structure or 20, whichever is less
|
31
|
61
|
51
|
[3]
Editor's Note: While the table which follows contains footnote
indicators, the original ordinance contained no corresponding notes.
[Ord. 227, 12/18/2006]
1.
Purpose. The purpose of this zone is to accommodate a wide range
of housing unit types and densities along with compatible uses. These
areas are served by public utilities and specifically provide for
the opportunity to develop affordable housing units to expand housing
opportunities within the City. Uses permitted within this zone are
limited to complement these neighborhoods, with accessory uses that
will not detract from the residential character.
2.
Permitted uses:
A.
Single-family detached dwellings.
B.
Duplexes.
C.
Townhouses.
D.
Multifamily dwellings.
E.
Forestry uses, subject to the requirements of § 326 of
this chapter.
F.
Municipal services, parks and playgrounds.
G.
Public and private schools.
H.
Churches, cemeteries and related uses.
I.
Public utility structures.
J.
Accessory uses customarily incidental and secondary to the above
permitted uses, including but not limited to no-impact home-based
businesses and accessory day-care uses, as defined herein.
K.
[1] Two-family conversions. All units on floors above the
first story and/or below grade shall have a permanently affixed direct
means of escape to ground level and a hard-wired smoke alarm.
[Added by Ord. No. 314, 11/18/2019]
[1]
Editor's Note: Former Subsection 2K, qualified oil and gas
operations, added 7/2/2012 by Ord. 275, which immediately followed
this subsection, was repealed 2/15/2016 by Ord. 296.
3.
5.
Design requirements for the RF Zone:
[Amended by Ord. No. 314, 11/18/2019]
|
Use
|
Minimum Lot Area1
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
Minimum Yard Setbacks
| |||
|---|---|---|---|---|---|---|---|
|
Front
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear
(feet)
| ||||
|
Forestry uses
|
10 acres
|
200
|
5%
|
50
|
50
|
100
|
50
|
|
Single-family dwellings
|
N/A
|
50
|
40%
|
20
|
6
|
12
|
10
|
|
Duplexes
|
N/A
|
40
|
40%
|
20
|
6
|
N/A
|
10
|
|
Townhouses1,3
|
N/A
|
20 per unit
|
60%
|
20
|
10 (end units)
|
10
| |
|
Multifamily dwellings2,3
|
N/A
|
150
|
50%
|
20
|
20
|
40
|
20
|
|
Other permitted uses
|
7,000 square feet
|
50
|
40%
|
20
|
6
|
12
|
25
|
|
Accessory residential structures
|
N/A
|
N/A
|
Same as above
|
Same as principal structure or 20, which- ever is less
|
31
|
61
|
51
|
|
NOTES:
| ||
|---|---|---|
|
1 For each townhouse grouping
containing more than four units, no more than 60% of such units shall
have the same front yard setback; the minimum variation of setback
shall be two feet. All townhouse buildings shall be set back a minimum
of 15 feet from any parking facilities contained on commonly held
lands. All townhouse buildings shall be set back at least 20 feet
from any perimeter boundary of the development site. In those instances
where several townhouse groupings are contained upon the same lot,
the standards listed in the following Footnote 3 shall apply.
| ||
|
2 In those instances where
several townhouse groupings and/or multiple-family dwelling buildings
are located on the same lot, the following separation distances will
be provided between each building:
| ||
|
a.
|
Front-to-front, rear-to-rear, or front-to-rear, parallel
buildings shall have at least 50 feet between faces of the building.
If the front or rear faces are obliquely (not parallel nor perpendicular)
aligned, the above distances may be decreased by as much as 10 feet
at one end, if increased by similar or greater distance at the other
end.
| |
|
b.
|
A minimum yard space of 30 feet is required between
end walls of buildings. If the buildings are at right angles to each
other, the distance between the corners of the end walls of the building
may be reduced to a minimum of 20 feet.
| |
|
c.
|
A minimum yard space of 30 feet is required between
end walls and front or rear faces of buildings.
| |
|
3 All common open spaces
are subject to the requirements listed in § 319 of this
chapter.
| ||
[Ord. 227, 12/18/2006]
1.
Purpose. The purpose of this zone is to provide commercial goods
and services to local residents who live in the City. Uses have been
limited to those that residents are likely to need on a daily or regular
basis. Overall, retail size has been restricted to uphold the traditional
central business setting and local pedestrian orientation of this
zone and to encourage the adaptive reuse of converted historic buildings
rather than the construction of new commercial buildings. Requirements
have been specified to preserve the urban character of this area and
reflect the tightly knit land use pattern. Limited exterior activities
have been allowed to contribute to the vitality and diversity of this
area. Conversion apartments have also been accommodated upon upper
floors, if off-street parking is provided.
2.
Permitted uses:
A.
Forestry uses, subject to the standards listed in § 326
of this chapter.
B.
Municipal services, parks and playgrounds.
C.
Public uses and public utility structures.
D.
Banks and similar financial institutions, excluding drive-thru lanes.
E.
Hotels.
F.
Medical or dental clinics.
G.
Offices.
H.
Public, private and commercial schools.
I.
Restaurants and taverns (excluding outdoor cafes and drive-thru or
fast-food restaurants).
J.
Retail sale, service and/or rental of goods (except adult-related
uses, as defined herein), including:
(1)
Card, stationery, magazine, book, or newspaper shops.
(2)
Prerecorded music, video, or spoken-word products.
(3)
Beverage, wine and liquor stores.
(4)
Sporting goods stores.
(5)
Musical instrument shops, studios and schools.
(6)
Tobacco and smoking accessories supplies.
(7)
Domestic hardware and 5 & $0.10 items.
(8)
Photographic, video, audio, and electronic components and accessories.
(9)
Clothing and shoe boutiques.
(10)
Flower, balloon and gift shops.
(11)
Pet stores and supplies with proper licensure.
(12)
Jewelry, watches, and clocks.
(13)
Art and drafting supplies and studios.
(14)
Computers, software, and training facilities and other office
supplies.
(15)
Craft supplies, baskets, fabrics, and other notions.
(16)
Toy and hobby stores.
(17)
Telephone, vacuum cleaner and other domestic appliance stores.
(18)
Prosthetic devices.
(19)
Drugstores, perfumes, soaps, lotions, powders, and similar items.
(20)
Draperies, wallpaper and rug showrooms.
(21)
Bed and bath supplies.
(22)
Kitchenware, cookware and dinnerware.
(23)
Eyeglass and hearing aid showrooms and offices.
(24)
Specialty food stores and grocerettes, including motor vehicle
filling facilities as an accessory use.
(25)
Religious articles and artifacts.
(26)
Thrift and pawn shops.
K.
Retail services, including barber/beauty salons; tailors and shoe
repair; tanning salons; and fitness, dance or karate centers.
L.
Art or antique shops, museums and libraries.
M.
Delicatessens, bakers and caterers.
N.
Churches and related uses, excluding cemeteries.
O.
Private clubhouses.
P.
Automobile parking compounds, garages, and mass transit terminals.
Q.
Movie theaters, auditoriums and other places of public assembly.
R.
Accessory uses customarily incidental to the above permitted uses.
3.
Special exception uses (see § 604, Subsection 3):
A.
Banks and similar financial institutions with drive-thru lanes. (See
§ 410.)
B.
Commercial day-care facilities. (See § 417.)
D.
Drive-thru and/or fast-food restaurants. (See § 423.)
E.
Dry cleaners and laundry stations (drop off and pick up only). (See
§ 424.)
F.
Funeral homes. (See § 428.)
G.
Hotels. (See § 435.)
H.
Outdoor cafes. (See § 447.)
4.
Required design standards in the CB Zone:
|
Minimum Setbacks
| ||||||
|---|---|---|---|---|---|---|
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Front
|
Each Side
(feet)
|
Rear
(feet)
|
Maximum Permitted Lot Coverage
|
Maximum Permitted Height
(feet)
|
|
5,000
|
40
|
Except as noted in footnote 1, no less than 50% of a principal
building's front facade shall be located within 5 feet of the front
lot line
|
0
|
0
|
100%
|
752
|
|
NOTES:
|
|---|
|
1 Any use may set back the
front of its building a sufficient distance to accommodate an outdoor
cafe so long as the outdoor cafe is enclosed by a fence or some other
barrier that is located within five feet of the front lot line.
|
|
2 In no case shall building
or structural height violate the Airport Zone regulations listed in
§ 231 of this chapter.
|
5.
It is the intent of this zone to accommodate parking needs with
unassigned on-street parking spaces that are reasonably accessible.
Where provided, all off-street parking shall be located within the
side or rear yard, shall be as compact as possible, and is exempt
from all provisions of § 312. Any garage used for the parking
and/or storage of vehicles shall be set back no less than 10 feet
from an adjoining alley onto which the garage opens. Off-street parking
may be provided on a shared basis with adjoining properties using
common parking spaces and access drives.
[Amended by Ord. No. 314, 11/18/2019]
6.
Loading. No off-street loading is required for principal uses within
this zone. Where provided, all off-street loading shall be located
within the rear yard. Any building used for the loading/unloading
of vehicles shall be set back no less than 20 feet from an adjoining
alley onto which the garage opens. Off-street loading may be provided
on a shared basis with adjoining properties using common loading spaces
and access drives.
7.
Screening. When a use within this zone abuts property within the
RU or RF Zone, any area devoted to off-street parking and/or loading
shall be screened from said residentially zoned property in accordance
with § 314 of this chapter.
8.
Outdoor storage and display. No outdoor storage is permitted; however,
one sidewalk display bin for retail merchandise shall be permitted
per use along the main facade of the building and the street sidewalk.
Such bin shall be located against the facade and shall provide a minimum
three-foot-wide sidewalk clearance.
9.
Outdoor signs. Such signs are regulated by § 315 of this
Chapter.
[Amended by Ord. 279, 1/21/2013]
10.
Access drives. All access drives serving other uses shall be in accordance
with § 311 of this chapter.
11.
Landscaping. Any portion of the site not used for buildings, structures,
parking lots, loading areas, outdoor storage areas, and sidewalks
shall be maintained with a vegetative ground cover and other ornamental
plantings. (See § 314.)
12.
Waste products. Dumpsters may be permitted within the side or rear
yard. All dumpsters shall be screened and set back a minimum of five
feet from any adjoining residentially zoned properties.
13.
Commercial operations standards. All commercial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies.
14.
All uses permitted within this zone shall also comply with all applicable general provisions listed in Part 3 of this chapter.[3]
[3]
Editor's Note: Former Subsection 15, regarding oil and gas
operations as conditional uses, added 7/2/2012 by Ord. 275, which
immediately followed this subsection, was repealed 2/15/2016 by Ord.
296.
[Ord. 227, 12/18/2006]
1.
Purpose. This zone provides suitable locations for highway-oriented
retail, service, and entertainment businesses. The uses may involve
outdoor activities and/or storage areas, like automobile, boat and
trailer sales, and service establishments. The uses provided in this
zone are meant to serve local residents as well as those motorists
passing through the City. Access to these areas is provided by adjoining
major roads. Specific setbacks are imposed upon outdoor storage areas
to protect adjoining properties.
2.
Permitted uses:
A.
Forestry uses, subject to the requirements of § 326 of
this chapter.
B.
Offices.
C.
Banks and similar financial institutions.
D.
Restaurants and taverns (but not including drive-thru or fast-food
restaurants or nightclubs).
E.
Retail sale of goods and services (including auto parts stores, without
installation, but excluding adult-related uses).
F.
Hotels, motels and similar lodging facilities.
G.
Retail sale of automobiles, boats, farm machinery, trailers, mobile
homes, spas, and swimming pools (including service or repair facilities
as an accessory use and if conducted within a completely enclosed
building).
H.
Theaters and auditoriums.
I.
Shops for contractors of plumbing, heating, air conditioning, electrical,
roofing, flooring, glass and windows, insulation, carpentry and cabinetmaking,
and other structural components of buildings.
J.
Municipal services, public utilities and parks and playgrounds.
K.
Dry cleaners, laundries and Laundromats.
L.
Churches and related uses.
M.
Health and fitness clubs.
N.
Public, private and commercial schools.
O.
Medical and dental clinics.
P.
Animal shelters and veterinary offices with no animals kept outside.
Q.
Convenience stores.
R.
Breweries, brew pubs and micro-breweries.
S.
Accessory uses customarily incidental to the above permitted uses.
T.
Recycling collection facilities as an accessory use, provided that
such facilities are sufficiently enclosed to prevent the scattering
of debris, the materials collected are removed at regular intervals,
the facility is posted to prohibit the disposal of any material, good,
or furnishing that cannot be placed within the actual recycling bin,
and the total size of the facility is less than 300 square feet.[1]
[1]
Editor's Note: Former Subsection 2U, qualified oil and gas
operations, added 7/2/2012 by Ord. 275, which immediately followed
this subsection, was repealed 2/15/2016 by Ord. 296.
3.
Special exception uses (subject to the requirements listed in § 604, Subsection 3, of this chapter):
A.
Amusement arcades. (See § 405.)
B.
Automobile filling stations (including minor incidental repair).
(See § 408.)
C.
Automobile service and repair facilities, including but not limited
to auto mechanics, drive-thru lubrication services, and tire, auto
paint, brake, muffler, transmission, windshield, auto body, car radio,
and upholstery shops. (See § 409.)
D.
Billboards. (See § 412.)
E.
Car washes. (See § 415.)
F.
Commercial recreation facilities. (See § 419.)
G.
Drive-thru and/or fast-food restaurants. (See § 423.)
H.
Farmers', antiques and/or flea markets. (See § 427.)
I.
Funeral homes. (See § 428.)
J.
Heavy equipment sales, service, and repair, such as excavation machinery,
commercial trucks, buses, farm equipment, mobile homes, trailers,
and other similar machinery. (See § 430.)
K.
Home improvement and building supply stores. (See § 433.)
L.
Mini-warehouses. (See § 442.)
4.
5.
Lot area, lot width, and lot coverage requirements: See the following
table.
|
Public Utilities Utilized
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
| |
|---|---|---|---|---|
|
Neither public sewer nor public water
|
43,5601
|
200
|
30%
| |
|
Public water
|
32,6701
|
150
|
35%
| |
|
Public sewer
|
20,000
|
125
|
45%
| |
|
Both public sewer and public water
|
20,000
|
100
|
60%
|
|
NOTES:
| |
|---|---|
|
1 All uses relying upon on-lot sewers
shall comply with § 317 of this chapter.
|
6.
Minimum setback requirements (principal and accessory uses):
A.
Front yard setback. All buildings, structures (except permitted signs),
and outdoor loading areas shall be set back at least 40 feet from
the street right-of-way; off-street parking lots and outdoor storage
areas shall be set back a minimum of 10 feet from the street right-of-way.
B.
Side yard setbacks. All buildings and structures (except permitted
signs) shall be set back at least 20 feet from the side lot lines.
Off-street parking lots, loading areas, and outdoor storage areas
shall be set back at least 10 feet from the side lot lines, unless
joint parking facilities are shared by adjoining uses. In such instances,
one of the side yard setbacks can be waived solely for parking and/or
loading facilities.
C.
Rear yard setback. All buildings, structures, off-street parking
lots, loading areas, and outdoor storage areas shall be set back at
least 20 feet from the rear lot line.
D.
Residential buffer strip. Any lot adjoining land within a residential
zone shall maintain a fifty-foot setback, for nonresidential buildings,
structures, off-street parking lots, loading areas and outdoor storage
areas, from the residentially zoned parcels. Such areas shall be used
for a landscape strip and screen.
7.
Maximum permitted height: 35 feet. In no case shall building or structural
height violate the Airport Zone regulations listed in § 231
of this chapter.
8.
Off-street loading. Off-street loading shall be provided as specified
in § 313 of this chapter. In addition, no off-street loading
area shall be permitted on any side of a building facing adjoining
lands within a residential zone nor any side of a building facing
an adjoining street.
9.
Off-street parking. Off-street parking shall be provided as specified
in § 312 of this chapter.
10.
Signs. Signs shall be permitted as specified in § 315 of
this chapter.
11.
Access drive requirements. All access drives shall be in accordance
with § 311 of this chapter.
12.
Screening. A visual screen must be provided along any adjoining lands
within a residential zone, regardless of whether or not the residentially
zoned parcel is developed. (See § 314 of this chapter.)
13.
Landscaping.
A.
Any portion of the site not used for buildings, structures, parking
lots, loading areas, outdoor storage areas, and sidewalks shall be
maintained with a vegetative ground cover and other ornamental plantings.
(See § 314 of this chapter).
B.
A minimum ten-foot-wide landscape strip shall be provided along all
property lines. Such landscape strip can be waived for that portion
of the site occupied by a joint parking lot and/or loading area shared
by adjoining uses.
14.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided that such dumpsters are screened from any adjoining
roads or properties. All dumpsters shall be set back a minimum of
50 feet from any adjoining residentially zoned properties. All waste
receptacles shall be completely enclosed within a masonry or framed
enclosure with a self-closing door or gate.
15.
Commercial operations standards. All commercial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies. For a listing of some
regulations, refer to § 318 of this chapter.
16.
Outdoor storage. Within this zone, outdoor storage is permitted,
provided that all outdoor storage areas are screened from adjoining
roads and properties and they comply with all of those setbacks specifically
imposed thereon, listed in this section. The outdoor storage areas
for retail automobile, motorcycle, or boat sales need not be screened
from adjoining roads.
[Ord. 227, 12/18/2006]
1.
Purpose. The purpose of this zone is to provide for the orderly development
of the Saint Marys Regional Medical Center, its affiliates and related
services. Uses permitted foster a variety of health-care-related facilities
and uses, to advance the quality and availability of health care services
in the City and greater area and the development and operation of
a modern health care campus.
2.
Permitted uses:
A.
Hospitals.
B.
Medical residential campus.
C.
Assisted living, intermediate care and skilled nursing facilities.
D.
Medical and dental offices and clinics.
E.
Outpatient health services, including but not limited to medical
research and testing laboratories, radiological and diagnostic imaging
services, blood banks, outpatient surgery centers, and outpatient
clinics and patient care facilities.
F.
Health and fitness clubs.
G.
Commercial day-care centers.
H.
Churches and related uses.
I.
Municipal services, parks and playgrounds.
J.
Public utility structures.
K.
Banks.
L.
Restaurants, excluding fast-food or drive-thru facilities.
M.
Forestry uses, subject to the requirements of § 326 of
this chapter.
N.
Public, private and commercial schools.
O.
Accessory buildings, uses and services customarily incidental to
the above uses, including but not limited to the following:
(1)
Administrative offices.
(2)
Public uses and essential services, excluding incinerators (e.g.,
private central utility plant, electrical switching facility, steam
generation facility, heating facility, ventilation facility, and oxygen
facility).
(3)
Automobile parking lots and parking garages.
(4)
Housing for students, employees and their families in accordance
with the standards of the RU Zone.
(5)
Lodging facilities for patients and their families.
(6)
Retail sales of medical/health-care-related supplies (e.g.,
durable medical equipment, prosthetics, and pharmaceutical supplies)
and retail sales/service for the convenience of employees, patients
and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty
salons, automatic teller banking, and restaurants). All retail sales
and services shall be located within buildings in which other uses
permitted in this zone are located. Retail sales and services may
not exceed 5% of the floor area of existing buildings within this
zone.
(7)
Facilities for short-term, intermittent educational programs
which are not intended to prepare students for careers in health care
but, rather, are intended to inform employees, patients, health care
providers or the public regarding health care issues.[1]
[1]
Editor's Note: Former Subsection 2P, qualified oil and gas
operations, added 7/2/2012 by Ord. 275, which immediately followed
this subsection, was repealed 2/15/2016 by Ord. 296.
4.
Lot area, lot width, and lot coverage requirements:
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
| |
|---|---|---|---|
|
40,000
|
125
|
35%
|
5.
Minimum setback requirements (principal and accessory uses):
A.
Front yard setback. All buildings, structures (except permitted signs),
and outdoor loading areas shall be set back at least 40 feet from
the street right-of-way; off-street parking lots and outdoor storage
areas shall be set back a minimum of 10 feet from the street right-of-way.
B.
Side yard setbacks. All buildings and structures (except permitted
signs) shall be set back at least 20 feet from the side lot lines.
Off-street parking lots, loading areas, and outdoor storage areas
shall be set back at least 10 feet from the side lot lines, unless
joint parking facilities are shared by adjoining uses. In such instances,
one of the side yard setbacks can be waived solely for parking and/or
loading facilities.
C.
Rear yard setback. All buildings, structures, off-street parking
lots, loading areas, and outdoor storage areas shall be set back at
least 20 feet from the rear lot line.
D.
Residential buffer strip. Any lot adjoining land within a residential
zone shall maintain a fifty-foot setback, for nonresidential buildings,
structures, off-street parking lots, loading areas and outdoor storage
areas, from the residentially zoned parcels. Such areas shall be used
for a landscape strip and screen.
6.
Maximum permitted height: 75 feet; provided, however, that any structure
exceeding 35 feet in height shall be set back a horizontal distance
equal to its height from each property line. In no case shall building
or structural height violate the Airport Zone regulations listed in
§ 231 of this chapter.
7.
Off-street loading. Off-street loading shall be provided as specified
in § 313 of this chapter. In addition, no off-street loading
area shall be permitted on any side of a building facing adjoining
lands within a residential zone nor any side of a building facing
an adjoining street.
8.
Off-street parking. Off-street parking shall be provided as specified
in § 312 of this chapter.
9.
Signs. Signs shall be permitted as specified in § 315 of
this chapter.
10.
Access drive requirements. All access drives shall be in accordance
with § 311 of this chapter.
11.
Screening. A visual screen must be provided along any adjoining lands
within a residential zone, regardless of whether or not the residentially
zoned parcel is developed. (See § 314 of this chapter.)
12.
Landscaping.
A.
Any portion of the site not used for buildings, structures, parking
lots, loading areas, outdoor storage areas, and sidewalks shall be
maintained with a vegetative ground cover and other ornamental plantings.
(See § 314 of this chapter.)
B.
A minimum ten-foot-wide landscape strip shall be provided along all
property lines. Such landscape strip can be waived for that portion
of the site occupied by a joint parking lot and/or loading area shared
by adjoining uses.
13.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided that such dumpsters are screened from any adjoining
roads or properties. All dumpsters shall be set back a minimum of
50 feet from any adjoining residentially zoned properties. All waste
receptacles shall be completely enclosed within a masonry or framed
enclosure with a self-closing door or gate.
14.
Commercial operations standards. All commercial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies. For a listing of some
regulations, refer to § 318 of this chapter.
15.
Outdoor storage. Within this zone, outdoor storage is permitted,
provided that all outdoor storage areas are screened from adjoining
roads and properties and they comply with all of those setbacks specifically
imposed thereon, listed in this section.
16.
All uses permitted within this zone shall also comply with the applicable general provisions in Part 3 of this chapter.[2]
[2]
Editor's Note: Former Subsection 17, regarding oil and gas
operations as conditional uses, added 7/2/2012 by Ord. 275, which
immediately followed this subsection, was repealed 2/15/2016 by Ord.
296.
[Ord. 227, 12/18/2006]
1.
Purpose. This zone provides for light industrial manufacturing and
wholesale distribution facilities in an industrial park setting that
contributes to the well-being of the City by diversifying its economy
and providing valuable employment opportunities. The required lot
sizes have been kept small to accommodate the startup industries that
are likely to emerge; however, larger and heavier industries have
also been permitted. This zone provides for light industrial uses
as permitted by right but requires obtainment of a conditional use
permit for heavier and potentially more-objectionable types of industrial
uses. These areas have been located near existing public utility service
areas and along major roads. Design standards have been imposed to
create attractive site designs and moderate the objectionable impacts
associated with industrial uses. Substantial setbacks are used to
protect adjoining residences.
2.
Permitted uses:
A.
Agricultural and horticultural uses, subject to the standards listed
in § 200 of this chapter.
B.
Forestry uses, subject to § 326 of this chapter.
C.
Laboratories for medical, scientific, or industrial research and
development.
D.
Manufacturing, packaging, storage and/or wholesaling of the following:
(1)
Furniture, cabinets, fixtures, office supplies, and other household
appointments.
(2)
Scientific, specialized and technical instruments and equipment.
(3)
Audio visual components, computers, vending machines, electronic
equipment and video games.
(4)
Finished textile products.
(5)
Brushes, brooms, and combs.
(6)
Hot tubs, spas, saunas, and swimming pools.
(7)
Jewelry and other precious metals.
(8)
Photographic, lighting, and timekeeping equipment.
(9)
Small household appliances, excluding major appliances.
(10)
Musical instruments and sporting equipment.
(11)
Cosmetics, toiletries, and pharmaceuticals.
(12)
Optical, dental, and medical supplies and equipment.
(13)
Small or novelty products from prepared materials.
(14)
Powder coating and similar finishing operations.
(15)
Products formed from metal, metal powder, plastics, or similar
materials and any related processes.
[Added by Ord. 279, 1/21/2013]
G.
Bookbinding, printing, and publishing operations.
H.
Machine, tool and die, and metal fabrication shops.
I.
Repair shops for products permitted to be manufactured in this zone.
J.
Small engine repair shops.
K.
Welding shops.
L.
Sign makers.
M.
Offices.
N.
Municipal services, public utilities, and parks and playgrounds.
P.
Vocational and mechanical trade schools.
Q.
Commercial day-care facilities.
R.
Clubhouses.
S.
Animal shelters and veterinary offices with proper licensure.
U.
Accessory uses customarily incidental to the above permitted uses,
including accessory retail sales of products produced on-site so long
as the sales area is no more than 10% of the total building area or
3,000 square feet, whichever is less.
V.
Recycling collection facilities as an accessory use, provided that
such facilities are sufficiently enclosed to prevent the scattering
of debris, the materials collected are removed at regular intervals,
the facility is posted to prohibit the disposal of any material, good
or furnishing that cannot be placed within the actual recycling bin,
and the total size of the facility is less than 300 square feet.
W.
Industrial convenience uses as listed below, provided that such uses
are developed in a coordinated manner with shared access, shared off-street
parking and shared signage and do not consume more than five acres
of the zone within which they are located:
(1)
Banks and similar financial uses.
(2)
Restaurants, delicatessens and taverns.
(3)
Health and fitness clubs.
(4)
Dry cleaners and Laundromats.
(5)
Retail sales of office supplies and equipment.
(6)
Mailbox, photocopying and packaging stores.
(7)
Automobile filling stations with minor incidental repair.
3.
Special exception uses (subject to the requirements of § 604, Subsection 3, of this chapter):
A.
Automobile auctions and storage yards. (See § 407.)
B.
Billboards. (See § 412.)
C.
Communication towers and equipment that are not co-located upon an
existing structure. (See § 420.)
D.
Heavy equipment sales, service, and repair, such as excavation machinery,
commercial trucks, buses, farm equipment, mobile homes, trailers,
and other similar machinery. (See § 430.)
E.
Mini-warehouses. (See § 442.)
F.
Recycling facilities for paper, plastic, glass and metal products.
(See § 449.)
G.
Warehousing and wholesale trade establishments. (See § 457.)
4.
Conditional uses (subject to the requirements of § 704
of this chapter):
5.
Minimum lot area requirements. Unless otherwise specified, each use
within this zone shall have a minimum lot size of 40,000 square feet.
All uses relying upon on- lot sewers shall comply with § 317
of this chapter.
6.
Maximum lot coverage: 60%.
7.
Minimum lot width: 125 feet.
8.
Minimum setback requirements (principal and accessory uses):
A.
Front yard setback. All buildings, structures (except permitted signs),
off-street loading areas, dumpsters, and outdoor storage areas shall
be set back at least 40 feet from the adjoining right-of-way. All
parking lots shall be set back at least 20 feet from any adjoining
right-of-way.
B.
Side yard setbacks. All buildings, structures (except permitted signs),
dumpsters, and off-street loading areas shall be set back at least
30 feet from any side property lines. All outdoor storage areas and
off-street parking lots shall be set back at least 20 feet from any
side lot lines, unless joint parking lots and/or loading areas are
shared by adjoining uses. In such instances, one of the side yard
setbacks can be waived solely for parking and/or loading facilities.
C.
Rear yard setback. All buildings, structures, dumpsters, and off-street
loading areas shall be set back at least 35 feet from any rear property
lines. All outdoor storage areas and off-street parking lots shall
be set back at least 25 feet from any rear lot lines.
D.
Residential buffer strip. Any use adjoining land within a residential
zone, or across a road from land within a residential zone, shall
maintain a seventy-five-foot setback, for buildings, structures, dumpsters,
outdoor storage areas, and off-street loading areas, from the residential
zone. Off-street parking lots shall be set back at least 50 feet from
adjoining residentially zoned properties. All of these setback areas
shall be devoted to landscaping. (See § 314.)
[Amended by Ord. 279, 1/21/2013]
E.
Accessory recreation uses. These facilities can be developed in any
side or rear yard to within 50 feet of any property line.
9.
Maximum permitted structural height. The height of any principal
or accessory structure shall not exceed 50 feet, except that uninhabitable
structures and mechanical appurtenances may be built to a height not
exceeding 75 feet above the finished grade when erected upon or as
an integral part of a building. All structures extending above 50
feet from grade shall be set back a distance at least equal to their
height from all property lines. In no case shall building or structural
height violate the Airport Zone regulations listed in § 231
of this chapter.
[Amended by Ord. No. 314, 11/18/2019]
10.
Off-street loading. Off-street loading shall be provided as specified
in § 313 of this chapter. In addition, no off-street loading
area shall be permitted on any side of a building facing adjoining
lands within a residential zone nor any side of a building facing
an adjoining street.
11.
Off-street parking. Off-street parking shall be provided as specified
in § 312 of this chapter.
12.
Signs. Signs shall be permitted as specified in § 315 of
this chapter.
13.
Access drive requirements. All access driveways shall be in accordance
with § 311 of this chapter.
14.
Screening. A visual screen must be provided along any adjoining lands
within a residential zone, regardless of whether or not the residentially
zoned parcel is developed. (See § 314 of this chapter.)
15.
Landscaping.
A.
Any portion of the site not used for buildings, structures, parking
lots, loading areas, outdoor storage areas, and sidewalks shall be
maintained with a vegetative ground cover and other ornamental plantings.
(See § 314 of this chapter.)
B.
A minimum twenty-foot-wide landscape strip shall be provided along
all property lines. Such landscape strip can be waived for that portion
of the site occupied by a joint parking lot and/or loading area shared
by adjoining uses.
16.
Waste products. All dumpsters shall be set back a minimum of 75 feet from any adjoining residentially zoned properties and shall comply with § 302, Subsection 4, of this chapter.
17.
Industrial operations standards. All industrial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies. (See § 318
for a partial listing.)
18.
Outdoor storage. Within the LI Zone, outdoor storage is permitted,
provided that all outdoor storage areas are screened from adjoining
roads and properties and they comply with all of those setbacks specifically
imposed thereon, listed in this section. Outdoor display areas for
heavy equipment and vehicles need not be screened from adjoining roads.
[Ord. 227, 12/18/2006]
1.
Purpose. This zone provides for a wide variety of light industrial
uses that contribute to the well-being of the City by diversifying
its economy and providing valuable employment opportunities. In this
zone, uses are permitted with a minimum of regulations, reflecting
the built-up character of these areas that were largely developed
prior to local zoning regulations. While design standards imposed
between uses in this zone are minimal, buffering and screening regulations
aim to improve compatibility around the edges of the zones where they
abut other neighborhoods. Local officials should seize opportunities
to improve these buffers and screens when uses adapt and change.
2.
Permitted uses:
A.
Any use permitted by right within the Industrial Limited Zone as listed in § 220, Subsection 2, of this chapter.
B.
Natural gas processing plants.
[Added by Ord. 296, 2/15/2016]
C.
Well pads for unconventional wells, meeting all of the applicable
requirements of § 459.1.
[Added by Ord. 296, 2/15/2016]
4.
Conditional uses (subject to the requirements listed in § 704
this chapter):
A.
Adult-related uses. (See § 403.)
B.
Heavy industrial uses not permitted within the Industrial Limited
Zone. (See § 431.)
C.
Junkyards. (See § 437.)
D.
Mass transportation depots. (See § 439.)
E.
Methadone treatment facilities. (See § 440.)
F.
Mining, quarrying and related processing operations. (See § 441.)
G.
Principal waste-handling, recycling, processing and disposal facilities.
(See § 448.)
H.
Sawmills. (See § 450.)
I.
Slaughtering, processing, rendering, and packaging of products and
their by-products which are produced from the remains of animals.
(See § 454.)
J.
Truck or motor freight terminals. (See § 455.)
5.
Minimum lot area requirements. Unless otherwise specified, each use
within this zone shall have a minimum lot size of 40,000 square feet.
All uses relying upon on-lot sewers shall comply with § 317
of this chapter.
6.
Maximum lot coverage: 80%.
7.
Minimum lot width: 125 feet.
8.
Minimum setback requirements (principal and accessory uses):
A.
Front yard setback. All buildings, structures (except permitted signs),
off-street loading areas, dumpsters, outdoor storage areas, and parking
lots shall be set back at least 20 feet from any adjoining right-of-way.
B.
Side yard setbacks. All buildings, structures (except permitted signs),
dumpsters, off-street loading areas, outdoor storage areas and off-street
parking lots shall be set back at least 20 feet from any side lot
lines, unless joint parking lots and/or loading areas are shared by
adjoining uses. In such instances, one of the side yard setbacks can
be waived solely for parking and/or loading facilities.
C.
Rear yard setback. All buildings, structures, dumpsters, off-street
loading areas, outdoor storage areas and off-street parking lots shall
be set back at least 25 feet from any rear lot lines.
D.
Residential buffer strip. Any use adjoining land within a residential
zone, or across a road from land within a residential zone, shall
maintain a seventy-five-foot setback, for buildings, structures, dumpsters,
outdoor storage areas, and off-street loading areas, from the residential
zone. Off-street parking lots shall be set back at least 50 feet from
adjoining residentially zoned properties. All of these setback areas
shall be devoted to landscaping. (See § 314.)
[Amended by Ord. 279, 1/21/2013]
E.
Accessory recreation uses. These facilities can be developed in any
side or rear yard to within 50 feet of any property line.
9.
Maximum permitted structural height. The height of any principal
or accessory structure shall not exceed 50 feet, except that uninhabitable
structures and mechanical appurtenances may be built to a height not
exceeding 75 feet above the finished grade when erected upon or as
an integral part of a building. All structures extending above 50
feet from grade shall be set back a distance at least equal to their
height from all property lines. In no case shall building or structural
height violate the Airport Zone regulations listed in § 231
of this chapter.
[Amended by Ord. No. 314, 11/18/2019]
10.
Off-street loading. Off-street loading shall be provided as specified
in § 313 of this chapter. In addition, no off-street loading
area shall be permitted on any side of a building facing adjoining
lands within a residential zone.
11.
Off-street parking. Off-street parking shall be provided as specified
in § 312 of this chapter.
12.
Signs. Signs shall be permitted as specified in § 315 of
this chapter.
13.
Access drive requirements. All access driveways shall be in accordance
with § 311 of this chapter.
14.
Screening. A visual screen must be provided along any adjoining lands
within a residential zone, regardless of whether or not the residentially
zoned parcel is developed. (See § 314 of this chapter.)
15.
Landscaping. Any portion of the site not used for buildings, structures,
parking lots, loading areas, outdoor storage areas, and sidewalks
shall be maintained with a vegetative ground cover and other ornamental
plantings. (See § 314 of this chapter.)
16.
Waste products. All dumpsters shall be set back a minimum of 75 feet from any adjoining residentially zoned properties and shall comply with § 302, Subsection 4, of this chapter.
17.
Industrial operations standards. All industrial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies. (See § 318
for a partial listing.)
18.
Outdoor storage. Within the I Zone, outdoor storage is permitted,
provided that all outdoor storage areas are screened from adjoining
residentially zoned properties.
[Ord. 227, 12/18/2006]
1.
Purpose. It is hereby found that the streams, creeks and waterways
of the City are subject to recurring flooding, that such flooding
damages and endangers life and public and private property and facilities,
that this condition is aggravated by developments and encroachments
in the floodplain, and that the most appropriate method of alleviating
such condition is through regulation of such developments and encroachments.
It is therefore determined that the special and paramount public interest
in the floodplain justifies the regulation of property located therein
as provided in this section, which is in the exercise of the police
power of the municipality, for the protection of the persons and property
of its inhabitants, and for the preservation of the public health,
safety and general welfare.
2.
Specific objectives:
A.
To combine with present zoning requirements certain restrictions
made necessary for flood-prone areas to promote the general health,
welfare and safety of the City.
B.
To prevent the erection of structures in areas unfit for human usage
by reason of danger from flooding.
C.
To minimize danger to public health by protecting the quality and
quantity of surface and subsurface water supplies adjacent to and
underlying flood-prone areas and promoting safe and sanitary drainage.
D.
To permit only those uses which can be appropriately located in the
floodplain, as herein defined, and which will not impede the flow
or storage of floodwaters or otherwise cause danger to life and property
at, above, or below their locations along the floodplains.
E.
To provide sufficient drainage courses to carry abnormal flows or
stormwater in periods of heavy precipitation.
F.
To protect adjacent landowners and those both upstream and downstream
from damages resulting from development within a floodplain and the
consequent obstruction or increase in flow of floodwaters.
G.
To protect the entire City from individual uses of land which may
have an effect upon subsequent expenditures for public works and disaster
relief and adversely affect the economic well-being of the City.
H.
To protect other municipalities within the same watershed from the
impact of improper development and the consequent increased potential
for flooding.
I.
To provide areas for the temporary natural storage of floodwaters.
J.
To require that uses vulnerable to floods, including public facilities,
be constructed so as to be protected from flood damage in accordance
with the purpose and requirements of the National Flood Insurance
Program, P.L. 93-234.
K.
To comply with the federal and state floodplain management requirements.
3.
Delineation of lands within the Floodplain Overlay Zone. For purposes
of this chapter, areas contained within the Floodplain Overlay Zone
shall include the following:
A.
Any area located in the former Township of Benzinger subject to the
one-hundred-year flood, which is identified as a special flood hazard
area, Zone A or Zone AE, on the Flood Insurance Map (FIRM) as issued
by the Federal Emergency Management Agency (FEMA), dated January 18,
2012, or as may be revised by that agency or its successor.
[Amended by Ord. 268, 11/7/2011]
B.
In addition, the General Floodplain District (FA) shall be any area
located in the former Borough of St. Marys subject to the one-hundred-year
flood, which is identified as a special flood hazard area, Zone A,
on the Flood Insurance Rate Map (FIRM), dated January 18, 2012, as
issued by the Federal Insurance Administration, or as may be revised
by that agency or its successor.
[Amended by Ord. 268, 11/7/2011]
C.
In lieu of §§ 230, Subsection 3A, B and C, the City may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Such study shall be signed, sealed and certified by a registered professional of the Commonwealth of Pennsylvania. Such certification shall acknowledge the accuracy of the study or survey and the qualification of the individual to perform such study or survey. Copies of such studies and surveys shall be submitted by the Zoning Officer to the City Engineer and the Federal Emergency Management Agency, who shall have 30 days to comment. Any property owner whose property is so studied shall pay all costs of these studies and surveys, except for work done under retainer to, or on behalf of, the City.
D.
Description of floodplain areas. The identified floodplain area shall
consist of the following specific areas:
[Amended by Ord. 268, 11/7/2011]
(1)
FW (Floodway Area). The areas identified as "floodway" in the
A Zone or AE Zone in the Flood Insurance Studies, dated January 18,
2012, prepared by FIA or FEMA. The term shall also include floodway
areas which have been identified in other available studies or sources
of information for those floodplain areas where no floodway has been
identified in the Flood Insurance Study. For the purposes of this
Part, the floodway is based upon the criteria that a certain area
within the floodplain would be capable of carrying the waters of the
one-hundred-year flood without increasing the water surface elevation
of that flood more than one foot at any point.
 |
(2)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an A or AE Zone in the Flood
Insurance Studies, dated January 18, 2012, where a floodway has been
delineated. The basis for the outermost boundary of this area shall
be the one-hundred-year flood elevations as shown in the flood profiles
contained in the flood studies.
(3)
FE (Special Floodplain Area). The areas identified as Zone A
or AE in the Flood Insurance Studies, dated January 18, 2012, where
one-hundred-year flood elevations have been provided but no floodway
has been delineated. New development shall not be permitted unless
it is demonstrated that the cumulative effect of all past and projected
development will not increase the base flood elevation by more than
one foot.
(4)
FA (General Floodplain Area). The areas identified as Zone A
in the FEMA Flood Insurance Study, dated January 18, 2012, for which
no one-hundred-year flood elevations have been provided. When available,
information from other federal, state and other acceptable sources
shall be used to determine the one-hundred-year elevation, as well
as a floodway area, if possible. When no other information is available,
the one-hundred-year elevation shall be determined by using a point
on the boundary of the identified floodplain area which is nearest
the construction site in question. In lieu of the above, the City
may require the applicant to determine the elevation with hydrologic
or hydraulic engineering techniques. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the City of St. Marys, Elk
County, Pennsylvania.
4.
Boundary disputes.
A.
Should a dispute concerning any boundary of the Floodplain Overlay Zone arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board in accordance with § 604, Subsection 6, of this chapter. The burden of proof in such an appeal shall be on the applicant, and all hearings and procedures shall follow the requirements of § 603 of this chapter.
B.
All changes to the boundaries of the Floodplain Overlay Zone which affect areas identified in § 230, Subsection 3A, of this chapter are subject to the review and approval of the Federal Emergency Management Agency for compliance with the rules and regulations of the National Flood Insurance Program and Pennsylvania Act 166, the Pennsylvania Floodplain Management Act. Technical or scientific data shall be submitted by the applicant to the Federal Emergency Management Agency for a letter of map revision (LOMR) as soon as practicable but within six months of any new construction, development or other activity resulting in changes to the base flood elevation.
[Amended by Ord. 268, 11/7/2011]
5.
Relationship to other sections. The provisions of this section create
an overlay zoning district which is applicable within floodplains
in all other zoning districts established by this chapter and the
Zoning Map. To the extent that the provisions of this section are
applicable and more restrictive, they shall supersede conflicting
provisions within all other sections of this chapter and all other
ordinances of the City. However, all other provisions of all other
sections of this chapter and all other ordinances of the City shall
remain in full force. If there is any conflict between any of the
provisions of this chapter, the more restrictive shall apply.
[Amended by Ord. 268, 11/7/2011]
6.
Permitted uses. The following uses and development and no others
are permitted in the Floodplain Overlay Zone, provided that such uses
in no way diminish the capacity of the channels or floodway of any
stream, as defined herein, or raise the base flood elevation:
A.
Cultivation and harvesting crops according to recognized soil conservation
practices.
B.
Pasture and grazing of livestock (excluding feedlots) according to
recognized soil conservation practices, and further provided that
such livestock shall not be confined to pastures or other enclosures
located entirely within the Floodplain Overlay Zone.
C.
Outdoor plant nurseries or orchards according to recognized soil
conservation practices.
D.
Wildlife sanctuaries, woodland preserves, arboretums and passive
recreation or parks, including hiking, bicycle and bridle trails,
but including no facilities subject to damage by flooding.
E.
Game farms, fish hatcheries, or hunting and fishing reserves, for
the protection and propagation of wildlife, but permitting no structures.
F.
Forestry, lumbering and reforestation according to the requirements
of § 326 of this chapter.
G.
Front, side and rear yards and required lot area in any zone, provided
that such yards are not to be used for on-site sewage disposal systems.
H.
Normal accessory uses (excepting enclosed structures, freestanding
satellite dish antennas, fences and aboveground swimming pools) permitted
under the applicable zone district.
I.
Recreational uses, whether open to the public or restricted to private
use, such as parks, camps, picnic areas, golf courses, fishing areas,
sport or boating clubs, not to include enclosed structures, excepting
flood-proof toilet facilities, but permitting piers, docks, floats
or unenclosed shelters usually found in developed outdoor recreational
areas. Any flood-proof toilet facilities provided shall be connected
to public water and sewerage systems.
7.
Special exception uses. The following uses and development and no others are permitted by special exception in the Floodplain Overlay Zone, provided that such uses in no way diminish the capacity of the channels or floodway of any stream, as defined herein, or raise the base flood elevation and such uses comply with the specific requirements of § 230, Subsection 11, of this chapter:
A.
Sewage treatment plants, outlet installations for sewage treatment
plants and sewage pumping stations, with the approval of the City
Engineer, appropriate sewer authorities and the Pennsylvania Department
of Environmental Protection, when accompanied by documentation as
to the necessity for locating within the boundaries of the Floodplain
Overlay Zone.
B.
Sealed public water supply wells, with the approval of the Pennsylvania
Department of Environmental Protection.
C.
Dams, culverts, bridges, and altered or relocated watercourses, with
permits and/or approvals from the Pennsylvania Department of Environmental
Protection, Pennsylvania Public Utility Commission, and/or United
States Army Corps of Engineers. Furthermore, notification of such
actions shall be provided to all affected adjoining municipalities,
the Federal Emergency Management Agency and the Pennsylvania Department
of Community and Economic Development. The approval of a permit by
any of the preceding state or federal agencies for one of the uses
allowed by in this section shall in no way affect or conflict with
the requirements imposed upon the use under the regulations of this
Floodplain Overlay Zone.
D.
Sanitary or storm sewers and impoundment basins, with the approval
of the Pennsylvania Department of Environmental Protection.
8.
Prohibited development which may endanger human life. The following uses are prohibited from locating within the Floodplain Overlay Zone. This listing of prohibited uses and activities should not be interpreted to permit other activities not listed, unless they are permitted by §§ 230, Subsection 6 or 7, of this chapter:
A.
New or substantially improved structures which will be used for the
production or storage of any of the following materials or substances,
or which will be used for any activity requiring the maintenance of
a supply (more than 550 gallons or other comparable volume, or any
amount of radioactive substances) of any of the following materials
or substances on the premises, are prohibited within Floodplain Overlay
Zone:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbide disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil products and the like).
(13)
Phosphorous.
(14)
Potassium.
(15)
Sodium.
(16)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
B.
Hospitals, nursing homes, jails, new manufactured home parks, and
mobile home subdivisions, and substantial improvements to existing
manufactured home parks and subdivisions are prohibited within Floodplain
Overlay Zone.
C.
No variance shall be granted for any of these uses or activities
to locate in Floodplain Overlay Zones.
9.
Nonconforming uses and structures
in the Floodplain Overlay Zone.
A.
Continuation. All uses, structures or development lawfully existing in the Floodplain Overlay Zone on the effective date of this section which are not in conformity with the provisions of this chapter shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired, and floodproofed, except as prohibited by § 230, Subsections 9B and 9D(2), of this chapter. However, such nonconforming uses or structures may at any time be improved to comply with existing state or City health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions.
B.
Abandonment. Nonconforming uses or structures which have been discontinued
or vacated for 12 consecutive months shall be considered abandoned.
Vacation of land or structures or the nonoperative status of the use
normally carried on by the property shall be evidence of discontinuance.
No abandoned use or structure may be reestablished, repaired, or reoccupied.
The Council may require the removal of any abandoned nonconforming
use or structure upon prior notice to the owner of the property on
which an abandoned nonconforming use or structure exists. If the owner
has not completely removed the abandoned use or structure within a
reasonable amount of time, not to exceed nine months, the Council
shall have the authority to cause the removal to be accomplished,
the costs of such removal to be paid by the property owner.
C.
Expansion and modification. A nonconforming use or structure shall
not be expanded or modified in any manner which would increase or
aggravate flooding or flood hazards. Nothing shall be done which would
otherwise violate any of the provisions of this section. No nonconforming
use or structure shall be expanded, enlarged, or altered in any way
which increases its nonconformity with respect to height, area, yard,
and other requirements established in other sections of this chapter
nor in any way which causes it to occupy more space within the Floodplain
Overlay Zone than was occupied by it on the effective date of this
chapter.
D.
Replacement and rebuilding.
(1)
A nonconforming use or structure may be replaced, repaired or
rebuilt if it is damaged or destroyed by any means, including floods,
to the extent of less than 50% of its fair market value at the time
of its damage or destruction. In such a case, however, the nonconformity
of the new use or structure with respect to requirements as expressed
in the provisions of this chapter shall not exceed that of the original
use or structure which was damaged or destroyed. Nothing shall be
done which would otherwise violate any of the provisions of this section.
(2)
A nonconforming use or structure which has been damaged or destroyed by any means, including floods, to the extent of 50% or more of its fair market value at the time of its damage or destruction shall not be replaced, restored, repaired, reconstructed, improved, or rebuilt in any way other than in complete conformity and full compliance with § 230, Subsection 11C, and all other sections of this chapter and all other ordinances of the City. The Zoning Hearing Board may waive, as a special exception, the requirements of this subsection where it is shown that such requirements could not be met on land owned by the appellant or where such requirements would impose undue hardship to the appellant in the efficient operations of the premises. In such a case, the Zoning Hearing Board shall be authorized to grant only the minimum relief necessary, and the least modification possible of the provisions of this section, while respecting and maintaining the purpose and intent of this section.
(3)
The Zoning Officer shall have the initial responsibility of
determining the percent of damage or destruction and the fair market
value of the damaged or destroyed use or structure at the time of
its damage or destruction and may call on any experts or authorities
he may deem necessary to assist him in arriving at a fair and impartial
determination. Appeals of the decision of the Zoning Officer may be
made to the Zoning Hearing Board.
(4)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its fair market value, shall be elevated and/or floodproofed
to the greatest extent possible.
F.
Special requirements for mobile homes.
(1)
Mobile homes are prohibited in the Floodplain Overlay Zone,
except as a continuation of a nonconforming use.
(2)
If any existing mobile home shall be replaced, reconstructed,
or expanded by addition thereto, then the mobile home shall be:
(a)
Anchored to resist flotation, collapse or lateral movement by
providing over-the-top and frame ties to ground anchors in accordance
with the following:
[1]
Over-the-top ties shall be provided at each of the four corners
of the mobile home, with two additional ties per side at intermediate
locations for units 50 feet or more in length, and one additional
tie per side for units less than 50 feet in length.
[2]
Frame ties shall be provided at each corner of the mobile home,
with five additional ties per side at intermediate locations for units
50 feet or more in length, and four additional ties per side for units
less than 50 feet in length.
[3]
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
(b)
Elevated in accordance with the following requirements:
(3)
An evacuation plan, indicating alternate vehicular access and
escape routes, shall be filed with the City Council for manufactured
home parks.
10.
Elevation and construction requirements.
A.
Applicability. The standards included in this section are to be used,
together with the provisions of all other sections and all other ordinances
in force in the City, by the Zoning Officer and Zoning Hearing Board
in their administration of this section. In order to prevent excessive
damage to buildings and structures due to flooding conditions, the
following provisions shall apply to all proposed construction or development
occurring in any of the Floodplain Overlay Zones.
B.
Regulations and reviews by other agencies.
(1)
Where applicable and where possible, all necessary permits or
other written approvals must be obtained from all other agencies before
any approvals of special exceptions, variances, or permits may be
granted by the City.
(2)
Where necessary permits or written approvals from other agencies
cannot be obtained prior to action by the City, any approval of special
exceptions, variances, or permits by the City shall be conditioned
upon receiving such other agencies' permits or written approvals.
(3)
No regulations of the commonwealth governing watercourses are
amended or repealed by this chapter. Prior to any proposed alteration
or relocation of any watercourse, a permit shall be obtained from
the Pennsylvania Department of Environmental Protection, Dams and
Encroachment Division, and notification of any such proposal shall
be given to all affected adjacent municipalities. Copies of such permit
applications and municipal notifications shall be forwarded to the
Federal Insurance Administration and to the Pennsylvania Department
of Community and Economic Development. The flood-carrying capacity
of any altered or relocated watercourse shall be maintained.
[Amended by Ord. 268, 11/7/2011]
C.
Residential structures. Within any designated Floodplain Overlay
Zone, the lowest floor (including basement) of any new or improved
residential structure shall be at least 1 1/2 feet above the
one-hundred-year flood elevation.
D.
Nonresidential structures. Within any designated Floodplain Overlay
Zone, the lowest floor (including basement) of any new or improved
nonresidential structure shall be at least 1 1/2 feet above the
one-hundred-year flood elevation or be designed and constructed so
that the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height. Any structure,
or part thereof, which will not be completely or adequately elevated
shall be designed and constructed to be completely or essentially
dry in accordance with the standards contained in the publication
entitled "Floodproofing Regulations" (U.S. Army Corps of Engineers,
June 1972). A registered professional engineer or architect shall
certify that the design, specifications, and plans for any nonresidential
structure that is intended to be made watertight below the base flood
elevation shall be substantially impermeable to the passage of water
and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy; and such
certification, which includes the specific elevation (in relation
to mean sea level) to which such structures are floodproofed, shall
be submitted to the Floodplain Administrator.
[Amended by Ord. 268, 11/7/2011]
E.
Anchoring.
(1)
All buildings or structures shall be anchored to prevent flotation,
movement or collapse in accordance with accepted engineering practices.
(2)
All air ducts, large pipes and storage tanks located at or below
the established flood elevation shall be firmly anchored to prevent
flotation in accordance with accepted engineering practices.
F.
Placement of buildings and structures.
(1)
All buildings and structures shall be designed, constructed
and placed on the lot so as to offer the minimum obstruction to the
flow of water.
(2)
The following shall not be placed or caused to be placed in
identified flood-prone areas: fences, except two-wire fences, other
structures or other matter which may impede, retard or change the
direction of the flow of water or that will catch or collect debris
carried by such water or that is placed where the natural flow of
the stream of floodwaters would carry the same downstream to the damage
or detriment of either public or private property adjacent to the
flood-prone areas.
G.
Floors, walls and ceilings.
(1)
Wood floorings used below an elevation of one foot above the
established flood elevation shall be installed to accommodate a lateral
expansion of the flooring, perpendicular to the flooring grain, without
incurring structural damage to the building.
(2)
All finished flooring below an elevation of one foot above the
established flood elevation shall be made of materials which are stable
and resistant to water damage resulting from submersion.
(3)
All carpeting or carpet cushions employed as a finished flooring
surface below an elevation of one foot above the established flood
elevation shall be made of materials which are resistant to water
damage resulting from submersion.
(4)
Plywood used below an elevation of one foot above the established
flood elevation shall be of an exterior or marine grade of water-resistant
or waterproof variety.
(5)
Basement ceilings below an elevation of one foot above the established
flood elevation shall have sufficient wet strength and be so installed
as to survive inundation.
(6)
Space below the lowest floor.
[Added by Ord. 268, 11/7/2011]
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space shall be provided.
[2]
The bottom of all openings shall be no higher than one foot above
grade.
[3]
Openings may be equipped with screens, louvers, etc., or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
H.
Electrical systems.
(1)
All electrical water heaters, electric furnaces, and other critical
electrical installations shall be prohibited below an elevation of
one foot above the established flood elevation.
(2)
Electrical distribution panels shall be placed at least three
feet above the established one-hundred-year flood elevation.
(3)
Separate electrical circuits serving areas below the established
flood elevation shall be dropped from above.
I.
Plumbing.
(1)
Water heaters, furnaces, and other critical mechanical installations
shall be prohibited below an elevation of one foot above the established
flood elevation.
(2)
No part of any on-site sewage disposal system shall be allowed
within the identified flood-prone area(s).
(3)
Water supply systems and sanitary sewage systems shall be designed
to preclude infiltration of floodwaters into the systems and discharges
from the system into floodwaters.
(4)
All gas and oil supply systems shall be designed to preclude
the infiltration of floodwaters into the systems and discharges from
the systems into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
J.
Paints and adhesives.
(1)
Adhesives used below an elevation of one foot above the established
flood elevation shall have a bonding strength that is unaffected by
inundation.
(2)
Doors and all wood trim used below an elevation of one foot
above the established flood elevation shall be sealed with a waterproof
paint or similar product.
(3)
Paints or other finishes used below an elevation of one foot
above the established flood elevation shall be capable of surviving
inundation.
K.
Storage. No materials that are buoyant, flammable, explosive or,
in times of flooding, could be injurious to human, animal, or plant
life shall be stored in a flood-prone area unless they are properly
anchored and/or floodproofed to preclude their causing damage to life
and property.
L.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure drainage at all points along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
M.
Sanitary sewer facilities. All new or replacement sanitary sewer
facilities and private package sewage treatment plants (including
all pumping stations and collector systems) shall be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into the floodwaters. In addition, they should be
located and constructed to minimize or eliminate flood damage and
impairment.
N.
Water facilities. All new or replacement water facilities shall be
designed to minimize or eliminate infiltration of floodwaters into
the system and be located and constructed to minimize or eliminate
flood damages.
O.
Utilities. All utilities, such as gas lines, electrical and telephone
systems, being placed in flood-prone areas should be located, elevated
(where possible) and constructed to minimize the chance of impairment
during a flood.
11.
Standards and criteria for special exceptions and variances. In addition
to the provisions of this chapter, in hearing and deciding upon special
exceptions and/or variances to the provisions of this § 230,
the Zoning Hearing Board shall also determine that the following standards
and criteria have been complied with:
A.
No special exception shall be granted for any use except those specifically permitted by § 230, Subsection 7, of this chapter.
B.
No special exception or variance shall be granted for any use, structure
or development that would diminish the capacity of the channels or
floodway of any stream, as defined herein, or raise the base flood
elevation, unless specifically authorized by the Federal Emergency
Management Agency.
C.
In addition to the standards generally applicable to variances, variances
shall only be granted upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will not result in
an increase in the base flood level unless hydrologic and hydraulic
analyses prove that the proposed encroachment would not increase flood
levels during the base flood discharge, create additional threats
to public safety or extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with any
other applicable laws, ordinances or regulations.
D.
Variances shall only be granted upon the determination that the variances
are the minimum necessary to afford relief, considering the flood
hazard. The applicant must also comply with any other conditions imposed
by the Zoning Hearing Board.
E.
Whenever a variance is granted, the Board shall notify the applicant,
in writing, that:
F.
In granting a special exception or variance, the Board shall require
that all buildings and structures shall be designed and constructed
so as to have the capability of resisting the one-hundred-year flood.
G.
A complete record of all variance requests and actions, including
justifications for granted variances, shall be maintained by the Board.
The Board shall report such decisions in the annual report sent to
the Federal Emergency Management Agency.
H.
In hearing and deciding upon variances or special exceptions to this section, the burden of proof shall be on the applicant. The Zoning Hearing Board may require the applicant to submit such plans, specifications, and other information as it may deem necessary to assist in arriving at a fair and impartial determination. Such information shall be signed, sealed and certified by a registered professional of the Commonwealth of Pennsylvania. Such certification shall acknowledge the accuracy of the information and the qualification of the individual to provide such information. In addition to that information required by §§ 230, Subsection 11, and 701 of this chapter, such required information may include but is not limited to the following:
(1)
Plans, drawn to scale, showing the nature, location, dimensions,
and elevations of the lot, existing or proposed structures, fill,
storage of materials, floodproofing measures, and the relationship
of the above to the location of the channel.
(2)
A typical valley cross-section, showing the channel of the watercourse,
elevations of land areas adjoining each side of the channel, cross-sectional
areas to be occupied by the proposed development, and high-water information.
(3)
A plan (surface view) showing elevations or contours of the
ground; pertinent structure, fill or storage elevations; size, location,
and spatial arrangement of all proposed and existing structures on
the site; location and elevations of streets, water supply facilities,
and sanitary facilities; photographs showing existing land uses and
vegetation upstream and downstream; soil types; and other pertinent
information.
(4)
A profile showing the slope of the bottom of the channel or
flow line of the watercourse.
(5)
Specifications for building construction and materials, floodproofing,
filling, dredging, grading, channel improvement, storage of materials,
water supply facilities and sanitary facilities.
(6)
Evidence that all other necessary government permits required
by state and federal laws have been obtained, such as those required
by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
(7)
Evidence that the proposed use is consistent with the need to
minimize flood damage and conforms with the requirements of this chapter
and all other applicable codes and ordinances.
(8)
Evidence that all utilities and facilities, such as sewer, gas,
electrical and water systems, are located and constructed to minimize
or eliminate flood damage.
(9)
Evidence that adequate drainage is provided so as to reduce
exposure to flood hazards.
I.
In hearing and deciding upon special exceptions, the Zoning Hearing
Board shall consider all relevant factors and procedures specified
in other sections of this chapter and:
(1)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(2)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(4)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility
to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding
for the proposed use.
(8)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
(10)
The safety of access to the property in times of flood by ordinary
and emergency vehicles.
(11)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site.
(12)
Such other factors which are relevant to the purposes of this
chapter.
J.
Supplemental technical review. The Zoning Hearing Board may refer
any application and accompanying documentation pertaining to any request
for a special exception or variance to any engineer or other qualified
person or agency for technical assistance in evaluating the proposed
project in relation to flood heights and velocities and the adequacy
of the plans for protection and other related matters, such as the
adequacy of hydrologic and hydraulic analyses being performed in accordance
with standard engineering practices.
12.
Municipal liability.
[Amended by Ord. 268, 11/7/2011]
A.
The
lawful granting of a permit or making of any administrative decision
under this section shall not constitute a representation, guaranty,
or warranty of any kind by the City of Saint Mary's, or by any official,
agent, or employee thereof, of the practicability or safety of any
structure, use, or other plan proposed with respect to damage from
flood or otherwise and shall create no liability upon, or a cause
of action against, such public body, official, agent, or employee
for any flood damage that may result pursuant thereto or as a result
of reliance on this section. Larger floods may occur or flood heights
may be increased by man-made or natural causes such as ice jams or
bridge openings restricted by debris. There is also no assurance that
lands not included in the Floodplain Overlay Zone are now or ever
will be free from flooding or flood damage.
B.
This
chapter shall not create liability on the part of the City of St.
Marys or any officer or employee thereof for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
[Ord. 227, 12/18/2006]
1.
Purpose. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the St. Marys Area Airport. Such zones are shown on the St. Marys Area Airport Zoning District Map, which is attached to this chapter and made a part hereof.[1] An area located in more than one of the following zones
is considered to be only in the zone with the more-restrictive height
limitation.
[1]
Editor's Note: The Airport Zoning District Map is on file
in the City offices.
2.
Various airport zones. The various zones are hereby established and
defined as follows:
A.
Utility Runway Visual Approach Zone. The inner edge of this zone
coincides with the width of the primary surface and is 250 feet wide.
The approach zone expands outward uniformly to a width of 1,250 feet
at a horizontal distance of 5,000 feet from the primary surface. Its
center line is the continuation of the center line of the runway.
B.
Utility Runway Non-Precision Instrument Approach Zone. The inner
edge of this approach zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 2,000 feet at a horizontal distance 5,000 feet from the
primary surface. Its center line is the continuation of the center
line of the runway.
C.
Runway Larger Than Utility Visual Approach Zones. The inner edge
of this zone approach coincides with the width of the primary surface
and is 500 feet wide. The zone expands outward uniformly to a width
of 1,500 feet at a horizontal distance of 5,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
D.
Runway Larger Than Utility With a Visibility Minimum Greater Than
Three-Fourths Mile Non-Precision Instrument Approach Zone. The inner
edge of this approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach zone expands outward uniformly
to a width of 3,500 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
E.
Runway Larger Than Utility With a Visibility Minimum As Low As Three-Fourths
Mile Non-Precision Instrument Approach Zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach zone expands outward uniformly to
a width of 4,000 feet at a horizontal distance of 50,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
F.
Precision Instrument Runway Approach Zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The zone expands outward uniformly to a width
of 16,000 feet at a horizontal distance of 50,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
G.
Transitional Zones. The transitional zones are the areas beneath
the transitional surfaces.
H.
Horizontal Zone. The horizontal zone is established by swinging arcs
of 5,000 feet radii for all runways designed utility or visual and
10,000 feet for all others from the center of each runway and connecting
the adjacent arcs by drawing lines tangent to those arcs. The horizontal
zones do not include the approach and transitional zones.
I.
Conical Zone. The conical zone is established as the area that commences
at the periphery of the horizontal zone and extends outward therefrom
a horizontal distance of 4,000 feet.
3.
Airport zone height limitations. Except as otherwise provided in
this section, no structure shall be erected, altered or maintained
and no tree shall be allowed to grow in any zone created by this chapter
to a height in excess of the applicable height limit herein established
for each of the zones in question as follows:
A.
Utility Runway Visual Approach Zone. Slopes 20 feet outward for each
foot upward beginning at the end of and at the same elevation as the
primary surface and extending to a horizontal distance of 5,000 feet
along the extended runway center line.
B.
Utility Runway Non-Precision Instrument Approach Zone. Slopes 20
feet outward for each foot upward, beginning at the end of and at
the same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
C.
Runway Larger Than Utility Visual Approach Zone. Slopes 20 feet outward
for each foot upward, beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
D.
Runway Larger Than Utility With a Visibility Minimum Greater Than
Three-Fourths Mile Non-Precision Instrument Approach Zone. Slopes
34 feet outward for each foot upward, beginning at the end of and
at the same elevation as the primary surface and extending to a horizontal
distance of 10,000 feet along the extended runway center line.
E.
Runway Larger Than Utility With a Visibility Minimum As Low As Three-Fourths
Mile Non-Precision Instrument Approach Zone. Slopes 34 feet outward
for each foot upward, beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line.
F.
Precision Instrument Runway Approach Zone. Slopes 50 feet outward
for each foot upward, beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line; thence slopes upward 40
feet horizontally for each foot vertically to an additional horizontal
distance of 40,000 feet along the extended runway center line.
G.
Transitional Zones. Slopes seven feet outward for each foot upward,
beginning at the sides of and at the same elevation as the primary
surface and the approach surface, extending to a height of 150 feet
above the airport elevation, which is 1,937 feet above mean sea level.
In addition to the foregoing, when an airport has a precision instrument
runway approach zone, there are established height limits sloping
seven feet outward for each foot upward, beginning at the sides of
and at the same elevation as the approach surface, and extending to
where they intersect the conical surface. Where the precision instrument
runway approach zone projects beyond the conical zone, there are established
height limits sloping seven feet outward for each foot upward, beginning
at the sides of and at the same elevation as the approach surface,
and extending a horizontal distance of 5,000 feet, measured at 90°
angles to the extended runway center line.
H.
Horizontal Zone. Established at 150 feet above the established airport
elevation, or at a height of 2,087 feet above mean sea level.
I.
Conical Zone. Slopes 20 feet outward for each foot upward, beginning
at the periphery of the horizontal surface and at 150 feet above the
established airport elevation, and extending to a height of 350 feet
above the airport elevation.
J.
Expected height limitations. Nothing in this section shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree to a height up to 50 feet above the surface of
the land.
4.
Use restrictions. Notwithstanding any other provisions of this section,
no use may be made of land or water within any zone established by
this chapter in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards or otherwise in any way endanger or interfere
with the landing, takeoff or maneuvering of aircraft intending to
use the airport.
5.
Nonconforming uses.
A.
Regulations not retroactive. The regulations prescribed by this section
shall not be construed to require the removal, lowering or other change
or alteration of any structure or trees not conforming to the regulations
as of the effective date of this chapter nor otherwise interfere with
the continuance of any nonconforming use. Nothing contained herein
shall require any change in the construction, alteration or intended
use of any structure, the construction or alteration of which was
begun prior to the effective date of this chapter and which is diligently
executed.
B.
Marking and lighting. Notwithstanding the preceding provision of
this section, the owner of any existing nonconforming structure or
tree is hereby required to permit the installation, operation and
maintenance thereon or nearby of such markers and lights as shall
be deemed necessary by the Airport Manager to indicate to the operators
of aircraft in the vicinity of the airport the presence of such airport
obstruction. Such markers and lights shall be installed, operated
and maintained at the expense of the airport.
6.
Permits and variances.
A.
Future uses. Except as specifically provided in Subsection 6A, B or C hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created by this section unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with this section.
(1)
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limits prescribed for zones.
(2)
In areas lying within the limits of the approach zones, but
at a horizontal distance of not less than 4,200 feet from each end
of the runway, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zones.
(3)
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this section, except as set forth by § 231, Subsection 3J, of this chapter.
B.
Existing uses. No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use, structure
or tree to become a greater hazard to air navigation than it was on
the effective date of this chapter, or any amendment thereto, or than
it is when the application for a permit is made. Except as indicated,
all applications for such a permit shall be granted.
C.
Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer
determines that a nonconforming tree or structure has been abandoned
or more than 80% torn down, physically deteriorated or decayed, no
permit shall be granted that would allow such structure or tree to
exceed the applicable height limit or otherwise deviate from this
section.
D.
Variances.
(1)
Any person desiring to erect any structure or increase the height
of any structure or permit the growth of any object of natural growth
or otherwise use his property in violation of airport zoning regulations
may apply to the St. Marys Zoning Hearing Board for a variance from
the zoning regulations in question.
(2)
The application for variance shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. Such variance shall be allowed where it
is duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and relief (if) granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accordance
with the spirit of this section. Additionally, no application for
variance to the requirements of this section may be considered by
the Zoning Hearing Board unless a copy of the application has been
furnished to the Airport Manager for advice as to the aeronautical
effects of the variance. If the Airport Manager does not respond to
the application within 15 days after receipt, the Zoning Hearing Board
may act to grant or deny said application.
E.
Marking and lighting. Any permit or variance granted may, if such
action is deemed advisable to effectuate the purposes of this chapter
and be reasonable in the circumstances, be so conditional as to require
the owner of the structure or tree in question to install, operate
and maintain, at the owner's expense, such markings and lights as
may be necessary. If deemed proper by the Zoning Hearing Board, this
condition may be modified to require the owner to permit the St. Marys
Area Airport, at its own expense, to install, operate, and maintain
the necessary markings and lights.
