Part 2 ZONE REGULATIONS

[Ord. 227, 12/18/2006]

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.

Permitted uses:

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.

Forestry uses, subject to the requirements of § 326 of this chapter.

Uses devoted to the conservation of natural resources.

Municipal services, parks and playgrounds.

Public and private schools.

Churches, cemeteries and related uses.

Public utility structures.

Single-family detached dwellings, camps and cottages.

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.

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.

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.

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.

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.

(Reserved)[1]

[1]

Editor's Note: Former Subsection 2N, regarding communication antennas that are co-located upon existing structures, was repealed by Ord. No. 314, 11/18/2019.

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.

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:

[1]

Group 1 animals:

[a]

Up to 25 animals: a twenty-five-foot setback.

[b]

Above 25 animals: a fifty-foot setback.

[2]

Group 2 animals:

[a]

Up to 2 animals: a twenty-five-foot setback.

[b]

Above 2 animals: a fifty-foot setback.

[3]

Group 3 animals: 50 feet.

(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.

(d)

The outdoor furnace shall comply with Chapter 7, Part 1, Outdoor Fires, of the Saint Marys City Code.

(e)

The minimum required lot size for an outdoor furnace shall be 40,000 square feet.

[Amended by Ord. 306, 9/18/2017]

Conventional wells, meeting all of the requirements of the Pennsylvania Oil and Gas Act, as from time to time amended.[2]

[Added by Ord. 275, 7/2/2013, amended by Ord. 296, 2/15/2016]

[2]

Editor's Note: See 58 P.S. § 601.101 et seq.

Special exception uses (subject to the requirements listed in § 604, Subsection 3, of this chapter):

Campgrounds. (See § 414.)

Commercial produce operations. (See § 418.)

Communication towers and equipment that are not co-located upon an existing structure. (See § 420.)

Concentrated animal feeding operations. (See § 421.)

Golf courses. (See § 429.)

Nursery and garden centers and contractors. (See § 443.)

Nursing, rest or retirement homes. (See § 444.)

Wind farms. (See § 458.)

Well pads for unconventional wells, meeting all of the applicable requirements of Section 459.1.

[Added by Ord. 296, 2/15/2016]

Natural gas compression stations, meeting all of the requirements of § 459.1.

[Added by Ord. 296, 2/15/2016]

Disposal wells, meeting all of the applicable requirements of § 459.1.

[Added by Ord. 296, 2/15/2016]

Digital currency mining. (See § 460.)

[Added by Ord. No. 334, 1/16/2023]

Community solar energy system. (See § 461.)

[Added by Ord. No. 334, 1/16/2023]

Grid-scale solar energy system. (See § 461.)

[Added by Ord. No. 334, 1/16/2023]

Conditional uses (subject to the requirements listed in § 704 of this chapter):

Airports/heliports. (See § 404.)

Cluster developments. (See § 416.)

Manufactured home parks. (See § 438.)

Mining, quarrying, and related processing facilities. (See § 441.)

Sawmills. (See § 450.)

Septage and/or spent mushroom compost processing or commercial mushroom operations. (See § 451.)

Shooting ranges. (See § 452.)[3]

[3]

Editor's Note: Former Subsection 4H, regarding oil and gas operations as conditional uses, added 11/7/2011 by Ord. 269, as amended, which immediately followed this subsection, was repealed 2/15/2016 by Ord. 296.

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
Use	Minimum Lot Area¹	Minimum Lot Width (feet)	Maximum Lot Coverage	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.

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.

Maximum permitted height:

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 25 feet.

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.

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.

All uses permitted within this zone shall also comply with all applicable general provisions contained within Part 3 of this chapter.

§ 201 Residential Suburban Zone (RS).

[Ord. 227, 12/18/2006]

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.

Permitted uses:

Agricultural, horticultural and forestry uses, excluding concentrated animal feeding operations subject to the standards listed in § 200 of this chapter.

Single-family detached dwellings.

Municipal services, parks and playgrounds.

Public and private schools.

Churches, cemeteries and related uses.

Public utility structures.

No-impact home-based businesses.

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.

Special exception uses (see § 604, Subsection 3):

Bed-and-breakfasts. (See § 411.)

ECHO housing. (See § 425.)

Family day-care facilities. (See § 426.)

Home occupations. (See § 434.)

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
Utilized Public Utilities	Minimum Lot Area (square feet)		Maximum Lot Coverage	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.

Maximum permitted height:

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 20 feet.

All uses permitted within this zone shall also comply with the applicable general provisions contained in Part 3 of this chapter.

§ 202 Residential Urban Zone (RU).

[Ord. 227, 12/18/2006]

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.

Permitted uses:

Single-family detached dwellings.

Duplexes.

Forestry uses, subject to § 326 of this chapter.

Municipal services, parks and playgrounds.

Public and private schools.

Churches, cemeteries and related uses.

Public utility structures.

No-impact home-based businesses.

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]

[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.

Special exception uses (see § 604, Subsection 3):

Accessory detached structures exceeding 900 square feet of total floor area. (See § 401.)

Accessory dwelling units. (See § 402.)

Boardinghouses. (See § 413.)

Bed-and-breakfasts. (See § 411.)

Family day-care facilities. (See § 426.)

Home occupations. (See § 434.)

Office and retail conversions. (See § 445.)[2]

[2]

Editor's Note: Former Subsection 3H, Two-family conversions, which immediately followed, was repealed by Ord. No. 314, 11/18/2019.

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
Use	Minimum Lot Area¹	Minimum Lot Width (feet)	Maximum Lot Coverage	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.

Maximum permitted height:

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 15 feet.

All uses permitted within this zone shall also comply with the applicable general provisions contained in Part 3 of this chapter.

§ 203 Residential Flexible Zone (RF).

[Ord. 227, 12/18/2006]

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.

Permitted uses:

Single-family detached dwellings.

Duplexes.

Townhouses.

Multifamily dwellings.

Forestry uses, subject to the requirements of § 326 of this chapter.

Municipal services, parks and playgrounds.

Public and private schools.

Churches, cemeteries and related uses.

Public utility structures.

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] 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.

Special exception uses (see § 604, Subsection 3):

Bed-and-breakfasts. (See § 411.)

Boardinghouses. (See § 413.)

Family day-care facilities. (See § 426.)

Funeral homes. (See § 428.)

Home occupations. (See § 434.)

Nursing, rest or retirement homes. (See § 444.)

Office and retail conversions. (See § 445.)[2]

[2]

Editor's Note: Former Subsection 3H, Two-family conversions, which immediately followed, was repealed by Ord. No. 314, 11/18/2019.

Conditional uses (see § 704):

Manufactured home parks. (See § 438.)

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
Use	Minimum Lot Area¹	Minimum Lot Width (feet)	Maximum Lot Coverage	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
Townhouses^1,3	N/A	20 per unit	60%	20	10 (end units)	10
Multifamily dwellings^2,3	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.

Maximum permitted height:

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 15 feet.

All uses permitted within this zone shall also comply with the applicable general provisions contained in Part 3 of this chapter.

§ 204 through § 209. (Reserved)

§ 210 Central Business Zone (CB).

[Ord. 227, 12/18/2006]

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.

Permitted uses:

Forestry uses, subject to the standards listed in § 326 of this chapter.

Municipal services, parks and playgrounds.

Public uses and public utility structures.

Banks and similar financial institutions, excluding drive-thru lanes.

Hotels.

Medical or dental clinics.

Offices.

Public, private and commercial schools.

Restaurants and taverns (excluding outdoor cafes and drive-thru or fast-food restaurants).

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.

Retail services, including barber/beauty salons; tailors and shoe repair; tanning salons; and fitness, dance or karate centers.

Art or antique shops, museums and libraries.

Delicatessens, bakers and caterers.

Churches and related uses, excluding cemeteries.

Private clubhouses.

Automobile parking compounds, garages, and mass transit terminals.

Movie theaters, auditoriums and other places of public assembly.

Accessory uses customarily incidental to the above permitted uses.

[1] Upper floor (non-first floor or ground floor) residential unit(s).

[Added by Ord. No. 314, 11/18/2019]

[1]

Editor's Note: Former Subsection 2S, 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.

Special exception uses (see § 604, Subsection 3):

Banks and similar financial institutions with drive-thru lanes. (See § 410.)

Commercial day-care facilities. (See § 417.)

(Reserved)[2]

[2]

Editor's Note: Former Subsection 3C, Conversion apartments, was repealed by Ord. No. 314, 11/18/2019.

Drive-thru and/or fast-food restaurants. (See § 423.)

Dry cleaners and laundry stations (drop off and pick up only). (See § 424.)

Funeral homes. (See § 428.)

Hotels. (See § 435.)

Outdoor cafes. (See § 447.)

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.

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]

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.

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.

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.

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.

§ 211 Highway Commercial Zone (HC).

[Ord. 227, 12/18/2006]

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.

Permitted uses:

Forestry uses, subject to the requirements of § 326 of this chapter.

Offices.

Banks and similar financial institutions.

Restaurants and taverns (but not including drive-thru or fast-food restaurants or nightclubs).

Retail sale of goods and services (including auto parts stores, without installation, but excluding adult-related uses).

Hotels, motels and similar lodging facilities.

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).

Theaters and auditoriums.

Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinetmaking, and other structural components of buildings.

Municipal services, public utilities and parks and playgrounds.

Dry cleaners, laundries and Laundromats.

Churches and related uses.

Health and fitness clubs.

Public, private and commercial schools.

Medical and dental clinics.

Animal shelters and veterinary offices with no animals kept outside.

Convenience stores.

Breweries, brew pubs and micro-breweries.

Accessory uses customarily incidental to the above permitted uses.

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.

Special exception uses (subject to the requirements listed in § 604, Subsection 3, of this chapter):

Amusement arcades. (See § 405.)

Automobile filling stations (including minor incidental repair). (See § 408.)

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.)

Billboards. (See § 412.)

Car washes. (See § 415.)

Commercial recreation facilities. (See § 419.)

Drive-thru and/or fast-food restaurants. (See § 423.)

Farmers', antiques and/or flea markets. (See § 427.)

Funeral homes. (See § 428.)

Heavy equipment sales, service, and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers, and other similar machinery. (See § 430.)

Home improvement and building supply stores. (See § 433.)

Mini-warehouses. (See § 442.)

Conditional uses (subject to the requirements listed in § 704 of this chapter):

Amusement, theme or zoo parks. (See § 406.)

Off-track betting parlors. (See § 446.)

Shopping centers involving any use permitted in this zone. (See § 453.)[2]

[2]

Editor's Note: Former Subsection 4D, 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.

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.

Minimum setback requirements (principal and accessory uses):

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.

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.

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.

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.

Maximum permitted height: 35 feet. In no case shall building or structural height violate the Airport Zone regulations listed in § 231 of this chapter.

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.

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.

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).

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.

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.

17.

All uses permitted within this zone shall also comply with the applicable general provisions in Part 3 of this chapter.

§ 212 Medical Institutional Zone (MI).

[Ord. 227, 12/18/2006]

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.

Permitted uses:

Hospitals.

Medical residential campus.

Assisted living, intermediate care and skilled nursing facilities.

Medical and dental offices and clinics.

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.

Health and fitness clubs.

Commercial day-care centers.

Churches and related uses.

Municipal services, parks and playgrounds.

Public utility structures.

Banks.

Restaurants, excluding fast-food or drive-thru facilities.

Forestry uses, subject to the requirements of § 326 of this chapter.

Public, private and commercial schools.

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.

Special exception uses (see § 604, Subsection 3, of this chapter):

Helistops. (See § 432.)

Incinerators and autoclaves. (See § 436.)

Lot area, lot width, and lot coverage requirements:

	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage
	40,000	125	35%

Minimum setback requirements (principal and accessory uses):

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.

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.

Off-street parking. Off-street parking shall be provided as specified in § 312 of this chapter.

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.

Landscaping.

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.

§ 213 through § 219. (Reserved)

§ 220 Limited Industrial Zone (LI).

[Ord. 227, 12/18/2006]

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.

Permitted uses:

Agricultural and horticultural uses, subject to the standards listed in § 200 of this chapter.

Forestry uses, subject to § 326 of this chapter.

Laboratories for medical, scientific, or industrial research and development.

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]

Processing, packaging, storage and/or wholesaling of food products, excluding:

(1)

Pickling processes.

(2)

Rendering or slaughtering operations.

(3)

Sugar refineries.

Sales, storage and/or wholesaling of the following:

(1)

Home and auto-related fuels.

(2)

Nursery and garden materials and stock.

(3)

Redi-mix concrete.

(4)

Contractor supplies.

(5)

Plumbing, heating, air conditioning, electrical, and other structural components of buildings.

Bookbinding, printing, and publishing operations.

Machine, tool and die, and metal fabrication shops.

Repair shops for products permitted to be manufactured in this zone.

Small engine repair shops.

Welding shops.

Sign makers.

Offices.

Municipal services, public utilities, and parks and playgrounds.

Agricultural support businesses, including:

(1)

Facilities for the commercial processing and warehousing of agricultural products.

(2)

Facilities for the warehousing, sales, and service of agricultural equipment, vehicles, feed, or supplies.

(3)

Veterinary offices, animal hospitals, or kennels.

Vocational and mechanical trade schools.

Commercial day-care facilities.

Clubhouses.

Animal shelters and veterinary offices with proper licensure.

(Reserved)[1]

[1]

Editor's Note: Former Subsection 2T, regarding communication antennas that are co-located upon existing structures, was repealed by Ord. No. 314, 11/18/2019.

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.

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.

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.

(8)

Convenience stores.[2]

[2]

Editor's Note: Former Subsection 2X, 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.

Special exception uses (subject to the requirements of § 604, Subsection 3, of this chapter):

Automobile auctions and storage yards. (See § 407.)

Billboards. (See § 412.)

Communication towers and equipment that are not co-located upon an existing structure. (See § 420.)

Heavy equipment sales, service, and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers, and other similar machinery. (See § 430.)

Mini-warehouses. (See § 442.)

Recycling facilities for paper, plastic, glass and metal products. (See § 449.)

Warehousing and wholesale trade establishments. (See § 457.)

Conditional uses (subject to the requirements of § 704 of this chapter):

Junkyards. (See § 437.)

Truck or motor freight terminals. (See § 455.)[3]

[3]

Editor's Note: Former Subsection 4C, regarding oil and gas operations as conditional uses, added 11/7/2011 by Ord. 269, as amended, which immediately followed this subsection, was repealed 2/15/2016 by Ord. 296.

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.

Maximum lot coverage: 60%.

Minimum lot width: 125 feet.

Minimum setback requirements (principal and accessory uses):

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.

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.

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.

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]

Accessory recreation uses. These facilities can be developed in any side or rear yard to within 50 feet of any property line.

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.

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.

15.

Landscaping.

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.

19.

All uses permitted within this zone shall also comply with the applicable general provisions in Part 3 of this chapter.

§ 221 Industrial Zone (I).

[Ord. 227, 12/18/2006]

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.

Permitted uses:

Any use permitted by right within the Industrial Limited Zone as listed in § 220, Subsection 2, of this chapter.

Natural gas processing plants.

[Added by Ord. 296, 2/15/2016]

Well pads for unconventional wells, meeting all of the applicable requirements of § 459.1.

[Added by Ord. 296, 2/15/2016]

Special exception uses (subject to the review procedures of § 604, Subsection 3):

Any use permitted by special exception within the Industrial Limited Zone as listed in § 220, Subsection 3, of this chapter.

Community solar energy system. (See § 461.)

[Added by Ord. No. 334, 1/16/2023]

Grid-scale solar energy system. (See § 461.)

[Added by Ord. No. 334, 1/16/2023]

Conditional uses (subject to the requirements listed in § 704 this chapter):

Adult-related uses. (See § 403.)

Heavy industrial uses not permitted within the Industrial Limited Zone. (See § 431.)

Junkyards. (See § 437.)

Mass transportation depots. (See § 439.)

Methadone treatment facilities. (See § 440.)

Mining, quarrying and related processing operations. (See § 441.)

Principal waste-handling, recycling, processing and disposal facilities. (See § 448.)

Sawmills. (See § 450.)

Slaughtering, processing, rendering, and packaging of products and their by-products which are produced from the remains of animals. (See § 454.)

Truck or motor freight terminals. (See § 455.)

Warehousing and wholesale trade establishments. (See § 457.)[1]

[1]

Editor's Note: Former Subsection 4L, regarding oil and gas operations as conditional uses, added 11/7/2011 by Ord. 269, as amended, which immediately followed this subsection, was repealed 2/15/2016 by Ord. 296.

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.

Maximum lot coverage: 80%.

Minimum lot width: 125 feet.

Minimum setback requirements (principal and accessory uses):

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.

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.

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.

[Amended by Ord. 279, 1/21/2013]

Accessory recreation uses. These facilities can be developed in any side or rear yard to within 50 feet of any property line.

[Amended by Ord. No. 314, 11/18/2019]

10.

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.

15.

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.

18.

Outdoor storage. Within the I Zone, outdoor storage is permitted, provided that all outdoor storage areas are screened from adjoining residentially zoned properties.

19.

All uses permitted within this zone shall also comply with the applicable general provisions in Part 3 of this chapter.

§ 222 through § 229. (Reserved)

§ 230 Floodplain Overlay Zone (FP).

[Ord. 227, 12/18/2006]

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.

Specific objectives:

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.

To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding.

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.

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.

To provide sufficient drainage courses to carry abnormal flows or stormwater in periods of heavy precipitation.

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.

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.

To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.

To provide areas for the temporary natural storage of floodwaters.

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.

To comply with the federal and state floodplain management requirements.

Delineation of lands within the Floodplain Overlay Zone. For purposes of this chapter, areas contained within the Floodplain Overlay Zone shall include the following:

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]

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]

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.

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.

Boundary disputes.

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.

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]

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]

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:

Cultivation and harvesting crops according to recognized soil conservation practices.

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.

Outdoor plant nurseries or orchards according to recognized soil conservation practices.

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.

Game farms, fish hatcheries, or hunting and fishing reserves, for the protection and propagation of wildlife, but permitting no structures.

Forestry, lumbering and reforestation according to the requirements of § 326 of this chapter.

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.

Normal accessory uses (excepting enclosed structures, freestanding satellite dish antennas, fences and aboveground swimming pools) permitted under the applicable zone district.

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.

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:

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.

Sealed public water supply wells, with the approval of the Pennsylvania Department of Environmental Protection.

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.

Sanitary or storm sewers and impoundment basins, with the approval of the Pennsylvania Department of Environmental Protection.

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:

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:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbide disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(12)

Petroleum products (gasoline, fuel oil products and the like).

Phosphorous.

Potassium.

Sodium.

Sulfur and sulfur products.

(17)

Pesticides (including insecticides, fungicides and rodenticides).

(18)

Radioactive substances, insofar as such substances are not otherwise regulated.

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.

No variance shall be granted for any of these uses or activities to locate in Floodplain Overlay Zones.

Nonconforming uses and structures in the Floodplain Overlay Zone.

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.

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.

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.

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.

Historic structures. The Zoning Hearing Board shall have the right to waive, as a special exception, any of the requirements of § 230, Subsections 9B and 9D(2), for any historic structure, as defined herein.

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:

[1]

The mobile home shall be elevated on a permanent foundation so that its lowest floor is 1 1/2 feet or more above the elevation of the one-hundred-year flood.

[2]

Adequate surface drainage is provided.

[3]

Adequate access for a hauler is provided.

(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.

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.

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]

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.

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]

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

No special exception shall be granted for any use except those specifically permitted by § 230, Subsection 7, of this chapter.

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.

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.

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.

Whenever a variance is granted, the Board shall notify the applicant, in writing, that:

(1)

The granting of the variance may result in increased premium rates for flood insurance if construction occurs below the one-hundred-year flood elevation.

(2)

Such variance may increase the risk to life and property.

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.

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.

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.

[1]

Editor's Note: See 35 P.S. § 750.1 et seq.

[2]

Editor's Note: See 32 P.S. § 693.1 et seq.

[3]

Editor's Note: See 35 P.S. § 691.1 et seq.

(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.

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.

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]

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.

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.

§ 231 Airport Safety Overlay Zone (AS).

[Ord. 227, 12/18/2006]

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.

Various airport zones. The various zones are hereby established and defined as follows:

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.

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.

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.

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.

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.

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.

Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

Horizontal Zone. Established at 150 feet above the established airport elevation, or at a height of 2,087 feet above mean sea level.

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.

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.

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.

Nonconforming uses.

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.

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.

Permits and variances.

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.

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.

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.

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.

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.