Township of Elizabeth, PA
Allegheny County
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[Ord. 676, 9/11/1995, § 2]
For the purpose of this Part the following definitions are established:
The sale by owners of property who live on property which abuts the rails to trails property who wish to sell merchandise to the users of the trails including drinks, food, equipment for bicycles, clothing or other items related to or needed by those who would use the trails.
Those walking or biking trails established by the County of Allegheny or the Rails to Trails Corporation, any other government agency, or nonprofit agency which establishes walking or biking rails along properties formally occupied by any railroad.
[Ord. 676, 9/11/1995, § 3]
From and after the date of this Part, it shall be permissible for the owners of property which abuts the property on which the rails to trails is located to conduct cottage industries from the site which abuts the trail. In this respect, they shall be permitted to conduct the cottage industry from their backyard, should the same be the area that abuts the trail, or from their front yard, if that is the area that abuts the trail. Such cottage industries shall not be conducted on property that is not adjacent to and contiguous with the property containing the trails.
[Ord. 676, 9/11/1995, § 4; as amended by Ord. 833, 4/2/2007, § 1]
Those individuals conducting a cottage industry on their property abutting the rails to trails shall do so only after applying for and receiving an annual permit from the Township, which permit shall require, at a minimum, the identity of the owner of the property, the type of merchandise to be sold, the location of the sale facilities and any other information germane to determine who is responsible for the cottage industry, and where it is to be located. The annual permit fees shall be set by the Township's Fee Resolution.[1]
Editor's Note: The current Fee Resolution is on file in the office of the Township Secretary.
[Ord. 676, 9/11/1995, § 5]
For the operation of such cottage industry, the owner thereof shall be permitted to erect temporary structures, or bring in small mobile trailers not exceeding 50 square feet. No permanent structure shall be permitted to be erected, and any temporary structure shall be erected in conformity with all side yard requirements of the Township Building and Zoning Ordinance.
[Ord. 676, 9/11/1995, § 6]
To the extent that operators of cottage industries should seek to sell food, drink or other items that are subject to control and regulation by the Allegheny County Department of Health, they shall continue to be so subject, and this Part is no attempt to substitute for any appropriate State or County regulation governing such businesses, but is simply the establishment within the Township of the terms and conditions under which such cottage industries may be operated in the Township.
[Ord. 676, 9/11/1995, § 7; as amended by Ord. 833, 4/2/2007, § 2]
The operation of such cottage industries shall be from December 31 through January 1 of the following year.
[Ord. 676, 9/11/1995, § 8]
Any individual violating any terms and provisions of this Part, including operation a cottage industry without the appropriate permit or otherwise violating the terms and provisions of this Part, shall be guilty of a summary criminal offense, punishable by a fine of a minimum $50.00, and not to exceed $600.00 as shall be determined by the district justice of peace who has jurisdiction to hear the matter, and/or a jail term of up to 10 days as the district justice of peace hearing the matter shall determine.