[Ord. 11/25/2003, § 100]
1.
Short Title. This chapter shall be known and may be cited as the
"Zoning Ordinance of Cumberland Township of 2003."
2.
Authority and Purpose. The regulations in this chapter are made in
accordance with the conditions and procedures of the Pennsylvania
Municipalities Planning Code for promoting the health, safety, morals,
convenience, order, prosperity, and general welfare of the community.
These regulations have been designed to lessen congestion in the streets,
to secure safety from fire, panic, and other dangers, to provide adequate
light and air, to prevent the overcrowding of land, to avoid undue
concentration of population, and to facilitate the adequate provision
of transportation, water, sewage, parks, and other public requirements.
These regulations reflect the policy goals of Cumberland Township
as contained in the "Goals and Policies" section of the Cumberland
Township Comprehensive Plan; nonetheless the Board of Supervisors
hereby expresses its intent that neither this chapter nor any amendment
to it may be challenged on the basis of any alleged nonconformity
with any planning document.
3.
Applicability. Subject to Part 17 of this chapter (Nonconformance), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.
4.
Effective Date and Repealer. This chapter shall take effect and be
in force from and after its approval as required by law. Ord 63A adopted
by Cumberland Township on November 24, 1987, and all amendments thereto
is hereby repealed in its entirety. The Zoning Map of Cumberland Township
is hereby amended pursuant to the provisions of this chapter and the
Zoning Map dated November 24, 1987, and last revised June 8, 1993.
5.
Severability. The provisions of this chapter are severable, and if
any section, sentence, clause, part, or provision thereof shall be
held illegal, invalid, or unconstitutional by any court of competent
jurisdiction, such a decision of the court shall not affect or impair
this chapter. It is the intent of the Board of Supervisors that this
chapter would have been adopted if such illegal, invalid, or unconstitutional
section, sentence, clause, part, or provision had not been included
herein.
6.
Other Ordinances. In interpreting and applying the provisions of
this chapter, they shall be held to be the minimum requirements for
the promotion of the health, safety, morals, and general welfare of
the Cumberland Township. It is not intended to interfere with, abrogate,
or annul other rules, regulations, or ordinances of the township,
provided that where this chapter imposes a greater restriction upon
the use of land or buildings or the configuration of improvements
than are imposed by such other rules, regulations, or ordinances,
the provisions of this chapter shall control.
7.
Enforcement. The provisions of this chapter shall be enforced by
the Zoning Officer, or such person as designated by the Board of Supervisors.
The Zoning Officer shall require that applications for building permits
shall contain all the information necessary to enable him to ascertain
whether the proposed building, alteration, or use complies with the
provisions of this chapter. No building permit shall be issued until
the Zoning Officer has certified that the proposed building, alteration,
or use complies with all the provisions of this chapter.
8.
Remedies. In case any building, structure, or sign is erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any
building, structure, or land is used, or any hedge, tree, shrub, wall,
or other growth is maintained in violation of this chapter or of any
regulations made pursuant thereto, in addition to other remedies provided
by law, any appropriate action or proceeding, whether by legal process
or otherwise, may be instituted or taken to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance, or use, to restrain, correct, or abate such violation,
to prevent the occupancy of said building, structure, or land, or
to prevent any illegal act, conduct, business, or use in or about
such premises.
9.
Violations and Penalties. For any and every violation of the provisions
of this chapter, the owner, general agent, or contractor of a building
or premises where such violation has been committed or shall exist,
and the lessee or tenants of an entire building or entire premises
where such violation has been committed or shall exist, and the owner,
general agent, contractor, lessee, or tenant of any part of a building
or premises in which part such violation has been committed or shall
exist, and the general agent, architect, builder, contractor, or any
other person who knowingly commits, takes part or assists in any such
violation or who maintains any building or premises in which any such
violation shall exist, shall be liable upon conviction thereof, to
a fine or penalty not exceeding $1,000, which shall inure to the benefit
and use of the Township, with the costs of suit and reasonable attorney
fees; and in default of payment thereof, the District Justice may,
in his discretion, commit the offender to prison in the county jail
for a period not exceeding 30 days for each and every offense, and
whenever such person shall have been notified by the Zoning Officer,
or by service of a summons in a prosecution or in any other way, that
he is committing such violation, each day's continuance of such
violation after such notification shall constitute a separate offense
punishable by a like fine or penalty.
[Ord. 11/25/2003, § 101]
1.
Normal Business Hours. Except in the case of hotels, motels, inns, or bed and breakfast establishments, and as provided for in § 27-102, Subsection 2, any occupation, employment, or enterprise that is carried on for profit shall deal directly with customers or clients on the premises only between the hours of 6:00 a.m. and 11:00 p.m.
2.
Extended Business Hours by Special Exception. The Zoning Hearing Board is authorized to grant special exceptions for such businesses to operate outside of the hours specified in § 27-102, Subsection 1, for applications meeting the following criteria:
A.
The use shall not generate high levels of vehicular traffic, nor
noise, noxious odors, air pollution, or glare.
B.
The manner, location, and hours of operations and of deliveries to
the premises shall be compatible with the daily cycle of active and
quiet periods associated with any adjacent residential uses.
3.
Interpretation. As used in this chapter, words expressed in their
singular include their plural meanings, and words expressed in their
plural include their singular meanings. The word "person" includes
a corporation, unincorporated association, and/or a partnership, as
well as an individual. The word "may" is permissive; the words "shall"
and "must" are mandatory. Words used in the present include the future
tense. Words importing the masculine gender include the feminine and
neuter. In interpreting the language of this chapter to determine
the extent of the restriction upon the use of property, the language
shall be interpreted, where doubt exists as to the intended meaning
of this chapter, in favor of the property owner and against any implied
extension of the restriction.
[Ord. 11/25/2003, § 102]
1.
Intent. The intent of this section is to regulate the use of outdoor
illumination. Where safety and security concerns warrant it, outdoor
illumination is required to be installed, operated, and maintained.
For commercial, industrial, multifamily residential, recreational,
institutional, and public uses, outdoor illumination is required for
all off-street parking and loading areas and for all driveways providing
access. All outdoor illumination shall avoid producing glare.
2.
Illumination Levels. All outdoor illumination shall have intensities
and uniformity ratios consistent with the standards in the current
edition of the Lighting Handbook and/or Recommended Practices of the
Illuminating Engineering Society of North America (ISENA). Illumination
levels shall be defined as maintained horizontal footcandles on the
task and average illumination values shall not exceed minimum values
by more than the product of the minimum value and the specified ISENA
uniformity ratio for the activity in question.
3.
Control of Glare. Glare control shall be achieved primarily through
the use of such means as fixture cutoffs, shields, and baffles and
appropriate application of fixture mounting height, wattage, aiming
angle, and fixture placement. Outdoor illumination shall be installed
so that the glare or reflection visible from a street or residence
adjacent to the property being illuminated shall not be greater than
0.1 foot candle at the property or boundary line.
4.
Fixture Design. Except as otherwise permitted for recreational and
sports lighting, below, all outdoor illumination fixtures, including
mounting base, shall not exceed 16 feet in height above the finished
grade of the surface being illuminated. All fixtures shall be of a
type and design appropriate to the outdoor illumination application,
as follows:
A.
For lighting predominantly horizontal task surfaces such as, but
not limited to, roadways, areas of pedestrian and vehicular passage,
merchandising and storage areas, automotive fuel dispensing facilities,
automotive sales areas, loading docks, active and passive sports and
recreational areas, building entrances, sidewalks, paths, site entrances
and parking areas, fixtures shall be aimed straight down and meet
IESNA full cutoff criteria.
B.
For decorative outdoor illumination and the lighting of predominantly
non-horizontal tasks, such as, but not limited to, facades, landscaping,
signs, fountains, displays, flags and statuary, the use of floodlighting,
spotlighting, wall-mounted fixtures, decorative globes and other fixtures
not meeting IESNA full cutoff criteria, fixtures shall be selected
and installed so that only the non-horizontal task is directly illuminated
and shall be equipped with or be capable of being equipped with devices
such as shields, visors or hoods when necessary to redirect offending
light distribution.
C.
The height of the outdoor illumination poles for recreational and
sports lighting shall be dictated by that setup which best satisfies
the lighting illumination levels specified by IESNA standards and
recommended practices and also controls glare visible from adjacent
properties or streets.
5.
Hours of Illumination for Floodlighting or High-intensity Outdoor Illumination. No floodlighting or high-intensity outdoor illumination, except surveillance, security, or safety outdoor illumination, shall be permitted after 10:00 p.m. Sundays through Thursdays and 11:00 p.m. Fridays and Saturdays. All outdoor illumination, including surveillance, security, or safety outdoor illumination, shall conform with the standards of § 27-103, Subsection 3, "Control of Glare," at all hours.
6.
Recreational and Sports Lighting Outdoor illumination for active
recreational facilities shall be permitted only by conditional use.
In determining the appropriateness of proposed outdoor illumination
for active recreational facilities, the Board of Supervisors shall
apply the general criteria and standards for conditional uses of Part
18 and 19 and shall approve an application for outdoor illumination
for active recreational facilities only in cases when the Board is
able to ascertain that the proposed outdoor illumination will:
A.
Represent appropriate application of fixture mounting heights, wattage,
aiming angle, and fixture placement.
B.
Control glare through the use of cutoff fixtures, shield, and baffles.
C.
Not represent a hazard to drivers or pedestrians by impairing their
ability to safely traverse streets, driveways, sidewalks, pathways,
and trails.
D.
Not project output into the windows of neighboring residences or
businesses or into private or public open space on adjoining or nearby
properties.
E.
Not project output skyward.
F.
Not be used after 10:00 p.m. Sundays through Thursdays and 11:00
p.m. Fridays and Saturdays.
7.
Temporary Outdoor Illumination. Temporary floodlighting and spotlighting
for such uses as, but not limited to, public festivals, celebrations,
sporting and recreation events is permitted, subject to the following
conditions:
[Ord. 11/25/2003, § 103]
1.
Projections into Front Yard. No building and no part of a building
shall be erected within or shall project into the required front yard
that falls between the street and the foremost portion of a principal
use building except:
A.
Cornices, eaves, gutters.
B.
Chimneys, projecting not more than 18 inches.
C.
Bay windows not extending through more than one story and not projecting
more than five feet.
D.
One-story, open porches projecting not more than 10 feet.
E.
Steps, projecting not more than 10 feet.
F.
Balconies, projecting not more than four feet.
3.
Projections into Rear Yard. No principal use building and no part
of a principal use building shall be erected within or shall project
into a required rear yard except:
A.
Cornices, eaves, gutters.
B.
Chimneys, projecting not more than 18 inches.
C.
Bay windows not extending through more than one story and not projecting
more than five feet.
D.
One-story, open porches projecting not more than 10 feet.
E.
Steps, projecting not more than eight feet.
F.
Balconies, projecting not more than four feet.
4.
Projections into Yards; Obstruction of Views. No wall, fence, or
other structure shall be erected or altered and no hedge, tree, shrub,
or other growth shall be maintained that may cause danger to traffic
on a street, sidewalk, or public way by obscuring the view.
[Ord. 11/25/2003, § 104]
Vehicles and Trailers as Accessory Uses. No vehicle trailer
shall be parked on any lot and used as an accessory building or storage
shed. No recreational vehicle, boat, camper, or pickup component shall
be used for living or sleeping quarters on any lot in the Township.
[Ord. 11/25/2003; as added by Ord. 110-2004, 11/1/2004, Art.
I]
1.
In addition to the uses permitted by right, special exception, or
conditional uses in the various zoning districts in this chapter,
the Board of Supervisors may authorize special uses for historic resources
in order to encourage their retention and facilitate appropriate adaptive
re-use. Such conditional uses may include professional or business
offices, cultural facilities, eating and drinking establishments,
and guest houses or inns in residential districts; residences, cultural
facilities, guest houses or inns in mixed-use districts; and any such
similar uses in agricultural, industrial, institutional, airport,
or open space districts.
A.
Applications for such conditional uses shall meet the following criteria:
(1)
The use shall not generate high levels of vehicular traffic,
nor noise, noxious odors, air pollution, or glare.
(2)
The manner, location, and hours of operations and of deliveries
to the premises shall be compatible with the daily cycle of active
and quiet periods associated with any adjacent residential uses.
(3)
The use shall complement other uses in the district, creating
a mixed-use character that contributes towards an increased rate of
pedestrian access to local services, minimized auto-trip generation,
and additional security for district businesses.
(4)
Mixed-use structures containing residences shall have non-residential
uses only on a level or floor below residential uses.
B.
The Board of Supervisors is authorized to grant modifications to
the development standards dimensions relevant to a historic resource
for applications meeting the following criteria:
(1)
Granting of a modification is necessary to encourage the retention
and appropriate adaptive reuse of the historic resource.
(2)
Granting of a modification will have minimal detrimental effect
on adjacent and neighboring properties.
(3)
Any proposed rehabilitation, alteration, or enlargement of a
historic resource shall be in substantial compliance with the Secretary
of the United States Department of Interior's Standards for Rehabilitation.
