City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[Ord. 27-1986, 87, passed 10-27-1986; Ord. 7-1998, 99, passed 5-26-1998]
(a) 
Visibility at intersections. On a corner lot in any district a clear sight triangle shall be provided at all street and alley intersections. Within such triangles, no vision obstructing object other than utility poles shall be permitted which obscures vision above the height of 90 inches and below 10 feet measured from the center line grade of intersecting streets. Such triangles shall be established from a distance of:
(1) 
Seventy-five feet from the point of intersection of the center lines if intersecting streets are 20 feet or more in width; or
(2) 
If one or both streets are less than 20 feet in width, a clear sight triangle of 50 feet shall be maintained, except that;
(3) 
Clear sight triangles of 100 feet shall be provided for all intersections with arterial and major streets so designated in the circulation study of the 1985 Comprehensive Plan.
(b) 
Fences, walls, and hedges. Notwithstanding other provisions of this Zoning Code, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall or hedge along the sides or front of any front yard shall be over 48 inches in height; however, fences, walls or hedges along the sides or front of any front yard are allowed in excess of 48 inches where the fence, wall or hedge is set back from the building line according to the following ratio: three feet setback for each foot in excess of 48 inches, provided that the height shall not exceed six feet. Fences and walls in side or rear yards may exceed six feet in height provided that any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the surface area of such fence or wall. Where subject property is a corner lot, all sides abutting a street shall be considered to contain front yards. Streets under 20 feet in width are not considered to be streets within the context of this section.
(c) 
Erection of more than one principal structure on a lot. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Zoning Ordinance shall be met for each structure as though it were on an individual lot.
(d) 
Exception to height regulations. The height limitations contained in the schedule of district regulations or in the height and area regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(e) 
Structures to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
(f) 
Parking, storage or use of major recreational equipment. For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, converted school buses, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or in a rear yard; provided, however, that such equipment may be parked anywhere on residential premises for not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.
(g) 
Parking and storage of tractor trailers. Tractors and/or semitrailers shall not be parked or stored on any public street, unless approved in writing by the Mayor, or on any property (or public street contained therein) other than in completely enclosed buildings, except on those premises where such storage is absolutely necessary to the operation of a business with a bona fide zoning permit. Vehicles not customarily associated with personal transportation, such as tractors and/or semitrailers shall not be parked in any zoning district except in the ML (manufacturing light), MH (manufacturing heavy), or CA (commercial-auto oriented) zones, other than in completely enclosed buildings or while performing a professional service.
[Amended by Ord. 8-1998, 99, passed 6-22-1998]
(h) 
Corner lot restrictions. On every corner lot, there shall be provided on the side street a side yard equal in depth to the required front yard of all other properties along such side street.
(i) 
Lot area and lot width for lots not served with public water and/or sanitary sewers. Where a lot is not served by a public water supply and/or sanitary sewer system and the City Subdivision Ordinance or State or other local laws or ordinances in force require a higher standard for lot area or lot width than this Zoning Ordinance, the more restrictive regulations of such ordinance or laws shall apply.
(j) 
Front and rear yard exceptions. When a proposed structure is situated in the same linear block with improved structures having yard dimensions less than those required for the district, the yard required can be decreased to a depth equal to the average of the yards of the improved structures.
(k) 
Projections into yards. The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
(1) 
Terraces, decks or patios, provided that such terraces or patios are not under roof or otherwise enclosed and are not closer than three feet to any adjacent property line.
(2) 
Projecting architectural features such as bay windows, cornices, eaves, fireplaces, chimneys, window sills or other architectural features, provided they do not extend more than five feet into any required yard nor closer than three feet to any adjacent property line, except in the CBD Zone where an eight-foot minimum height grade shall be maintained.
(3) 
Uncovered stairs and landings provided they are not closer than three feet to an adjacent property line, except in the CBD Zone.
(4) 
Open balconies or fire escapes provided such balconies or fire escapes are not supported on the ground and do not project more than five feet into any required yard nor closer than three feet to any adjacent property line, except in the CBD Zone where a ten-foot minimum height above grade shall be maintained. Fire escapes which are required by State or local codes to be supported on the ground shall be no closer than three feet to any adjacent property line.
(5) 
Projecting architectural features needed as a functional component of active or passive solar energy systems, including but not limited to canopies, eaves, overhangs, reflectors, movable insulation and attached solar collectors, are permitted to project into required yards provided they do not extend more than five feet into any required yard nor closer than three feet to any adjacent property line. In the CBD Zone architectural features as aforementioned are excluded from side yard setback requirements.
(6) 
Satellite receiving stations provided they do not extend more than five feet into any required yard nor closer than three feet to any adjacent property line.
(l) 
Accessory uses.
(1) 
Private, noncommercial swimming pools which are designed to contain a water depth of 18 inches or more shall be located in a rear or side yard only, and shall be entirely enclosed within a continuous fence not less than four feet in height. Such pools shall not be less than 15 feet from side and rear property lines. Fences for this section are defined as an impenetrable structure from a height of at least four feet to the grade level of the ground.
(2) 
Private tennis courts shall be permitted within side or rear yards provided that such facility shall not be less than 15 feet from side or rear property lines.
(3) 
Patios, decks and paved terraces, or open porches shall be permitted in all yards provided that no impermeable surface shall be within three feet of any property line.
(4) 
Nothing in this section shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community.
(m) 
Municipal uses. In any district, a building or use may be erected, altered or extended and land may be developed which is arranged, intended or designed for municipal uses. Further, the lot sizes, yard regulations and coverage requirements may be modified to accommodate such buildings or uses provided that the modifications will represent the least possible modification of the regulations at issue and provided further that all such modifications shall be in the public interest and they will not adversely affect other properties in the district in which they are located.
(n) 
Gasoline pumps. Gasoline pumps and all other service equipment shall be set back not less than 25 feet from any lot line and shall be so located that vehicles stopped for service will not extend over the property line.
(o) 
Utility buildings. Utility buildings shall be permitted within three feet of a rear and/or side property line as long as it is constructed to the rear of the main structure. Utility buildings shall be excluded from lot coverage requirements.
(1) 
Exception: row homes or semi-detached. The setback requirement shall be two feet and the utility building size shall meet the following:
A. 
Lot width 15 feet or less, building size not to exceed 45 square feet.
B. 
For every foot in lot width over 15 feet, the building size may increase by five square feet over the above 45 square feet providing such building shall not exceed 160 square feet or 10 feet in height.
C. 
Utility building height not to exceed 10 feet.
(p) 
Public utilities. This Zoning Code shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to insure that both the corporation and the City have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
[Amended by Ord. 2-1990, 91 § 7, passed 1-22-1990]
[Ord. 27-1986, 87, passed 10-27-1986]
(a) 
Conformities to continue as regulated. Within the zoning districts established by this Zoning Code or subsequent amendments thereto, there exists, or will exist, lots, structures and uses which were lawful before this Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Code or future amendment. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed but not to encourage their survival without regulation.
(b) 
Nonconforming lots of record. In any district, a permitted building may be erected on any single lot of record on the effective date of this Zoning Code or any subsequent zoning amendment, notwithstanding limitations imposed by other provisions of this Code. Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width or both, that are generally applicable in this district, provided that yard dimensions and requirements other than these applying to area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Hearing Board.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are on record on the effective date of this Zoning Code or on the passage date of any zoning amendment, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this Code, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Code, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Code.
(c) 
Nonconforming uses of land or land with minor structures. If prior to the effective date of the Zoning Code, lawful use of land exists which would not be permitted by the regulations imposed by this Zoning Code, the use may be continued so long as it remains otherwise lawful, provided:
(1) 
The nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this Zoning Code or of any subsequent zoning amendment, except on contiguous land owned at the effective date of this Code and subject to other restrictions of this Code.
(2) 
If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.
(3) 
No additional structure not conforming to the requirements of this Code shall be erected in connection with such nonconforming use of land.
(4) 
Any nonconforming use and premises may, as a special exception, be changed to another nonconforming use provided that the Zoning Hearing Board, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Hearing Board may require appropriate conditions and safeguards in accordance with the provisions of this Code.
(d) 
Nonconforming structures. Where a lawful structure exists on the effective date of the Zoning Code or of any subsequent zoning amendment that could not be built under the terms of this Zoning Code by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure but not including off-street parking requirements; such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
(1) 
No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2) 
Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 80% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code. However, an accessory structure which has been demolished may, within a period of one year, be reconstructed on the same building line as was previously established. Off-street parking requirements do not apply.
(3) 
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(e) 
Repairs and maintenance. Nothing in this Zoning Code shall prohibit any repairs, maintenance or remodeling of any nonconforming building or structure provided that such does not make the building or structure more nonconforming in terms of the regulations of this Code. Further, nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(f) 
Special exceptions are conforming uses. Any use which is permitted as a special exception in a district under the terms of this Zoning Code, other than a change through Zoning Hearing Board action from a nonconforming use to another use not generally permitted in the district, shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
(g) 
Nonconforming signs. Any sign erected, constructed or placed before the effective date of this Zoning Code may remain and continue to be used and maintained notwithstanding that it does not conform to the applicable provisions of Section 1323.04, provided that no such sign shall be altered or relocated unless the same shall either conform or be made to conform in all respects with the applicable provisions of Section 1323.04.
[Ord. 27-1986, 87, passed 10-27-1986]
(a) 
Off-street parking facilities. Off-street parking facilities shall be required in accordance with the provisions of this section as a condition precedent to the occupancy of any new building or use so as to alleviate traffic congestion on streets. Facilities shall be provided:
(1) 
Whenever a building is constructed;
(2) 
Whenever the use of an existing building is changed to a use requiring more parking facilities; and
(3) 
Whenever an existing building or use is altered or enlarged so as to increase the amount of parking spaces required in this section.
(4) 
These regulations shall apply to all districts except the Central Business District.
(b) 
Continuation of parking facilities. All off-street parking facilities, or those required as accessory to a use of a proposed or altered building, shall continue unobstructed in operation, shall not be used for automobile service or repair, and shall not be reduced below the required size as long as the main use remains, unless an equivalent number of spaces is provided for such use in another approved location.
In order to insure the continued use for parking purposes of any areas established therefor by persons who are not the owners thereof, Council may require, before approval, evidence in writing that the owner or owners of the land to be included in such parking areas have by covenant agreed to allow the use of such land for the required off-street parking; such covenant may be filed for record with the Recorder of Lebanon County. Except for residential uses, all off-street parking spaces may be provided within 300 feet of the lot line of the principal building or structure.
(c) 
Standards and definitions. For the purpose of determining off-street parking requirements, definitions and standards shall be as follows:
FLOOR AREA
The total area of all the floors measured from the exterior faces of the building (except the floor area used for stairways, hallways, closets, storage rooms, mechanical rooms and areas which do not by their inclusion generate off-street parking).
PARKING SPACE
An open or enclosed area exclusive of any public right-of-way, accessible from a street for parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building or use; each parking space shall be sufficient in size to accommodate at least one automobile according to prevailing standards approved by the City Engineer.
REQUIRED MINIMUM PARKING SPACE
The minimum number of spaces required by applying the schedule which follows this subsection to a specific building or group of buildings. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.
SEAT
The number of seating units installed or indicated, or each 24 lineal inches of benches, pews or space for loose chairs or similar seating facilities; spacing of rows shall be 30 inches on center.
(d) 
Schedule of parking and loading space requirements.
(1) 
RLD Zoning District. Off-street parking spaces shall not be located in any required yard.
(2) 
RMD Zoning District. Off-street parking shall be permitted in a required side or rear yard provided that no impermeable surface is placed within five feet of any adjoining property line.
(3) 
RHD Zoning District. Off-street parking shall be permitted in a required side or rear yard provided that no impermeable surface is placed within five feet of any adjoining property line.
(4) 
CBD Zoning District. There are no off-street parking requirements.
(5) 
CN Zoning District. After November 6, 1986, off-street parking shall be permitted in any required yard except those adjoining residentially zoned property. Each business use established or expanded after November 6, 1986, shall provide off-street loading or unloading space at the side or rear of the building for each 4,000 square feet of floor area in each building. Such space or spaces shall be not less than 560 square feet in area with dimensions of 10 feet by 56 feet per space with a clearance of not less than 15 1/2 feet in height. Required spaces shall be located exclusive of any public right of way.
(6) 
CA Zoning District. After November 6, 1986, off-street parking spaces shall not be located in any required yard. Each business use established or expanded after November 6, 1986, shall provide off-street loading and unloading space at the side or rear of the building for each 4,000 square feet of floor area in each building. Such space or spaces shall be not less than 560 square feet in area with dimensions of 10 feet by 56 feet per space with a clearance of not less than 15 and 1/2 feet in height. Required spaces shall be located exclusive of any public right of way.
(7) 
OI Zoning District. Off-street parking shall be permitted in a required side or rear yard provided that no impermeable surface is placed within five feet of any adjoining property line.
(8) 
ML Zoning District. Off-street parking shall be permitted in 50% of the required front yard, provided that parking shall meet a minimum setback of 10 feet from the right-of-way.
On the same premises with every building or structure or part thereof involving the receipt or distribution of materials or products, there shall be provided adequate space for loading and unloading. All such spaces shall conform to dimensions of not less than 10 feet by 56 feet or 560 square feet in area, with a clearance of not less than 15 and 1/2 feet in height. Spaces required shall be determined by the table below and shall be located exclusive of any public right of way or required parking area.
Gross Floor Area (square feet)
Spaces Required
Up to 2,000
None
2,001 to 10,000
One space
10,001 to 50,000
One space plus one additional space for each 20,000 square feet
50,001 and over
Three spaces plus one additional space for each 40,000 square feet in excess of 50,000 square feet.
(9) 
MH Zoning District. Off-street parking shall be permitted in 50% of the required front yard, provided that parking shall meet a minimum setback of 10 feet from the right-of-way. On the same premises with every building or structure or part thereof involving the receipt or distribution of materials or products, there shall be provided adequate space for loading and unloading. All such spaces shall conform to dimensions of not less than 10 feet by 56 feet or 560 square feet in area, with a clearance of not less than 15 and 1/2 feet in height. Spaces required shall be determined by the table below and shall be located exclusive of any public right of way or required parking area.
Gross Floor Area (square feet)
Spaces Required
Up to 2,000
None
2,001 to 10,000
One space
10,001 to 50,000
One space plus one additional space for each 20,000 square feet
50,001 and over
Three spaces plus one additional space for each 40,000 square feet in excess of 50,000 square feet.
(10) 
Condominium conversion parking regulations. Off-street parking shall be required in the amount of two spaces per dwelling unit. Off-street parking shall be permitted in a required side or rear yard provided that no impermeable surface, other than the access drive to such parking, is placed within five feet of any adjoining property line.
[Amended by Ord. 65-1990, 91 § 1, passed 6-24-1991]
(e) 
Schedule of required off-street parking spaces.
[Amended by Ord. 65-1990, 91 § 1, passed 6-24-1991; Ord. 14-2016, 17, passed 3-27-2017]
Building or Use
Parking Spaces Required
Institutional
(1)
Civic and educational; primary and secondary school; library, places for public assembly
1 space for each employee plus 1 space for each 6 seats in assembly rooms
(2)
Governmental; municipal building
1 space for each 200 square feet of office floor area plus 1 space for each 4 seats in assembly rooms
(3)
Place of worship
1 space for each 3 seats in principal assembly rooms
(4)
Welfare; hospital
1 space per 3 beds plus 1 space for each employee on the largest shift
Health center
1 space per 150 square feet floor area
Home for the aging
1 space per each 4 guest rooms or apartment units plus 1 space for each employee
(5)
Day reporting center
1 space per 200 square feet of facility area, plus 1 space per 4 seats in an assembly room; off-street parking requirements of this Zoning Ordinance may be increased or decreased by the Board, considering such factors as the availability of public transportation, the actual need for parking for the program participants, and other factors the Board deems relevant
Residential
(6)
One- and two-family dwelling
1 space per dwelling unit
(7)
Multifamily residence and condominium conversions
2 spaces per dwelling unit
(8)
Public or nonprofit elderly housing
1 space per 4 dwelling units
Office Buildings
(9)
Medical and dental offices and clinics
1 space per 200 square feet of floor area plus 1 space for each doctor and dentist and employee
(10)
Other office
1 space per 300 square feet of gross floor area
Commercial Business
(11)
Motel, hotel
1 space per guest room or unit
(12)
Mortuary
1 space per 30 square feet of assembly rooms, or 1 space for each 4 seats, whichever requires the greater number, but in no case less than 20 spaces
(13)
Retail stores, banks, service establishments
1 space per 300 square feet of gross floor area
(14)
Eating places, bars, taverns
1 space per 100 square feet of gross floor area, or 1 space per 3 seats, whichever requires the greater number of spaces
(15)
Club, lodge, or other assembly hall
1 space per 4 seats in building
(16)
Indoor theater
1 space per 4 seats in building
(17)
Dance hall, skating rink, swimming pool
1 space per 50 square feet of area used for dancing, skating or swimming
(18)
Bowling alley
6 spaces per bowling lane
(19)
Service and storage establishments
1 space for every 2 employees on the largest shift
Manufacturing
(20)
Executive offices, sales offices
1 space per 200 square feet of executive and sales office floor area
(21)
Service and storage establishments, laboratories, manufacturing plants and other uses permitted in a manufacturing district
1 space for every 2 employees on the largest shift
Other Buildings or Uses
(22)
For a specific building or use not scheduled, the Zoning Officer shall apply the unit of measurement of the above schedule deemed to be most similar to the proposed building or use.
(f) 
Combined use of facilities. One or more parking lots may be designed to service a multiple number of commercial business or industrial uses so long as the total requirements shall be equal to the sum of the requirements of the component uses computed separately.
(g) 
Parking and garage facilities for residences. Accessory parking facilities shall be located on the same lot as the dwelling served or in close proximity if deemed appropriate by the zoning administrative officials. Each single-family, duplex and two-family dwelling shall have on its premises a private parking space sufficient in capacity for the storage at one time of at least one passenger automobile for each dwelling unit on the premises. Each multi-family dwelling shall have a private parking space sufficient in capacity for the storage at one time of at least two passenger automobiles for each dwelling unit on the premises.
(h) 
Improvements to parking and loading areas. All parking areas, loading areas and access driveways, except for one and two-family dwellings, shall have an asphalt, concrete or other similar hard surface, approved by the City Engineer. Surface water shall not be permitted to discharge over onto adjacent properties, and the plan shall be approved by the City Engineer. Appropriate bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas and to prevent vehicles from projecting into required yards. The City Engineer may require landscape features or a fence between a parking or loading area and a side or rear lot line of a residential use or district. All curbs and bumper guards shall be constructed in accordance with standards established by the Mayor and Council through the office of the City Engineer.
(i) 
Illumination of parking and loading areas. Parking and loading areas shall be illuminated whenever necessary to protect the public safety. Such illumination shall be so designed and located that the light sources are shielded from adjoining residences and residential streets, and shall not be of excessive brightness or cause a glare hazardous to pedestrians or drivers.
(j) 
Driveways and curbs. Access to the lot shall comply with the following regulations:
(1) 
Access shall be by not more than two driveways for each 100 feet frontage on any street.
(2) 
No two such driveways shall be closer to each other than 12 feet, and no driveway shall be closer to a side property line than three feet, and no flare shall cross an extended side property line.
(3) 
Each driveway shall be not more than 35 feet in width, measured at right angles to the center line of the driveway, except as increased by permissible curb return radii. The entire flare of any return radius shall fall within the right-of-way.
(4) 
Driveways shall be no closer than 10 feet to the point of intersection of two property lines at any corner as measured along the property line, and shall not extend across extended property lines.
[Ord. 27-1986, 87, passed 12-27-1986]
(a) 
Compliance required. Signs may be erected and maintained only when in compliance with the provisions of this Zoning Code and any and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices.
(b) 
Limitations of signs. Only those signs relating to the principal uses conducted on the premises or to the principal materials or products made, sold or displayed on the premises shall be permitted and provided further that all signs and advertising structures shall be erected and maintained in accordance with the provisions set forth herein.
(c) 
Definitions.
(1) 
"Billboard" includes every bulletin board or other sign of a permanent or semipermanent kind used or intended to be used for the display thereon of advertising material pasted, glued, fastened or otherwise affixed thereto by means permitting its ready removal or replacement.
(2) 
"Combination sign" means and includes every sign which combines the characteristics of two or more classes of signs whether herein particularly defined or not.
(3) 
"Display surface" means the entire area within the shortest continuous perimeter which will enclose within a rectangle the whole of the part or parts of the sign used or intended to be used for display purposes, such as lettering, insignia, emblems or frame which is directly pertinent to the sign, as measured from any one side.
(4) 
"Fascia sign" means every sign attached to or erected against a fence or wall, whether forming part of a building or not, which fronts on a street and has the exposed face thereof in a plane approximately parallel to the plane of such wall or fence and projects not more than 18 inches from the face of such wall or fence. Signs displayed upon canopies or awnings shall be considered a fascia sign.
(5) 
"Flashing or moving sign" means every artificially illuminated sign in which any part so illuminated is illuminated intermittently while the sign is in operation or in which a part so illuminated moves or is intended to move.
(6) 
"Free-standing sign" means every sign supported independently of a building or other structure and having its own supports, regardless of whether or not it is attached permanently to the ground.
(7) 
"Projecting sign" means every sign projecting more than 18 inches from the building structure to which it is attached or more than 18 inches beyond any boundary of the parcel of land on or from which such sign is displayed.
(8) 
Where signs are expressed to be subject to the "one-to-one ratio requirement", it means that no sign shall be erected, constructed, placed, used, maintained or suffered to remain on any parcel of land if the area of the display surface thereof will, when added to the aggregate area of the display surface of any and all signs subject to this ratio requirement and displayed on or from the same parcel of land, exceed one square foot for each lineal foot of street frontage of such parcel of land. If any parcel of land fronts on two or more streets, the allowable display surface facing each street shall be computed separately. In computing square-foot area of a double-face sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of the double faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.
(9) 
Where signs are expressed to be subject to the "two-to-one ratio requirement" it means that no sign shall be erected, constructed, placed, used, maintained or suffered to remain on any parcel of land if the area of the display surface thereof will, when added to the aggregate area of the display surface of any and all other signs subject to this ratio requirement and displayed on or from the same parcel of land, exceed two square feet for each lineal foot of street frontage of such parcel of land. If any parcel of land fronts on two or more streets, the allowable display surface facing each street shall be computed separately. In computing square-foot area of a double-face sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of the double-faced sign is greater than 40°, then both sides of such sign shall be considered in calculating the sign area.
(10) 
"Roof sign" means every sign erected upon or above the roof or parapet of a building.
(11) 
"Sign" means: any writing, including letter, word or numeral; pictorial representation, including illustration or decoration; emblem, including device, symbol or trademark; flag, including banner or pennant; or any other device of similar character which: is a structure or any part thereof or is attached to, painted on or in any other manner represented on a building or other structure; is used to announce, direct attention to or advertise; and is visible from outside a building.
(12) 
"Sign structure" means all supports, cables, devices, and structures of whatsoever kind or description used or intended to be used for the purpose of supporting, affixing or maintaining any sign in the place on or from which the same is displayed.
(13) 
"Suspended sign" means every sign suspended from a canopy, marquee or similar building projection.
(14) 
"Temporary sign" means every sign displayed, used or intended to be displayed or used for a period of time not longer than 60 days.
(15) 
"Wall sign" means every sign painted, pasted or otherwise affixed or inscribed directly to or upon any wall or other integral part of any building or to or upon any wall not being a part of a building or to or upon any structure without, in each case, the use of independent supports or frames thereof.
[Amended by Ord. 7-1998, 99, passed 5-26-1998]
(d) 
Sign zones. Signs may be erected and maintained only when in compliance with provisions of this section and any and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices. The City is hereby divided into five sign zones, each zone being classified in accordance with the sign usage permitted and assigned to it.
The City is hereby divided into five sign zones, each zone being classified in accordance with the sign usage permitted and assigned to it. For purposes of this subparagraph, outdoor advertising displays, advertising signs and advertising structures are prohibited in the MR Municipal Recreation District.
[Amended by Ord. 17-1990, 91 § 1, passed 4-23-1990]
Special Sign Zone
Comprising Areas of the City Zoned as:
A
RLD, RMD and RHD
B
OI
C
CN, CA and sections of areas zoned M which conform to Article 1355, Section 1355.06, "Industrial Subdivision"
D
ML and MH
E
CBD
Permitted in Sign Zones
Sign Types
A
B
C
D
E
(1)
Temporary Signs
X
X
X
(2)
Fascia Signs
X
X
X
X
X
(3)
Free Standing Signs
X
X
X
X
X
(4)
Projecting Signs
X
X
X
X
X
(5)
Wall Signs
X
X
X
(6)
Suspended Signs
X
X
X
X
(7)
Roof Signs
X
(8)
Class A Billboards
X
X
X
(9)
Class B Billboards
X
(10)
Flashing or Moving Signs
X
(e) 
General provisions.
(1) 
This section shall not apply to the following:
A. 
Any sign which cannot be seen from any street or other public place to which the public has access.
B. 
Any sign displayed within a store, office or place of business and having to do with the business carried on within the store, office or place of business.
C. 
Any sign displayed on a building in any sign zone and bearing only the name and occupation of an occupant of such building, provided that the display surface of such sign does not exceed two square feet and only one such sign is so displayed for each business or residential occupant of any such building; and provided further that the sign does not project more than four inches from the building.
D. 
Traffic or other municipal signs; legal notices; railroad crossing signs; danger and such temporary, emergency or nonadvertising signs as may be approved by the Mayor.
E. 
Any wall sign displayed on a building in Sign Zones C, D and E the display surface of which does not exceed 16 square feet in area and pertaining only to a business carried on in such building, provided that only one such sign shall be displayed on such building.
F. 
Any sign advertising that the premises upon which it is displayed are for sale or rent, providing that the display surface does not exceed six square feet and only one sign is erected along the frontage of any one street.
G. 
Signs indicating the private nature of a driveway or trespassing signs, provided that the display surface of any sign does not exceed two square feet.
H. 
Signs of mechanics, painters and other artisans during the period such persons are performing work on the premises upon which such signs are erected, provided that the display surface shall not exceed 16 square feet.
I. 
Signs of a political nature having to do with an upcoming election, either displayed in a yard or on a structure, provided that the display surface of all such signs fronting along a given street shall not exceed a total of 16 square feet, and provided that such signs shall not be displayed more than 60 days prior to an election. Such signs shall be removed within two weeks following the date of an election. Removal of political signs shall be the responsibility of the property owner when located on private property, and the responsibility of the candidate when located within any right of way.
J. 
Banners announcing or advertising any political, educational, charitable, civic, professional, religious, or like campaign or event shall be permitted upon approval by the Mayor. Banners of these types shall be constructed of weather-resistant, non-rigid material and limited to a maximum size of 100 square feet.
(2) 
No person, firm or corporation shall erect, construct, place, use, maintain or cause to be constructed, erected or maintained or suffer to remain in or on any place or thing of which he is the owner or of which, either solely or with any other person or persons, he has, for the time being, possession or control of, any sign which does not in all respects conform with the applicable requirements of this section. No sign shall be constructed, erected, placed, used, maintained or suffered to remain except as expressly permitted by this section.
(3) 
No sign shall be displayed on any pole, post, standard or similar structure used or intended to be used for or in conjunction with the supply of electrical power, telephone, television or telegraphic communications.
(f) 
Temporary signs.
(1) 
Permitted signs. Temporary signs may be displayed in Sign Zones C, D and E only.
(2) 
Time limit. Temporary signs shall be removed within 60 days of the issuance of the permit therefor; a temporary sign permit is not renewable.
(3) 
Sign area. The display surface of any temporary sign shall not exceed 100 square feet.
(4) 
Location. No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare a distance of greater than four inches.
(g) 
Fascia signs.
(1) 
Permitted zones. Fascia signs may be displayed in Sign Zones A, B, C, D and E.
(2) 
Fascia signs in Zone A. In Sign Zones A, fascia signs shall be displayed only on or from a multi-family dwelling where the message conveyed or intended to be conveyed thereby is confined to the name and/or address of such premises and/or related to the occupancy of the premises or on or from any other premises where the same pertain exclusively to a public, charitable or religious institution or to the activities carried on therein and the display area thereof shall not in any case exceed 12 square feet.
(3) 
Fascia signs in Zones B and C. In Sign Zones B and C fascia signs shall be subject to the two-to-one ratio requirement.
(4) 
Fascia signs in Zone D. In Sign Zone D fascia signs shall be subject to the one-to-one ratio requirement.
(5) 
Height limits. Every part of any fascia sign projecting more than four inches from a wall shall be at least 10 feet above any public sidewalk, property line or other public area.
(6) 
Fascia signs in Zone E. The following regulations apply to fascia signs in Sign Zone E:
A. 
A fascia sign may be placed anywhere on the actual premises of the business to which it refers. The projection of the floor plan upon the building face shall define the location of the business.
B. 
Fascia signs may also be placed above or below the actual location of the business. In this case an "envelope" is to be inscribed over or under this actual location for purposes limiting the sign's location and form.
C. 
The envelope shall be 18 inches in depth; its width shall be equal to the width of the business establishment where the business fronts on the street. The envelope height shall be equal to the floor to ceiling height of the business as measured for any one floor.
D. 
The bottom edge of the rectangle shall be directly adjacent with either the top or bottom edges of the actual location of the business.
E. 
Every sign not located anywhere within the actual premises shall be located within this envelope.
F. 
Fascia signs shall be subject to the two-to-one ratio requirement.
(h) 
Free-standing signs.
(1) 
Permitted zones. Free-standing signs may be erected in Sign Zones A, B, C, D and E.
(2) 
Free-standing signs in Zone A. In Sign Zone A free-standing signs shall be displayed only on or from a multi-family dwelling where the message conveyed or intended to be conveyed thereby is confined to the name and/or address of such premises and/or related to the occupancy of the premises or on or from any other premises where the same pertain exclusively to a public, charitable or religious institution or to the activities carried on therein, and the display area thereof shall not in any case exceed 12 square feet.
(3) 
Free-standing signs in Zones B, C, and E. In Sign Zones B, C and E free-standing signs shall be subject to the two-to-one ratio requirement.
(4) 
Free-standing signs in Zone D. Free-standing signs in Zone D shall be subject to the one-to-one ratio requirement.
(5) 
Sign height. No free-standing sign shall exceed a height of 20 feet above the level of the street upon which the sign faces or above the adjoining ground level, if such ground level is above the street level.
(6) 
Projections. No free-standing sign may project over or be located on any street right-of-way line or property line.
(7) 
Setbacks. All free-standing signs shall be so erected as to maintain a minimum fifteen-foot setback from all lot lines, providing no portion of such sign projects into the vertical plane of any City right of way or adjacent lot; except that in Sign Zone B free-standing signs, not in excess of four square feet, may be permitted within the required yard area and provided they are not closer than five feet to the front or side property line.
(8) 
Number. In any district, the number of free-standing signs displayed on or from any parcel of land shall in no case exceed one for each 50 feet of street frontage or major portion thereof.
(i) 
Projecting signs.
(1) 
Permitted zones. Projecting signs may be displayed in Sign Zones A, B, C, D and E.
[Ord. 2-1990, 91, § 9, passed 1-22-1990]
(2) 
Projecting signs in Zone A. Projecting signs shall be displayed only on or from a multi-family dwelling where the message conveyed or intended to be conveyed thereby is confined to the name and/or address of such premises and/or relates to the occupancy of the premises or on or from any other premises where the same pertain exclusively to a public, charitable or religious institution or to the activities carried on therein, and the display area thereof shall not in any case exceed 12 square feet in display surface, or extend more than three feet from the face of the wall to which it is attached.
(3) 
Projecting signs in Zones B and C. In Sign Zones B and C, projecting signs shall be subject to the two-to-one ratio requirement, but in no case may they exceed 100 square feet in display surface.
(4) 
Projecting signs in Zone D. In Sign Zone D, projecting signs shall be subject to the one-to-one ratio requirement.
(5) 
Projecting signs in Zone E. Projecting signs shall be limited to one sign per property with a maximum total display area of 15 square feet. In Sign Zone E, projecting signs shall be approved by the City of Lebanon Planning Commission. The Planning Commission shall consider the following minimum guidelines upon submission of an application and plans to ensure that satisfactory provisions and arrangements have been made.
Sign guidelines:
A. 
Placement. Should be primarily for identification/location; secondarily for advertising.
1. 
Should be integrated into the particular architectural character and linked by common forms — not simply applied, i.e., blend with the existing architecture.
2. 
Should follow historical precedent, if there is one, of particular building or of Lebanon City generally, in form and in placement on building.
3. 
Should be primarily pedestrian oriented.
*
Painted on glass.
*
Hanging perpendicular to facade over sidewalk.
*
Lettered on awning/canopy.
B. 
Appearance.
1. 
Should be linked to particular building colors, display similar quality of materials, design, and workmanship that compliment and fit into surrounding architectural context, and relate to Lebanon character.
2. 
Should be either convincingly in period with building or clearly contemporary to emphasize old/new interrelationship. NOTE: Contemporary can still be very sympathetic with old context — need not be jarring.
3. 
Hardware should be thoughtfully integrated into sign design.
4. 
If lighting of signs is to be considered as part of the aesthetic illumination of the overall display and/or architecture, the illumination should be subtle, pedestrian oriented, and not in competition with adjacent illuminated signs.
5. 
Have clear, legible lettering not overly fancy.
(6) 
Projecting limits. In Sign Zones A, B and C, projecting signs shall not extend more than three feet from the face of the wall to which they are attached. In Sign Zone E, projecting signs may not extend further than four feet from any building structure. In Sign Zone D, projecting signs may not extend further than six feet out from any building structure. In any sign zone, no permitted projecting sign or part thereof may extend nearer the curb line than one foot, nor more than 18 inches into a public street having a right of way of 15 feet or less.
(7) 
Height limits. Every part of any projecting sign shall be at least 10 feet above any public sidewalk, property line or any public area except in Sign Zone E, where a minimum height of eight feet shall be maintained.
(8) 
Illumination. All projecting signs, the area of the display surface of which exceeds 12 square feet, shall be equipped for artificial illumination and shall be operated and maintained as such.
(9) 
Projecting over canopies. Projecting signs shall not be supported in whole or in part by a canopy unless they form part of or are suspended from such canopy.
[Amended by Ord. 2-1990, 91 § 9, 10, passed 1-22-1990; Ord. 7-1998, 99, passed 5-26-98]
(j) 
Wall signs.
(1) 
Permitted zones. Wall signs may be displayed in Sign Zones C, D and E only.
(2) 
Area of wall signs. In Sign Zones C, D and E, wall signs shall be subject to the two-to-one ratio requirement, except that signs painted on or affixed to the inside or outside of windows on the ground floor shall not be included in this computation unless their combined area exceeds 50% of the area of the window they occupy.
(3) 
Sign Zone D. Notwithstanding subsection (j)(3)B. hereof, in Sign Zone D wall signs may be displayed on the rear and side walls of buildings without regard for the two-to-one ratio requirement:
A. 
Where the area of the display surface of any such sign does not exceed 25% of the area of the exterior surface of the wall upon which such sign is displayed; or
B. 
If there shall be more than one such sign on any wall of a building where the aggregate area of the display surface of all such signs displayed on such wall does not exceed 25% of the area of the exterior surface of the wall upon which such signs are displayed.
For the purpose of this subsection, the area of the exterior surface of a wall shall be reckoned exclusively of the area of any and all doors, windows and other apertures therein and no wall which in plan is parallel or nearly parallel to any street boundary perpendicularly distant less than 25 feet therefrom at any point shall be deemed to be a side or rear wall.
(4) 
Wall signs in Zone E. In Sign Zone E, wall signs shall meet the location requirements for fascia signs in Zone E and shall pertain only to a business carried on in such building. Only one such wall sign shall be displayed on each wall of any building or structure.
(k) 
Suspended signs.
(1) 
Permitted zones. Suspended signs may be displayed in Sign Zones B, C, D and E only.
(2) 
Area requirements. Suspended signs in Zones B, C, D and E shall be subject to the one-to-one ratio requirement.
(3) 
Height above sign. Where a suspended sign or its supports are over a street, sidewalk or other public area, no part of such sign or its supports shall be less than 10 feet in height above the level of the street immediately under the sign.
(4) 
Height of sign. The height of the display surface of any suspended sign shall not exceed 12 inches.
(5) 
Illumination. All suspended signs exceeding 12 square feet in area shall be equipped for artificial illumination and shall be operated and maintained as such.
(l) 
Roof signs.
(1) 
Permitted zones. Roof signs may be displayed in Sign Zone D only.
(2) 
Size in sign Zone D. In Sign Zone D, roof signs shall be subject to the one-to-one ratio requirement.
(3) 
Height above roof. The lower edge of the display surface of every roof sign shall not be less than four feet above the highest point on the roof or other surface directly under the sign and no part of the display surface shall be less than four feet from any fire wall or outside wall of the building on which the sign is situated, provided that this section shall not apply to roof signs not over four feet in height.
(4) 
Sign limitations. No part of any roof sign shall be of a greater height above any point on that part of the roof or other surface which is immediately below the sign than appears on the following table:
Height of Building
(feet)
Height Above Roof
(feet)
Up to 15
5
15 to 20
10
Over 20
15
(5) 
Projection. No part of any roof sign shall project over a street.
(6) 
Obstructions. No roof sign shall be placed on the roof of any building or structure in such a manner as to prevent free passage from one part of the roof to another or to any other part thereof or interfere with openings in the roof.
(m) 
Class A billboards.
(1) 
Permitted zones. Class A Billboards may be displayed in Sign Zones C, D and E only.
(2) 
Size requirements. The display surface of Class A billboards shall not exceed 16 square feet.
(3) 
Number permitted. Not more than two Class A billboards shall be located on one parcel of land.
(4) 
Advertisement limits. Advertisements on Class A billboards shall pertain only to a business, commodity, service or entertainment conducted, sold or offered upon the premises where the Class A billboard is located.
(n) 
Class B billboards.
(1) 
Permitted zones. Class B billboards may be displayed in Sign Zone D.
(2) 
Area limitations. The display surface of Class B billboards shall not exceed 300 square feet.
(3) 
Number permitted. Not more than one Class B billboard shall be located on each lot or parcel of land.
(4) 
Dimensions permitted. No part of any billboard shall be of greater height than 20 feet above the highest point from the ground or other permanent surface immediately below it.
(5) 
Setbacks. Class B billboards shall meet all the setback requirements of the zoning district in which they are located; provided, however, that no part of any billboard situated either on a lot or parcel of land on which there is a building occupied in whole or in part as a residence or on a lot or parcel adjoining a lot or parcel upon which there is such a building shall be closer than the building to the street upon which the building fronts.
(6) 
Maintenance. The site of every billboard shall be kept free of brush, debris and litter at all times.
(7) 
Space between sign and ground. Class B billboards shall have an open space not less than two feet between the base line of the billboard and the ground level. This open space may be filled in with a platform or decorative lattice work which does not close off more than 1/2 of any such open space.
(o) 
Combination signs. Each portion of a combination sign shall be subject to the individual regulations for each type of sign comprised in the same.
(p) 
Flashing or moving signs. Flashing or moving signs may be permitted in Sign Zone D only.
(q) 
Permits and fees.
(1) 
Permits required. No person shall erect, repair, alter, relocate or maintain within the City any of the following signs without first obtaining a permit from the Zoning Officer making payment according to the following schedule:
Type of Sign
Fee
A.
Temporary: one
$2
2 to 10
$5
11 or more
$25
B.
Billboard, projecting, fascia, wall, roof, suspended, combination or free-standing with less than two square feet of surface area
$10
C.
Billboard, projecting, fascia, wall, roof, suspended, combination or free-standing with two square feet or more of surface area and up to 100 square feet of surface area
$20
D.
Billboard, projecting, fascia, wall, roof, suspended, combination or free-standing with 100 square feet of surface area or more
$50
(2) 
Application for permit. Application for sign permits shall be made upon forms provided by the Zoning Officer and shall contain or have attached thereto the following information:
A. 
The name, address and telephone number of applicant;
B. 
Location of the building, structure or lot to which or upon which the sign is to be attached or erected;
C. 
Position of the sign in relation to adjacent buildings or structures;
D. 
Two copies of plans and specifications, the method of construction, and attachment to the building or ground;
E. 
Where applicable, a copy of stress sheets and calculations showing that the sign is designed for dead load and wind pressure in the amount required by Part 17 of the Codified Ordinances, "Building Code";
F. 
The name of the person, firm or corporation erecting the sign;
G. 
Written consent of the owner of the building, structure or land to which or on which the sign is to be erected; and
H. 
Any other information necessary to show full compliance with this and all other laws and ordinances of the City.
(3) 
Illuminated signs. The application for a permit for the erection of a sign in which electrical wiring and connections are to be used shall be accompanied by an electrical permit and be submitted to the Electrical Inspector. In the event that the electrician to do the final wiring is unknown at the time of such issuance, the electrical work may not commence before notification to the Department of Public Safety of the name of the electrician. The Inspector shall examine the plans and specifications of all wiring connections to determine if the same complies with the Electrical Code, and he shall approve the permit if the plans and specifications 'comply with such Code. He shall also inspect such signs after their erection for compliance with the permit application.
(4) 
Unsafe and unlawful signs. If the Building Inspector or Zoning Officer finds that any sign regulated herein is unsafe or insecure or is a menace to the public or had been constructed or erected or is being maintained in violation of the provisions of this Zoning Code, he shall give written notice to the permittee thereof. If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth within 10 days after such notice, such sign may be removed or altered to comply by the Inspector or Officer at the expense of the owner of the property upon which it is located. The Inspector or Officer may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
[Ord. 27-1968, 87, passed 10-27-1986; Ord. 2-2012, 13, § 1, passed 5-29-2012]
(a) 
Intent. These regulations are designed to prohibit or restrict construction of any permanent building or structure, or uses and activities in the Special Flood Hazard Area (SFHA), in order to prevent unnecessary loss of life or property from possible natural catastrophe, as well as to protect stream valleys from ecologically detrimental development that may contribute to a water pollution problem, create erosion in and around watercourses, and induce flooding conditions. In addition, these provisions are intended to prevent the creation of health, welfare, and safety hazards, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, to minimize future flood damage, and comply with Federal and State floodplain management requirements.
(b) 
Definition of terms utilized in the SFHA.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ALLUVIAL SOILS MAPS
Soils maps prepared by the United States Department of Agriculture, Soil Conservation Service which indicate the location of soil types. Alluvial soils on these maps are soils of floodplains that are sediment deposits washed from upland areas. The presence of an alluvial soil indicates that the land has been flooded at some previous point in time.
BASE FLOOD
A flood which has a 1% chance of being equaled or exceeded in any given year (also called the one-hundred-year flood).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human occupancy.
CONSTRUCTION
Includes the building, reconstruction, extension, expansion, alteration, substantial improvement, erection or relocation of a building or structure, including manufactured homes, and gas or liquid storage tanks. For floodplain purposes, "new construction" includes structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the municipality.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD
A general and temporary inundation of normally dry land areas by water from waterway overflows or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation of that flood more than one foot at any point.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Dept. of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
C. 
Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. 
By an approved State program as determined by the Secretary of the Interior.
2. 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basements). An unfinished flood resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this Zoning Code.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes (1) all mobile homes and (2) camping trailers, recreational vehicles, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
MANUFACTURED HOME PARK AND/OR SUBDIVISION
A lot or area which is a planned development and designated to contain two or more manufactured homes for rent or for sale. Any lot or area proposed to utilize such design where individual manufactured home sites are proposed for sale shall be known as a manufactured home subdivision.
MARKET VALUE
For the purposes of this Zoning Code, shall be determined utilizing the market value established by the Lebanon County Tax Assessment Office.
MINOR REPAIR
The replacement of existing work with the equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit way requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any stand pipe, water supply, sewer, drainage, drain, leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after June 5, 2012, and indicates any subsequent improvements to such structures. Any construction started after December 4, 1979, and before June 5, 2012, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 90 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
RECREATIONAL VEHICLE
A vehicular-type of portable structure which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) self-propelled or mounted on or drawn by another vehicle, and (4) primarily designed as temporary living accommodations for recreation, camping or travel or seasonal use and not as a permanent dwelling. The term recreational vehicle includes, but is not limited to, travel trailers, camping trailers, truck campers and self-propelled motor homes.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) plus a freeboard safety factor of two feet.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on the FIRM as Zones A, AO, A1-30, AE, A99, or AH.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within one year after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank (principally above ground), a manufactured home, or any other man-made object usually assembled of interdependent parts or components which is designed to have a more or less fixed location, whether or not permanently attached at that location.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however include any project for the improvement of a structure to correct existing violations of the State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Zoning Code, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior of the State Historic Preservation Officer. Any exemption from the ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
TOXIC MATERIALS
The following materials and substances, which are listed in Section 38.7 of the Department of Community and Economic Development Flood Plain Management regulations, adopted pursuant to the Pennsylvania Flood Plain Management Act (Act 1978-166) have been determined to be dangerous to human life:
A. 
Acetone.
B. 
Ammonia.
C. 
Benzene.
D. 
Calcium carbide.
E. 
Carbon disulfide.
F. 
Celluloid.
G. 
Chlorine.
H. 
Hydrochloric acid.
I. 
Hydrocyanic acid.
J. 
Magnesium.
K. 
Nitric acid and oxides of nitrogen.
L. 
Petroleum products (gasoline, fuel oil, etc.).
M. 
Phosphorus.
N. 
Potassium.
O. 
Pesticides (including insecticides, fungicides, and rodenticides).
P. 
Sodium.
Q. 
Sulfur and sulfur products.
R. 
Radioactive substances, insofar as such substances are not otherwise regulated.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether by the municipality, a third party, or the Department of Labor and Industry. Applicable to residential and commercial buildings. The Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d) (3), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
(c) 
Delineation of districts. The Special Flood Hazard Area (SFHA) shall include all areas of this municipality subject to inundation by flood waters of the base flood. The basis for the delineation of the SFHA shall be the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) (dated June 5, 2012, or the most recent revision thereof), The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the municipality and declared to be part of this Zoning Code. The A and AE Zones are necessary to equitably enforce floodplain management controls in the SFHA. The A Area/District shall be those areas of the municipality identified as an A Zone on the FIRM included in the FIS prepared by FEMA for which no 1% annual chance flood elevations have been provided. The actual elevation and extent of the district is to be determined by the base flood elevation. In order to determine the base flood elevation, the following variety of sources of data shall be used:
(1) 
All digital data developed as part of the Flood Insurance Study.
(2) 
Alluvial Soil Maps prepared by the U.S. Soil Conservation Service.
(3) 
Local data from the 1972 flood.
(4) 
Army Corps of Engineers-Flood Plain Information Reports.
(5) 
U.S. Geological Survey-Flood Prone Quadrangles.
(6) 
Other available studies and sources of floodplain information.
For these areas, elevation and floodway information from Federal, State or other acceptable sources shall be used when available. In lieu of the previously mentioned, the municipality shall require the applicant to determine the base flood elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analysis 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, analysis, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality or a qualified agent thereof. The actual elevation and extent of the district shall be determined by the base flood elevation.
Floodway areas in the AE Zones, where flood heights and velocities are greatest, must have more restrictive provisions to prevent encroaching development from elevating flood levels or creating more danger to life or destruction of property. It has been delineated for purposes of this Zoning Code using criteria that a certain area within the floodplain must be capable of carrying the water of the base flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in the Flood Insurance Study and shown on the accompanying Flood Insurance Rate Maps (FIRM). In the AE Zones outside of the floodway, where base flood elevations have been determined, and the dangers of flooding are generally of a lesser degree, more types of development may occur, but with necessary restrictions. In a detailed study area, the AE Zone outside of the floodway shall be that area of the one-hundred-year floodplain not included in the Floodway District. The basis for the outermost boundary of the AE Zone shall be the base flood elevations contained in the flood profiles of the previously referenced Flood Insurance Study, and as shown on the accompanying maps.
All subdivision proposals and other proposed new developments shall provide base flood delineations; however, subdivision proposals and other proposed new development greater than 50 lots or five acres, whichever is the lesser, shall include actual base flood elevation data. It shall be the responsibility of the developer to provide the required base flood elevation data, in a form comparable to HEC-2, which shall be certified as accurate by a registered professional engineer.
Initial interpretations of the boundaries of the SFHA shall be made by the Floodplain Administrator. Where interpretation is needed concerning the exact location of any boundary of the SFHA, the Zoning Hearing Board shall make the necessary determination after hearing all evidence presented by the person or persons contesting the location of district boundaries. The burden of proof shall be the responsibility of the appellant, and he shall provide any and all technical information to support his case.
The identified floodplain area may be revised or modified by the municipal governing body where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available; a community shall notify FEMA of the changes by submitting technical or scientific data.
(d) 
District provisions. All uses, activities, construction, including manufactured homes, and other development occurring within the SFHA shall be undertaken only in strict compliance with the provisions of this Zoning Code and with all other applicable State and Federal codes, ordinances and requirements, including, but not limited to, Uniform Construction Code (UCC) and the Lebanon County Subdivision and Land Development Ordinance.
Under no circumstances shall any use, encroachment, activity and/or development adversely affect the capacity of the stream channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
No structure, including manufactured homes, or land shall hereinafter be used and no structures, including manufactured homes, shall be located, relocated, constructed, reconstructed, enlarged, structurally altered or substantially improved except in full compliance with the terms and provisions of this Zoning Code and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Zoning Code.
All permitted uses shall be regulated by the provisions of the nearest zoning district as shown on the Official Zoning Map. Where there happen to be conflicts between the provisions or requirements of the SFHA-A Zones and AE Zones and the nearest zoning district, the more restrictive provisions shall apply. In the event that any portion of the SFHA be declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the nearest zoning district shall be deemed to be the district in which the SFHA are located.
(1) 
SFHA-A Zone and Floodway Area in the AE Zones. In the A Zones and the floodway area in the AE Zones no development, including manufactured homes, shall be permitted except where it can be demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels within the community during the occurrence of the base flood discharge. Permitted uses. In the A Zones and floodway area of the AE Zones, the following uses and activities are permitted provided that (1) the information required in paragraph (n), "Additional Administrative Requirements," of this Zoning Code is submitted as a part of the permit application, (2) they are in compliance with the provisions of the nearest zoning district, (3) they will not result in any increase in the level of the base flood anywhere, (4) they are not prohibited by this or any other ordinance, (5) they do not require the placement or use of permanent on-lot sewage facilities within any of the SFHA, and (6) they do not require encroachments, new construction, manufactured homes, substantial improvements, fill, vehicles or parts thereof, or other development except as outlined below:
A. 
Agricultural uses such as general farming, horticulture, truck gardening, nurseries, pasturing, grazing, forestry, and sod farming and wild crop harvesting.
B. 
Public and private recreational uses and activities such as parks; picnic grounds; areas for short term camping or recreational vehicle uses; golf courses, boat launching and swimming areas; hiking, bicycling, and horseback riding trails; wildlife and nature preserves; game farms; fish hatcheries; shooting ranges; and hunting and fishing areas. Open structures such as picnic pavilions, consisting of a slab, open structural supports such as posts and pillars, and a roof shall be permitted only if constructed in compliance with the Uniform Construction Code (UCC).
C. 
All uses and open structures customarily accessory to permitted uses in the nearest adjoining district such as yard areas, gardens, or play areas; signs, unroofed porches, patios, open porches or carports provided that said structures are not enclosed by screening, latticing, studs, or structural supports less than eight feet apart which would in any manner restrict the flow of flood water and debris and are in compliance with the applicable requirements of the Uniform Construction Code; impervious parking and loading areas; and airport landing strips. Accessory structures shall not include manufactured homes, vehicles or parts thereof.
D. 
Utilities, public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.
E. 
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
F. 
Extraction of sand, gravel, and other materials.
G. 
Storage of materials and equipment provided that they are not buoyant; toxic to humans, animals, or vegetation; flammable or explosive, and are not subject to major damage by flooding; or provided that such material and equipment is firmly anchored to prevent flotation or movement; and/or can be readily removed from the area within the time available after flood warning.
(2) 
AE Zones Outside the Floodway Areas. In the AE Zones outside the floodway areas, where base flood elevations have been determined, the development and/or use of land shall be permitted in accordance with the regulations of the nearest zoning district provided that all uses, activities and/or development shall be undertaken in strict compliance with paragraph (e), "Flood Damage Control Regulations," of this Zoning Code and the Uniform Construction Code (UCC) and any other applicable State or Federal codes and ordinances. No permit shall be granted for any construction, development, use, or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the base flood elevation (BFE) more than one foot at any point.
(3) 
Prohibited uses. In the SFHA-A Zones and AE Zones, the following uses and activities are strictly prohibited:
A. 
Hospitals, sanitariums, sanatoriums, clinics, etc., whether public or private.
B. 
Public or private nursing homes.
C. 
Jails or prisons.
D. 
Public or private schools or institutions of higher education.
E. 
New manufactured home parks and manufactured home subdivisions, and substantial improvements to existing manufactured home parks.
F. 
A new or substantially improved structure which will be used for the production or storage of any materials which are toxic, flammable or explosive or which will be used for any activity requiring the maintenance of a supply of more than 550 gallons of such materials or any amount of radioactive substances.
G. 
Any other use, activity, or development not specifically permitted under the terms of this article.
(e) 
Flood Damage Control Regulations.
(1) 
Basements and first floors.
A. 
All new construction (including manufactured homes) and substantial improvements (including manufactured home) of residential structures must have the lowest floor (including basements) constructed at or above an elevation of two feet above the base flood elevation. Additionally, manufactured homes shall be placed on a permanent foundation; anchored to resist flotation, collapse, or lateral movement.
B. 
All new construction and substantial improvements of non-residential structures must have the lowest floor (including basements) constructed at or above an elevation of two feet above the base flood elevation: or together with attendant utility and sanitary facilities, be floodproofed to an elevation of two feet above the base flood elevation in accordance with the following:
1. 
Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed.
2. 
A determination of elevations of existing ground, proposed finished ground, lowest floor level, and floodproofing limits; certified by a registered professional engineer, surveyor, or architect.
3. 
A certificate prepared by the registered professional or architect who prepared the plans in (1) above, that the structure in question, together with attendant utility and sanitary facilities, is designed so that; (1) below an elevation of two feet above the base flood elevation the structure is watertight, with walls substantially impermeable to the passage of water, (2) the structure will withstand the hydrostatic, hydrodynamic, buoyant, impact, and other forces resulting from the flood depths, velocities, pressures, and other factors associated with the base flood.
(2) 
Electrical, mechanical, and plumbing systems.
A. 
All electric water heaters, electric furnaces, electric air conditioning and ventilating systems, and other critical electrical installation shall be permitted only at elevations of two feet above the base flood elevation.
B. 
No electrical distribution panels shall be allowed at an elevation less than two feet above the base flood elevation.
C. 
Water heaters, furnaces, and other critical mechanical installations shall be permitted only at elevations of two feet or more above the base flood elevation.
(3) 
Space below the lowest floor.
A. 
Fully enclosed space below the lowest floor (excluding basements) which will be used solely for parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow 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 meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following 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; (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 may permit the automatic entry and exit of floodwaters.
(4) 
Additionally, all new construction (including manufactured homes) and substantial improvement (including manufactured home) of residential and nonresidential structures shall comply with all applicable requirements of the Uniform Construction Code (UCC).
(f) 
Additional safeguards.
(1) 
No encroachments, including manufactured homes, new construction or development, shall be located within a designated floodway. Where the floodway has not been specifically identified for a stream or waterway, no encroachments shall be permitted within the stream channel (from top of bank to top of bank). Furthermore, encroachments outside the stream banks but within the SFHA shall be permitted only when in compliance with this Zoning Code and Pennsylvania Department of Environmental Protection permit requirements.
(2) 
No part of any private on-lot sewage disposal system shall be constructed within any SFHA.
(3) 
Community water supply systems and sanitary sewage systems shall be designed and located to preclude infiltration of flood water into the system and discharges from the system into flood waters.
(4) 
The municipality will endeavor to coordinate its floodplain management program with neighboring municipalities, particularly when the property(ies) in question is located near a municipal boundary.
(5) 
All buildings and structures, including manufactured homes, shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.
(6) 
The following shall not be placed or caused to be placed in any of the designated SFHA: 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 flood waters would carry the same downstream to the damage or detriment of either public or private property adjacent to the floodplain.
(7) 
Recreational vehicles to be placed within any SFHA shall be on the site for fewer than 180 consecutive days and fully licensed and ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect utilities and security devices, and has no permanent foundation or attached additions.
(8) 
Filling or the dumping of fill material is prohibited in the SFHA on vacant lots or on land not scheduled for approved construction activities. Fill shall ONLY be used in the SFHA to raise the finished surface of the lowest floor of a structure to an elevation of a minimum of two feet above the base flood elevation provided the following conditions are met:
A. 
Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points. For nonresidential structures, fill shall be placed to provide access acceptable for the intended use. At grade access, with fill extending laterally 15 feet beyond the building line, shall be provided to a minimum of 25% of the perimeter of a non-residential structure.
B. 
Fill shall consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
C. 
Fill material shall be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
D. 
Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Floodplain Administrator.
E. 
Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
F. 
Use of fill shall be permitted only when the property owner or applicant provides a document acceptable by the Floodplain Administrator, certified by a registered professional engineer, stating that the cumulative effect of the proposed fill, in conjunction with the other anticipated development, will not result in an increase in the water surface elevation of the base flood at any point.
(9) 
Prior to any stream or watercourse alteration or relocation, a permit shall be obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. Also adjacent communities, the Department of Community and Economic Development, and the Federal Emergency Management Agency (FEMA) must be notified. Additionally, the municipality must be assured that the flood carrying capacity of an altered or relocated watercourse will be maintained by the developer.
(10) 
The placement of any manufactured home in the SFHA is prohibited except as a replacement unit in an existing manufactured home park or an existing manufactured home subdivision. Said replacement units and any substantial improvements thereto shall comply with paragraph (e), "Flood Damage Control Regulations," of this Zoning Code and be placed on a permanent foundation: elevated so that the lowest floor of the manufactured home is at least two feet above the base flood elevation; anchored to resist flotation, collapse, or lateral movement; and comply with the Uniform Construction Code (UCC).
(g) 
Factors to be considered by the Zoning Hearing Board when reviewing variances. In reviewing applications for variances, the Zoning Hearing Board shall consider and shall apply all relevant factors specified in this Zoning Code, in the Pennsylvania Municipalities Planning Code (Act 247, as amended), and other State or Federal ordinances and shall apply all of the following factors:
(1) 
The danger of life and property due to increased flood heights or velocities caused by encroachments.
(2) 
The danger that materials may be swept onto 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 structure or use 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 or structure with existing development and development anticipated in the foreseeable future.
(9) 
The relationship of the proposed use or structure to the Comprehensive Plan and floodplain management programs of 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 flood water expected at the site.
(12) 
No variance shall be granted to allow either in whole or in part any prohibited use listed in subparagraph (3), "Prohibited Uses," of paragraph (d), "District Provisions," of this Zoning Code.
(13) 
Where appropriate, variances may be granted for the reconstruction, rehabilitation or restoration of historical structures as defined herein.
(14) 
The granting of a variance shall provide relief only from the specific term(s) of the floodplain regulations requested, not exemption from all floodplain regulations or any applicable insurance premiums, nor any State or Federal permitting requirements.
(15) 
Variances shall not be granted which result in any increase in the base flood elevation.
(16) 
Variances shall be granted only when and where the applicant demonstrates compliance with the provisions of the Pennsylvania Municipalities Planning Code (Act 247, as amended).
(17) 
Variances shall be granted only when they are shown to be the minimum relief necessary, considering the flood hazard.
(18) 
When variances are granted, written notification, signed by the appropriate local official, shall be given to the applicant indicating that:
A. 
Increased insurance premium rates will result.
B. 
Construction occurring below the base flood elevation will increase risks to life and property.
(19) 
Other factors which are relevant to the purpose of this Zoning Code.
(h) 
Nonconformities. A structure, or use of a structure or land which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following:
(1) 
Existing nonconforming structures or uses located in the SFHA-A Zones and floodway areas of the AE Zones:
A. 
Shall not be moved, replaced or substantially improved, but may be modified, altered, or repaired to incorporate all applicable floodproofing measures as per paragraph (e), "Flood Damage Control Regulations," of this Zoning Code and the Uniform Construction Code (UCC), provided that such measures and elevation techniques do not raise the level of the base flood.
B. 
May be expanded or enlarged, but not substantially improved, provided that said expansion or enlargement (1) does not exceed 25% of the area of the first floor of the structure existing at the effective date of a floodplain management regulation adopted by the municipality, (2) is not constructed below the existing first floor elevation, and (3) complies with all applicable floodproofing requirements of paragraph (e), "Flood Damage Control Regulations," of this Zoning Code and the Uniform Construction Code. Plans for the above mentioned expansion or enlargement shall be accompanied by a side profile of the existing and proposed structures and shall indicate existing grade, floor elevations, use of fill, etc.
(2) 
Existing nonconforming structures or uses located in the AE Zones, outside the floodway areas, where base flood elevations have been determined:
A. 
May be substantially improved, moved, replaced, modified, altered, or repaired provided that such work is conducted in full compliance with the provisions of this Zoning Code, paragraph (e), "Flood Damage Control Regulations," of this Zoning Code, and the Uniform Construction Code (UCC), and any other applicable codes or ordinances.
B. 
May be enlarged or expanded in a manner which is not a substantial improvement as defined by this Zoning Code, and provided that said enlargement or expansion complies with the above requirements (1), (2) and (3) of subparagraph (1)B of paragraph (h), "Nonconformities."
(3) 
If any nonconforming structure or use, including manufactured homes, located in the SFHA is demolished, removed, substantially damaged or destroyed by any means, including floods, to an extent of 50% or more of the market value of the structure, it shall not be reconstructed, replaced, or continued except in conformity with the provisions of this Zoning Code, paragraph (e), "Flood Damage Control Regulations," of this Zoning Code, and the Uniform Construction Code (UCC), and any other applicable ordinance.
(i) 
Lot area, yard and sign requirements. The lot area, yard, sign and other district requirements of the land in question shall be the same as the district requirements of the nearest zoning district.
(j) 
Designation of the floodplain administrator. The Zoning Officer is hereby appointed to administer and enforce this Zoning Code and is referred to as the Floodplain Administrator.
(k) 
Duties of the floodplain administrator.
(1) 
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(2) 
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(3) 
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises, or development in the identified floodplain area, upon presentation of the proper credentials, at any reasonable hour to enforce the provisions of this Zoning Code.
(4) 
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the municipal governing body for whatever action it considers necessary.
(5) 
The Floodplain Administrator shall maintain all records associated with the requirements of this Zoning Code including, but not limited to, permitting, inspection, and enforcement.
(6) 
The Floodplain Administrator or other authorized official shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
(l) 
Building and zoning permits required. Building and zoning permits shall be required before any new construction, substantial improvement, placement or relocation of any structure (including manufactured homes) or development is undertaken within any identified flood prone area of the municipality. Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by the State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344; and any other required local, State, or Federal permits, including, but not limited to, the following permits when applicable; floodway, wetland, surface mining, earth disturbance, or the State Fire Marshall. No permit shall be issued until this determination has been made. The applicant shall submit to the Floodplain Administrator copies of all other required State and Federal permits. Copies of all required permits shall be maintained by the Floodplain Administrator as a part of the building and zoning permit files.
After the issuance of a building permit or site plan approval by the Floodplain Administrator, no changes of any kind shall be made to the application, permit, or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator.
(m) 
Application procedures and requirements. Applications for a building and zoning permit shall be filed by the property owner, his authorized agent or an individual with a proprietary interest in the property, said individual to hereafter be known as the applicant. Applications shall be submitted to the Floodplain Administrator and contain the following:
(1) 
Building and zoning permit application form. On a form supplied by the Floodplain Administrator, the applicant shall provide information to describe the size, location, and nature of the proposed building, structure or use. The applicant shall sign the application form to verify the accuracy of their information.
(2) 
Plot plan. All applications for a building and zoning permit shall be accompanied by a plot plan in accordance with the following:
A. 
Name and address of the applicant.
B. 
Name and address of the owner of the land on which the proposed construction is to occur.
C. 
Name and address of contractor.
D. 
Site location address.
E. 
Three copies of the plot plan shall be submitted. In lieu thereof, an 8 1/2 inches by 11 inches plot plan is acceptable, provided it is suitable for photocopying.
F. 
The plot plan shall show, where applicable, size, shape, and dimensions of the lot; size and location of all existing buildings; size, location, and use of all proposed buildings, additions, or alterations; parking lots; parking spaces, driveways, signs, and other site improvements; and other information as may be necessary to determine conformance with this Zoning Code.
G. 
Brief description of proposed work and estimated cost, including a breakout of flood related cost and market value of the building before the flood damage occurred where appropriate.
(3) 
Application fee. All applications for a building and zoning permit shall be accompanied by a fee in accordance with the current schedule of fees adopted by resolution by the municipality.
(4) 
Placards. In addition to the building and zoning permit, the Floodplain Administrator shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building and zoning permit, the date of issuance, and signed by the Floodplain Administrator.
(5) 
Start of construction. Work on the proposed construction and/or development shall begin within 180 days after the date of issuance and shall be completed within one year after the date of issuance of the building and zoning permit or the building and zoning permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Time extensions shall only be granted if the written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.
(n) 
Additional administrative requirements.
(1) 
To insure that all construction and development on property which contains identified floodplain areas will be conducted employing flood damage controls, the Floodplain Administrator shall require the following additional information to be included as part of an application for a permit:
A. 
A plan, at a scale of one inch being equal to 100 feet or less, shows a north arrow, scale, and date, the location of all existing and proposed buildings structures, and other improvements, which accurately locates the proposed construction and/or development with respect to existing bodies of water or watercourses, identified floodplain area boundaries, stream channel, and if available, information pertaining to the floodway, and flow of water including direction and velocities, existing floodplain development and all proposed subdivision and land development to assure that:
1. 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.
2. 
All public utilities and facilities, such as sewer, water, gas, telephone, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.
3. 
Adequate drainage is provided to reduce exposure to flood hazard.
4. 
Structures will be anchored to prevent flotation, collapse, or lateral movement.
5. 
Building materials are flood-resistant.
6. 
Appropriate practices that minimize flood damage have been used.
7. 
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
B. 
Such plan shall also include existing and proposed contours (at intervals determined to be adequate by the Floodplain Administrator based upon site conditions) and elevations of the grounds, base flood elevations, structure elevation, lowest floor elevation based upon North American Vertical Datum of 1988, size of structure, location and elevation of streets, water supply, sanitary sewage facilities, supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC or latest revisions thereof, soil types and flood proofing measures. When proposed construction and/or development involves structures and/or fill to be located within the designated floodplain, such plan shall also include details of proposed fill, pile structures, retaining walls, foundations, erosion control measures, and the Floodplain Administrator may require more detailed contour and elevation data. If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
C. 
A document certified by a registered professional engineer or architect that adequate precautions against flood damage have been taken with respect to the design of any building or structure, and that the plans for the development of the site adhere to the restrictions cited in this Zoning Code, the Uniform Construction Code (UCC), and other applicable ordinances.
D. 
A document certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a SFHA when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point.
E. 
A document certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood elevation. Such statement shall include a description of the type and extent of the flood proofing measures which have been incorporated into the design of the structure and/or the development.
F. 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
G. 
Where excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
(2) 
Review of application by others. The Floodplain Administrator may require that a copy of all plans and specifications for construction and/or development affecting identified floodplain areas be submitted to other appropriate agencies and/or individuals (e.g., County Conservation District, Planning Commission, Municipal Engineer, etc.) for review and comment prior to the issuance of a building permit. When proposed construction and/or development involves structures and/or fill which will be located directly within the designated floodplain, the Floodplain Administrator shall submit said plans and specifications to the appropriate agencies and/or individuals as indicated above. Recommendations from these sources shall be considered for possible incorporation into the proposed plan and may be made a condition for approval of a building and zoning permit.
(3) 
A record of all variances granted, including their justification, shall be maintained by the community as well as reported in the annual report to the Department of Community and Economic Development (DCED) and the biennial report to FEMA.
(o) 
Enforcement.
(1) 
Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Zoning Code, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
A. 
Be in writing.
B. 
State the name of the owner of record and any other person against whom the municipality intends to take action.
C. 
State the location of the property in violation.
D. 
State the specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.
E. 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Zoning Code. State the date before which the steps for compliance must be commenced and the date before which the steps must be completed, not to exceed 30 days.
F. 
State the date before which the steps for compliance must be commenced and the date before which the steps must be completed, not to exceed 30 days.
G. 
State that the recipient of the notice has the right to appeal to the municipal zoning hearing board within a prescribed period of time in accordance with procedures set forth in this Zoning Code.
H. 
State that failure to comply with the notice within the time specified, unless extended by appeal to the zoning hearing board, constitutes a violation, with possible sanctions clearly described.
I. 
Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State.
(2) 
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this Zoning Code shall, upon being found liable therefore in a civil enforcement proceeding commenced by the City, pay judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the City as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the City may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation violating this Zoning Code to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the 5th day following the date of the determination of a violation by the district justice and therefore each day that a violation continues shall constitute a separate violation.
(3) 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(4) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the City the right to commence any action for enforcement pursuant to this section.
(5) 
District justices shall have initial jurisdiction over proceedings brought under this section.
(p) 
Conflicting ordinances. Ordinances or parts of ordinances in conflict with this article, or inconsistent with the provisions of this article are hereby repealed to the extent necessary to give the SHFA-A Zones full force and effect. This Zoning Code supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this Zoning Code, the more restrictive shall apply.
(q) 
Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this Zoning Code shall be declared to be invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the ordinance, which shall remain in full force and effect, and for this purpose the provisions of this Zoning Code are hereby declared to be severable.
(r) 
Statement of disclaimer. The degree of flood protection sought by the provisions of this Zoning Code is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study; however, larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Zoning Code does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages. This Zoning Code shall not create liability on the part of this municipality or any officer or employee thereof for any flood damage that results from reliance on this Zoning Code or any administrative decision made thereunder.