A.
Zoning Code purpose. This Zoning Code is for regulating and restricting
the height, number of stories and size of buildings and other structures,
their construction, alteration, extension, repair, maintenance, replacement
or removal, their density of occupancy, all facilities in or about
them, their location and use, the use of them or of land for trade,
industry, residence or other purposes, the percentage of lot they
may occupy and the size of yards, courts and other open spaces, the
establishment, maintenance or setting back of building lines upon
the streets, protection and preservation of natural resources; for
creating zoning districts for such purposes and establishing boundaries
thereof; for establishing classes of buildings, other structures and
land for such purposes; for defining certain terms used herein; and
for providing for administration and amendment and for the Zoning
Hearing Board; and for the imposition of penalties for violations
thereof.
B.
Short title. This chapter shall be known as and may be cited as the
"Easton Zoning Code."
C.
Zoning and block class maps incorporated; citation.
(1)
The accompanying zoning district map is hereby declared to be part
of this chapter and shall be known as and may be cited as the "Official
Zoning Map" and the "Official Map of the City of Easton."[1]
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
(2)
The accompanying block class map is hereby declared to be part of
this chapter and shall be known as and may be cited as the "Official
Block Class Map."[2]
[2]
Editor's Note: The Official Block Class Map is included as an attachment to this chapter.
D.
Severability and validity. If any section, subsection, provision,
regulation, sentence, clause, phrase or word in this chapter or the
zoning district boundaries as shown on the Zoning Map shall be for
any reason declared to be illegal, unconstitutional or invalid by
any Court of competent jurisdiction, such decision shall not affect
or impair the validity of the remaining provisions of this chapter
or the Zoning Map.
E.
Council intention upon declaration of invalidity. Council hereby
declares that it would have adopted this chapter and each section,
subsection, provision, regulation, sentence, clause, phrase and word
thereof and each zoning district boundary of the Zoning Map, irrespective
of the fact that any one or more of the sections, subsections, provisions,
regulations, sentences, clauses, phrases, words or boundaries may
be declared illegal, unconstitutional or invalid.
A.
Enumerated purposes of Zoning Code adoption. This Zoning Code is
adopted pursuant to the provisions of the Pennsylvania Municipalities
Planning Code[1]; is made in accordance with the Official Comprehensive Development Plan of the City, hereinafter referred to as the Comprehensive Plan; and is intended to be interpreted and applied so as to be consistent with Traditional Neighborhood Development, City of Easton Code; Chapter 318, Historic Preservation; and the City of Easton Building Code. It is adopted for the following purposes:
(1)
The promotion and protection of the public health, safety, morals,
comfort, convenience and the general welfare of the people.
(2)
The division of the City into districts, restricting and regulating
therein the location, construction, reconstruction, alteration, intensity,
use and form of buildings, structures and land for commercial, industrial,
recreational, residential and other specified uses.
(3)
The protection of the established character and maintenance of the
stability of commercial, industrial, recreational and residential
areas within the City and the promotion of orderly growth and beneficial
development and redevelopment of such areas so that, even after the
granting of permits by the Planning Commission and the granting of
area variances and special exceptions by the Zoning Hearing Board,
as herein provided, the character and stability of such areas will
be preserved and protected from incompatible land use.
(4)
The provision of adequate light, air, privacy and convenience of
access to property.
(5)
The provision of water, sewerage, schools, recreational facilities,
public grounds, access to incident solar energy, police protection
and a safe, reliable and adequate water supply for domestic, commercial
or industrial use.
(6)
The accommodation of reasonable overall community growth, including
population and employment growth, and opportunities for development
of a variety of residential dwelling types and nonresidential uses.
(7)
The preservation of the City's natural and scenic values, the preservation
of the City's historic resources and landmarks, and the preservation
of environmentally sensitive lands, including forests, woodlands,
wetlands, aquifers, steep slopes, waterways, and floodplains.
(8)
The prevention of congestion in the public streets and the protection
of the health, safety, convenience and general welfare by providing
for off-street parking of motor vehicles and for the loading and unloading
of commercial vehicles.
(9)
The protection and extension of the City's traditional street grid
for reasons of public safety, walkability, enhanced vehicular access
and connectivity, and the preservation of the City's historic character.
(10)
The prevention of overcrowding of land and undue concentration
of structures by regulation of the size, height, bulk, location and
use of buildings and structures in relation to the surrounding land.
(11)
The protection against fire, explosion, noxious fumes and other
hazards in the interest of public health, safety, comfort and general
welfare.
(12)
The conservation of taxable value of land and buildings throughout
the City.
(13)
The promotion in the public interest of the utilization of land
for the purpose for which it is most appropriate.
(14)
The definition of and limitations on the powers and duties of
the administrative offices and bodies provided in this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Statement of community development objectives; district purposes.
Easton's community development objectives are encompassed in the City's
Comprehensive Plan as adopted by resolution of Council in 2015.
(1)
The College Hill District's purpose is to protect the character of
this unique hillside neighborhood adjoining Lafayette College, accommodating
a mix of housing types and development intensities, neighborhood retail
and commercial services, green space, and appropriate infill.
(2)
The College Hill/Institutional-1 Transitional Zone District's purpose
is to provide for a mix of residential and nonresidential uses and
development that will enhance the transition from Lafayette College
campus to the College Hill community. Uses would allow students, staff,
faculty, residents, and visitors to live, shop, dine and receive their
wellness needs. The district encourages mixed-use buildings and alternative
modes of transportation such as walking and biking, with an emphasis
on promoting safe and attractive pedestrian-oriented landscapes as
well as a reduction in the need for impervious surfaces for parking.
(3)
The South Side District's purpose is to enhance the character of
this neighborhood by accommodating a mix of housing types and development
intensities, green space, local and regional commercial, retail, and
appropriate infill and redevelopment and infill that maintains or
extends the existing network of streets and alleys.
(4)
The West Ward District's purpose is to protect and enhance the character
of this existing neighborhood located on a similar topographic plane
as the Downtown by accommodating a mix of housing types and development
intensities, green space, neighborhood retail and commercial services,
and appropriate infill and redevelopment that maintains or extends
the existing network of streets and alleys.
(5)
The West Ward/Institutional-2 Transitional Zone Districts purpose
is to provide a mix of uses and development that will enhance the
transition from the Northampton County Government institutional campus
to the West Ward Neighborhood. Existing and new uses would allow county
staff, legal businesses and agencies, associated and ancillary businesses
and neighborhood residents to live, work, receive personal and professional
services, and dine. The district encourages a variety of uses and
mixed-use building styles and both vehicle and alternative modes of
transportation.
(6)
The River Corridors and Other Green Areas District's purpose is to
accommodate appropriate development while providing for adequate protection
and buffering of the City's waterways and other natural resources;
assist in flood management; protection of environmentally sensitive
areas; and meet the need for local and regional greenways, open space,
and recreation within the City.
(7)
The Institutional-1 District's purpose is to accommodate the orderly
development of educational campuses providing four-year or higher
degree programs, such as Lafayette College.
(8)
The Institutional-2 District's purpose is to accommodate the orderly
development needed to meet the institutional needs of Northampton
County.
(9)
The Downtown District's purpose is to provide the highest intensity
of development within the core of the City of Easton, while preserving
the City's historic resources and context; to promote a mix of regional
commercial and office space, with residential opportunity and neighborhood
services; and to support mass transit and transit-oriented development.
(10)
The Business and Entertainment District's purpose is to encourage
active uses and storefronts that enhance Easton's Downtown as a place
to visit, do business, and stay for evening dining and entertainment.
(11)
The Adaptive Reuse District's purpose is to promote the redevelopment
and revitalization of underutilized and underperforming areas of the
City with residential, institutional, and commercial uses and industrial
development in an environmentally sensitive manner.
(12)
The Expressway Transitional District's purpose is to accommodate
industrial, commercial, mixed and advertising uses in areas adjacent
to multilane, controlled-access roads, to promote better safety and
welfare within the City of Easton. These areas have traditionally
been geared toward industry and commerce, with a minimal residential
base. As such, the Expressway Transitional (ET) District is ideal
for uses which are incompatible with residential areas.
(13)
The Street Corridor Enhancement Overlay District's purpose is
to accommodate medium- and high-intensity development at the gateways
to the City and along the principal vehicular and pedestrian corridors,
and to promote compact, walkable, mixed-use buildings with local and
regional commercial services, compatibly scaled light industrial,
and residential uses.
(14)
The Innovation Overlay District's purpose is to protect the
existing residential neighborhood while accommodating the expansion
and enhancement of compatible light industrial and commercial opportunities
that meet rigorous design standards and review.
C.
Interpretation of provisions. In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and the general welfare
of the City of Easton. The provisions of any statute, other sections
of this chapter, law, rule or regulation which impose greater restrictions
than this chapter shall be controlling. Conversely, the provisions
of this chapter shall be controlling when such provisions impose greater
restrictions than those of any other statute, other chapters of this
Code, law, rule or regulations.
A.
Amendments authorized. Whenever justified or deemed desirable and
to meet the public needs, promote the public health and safety, morals
or the general welfare of the City and in conformity with good zoning
practice and the intent and purposes of this chapter, Council may,
from time to time and after public notice and hearing, amend, supplement,
change or repeal the regulations, restrictions or boundaries set forth
in this chapter in accordance with the provisions of the Third Class
City Code and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See the Third Class City Code at 11 Pa.C.S.A. § 10101
et seq.; see the Municipalities Planning Code at 53 P.S. § 10101
et seq.
A.
Word usage; terms and words defined.
(1)
Words used in the present tense include the future; words in the
masculine gender include the feminine and the neuter; the singular
number includes the plural, and the plural the singular.
(2)
The word "shall" or "must" is always mandatory; the word "may" is
permissive; the words "used for" includes "designed for," "arranged
for," "intended for," "maintained for," or "occupied for." The word
"building" includes "structure" and shall be construed as if followed
by the phrase "or part thereof." The word "person" includes "individual,"
"profit or nonprofit organization," "partnership," "company," "unincorporated
association," "corporation" or other similar entities.
(3)
When terms, phrases or words are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
(4)
ABANDONED or ABANDONMENT
ACCESSIBLE
ACCESSORY BUILDING OR STRUCTURE
ACCESSORY USE
ADAPTIVE REUSE
ADVERSE IMPACTS
ALLEY
ALTERATION
ALTERNATIVES
APPLICANT
APPLICATION
BASEMENT
BENEFICIAL IMPACTS
BLOCK
BOARD
BUFFER
BUILD-TO LINE
BUILDING
BUILDING FOOTPRINT
BUILDING HEIGHT
BUILDING OFFICIAL
BUILDING PERMIT
BUILDING SETBACK LINE
CALIPER
CERTIFICATE OF USE AND OCCUPANCY
CITY
CLEAR-CUTTING
COLLEGE or UNIVERSITY
COMMISSION
COMMON OPEN SPACE
COMMUNICATION FACILITY
COMPREHENSIVE PLAN
CONDOMINIUM
CONTROLLED ACCESS HIGHWAY
COUNCIL
COUNTY
DECK
DEMOGRAPHIC CHARACTERISTICS
DESIGN PROFESSIONAL
DEVELOPER
DEVELOPMENT
(a)
DEVELOPMENT OF REGIONAL SIGNIFICANCE AND IMPACT
DRIVE-IN
DRIVEWAY
DUMP
DWELLING
DWELLING UNIT
EASEMENT
ECONOMIC AND FISCAL CHARACTERISTICS
ENCLOSED
ENVIRONMENTALLY SENSITIVE LAND(S)
FAMILY
FAST FOOD RESTAURANT
FENESTRATION
FLOOR AREA
FORESTRY
FRONT-LOADED (GARAGE)
GOVERNING BODY
GRADE
GRADE, FINISHED
HEDGE
HISTORIC RESOURCE(S)
IMPACT
IMPACT ASSESSMENT AND MITIGATION REPORT
IMPERVIOUS SURFACE
IMPERVIOUS SURFACE RATIO
INFILL
JUNK
JUNKYARD
LAND DEVELOPMENT
LAND DISTURBANCE
LANDOWNER
LIMITED ACCESS HIGHWAY
LOT
LOT AREA
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
LOT, CORNER
LOT, ODD SHAPED
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME LOT
MANUFACTURED HOME PARK
MITIGATION
MIXED-USE DEVELOPMENT
MOBILE HOME
MONTH
OBSTRUCTION
OFFICIAL COMPREHENSIVE DEVELOPMENT PLAN
OWNER
PARKING AREA
PARKING LOT
PLAT
POLICE FACILITY
PORCH
PRIMARY FAÇADE
PRINCIPAL BUILDING
PRINCIPAL USE
PROJECT
PUBLIC
PUBLIC GROUNDS
PUBLIC NOTICE
PUBLIC OPEN SPACE
RIPARIAN BUFFER
SECONDARY EFFECTS
SELECTIVE CUTTING
SETBACK
SIGN
SINGLE HOUSEKEEPING UNIT
SLOPED LAND
(a)
(b)
(c)
(d)
(e)
SOLAR ENERGY SYSTEM
STORY
STREET
STREET LINES
STREET WALL
STREET, ARTERIAL
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
TOP OF BANK
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
USE
WETLAND BUFFER
WETLANDS
YARD
YARD (FRONT, REAR, SIDE)
(a)
(b)
(c)
ZONING ADMINISTRATOR
ZONING CODE
ZONING PERMIT
As used in this chapter, except where the context clearly indicates
otherwise, the following words or phrases shall have the meanings
indicated as follows:
The cessation of a use of property (land and/or structures)
by the landowner for a period of one year, during which the landowner
neither occupied, resumed the use or transferred the rights of the
property to another person who used the property.
A site, building, facility, or portion thereof that incorporates
design for persons with disabilities and is compliant with the Americans
with Disabilities Act of 1990, as amended.
A building subordinate to the principal permitted building
which is located on the same lot as the principal permitted building
and used for purposes customarily incidental to those of the principal
permitted building.
A use, other than the principal use, of land or of a building
or portion thereof, customarily incidental and subordinate to the
principal use of the land or building and located on the same lot
with such principal use.
The development of a new use for an older building or for
a building originally designed for a special or specific purpose which
it no longer serves.
Results contributing to a harmful or degraded condition and/or
producing harm or degradation. Adverse impacts may include harmful
effects on surrounding land uses, such as the diminution of property
values or the degradation of historical resources; land use which
is contrary to the Comprehensive Plan and the intent of this chapter;
effects which may create a threat to the public health, safety and
general welfare; and effects on physical and biological resources
which will destroy flora and fauna, degrade water and air quality
or create excessive soil erosion or flooding.
A street which is used primarily for vehicular service access
to the rear or side of lots which is 20 feet or less in right-of-way
width.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows,
or any enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure
from one location to another.
Choices between or among two or more plans, layouts, approaches,
solutions and/or results.
A landowner or developer as hereinafter defined who has filed
an application for development, including his heirs, successors and
assigns.
Every application, whether tentative, preliminary or final,
required to be filed and approved prior to start of construction or
development, including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan, or for the
approval of a development plan and for a zoning permit.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 7.5 feet.
Results contributing to an improvement in condition and/or
producing favorable results, such as making a use more compatible
with the intent of this chapter and the goals of the Comprehensive
Plan, and promoting the public health, safety and general welfare.
A tract of land bounded by streets, public parks, railroad
rights-of-way, and/or corporate boundary lines of the City.
The Zoning Hearing Board of the City of Easton, Northampton
County, Pennsylvania.
An area of required yard space not less in width than designated
in this chapter which is landscaped for its full width with plantings
such as evergreen and deciduous trees and shrubs and/or with fences
or walls which are permanently maintained. Buffers shall consist of
such enhancements as will create an effective screen of sufficient
density to provide a continuous visual buffer and shall be of sufficient
height to minimize visibility from abutting properties or districts
or from a distinct area of a lot.
A line located parallel to, and measured from, the property
line along the street or streets on which a building fronts, which
defines the placement of the building and forms the street wall line
(see Figure A). On a corner lot, the build-to line is located on each
side of the lot abutting a street.
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Figure A: Build-To Line
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An enclosed structure or edifice built, erected and framed
of component structural parts, designed for the shelter, support or
enclosure of persons, animals or property of any kind. (See also,
"structure.")
The area covered by a building's outermost wall at ground
level (see Figure A).
(See also, "story.") The vertical distance of a building
or structure measured from the lowest elevation of the finished grade
of the building to:
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The highest point of the roof in the case of a flat roof.
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The mean height between eaves and ridge in the case of a pitched
roof (see Figure B).
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Exclusive of chimneys, mechanical towers, steeples and similar
fixtures.
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The above shall apply except that, in the case of a sloped site
where the slope is greater than 5%, the building height may be measured
separately for each forty-foot segment as measured along the primary
facade.
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Figure B: Building Height
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The officer or other designated authority charged with the administration and enforcement of Chapter 245, Construction, the Municipal Building Code of the City of Easton, or a duly authorized representative.
An official document issued by the Building Official that
authorizes the construction, alteration, repair, demolition, location,
maintenance or installation relating to a building, structure, elevator,
or equipment under the Uniform Construction Code as adopted by the
City of Easton.
The line bounding that portion of a lot not contained within
the required front, side, and rear yards, and within which the principal
building shall be located. For purposes of this chapter, a building
setback line along any street, except an alley, shall be considered
a build-to line (see Figure C).
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Figure C: Building Setback Line
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The diameter of a tree trunk measured at a point 4 1/2
feet from the ground surface at the center of the base of the tree
for all existing trees. For all trees to be planted in accordance
with the requirements of this title, the tree trunk shall be measured
at a point six inches from the ground surface at the center of the
base of the tree.
A statement based on an inspection by and signed by the Zoning
Administrator setting forth that the use or structure conforms with
the provisions of this chapter and may be lawfully employed for a
specific use.
The City of Easton, Northampton County, Pennsylvania.
The indiscriminate removal of all trees on a site or portion
of a site.
An institution of higher education and research authorized
by the Commonwealth of Pennsylvania that provides associate, undergraduate,
or higher degrees.
The Planning Commission of the City of Easton, Northampton
County, Pennsylvania.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of the development in which
it is located, not including streets, off-street parking areas and
areas set aside for public facilities.
See § 595-36 for communication facility definitions.
The adopted official plan of the City pertaining to the future
development of the City of Easton.
A building or group of buildings in which dwelling units,
offices or floor area are owned individually and the structure, common
areas, and facilities are owned by all the owners on a proportional,
undivided basis.
See "limited access highway."
The Council of the City of Easton, Northampton County, Pennsylvania.
Northampton County, Pennsylvania.
An unroofed platform, either freestanding or attached to
a building, that is commonly, but not necessarily, supported by pillars
or posts.
Characteristics related to the distribution, density and
vital statistics of populations.
An architect, engineer, landscape architect, or land planner that, as required, is certified or licensed to practice their respective profession in the Commonwealth of Pennsylvania, and who prepares reports and/or plans which are described in this chapter according to specific requirements set forth herein and/or in Chapter 520, Subdivision and Land Development, of the Code of the City of Easton. The City will consider geologists, wetlands scientists, arborists, and other such experts to be certified design professionals for the purpose of conducting studies and preparing plans and reports respective to their area of expertise.
A landowner, agent of such landowner or tenant with the permission
of such landowner who makes or causes to be made a subdivision of
land or a land development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, or timber
harvesting operations. Land development, as defined within this section,
shall be included in this definition.
INFILL DEVELOPMENTAny man-made change to unimproved vacant parcels, vacant parcels which have previously had buildings or structures, or surface parking lots, within built areas. These areas are already served by public infrastructure such as transportation, water, wastewater, and other utilities.
Any land development that, because of its character, magnitude
or location, will have a substantial effect upon the health, safety
or welfare of citizens in more than one municipality.
Any use which is designed in such a way that the goods or
services offered can be received by the customer while remaining in
his/her vehicle.
A private access to a parking area, such as a garage, parking
lot, parking pad, or similar.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, burning, incineration or any other
means for whatever purpose, of garbage, offal, sewage, trash, refuse,
junk, discarded machinery, vehicles or parts thereof, or waste material
of any kind.
A room or group of rooms providing complete independent living
facilities exclusively for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
Any room or group of rooms located within a building and
forming a single, habitable unit with facilities used or intended
to be used for living, sleeping, cooking and eating by one or more
persons.
A vested or acquired right, either in the public generally
or in private entities of persons, to the use of a parcel of land
for a special purpose, including the location of utilities, storm
drains or access, which right may include the use of the surface,
subsurface and/or the air space over such land.
Characteristics related to the expenditures and revenues
in conjunction with the management of income of a household, private
business, community, association and/or government.
Surrounded or closed off on all sides, by walls, windows,
or the like. This shall not include insect screens, blinds, or other
retractable or otherwise openable fixtures that are intended to restrict
sunlight or insects but do not prohibit airflow when down or closed.
Any land that contains environmental resources reviewed or
regulated under this chapter, including, but not limited to:
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Floodplains;
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Wetlands;
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Wetland buffers;
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Steep slopes;
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Specimen trees;
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Riparian buffers;
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Carbonate bedrock; and
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Surface waters.
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A single person occupying a dwelling unit and maintaining a
single housekeeping unit, including not more than one guest;
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Two or more persons related by blood or marriage occupying a
dwelling unit, living together and maintaining a single housekeeping
unit, including not more than one guest; or
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Not more than three unrelated persons occupying a dwelling unit,
living together and maintaining a single housekeeping unit. A single
housekeeping unit shall be deemed to exist if all members thereof
have access to living, sleeping, eating, cooking and sanitation areas
of the dwelling unit.
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An establishment whose principal business is the sale of
a limited variety of pre-prepared or rapidly prepared food and beverages
directly to the consumer for consumption either on or off premises.
Food is generally not served to the customers' tables, but is more
often dispensed through a walk-up counter or drive-through or take-out
window.
Windows and other openings on a building facade.
The sum of the gross horizontal areas of all of the floors
of a building or buildings, measured from the exterior faces of exterior
walls or from the center lines of walls separating two attached buildings:
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In particular, floor area includes:
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Basement space in residential buildings.
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Elevator shafts or stairwells at each floor.
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Floor space in penthouses.
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Attic space (whether or not a floor has been laid) providing
structural headroom of 7.5 feet or more.
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Floor space in interior balconies or mezzanines.
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Any other floor spaces used for dwelling purposes, no matter
where located within a building.
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Floor space in accessory buildings.
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Any other floor space not specifically excluded.
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However, the floor area of a building shall not include:
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Basement space in nonresidential buildings, except that basement
space used for retailing shall be included for the purpose of calculating
requirements for accessory off-street parking and loading.
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Elevator or stair bulkheads, accessory water tanks or cooling
towers.
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Uncovered steps.
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Floor space used for mechanical equipment.
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The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A garage designed with the garage doors facing the same street
as the primary façade(s) of the dwelling to which the garage
is attached.
The Council of the City of Easton.
The degree of the descent of a sloping surface.
The final elevation of the ground surface after development.
A boundary or fence formed by closely growing bushes, shrubs,
or trees. Also referred to as a hedgerow.
Sites, areas, structures and districts which are valued due
to their significance as examples and/or locations of events, customs,
skills, and/or arts of the past as designated by the state, county
and/or City.
The power of an event or condition to produce direct or indirect
changes in other conditions. In the context of impact exerted on the
environment, changes that affect existing conditions and/or quality
of a natural resource are of greatest concern.
An assessment in accordance with § 595-35, which objectively describes, analyzes and documents the beneficial and adverse impacts of a proposed subdivision and/or land development, and the measures to be undertaken to mitigate adverse impacts.
Any material which prevents absorption of stormwater into
the ground, including, but not limited to, buildings, covered decks,
patios, driveways, walkways, swimming pools and other similar ground
cover.
A percentage of total lot area covered by impervious surfaces.
The development of new housing or other uses on scattered
vacant sites in a built-up area.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition, including,
but not limited to, vehicles, tires, vehicle parts, equipment, paper,
rags, metal, glass, building materials, household appliances, brush,
wood and lumber.
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of wastepaper, rags, scrap metal or other scrap or
discarded goods, materials, machinery or two or more unregistered,
inoperable motor vehicles or other type of junk.
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The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
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The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
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A subdivision of land.
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Provisions for the exclusion of certain land development from
the definition of land development only when such land development
involves:
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The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be condominium units;
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The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
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The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this section, an "amusement park" is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
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A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, road maintenance, building construction
and the moving, depositing, stockpiling or storing of soil, rock or
earth materials.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase, whether or not such
option or contract is subject to any condition. A lessee, if he/she
is authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land shall be deemed
to be a landowner for the purpose of this chapter.
A highway in respect to which owners or occupants of abutting
lands and other persons have no legal right of access except at points
and in the manner determined by the authority having jurisdiction
over the highway. Within the municipal and jurisdictional limits of
the City of Easton, this shall include, but is not necessarily limited
to, all portions of US-22 and I-78.
A designated parcel, tract or area of land established by
plat, subdivision or otherwise and permitted by law to be used, developed
or build upon as a unit. For the purpose of this chapter, a "lot"
is further identified as:
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The total of all lands described in a legal deed or record;
or
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The total of two or more contiguous parcels described in separate
legal deeds of record owned by the same person.
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The total horizontal area of the lot lying within the lot
lines, excluding any existing or designated future street rights-of-way.
A property boundary line of any lot held in single and separate
ownership. In the case of any lot abutting a street, the lot line
for such portion of the lot as abuts such street shall be deemed to
be the same as the street line.
The lot line abutting a street and coinciding with the street
line. In the case of a corner lot, both lot lines abutting a street
shall be deemed the front lot line.
A lot line opposite and most distant from the front lot line.
In a case of an unconventional or odd-shaped lot, the rear lot line
shall be deemed to be a line wholly within the lot, 10 feet in length
between side lot lines, and parallel to and at the maximum distance
from the front lot line.
Any lot line that is not a front lot line or rear lot line.
The horizontal distance between side lot lines as measured
along the build-to line.
A lot or parcel of land abutting upon two or more streets
at their intersection or on two parts of the same street forming an
interior angle of less than 135°.
A lot with an irregular configuration and unconventional
number of changes in direction (i.e., a lot that is not generally
pie-shaped or rectangular, has small projections or acute angles,
or has rear lines not generally parallel to street lines).
The lowest floor of the lowest fully enclosed area (including
basement). 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
nonelevation design requirements of this chapter.
A structure which complies with local and state building
codes and appropriate federal agencies and is certified by said agencies,
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 attached to the required utilities. The term includes park trailers,
travel trailers, recreational and other similar vehicles which are
placed on a site for more than 180 consecutive days.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single manufactured home.
Any site, lot, field or tract of land, privately or publicly
owned or operated, upon which two or more manufactured homes, used
for living, eating or sleeping quarters by persons not related to
the proprietor or his agent, are or are intended to be located, whether
operated for or without compensation by whatsoever name or title they
are colloquially or commercially termed.
The act of precluding a potentially adverse impact and/or
making a potentially adverse impact less severe through measures that
will improve a condition and/or lessen the impact.
A combination of two or more uses located within one building
or on a lot and designed as an integrated building or development.
See "manufactured home."
A period of time between the same dates in successive calendar
months, ranging between 28 and 31 days.
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure or matter
in, along, across or projecting into any channel, watercourse or regulatory
floodway area which may impede, retard or change the direction of
the flow of water, either in itself or by catching or collecting debris
carried by such water, or that is placed where the flow of water might
carry the same downstream to the damage of life or property.
See "comprehensive plan."
An individual, firm, association, syndicate, partnership
or corporation.
Any public or private land area designed and used for parking
motor vehicles, including parking lots, parking pads, parking decks,
and garages.
An off-street ground-level area used for the temporary parking
of more than four motor vehicles and available for use by the public
whether for free, for compensation, or to accommodate employees, clients
or customers, but not including private driveways.
The map or plan of a subdivision or land development, whether
preliminary or final.
A building or portion thereof which serves to accommodate
police officers and other members of Police Department staff. These
buildings often contain offices and accommodation for personnel and
vehicles, along with locker rooms, temporary holding cells and interview/interrogation
rooms.
A roofed-over structure projecting from the front, side or
rear wall of a building.
The exterior wall or walls of that portion of a building
that faces a street. For purposes of this definition, a wall facing
an alley shall not be considered a primary façade.
A building in which is conducted the principal use of the
lot on which it is situated, including all attached buildings such
as garages, breezeways, carports, decks and porches.
The primary or predominant use of any lot. In the case of
mixed-use development or a college campus, there may be more than
one principal use on a lot.
A subdivision, land development or any development involving
the construction or alteration of buildings or structures or the grading
or excavation of land to accommodate a building, structure or use.
Relating to or affecting all people; accessible to or shared
by all members of the community.
Includes:
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Public open space, parks, playgrounds, trails, paths, and other
recreational or public areas;
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Sites for community facilities, schools, sewerage treatment,
refuse disposal and other publicly owned or operated facilities; and
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Publicly owned or operated scenic and historic sites.
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A notice published once a week for two successive weeks prior
to a Zoning Board hearing in a newspaper of general circulation in
the City. Such notice shall state the time and place of a public hearing
and the particular nature of the matter to be considered at the hearing.
A parcel or parcels of land or an area of water, or a combination
of land and water, designed and intended for the use and enjoyment
of the general public, typically in the form of a park, plaza, playground,
playfield, promenade, trail or other similar area.
A riparian buffer is an area typically vegetated with trees
and other vegetation adjacent to a watercourse that forms a transition
area between the aquatic and terrestrial environment. The riparian
buffer is designed to intercept runoff from upland sources for the
purpose of mitigating the effects of nutrients, sediment, organic
matter, pesticides or other pollutants prior to entry into surface
waters.
The results of an indirect or nonimmediate influence of one
entity or condition on another.
The felling of certain, but not all, trees in an area for
the purpose of removing dead, diseased, damaged, mature or marketable
timber or for improving the quality of a tree stand. The removal of
more than 35% of trees in an area shall be defined as timber harvesting,
and the requirements for a timber harvesting operation shall apply.
The minimum horizontal distance between the front, rear or
side lines of a lot and the respective front, rear or side lines of
a building or a projection thereof.
See § 595-34 for sign definitions.
Any household whose members are a nontransient interactive
group of persons jointly occupying a dwelling unit, including joint
access to and use of all common areas, including living, kitchen and
eating areas within the dwelling unit, and sharing household activities
and responsibilities such as meals, chores, expenses and maintenance,
and whose makeup is determined by the members of the unit rather than
by the landlord, property manager, or other third party. This does
not include a boardinghouse or rooming house.
A geographical area, whether natural or man-made, and whether
on one or more lots, which has a ratio of vertical distance to horizontal
distance of greater than or equal to 12%, based on two-foot contour
interval, and occurs over three consecutive two-foot contour intervals.
More specifically, this chapter defines or classifies sloped land
as follows:
MAN-MADE SLOPESLands that have been altered by development and can contain such features as cut slopes, fill slopes, rock slopes, retaining walls, and disturbed terrain features which include repairs to landslide scars or comprise a series of composite cut and/or fill slopes where the ground surface has been disturbed.
NATURAL SLOPESThe natural deviation of the surface of the land, usually expressed in percent or degrees.
STEEP SLOPESloped land that has a ratio of vertical distance to horizontal distance of greater than or equal to 12%, but less than 25%, based on a two-foot contour interval.
SEVERELY STEEP SLOPESloped land that has a ratio of vertical distance to horizontal distance of greater than or equal to 35%, based on a two-foot contour interval.
VERY STEEP SLOPESloped land that has a ratio of vertical distance to horizontal distance of greater than 25%, but less than 35%, based on a two-foot contour interval.
See § 595-37 for solar energy system definitions.
That portion of a building included between the surface of
any floor and the ceiling or surface of the floor next above it, which
ranges from 10 feet to 15 feet measured vertically.
Includes the rights-of-way and cartways of a street, avenue,
boulevard, road, roadway, highway, parkway, lane, alley, and any other
ways used or intended to be used by vehicular traffic or pedestrians,
whether public or private.
The lines that form the boundary of the street right-of-way
as shown on the official City right-of-way map, or as amended and
on file in the office of the City Engineer.
The wall formed by buildings or other elements, such as fences,
walls, pillars and colonnades, located along a build-to line.
A street which is used primarily for large volumes of traffic
and includes facilities classified as primary and secondary highways
by the State Department of Transportation.
[Added 9-24-2008 by Ord.
No. 5120]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres
not involving any new street or easement of access or residential
dwellings shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
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Any repair, reconstruction, 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
or repetitive loss regardless of the actual repair work performed.
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For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include any alteration of a structure
listed on the National Register of Historic Places.
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A point above the mean water surface of a watercourse which
defines the maximum depth of channel flow in the watercourse. It is
either determined visually or computed as an elevation using the peak
rate of runoff from a two-year storm event.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
The purpose for which a structure or tract of land may be
designed, arranged, intended, maintained or occupied and any activity,
occupation, business or operation carried on or intended to be carried
on in a structure, building or on a lot.
The transitional area extending from the outer limit of a
wetland for a minimum width of 50 feet.
All lands regulated as wetlands by the Pennsylvania Department
of Environmental Protection or the U.S. Army Corps of Engineers. In
the event there is a conflict between the definitions of these agencies,
the more restrictive definition shall apply.
An open area on a lot extending along a lot line and inward
from such line. The minimum dimension of a required yard, as defined
for each district, shall measure as the shortest distance between
the lot line and a line parallel to such line. (See "building setback
line.")
FRONT YARDThe yard nearest the street extending across the full width of the lot between the front lot line and the building setback line. (See "build-to line.")
REAR YARDA yard extending the full width of the lot between the rear lot line and the building setback line.
SIDE YARD(S)A yard between the adjacent side lot lines extending from the front yard to the rear yard and the building setback line.
The agent or official charged by law with the administration
and enforcement of this chapter.
The Zoning Ordinance of the City of Easton and amendments
thereto enacted under the provision of Act 247[1] by City Council.
An official document issued by the Zoning Administrator that
authorizes the use or alteration of land, buildings, or structures
for a specified purpose.
[1]
Editor's Note: See the Municipalities Planning Code, 53 P.S. § 10101
et seq.
A.
Zoning permit required. No person shall excavate for or store material,
machinery or equipment on a lot in connection with the erection, enlargement,
construction, placement, reconstruction, alteration, repair, extension,
replacement, installation, restoration or conversion of any building
or structure, or change the use, increase the intensity of use or
extend or displace the use of any building, structure and/or lot or
portion thereof in the City, nor cause any land disturbance, changes
in grade, or development of land without first filing an application
with the office of the Zoning Administrator, in writing, and obtaining
the required zoning permit therefor. The application for a zoning
permit shall be made prior to the time an application for a building
permit is filed with the municipal officer who is authorized and designated
to issue building permits. For purposes of administration, the zoning
permit required herein may be made part of a building permit but shall
at no time be construed to be a building permit.
B.
Application form. The application for a zoning permit shall be submitted
in such form as the Zoning Administrator may prescribe.
C.
Who makes application. Application for a zoning permit shall be made
by the owner or lessee or agent or either of the building, other structure
and/or lot, or by the contractor or certified design professional
employed in connection with the proposed work. If the application
is made by a person other than the owner in fee, it shall be accompanied
by a duly verified affidavit of the owner or the qualified person
making the application that the proposed work is authorized by the
owner in fee and that the applicant is authorized to make such application.
The full names and addresses of the owner, lessee, applicant and of
the responsible officers, if the owner or lessee is a corporate body,
shall be stated in the application.
D.
Permit time limitation.
(1)
A zoning permit shall be deemed to have been abandoned six months
after date of issue unless the authorized development, use and/or
construction has been diligently prosecuted, except that, for reasonable
cause, the Zoning Administrator may grant up to two extensions of
time for additional periods not exceeding 90 days each.
(2)
If the time period for a corresponding variance or other action has
expired, the zoning permit shall also expire.
E.
Action on application.
(1)
The Zoning Administrator shall examine or cause to be examined all
applications for permits and amendments thereto within 90 days of
the filing of the application. If the application or the plans do
not conform to the provisions of this chapter, he/she shall reject
such application, in writing, stating the reasons therefor. He/she
may also have the right to reject the applications or plans if the
provisions of any City, county, state or federal laws have not been
complied with. He shall also inform the applicant of his right to
appeal to the Zoning Hearing Board.
(2)
If he/she is satisfied that the proposed use conforms with the regulations
and provisions of this chapter and all laws and ordinances applicable
thereto, and that the certificate of use and occupancy as required
herein has been applied for, he/she shall issue a permit thereafter
as soon as practical.
F.
Compliance with chapter required. A zoning permit shall not be construed
as authority to violate, cancel or set aside any of the regulations
and provisions of this chapter, except as specifically stipulated
by modification or legally granted variance or special exception by
the Zoning Hearing Board; nor shall a zoning permit be construed as
a permit to build.
G.
Posting permit. The zoning permit required under this section shall
be kept posted upon the premises for which it was issued. It shall
be displayed so that it can be seen from the street during the entire
time the authorized development and/or construction as defined in
the application is being performed.
H.
Permit revocation. The Zoning Administrator may revoke a permit,
certificate or approval issued under the provisions of this chapter
in case of any false statement or misrepresentation of fact in the
application or on the plans on which the permit or approval was based.
I.
SUSPENSION OF WORK. Any zoning permit issued shall become invalid
if the development is suspended or abandoned for a period of six months
after the time of commencing such development as approved by the permit,
except that, for reasonable cause, the Zoning Administrator may grant
up to two extensions of time for additional periods not exceeding
90 days each.
J.
Certificate of use and occupancy required. No change in the use or
character of the occupancy of land nor any change in the use or character
of occupancy in an existing building or structure shall be made, nor
shall any new building or structure be occupied for any purpose, until
a certificate of use and occupancy has been issued by the office of
the Zoning Administrator. A certificate of use and occupancy shall
be required for each lot or use where applicable.
K.
Application for certificate. No permit as required under this section shall be issued until an application for a certificate of use and occupancy has been made. Every application for a change in use of a building or structure or for a new or changed use of land where no building permit is required shall be made directly to the office of the Zoning Administrator. The application for such certificate shall be submitted in such form as the Zoning Administrator may prescribe and shall be accompanied by the required fees as prescribed in § 595-05Q.
L.
Certificate issuance. No certificate of use and occupancy shall be
issued until the erection, construction or alteration has been completed
or the use established and inspected and approved by the office of
the Zoning Administrator, and the building or premises shall not be
occupied until the certificate of use and occupancy is issued, provided
that such certificate shall be issued or written notice shall be given
to the applicant stating why a certificate cannot be issued not later
than 14 days after the office of the Zoning Administrator is notified,
in writing, that the building or premises is ready for occupancy.
M.
Temporary certificate. Upon request of a holder of a permit, the
Zoning Administrator may issue a temporary certificate of use and
occupancy for the completion of a structure, building and/or lot,
or portion thereof, before the total development covered by the permit
shall have been completed, provided such portion may be used and/or
occupied safely prior to full completion of the work without endangering
life or public welfare. The Zoning Administrator may also issue a
temporary certificate of use and occupancy for such temporary uses
as a tent, use of land for religious or other public or semipublic
purposes, and/or for similar temporary use and/or occupancy. Such
temporary certificates shall be for the period of time to be determined
by the Zoning Administrator, in no case for a period exceeding six
months.
N.
Certificate contents. The certificate of use and occupancy shall
certify compliance with the provisions of this chapter or, if a lawfully
existing nonconforming use, building or structure, it shall state
wherein the use, building or structure is nonconforming.
O.
Right of entry. In the discharge of his/her duties, the Zoning Administrator
or his/her authorized representative shall have the authority to enter
at any reasonable hour any building, structure or premises to enforce
the provisions of this chapter.
P.
Previous approvals. Nothing in this chapter shall require changes
in the plans, construction or designated use of a building, structure
and/or lot for which a lawful permit has been issued or otherwise
lawfully authorized before the effective date of this chapter and
the construction or use of which shall have been actively prosecuted
within 14 days after the effective date of this chapter. Any construction
or use for which such permit has been issued or otherwise lawfully
authorized, which has not been actually prosecuted within the above
time limit, shall be required to conform with the regulations and
provisions of this chapter.
A.
Establishment of office; deputies and employees. There is hereby
established the office of Zoning Administrator. As appointed by the
Director of the Department of Planning and Codes and approved by the
Mayor, the Zoning Administrator shall be executive head of this office.
Deputies who shall exercise all the powers of the Zoning Administrator
may be designated by the Administrator. The compensation of the officials
and employees of the office of Zoning Administrator shall be fixed
in the usual manner by Council.
B.
Powers and duties. It shall be the duty of the Zoning Administrator,
and he/she shall have the power to:
(1)
Receive, examine and process all applications for zoning permits;
(2)
Issue zoning permits and certificates of use and occupancy only where
there is compliance with the provisions of this chapter and other
governing statutes. Permits for construction or uses requiring a special
exception or variance shall be issued only upon order of the Zoning
Hearing Board. Permits requiring approval from Council or other governing
bodies shall be issued only after receipt of approval from the same;
(3)
Receive applications for curative amendments and zoning changes,
forwarding such requests to Council, the Planning Commission and other
appropriate agencies;
(4)
Receive applications for special exceptions and forward these applications
to the Planning Commission for review and recommendations and to the
Zoning Hearing Board for action thereon;
(5)
Following refusal of a permit, receive applications for interpretation,
appeals and variances and forward these applications to the Zoning
Hearing Board for action thereon;
(6)
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter;
(7)
Issue stop-work and cease-and-desist orders and order, in writing,
correction of all provisions of all applicable City codes. Such written
orders shall be served personally or by certified mail upon persons,
firms or corporations deemed by the Zoning Administrator to be violating
the terms of this chapter. It shall be unlawful for any person to
violate any such order issued lawfully by the Zoning Administrator,
and any person violating such order shall be guilty of a violation
of this chapter;
(8)
Institute in the name of the City any appropriate action or proceedings
to prevent the unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; so as to prevent the occupancy or use of any building,
structure or land or to prevent any illegal act, conduct, business
or use in or about such premises;
(9)
Revoke any order or zoning permit issued under a mistake of fact
or contrary to the law or the provisions of this chapter;
(10)
Record and file all applications for zoning permits with accompanying
plans and documents. All applications, plans and documents shall be
public record;
(11)
Maintain a map or maps showing the current zoning and block
classification of all land in the City; and
(12)
Maintain records of all applications for uses proposed in a
floodplain area.
A.
Zoning duties. To ensure compliance with the terms of this chapter,
the City Comprehensive Plan and the Pennsylvania Municipalities Planning
Code,[1] where applicable, the Planning Commission shall review
applications for:
(1)
Curative amendments;
(2)
Zoning Code amendments;
(3)
Zoning Map amendments; and
(4)
Special exceptions.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Time limit on Commission action. The Planning Commission shall submit,
by resolution, its findings and recommendations to the appropriate
jurisdiction within 90 days of receipt of an application.
C.
Special exception considerations. In the review and resulting recommendation
for requests for special exception, the Planning Commission shall
consider:
A.
Compliance required. Unless otherwise provided by law or in this
chapter, no building or structure shall be constructed, erected or
extended, and no building, structure or land shall be used or occupied,
except for the purposes permitted herein.
B.
Remedial actions or proceedings. In case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted
or maintained or any building, structure or land is used in violation
of this chapter, the Zoning Administrator shall institute in the name
of the City any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alterations, repair,
conversion, maintenance or use; to restrain, correct or abate such
violation; to prevent the occupancy of such building, structure or
land; or to prevent any illegal act, conduct, business or use in or
about such premises. The rights and remedies provided are cumulative
and are in addition to all other remedies provided by law.
C.
Violations and penalties. Any person, partnership or corporation
who or which violates any provision of this chapter enacted under
Act 247[1] or prior enabling laws shall, upon conviction thereof
in a summary proceeding, be sentenced to pay a fine of not less than
$25 and not more than $1,000. In default of payment of the fine, such
persons, the members of such partnership, or the officers of such
corporation, shall be liable to imprisonment for not more than 60
days. Each day that a violation is continued shall constitute a separate
offense, unless the Magisterial District Judge determining that there
has been a violation further determines that there was a good-faith
basis for the person, partnership or corporation violating the chapter
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
fifth day following the date of the determination of a violation by
the Magisterial District Judge, and thereafter each day that violation
continues shall constitute a separate violation. All fines collected
for the violation of this chapter shall be paid over to the City of
Easton.
[1]
Editor's Notes: See the Municipalities Planning Code, 53 P.S. § 10101
et seq.
