Short Title. This chapter shall be known and may be cited as the "Zoning Ordinance of Cumberland Township of 2003."

Authority and Purpose. The regulations in this chapter are made in accordance with the conditions and procedures of the Pennsylvania Municipalities Planning Code for promoting the health, safety, morals, convenience, order, prosperity, and general welfare of the community. These regulations have been designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewage, parks, and other public requirements. These regulations reflect the policy goals of Cumberland Township as contained in the "Goals and Policies" section of the Cumberland Township Comprehensive Plan; nonetheless the Board of Supervisors hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

Applicability. Subject to Part 17 of this chapter (Nonconformance), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

Effective Date and Repealer. This chapter shall take effect and be in force from and after its approval as required by law. Ord 63A adopted by Cumberland Township on November 24, 1987, and all amendments thereto is hereby repealed in its entirety. The Zoning Map of Cumberland Township is hereby amended pursuant to the provisions of this chapter and the Zoning Map dated November 24, 1987, and last revised June 8, 1993.

Severability. The provisions of this chapter are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such a decision of the court shall not affect or impair this chapter. It is the intent of the Board of Supervisors that this chapter would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.

Other Ordinances. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, and general welfare of the Cumberland Township. It is not intended to interfere with, abrogate, or annul other rules, regulations, or ordinances of the township, provided that where this chapter imposes a greater restriction upon the use of land or buildings or the configuration of improvements than are imposed by such other rules, regulations, or ordinances, the provisions of this chapter shall control.

Enforcement. The provisions of this chapter shall be enforced by the Zoning Officer, or such person as designated by the Board of Supervisors. The Zoning Officer shall require that applications for building permits shall contain all the information necessary to enable him to ascertain whether the proposed building, alteration, or use complies with the provisions of this chapter. No building permit shall be issued until the Zoning Officer has certified that the proposed building, alteration, or use complies with all the provisions of this chapter.

Remedies. In case any building, structure, or sign is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used, or any hedge, tree, shrub, wall, or other growth is maintained in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

Violations and Penalties. For any and every violation of the provisions of this chapter, the owner, general agent, or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenants of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee, or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor, or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be liable upon conviction thereof, to a fine or penalty not exceeding $1,000, which shall inure to the benefit and use of the Township, with the costs of suit and reasonable attorney fees; and in default of payment thereof, the District Justice may, in his discretion, commit the offender to prison in the county jail for a period not exceeding 30 days for each and every offense, and whenever such person shall have been notified by the Zoning Officer, or by service of a summons in a prosecution or in any other way, that he is committing such violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.

Normal Business Hours. Except in the case of hotels, motels, inns, or bed and breakfast establishments, and as provided for in § 27-102, Subsection 2, any occupation, employment, or enterprise that is carried on for profit shall deal directly with customers or clients on the premises only between the hours of 6:00 a.m. and 11:00 p.m.

Extended Business Hours by Special Exception. The Zoning Hearing Board is authorized to grant special exceptions for such businesses to operate outside of the hours specified in § 27-102, Subsection 1, for applications meeting the following criteria:

Interpretation. As used in this chapter, words expressed in their singular include their plural meanings, and words expressed in their plural include their singular meanings. The word "person" includes a corporation, unincorporated association, and/or a partnership, as well as an individual. The word "may" is permissive; the words "shall" and "must" are mandatory. Words used in the present include the future tense. Words importing the masculine gender include the feminine and neuter. In interpreting the language of this chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of this chapter, in favor of the property owner and against any implied extension of the restriction.

Intent. The intent of this section is to regulate the use of outdoor illumination. Where safety and security concerns warrant it, outdoor illumination is required to be installed, operated, and maintained. For commercial, industrial, multifamily residential, recreational, institutional, and public uses, outdoor illumination is required for all off-street parking and loading areas and for all driveways providing access. All outdoor illumination shall avoid producing glare.

Illumination Levels. All outdoor illumination shall have intensities and uniformity ratios consistent with the standards in the current edition of the Lighting Handbook and/or Recommended Practices of the Illuminating Engineering Society of North America (ISENA). Illumination levels shall be defined as maintained horizontal footcandles on the task and average illumination values shall not exceed minimum values by more than the product of the minimum value and the specified ISENA uniformity ratio for the activity in question.

Control of Glare. Glare control shall be achieved primarily through the use of such means as fixture cutoffs, shields, and baffles and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement. Outdoor illumination shall be installed so that the glare or reflection visible from a street or residence adjacent to the property being illuminated shall not be greater than 0.1 foot candle at the property or boundary line.

Fixture Design. Except as otherwise permitted for recreational and sports lighting, below, all outdoor illumination fixtures, including mounting base, shall not exceed 16 feet in height above the finished grade of the surface being illuminated. All fixtures shall be of a type and design appropriate to the outdoor illumination application, as follows:

Hours of Illumination for Floodlighting or High-intensity Outdoor Illumination. No floodlighting or high-intensity outdoor illumination, except surveillance, security, or safety outdoor illumination, shall be permitted after 10:00 p.m. Sundays through Thursdays and 11:00 p.m. Fridays and Saturdays. All outdoor illumination, including surveillance, security, or safety outdoor illumination, shall conform with the standards of § 27-103, Subsection 3, "Control of Glare," at all hours.

Recreational and Sports Lighting Outdoor illumination for active recreational facilities shall be permitted only by conditional use. In determining the appropriateness of proposed outdoor illumination for active recreational facilities, the Board of Supervisors shall apply the general criteria and standards for conditional uses of Part 18 and 19 and shall approve an application for outdoor illumination for active recreational facilities only in cases when the Board is able to ascertain that the proposed outdoor illumination will:

Temporary Outdoor Illumination. Temporary floodlighting and spotlighting for such uses as, but not limited to, public festivals, celebrations, sporting and recreation events is permitted, subject to the following conditions:

Projections into Front Yard. No building and no part of a building shall be erected within or shall project into the required front yard that falls between the street and the foremost portion of a principal use building except:

Projections into Side Yards. No principal use building and no part of a principal use building shall be erected within or project into a required side yard, except:

Projections into Rear Yard. No principal use building and no part of a principal use building shall be erected within or shall project into a required rear yard except:

Projections into Yards; Obstruction of Views. No wall, fence, or other structure shall be erected or altered and no hedge, tree, shrub, or other growth shall be maintained that may cause danger to traffic on a street, sidewalk, or public way by obscuring the view.

In addition to the uses permitted by right, special exception, or conditional uses in the various zoning districts in this chapter, the Board of Supervisors may authorize special uses for historic resources in order to encourage their retention and facilitate appropriate adaptive re-use. Such conditional uses may include professional or business offices, cultural facilities, eating and drinking establishments, and guest houses or inns in residential districts; residences, cultural facilities, guest houses or inns in mixed-use districts; and any such similar uses in agricultural, industrial, institutional, airport, or open space districts.