Fermanagh Township Juniata County
City Zoning Code
City Zoning Code
ARTICLE V
District Regulations
§ 175-15 Forestry District (F).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Purpose. The purpose of the Forestry District (F) is to encourage the preservation and conservation of the natural resources by providing reasonable standards for the development and use of land.
B.
Permitted uses. A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes. The proposed use shall comply with all applicable bulk and area regulations of this section, and any applicable supplemental regulations provided for in Article VI.
(1)
Agricultural operation, animal husbandry, agriculture, farms, nurseries, orchards, riding academies, kennels, stables, animal hospitals and the raising of fur bearing animals.
(2)
Forestry.
(3)
Preservation of natural amenities.
(4)
Public and private recreation facilities.
(5)
Appropriate public uses.
(6)
Churches, or similar places of worship.
(7)
Communication, transmission and/or receiving facilities.
(8)
Single-family dwellings and seasonal residences.
(9)
Home occupation.
(10)
Accessory buildings and uses customarily incidental to the above uses.
(11)
No-impact home-based business.
C.
D.
E.
Off-street parking, loading, and unloading regulations. Off-street parking, loading and unloading shall be provided in accordance with Article VIII.
G.
Waste products. All nonresidential trash dumpsters, shall be set back to a minimum of 50 feet from all adjoining residential properties and shall be screened from adjoining roads and residential properties.
§ 175-16 Rural Agricultural District (A).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Purpose. The purpose of the Rural Agricultural District (A) is to:
(1)
Identify those areas where agricultural activities should be encouraged or preserved,
(2)
Provide for the preservation of natural, unpolluted drainage ways, protection from flooding and highwater tables, preservation of open space, and conservation of the natural environment and natural resources while providing for such uses and development as are compatible with these objectives.
B.
Permitted uses. A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes. The proposed use shall comply with all applicable bulk and area regulations of this section, and any applicable supplemental regulations provided for in Article VI.
(1)
Agricultural operation, animal husbandry, agriculture, farm, greenhouse, nursery, orchard, riding academy, kennel, stable, veterinary office, animal hospital and the raising of fur bearing animals.
(2)
Single-family dwelling.
(3)
Accessory buildings, structures and uses customarily incidental to the above uses.
(4)
Forest uses related to the harvesting of lumber products.
(5)
Activities related to the preservation of natural amenities.
(6)
Home occupations.
(7)
Public utility buildings.
(8)
Produce stand or roadside stand for the sale of agricultural products, subject to the following:
(a)
At least half of the products displayed for sale shall have been produced on the premises;
(b)
All structures used to display goods, and related parking shall be no more than 500 square feet in size, and shall maintain a twenty-five-foot setback from all property and street right-of-way lines;
(c)
Off-street parking shall be provided at the rate of one space per each 150 square feet of sale display area; and
(d)
Such facilities shall be permitted one sign not to exceed 10 square feet in size nor to exceed a maximum height of 15 feet; such sign shall require a permit.
(9)
Communication, transmission, and/or receiving facility.
(10)
No-impact home-based business.
C.
Special exception uses. The following uses may be permitted under the criteria and procedures listed in accordance with this section, § 175-53 of this chapter and any supplemental regulations as provided for in Article VI.
(1)
Farm market.
(2)
Farm processing establishment.
(3)
Appropriate public uses and essential services.
(4)
Recreation and vacation lodges.
(5)
Golf courses and country clubs.
(6)
Mineral extraction.
(7)
Junkyards.
(8)
Bed-and-breakfast inn.
(9)
Manure storage facilities.
(10)
Beekeeping.
(11)
Keeping of wild or game animals as pets in accordance with PA Game Commission Regulations.
D.
Area and bulk regulations.
(2)
Area and width.
(a)
Agricultural, horticultural and forestry-related uses, including farm dwellings - The minimum lot area (including parent tract remainders) shall be 10 acres;
(b)
Single-family detached nonfarm dwellings and seasonal dwellings - The minimum lot area is one acre, and the maximum is two acres, except that such maximum shall not apply if the applicant can demonstrate by credible evidence that the area proposed for the dwelling lot does not predominantly consist of Class I, II and/or III soils, as identified in the soil survey. The maximum lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the PA DEP, as well as an alternate site as required by this chapter; and
(c)
Other uses. The minimum lot area is one acre, unless otherwise specified in this chapter.
(e)
Accessory buildings shall be a minimum of 12 feet from side or rear lot lines.
(f)
On each corner lot there shall be two front yards, each abutting a street.
(g)
Buildings housing livestock, (including dog kennels), poultry, or mushroom culture, shall not be closer than 100 feet to any public right-of-way nor 200 feet to a residential district.
(4)
Lot size exception. As an exception to the minimum lot size, landowners may establish lots of not less than 30,000 square feet using the coverage regulations of § 175-17D where the lot is to be transferred for the express purpose of direct residential use of a member of the landowner's immediate family. This exception shall be limited to a ratio of not more than one such lot for each 15 acres in the larger holding. Immediate family shall mean parents children, brothers and sisters, sons and daughters-in-law and parents-in-law.
E.
Off-street parking, loading, and unloading regulations. Off-street parking, loading and unloading shall be provided in accordance with Article VIII of this chapter.
G.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 140-31 of Chapter 140, Subdivision and Land Development, of this Code. All access drives serving other uses shall be in accordance with §§ 175-32F, 175-39G and 175-42 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities shall be exempt from driveway and access drive requirements. However, all farm lanes shall be located, designed and maintained so as to prevent the collection of mud on public roads.
H.
Required conservation plan. Any agricultural, horticultural or forestry-related uses which involve earthmoving activities, or the commercial harvesting or timbering of vegetation, shall require the obtainment of an approved Conservation Plan by the U.S. Natural Resources Conservation Service pursuant to Chapter 102 Erosion Control of Title 25 Rules and Regulations, PA DEP. All on-site activities shall then be in compliance with the approved conservation plan. All agricultural, horticultural and forestry uses shall, in addition, be conducted so as to maintain the conveyance of stormwater off the site.
I.
Agricultural nuisance disclaimer. All lands in the Rural Agricultural District are located within an area where land is used for commercial agricultural production. Owners, residents, and other users of this property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants, and users of this property should be prepared to accept such inconveniences, discomfort, and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982[1] "The Right to Farm Law" may bar them from obtaining a legal judgment against such normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
J.
Required nutrient management plans. All agricultural uses shall comply with the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq., as may be amended.
§ 175-17 Low Density Residential District (R1).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Purpose. The purpose of the Low Density Residential District (R1) is to provide for development of residential uses at a relatively low density. It is expected that this area may eventually require off-site water and sewerage services although initial development of single family homes may not require immediate servicing. The uses would be restricted to single family homes and accessory uses appropriate to the principal uses.
B.
Permitted uses. A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes. The proposed use shall comply with all applicable bulk and area regulations of this section, and any applicable supplemental regulations provided for in Article VI.
C.
D.
Area and bulk regulations. The following dimensions unless specified otherwise, are the minimums required for the approval of uses within the district. All uses shall be governed by the appropriate parking regulations and other additional applicable requirements specified elsewhere in this chapter.
E.
Off-street parking, loading, and unloading regulations. Off-street parking, loading and unloading shall be provided in accordance with Article VIII.
§ 175-18 Residential District (R2).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Purpose. The purpose of the Residential District (R2) is to provide for the orderly expansion of low-density residential development in those areas where public services may be readily available; or are expected to be available in the future, and to exclude uses not compatible with such low-density residential development. Further, it is the purpose of the R2, Residential District to provide for potential areas for the establishment of planned residential development, which will be compatible with the other permitted uses within the District. Proposals for the establishment of this use shall comply with the procedures set forth in Article VII of Act of July 31, 1968, P.L. 805, as amended,[1] known as the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
B.
Permitted uses. A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes. The proposed use shall comply with all applicable bulk and area regulations of this section, and any applicable supplemental regulations provided for in Article VI.
C.
Special exception uses. The following uses may be permitted under the criteria and procedures listed in accordance with this section, § 175-53 of this chapter and any supplemental regulations as provided for in Article VI of this chapter.
(1)
Appropriate public uses and essential services.
(2)
Produce stand or roadside stand.
(3)
Home occupation providing no change in the facade shall indicate from the exterior that the building is being utilized for any purpose other than a dwelling.
(4)
Multifamily dwelling, including row dwelling.
(5)
Group home.
(6)
Group quarters.
(7)
Public swimming pool.
(8)
Retail and personal service shops, offices, studios, medical and dental clinics, greenhouses, funeral homes, and other business compatible with the residential character of the community.
(9)
Mobile home park.
(10)
Bed-and-breakfast inn.
(11)
Conversion apartment.
(12)
Rooming house.
(13)
Nursery school.
E.
Area and bulk regulations.
Use | Minimum Required Yards | ||||||||
|---|---|---|---|---|---|---|---|---|---|
Utilized Public Utilities | Minimum Lot Area (square feet) | Max. Density (du/ac) | Max. Lot Coverage (percent) | Minimum Lot Width2 (feet) | Front3 (feet) | One Side (feet) | Both Sides (feet) | Rear (feet) | |
SFD | None | 43,5601 | 1 | 20% | 300 | 25 | 235 | 245 | 25 |
SFD | Public Water | 32,0001 | 1.5 | 25% | 225 | 25 | 100 | 110 | 25 |
SFD | Public Sewer | 14,500 | 2 | 30% | 110 | 25 | 10 | 20 | 25 |
SFD | Public Water and Public Sewer | 8,000 | 5 | 35% | 75 | 25 | 10 | 20 | 25 |
Duplexes | Public Water and Public Sewer | 5,000 per unit | 5 | 40% | 40 per unit | 25 | 40 | N/A | 25 |
1 | The minimum lot size may be required to be increased to accommodate an on-lot disposal site as determined by the Pennsylvania Department of Environmental Protection. |
2 | Minimum lot width shall be measured at the building setback line and the street right-of-way line; a 30% reduction in lot width at the street right-of-way is permitted. |
3 | Front yard setback is measured from the street right-of-way line. |
4 | As an alternative, one of the side yard requirements may be 160 feet, and the other 85 feet. |
F.
Other setback requirements.
(2)
Agricultural setback requirement. No dwelling unit shall be located within 50 feet of any land within the Rural Agricultural District. In addition, no accessory residential structures, fences or shrubs shall be placed within five feet and no tree shall be planted within 30 feet of any land within the Rural Agricultural District.
(3)
Waste products. All trash dumpsters, other than for single-family residential use, shall be located within a side or rear yard, set back at least 15 feet from all property lines, and screened from adjoining roads and residential properties.
G.
Mobile home parks, area and density. Mobile home parks shall meet all applicable regulations of Chapter 140, Subdivision and Land Development, of the Code of the Township of Fermanagh. These regulations include provisions regarding minimum lot size for the park (five acres) and the minimum gross areas for individual lots (5,000 square feet). Setbacks are also established. (See Chapter 140, Subdivision and Land Development, Article VI, Mobile Home Park Regulations.)
I.
Off-street parking, loading, and unloading regulations. Off-street parking, loading and unloading shall be provided in accordance with Article VIII of this chapter.
§ 175-19 Commercial District (C).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Purpose. The purpose of the Commercial District (C) is to provide for the orderly development of those uses necessary to meet the community needs for goods and services as well as those of a social, cultural, and civic nature, and to exclude uses not compatible with such activities.
B.
Permitted uses. A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes. The proposed use shall comply with all applicable bulk and area regulations of this section, and any applicable supplemental regulations provided for in Article VI.
(1)
Business service establishments.
(2)
Retail stores.
(3)
Automotive sales facility.
(4)
Business, professional, and financial offices.
(5)
Commercial greenhouse.
(6)
Veterinary office or animal hospital.
(7)
Studios for teaching dancing, art, music or similar cultural subjects.
(8)
Specialty shops.
(9)
Boarding and lodging houses, nursing and rest homes.
(10)
Restaurants, including drive-in restaurants.
(11)
Personal service shop such as barber, beauty, shoe repair, dry cleaning, and laundromat.
(12)
Funeral home.
(13)
Recreation facility.
(14)
Private club.
(15)
Medical and dental clinic.
(16)
Carport, private garage or public garage.
(17)
Accessory buildings and uses customarily incidental to the above uses.
(18)
Light industry uses.
(19)
No-impact home-based business.
C.
D.
Conditional uses. The following uses may be permitted under the criteria and procedures listed in accordance with this section, § 175-52 of this chapter and any supplemental regulations as provided for in Article VI of this chapter.
(1)
Automotive service stations, including minor incidental repair, and/or convenience stores.
(2)
Motor vehicle service stations, including but not limited to, auto mechanics, drive-thru lubrication services and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio and upholstery shops.
(3)
Heavy equipment sales, service and/or repair facilities.
(4)
Home improvement and building supply stores.
(5)
Hotels, motels and similar lodging facilities.
(6)
Nightclubs and/or taverns.
(7)
Recycling collection facilities.
(8)
Shopping centers or malls involving any use permitted in this district.
(9)
Appropriate public uses and essential services.
E.
Area and bulk regulations.
(1)
Height regulations. The maximum height for commercial and service buildings shall be two stories or 30 feet.
(2)
(3)
(4)
Building coverage. All buildings, including accessory buildings, shall not cover more than 30% of the total lot area.
(5)
Lot coverage. The total of all impervious surfaces shall not cover more than 75% of the total lot area.
F.
Off-street parking, loading, and unloading regulations. Off-street parking, loading and unloading shall be provided in accordance with Article VIII.
H.
Maximum permitted height: 35 feet.
I.
Outdoor storage. Within this district, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and the outdoor storage areas comply with the setbacks imposed within this section. Outdoor display areas need not be screened from adjoining roads, if they are located within the front yard.
J.
Off-street loading. Off-street loading shall be provided, as specified in Article VIII of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
K.
Off-street parking. Off-street parking shall be provided as specified in Article VIII of this chapter.
N.
Landscaping and screening. A minimum of ten-foot wide landscape strip shall be provided and maintained along all property lines, including the street frontage. Such landscape strip may be waived for any portion of the site occupied by a joint parking lot, loading area and/or access drive shared by adjoining uses, or by two adjoining buildings sharing such joint uses. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, access drives, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A visual screen must be provided along any adjoining lands within a residential zone. Landscaping and screening requirements are set forth in § 175-33A and B of this chapter.
O.
Operations and performance standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
P.
Design features/bonus incentives. Because of this district's intended purpose to reduce traffic congestion, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are tied to compliance with specified design features, as follows:
Design Features | Bonus Incentives |
|---|---|
Coordinated vehicular access between 2 or more adjoining land uses that make use of only one shared access drive onto an adjoining road. | A 10% increase in the maximum permitted lot coverage for each use. |
Coordinated off-street parking between 2 or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties. | Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses. |
Coordinated off-street loading between 2 adjoining land uses sharing a single access drive to 1 or more loading spaces serving both uses. | Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross property use easement is recorded that assures both uses may use the shared loading spaces(s). In addition, one side yard setback may also be waived, as it is applied to off-street loading. |
Coordinated signage with 2 or more uses sharing only freestanding sign. | A 5% increase in the maximum permitted lot coverage and a 25% increase in the maximum permitted size of any attached or freestanding signs. |
§ 175-20 Industrial District (I).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Purpose. The purpose of the Industrial District (I) is to provide sufficient space, in appropriate locations, to meet the current and anticipated future needs for limited industrial activity with due allowance for the needs for a choice of sites. It is further intended that approved industrial operations will be compatible with surrounding residential or farm areas.
B.
Permitted uses. The following uses may be permitted under the criteria and procedures listed in accordance with this section, and any supplemental regulations as provided for in Article VI of this chapter.
(1)
Light industry uses.
(3)
Administrative activities and offices.
(4)
Communication, transmission and/or receiving facility; including accessory uses requiring an Federal Communications Commission license.
(5)
Textiles and clothing manufacture.
(6)
Storage (interior) of raw materials products or waste materials of the above uses.
(7)
Warehouses, distribution centers, and truck and bus terminals.
(8)
Other uses similar to those listed above.
(9)
Accessory buildings and uses customarily incidental to the above uses such as a restaurant, cafeteria or recreation facility.
C.
D.
Performance standards. The industrial activities shall be such that they: emit no obnoxious, toxic or corrosive dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission; discharge no smoke of a consistency which will restrict the passage of sunlight; emit no odor perceptible at the lot boundaries; produce no heat or glare perceptible at or beyond the lot boundaries; produce no physical vibrations perceptible at or beyond the lot boundaries; produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation (electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property); discharge no untreated potentially dangerous effluent from plant operations into local surface or subsurface drainage courses. See § 175-33C.
E.
Area and bulk regulations.
(1)
Height regulations. There are no maximum height restrictions.
(2)
Area and widths. There are no lot area and width restrictions.
(3)
(4)
Building coverage. All buildings, including accessory buildings, shall not cover more than 30% of the total lot area.
(5)
Lot coverage. The total of all impervious surfaces shall not cover more than 75% of the total lot area.
F.
Off-street parking, loading, and unloading regulations. Off-street parking, loading and unloading shall be provided in accordance with Article VIII of this chapter.
H.
Maximum permitted height: 35 feet.
I.
Outdoor storage. No outdoor storage is permitted.
J.
Off-street loading. Off-street loading shall be provided as specified in Article VIII of this chapter.
K.
Off-street parking. Off-street parking shall be provided as specified in Article VIII of this chapter.
M.
Landscaping and screening. A minimum fifteen-foot-wide landscape strip shall be provided and maintained along property lines, including the street frontage. Such landscape strip may be waived for any portion of the site occupied by a joint parking lot, loading area or access drive shared by adjoining uses, or by two adjoining buildings sharing such joint uses. Any portion of the site not used for buildings, structures, parking lots, loading areas, access drives, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. A vegetative screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially-zoned parcel is developed.
N.
Operations and performance standards. All commercial and industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government relations, as required by the most recent regulations made available from these government bodies.
O.
Design features/bonus incentives. Because of this district's intended purpose to promote integrated site function and appearance, the following bonus incentives are applied to individual uses when prescribed design features are provided. These bonus incentives are tied to compliance with specified design features, as follows:
Design Features | Bonus Incentives |
|---|---|
Coordinated vehicular access between two or more adjoining land uses that make use of only one shared access drive onto an adjoining road. | A 10% increase in the maximum permitted lot coverage for each use. |
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties. | Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses. |
Coordinated off-street loading between two adjoining land uses sharing a single access drive to one or more loading spaces serving both uses. | Waiver of the off-street loading space requirement for that use that would otherwise require the least number of loading spaces, provided a cross property use easement is recorded that assures both uses may use the shared loading spaces(s). In addition, one side yard setback may also be waived, as it is applied to off-street loading. |
Coordinated signage with two or more uses sharing only freestanding sign. | A 5% increase in the maximum permitted lot coverage and a 25% increase in the maximum permitted size of any attached or freestanding signs. |
§ 175-21 Floodplain District (FP).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Purpose. The purpose of the Floodplain District (FP) is to prevent development in areas unfit therefore by reason of flooding; to minimize danger to public health by protecting water supply and natural drainage to promote the health, safety, and welfare of residents and property owners in or near streams and areas subject to flooding; and to provide for the preservation of natural drainage ways while providing for such uses and development as are compatible with these objectives.
B.
Definition of district. The Floodplain District (FP) is defined and established to the low area adjoining and including any water or drainage course or body of water subject to periodic flooding or overflow and delineated as:
(1)
"Alluvial Soils" by the Natural Resources Conservation Service, United States Department of Agriculture, in the Soil Survey of Juniata County, Pennsylvania, as amended.
(2)
"Flood Hazard Boundary Map" for the Township by the Federal Insurance and Mitigation Administration of the Department of Housing and Urban Development.
(3)
Zoning Map. The FP Floodplain District, as herinabove defined, shall be included by reference to the documents and mapping described in § 175-21B which is hereby made a part of this chapter. For the purpose of defining the application of the Map to any specific area, the maps data and other sources of material described in § 175-21B shall be available and shall be proof of the intended limits of the FP Floodplain District. Any change in the FP Floodplain District as may from time to time be determined to be proper as further information becomes available shall be forthwith reflected on said documents and maps.
C.
Permitted uses. A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes. The proposed use shall comply with all applicable bulk and area regulations of this section, and any applicable supplemental regulations provided for in Article VI of this chapter.
(1)
Forestry, lumbering and reforestation, excluding storage and structures related to the harvesting of lumber products.
(2)
Horticultural uses related to the raising and propagating of shrubs, flowers and other vegetative materials.
(3)
Activities related to the preservation of natural amenities.
(4)
Public and private recreation facilities, including golf courses, but excluding structures.
(5)
Agricultural uses related to the tilling of the land, the raising of farm products, the raising and keeping of horses, cattle and other livestock, and the raising of poultry and poultry products, excluding structures.
(6)
Wildlife sanctuary, woodland preserves, arboretum.
(7)
Game farm, fish hatchery, hunting and fishing reserves, excluding structures.
(8)
Pasture and grazing land.
(9)
Front, side, or rear yards and required lot area for any district.
D.
Special exception uses. The following uses may be permitted under the criteria and procedures listed in accordance with this section, § 175-53 of this chapter and any supplemental regulations as provided for in Article VI of this chapter.
(1)
Sewage treatment plants.
(2)
Dams, culverts, and bridges approved by the Pennsylvania Department of Environmental Protection if it has jurisdiction over the watershed in question, or by the governmental agency exercising jurisdiction over the watershed.
(3)
Paved roads and driveways.
(4)
Impounding basins and storm sewers.
(5)
Retaining walls, provided that a detailed engineering drawing shall accompany any application for special exception, and provided further that an appeal for a special exception be combined with a simultaneous appeal for reclassification from Floodplain District to the use district of the principal building or the lot or parcel for which the retaining wall application is being made.
(7)
Sanitary sewage pumping stations.
E.
Prohibited uses.
(2)
The filling of marshlands, removal of topsoil or damming or relocation of any watercourses except with the approval of the Township Planning Commission and the Pennsylvania Department of Environmental Protection.
(3)
Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or materials.
(4)
On-site sewage disposal systems.
(5)
Any substantial alteration of the cross-sectional profile of a stream basin.
F.
Area and bulk regulations. No minimum lot size shall be required for the permitted and special exception uses except as otherwise provided herein.
G.
Off-street parking regulations. Off-street parking, loading and unloading shall be provided in accordance with Article VIII.
I.
Standards and criteria for special exceptions and variances. In addition to the provisions of § 175-33, in hearing and deciding upon special exceptions and/or variances to be granted or denied under the provisions of this district, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:
(1)
That the granting of a special exception or variance will not result in any of the following:
(2)
That the proposed special exception or variance exhibits all of the following characteristics:
(a)
Provides an important and needed service to the community;
(b)
Requires a waterfront location;
(c)
Cannot be sited at an alternate location not subject to flooding; and
(d)
Is consistent with Comprehensive Plan for the Township of Fermanagh, most recent edition, and Floodplain Management Plan for the area.
(3)
In hearing and deciding upon special exceptions to be granted or denied under the provisions of this district, the burden of proof shall be on the applicant.
(5)
A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Board.
J.
Design and performance standards.
(1)
All authorized new construction and substantial improvements to permanent residential structures shall have the lowest floor (including basement) elevated to one foot above the 100-year flood elevation;
(2)
All authorized new nonresidential structures or substantial improvements thereto shall have the lowest floor (including basement) elevated to one foot above the 100-year flood elevation or, together with attendant utility and sanitary facilities, be floodproofed to that level in accordance with W-1 or W-2 standards, as contained in the publication Floodproofing Regulations, U.S. Army Corps of Engineers, June 1972. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards;
(3)
All structures, including buildings, air ducts, large pipes and storage tanks shall be firmly anchored to prevent floatation, movement or collapse; and
(4)
Enclosed space below the lowest floor (including basement) shall be prohibited.
K.
Nonconforming uses and structures.
(1)
Continuation. All uses or structures lawfully existing in the Floodplain Zone on the effective date of this section which are not in conformity with the provisions of this section shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired, and floodproofed, except as otherwise provided for in this section;
(2)
Expansion. Nonconforming structures located within the floodway shall not be expanded or enlarged if any increase in the 100-year flood elevation would result; and
(3)
Replacement or repair. A nonconforming structure may be replaced, repaired or reconstructed if it damaged or destroyed to the extent of less than 50% of its fair market value, provided that the nonconformity of the new structure shall not exceed that of the original structure. A nonconforming structure which is damaged or destroyed to the extent of 50% or more of its fair market value may be replaced, repaired or reconstructed only if:
L.
Application procedures.
(1)
Within the Floodplain District, a zoning permit shall be required for any proposed development, construction, reconstruction, placement, renovation, extension, repair or other improvement of uses or structures, and activities, such as mining, dredging, filling, grading, paving or drilling operations. Application for a zoning permit shall be filed with the Zoning Officer who shall make an initial determination on the application.
(2)
Every zoning permit application within the Floodplain District shall include or be accompanied by all information necessary for the Zoning Officer to determine that the proposal meets all the provisions of this section. Included within this submission shall be copies of all necessary state and federal permits. The following information is specifically required:
(a)
The elevation, in relation to mean sea level, of the lowest floor (including basement);
(b)
Whether or not the structure includes a basement;
(c)
If the structure is to be floodproofed, the elevation (in relation to mean sea level) to which the structure is to be floodproofed; and
(d)
If the structure is to be floodproofed, a document certified by a registered professional engineer or architect certifying that the floodproofing methods used meet the provisions of this district.
M.
Municipal liability. The degree of flood protection sought by the provisions of this district is considered reasonable for regulatory purposes and is based on acceptable engineering studies. 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 district does not imply that areas outside the Floodplain District or that land uses permitted within this district will be free from flooding or flood damage. These district provisions shall not create liability on the part of the Township of Fermanagh or any officer or employee thereof for any flood damages that result from reliance on the provisions of this district or any administrative decision lawfully made thereunder.