Mohnton City Zoning Code
PART 13
DEFINITIONS; AMENDMENTS; REMEDIES; PENALTIES
§ 27-1300 Definitions; Word Usage.
[Ord. 264, 7/23/1962, § 1300; Ord. 515, 6/10/1992; Ord. No. 841, 8/12/2015; Ord. No. 959, 3/15/2023; Ord. No. 974, 6/12/2024]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated. The singular shall include the plural, and the plural shall include the singular. The word "used" shall include the words "arranged," "designed," or "intended to be used." The word "building" shall include the word "structure." The present tense shall include the future tense.
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
A use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
Any change or rearrangement in the structural parts or in the existing facilities of a building or structure, or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such structure from one location to another.
Every application, whether preliminary, tentative 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.
Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.
A structure or appendage to a structure permanently affixed to the ground, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure or support of humans, animals or property of any kind, or, in the case of a mobile home, connected in any fashion to any source of electricity, gas, heating fuel, telephone, or to a sewage disposal or water system of any type.
The aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves, and gutters, of all buildings on a lot.
The line parallel to the street line at a distance therefrom equal to the depth of the required front yard.
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 a development, not including streets, off-street parking areas, and areas set aside for public facilities.
A use which is allowed or denied by Borough Council, after submission of a zoning application to the Borough Secretary in substantially the same form as a request for a hearing before the Zoning Hearing Board for a variance or special exception, and for the purposes of this chapter, be adjudicated under the provisions of a special exception by the Borough Council.
To change or adapt land or structures to a different use.
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Borough lies.
Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following: 1) the Borough Council; 2) the Zoning Hearing Board; or 3) the Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.
Any 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.
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
SINGLE-FAMILYA building, on a lot, designed and occupied exclusively as a residence for one family. Any mobile home or trailer permitted under Borough ordinance and used individually on a lot for residence purposes shall comply with the provisions of this chapter applicable to single-family dwellings.
TWO-FAMILYA building, on a lot, designed and occupied exclusively as a residence for two families.
MULTIPLE or APARTMENTA building, on a lot, designed and occupied exclusively as a residence for three or more families.
An assemblage of equipment for purposes other than generation or utilization through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts an electric substation shall not include rotating equipment, except as is incidental to the operation of the substation as such, storage of materials, trucks or repair facilities, or housing of repair crews.
One or more persons, related by blood, marriage, adoption or guardianship, with/or not more than two unrelated persons, living together as a single housekeeping unit and using cooking facilities and certain rooms in common.
Any building used for storing agricultural equipment or farm produce, housing livestock or poultry, and processing dairy products. The term "farm building" shall not include a dwelling.
A building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof; provided that chimneys, spires, towers, elevator penthouses, tanks, and similar projections of the building and structures supporting utility or transmission facilities shall not be included in calculating the height.
A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a "boardinghouse" and shall meet the requirements of that use.
A surface that has been compacted or covered with a layer of material so that it prevents or is resistant to infiltration of water, including but not limited to: structures such as roofs, buildings, and storage sheds; other solid, paved or concrete areas such as streets, driveways, sidewalks, parking lots, patios, tennis or other paved courts; or athletic playfields comprised of synthetic turf materials. For the purposes of determining compliance with this chapter, compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Surfaces that were designed to allow infiltration (i.e., areas of porous pavement) will be considered on a case-by-case basis by the Municipal Engineer, based on appropriate documentation and condition of the material, etc.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
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
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.
A subdivision of land.
"Land development" does not include development which involves:
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 a condominium;
The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, 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 the proper authorities.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
The horizontal land area contained within the lot lines of a lot (measured in acres or square feet).
The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, the lot width shall be measured using a straight line from end to end.
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."[1]
A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
An open space or a garage, on a lot, used for parking motor vehicles, the area of which is not less than 200 square feet and to which there is access from a street.
A document issued by the proper Borough authority authorizing the applicant to undertake certain activities, including but not limited to zoning, occupancy, and/or construction.
Uses that do not have to be approved by the Zoning Hearing Board or the Borough Council. However, a site plan review may be required for certain permitted uses by right to ensure compliance with Borough ordinances. A non-conforming use shall not be considered to be a permitted use.
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.
The Planning Commission of the Borough of Mohnton.
A dominant use(s) or main use on a lot, as opposed to an accessory use.
An accessory building used for the storage of any number of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. No more than one commercial vehicle may be stored in a private garage in a residence district.
A building, not a private garage, used primarily for the storage and/or repair of motor vehicles of any type or ownership.
Includes:
A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.[2]
Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
A vehicle, boat, boat trailer, or other piece of equipment, whether self-powered or designed to be pulled or carried, intended only for leisure time or recreational use and which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a truck; and
Not designed for use as a permanent dwelling, storage facility, animal shelter, or accessory building but as temporary living quarters for recreational, camping, travel, or seasonal use.
Recreational vehicles or units include snowmobiles, minibikes, all terrain vehicles, go-carts, boat trailers, travel trailers, truck-mounted campers, motor homes, folding tent campers, boats, autos, buses or trucks adapted for vacation use, and other vehicles not suitable for daily conventional family transportation.
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
A public sanitary sewer system or a comparable common or package sanitary sewer facility approved by the appropriate governmental health agency.
An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs.
Any group of three or more stores or related commercial buildings or uses, developed in accordance with an integrated plan and served by common parking and/or service areas.
The ownership of a lot by one or more persons, partnerships, or corporations, which ownership is separate and distinct from that of any adjoining lot.
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
The dividing line between a lot and the outside boundary of the right-of-way of a street. Where a street line has not been established it shall be computed as not less than 12 1/2 feet from the center of the existing street.
Any change in or addition to the supporting members of a building or structure, such as bearing wall partitions, columns, beams or girders.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the ground. "Structures" include, but are not limited to, buildings, factories, sheds, cabins, mobile homes, signs, tents, tanks and towers.
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, partition by the court for distribution to heirs or devisees, 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 any residential dwelling, shall be exempted.
Where, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radio-telephone messages between subscribers, and other business of the telephone company; but in residence districts not to include public business facilities, storage of materials, trucking or repair facilities, or housing of repair crews.
A lot or premises used for occupancy by two or more trailers (mobile homes) or any other vehicles used for living or sleeping purposes.
A dwelling unit, licensed by the Commonwealth of Pennsylvania, providing short-term housing for up to five special needs residents sharing common kitchen facilities.
The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: activity within a building, activity outside of a building, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.
Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.[3]
An inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Borough.
FRONTThe required open space, extending along the street line throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices, and steps.
SIDEThe required open space, extending along the side line of the lot throughout the full depth of the lot, exclusive of overhanging eaves, gutters, cornices, and steps.
REARThe required open space, extending along the rear street line, or in the absence of a street line the rear property line, of the lot throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices, and steps.
The Official Zoning Map of the Borough of Mohnton, Berks County, Pennsylvania.
§ 27-1301 Amendments.
[Ord. No. 264, 7/23/1962; as amended by Ord. No. 515, 6/10/1992; and by Ord. No. 841, 8/12/2015]
1.
The provisions of this chapter and the boundaries of zoning districts as set forth on the Official Zoning Map may from time to time be amended, supplemented or changed by Borough Council in accordance with the following procedure:
A.
Procedure.
(1)
The following procedures shall be observed prior to making any amendment or change to this chapter or parts thereof, including the Official Zoning Map:
(a)
All proposed amendments to this chapter shall be submitted to the County Planning Commission for its recommendations at least 30 days prior to the public hearing.
(b)
Any amendment not prepared by or emanating from the Borough Planning Commission shall be submitted by Borough Council to the Borough Planning Commission for its recommendation at least 30 days prior to the public hearing.
B.
Submission of Impact Statement. With a request for a zoning amendment initiated by other than the Borough Council or Borough Planning Commission, a statement indicating the impact of the zoning change on the Borough may be required to be submitted by Borough Council with the application for rezoning. The statement shall compare the impact on the Borough resulting from the existing zoning with the impact resulting from the proposed zoning, specifically discussing:
(1)
Environmental impact: the impact on wooded areas, floodplains, wetland areas of high water table, stormwater runoff, erosion and sedimentation, water quality, air quality, solid waste generation, and noise levels.
(2)
Traffic impact: the impact on traffic generation per day and at peak hours, including numbers and routes expected to be used. An analysis of traffic capacities of adjacent roads and intersections and roads and intersections to be significantly affected by the zoning change shall be prepared.
(3)
Services impact: the demand for school, police, sanitary sewer, water, sanitation, and road maintenance services.
(4)
Fiscal impact analysis: the costs and revenues to the Borough.
(5)
The PA MPC was revised in 2013 requiring the Borough shall provide a property owner, upon request, a mailed or electronic notice for any revisions which may affect their land regarding enactment of zoning amendments in accordance with Section 109 of the PA MPC as well as Section 609(b) of the PA MPC.[3]
[3]
Editor's Note: See 53 P.S. §§ 10109 and 10609(b).
(6)
The PA MPC was revised in 2002 requiring that the Borough shall send notice of a public hearing to affected property owners in the event of a proposed zoning ordinance amendment involving a Zoning Map change.
(7)
In order to reduce the risk for procedural errors, it is strongly suggested that all procedural-type requirements contained in the PA MPC related to amendments, hearings, public notice, etc., shall comply with all recommendations of the PA MPC relative thereto.
C.
Public Hearing. The Borough Council shall hold a public hearing before voting on the enactment of any amendment or change. Public notice of such hearing shall be given as required by law. In addition, if the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially or is revised to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice prior to voting on the amendment. The Borough Council shall vote on the proposed amendment within 90 days after the last public hearing. Enactment of amendments shall be in accordance with the procedures established in the Pennsylvania Municipalities Planning Code, as amended.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 27-1302 Enforcement Notice.
[Ord. No. 264, 7/23/1962; as amended by Ord. No. 515, 6/10/1992; and by Ord. No. 841, 8/12/2015]
2.
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D.
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
F.
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§ 27-1303 Enforcement Remedies.
[Ord. No. 264, 7/23/1962; as amended by Ord. No. 515, 6/10/1992; and by Ord. No. 841, 8/12/2015]
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.
§ 27-1304 Appeals.
[Ord. No. 264, 7/23/1962; as amended by Ord. No. 515, 6/10/1992; and by Ord. No. 841, 8/12/2015]
Proceedings for securing review of any ordinance or of any decision, determination or order of the Borough Council, its agencies, the Zoning Hearing Board or Zoning Officer issued pursuant to this chapter shall be in accordance with the Pennsylvania Municipalities Planning Code, amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.