Richland Township Cambria County
City Zoning Code
City Zoning Code
ARTICLE IV
General Provisions
§ 240-15 Conformance and permits.
No building or land shall, after the effective date of this chapter, except for existing nonconforming uses, be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district and licenses required by all laws and ordinances.
§ 240-16 Compliance with regulations.
No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have a narrower or smaller rear yard, side yard or front yard than is herein specified for the district in which the building is located except as authorized by the Zoning Hearing Board pursuant to Article IX.
§ 240-17 Yards.
No part of a yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or open space similarly required for another building.
§ 240-18 Substandard dwellings.
A.
No structure shall be used or occupied as a dwelling if such structure is in need of such major structural repairs as to render it unsafe or unsanitary or if the premises does not have connection with the municipal sewer system or alternative sanitary sewage facilities approved by the local public health authorities having jurisdiction.
B.
No structure shall be occupied as a dwelling unless said structure is permanently attached to the ground by a permanent foundation or crawl space or permanently attached to an on-grade slab except for mobile homes located in a mobile home park.
C.
No structure shall be used or occupied that is not in conformity with the Richland Township Property Maintenance Code,[1] as amended, the Richland Township Building Code,[2] as amended, or the Richland Township Fire Prevention Code,[3] as amended, or such other building codes as are now or may hereafter be in effect.
§ 240-19 Uses requiring site plan approval.
A.
Zoning approval issued for any purpose specified in § 240-93 in an R-4, U, C, L-1, M or A District shall require site plan approval by the Richland Township Planning Commission except for any of the following:
(1)
A change from a more restrictive permitted use to a less restrictive permitted use. For purposes of this section, a less restrictive permitted use is sought when the proposed use of the site plan would require less restrictive area and height limitations, parking requirements, storm sewer drainage requirement, and/or floodplain requirements than those limitations and requirements applying to the site use existing at the time of the zoning approval.
(2)
Signs.
(3)
Plans for one single-family or one two-family residence.
(4)
The Zoning Officer shall have discretion to waive the requirement of site plan approval for an addition to an existing structure or the construction of an accessory building where the addition or the accessory building does not exceed 250 square feet. In exercising said discretion, the Zoning Officer shall evaluate the effect of the addition or accessory building considering all relevant factors set forth in Subsection C(1) through (11) below.
B.
Three copies of the site plan and fee as provided for in § 240-95 shall be submitted to the Commission at least seven days prior to the regularly scheduled or special meeting at which it is to be reviewed. The seven-day requirement may be waived by the Planning Commission if a majority of the members present at the meeting agree that they have had sufficient time to review the site plan. All site plans must be approved by a majority of members present, provided that five members must be present to constitute a quorum.
C.
In addition to conforming to any specific requirements set forth in this chapter, the Planning Commission may require changes in the site plan which are deemed necessary to promote orderly development of the area. In addition to specific requirements of the district regulations, the site plan as defined in § 240-9 shall provide for and contain the following:
(1)
Location of the lot or lots with respect to adjacent streets and property owners.
(2)
Critical dimensions of setback, yard area, paving, driveways, parking areas, landscape areas and other prominent features.
(3)
Traffic circulation within the site.
(4)
Location of vehicular access to the site.
(5)
The height and bulk of structures.
(6)
Location and size of signs, walls and fences to be construed on the site.
(7)
Provisions for storm drainage, including the drainage flow, catch basins size and location of any storm sewers and discharge points from the site in conformity with § 240-26.
(8)
Connections to all public utilities that are serving the site.
(9)
Location, size and content of all underground storage tanks.
D.
In considering any plan hereunder, the Planning Commission shall endeavor to ensure safety and convenience of traffic movement. In this connection, the Planning Commission shall refer to any traffic plan or study adopted by the Township of Richland.
E.
Likewise, the Planning Commission shall seek to assure harmonious and beneficial relationship of buildings and uses on the site, as well as to contiguous properties, and overall development in a manner not detrimental to the public at large.
F.
The Planning Commission shall report its findings and recommendations in writing to the Zoning Officer within 48 hours following the review meeting. The approval, for the purpose of obtaining zoning approval and a building permit, shall be valid for a period of 180 days unless extended by the Planning Commission for reasonable cause shown.
§ 240-20 Public utility uses.
Public utility uses for the transportation, distribution and control of water, gas, electricity, oil, steam, telegraph and telephone communications, cable television and their supporting members other than buildings and railroads shall not be required to be located on a zoning lot nor be held to reduce yard dimensions for other buildings on a lot.
§ 240-21 Nonconforming lots.
A lot held in single and separate ownership or a lot in a recorded plan at the effective date of this chapter or of any subsequent amendment hereto which is not of the required minimum area or width may be used for the construction, alteration or reconstruction of a building or may be otherwise used if the construction, alteration, reconstruction or other use itself is in compliance with the use, yard, setback, density and other pertinent provisions of this chapter.
§ 240-22 Nonconforming uses.
Except as hereinafter provided, the lawful use of a building or structure or of any land or premises existing at the time of the effective date of this chapter or any subsequent amendment, or at the time of a change in the Zoning Map, may be continued although such use does not conform to the provisions hereof or of any subsequent amendment.
A.
A nonconforming use may be changed to another nonconforming use by grant of special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace.
(1)
In determining relative detriment, the Zoning Hearing Board shall take into consideration, among other things: traffic generated; nuisance characteristics (such as emission of noise, dust and smoke); fire hazards; and hours and manner of operation.
B.
A nonconforming use shall not be extended or enlarged, and a nonconforming building shall not be extended or structurally altered unless the Zoning Hearing Board shall, as a special exception, authorize the extension of a nonconforming use or the limited extension of a building which houses a nonconforming use. The Zoning Hearing Board may grant such special exception provided that:
(1)
It is clear that such extension is not materially detrimental to the character of the surrounding area or the interest of the municipality.
(2)
It is clear that denial of the use would work an undue hardship upon the landowner.
(3)
Any extension of a building shall conform to the area, height and setback regulations of the district in which it is situated.
C.
Whenever a nonconforming use of land, premises, building or structure, or any part or portion thereof, has been discontinued for a period of one year, the nonusage shall create a rebuttable presumption that the nonconforming use has been abandoned and, in the absence of proof, by a preponderance of the evidence, rebutting the presumption of abandonment, the nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter.
§ 240-23 Nonconforming structures.
The continuation, alteration or extension of a nonconforming structure shall be in compliance with the following requirements.
A.
A nonconforming structure being used or proposed to be used for a conforming purpose may continue and may be altered or enlarged unless the alteration or enlargement would increase the nonconformity of the structure with respect to the setback requirements (by reason of the physical encroachments of such proposed alteration or enlargement upon the setback areas), the land coverage requirements or the density requirement of the district in which the structure is located at the time such alteration or enlargement is proposed to be made.
B.
A nonconforming building or structure which has been seriously damaged or destroyed by fire or other casualty may be reconstructed in its former location and to its former dimensions and used for the same purpose for which it was used before its damage or destruction, provided that such reconstruction shall be commenced within one year from the date of damage or destruction and shall be completed within one year after commencement of construction.
C.
A nonconforming building shall not be expanded, enlarged or structurally altered for a nonconforming purpose unless the Zoning Hearing Board shall, as a special exception, authorize the expansion, enlargement or structural alterations. The Zoning Hearing Board may grant such a special exception provided that:
(1)
It is clear that such extension is not materially detrimental to the character of the surrounding area or the interest of the municipality.
(2)
It is established that denial of the expansion, enlargement or alteration, etc., would work an undue hardship upon the landowner.
(3)
Any expansion of a building shall conform to the area, height and setback regulations of the district in which it is situated.
§ 240-24 As-built requirements.
Upon completion of all improved work and as a requirement for issuance of a final occupancy permit, as-built drawings of the approved site work shall be submitted to the township for review and acceptance. The as-built information shall contain a certification by a registered architect, professional engineer or registered surveyor indicating that the stormwater management facilities are in place and functioning as per the approved design.
§ 240-25 Site restoration bond.
A site restoration bond to assure restoration of the site to an approved condition in the event that construction of a proposed development in accordance with the approved plan and zoning requirements does not occur may be required at anytime in an amount to be determined and approved by the Township Supervisors.
§ 240-26 Stormwater.
Adequate stormwater drainage facilities shall be installed in order to ensure that stormwater does not flow onto abutting property or abutting sidewalks at a detrimental rate. The rate of stormwater runoff from a property after construction and/or development shall not exceed the rate of runoff prior to the construction and/or development. Runoff calculations shall be submitted on forms provided by the township using formulas approved by the Richland Township Board of Supervisors by resolution, along with the site plan for review and approval.
§ 240-27 Safety limitations on fences, structures and shrubbery.
A.
No fence, structures or obstacle shall be placed or maintained nor shall any shrubbery be planted or maintained within the township in a manner or at a location which creates a traffic hazard by impairing visibility from or of a public highway.
B.
The height of such objects are restricted to three feet above the established street grade within a triangular area formed by the intersecting street lines and equidistant from the point of intersection. This distance shall be 30 feet from the corner.
§ 240-28 Mobile homes.
Mobile homes shall be permitted only in mobile home parks.
§ 240-29 Garage and yard sales.
Private yard and garage sales. Such activities may be permitted in all districts based on the following: