Agriculture and horticulture, including one single-family detached dwelling contained on the site, excluding concentrated animal feeding operations and/or commercial produce operations, as defined herein.

Forestry uses, subject to the requirements of § 326 of this chapter.

Uses devoted to the conservation of natural resources.

Municipal services, parks and playgrounds.

Public and private schools.

Churches, cemeteries and related uses.

Public utility structures.

Single-family detached dwellings, camps and cottages.

Animal shelters and veterinary offices, subject to the following:

Bed-and-breakfasts, as defined herein, subject to the following:

Kennels, as defined herein, subject to the following:

Riding stables, as defined herein, subject to the following:

Two-family conversions. A detached single-family dwelling that existed on the effective date of this chapter and contained (at that time) at least 3,000 square feet may be converted into two dwelling units, subject to the following:

(Reserved)[1]

Clubhouses, as defined herein, subject to the following:

Accessory uses customarily incidental to the above permitted uses, including but not limited to the following:

Conventional wells, meeting all of the requirements of the Pennsylvania Oil and Gas Act, as from time to time amended.[2]

Campgrounds. (See § 414.)

Commercial produce operations. (See § 418.)

Communication towers and equipment that are not co-located upon an existing structure. (See § 420.)

Concentrated animal feeding operations. (See § 421.)

Golf courses. (See § 429.)

Nursery and garden centers and contractors. (See § 443.)

Nursing, rest or retirement homes. (See § 444.)

Wind farms. (See § 458.)

Well pads for unconventional wells, meeting all of the applicable requirements of Section 459.1.

Natural gas compression stations, meeting all of the requirements of § 459.1.

Disposal wells, meeting all of the applicable requirements of § 459.1.

Digital currency mining. (See § 460.)

Community solar energy system. (See § 461.)

Grid-scale solar energy system. (See § 461.)

Airports/heliports. (See § 404.)

Cluster developments. (See § 416.)

Manufactured home parks. (See § 438.)

Mining, quarrying, and related processing facilities. (See § 441.)

Sawmills. (See § 450.)

Septage and/or spent mushroom compost processing or commercial mushroom operations. (See § 451.)

Shooting ranges. (See § 452.)[3]

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 25 feet.

Agricultural, horticultural and forestry uses, excluding concentrated animal feeding operations subject to the standards listed in § 200 of this chapter.

Single-family detached dwellings.

Municipal services, parks and playgrounds.

Public and private schools.

Churches, cemeteries and related uses.

Public utility structures.

No-impact home-based businesses.

Accessory uses customarily incidental and secondary to the above permitted uses, including but not limited to no-impact home-based businesses and accessory day-care uses, as defined herein.[1]

Bed-and-breakfasts. (See § 411.)

ECHO housing. (See § 425.)

Family day-care facilities. (See § 426.)

Home occupations. (See § 434.)

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 20 feet.

Single-family detached dwellings.

Duplexes.

Forestry uses, subject to § 326 of this chapter.

Municipal services, parks and playgrounds.

Public and private schools.

Churches, cemeteries and related uses.

Public utility structures.

No-impact home-based businesses.

Accessory uses customarily incidental and secondary to the above permitted uses, including but not limited to no-impact home-based businesses and accessory day-care uses, as defined herein.

[1] Two-family conversions. All units on floors above the first story and/or below grade shall have a permanently affixed direct means of escape to ground level and a hard-wired smoke alarm.

Accessory detached structures exceeding 900 square feet of total floor area. (See § 401.)

Accessory dwelling units. (See § 402.)

Boardinghouses. (See § 413.)

Bed-and-breakfasts. (See § 411.)

Family day-care facilities. (See § 426.)

Home occupations. (See § 434.)

Office and retail conversions. (See § 445.)[2]

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 15 feet.

Single-family detached dwellings.

Duplexes.

Townhouses.

Multifamily dwellings.

Forestry uses, subject to the requirements of § 326 of this chapter.

Municipal services, parks and playgrounds.

Public and private schools.

Churches, cemeteries and related uses.

Public utility structures.

Accessory uses customarily incidental and secondary to the above permitted uses, including but not limited to no-impact home-based businesses and accessory day-care uses, as defined herein.

[1] Two-family conversions. All units on floors above the first story and/or below grade shall have a permanently affixed direct means of escape to ground level and a hard-wired smoke alarm.

Bed-and-breakfasts. (See § 411.)

Boardinghouses. (See § 413.)

Family day-care facilities. (See § 426.)

Funeral homes. (See § 428.)

Home occupations. (See § 434.)

Nursing, rest or retirement homes. (See § 444.)

Office and retail conversions. (See § 445.)[2]

Manufactured home parks. (See § 438.)

Principal buildings and structures: 35 feet.

Accessory buildings and structures: 15 feet.

Forestry uses, subject to the standards listed in § 326 of this chapter.

Municipal services, parks and playgrounds.

Public uses and public utility structures.

Banks and similar financial institutions, excluding drive-thru lanes.

Hotels.

Medical or dental clinics.

Offices.

Public, private and commercial schools.

Restaurants and taverns (excluding outdoor cafes and drive-thru or fast-food restaurants).

Retail sale, service and/or rental of goods (except adult-related uses, as defined herein), including:

Retail services, including barber/beauty salons; tailors and shoe repair; tanning salons; and fitness, dance or karate centers.

Art or antique shops, museums and libraries.

Delicatessens, bakers and caterers.

Churches and related uses, excluding cemeteries.

Private clubhouses.

Automobile parking compounds, garages, and mass transit terminals.

Movie theaters, auditoriums and other places of public assembly.

Accessory uses customarily incidental to the above permitted uses.

[1] Upper floor (non-first floor or ground floor) residential unit(s).

Banks and similar financial institutions with drive-thru lanes. (See § 410.)

Commercial day-care facilities. (See § 417.)

(Reserved)[2]

Drive-thru and/or fast-food restaurants. (See § 423.)

Dry cleaners and laundry stations (drop off and pick up only). (See § 424.)

Funeral homes. (See § 428.)

Hotels. (See § 435.)

Outdoor cafes. (See § 447.)

Forestry uses, subject to the requirements of § 326 of this chapter.

Offices.

Banks and similar financial institutions.

Restaurants and taverns (but not including drive-thru or fast-food restaurants or nightclubs).

Retail sale of goods and services (including auto parts stores, without installation, but excluding adult-related uses).

Hotels, motels and similar lodging facilities.

Retail sale of automobiles, boats, farm machinery, trailers, mobile homes, spas, and swimming pools (including service or repair facilities as an accessory use and if conducted within a completely enclosed building).

Theaters and auditoriums.

Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinetmaking, and other structural components of buildings.

Municipal services, public utilities and parks and playgrounds.

Dry cleaners, laundries and Laundromats.

Churches and related uses.

Health and fitness clubs.

Public, private and commercial schools.

Medical and dental clinics.

Animal shelters and veterinary offices with no animals kept outside.

Convenience stores.

Breweries, brew pubs and micro-breweries.

Accessory uses customarily incidental to the above permitted uses.

Recycling collection facilities as an accessory use, provided that such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, the facility is posted to prohibit the disposal of any material, good, or furnishing that cannot be placed within the actual recycling bin, and the total size of the facility is less than 300 square feet.[1]

Amusement arcades. (See § 405.)

Automobile filling stations (including minor incidental repair). (See § 408.)

Automobile service and repair facilities, 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. (See § 409.)

Billboards. (See § 412.)

Car washes. (See § 415.)

Commercial recreation facilities. (See § 419.)

Drive-thru and/or fast-food restaurants. (See § 423.)

Farmers', antiques and/or flea markets. (See § 427.)

Funeral homes. (See § 428.)

Heavy equipment sales, service, and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers, and other similar machinery. (See § 430.)

Home improvement and building supply stores. (See § 433.)

Mini-warehouses. (See § 442.)

Amusement, theme or zoo parks. (See § 406.)

Off-track betting parlors. (See § 446.)

Shopping centers involving any use permitted in this zone. (See § 453.)[2]

Front yard setback. All buildings, structures (except permitted signs), and outdoor loading areas shall be set back at least 40 feet from the street right-of-way; off-street parking lots and outdoor storage areas shall be set back a minimum of 10 feet from the street right-of-way.

Side yard setbacks. All buildings and structures (except permitted signs) shall be set back at least 20 feet from the side lot lines. Off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 10 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.

Rear yard setback. All buildings, structures, off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 20 feet from the rear lot line.

Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a fifty-foot setback, for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage areas, from the residentially zoned parcels. Such areas shall be used for a landscape strip and screen.

Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 314 of this chapter).

A minimum ten-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

Hospitals.

Medical residential campus.

Assisted living, intermediate care and skilled nursing facilities.

Medical and dental offices and clinics.

Outpatient health services, including but not limited to medical research and testing laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient care facilities.

Health and fitness clubs.

Commercial day-care centers.

Churches and related uses.

Municipal services, parks and playgrounds.

Public utility structures.

Banks.

Restaurants, excluding fast-food or drive-thru facilities.

Forestry uses, subject to the requirements of § 326 of this chapter.

Public, private and commercial schools.

Accessory buildings, uses and services customarily incidental to the above uses, including but not limited to the following:

Helistops. (See § 432.)

Incinerators and autoclaves. (See § 436.)

Front yard setback. All buildings, structures (except permitted signs), and outdoor loading areas shall be set back at least 40 feet from the street right-of-way; off-street parking lots and outdoor storage areas shall be set back a minimum of 10 feet from the street right-of-way.

Side yard setbacks. All buildings and structures (except permitted signs) shall be set back at least 20 feet from the side lot lines. Off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 10 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.

Rear yard setback. All buildings, structures, off-street parking lots, loading areas, and outdoor storage areas shall be set back at least 20 feet from the rear lot line.

Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a fifty-foot setback, for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage areas, from the residentially zoned parcels. Such areas shall be used for a landscape strip and screen.

Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 314 of this chapter.)

A minimum ten-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

Agricultural and horticultural uses, subject to the standards listed in § 200 of this chapter.

Forestry uses, subject to § 326 of this chapter.

Laboratories for medical, scientific, or industrial research and development.

Manufacturing, packaging, storage and/or wholesaling of the following:

Processing, packaging, storage and/or wholesaling of food products, excluding:

Sales, storage and/or wholesaling of the following:

Bookbinding, printing, and publishing operations.

Machine, tool and die, and metal fabrication shops.

Repair shops for products permitted to be manufactured in this zone.

Small engine repair shops.

Welding shops.

Sign makers.

Offices.

Municipal services, public utilities, and parks and playgrounds.

Agricultural support businesses, including:

Vocational and mechanical trade schools.

Commercial day-care facilities.

Clubhouses.

Animal shelters and veterinary offices with proper licensure.

(Reserved)[1]

Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced on-site so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less.

Recycling collection facilities as an accessory use, provided that such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, the facility is posted to prohibit the disposal of any material, good or furnishing that cannot be placed within the actual recycling bin, and the total size of the facility is less than 300 square feet.

Industrial convenience uses as listed below, provided that such uses are developed in a coordinated manner with shared access, shared off-street parking and shared signage and do not consume more than five acres of the zone within which they are located:

Automobile auctions and storage yards. (See § 407.)

Billboards. (See § 412.)

Communication towers and equipment that are not co-located upon an existing structure. (See § 420.)

Heavy equipment sales, service, and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers, and other similar machinery. (See § 430.)

Mini-warehouses. (See § 442.)

Recycling facilities for paper, plastic, glass and metal products. (See § 449.)

Warehousing and wholesale trade establishments. (See § 457.)

Junkyards. (See § 437.)

Truck or motor freight terminals. (See § 455.)[3]

Front yard setback. All buildings, structures (except permitted signs), off-street loading areas, dumpsters, and outdoor storage areas shall be set back at least 40 feet from the adjoining right-of-way. All parking lots shall be set back at least 20 feet from any adjoining right-of-way.

Side yard setbacks. All buildings, structures (except permitted signs), dumpsters, and off-street loading areas shall be set back at least 30 feet from any side property lines. All outdoor storage areas and off-street parking lots shall be set back at least 20 feet from any side lot lines, unless joint parking lots and/or loading areas are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.

Rear yard setback. All buildings, structures, dumpsters, and off-street loading areas shall be set back at least 35 feet from any rear property lines. All outdoor storage areas and off-street parking lots shall be set back at least 25 feet from any rear lot lines.

Residential buffer strip. Any use adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a seventy-five-foot setback, for buildings, structures, dumpsters, outdoor storage areas, and off-street loading areas, from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping. (See § 314.)

Accessory recreation uses. These facilities can be developed in any side or rear yard to within 50 feet of any property line.

Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 314 of this chapter.)

A minimum twenty-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

Any use permitted by right within the Industrial Limited Zone as listed in § 220, Subsection 2, of this chapter.

Natural gas processing plants.

Well pads for unconventional wells, meeting all of the applicable requirements of § 459.1.

Any use permitted by special exception within the Industrial Limited Zone as listed in § 220, Subsection 3, of this chapter.

Community solar energy system. (See § 461.)

Grid-scale solar energy system. (See § 461.)

Adult-related uses. (See § 403.)

Heavy industrial uses not permitted within the Industrial Limited Zone. (See § 431.)

Junkyards. (See § 437.)

Mass transportation depots. (See § 439.)

Methadone treatment facilities. (See § 440.)

Mining, quarrying and related processing operations. (See § 441.)

Principal waste-handling, recycling, processing and disposal facilities. (See § 448.)

Sawmills. (See § 450.)

Slaughtering, processing, rendering, and packaging of products and their by-products which are produced from the remains of animals. (See § 454.)

Truck or motor freight terminals. (See § 455.)

Warehousing and wholesale trade establishments. (See § 457.)[1]

Front yard setback. All buildings, structures (except permitted signs), off-street loading areas, dumpsters, outdoor storage areas, and parking lots shall be set back at least 20 feet from any adjoining right-of-way.

Side yard setbacks. All buildings, structures (except permitted signs), dumpsters, off-street loading areas, outdoor storage areas and off-street parking lots shall be set back at least 20 feet from any side lot lines, unless joint parking lots and/or loading areas are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.

Rear yard setback. All buildings, structures, dumpsters, off-street loading areas, outdoor storage areas and off-street parking lots shall be set back at least 25 feet from any rear lot lines.

Residential buffer strip. Any use adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a seventy-five-foot setback, for buildings, structures, dumpsters, outdoor storage areas, and off-street loading areas, from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping. (See § 314.)

Accessory recreation uses. These facilities can be developed in any side or rear yard to within 50 feet of any property line.

To combine with present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the City.

To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding.

To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood-prone areas and promoting safe and sanitary drainage.

To permit only those uses which can be appropriately located in the floodplain, as herein defined, and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above, or below their locations along the floodplains.

To provide sufficient drainage courses to carry abnormal flows or stormwater in periods of heavy precipitation.

To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.

To protect the entire City from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the City.

To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.

To provide areas for the temporary natural storage of floodwaters.

To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with the purpose and requirements of the National Flood Insurance Program, P.L. 93-234.

To comply with the federal and state floodplain management requirements.

Any area located in the former Township of Benzinger subject to the one-hundred-year flood, which is identified as a special flood hazard area, Zone A or Zone AE, on the Flood Insurance Map (FIRM) as issued by the Federal Emergency Management Agency (FEMA), dated January 18, 2012, or as may be revised by that agency or its successor.

In addition, the General Floodplain District (FA) shall be any area located in the former Borough of St. Marys subject to the one-hundred-year flood, which is identified as a special flood hazard area, Zone A, on the Flood Insurance Rate Map (FIRM), dated January 18, 2012, as issued by the Federal Insurance Administration, or as may be revised by that agency or its successor.

In lieu of §§ 230, Subsection 3A, B and C, the City may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Such study shall be signed, sealed and certified by a registered professional of the Commonwealth of Pennsylvania. Such certification shall acknowledge the accuracy of the study or survey and the qualification of the individual to perform such study or survey. Copies of such studies and surveys shall be submitted by the Zoning Officer to the City Engineer and the Federal Emergency Management Agency, who shall have 30 days to comment. Any property owner whose property is so studied shall pay all costs of these studies and surveys, except for work done under retainer to, or on behalf of, the City.

Description of floodplain areas. The identified floodplain area shall consist of the following specific areas:

Should a dispute concerning any boundary of the Floodplain Overlay Zone arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board in accordance with § 604, Subsection 6, of this chapter. The burden of proof in such an appeal shall be on the applicant, and all hearings and procedures shall follow the requirements of § 603 of this chapter.

All changes to the boundaries of the Floodplain Overlay Zone which affect areas identified in § 230, Subsection 3A, of this chapter are subject to the review and approval of the Federal Emergency Management Agency for compliance with the rules and regulations of the National Flood Insurance Program and Pennsylvania Act 166, the Pennsylvania Floodplain Management Act. Technical or scientific data shall be submitted by the applicant to the Federal Emergency Management Agency for a letter of map revision (LOMR) as soon as practicable but within six months of any new construction, development or other activity resulting in changes to the base flood elevation.

Cultivation and harvesting crops according to recognized soil conservation practices.

Pasture and grazing of livestock (excluding feedlots) according to recognized soil conservation practices, and further provided that such livestock shall not be confined to pastures or other enclosures located entirely within the Floodplain Overlay Zone.

Outdoor plant nurseries or orchards according to recognized soil conservation practices.

Wildlife sanctuaries, woodland preserves, arboretums and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding.

Game farms, fish hatcheries, or hunting and fishing reserves, for the protection and propagation of wildlife, but permitting no structures.

Forestry, lumbering and reforestation according to the requirements of § 326 of this chapter.

Front, side and rear yards and required lot area in any zone, provided that such yards are not to be used for on-site sewage disposal systems.

Normal accessory uses (excepting enclosed structures, freestanding satellite dish antennas, fences and aboveground swimming pools) permitted under the applicable zone district.

Recreational uses, whether open to the public or restricted to private use, such as parks, camps, picnic areas, golf courses, fishing areas, sport or boating clubs, not to include enclosed structures, excepting flood-proof toilet facilities, but permitting piers, docks, floats or unenclosed shelters usually found in developed outdoor recreational areas. Any flood-proof toilet facilities provided shall be connected to public water and sewerage systems.

Sewage treatment plants, outlet installations for sewage treatment plants and sewage pumping stations, with the approval of the City Engineer, appropriate sewer authorities and the Pennsylvania Department of Environmental Protection, when accompanied by documentation as to the necessity for locating within the boundaries of the Floodplain Overlay Zone.

Sealed public water supply wells, with the approval of the Pennsylvania Department of Environmental Protection.

Dams, culverts, bridges, and altered or relocated watercourses, with permits and/or approvals from the Pennsylvania Department of Environmental Protection, Pennsylvania Public Utility Commission, and/or United States Army Corps of Engineers. Furthermore, notification of such actions shall be provided to all affected adjoining municipalities, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development. The approval of a permit by any of the preceding state or federal agencies for one of the uses allowed by in this section shall in no way affect or conflict with the requirements imposed upon the use under the regulations of this Floodplain Overlay Zone.

Sanitary or storm sewers and impoundment basins, with the approval of the Pennsylvania Department of Environmental Protection.

New or substantially improved structures which will be used for the production or storage of any of the following materials or substances, or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the following materials or substances on the premises, are prohibited within Floodplain Overlay Zone:

Hospitals, nursing homes, jails, new manufactured home parks, and mobile home subdivisions, and substantial improvements to existing manufactured home parks and subdivisions are prohibited within Floodplain Overlay Zone.

No variance shall be granted for any of these uses or activities to locate in Floodplain Overlay Zones.

Continuation. All uses, structures or development lawfully existing in the Floodplain Overlay Zone on the effective date of this section which are not in conformity with the provisions of this chapter shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired, and floodproofed, except as prohibited by § 230, Subsections 9B and 9D(2), of this chapter. However, such nonconforming uses or structures may at any time be improved to comply with existing state or City health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions.

Abandonment. Nonconforming uses or structures which have been discontinued or vacated for 12 consecutive months shall be considered abandoned. Vacation of land or structures or the nonoperative status of the use normally carried on by the property shall be evidence of discontinuance. No abandoned use or structure may be reestablished, repaired, or reoccupied. The Council may require the removal of any abandoned nonconforming use or structure upon prior notice to the owner of the property on which an abandoned nonconforming use or structure exists. If the owner has not completely removed the abandoned use or structure within a reasonable amount of time, not to exceed nine months, the Council shall have the authority to cause the removal to be accomplished, the costs of such removal to be paid by the property owner.

Expansion and modification. A nonconforming use or structure shall not be expanded or modified in any manner which would increase or aggravate flooding or flood hazards. Nothing shall be done which would otherwise violate any of the provisions of this section. No nonconforming use or structure shall be expanded, enlarged, or altered in any way which increases its nonconformity with respect to height, area, yard, and other requirements established in other sections of this chapter nor in any way which causes it to occupy more space within the Floodplain Overlay Zone than was occupied by it on the effective date of this chapter.

Replacement and rebuilding.

Historic structures. The Zoning Hearing Board shall have the right to waive, as a special exception, any of the requirements of § 230, Subsections 9B and 9D(2), for any historic structure, as defined herein.

Special requirements for mobile homes.

Applicability. The standards included in this section are to be used, together with the provisions of all other sections and all other ordinances in force in the City, by the Zoning Officer and Zoning Hearing Board in their administration of this section. In order to prevent excessive damage to buildings and structures due to flooding conditions, the following provisions shall apply to all proposed construction or development occurring in any of the Floodplain Overlay Zones.

Regulations and reviews by other agencies.

Residential structures. Within any designated Floodplain Overlay Zone, the lowest floor (including basement) of any new or improved residential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation.

Nonresidential structures. Within any designated Floodplain Overlay Zone, the lowest floor (including basement) of any new or improved nonresidential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height. Any structure, or part thereof, which will not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Floodproofing Regulations" (U.S. Army Corps of Engineers, June 1972). A registered professional engineer or architect shall certify that the design, specifications, and plans for any nonresidential structure that is intended to be made watertight below the base flood elevation shall be substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and such certification, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be submitted to the Floodplain Administrator.

Anchoring.

Placement of buildings and structures.

Floors, walls and ceilings.

Electrical systems.

Plumbing.

Paints and adhesives.

Storage. No materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life shall be stored in a flood-prone area unless they are properly anchored and/or floodproofed to preclude their causing damage to life and property.

Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure drainage at all points along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.

Utilities. All utilities, such as gas lines, electrical and telephone systems, being placed in flood-prone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

No special exception shall be granted for any use except those specifically permitted by § 230, Subsection 7, of this chapter.

No special exception or variance shall be granted for any use, structure or development that would diminish the capacity of the channels or floodway of any stream, as defined herein, or raise the base flood elevation, unless specifically authorized by the Federal Emergency Management Agency.

In addition to the standards generally applicable to variances, variances shall only be granted upon:

Variances shall only be granted upon the determination that the variances are the minimum necessary to afford relief, considering the flood hazard. The applicant must also comply with any other conditions imposed by the Zoning Hearing Board.

Whenever a variance is granted, the Board shall notify the applicant, in writing, that:

In granting a special exception or variance, the Board shall require that all buildings and structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.

A complete record of all variance requests and actions, including justifications for granted variances, shall be maintained by the Board. The Board shall report such decisions in the annual report sent to the Federal Emergency Management Agency.

In hearing and deciding upon variances or special exceptions to this section, the burden of proof shall be on the applicant. The Zoning Hearing Board may require the applicant to submit such plans, specifications, and other information as it may deem necessary to assist in arriving at a fair and impartial determination. Such information shall be signed, sealed and certified by a registered professional of the Commonwealth of Pennsylvania. Such certification shall acknowledge the accuracy of the information and the qualification of the individual to provide such information. In addition to that information required by §§ 230, Subsection 11, and 701 of this chapter, such required information may include but is not limited to the following:

In hearing and deciding upon special exceptions, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this chapter and:

Supplemental technical review. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters, such as the adequacy of hydrologic and hydraulic analyses being performed in accordance with standard engineering practices.

The lawful granting of a permit or making of any administrative decision under this section shall not constitute a representation, guaranty, or warranty of any kind by the City of Saint Mary's, or by any official, agent, or employee thereof, of the practicability or safety of any structure, use, or other plan proposed with respect to damage from flood or otherwise and shall create no liability upon, or a cause of action against, such public body, official, agent, or employee for any flood damage that may result pursuant thereto or as a result of reliance on this section. Larger floods may occur or flood heights may be increased by man-made or natural causes such as ice jams or bridge openings restricted by debris. There is also no assurance that lands not included in the Floodplain Overlay Zone are now or ever will be free from flooding or flood damage.

This chapter shall not create liability on the part of the City of St. Marys or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Utility Runway Visual Approach Zone. The inner edge of this zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Utility Runway Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Runway Larger Than Utility Visual Approach Zones. The inner edge of this zone approach coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Runway Larger Than Utility With a Visibility Minimum Greater Than Three-Fourths Mile Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Runway Larger Than Utility With a Visibility Minimum As Low As Three-Fourths Mile Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designed utility or visual and 10,000 feet for all others from the center of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zones do not include the approach and transitional zones.

Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Utility Runway Non-Precision Instrument Approach Zone. Slopes 20 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Runway Larger Than Utility Visual Approach Zone. Slopes 20 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Runway Larger Than Utility With a Visibility Minimum Greater Than Three-Fourths Mile Non-Precision Instrument Approach Zone. Slopes 34 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.

Runway Larger Than Utility With a Visibility Minimum As Low As Three-Fourths Mile Non-Precision Instrument Approach Zone. Slopes 34 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.

Precision Instrument Runway Approach Zone. Slopes 50 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.

Transitional Zones. Slopes seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the primary surface and the approach surface, extending to a height of 150 feet above the airport elevation, which is 1,937 feet above mean sea level. In addition to the foregoing, when an airport has a precision instrument runway approach zone, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet, measured at 90° angles to the extended runway center line.

Horizontal Zone. Established at 150 feet above the established airport elevation, or at a height of 2,087 feet above mean sea level.

Conical Zone. Slopes 20 feet outward for each foot upward, beginning at the periphery of the horizontal surface and at 150 feet above the established airport elevation, and extending to a height of 350 feet above the airport elevation.

Expected height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 50 feet above the surface of the land.

Regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure or trees not conforming to the regulations as of the effective date of this chapter nor otherwise interfere with the continuance of any nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and which is diligently executed.

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon or nearby of such markers and lights as shall be deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the airport.

Future uses. Except as specifically provided in Subsection 6A, B or C hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created by this section unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with this section.

Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter, or any amendment thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this section.

Variances.

Marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this chapter and be reasonable in the circumstances, be so conditional as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Hearing Board, this condition may be modified to require the owner to permit the St. Marys Area Airport, at its own expense, to install, operate, and maintain the necessary markings and lights.