Swoyersville City Zoning Code
ARTICLE II
General Provisions
§ 93-2 Definitions reference.
Definitions for words or terms used in this chapter are given in Article XI, Terminology.
§ 93-3 Compliance required.
Except as hereinafter provided, no land, building, structure or premises shall hereafter be used, and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted, altered or moved except in conformity with the regulations herein specified for the district in which it is located. No yard space or minimum area for a building or use shall be considered as any part of the yard space or minimum area for another building or use.
§ 93-4 Accessory buildings in residence districts.
A.
No accessory building shall be erected in any required court or any yard other than a rear yard, except as provided hereafter. An accessory building may be erected as part of a principal building or, if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements of this chapter for a principal building are complied with.
B.
Corner lots in conservation and residence districts. In any conservation or residence district, where a corner lot adjoins in the rear a lot fronting on the side street, no part of any accessory building on such corner lot within 25 feet of the common lot line shall be nearer a side road lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot, and in no case shall any part of such accessory building be nearer to the side road lot line than the least width of the side yard required for the principal building to which it is accessory.
C.
Setbacks for accessory buildings. Accessory buildings shall be distant at least six feet from alley lines and at least three feet from lot lines of adjoining lots in a residence district; provided, however, that an accessory building may be constructed on a side or rear lot line, not an alley lot line, by common consent of the adjoining property owners concerned.
§ 93-5 Conversion of dwellings.
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces and off-street parking. Each conversion shall be subject, also, to such further requirements as may be specified hereinafter within the article applying to such district.
§ 93-6 Excavation of sand, gravel, coal or other minerals and rock and peat moss for sale.
A.
Excavations of sand, gravel, coal, stripping or other minerals, and rock and peat moss shall be considered a temporary use, and new excavations shall be permitted only in Conservation or Industrial Districts. All new excavations of materials listed above shall require the approval of the Board.
B.
In the case of coal mining, new excavations shall be defined as those specific limited areas not now operating under a state permit at the time this chapter becomes effective. For strip minings the area for same shall not exceed 10 acres, and the Board shall require such measures as will protect the public interest, including conformance with the following:
(1)
Map. Submission of a map which will outline the entire proposed area to be strip mined, said map to contain the surface features showing buildings, dwellings, churches, schools, railroads, highways and lot lines of public and semi-public uses within a distance of 500 feet from the perimeter of the proposed strip mining operation. In addition, said map will indicate the approximate or proposed depth of said strip mining operation.
(2)
Bond and backfilling. That a bond, in the sum of $2,500 per acre of land to be excavated, be filed with the Board, to guarantee the complete backfilling of any overburden removed, and to guarantee 50% of survival of all trees planted for a year's period in connection with the state law in Anthracite Strip Mining.[1] Backfilling is to restore the land to a usable condition. If, after complete backfilling of all overburden, the land is not approximately level with the unexcavated area, the slopes of the edge of the excavated area shall not be steeper than one foot of vertical distance for each 1 1/2 feet of horizontal distance. On sloping hillsides, the final grade of the stripped area shall range from 7% to 15%.
[1]
Editor's Note: See 52 P.S. § 681.1 et seq., the Anthracite Strip Mining and Conservation Act.
(3)
Insurance. That a certificate of insurance with limits of $100,000 per person and $300,000 per accident for personal injuries, and $300,000 for property damage, be filed with the Board, both for the benefit of all persons who might be injured or suffer property damage as a result of said mining operations, and to save the Swoyersville Borough and its officials harmless from any and all claims, suits or demands caused by the mining operations.
(4)
Supervision of blasting. The use of explosives for the purpose of blasting in connection with strip mining shall be done in accordance with regulations promulgated by and under the supervision of a representative of the Pennsylvania Department of Environmental Protection.
(5)
Distance provisions. The perimeter of any excavation under this section shall not be nearer than 200 feet from any building or road, except that owned by the excavator, or 200 feet from any, or any other, public or semipublic use.
(6)
Timing. Operations for drilling, blasting and excavating purposes shall occur only between the hours of 8:30 a.m. and 4:00 p.m., on either Eastern standard or Eastern daylight saving time, as the case may be, during each day, except Sunday. On Sunday, all operations shall cease.
(7)
Location of processing equipment. To reduce airborne dust, dirt and noise, all structures for sorting, crushing, grinding, loading, weighing, washing and other operations shall not be built closer than 300 feet from the right-of-way of any public highway, or 300 feet from the boundary of residential, commercial or light industrial districts.
(8)
Drainage. All excavations, both during operations and after completion, shall be adequately drained to prevent the formation of pools of water and reduce the seepage of water into underground mines, both for safety and to reduce formation of mine acid water polluting the streams and rivers. Prior to any excavation for stripping operations, a ditch shall be excavated on the outside of the proposed pit for the purpose of conveying the drainage from the watershed above the stripping pit to the regular creek channels to reduce seepage of surface water into underground mines.
(9)
Compliance with state requirements. Permits under the provisions of this section will not be issued until the required license or permit has been secured from the Department of Environmental Protection of the Commonwealth of Pennsylvania.
C.
In the case of quarries, sand and gravel pits, and peat moss bogs, the Board shall require conformance with the following:
(1)
Map. Submission of a map which will outline the entire area proposed to be excavated, said map to contain the surface features showing dwellings, churches, schools, railroads and highways and lot lines of public and semipublic uses, within a distance of 500 feet from the perimeter of any quarrying operation, and a distance of 300 feet from any sand and gravel pit or peat bog. In addition, said map will indicate the approximate or proposed depth of said excavating operation.
(2)
Slopes and drainage. After excavations are completed, the slopes of the edge of the excavated area of sand and gravel pits and peat bogs shall not be steeper than one foot of vertical distance for each 1 1/2 feet of horizontal distance. The surface of the area excavated shall be leveled and drained to the extent feasible.
(3)
Blasting. The use of explosives for the purpose of quarrying shall be done in accordance with the regulations promulgated by and under the supervision of a representative of the Pennsylvania Department of Environmental Protection.
(4)
Distance provisions. The perimeter of any excavation under this section shall not be nearer than 200 feet in the case of quarrying, 150 feet for sand and gravel pits and 100 feet in the case of peat bogs, from any building or road, except that owned by the excavator, or 200 feet from any, or any other, public or semipublic use.
(5)
Location of processing equipment. To reduce airborne dust, dirt and noise, all structures for sorting, crushing, grinding, loading, weighing, washing and other operations shall not be built closer than 300 feet from the right-of-way of any public highway, or 300 feet from the boundary of residential, commercial or light industrial districts.
§ 93-7 Nonconforming buildings and land.
A.
Except for nonconforming junkyards, any lawful use of any dwelling, building, structure or land existing at the effective date of this chapter may be continued, even though such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. No nonconforming building or structure shall be extended or enlarged, except when authorized by the Zoning Hearing Board, which may permit one enlargement or extension up to 25% of the floor area of the structure as it existed at the time of passage of this chapter.
B.
Whenever the use of a building shall become nonconforming through a change in the Zoning Ordinance or in the district boundaries, such use may be continued; and if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restricted classification.
C.
A nonconforming use of a building or portion thereof which is hereafter discontinued for a continuous period of one year shall not again be used, except in conformity with the regulations of the district in which such building is located.
D.
Except for residential structures as hereinafter provided, a nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 60% of its reproduction value at the time of damage, shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 60% of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of the damage, provided such repairs or reconstruction are completed within one year of the date of such damage. For residential structures nonconforming only as to yard spaces, in residential zones where most of the residential structures nearby are similarly nonconforming, the structure may be rebuilt similar to the yard spaces of the adjoining lots, or a majority of the lots in the particular block front.
E.
Nonconforming trailers or mobile homes located on a lot outside of a trailer park approved and licensed by the Borough in any district when once removed, shall not be relocated on such lot and shall not be replaced with another trailer or mobile home on such lot.
F.
Nonconforming junkyards in residential zoning districts shall be eliminated within a one-year period.
G.
The nonconforming use of land not involving any principal building or structure existing on the effective date of this chapter may be continued for a period of not more than three years; provided, however, that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this chapter.
§ 93-8 Pending applications for building permits or structures already begun.
Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approval and required permits have been granted, or where no approvals or permits are necessary, where construction has been legally started before the enactment of this chapter, and completed within a one-year period.
§ 93-9 Rear dwelling and easements required therewith.
In all districts except the industrial districts, no building in the rear of a principal building on the same lot shall be used for residence purposes unless it conforms to the open space requirements of this chapter. For the purpose of determining the front yard in such case, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there must be provided, for any such rear dwelling, an unoccupied and unobstructed accessway not less than 15 feet wide to a road, and there shall not be more than one dwelling, housing not more than two families for each such easement, except that a common easement of access at least 40 feet wide may be provided for two or more dwellings, housing any number of families.
§ 93-10 Road frontage required.
No lot shall contain any dwelling unless it abuts at least 20 feet on a public street, or unless it conforms to the easement of access required in § 93-9 of this article.
§ 93-11 Traffic visibility across corner lots.
On any corner lot in any district, no fence, structure, planting or any other obstruction shall be erected or maintained within 15 feet in B-1 and B-2 Districts, and 20 feet of the corner in all other districts, so as to interfere with traffic visibility across the corner, except for single poles for signs or utilities, which do not have to set back.
§ 93-12 Certain buildings and land uses excepted.
A.
Public or semi-public uses. Nothing in this chapter shall prohibit the erection, construction, alteration or maintenance of essential services by public utilities, or the Borough of Swoyersville or other governmental agencies, and no zoning certificate shall be required for any such structure; provided, however, that the provisions of this subsection shall not apply to buildings, towers or storage yards of such public utilities, except when conforming to the procedure specified by Pennsylvania Municipalities Planning Code, Article VI, Section 619.[1]
[1]
Editor's Note: See 53 P.S. § 10619.
§ 93-13 Time limitation.
No zoning permit for construction, erection or alteration of any building or structure or part thereof, or for signs or outdoor advertisements or part thereof, shall be valid for more than one year unless work at the site has commenced within such period.
§ 93-14 Notice of starting work.
The Zoning Officer shall be given at least 24 hours' notice by owner or applicant prior to commencement of work at site under zoning permits.