Williamsport City Zoning Code
TITLE THREE
ZONING ADMINISTRATION
§ 1311.01 DEFINITIONS GENERALLY.
In this Zoning Ordinance, unless the context otherwise requires, the following expressions have the meanings herein indicated. Words used in the present tense include the future. The singular number includes the plural and vice versa. The word “shall” is mandatory, not directory. The word “may” is permissive. The words “used” or “occupied” include the words “intended, designed or arranged to be used or occupied”. The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
(Ord. 5745, approved 4-16-1998)
§ 1311.02 ABANDONMENT.
ABANDONMENT means the visible or otherwise apparent intention of an owner to discontinue a non-conforming use of a building or premises or the removal of the characteristic equipment or furnishings used in the performance of a non-conforming use without their replacement by similar equipment or furnishings or the replacement of the non-conforming use or structure or the change of a non-conforming use of a building or premises by the Zoning Hearing Board.
(Ord. 5745, approved 4-16-1998)
§ 1311.03 ABUSED PERSON SHELTER.
A non-profit residential use in which rooms are provided to serve as a temporary safe and supportive environment for persons who, because of actual or threatened physical or mental abuse, are forced to leave their previous living arrangement. Such facilities shall be designed to provide in-house living for persons only until a safe, permanent living arrangement can be obtained.
(Ord. 5745, approved 4-16-1998)
§ 1311.030 ACCESSORY USES.
ACCESSORY USE means a use on the same lot as the principal use serving a purpose incidental to such principal use.
(Ord. 5745, approved 4-16-1998)
§ 1311.031 ACCESSORY BUILDING OR STRUCTURE.
ACCESSORY BUILDING OR STRUCTURE means a subordinate structure, the use of which is that of a principal structure on the same lot.
(Ord. 5745, approved 4-16-1998)
§ 1311.032 ACCESSORY OFF-STREET PARKING.
ACCESSORY OFF-STREET PARKING means off-street parking (parking lots, parking decks and/or parking garages) incidental to permitted uses on the same lot or within 300 feet for multi-family residences and 500 feet for non-residential uses; provided that, such parking is within the same zoning district as the principal use.
(Ord. 5745, approved 4-16-1998)
§ 1311.04 NON-ACCESSORY PARKING.
NON-ACCESSORY PARKING means parking areas that do not meet the definition of accessory off-street parking.
(Ord. 5745, approved 4-16-1998)
§ 1311.05 ADULT DAY CARE CENTER.
(a) A use providing state-licensed supervised care to persons:
(1) Who are primarily over age 60; and
(2) Who need daily assistance because of their physical health, Alzheimer disease, developmental handicap and/or physical handicap.
(b) (1) This use shall not include persons who need oversight because of behavior that is criminal or violent.
(2) This use may involve occasional overnight stays, but shall not primarily be a residential use.
(3) The use shall involve typical stays of less than a total of 60 hours per week per person.
(Ord. 5745, approved 4-16-1998)
§ 1311.06 ADULT USE.
This term shall only include the following uses: adult store; adult theater; massage parlor; or adult live entertainment use. The term
ADULT USE shall be considered a distinct and separate use, and shall not be permitted as any other use (including, but not limited to, retail sales, personal services or a club).
(a) ADULT STORE. A commercial use or club with a total of more than 50 square feet of floor area used for the display, sale or rent of books, films, magazines or videotapes and/or for showing of coin- or token-operated films or video tapes which are distinguished or characterized by a clear emphasis on manner depicting or describing uncovered male or female genitals or “specified sexual activities”.
(b) ADULT LIVE ENTERTAINMENT FACILITY. A use including live entertainment involving persons displaying uncovered male or female genitals or nude or almost nude female breasts that is related to some form of monetary compensation paid to a person, business or organization operating the use or to persons involved in such activity.
(c) ADULT THEATER. A use involving the presentation to five or more persons at one time in a room of films, videotapes or images distinguished or characterized by an emphasis on depiction of “specified sexual activities” for observation by patrons therein and that is related to some form of monetary compensation by the persons viewing such matter.
(d) MASSAGE PARLOR. An establishment that meets all of the following standards:
(1) Manipulative exercises are conducted in return for monetary compensation on one person by another person who is not a “relative” or a state-licensed health care professional or a person certified by the state or a national association as a massage therapist;
(2) Massages are not conducted within a licensed hospital, nursing home, personal care center or office of a state-licensed health care professional;
(3) Massages are conducted within private rooms; and
(4) The use is not clearly a customary accessory use to a permitted exercise club or to a high school or college athletic program.
(Ord. 5745, approved 4-16-1998)
§ 1311.07 AFTER HOURS CLUB.
A commercial use or membership club that permits the consumption of alcohol and is routinely open between the hours of 2:00 a.m. to 4:00 a.m., in addition to any other hours. See 18 Pa.C.S. § 7327 which generally prohibits this use.
(Ord. 5745, approved 4-16-1998)
§ 1311.08 ALLEY.
ALLEY means a minor right-of-way used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
(Ord. 5745, approved 4-16-1998)
§ 1311.09 ALTERATION.
ALTERATION means any construction resulting in a change in the structural parts or in the height, number of stories, size or location of a building or structure.
(Ord. 5745, approved 4-16-1998)
§ 1311.10 AUTOMOTIVE CAR WASH.
AUTOMOTIVE CAR WASH means a structure or premises used primarily for washing vehicles using automatic and/or mechanical equipment of any type including, but not limited to, coin-actuated apparatus.
(Ord. 5745, approved 4-16-1998)
§ 1311.11 AUTOMOTIVE SERVICE STATION.
AUTOMOTIVE SERVICE STATION means a premises used primarily for: the retail sale of motor fuel and supplying incidental services such as minor maintenance, lubrication and washing of vehicles; the sale, installation or minor repair of tires, batteries or other vehicle accessories; and the supplying of incidental motorists needs.
(Ord. 5745, approved 4-16-1998)
§ 1311.111 BASE FLOOD.
BASE FLOOD means a flood which has a 1% chance of being equaled or exceeded in any given year. (Also called the 100-YEAR FLOOD or 1% ANNUAL CHANCE FLOOD.)
(Ord. 6253, approved 2-6-2014)
§ 1311.112 BASE FLOOD DISCHARGE.
BASE FLOOD DISCHARGE means the volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
(Ord. 6253, approved 2-6-2014)
§ 1311.113 BASE FLOOD ELEVATION (BFE).
BASE FLOOD ELEVATION (BFE) means the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
(Ord. 6253, approved 2-6-2014)
§ 1311.12 BASEMENT.
BASEMENT means any floor level below the first story in a building; except that, a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story herein.
(Ord. 5745, approved 4-16-1998; Ord. 6253, approved 2-6-2014)
§ 1311.13 BED AND BREAKFAST INN.
The use of an existing detached building and/or accessory building for the rental of overnight sleeping accommodations to transient visitors to the area, and the provision of one or more meals a day to overnight guests, and which meets all of the requirements for such use stated in Art. 1333.
(Ord. 5745, approved 4-16-1998)
§ 1311.131 BLOCK FACE.
BLOCK FACE means the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets; or nearest intersecting or intercepting street and any of the following: railroad right-of-way; unimproved land; watercourse; or city boundary.
(Ord. 5910, approved 2-6-2003)
§ 1311.14 BUILDING.
BUILDING means any structure enclosed and isolated by exterior walls and roof, constructed or used for residential, business, industrial or other public or private purposes or accessory thereto. Where the context allows, the word BUILDING shall be construed as though followed by the words “or part or parts thereof”.
(Ord. 5745, approved 4-16-1998)
§ 1311.15 BUILDING, PRINCIPAL.
PRINCIPAL BUILDING means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any structure containing a dwelling unit shall be deemed to be the principal building on the lot on which such building is situated.
(Ord. 5745, approved 4-16-1998)
§ 1311.16 BUILDING AREA.
BUILDING AREA means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
(Ord. 5745, approved 4-16-1998)
§ 1311.17 RESERVED.
(Ord. 5745, approved 4-16-1998)
§ 1311.18 BUILDING HEIGHT.
BUILDING HEIGHT means the vertical distance measured from the average level of the highest and lowest portion of the building site covered by the building to the highest point of the roof adjacent to the front wall for flat roofs, or to the deck line of mansard roofs, or to the mean height between eaves and ridge for gabled, hipped or gambrel roofs.
(Ord. 5745, approved 4-16-1998)
§ 1311.19 BUILDING LINE.
BUILDING LINE means the line across a lot establishing the minimum open space to be provided between the street line and the rear line of the minimum front yard.
(Ord. 5745, approved 4-16-1998)
§ 1311.20 COMMERCIAL COMMUNICATIONS ANTENNAS.
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals.
COMMERCIAL COMMUNICATIONS TOWERS include, but are not limited to, antenna used for transmitting commercial radio or television signals or cellular telephone communications, but shall be distinct from the use entitled ANTENNA.
(Ord. 5745, approved 4-16-1998)
§ 1311.201 COMPLETELY DRY FLOOD-PROOFING.
COMPLETELY DRY FLOOD-PROOFING means a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
(Ord. 5946, approved 3-11-2004)
§ 1311.21 COMPREHENSIVE PLAN.
COMPREHENSIVE PLAN means the complete plan for the continuing development and redevelopment of the City of Williamsport as recommended by the Planning Commission and currently adopted by Council.
(Ord. 5745, approved 4-16-1998)
§ 1311.22 CONDITIONAL USE.
CONDITIONAL USE means a use which may be permitted in one or more zoning districts upon the recommendation of the Planning Commission to Council who may grant approval pursuant to applicable standards and criteria expressed in this Zoning Ordinance, the City Subdivision and Land Development Regulations (Art. 1371 et seq.) and other applicable regulations.
(Ord. 5745, approved 4-16-1998)
§ 1311.221 CRIMINAL HOUSING FACILITY.
(a) CRIMINAL HOUSING FACILITY means a use (other than a “prison” or a “treatment center” as otherwise defined in this part) providing housing facilities for persons who require restricted or specialized housing because of their status as:
(1) Inmates under sentence;
(2) Inmates in pre-release status;
(3) Parolees; and
(4) Court-adjudicated juveniles.
(b) Such restricted or specialized housing shall include such uses as criminal rehabilitation facilities, criminal half-way houses, criminal transitional living facilities, criminal pre-release centers, community corrections housing facilities and juvenile facilities, but this definition excludes any uses otherwise specifically defined in this part, including housing facilities for persons convicted of driving under the influence of alcohol as defined under “treatment center”.
(Ord. 5825, approved 8-3-2000)
§ 1311.23 DAY CARE, CHILD.
A use involving the state-licensed supervised care of children under age 16 outside of the children’s own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state required education, including a “nursery school”.
(Ord. 5745, approved 4-16-1998)
§ 1311.24 DEVELOPMENT.
DEVELOPMENT means any human-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
(Ord. 5946, approved 3-11-2004)
§ 1311.25 DORMITORY.
Residential facilities that are only inhabited by teaching faculty and/or bona fide full-time students of an accredited college, university or medical training facility or state-licensed teaching hospital, or to an accredited public or private primary or secondary school, and which are owned and operated by such principal use to which the dormitory serves. Lawful dwelling units may be regulated as dwelling units instead of as
DORMITORIES.
(Ord. 5745, approved 4-16-1998)
§ 1311.26 DRIVE-IN RESTAURANT.
DRIVE-IN RESTAURANT means a retail establishment offering prepared foods packaged in a manner providing a choice of consuming such food either on or off the premises and whose primary style of service is stand-up counter, window or in car.
(Ord. 5745, approved 4-16-1998)
§ 1311.27 DWELLING.
DWELLING means a building which is designed or used as the living quarters for one or more families or individuals.
(Ord. 5745, approved 4-16-1998)
§ 1311.28 DWELLING UNIT.
(a) DWELLING UNIT.
(1) A single habitable living unit occupied by only one “family”. (See definition of “family”.) Each dwelling unit shall have:
(A) Its own toilet, bath or shower, sink, sleeping and cooking facilities; and
(B) Separate access to the outside or to a common hallway or balcony that connects to outside access at ground level.
(2) No dwelling unit shall include a separate living area that is completely separated by interior walls so as to prevent interior access from the remainder of the living area.
(b) DWELLING, MULTI-FAMILY. A building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other with their own cooking, sanitary and sleeping facilities.
(c) DWELLING, ONE-FAMILY DETACHED. A wholly detached building containing one dwelling unit only and occupied or intended to be occupied exclusively for residence purposes by one family.
(d) DWELLING, ONE-FAMILY ATTACHED.
(1) A building containing one dwelling unit only, occupied or intended to be occupied exclusively for residence purposes by one family, and having a portion of one or two walls in common with adjoining dwellings.
(2) Each dwelling unit may have one or more stories, but nothing in this definition shall be construed to allow one dwelling unit over the other.
(e) DWELLING, TWO-FAMILY. A building containing two dwelling units only and intended for residential occupancy by two families each living independently of each other and each with its own separate sleeping, cooking and sanitary facilities.
(Ord. 5745, approved 4-16-1998)
§ 1311.29 EASEMENT.
EASEMENT means a grant of the right to use a portion of a parcel of land for specified purposes to the public, a corporation, a utility or persons.
(Ord. 5745, approved 4-16-1998)
§ 1311.291 EXPRESSWAY.
EXPRESSWAY means a high speed four-lane divided highway.
(Ord. 5802, approved 3-2-2000)
§ 1311.292 ESSENTIALLY DRY FLOOD-PROOFING.
ESSENTIALLY DRY FLOOD-PROOFING means a space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
(Ord. 5946, approved 3-11-2004)
§ 1311.293 ELEVATION CERTIFICATE.
ELEVATION CERTIFICATE means a certificate prepared by a registered professional engineer, land surveyor or architect that certifies the precise elevation of the first floor, including basement, of a building or enclosed structure situated within an identified floodplain area, used for the purpose of determining compliance with the terms of this part and the appropriate rate to apply to an application for flood insurance.
(Ord. 6253, approved 2-6-2014)
§ 1311.294 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
(Ord. 6253, approved 2-6-2014)
§ 1311.295 EXPANSION TO AN EXISTING MOBILE HOME PARK OR SUBDIVISION.
EXPANSION TO AN EXISTING MOBILE HOME PARK OR SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
(Ord. 6253, approved 2-6-2014)
§ 1311.30 FAMILY.
One or more persons living in a single dwelling unit and functioning as a common household unit sharing household expenses and sharing joint use of the entire dwelling unit. A
FAMILY shall not include more than three persons who are not “related” to each other (see definition). See “group home” provisions which may allow a higher number of unrelated persons. A “treatment center” shall not be considered a FAMILY or a “group home”. See also the definition of a “dwelling unit”.
(Ord. 5745, approved 4-16-1998)
§ 1311.31 FLOOD.
See
BASE FLOOD.
(Ord. 5745, approved 4-16-1998; Ord. 6253, approved 2-6-2014)
§ 1311.32 FLOOD FRINGE.
FLOOD FRINGE means that portion of the floodplain outside the floodway where 100-year flood elevations are delineated.
(Ord. 5745, approved 4-16-1998)
§ 1311.321 FLOOD INSURANCE RATE MAP (FIRM).
FLOOD INSURANCE RATE MAP (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(Ord. 6253, approved 2-6-2014)
§ 1311.322 FLOOD INSURANCE STUDY (FIS).
FLOOD INSURANCE STUDY (FIS) means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map and the water surface elevation of the base flood.
(Ord. 6253, approved 2-6-2014)
§ 1311.323 FLOOD-PROOFING.
FLOOD-PROOFING means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(Ord. 6253, approved 2-6-2014)
§ 1311.33 FLOODPLAIN.
FLOODPLAIN means a relatively flat or low land area adjoining a river, stream or water course which is subject to partial or complete inundation; or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
(Ord. 5745, approved 4-16-1998)
§ 1311.34 FLOODWAY.
FLOODWAY means the channel of a river or watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point.
(Ord. 5745, approved 4-16-1998; Ord. 6253, approved 2-6-2014)
§ 1311.35 FLOOR AREA OR GROSS FLOOR AREA.
FLOOR AREA or GROSS FLOOR AREA means the sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor area in accessory buildings or in the principal building intended and designed for the parking of motor vehicles to meet the requirements of this Zoning Ordinance or any floor area intended and designed for accessory heating and ventilating equipment.
(Ord. 5745, approved 4-16-1998)
§ 1311.36 FLOOR AREA, HABITABLE.
HABITABLE FLOOR AREA means enclosed floor space arranged for living, eating and sleeping purposes, but does not include bath or toilet rooms, laundries, pantries, closets, storage spaces, foyers or communicating corridors.
(Ord. 5745, approved 4-16-1998)
§ 1311.37 FLOOR AREA RATIO.
FLOOR AREA RATIO means the ratio of the gross floor area of the principal building(s) to the total lot area.
(Ord. 5745, approved 4-16-1998)
§ 1311.38 FRATERNITY OR SORORITY.
A type of boarding house used and occupied by a formal, legally incorporated cooperative organization (with each full member having a vote in the operations of the organization) of full-time college or university students. Such use may contain residential facilities for members and social and eating facilities for members and occasional guests.
(Ord. 5745, approved 4-16-1998)
§ 1311.39 GARAGE, PRIVATE.
PRIVATE GARAGE means a detached building or a portion of a principal building permitted as an accessory to a permitted use for the private use of an owner or tenant for the storage of automobiles.
(Ord. 5745, approved 4-16-1998)
§ 1311.40 GARAGE, REPAIR.
REPAIR GARAGE means a building used primarily for making major repairs to motor vehicles, including overhauling, body work, refinishing and upholstering, as well as incidental servicing.
(Ord. 5745, approved 4-16-1998)
§ 1311.41 GARAGE OR LOT, COMMERCIAL PARKING.
COMMERCIAL PARKING GARAGE OR LOT means an open-air lot or a structure used principally for parking or storing motor vehicles for specified time periods or on a rental basis, including minor repairing incidental to parking, but not including the parking of commercial or public utility vehicles or the dead storage of motor vehicles.
(Ord. 5745, approved 4-16-1998)
§ 1311.42 GARAGE SALE.
The accessory use of a non-commercial lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character.
(Ord. 5745, approved 4-16-1998)
§ 1311.43 GLARE.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus.
(Ord. 5745, approved 4-16-1998)
§ 1311.44 GROUP HOME.
The use of any lawful dwelling unit which meets all of the following criteria:
(a) Involves the care of the maximum number of persons permitted by the “group home” standards of Art. 1341, and meets all other standards of such section;
(b) Involves persons functioning as a common household;
(c) Involves providing non-routine support services and oversight to persons who need such assistance to properly function in society primarily because of physical disability, old age, mental retardation or another condition that the applicant proves meets the applicable definition of “handicap” or “disability” as defined by the Federal Fair Housing Act amendments and the Americans With Disabilities Act, as amended; and
(d) Does not meet the definition of a “treatment center”.
(Ord. 5745, approved 4-16-1998)
§ 1311.441 HISTORIC STRUCTURE.
HISTORIC STRUCTURE means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.
(Ord. 5946, approved 3-11-2004)
§ 1311.45 HOME OCCUPATION.
HOME OCCUPATION means a customary accessory use which is carried on by a member(s) of the resident family clearly incidental to the principal residential use; provided, no external alterations or structural changes not customary to a dwelling area are required; the occupation does not produce offensive noise, vibration, heat, dust or other objectionable conditions; no outside storage is required; and there is little contact with the general public.
(a) A home occupation shall include, among other activities: fine arts and crafts studios; dressmaking; tutoring not more than two pupils at a time or, in the case of music instruction, only one pupil at a time; and haircutting/styling providing only one chair is utilized and the only employees are those residing on the premises.
(b) No goods shall be publicly displayed. The only outdoor display or sign shall be a home occupation sign permitted by § 1333.05. The only retail sales that shall be permitted on the premises shall be products primarily produced on the premises. Commercial stables and kennels shall not he considered home occupations.
(c) See regulations in § 1333.05 under “accessory uses”.
(d) If a dwelling is only utilized by the residents of the dwelling for routine, customary and accessory office type uses (such as clerical and computer work), with no outside employees working on-site, and without the need for truck deliveries to the site on a routine basis, and with a maximum of one commercial truck being based at the dwelling and without the need for persons to routinely visit the site for business purposes, such activity shall be permitted by right in any dwelling, and shall not need to meet the requirements for a
HOME OCCUPATION. However, the operators of such activity shall still obtain a city business license, if applicable.
(e) The Zoning Hearing Board shall have the authority to determine if a proposal would be an acceptable home occupation.
(Ord. 5745, approved 4-16-1998)
§ 1311.46 HOSPITAL.
A use involving the diagnosis, treatment or other medical or hospice care of humans that includes, but is not limited to, care requiring stays overnight. A
HOSPITAL may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A HOSPITAL may also involve medical research and training for health care professions.
(Ord. 5745, approved 4-16-1998)
§ 1311.47 HOTEL OR MOTEL.
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 “boarding house” and shall meet the requirements of that use. A
HOTEL or MOTEL may be combined with other commercial uses if the requirements for such uses are also met.
(Ord. 5745, approved 4-16-1998)
§ 1311.48 JUNK.
Discarded, unusable, scrap or abandoned manmade materials, such as metals, furniture, pipes, appliances, motor vehicle parts, machinery, containers and building materials.
JUNK shall not include solid waste that is stored in an appropriate container while awaiting imminent collection, disposal or recycling.
(Ord. 5745, approved 4-16-1998)
§ 1311.49 JUNK VEHICLE.
A motor vehicle or trailer located outside of an enclosed building that meets any of the following conditions:
(a) Does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker (except for licensed antique cars not required to have an inspection sticker), (licenses or inspection stickers that expired less than 90 days ago shall be considered current for the purposes of this section);
(b) Has been demolished beyond repair; and/or
(c) Involves axles, body and/or chassis that have been separated.
(Ord. 5745, approved 4-16-1998)
§ 1311.50 KENNEL.
The keeping of 20 or more total dogs or cats over three months of age on a lot or within a dwelling unit, other than within a permitted retail pet store.
(Ord. 5745, approved 4-16-1998)
§ 1311.51 LODGES, FRATERNAL AND SOCIAL ORGANIZATIONS.
A facility that meets the following standards:
(a) Is used by a recreational, civic, social, fraternal, religious, political or labor union association for meetings and routine recreation that are limited to bona fide members and their occasional guests. and persons specifically invited to special celebrations;
(b) Is not routinely open to members of the general public;
(c) Is not operated as a for profit business;
(d) Shall not include a target range for outdoor shooting, boarding house, a tavern or a restaurant unless the requirements for such use are also met. See also “After Hours Club” in this article.
(Ord. 5745, approved 4-16-1998)
§ 1311.52 LOT OR ZONING LOT.
A separate parcel of land that is recorded or that will be recorded after city final subdivision approval in the office of the County Recorder of Deeds. A parcel under common ownership that is completely separated into two parts by a public street shall be considered to be one tract, but two lots.
(Ord. 5745, approved 4-16-1998)
§ 1311.53 LOT AREA.
LOT AREA means the computed area contained within the lot lines, excluding space within existing street and alley rights-of-way, but including the area of all easements.
(Ord. 5745, approved 4-16-1998)
§ 1311.54 LOT DEPTH.
LOT DEPTH means the mean horizontal distance between the front and rear lot lines.
(Ord. 5745, approved 4-16-1998)
§ 1311.55 LOT LINE.
LOT LINE means the line separating the lot in the front, rear or on either side from an adjacent street, alley or lot. The STREET LOT LINE may be referred to as the STREET LINE.
(Ord. 5745, approved 4-16-1998)
§ 1311.56 LOT WIDTH.
LOT WIDTH means the distance measured between the side lot lines at the required building setback line.
(Ord. 5745, approved 4-16-1998)
§ 1311.57 LOT, CORNER.
CORNER LOT means a lot which occupies the interior angle at the intersection of two street lines which make an angle of less than 135 degrees. The street line forming the least frontage shall be deemed the front of the plot, except where the two street lines are equal, in which case the owner shall be required to specify the front when requesting a building permit.
(Ord. 5745, approved 4-16-1998)
§ 1311.58 LOT, INTERIOR.
INTERIOR LOT means a lot other than a corner lot, with only one frontage on a street other than an alley.
(Ord. 5745, approved 4-16-1998)
§ 1311.59 LOT, THROUGH.
THROUGH LOT means a lot other than a corner lot, with frontage on more than one street other than an alley.
(Ord. 5745, approved 4-16-1998)
§ 1311.591 LOWEST FLOOR.
LOWEST FLOOR means the lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the LOWEST FLOOR of a building; provided that, such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this ordinance.
(Ord. 5946, approved 3-11-2004)
§ 1311.60 MOBILE/MANUFACTURED HOME.
MOBILE/MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
(Ord. 5745, approved 4-16-1998; Ord. 6253, approved 2-6-2014)
§ 1311.601 MANUFACTURED HOME PARK OR SUBDIVISION.
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(Ord. 5745, approved 4-16-1998; Ord. 6253, approved 2-6-2014)
§ 1311.61 MOTEL OR HOTEL.
See
HOTEL OR MOTEL in this chapter.
(Ord. 5745, approved 4-16-1998)
§ 1311.62 MUNICIPALITIES PLANNING CODE OR STATE PLANNING CODE.
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, and further amended.
(Ord. 5745, approved 4-16-1998)
§ 1311.621 NEW CONSTRUCTION.
NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after 12-1-1977, and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued; provided, the start of construction was within 180 days of permit issuance.
(Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)
§ 1311.622 NEW MOBILE HOME PARK OR SUBDIVISION.
NEW MOBILE HOME PARK OR SUBDIVISION means a mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, either final site grading or the pouring of concrete pads) was completed on or after the effective date of these floodplain management regulations adopted by a community, 5-10-1977, the effective date of the city’s first Floodplain Management Ordinance.
(Ord. 6253, approved 2-6-2014)
§ 1311.63 NON-CONFORMING LOT.
NON-CONFORMING LOT means a lot that does not conform in lot width or lot area, but which lot was in existence at the time such width or area regulation became effective and was lawful at the time it was established.
(Ord. 5745, approved 4-16-1998)
§ 1311.64 NON-CONFORMING STRUCTURE.
NON-CONFORMING STRUCTURE means a legally existing structure, including any sign, that does not conform to a dimensional regulation prescribed by this Zoning Ordinance for the district in which it is located, but was in existence at the time the regulation became effective or was a variance properly granted by the Zoning Hearing Board.
(Ord. 5745, approved 4-16-1998)
§ 1311.65 NON-CONFORMING USE.
NON-CONFORMING USE means a legally existing use of a lot or structure, including accessory uses, which would not be permitted in the applicable district under the current provisions of this Zoning Ordinance, as amended.
(Ord. 5745, approved 4-16-1998)
§ 1311.66 NURSING HOME.
NURSING HOME means a licensed establishment which provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill, nor surgical, nor obstetrical services shall be provided in a NURSING HOME. A hospital or sanitarium shall not be considered to be included in this definition.
(Ord. 5745, approved 4-16-1998)
§ 1311.67 OCCUPANCY PERMIT.
OCCUPANCY PERMIT means a permit stating that all work indicated on the zoning permit and/or building permit has been satisfactorily completed and the building or lot may be occupied.
(Ord. 5745, approved 4-16-1998)
§ 1311.68 ONE-HUNDRED YEAR FLOOD.
ONE-HUNDRED YEAR FLOOD means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
(Ord. 5745, approved 4-16-1998)
§ 1311.69 ORDINANCE, THIS.
The City of Williamsport Zoning Ordinance, including the Official Zoning Map, as amended.
(Ord. 5745, approved 4-16-1998)
§ 1311.70 OWNER.
OWNER means the owner of record of real property as shown on the latest tax records of Lycoming County or any individual, firm, trust, partnership, corporation, cooperative association or any other legal entity having sufficient proprietary interest in the lot upon which a zoning permit is sought on the land to be subdivided or otherwise developed.
(Ord. 5745, approved 4-16-1998)
§ 1311.701 PERSON.
PERSON means an individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
(Ord. 6253, approved 2-6-2014)
§ 1311.71 PERSONAL CARE HOME OR CENTER.
A residential use providing residential and support services primarily to persons who are over age 60, physically handicapped and/or the developmentally disabled and that is licensed as a
PERSONAL CARE CENTER by the Commonwealth of Pennsylvania and that does not meet the definition of a “treatment center”. Unless otherwise stated, a PERSONAL CARE CENTER shall be regulated and permitted by this ordinance in the same manner as a nursing home.
(Ord. 5745, approved 4-16-1998)
§ 1311.72 PLACES OF WORSHIP OR CHURCH.
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for non-profit and non-commercial purposes. A
PLACE OF WORSHIP may include one dwelling unit as an accessory use to house full-time religious leaders and their immediate families. If a religious use is primarily residential in nature, it shall be regulated under the appropriate “dwelling type”.
(Ord. 5745, approved 4-16-1998)
§ 1311.73 PLANNED RESIDENTIAL DEVELOPMENT.
PLANNED RESIDENTIAL DEVELOPMENT means an area of land controlled by a landowner, to be developed as a single entity for a specified number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, lot coverage and required open space to the regulations established in any one residential district.
(Ord. 5745, approved 4-16-1998)
§ 1311.74 PLANNING COMMISSION.
PLANNING COMMISSION means the Planning Commission of the City of Williamsport.
(Ord. 5745, approved 4-16-1998)
§ 1311.741 POST-FIRM STRUCTURE.
POST-FIRM STRUCTURE means a structure for which construction or substantial improvements occurred after 12-1-1977, the effective date of the city’s initial Flood Insurance Rate Map (FIRM), and, as such, is required to be compliant with the regulations of the National Flood Insurance Program.
(Ord. 6253, approved 2-6-2014)
§ 1311.742 PRE-FIRM STRUCTURE.
PRE-FIRM STRUCTURE means a structure for which construction or substantial improvements occurred on or after 12-1-1977, the effective date of the city’s first floodplain management ordinance, and, as such, is not required to be compliant with the regulations of the National Flood Insurance Program.
(Ord. 6253, approved 2-6-2014)
§ 1311.75 PRINCIPAL USE.
PRINCIPAL USE means one of the uses listed in the table of use regulations other than accessory uses. Separate zoning permits are required for each principal use.
(a) See § 1311.75 concerning a new principal building that will result in two or more principal uses on a lot.
(b) See § 1323.02(b) concerning an existing lot with two or more existing principal buildings.
(Ord. 5745, approved 4-16-1998)
§ 1311.76 PROFESSIONAL OFFICE.
PROFESSIONAL OFFICE means the office of a member of a recognized profession, conducted by a member of the resident family, which shall be clearly incidental to the primary residential use entirely within the principal building, and including only the offices of physicians, dentists, ministers, architects, authors, musicians and such other professional occupations which may be so designated by the Zoning Hearing Board upon its finding that such occupation is truly professional in character by virtue of the need for similar training or experience as a condition of the practice thereof, and that the practice of such occupation shall in no way adversely affect the safety and amenity of surrounding property to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
(Ord. 5745, approved 4-16-1998)
§ 1311.77 PUBLIC NOTICE.
(a) Notice published once a week for two successive weeks in a newspaper of general circulation in the municipality.
(b) Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
(c) 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.
(Ord. 5745, approved 4-16-1998)
§ 1311.78 RECREATION.
(a) COMMERCIAL RECREATION means recreation facilities operated as a business and open to the general public for a fee.
(b) NON-COMMERCIAL PRIVATE RECREATION means clubs or recreation facilities operated by non-profit organizations and open only to their members and gratuitous guests.
(c) PUBLIC RECREATION means recreation facilities operated as a non-profit enterprise by a governmental entity or a non-profit organization and open to the public.
(Ord. 5745, approved 4-16-1998)
§ 1311.781 RECREATIONAL VEHICLE.
RECREATIONAL VEHICLE means a vehicle which is:
(a) Built on a single chassis;
(b) Not more than 400 square feet, measured at the largest horizontal projections;
(c) Designed to be self-propelled or permanently towable by a light-duty truck; or
(d) Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonable use.
(Ord. 5946, approved 3-11-2004)
§ 1311.782 REGULATORY FLOOD ELEVATION.
REGULATORY FLOOD ELEVATION means the base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor and one and one-half feet.
(Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)
§ 1311.79 RELATED OR RELATIVE.
Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother; sister; parent; child; grandparent; great-grandparent; grandchild; great-grandchild; uncle; aunt; nephew; niece; sister-in-law; brother-in-law; father-in-law; mother-in-law; or first cousin.
(Ord. 5745, approved 4-16-1998)
§ 1311.80 REPAIR.
REPAIR means any construction which replaces materials, but does not change the height, number of stories, size or location of a building or other structure.
(Ord. 5745, approved 4-16-1998)
§ 1311.801 REPETITIVE LOSS.
REPETITIVE LOSS means flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
(Ord. 6253, approved 2-6-2014)
§ 1311.81 RESIDENTIAL DISTRICT.
The R1A, R1B, R2, R3 and RU Zoning Districts.
(Ord. 5745, approved 4-16-1998)
§ 1311.82 RIGHT-OF-WAY.
RIGHT-OF-WAY means land set aside for use as a street or alley as established by the Commonwealth, Lycoming County or the City of Williamsport, and currently in existence.
(Ord. 5745, approved 4-16-1998)
§ 1311.83 ROOMING OR BOARDING HOUSE.
A residential use in which rooms are rented for habitation that do not meet the definition of a “dwelling unit” either because of a lack of certain facilities or occupancy by a greater number of persons than are allowed within a “dwelling unit”. A
ROOMING OR BOARDING HOUSE shall involve overnight accommodations for three or more persons for typical periods of five or more consecutive days. A ROOMING OR BOARDING HOUSE shall not include uses meeting definitions of the following terms: abused person shelter; hotel; dormitory; personal care center; bed and breakfast inn; group home; or nursing home. A ROOMING OR BOARDING HOUSE may either involve or not involve providing meals to residents.
(Ord. 5745, approved 4-16-1998)
§ 1311.84 SCRAP PROCESSING, AUTO WRECKING OR JUNKYARD.
SCRAP PROCESSING, AUTO WRECKING OR JUNKYARD means a place where waste, discarded, sorted, processed or salvaged material or automobiles are bought, sold, stored, packed, dismantled or otherwise handled, but excludes places where such uses are conducted entirely within a completely enclosed building.
(Ord. 5745, approved 4-16-1998)
§ 1311.85 SIGN.
Sign definitions are found in Art. 1346.
(Ord. 5745, approved 4-16-1998)
§ 1311.86 SOLID WASTE TRANSFER FACILITY.
A type of “solid waste facility” which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste.
(Ord. 5745, approved 4-16-1998)
§ 1311.87 SPECIAL EXCEPTION.
(a) SPECIAL EXCEPTION means a use to be granted or denied a zoning permit on the basis of the standards and criteria specified in the table of use regulations for the use in question and upon the general standards included in Art. 1319.
(b) SPECIAL EXCEPTIONS may not be granted for uses other than those expressly stated as subject to special exception by the Zoning Hearing Board.
(Ord. 5745, approved 4-16-1998)
§ 1311.871 SPECIAL FLOOD HAZARD AREA (SFHA).
SPECIAL FLOOD HAZARD AREA (SFHA) means an area of the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A or A1-30.
(Ord. 6253, approved 2-6-2014)
§ 1311.872 SPECIAL PERMIT.
SPECIAL PERMIT means a special approval needed for specific types of development being proposed to be located in any portion of the designated floodplain.
(Ord. 6253, approved 2-6-2014)
§ 1311.88 SPECIFIED SEXUAL ACTIVITIES.
One or more of the following:
(a) Human male genitals in a visible state of sexual stimulation;
(b) Acts of human masturbation, sexual intercourse, oral sex or sodomy; and/or
(c) Fondling or other erotic touching of human genitals.
(Ord. 5745, approved 4-16-1998)
§ 1311.881 START OF CONSTRUCTION.
START OF CONSTRUCTION means for floodplain management purposes, substantial improvements and other proposed new development and means the date that the permit was issued; provided, the actual START OF CONSTRUCTION, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual START means either the first placement of permanent construction of a structure on a site, such as pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(Ord. 6253, approved 2-6-2014)
§ 1311.89 STORY.
STORY means that portion of a building wholly above ground included between the surface of any floor and the surface of the floor next above, having a floor area that is 50% or more of the floor area of the story immediately below and with a ceiling height of at least eight feet; if there is no floor above, then between the floor and the ceiling.
(Ord. 5745, approved 4-16-1998)
§ 1311.90 STREET.
STREET means a public right-of-way used or intended to be used for passage or travel. All STREETS will be designed, built and operated to enable safe access for all users, in that pedestrians, bicyclists and public transportation users of all ages and abilities are able to safely move along and across the street right-of-way.
(a) EXPRESSWAYS. Streets providing efficient high-speed connections for high volumes of traffic between metropolitan areas and that limited access to interchanges.
(b) ARTERIAL STREETS. Streets transporting high volumes of traffic at moderate speeds, connecting major portions of the city, but that do not limit access to interchanges.
(c) COLLECTOR STREETS. Streets that gather traffic from local streets and feed into arterial streets. These streets typically involve moderate volumes of traffic at relatively low speeds. COLLECTOR STREETS also connect neighborhoods.
(d) LOCAL STREETS. Streets that carry relatively low volumes of traffic and provide access to individual homes. Local streets typically involve relatively low speeds.
(Ord. 5745, approved 4-16-1998; Ord. 6328, approved 6-8-2017)
§ 1311.91 STREET LINE.
STREET LINE means the dividing line between the right-of-way and the lot.
(Ord. 5745, approved 4-16-1998)
§ 1311.92 STRUCTURE.
STRUCTURE means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
(Ord. 5745, approved 4-16-1998; Ord. 6253, approved 2-6-2014)
§ 1311.93 STUDENT RESIDENCE.
STUDENT RESIDENCE means a dwelling unit that is permitted to be occupied by a maximum of five unrelated persons, as opposed to the maximum of three unrelated persons that would otherwise apply; provided:
(a) It is occupied by full-time students of an accredited college or university;
(b) Is located within a district that permits such a use; and
(c) The lot area in square feet must provide for a minimum of 800 square feet per resident.
(Ord. 5745, approved 4-16-1998; Ord. 5825, approved 8-3-2000)
§ 1311.931 SUBSTANTIAL DAMAGE.
SUBSTANTIAL DAMAGE means damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
(Ord. 5946, approved 3-11-2004)
§ 1311.932 SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) Any alteration of a “historic structure”; provided that, the alteration will not preclude the structure’s continued designation as a “historic structure”.
(Ord. 5946, approved 3-11-2004)
§ 1311.94 TAVERN.
TAVERN means a place where alcoholic beverages are served, primarily for on-site consumption, as a primary or substantial portion of the total trade. A TAVERN is distinguished from a restaurant, within which any alcohol sale shall be clearly accessory to the sale of food. Sale of food in a tavern shall meet requirements of the Pennsylvania Liquor Control Board.
(Ord. 5745, approved 4-16-1998)
§ 1311.95 TELEPHONE EXCHANGE.
TELEPHONE EXCHANGE means a building and its equipment used exclusively for the transmission and exchange of telephone messages.
(Ord. 5745, approved 4-16-1998)
§ 1311.96 TRAVEL TRAILER.
TRAVEL TRAILER means a licensed or unlicensed motorized or non-motorized vehicle designed as a temporary dwelling for travel, recreation, vacation and other short-term uses, and which has a body width not exceeding eight feet.
(Ord. 5745, approved 4-16-1998)
§ 1311.97 TREATMENT CENTER.
TREATMENT CENTER means a use (other than a “prison” or “criminal housing facility”, as otherwise defined in this part) providing housing facilities for persons who need specialized housing, treatment and/or counseling because of:
(a) A conviction or convictions for driving under influence of alcohol;
(b) Chronic abuse of or addiction to alcohol and/or a controlled substance; or
(c) A type of mental illness or other behavior that can reasonably be expected to cause a person to be a threat to the physical safety of others.
(Ord. 5745, approved 4-16-1998; Ord. 5825, approved 8-3-2000)
§ 1311.971 UNIFORM CONSTRUCTION CODE.
UNIFORM CONSTRUCTION CODE means the statewide Building Code adopted by the Pennsylvania General Assembly in 1999, applicable to new construction in all municipalities whether administered by the municipality, a third party, or the Pennsylvania Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted, the International Residential Code (IRC) and the International Building Code (IBC) of 2003 (or the latest edition thereof) by reference as the standard applicable to construction within the commonwealth, including floodplain construction.
(Ord. 6253, approved 2-6-2014)
§ 1311.98 USE.
USE means any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a lot.
(Ord. 5745, approved 4-16-1998)
§ 1311.99 VARIANCE.
VARIANCE means a modification of the regulations of this Zoning Ordinance granted by the Zoning Hearing Board on grounds of practical difficulties or unnecessary hardship, not self- imposed, pursuant to the provisions of this Zoning Ordinance and § 912 of the Pennsylvania Municipalities Planning Code (Act 247).
(Ord. 5745, approved 4-16-1998)
§ 1311.991 VIOLATION.
VIOLATION means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in 44 C.F.R. § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) is presumed to be in violation until such time as that documentation is provided.
(Ord. 6253, approved 2-6-2014)
§ 1311.100 YARD.
YARD means a space on the same lot with a principal building, open, unoccupied and unobstructed from the ground to the sky, except where encroachments and accessory buildings are expressly permitted in this Zoning Ordinance.
(a) FRONT YARD means a yard extending across the full width of the lot adjoining the street upon which the lot fronts, the depth of which shall be as specified in Art. 1343.
(b) REAR YARD means a yard extending across the full width of the lot adjoining the rear lot line, the depth of which shall be as specified in Art. 1343.
(c) SIDE YARD means a yard adjacent to a side lot line extending from the front yard to the rear yard, the width of which shall be as specified in Art. 1343.
(Ord. 5745, approved 4-16-1998)
§ 1311.101 ZONING OFFICER.
ZONING OFFICER means the duly constituted municipal official designated to administer and enforce this Zoning Ordinance. The ZONING OFFICER shall administer the Zoning Ordinance in accordance with its literal terms. The ZONING OFFICER may be the Building Inspector and serve both offices of the city.
(Ord. 5745, approved 4-16-1998)
§ 1311.102 ZONING ORDINANCE.
The City of Williamsport Zoning Ordinance, as amended, which is codified as Titles Three through Seven of Part 13 of the Codified Ordinances of Williamsport, Pennsylvania.
(Ord. 5745, approved 4-16-1998)
§ 1311.103 ZONING PERMIT.
ZONING PERMIT means a permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this Zoning Ordinance for the zone in which it is located.
(Ord. 5745, approved 4-16-1998)
§ 1312.01 TITLE.
An ordinance regulating the location, height, bulk, erection, construction, alteration and razing of structures; the percentage of a lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population; the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes; and the uses of land for agriculture, water supply, conservation, soil conservation, forestry or other purposes in all portions of the City of Williamsport.
(Ord. 5745, approved 4-16-1998)
§ 1312.02 SHORT TITLE.
This Zoning Ordinance shall be known as the “Zoning Ordinance”; and the map herein referred to, which is identified by the title “Williamsport, PA., Zoning Map”, dated 3-31-1998, shall be known as the “Zoning Map”.
(Ord. 5745, approved 4-16-1998)
§ 1312.03 PURPOSES.
The zoning regulations and districts as herein set forth have been made in accordance with the Comprehensive Plan and are designed to:
(a) Promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements; as well as to
(b) Prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
(Ord. 5745, approved 4-16-1998)
§ 1312.04 COMMUNITY DEVELOPMENT OBJECTIVES.
The goals and objectives of the City of Williamsport Comprehensive Plan of 1994, as amended, are hereby incorporated by reference. This Ordinance is also intended to serve purposes for zoning as authorized by § 604 of the Pennsylvania Municipalities Planning Code, as amended, which is hereby incorporated by reference.
(Ord. 5745, approved 4-16-1998)
§ 1312.05 REPEALER.
The pre-existing City of Williamsport Zoning Ordinance of 1971, as amended, is repealed. In addition, all other city ordinances or resolutions or parts thereof that were adopted prior to this Zoning Ordinance and that are clearly in direct conflict with this ordinance are hereby repealed. Sections 329.08(b), 329.08(c) and 329.09, entitled “Adult Bookstores and Moviehouses”, are hereby specifically repealed.
(Ord. 5745, approved 4-16-1998)
§ 1313.01 ZONING OFFICER TO ENFORCE.
The provisions of this Zoning Ordinance shall be administered and enforced by the Zoning Officer, appointed by Council, who shall have the following duties and powers:
(a) Receive applications for permits, certificates, variances and other applications required under the terms of this Zoning Ordinance;
(b) Prescribe the form of all applications, permits and certificates required under the terms of this Ordinance and may combine these with those required by the Building Code;
(c) Issue permits for the construction, alteration and occupancy of all uses or buildings which are certified to be in accordance with the requirements of this Zoning Ordinance within ten days of receipt of application for such permit;
(d) Refuse applications for permits or certificates which are not in accord with the requirements of this Zoning Ordinance within ten days of receipt of such application. Such refusal shall be in writing and shall state the reasons for such action;
(e) Issue written notice of violation to any person violating any provision of this Zoning Ordinance, setting forth the action on the part of such person deemed to be in violation. Duplicate copies of such notice are to be referred to the Zoning Hearing Board and Council;
(f) Keep records of applications, permits or certificates issued, variances granted, inspections made, reports rendered and notices or orders issued; and
(g) Perform such other duties as may be provided or made necessary by the terms of this Zoning Ordinance.
(Ord. 5745, approved 4-16-1998)
§ 1313.02 ENFORCEMENT, VIOLATIONS AND PENALTIES.
The applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, are hereby incorporated by reference. As of the adoption date of this ordinance, such provisions were within 53 P.S. §§ 10616.1 and 10617.
(Ord. 5745, approved 4-16-1998)
§ 1313.03 REMEDIES.
Where any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Zoning Ordinance or any duly enacted amendment hereof, the Mayor, Council, the District Attorney of Lycoming County or any owner of real estate within the city may, in addition to other remedies provided by law, institute appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
(Ord. 5745, approved 4-16-1998)
§ 1313.04 COMPLAINTS OF VIOLATION.
Whenever a violation of this Zoning Ordinance occurs, any person may file, in writing, a complaint in regard thereto with the Zoning Officer, who shall record such complaint, immediately investigate the complaint and make a report thereof to the Mayor.
(Ord. 5745, approved 4-16-1998)
§ 1313.05 INTERPRETATION.
In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be the minimum requirements for the promotion of health, safety, morals and the general welfare of the city and its residents. It is not intended by this Zoning Ordinance to interfere with, abrogate or annul any rules or regulations previously adopted or permits previously issued by the city which are not in conflict with any provisions of this Zoning Ordinance; nor is it intended by this Zoning Ordinance to interfere with, abrogate or annul any easements, covenants, building restrictions or other agreements between parties. Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces or a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the Zoning Ordinance and the regulations made under authority of this Zoning Ordinance, the provisions of such statute shall govern.
(Ord. 5745, approved 4-16-1998)
§ 1313.06 VALIDITY.
The provisions of this Zoning Ordinance are separable; and, if any provision shall be held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionally of any other provision.
(Ord. 5745, approved 4-16-1998)
§ 1320.01 CONDITIONAL USES.
Application for any conditional uses permitted by this Zoning Ordinance will be made to the Zoning Officer who shall refer such applications to the Planning Commission Chairperson at least seven days prior to the Planning Commission’s next regularly scheduled meeting. The Planning Commission will review the application and submit its recommendations to Council for approval or denial. The recommendations of the Planning Commission and the decision of Council shall be based on, but not limited to, the following standards and criteria.
(a) Compatibility. The proposed use will be reviewed as to its relationship to and effect upon surrounding land uses and existing environmental conditions regarding the pollution of air, land and water; noise; potential of hazards and congestion; illumination and glare; restrictions to natural light and circulation of air.
(b) Purpose. Review the intended purpose of proposed use as it relates to the city’s development objectives established in the Comprehensive Plan.
(c) Suitability. The nature of activity and population served, numbers of participating population, frequency of use, adequacy of space and spatial requirements, potential generation and impact of congestion will be reviewed as suitably related to the proposed location of potential use.
(d) Accessibility. Ingress and egress to the site of the proposed use, circulation and movement of pedestrian and vehicular traffic, parking requirements and accessibility to the existing and proposed city highway system will be reviewed.
(e) Serviceability. Reviews will be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal and the ability of the city to supply such services.
(f) Applicability. The proposed use will be reviewed as to its application to and coordination with the planning policies of the city and its Comprehensive Plan and plans for land use, highways, schools, parks, sewers, water distribution and population growth.
(g) Health, safety and welfare. The proposed design, location and operation shall be reviewed as to whether the public health, safety, welfare and convenience shall be protected. Applications for conditional use permits which will subsequently require review under Title Nine - Subdivision and Land Development Regulations shall comply with the review procedures outlined in Art. 1375. Application forms will be required for each land use proposed, to be submitted at the time of preliminary review. Approval of conditional use applications may be granted by Council only at the time of final plan approval.
(Ord. 5745, approved 4-16-1998)
§ 1321.01 POWER OF AMENDMENT.
Council may, from time to time, amend, supplement, change, modify or repeal this Zoning Ordinance, including the Zoning Map. When doing so, Council shall proceed in the manner prescribed in this article.
(Ord. 5745, approved 4-16-1998)
§ 1321.02 INITIATION.
Proposals for amendment, supplement, change, modification or repeal may be initiated by Council on its own motion, by the Planning Commission or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions.
(a) Proposals originated by Council. Council shall refer every proposed amendment, supplement, change, modification or repeal originated by Council to the Planning Commission. Within 30 days of the submission of such proposal, the Planning Commission shall submit to Council a report containing the Commission’s recommendation, including any additions or modifications to the original proposal.
(b) Proposals originated by the Planning Commission. The Planning Commission may at any time transmit to Council any proposal for the amendment, supplement, change, modification or repeal of this Zoning Ordinance.
(c) Proposals originated by a citizen’s petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change or modification shall be signed, acknowledged and submitted in writing to the Zoning Officer, together with such fee as required by § 1317.31. On receipt of such petition, the Zoning Officer shall transmit a copy of the petition to the Planning Commission. Within 30 days of its submission to the Planning Commission, the Commission shall submit to Council a report containing the Commission’s recommendations, including any additions or modifications of the original proposal.
(Ord. 5745, approved 4-16-1998)
§ 1321.03 HEARINGS.
No amendment, supplement, change, modification or repeal shall be acted upon by Council until a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Public notice of such hearing shall be published once each week for two consecutive weeks in a newspaper of general circulation. 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. In addition, if the proposed amendments involve a zoning map change, notice of such public hearing shall be conspicuously posted at points deemed sufficient 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.
(Ord. 5745, approved 4-16-1998)
§ 1321.04 ENACTMENT.
Upon conclusion of the hearing, Council shall take such lawful action as it may deem advisable. A majority vote of the entire Council membership shall be required to pass the proposal amendment. Upon approval of any amendment, such amendment shall be forthwith published in accordance with the Third Class City Code.
(Ord. 5745, approved 4-16-1998)
§ 1323.01 NON-CONFORMING USES, BUILDINGS, STRUCTURES AND LOTS.
(a) Within the districts established by this article or by amendments thereto, there exists, may exist or will exist: uses of land, structures and lots which were lawful before this article was passed or amended but which would be prohibited, to be newly established under the terms of this article or future amendment. Inasmuch as these non-conformities are, by definition, alien to the character of a district created under this article, it is desirable to control these non-conformities. Over time, these non-conformities are intended to be reduced in number by obsolescence, destruction, abandonment or similar factors. Because non-conformities, so long as they exist, may conflict with the objectives of this article such uses are limited in their expansion and changes.
(b) A lawful existing use, building, structure or lot that is made non-conforming at the time of passage of this article or any applicable amendment thereto, may be continued, except as otherwise set forth in this article.
(c) The Zoning Administrator may identify and register non-conforming uses, buildings and structures. The owner of the premises of a non-conforming structure or owner of a lawful non-conforming use may, upon providing sufficient evidence, secure a certificate of non-conformance from the Zoning Administrator. Other sections of this article may require a certificate of non-conformance for certain uses. The certificate of non-conformance, for the purpose of this article shall be considered the zoning permit. Such certificate shall be authorized by the Zoning Administrator and shall be for the purpose of ensuring to the owner the right to continue such non-conforming use or structure.
(Ord. 6192, approved 7-21-2011)
§ 1323.02 EXISTING NON-CONFORMING USES, BUILDINGS, STRUCTURES OR LOTS.
Existing non-conforming uses, buildings, structures or lots shall not be enlarged, reconstructed, substituted, moved so as to extend or increase the non-conformity other than as specified herein nor shall they be extended or enlarged after passage of this article by attachment to a building or premises or by the addition of other uses of a nature which would be prohibited generally in the district involved. Non-conforming uses are further subject to the following.
(a) Upon review by the Zoning Administrator, a non-conforming use may be enlarged up to but not more than 20% of its floor and land area, whichever is more restrictive as such existed at the time the use first became non-conforming; provided that such enlargement shall conform to all other regulations of the district in which it is situated. Such 20% shall be a cumulative maximum over the lifetime of the use. Access for persons with disabilities or fire egress may be added without being restricted by the 20% maximum expansion. A non-conforming building or structure may be expanded, provided the expansion conforms to this article.
(b) Normal maintenance, repairs and incidental alterations of a building or other structure containing a non-conforming use are permitted provided they do not extend the area or volume of space occupied by the non-conforming use unless subsection (a) above is met.
(c) Residential non-conforming uses may be altered in any way to improve interior livability; provided that, no structural alterations shall be made which would increase the number of dwelling units on the lot.
(d) A non-conforming use shall not displace or replace a conforming use.
(e) A non-conforming use may be changed into a conforming use at any time. If the conforming use is equal to or less intensive than the prior non-conforming use, off-street parking requirements will not change. A substantial increase in use intensity for any conforming use necessitates provision of the net number of required off-street parking space.
(f) A non-conforming use may be replaced by a non-conforming use that is equally intense or less intense. The Zoning Administrator shall have the authority to approve a change within the same type of non-conforming use, such as from one personal service use to another personal service use; provided, the applicant agrees to comply with all of the same conditions that applied to the previous use. This Zoning Administrator approval may be permitted by right. If the Zoning Administrator has doubts about the comparative intensity of the new use versus the prior use, special exception approval shall be required. All other proposed changes in a non-conforming use shall need special exception approval by the Zoning Hearing Board.
(g) A determination regarding the intensity of the replacement non-conforming use shall consider the following:
(1) Traffic generation and congestion including truck, passenger car traffic;
(2) Nuisance characteristics such as emission of noise, odor, dust, smoke, fumes, fire hazards, glare and vibration;
(3) Hours and manner of operation;
(4) Waste disposal and storage;
(5) Parking demand, considering the proposed hours of the use; and
(6) Buildings or structures, regardless of conformity or ownership, shall not be combined for the purpose of extending an existing non-conforming use or for creating a different non-conforming use.
(Ord. 6192, approved 7-21-2011)
§ 1323.03 REPLACING/RESTORING NON-CONFORMING USE, BUILDING OR STRUCTURE.
(a) In the event that 50% or more of the existing floor area or use of land occupied by a non-conforming use is voluntarily razed, legally condemned or destroyed by fire, explosion or flood, it may not be restored, reconstructed or used as before, except in strict compliance with the zoning regulations of the zoning district in which it is situated, unless special exception approval is granted for such use or activity.
(b) In the event that less than 50% of the existing floor area or use of land occupied by a non-conforming use is voluntarily razed, legally condemned or destroyed by fire, explosion, flood or other phenomenon, it may not be restored, reconstructed or used as before unless such restoration, reconstruction or use commences within one year from the date of the damage.
(c) In any case, an existing lawful single-family dwelling (such as a single-family attached dwelling) may be reconstructed or replaced with a new single-family dwelling as a permitted by right use; provided, the new dwelling is not more non-conforming in any measure than the existing dwelling. In such case, the construction shall be started within 12 months after the existing dwelling was damaged, destroyed or demolished.
(Ord. 6192, approved 7-21-2011)
§ 1323.04 TERMINATION AND ABANDONMENT OF NON-CONFORMING USES, BUILDINGS OR STRUCTURES.
Termination and abandonment of non-conforming uses, buildings or structures shall be subject to the following.
(a) Any non-conforming use, building or structure that is replaced by a conforming use, building or structure shall be deemed immediately abandoned and cannot thereafter be revived.
(b) A non-conforming use, building or structure discontinued for a period of 12 consecutive months shall be presumed abandoned and shall not thereafter be revived without proof, satisfactory to the Zoning Administrator, that the owner did not intend its abandonment through disuse. In making its determination, the Zoning Administrator shall take into account the owner’s compliance (or non-compliance) with the provisions of subsection (c) and shall consider the impact the use will have on the character of the neighborhood.
(c) One or more of the following shall be deemed evidence of intent to discontinue and abandon a non-conforming use, building or structure:
(1) Failure to properly secure windows, walls/or doors of the property;
(2) Use of the property for a conforming use;
(3) Demolition of the structure;
(4) Failure to apply for licenses and/or permits necessary to continue such non-conforming use;
(5) Failure to market a vacant property for sale or lease, during periods when the property is not actively under renovation;
(6) Failure to appeal the denial of a permit to continue the use; and
(7) Failure to file letters of intent as per § 1323.02.
(d) A non-conforming use, building or structure shall not be deemed abandoned under the following circumstances:
(1) The consequent restrictions imposed upon the use by a governmental authority during wartime;
(2) Destruction of the property by natural disaster (other than fire, flood or explosion); and
(3) Cessation of business during any permitted repair to a structure or to the property.
(e) Any use that has been discontinued for a period of 12 continuous months shall be deemed abandoned, unless the owner or the owner’s authorized agent submits to the Zoning Administrator, at the end of 12 months and every six months thereafter, a letter of intent which clearly indicates that attempts to secure a buyer or tenant for the use are ongoing.
(Ord. 6192, approved 7-21-2011)
§ 1317.01 REQUIRED.
A zoning permit shall be required: prior to the erection, addition or alteration of any building, structure or development or portion thereof; prior to the use or change in use of a building, structure, development or land; and prior to the change or extension of a non-conforming use.
(Ord. 5745, approved 4-16-1998; Ord. 5946, approved 3-11-2004)
§ 1317.02 APPLICATION.
(a) All applications for zoning permits shall be submitted on forms supplied by the Zoning Officer and shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of existing or proposed buildings or alterations, signs, parking or loading areas, the existing and intended use of each building or part thereof, the number of families or dwelling units, employees or officers or other units of occupancy the building is designed to accommodate and such other information as may be necessary to determine compliance with this Zoning Ordinance and all other pertinent ordinances.
(b) One copy of the plans shall be returned to the owner upon approval.
(c) All applications, with accompanying plans and documents, shall become a public record after a permit is issued or denied.
(Ord. 5745, approved 4-16-1998)
§ 1317.03 ISSUANCE; DISPLAY.
(a) Prior to issuance of any building permit, the Building Permit Officer shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act 35 P.S. §§ 750.1 et seq., as amended); the Pennsylvania Dam Safety and Encroachments Act (32 P.S. §§ 693.1 et seq., as amended); the Pennsylvania Clean Streams Act (35 P.S. §§ 691.1 et seq., as amended); and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
(b) (1) Zoning permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected whenever construction work is being performed thereon.
(2) No owner, contractor, worker or other person shall perform building operations of any kind unless a zoning permit covering such operation has been previously issued and is being displayed as required by this Zoning Ordinance, nor shall they perform building operations of any kind after notification of the revocation of such zoning permit.
(Ord. 5745, approved 4-16-1998; Ord. 5946, approved 3-11-2004)
§ 1317.04 REVOCATION.
(a) The Zoning Officer may revoke a zoning permit at any time if it appears that the application or accompanying plan is in any material respect false or misleading or that work being done upon the premises differs materially from that called for in the application.
(b) (1) In such case, the person holding the permit shall immediately surrender it and all copies thereof to the Zoning Officer.
(2) Before issuing a new zoning permit, the Zoning Officer may require the applicant to file a bond in favor of the city, with sufficient surety conditioned for compliance with this Zoning Ordinance and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.
(Ord. 5745, approved 4-16-1998)
§ 1317.11 REQUIRED.
An occupancy permit, issued in duplicate, certifying that the premises comply with the provisions of this Zoning Ordinance and may be used for the purposes set forth in the permit, shall be secured from the Zoning Officer after inspection and prior to the use or occupancy of any building or structure or part thereof for which a zoning permit is required or for any change of use of any existing building or structure or part thereof or for any change of use of land. A copy of the occupancy permit shall be kept at all times upon the premises and shall be displayed upon request made by any officer of the city. A record shall be kept of all occupancy permits, and the original application shall be kept on file in the office of the Zoning Officer.
(Ord. 5745, approved 4-16-1998)
§ 1317.12 APPLICATION.
Application for an occupancy permit shall be made in writing on a form furnished by the Zoning Officer setting forth such facts as the Zoning Officer may require.
(Ord. 5745, approved 4-16-1998)
§ 1317.13 TERM.
An occupancy permit, once granted, shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.
(Ord. 5745, approved 4-16-1998)
§ 1317.21 LIMITS OF ZONING OFFICER’S AUTHORITY.
(a) The Zoning Officer shall have the authority to issue permits only for construction and uses which are in accordance with the requirements of this Zoning Ordinance. Zoning permits, for construction and uses which are subject to special exception requirements or construction which requires a variance, shall be issued only upon order of the Zoning Hearing Board. Similarly, construction and uses which are subject to conditional use requirements shall be issued only upon order of Council.
(b) The Zoning Officer shall issue no permits for the construction or use of any land and buildings unless it conforms to all applicable city ordinances and with the laws of the commonwealth.
(c) The Zoning Officer shall process applications for zoning permits or occupancy certificates within ten calendar days and inform the applicant of the action taken.
(Ord. 5745, approved 4-16-1998)
§ 1317.31 APPLICATION REVIEW FEES.
Upon application for a zoning permit and/or occupancy permit and/or certificate of non-compliance, the applicant shall pay, in addition to all other fees required by any statute of the Commonwealth of Pennsylvania or ordinance of the city, an application review fee in accordance with Art. 117 of the codified ordinances. The above fees and the inspection fees provided in § 1317.32 may be revised by written ordinance or resolution of City Council.
(Ord. 5745, approved 4-16-1998)
§ 1317.32 INSPECTION FEES.
The inspection fees, in addition to all other fees required by any statute of the Commonwealth of Pennsylvania or ordinance of the city, shall be paid at the office of the Zoning Officer before any permits are issued by the Zoning Officer as is provided in § 117.03(r).
(Ord. 5745, approved 4-16-1998)
§ 1319.01 BOARD ESTABLISHED.
The Board of Adjustment, established as provided for by the Act of 1931 (P.L. 932), § 4120, and the Act of 1951 (P.L. 662), § 41, is reestablished as the Zoning Hearing Board as provided for in § 902 of the Pennsylvania Municipalities Planning Code (Act 247). As used in this Zoning Ordinance, the term
BOARD refers to the Zoning Hearing Board.
(Ord. 5745, approved 4-16-1998)
§ 1319.02 MEMBERSHIP OF BOARD.
The membership of the Zoning Hearing Board shall be five residents of the city appointed by Council. Their terms of office shall be three years and so fixed that the term of office of at least one member shall expire each year. Terms of office of present Board of Adjustment members shall continue according to their current appointment. The Board shall promptly notify Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. City Council may appoint up to two alternate members for terms of three years each. Such alternates may serve as members of the Board when authorized within the provisions of the Pennsylvania Municipalities Planning Code as amended. Members of the Board shall hold no other office in the city.
(Ord. 5745, approved 4-16-1998)
§ 1319.03 REMOVAL OF MEMBERS.
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or non-feasance in office or for other just cause by a majority vote of the Council, taken after the member has received 15 days’ advance notice of the intent to take such a vote. A public hearing shall be held in connection with the vote if the member shall request it in writing.
(Ord. 5745, approved 4-16-1998)
§ 1319.04 ORGANIZATION OF THE BOARD.
The Board shall elect its officers from its own membership, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board. However, the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided for in § 1319.05. The Board may make, alter and rescind rules and forms of its procedure consistent with ordinances of the city and laws of the commonwealth. The Board shall keep full public records of its business and submit a report of its activities to Council once a year.
(Ord. 5745, approved 4-16-1998)
§ 1319.05 HEARINGS.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with § 908, Pennsylvania Municipalities Planning Code (53 P.S. § 10908), as amended. Notice shall be given to the public, the applicant, the county planning agency, the Zoning Officer, such other persons as Council shall designate by ordinance and any person who has made timely request for the same. Notices shall be given at such time and in such manner prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board.
(Ord. 5745, approved 4-16-1998)
FUNCTIONS
§ 1319.11 APPEALS.
(a) Any person aggrieved by any decision of the Zoning Officer shall have the right to appeal to the Zoning Hearing Board within 30 days by filing with the Zoning Officer, specifying the grounds thereof and including the following:
(1) The name and address of the applicant or appellant;
(2) The name and address of the owner of the zoning lot to be affected by such proposed change or appeal;
(3) A brief description and location of the zoning lot to be affected by such proposed change or appeal;
(4) A statement of the present zoning classification of the zoning lot in question, the improvements thereon and the present use thereof;
(5) A statement of the section of this Zoning Ordinance under which the appeal is made and reasons why it should be granted or a statement of the section of this Zoning Ordinance governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal; and
(6) A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements existing thereon and proposed to be erected thereon.
(b) The Zoning Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Zoning Officer may recommend to the Board a modification or reversal of his or her action in cases where he or she believes substantial justice requires the same but where he or she has not himself or herself sufficient authority to grant the relief sought.
(c) Notice shall be provided as required by state law. See the definition of “public notice” in Art. 1311. Any party may appear in person or be represented by an agent or attorney.
(d) The Board shall decide each appeal within 45 days, after hearing, and notice thereof shall forthwith be given to all parties in interest. The Board’s decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals, the Board may, in conformance with the provisions of this Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as, in its opinion, ought to be made.
(Ord. 5745, approved 4-16-1998; Ord. 6076, approved 9-6-2007)
§ 1319.12 CHALLENGE TO VALIDITY.
The Zoning Hearing Board shall have the authority to hear challenges to this ordinance within the provisions of the Pennsylvania Municipalities Planning Code, as amended.
(Ord. 5745, approved 4-16-1998)
§ 1319.13 VARIANCES.
(a) Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Board shall prescribe the form of application and require preliminary application to the Zoning Officer. The Board may grant a variance; provided, the following findings are made where relevant in a given case:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located;
(2) That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3) That such unnecessary hardship has not been created by the appellant;
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(5) That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.
(b) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Ordinance.
(Ord. 5745, approved 4-16-1998)
§ 1319.131 PERSONS WITH DISABILITIES.
(a) After having received a complete written application, the Zoning Hearing Board may grant a variance allowing modifications to specific requirements of this ordinance if the applicant proves to the satisfaction of the Zoning Hearing Board that:
(1) Such modifications are necessary to provide a “reasonable accommodation” required under the Americans With Disabilities Act, the Federal Fair Housing Act and/or applicable state law; and
(2) Such modifications are necessary to serve persons who the applicant clearly proves have “disabilities” that are defined in and protected by such laws.
(b) In the case of an application for a use listed in this Zoning Ordinance as a conditional use, the City Council may grant a modification under this section, as a condition of a conditional use approval, in place of the Zoning Hearing Board.
(Ord. 5745, approved 4-16-1998)
§ 1319.14 SPECIAL EXCEPTIONS.
(a) In this Zoning Ordinance, special exceptions may be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria. The Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the Zoning Ordinance, as it may deem necessary to implement the purposes of this Zoning Ordinance. The Board shall pursue the following procedure.
(1) The Board’s decision to grant a permit for special exception use shall be made only after public notice and hearing. Such permit shall apply specifically to the application and plans submitted and presented at the public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Board as a special exception use.
(2) No application for a permit shall be granted by the Board for any special exception use until the Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the city and, where appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street truck loading spaces and other pertinent features of the site plan. The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. In the event that the Commission shall fail to file its report within such 30 days, the application shall be deemed to have been approved by the Planning Commission.
(b) The Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of the Zoning Ordinance. The Board may thereafter direct the Zoning Officer to issue such permit if, in its judgment, the use meets all specific provisions and criteria contained in this Zoning Ordinance and the following general provisions:
(1) In accordance with the Comprehensive Plan and consistent with the spirit, purposes and intent of this Zoning Ordinance;
(2) In the best interests of the city, the convenience of the community, the public welfare and a substantial improvement to the property in the immediate vicinity;
(3) Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;
(4) In conformance with all applicable requirements of this Zoning Ordinance;
(5) Suitable in terms of effects on highway traffic and safety, with adequate access arrangements to protect streets from undue congestion and hazard; and
(6) In accordance with sound standards of subdivision practice, where applicable. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of this Zoning Ordinance.
(Ord. 5745, approved 4-16-1998)
§ 1319.21 PARTIES APPELLANT BEFORE BOARD.
Appeals from a decision of the Zoning Officer and proceedings to challenge the validity of the ordinance may be filed with the Zoning Hearing Board, in writing, by any officer or agency of the city or any person aggrieved. Requests for a variance or special exception, however, must be filed with the Board by any land owner or any tenant with the permission of such landowner.
(Ord. 5745, approved 4-16-1998)
§ 1319.22 TIME LIMITATIONS.
The time limitations for raising certain issues and filing certain proceedings with the Zoning Hearing Board shall be the following.
(a) No issue of alleged defect in the process of enactment of any ordinance or map or any amendment thereto shall be raised in any proceeding filed with the Board later than 30 days from the time such ordinance, map or amendment takes effect, unless the person raising such issue alleges and proves that he or she failed to receive adequate notice of the enactment of the ordinances, adequate notice to his or her predecessor in interest shall be deemed adequate notice to him or her.
(b) No person shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, has been approved by an appropriate city officer, agency or body if such proceeding is designed to secure reversal or limit the approval in any manner, unless such person alleges and proves that he or she failed to receive adequate notice of such approval. If such person has succeeded to his or her interest after such approval, adequate notice to his or her predecessor in interest shall be deemed adequate notice to him or her.
(Ord. 5745, approved 4-16-1998)
§ 1319.23 STAY OF PROCEEDINGS.
Upon filing of any proceeding referred to in this article and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenge ordinance, order or approval of the Zoning Officer or any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or body certifies to the Board fact indicating that such stay would cause imminent peril to life or property; in which case, the development or official action shall not be stayed otherwise than by a restraining order which may be granted by the Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
(Ord. 5745, approved 4-16-1998)
§ 1319.24 ZONING APPEALS TO COURT.
Any person aggrieved by any decision of the Zoning Hearing Board or any taxpayer or Council may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of Lycoming County, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law and specify the grounds upon which he or she relies. Such appeals shall be made in accordance with Art. X-A of the Pennsylvania Municipalities Planning Code (Act 247).
(Ord. 5745, approved 4-16-1998)