In order to implement the purpose of this Zoning Ordinance, the city is hereby divided into 14 classes of districts, with the designations and general purposes listed below and the specifically permitted and prohibited uses tabulated in Art. 1333:

   (a)   Industrial MH District. Primarily for manufacturing, assembling and fabrication activities, including large-scale or specialized industrial operations requiring good access by road and/or railroad and perhaps requiring special sites or services;

   (b)   Industrial ML District. Primarily for light industrial and warehousing activities which do not require a central location;

   (c)   Commercial CC District. Essentially the same as the Commercial CBD District, but with off-street automobile parking required;

   (d)   Commercial CBD District. Primarily for the conduct of retail trade, administrative and professional offices and service to the general public in the Central Business District, with emphasis on large-scale stores and specialized shops serving a regional trading area;

   (e)   Commercial CS District. Primarily for wholesale, warehouse and service activities which require a central location;

   (f)   INST Institutional District. Residential in character but primarily for institutional and office uses and including commercial activities having only limited contact with the general public, not involving the sale of merchandise at retail except incidentally and which may be carried on with no objectionable conditions in structures surrounded with ample open spaces;

   (g)   Residential R1A District. Exclusively a one-family detached dwelling district with adequate lot areas required and including the customary accessory uses;

   (h)   Residential RIB District. Primarily a one-family detached dwelling district with adequate lot areas required and the customary accessory uses;

   (i)   Residential R2 District. Primarily a one-family attached dwelling district with small lot areas per family but including occasional one-family detached dwellings on larger lots and the customary accessory uses;

   (j)   Residential R3 District. Primarily a multi-family dwelling district with small lot areas per family but including one-family detached, one-family attached and two-family dwellings, certain residential related uses and the customary accessory uses;

   (k)   Residential RU District. Provides a means for encouraging the development and redevelopment of portions of the city into viable urban areas where a mix of single and multi-family dwellings as well as residentially-related institutional, recreational and commercial activities are provided as a unified project and where development on a parcel by parcel basis is not possible. Because this district has been created largely as a tool and because its application will only be occasional, its similarity to a “floating zone” or “spot zone” is recognized; but, at the same time, any intent to create such zones is specifically rejected; and

   (l)   Open Space OS District. Primarily for the preservation of open space for recreation and scenic purposes and to protect steep slopes and watercourses through public and quasi-public ownership but including certain compatible private uses.

(Ord. 5745, approved 4-16-1998; Ord. 5870, approved 5-16-2002)

   (a)   The boundaries of each of these districts are hereby established as shown on the Williamsport Zoning Map, as amended, which is hereby made a part of this Zoning Ordinance, together with all future notations, references and amendments.

   (b)   The authenticity of the Zoning Map shall be indicated by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the city under the following words: “This is to certify that this Zoning Map is the Official Zoning Map of the City of Williamsport, Pennsylvania.”

   (c)   If, in accordance with the provisions of Art. 1321 and the Third Class City Code, changes are made in district boundaries or other matter portrayed on the Zoning Map, such changes shall be made on the Zoning Map promptly after the amendment has been approved by Council, together with the date of amendment, a reference to the amending ordinance number and the signatures of the Mayor and City Clerk.

   (d)   No change of any nature shall be made in the matter portrayed on the Zoning Map, except in conformance with procedures set forth in Art. 1321, except for updating and corrections to base map information. Any unauthorized change by any person shall be considered a violation of this Zoning Ordinance.

   (e)   Regardless of the existence of copies of the Zoning Map which may from time to time be made or published, the official Zoning Map, which shall be located in the office of the Zoning Officer, shall be the final authority as to the current status of zoning districts in the city.

(Ord. 5745, approved 4-16-1998)

   Pursuant to § 1331.02, a new Zoning Map is hereby adopted, which Map realigns the zoning districts. The Mayor, City Clerk and other appropriate officials are hereby authorized to authenticate the new Zoning Map showing such realignment, which Map is made a part hereof.

(Ord. 5745, approved 4-16-1998)

   Unless otherwise specifically shown on the Zoning Map, the boundaries of districts are streets or lot lines, or extensions thereof, as they existed at the time of establishment of the district boundaries. If uncertainty exists concerning the exact location of district boundary lines, the Zoning Hearing Board shall determine the location of such boundaries as provided for in § 1319.11.

(Ord. 5745, approved 4-16-1998)

   Any land annexed to or consolidated with the city shall be temporarily classified “Open Space District” until reclassified by an amendment to this Zoning Ordinance. The Planning Commission shall, within six months after annexation or consolidation, recommend appropriate zoning for such land. Prior to adoption of a zoning plan, the provisions of Art. 1323 shall not apply to such land.

(Ord. 5745, approved 4-16-1998)

   The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and government services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by:

   (a)   Regulating uses, activities and development which, acting along or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies;

   (b)   Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding;

   (c)   Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or flood-proofed against flooding and flood damage; and

   (d)   Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

(Ord. 5745, approved 4-16-1998)

   These provisions shall apply to all lands within the jurisdiction of the City of Williamsport and shown on the Official Zoning Map as being located within the boundaries of the Floodway, Flood Fringe and General Floodplain Districts.

(Ord. 5745, approved 4-16-1998)

   Where interpretation is needed as concerning the exact location of any boundary of any floodplain district, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the Board and to submit his own technical evidence if he or she so desires.

(Ord. 5745, approved 4-16-1998)

   No structure, development or land shall hereafter be used and no structure or development shall be located, relocated, constructed, reconstructed, enlarged or structurally altered, except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.

(Ord. 5745, approved 4-16-1998; Ord. 5946, approved 3-11-2004)

   (a)   The degree of flood protection sought by the provisions of this article is considered reasonable for the regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by human-made or natural causes, such as ice-jams and bridge opening restricted by debris. This article does not imply that areas will be free from flooding or flood damages.

   (b)   This article shall not create liability on the part of the City of Williamsport or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereof.

(Ord. 5745, approved 4-16-1998; Ord. 6253, approved 2-6-2014)

   (a)   (1)   The identified floodplain districts shall be those areas of the City of Williamsport classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated 2-5-2014, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.

      (2)   The above-referenced FIS and FIRMs and any subsequent revisions are hereby adopted by the City of Williamsport and made part of this article.

   (b)   The identified floodplain area shall be overlays to the existing underlying district as shown on the official Zoning Ordinance Map. As such, the provisions of the Floodplain District shall serve as a supplement to the underlying district provisions. Where this happens to be a conflict between the provisions or requirements for the floodplain districts and those of any overlying district, the most restrictive provisions pertaining to the floodplain shall apply. The basis for this district shall be as follows.

      (1)   The floodway district identified as a FW Zone on the FIRM included in the FIS prepared by FEMA represents the channel of a watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than 1 foot at any point. This term shall also include floodway areas that have been identified in other available studies or sources of information for those Special Flood Hazard Areas where no floodway has been identified in the FIS.

      (2)   The AE District without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS, but no flood way has been delineated.

      (3)   The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no 1% annual chance flood elevations have been provided. The city shall for these areas, elevation and floodway information accept the sources from federal, state or other acceptable sources available. Where other acceptable information is not available, the base flood elevations shall be determined by using the elevation point on the boundary of the identified floodplain area which is nearest the site in question.

(Ord. 5745, approved 4-16-1998; Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)

   The boundaries of these floodplain districts are established as shown on the FEMA flood study for Lycoming County and flood maps dated 3-16-2004, or most revision thereof, which is declared to be a part of this article and which shall be kept on file at the city offices.

(Ord. 5745, approved 4-16-1998; Ord. 5946, approved 3-11-2004)

   The identified floodplain area may be revised or modified by the Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 1332.11(b)(8) for situations where FEMA notification is required.

(Ord. 5745, approved 4-16-1998; Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)

   (a)   All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this article and with all other applicable city codes and ordinances such as the Building and Housing Codes, and the Planning and Zoning Code.

   (b)   No encroachment, alteration or improvements of any kind shall be made to any water course unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.

   (c)   With any FW (Floodway Area), the following provisions apply.

      (1)   Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

      (2)   No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection’s regional office.

      (3)   In no case shall mobile homes be permitted in the floodway district.

(Ord. 5745, approved 4-16-1998; Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)

   In the flood-fringe district and the general floodplain district, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district; provided that, all such uses, activities and/or development shall be undertaken in strict compliance with the flood-proofing and related provisions contained herein and in all other applicable codes and ordinances.

(Ord. 5745, approved 4-16-1998)

   (a)   Special exception factors to be considered. In passing upon applications for special exceptions within the floodplain districts, the Zoning Hearing Board shall consider all relevant factors specified in other sections of the Zoning Ordinance and:

      (1)   The danger to life and property due to increased flood heights or velocities caused by encroachments;

      (2)   The danger that materials may be swept on to other lands or downstream to the injury of others;

      (3)   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;

      (4)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

      (5)   The importance of the services provided by the proposed facility to the city;

      (6)   The requirements of the facility for a waterfront location;

      (7)   The availability of alternative locations not subject to flooding for the proposed use;

      (8)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

      (9)   The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;

      (10)   The safety of access to the property in times of flood by ordinary and emergency vehicles;

      (11)   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and

      (12)   Such other factors which are relevant to the purposes of this article.

   (b)   Variance factors to be considered. In passing upon application for a variance within any floodplain districts, the Zoning Hearing Board shall consider all factors specified in other sections of this article, state law relative to variances, and the following.

      (1)   Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Registrar of Historic Places or State Inventory of Historic Places; provided that, the proposed replace or rehabilitation will not preclude the structure’s continued designation as an historic structure and that variance is the minimum necessary to preserve historic character and design of the structure.

      (2)   No variance shall be granted for any construction, development, use or activity within any floodway area/district that would cause any increase in base flood elevation (BFE).

      (3)   No variance shall be granted for any construction, development, use or activity within an AE Zone without floodway that would, together with all other existing and anticipated developments, increase the BFE more than one foot at any point.

      (4)   If granted, a variance shall involve only the least modification necessary to provide relief.

      (5)   In granting a variance the city’s Zoning Hearing Board may attach whatever reasonable conditions and safeguards it considers necessary to protect the public health, safety and welfare, and to achieve the objectives of this article.

      (6)   Whenever a variance is granted, the city’s Zoning Hearing Board shall notify the applicant in writing that:

         (A)   The granting of a variance may result in the increased premium rates for flood insurance; and

         (B)   Such variance may increase the risk to life and property.

      (7)   In reviewing any request for a variance, the city’s Zoning Hearing Board shall consider, at a minimum, the following:

         (A)   That there is good and sufficient cause;

         (B)   That failure to grant the variance would result in exceptional hardship for the applicant; and

         (C)   That granting of the variance will:

            1.   Neither result in unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense; nor

            2.   To create nuisances, cause fraud on, victimize the public, or conflict with any other applicable state or local ordinances and regulations.

      (8)   A complete record of all variances and related actions shall be maintained by the city. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.

(Ord. 5745, approved 4-16-1998; Ord. 6253, approved 2-6-2014)

   A structure, or use of a structure or premises, which lawfully existed before the enactment of these provisions may be continued subject to the following conditions.

   (a)   Existing structures and/or uses located in the floodway district shall not be expanded, but may be modified, altered or repaired to incorporate flood-proofing measures; provided that, such measures do not raise the level of the 100-year flood.

   (b)   If any structure or use located in any floodplain district is destroyed by any means including floods, to an extent of 50% or more of its value, it shall not be reconstructed or continued, except in conformity with the provisions of this article.

   (c)   Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue.

(Ord. 5745, approved 4-16-1998)

   (a)   The provisions of this section shall be applicable, in addition to any other applicable provisions of this article, or any other ordinance, code or regulation.

   (b)   In accordance with the Pennsylvania Floodplain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:

      (1)   Will be used for the production or storage of any of the following dangerous materials or substances;

      (2)   Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or

      (3)   Will involve the production, storage or use of any amount of radioactive substances. Shall be subject to the provisions of this section, in addition to all other applicable provisions.

   (c)   The following list of materials and substances are considered dangerous to human life:

      (1)   Acetone;

      (2)   Ammonia;

      (3)   Benzene;

      (4)   Calcium carbide;

      (5)   Carbon disulfide;

      (6)   Celluloid;

      (7)   Chlorine;

      (8)   Hydrochloric acid;

      (9)   Hydrocyanic acid;

      (10)   Magnesium;

      (11)   Nitric acid and oxides of nitrogen;

      (12)   Petroleum products (gasoline, fuel oil and the like);

      (13)   Phosphorus;

      (14)   Potassium;

      (15)   Sodium;

      (16)   Sulphur and sulphur products;

      (17)   Pesticides (including insecticides, fungicides and rodenticides); and

      (18)   Radioactive substances, insofar as such substances are not otherwise regulated.

   (d)   Within any floodway district/floodway area any structure of the kind described in subsection (b) hereof, shall be prohibited.

   (e)   Where permitted within any flood-fringe district or general floodplain district, any residential structure of the kind described in subsection (b) hereof, shall be elevated or designed and constructed to remain completely dry up to at least one and one-half feet above the 100-year flood.

   (f)   Where permitted within any identified floodplain area, any new or substantially improved non-residential structure of any kind described in subsection (b) hereof shall be:

      (1)   Elevated or designed and constructed to remain completely dry up to at least one and one-half feet above the 100-year flood.

      (2)   Designed to prevent pollution from the structure or activity during the course of a 100-year flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the publication Flood Proofing Regulations (U.S. Army Corps of Engineers, June 1972), or with some other equivalent water-tight standard.

   (g)   Except for possible modification of the freeboard requirements involved, no variance shall be granted for any of the requirements of this section or § 1332.11(b).

(Ord. 5745, approved 4-16-1998; Ord. 6253, approved 2-6-2014)

   (a)   General. The provisions of this section shall be applicable, in addition to any other applicable provisions of this article, or any other ordinance, code or regulation.

   (b)   Identification of activities requiring a special permit. In accordance with the Pennsylvania Floodplain Management Act (32 P.S. §§ 679.101 et seq.) and regulations adopted by the Department of Community and Economic Development as required by the Act, the following obstructions and activities are permitted only by special permit, if located partially or entirely within any floodplain district.

      (1)   The commencement of any of the following activities; or the construction, enlargement or expansion of any structure used, or intended to be used, for any of the following activities:

         (A)   Hospitals;

         (B)   Nursing homes; and

         (C)   Jails or prisons.

      (2)   The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvements to an existing mobile home or mobile home subdivision.

   (c)   Application requirements. Applicants for special permits shall provide five copies of the following items:

      (1)   A written request including a completed building permit application form;

      (2)   A small scale map showing the vicinity in which the proposed site is located;

      (3)   A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

         (A)   North arrow, scale and date;

         (B)   Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet;

         (C)   All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;

         (D)   The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction and elevations;

         (E)   The location of any existing bodies of water or watercourses, buildings, structures and other public buildings or public facilities, including railroad tracks and facilities and any other natural and manmade features affecting, or affected by, the proposed activity or development;

         (F)   The location of the floodplain boundary line, information and spot elevations concerning the 100-year flood elevations, and information concerning the flow of water including direction and velocities;

         (G)   The location of all proposed buildings, structures, utilities and any other improvements; and

         (H)   Any other information which the municipality considers necessary for adequate review of the application.

      (4)   Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:

         (A)   Sufficiently detailed architectural or engineering drawings including floor plans, Sections and exterior building elevations, as appropriate;

         (B)   For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;

         (C)   Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100-year flood;

         (D)   Detailed information concerning any proposed flood-proofing measures;

         (E)   Cross-section drawings for all proposed streets, drives, other access ways and parking areas, showing all rights-of-way and pavement widths;

         (F)   Profile drawings for all proposed streets, drives and vehicular access ways including existing and proposed grades; and

         (G)   Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.

      (5)   The following data and documentation:

         (A)   Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he or she represents;

         (B)   Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood;

         (C)   A statement, certified by a registered professional engineer, architect, landscape architect or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a 100-year flood, including a statement concerning the effects such pollution may have on human life;

         (D)   A statement certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on 100-year flood elevations and flows;

         (E)   A statement certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose, buoyant materials or debris that may possibly exist or be located on the site below the 100-year flood elevation and the effects such materials and debris may have on 100-year flood elevations and flows;

         (F)   The appropriate component of the Department of Environmental Protection’s (DEP) Planning Module of Land Development;

         (G)   Where any excavation or grading is proposed, a plan meeting the requirements of DEP to implement and maintain erosion and sedimentation control;

         (H)   Any other applicable permits such as, but not limited to, a permit for any activity regulated by DEP under § 302 of Act 1978-166; and

         (I)   An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100-year flood.

   (d)   Application review procedures. Upon receipt of an application for a special permit by the city, the following procedures shall apply in addition to all other applicable permit procedures which are already established.

      (1)   Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the City Planning Commission and City Engineer for review and comment.

      (2)   If an application is received that is incomplete, the city shall notify the applicant in writing, stating in what respects the application is deficient.

      (3)   If the city decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

      (4)   If the city approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development (DCED), by registered mail, within five working days after the date of approval.

      (5)   Before issuing the special permit, the city shall allow DCED 30 days, after receipt of the notification by the Department, to review the application and the decision made by the city.

      (6)   If the city does not receive any communication from the DCED during the 30-day review period, it may issue a special permit to the applicant.

      (7)   If the DCED should decide to disapprove an application, it shall notify the city and the applicant, in writing, of the reasons for the disapproval, and the city shall not issue the special permit.

   (e)   Technical requirements for development requiring a special permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply.

      (1)   No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which shall:

         (A)   Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that:

            1.   The structure shall survive inundation by waters of the 100- year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100-year flood elevation;

            2.   The lowest floor elevation (including basement) shall be at least one and one-half feet above the 100-year flood elevation; and

            3.   The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100-year flood.

         (B)   Prevent any significant possibility of pollution, increased flood levels or flows or debris-endangering life and property.

      (2)   All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the city and DCED.

   (f)   Exceptions. Except for possible modification of the freeboard requirements, no variance shall be granted for any of the requirements of this section.

(Ord. 5745, approved 4-16-1998)

   (a)   The Building Permit Officer shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

   (b)   Prior to the 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.

   (c)   No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the City of Williamsport and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Northcentral Regional Office. In addition, FEMA and the Pennsylvania Department of Community and Economic Development, shall be notified by the City of Williamsport prior to any alteration or relocation of any watercourse.

   (d)   The Building Code Administrator is hereby appointed to administer and enforce this article and is referred to herein as the Floodplain Administrator.

      (1)   The Floodplain Administrator may:

         (A)   Fulfill the duties and responsibilities set forth in these regulations;

         (B)   Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors and other employees; or

         (C)   Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations.

      (2)   Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. § 59.22.

   (e)   In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Mayor.

   (f)   Floodplain records must be kept in perpetuity by the Floodplain Administrator.

(Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)

   (a)   Application for such a building permit shall be made, in writing, to the Building Permit Officer on forms supplied by the City of Williamsport. Such application shall contain the following:

      (1)   Name and address of applicant;

      (2)   Name and address of owner of land on which proposed construction is to occupy;

      (3)   Name and address of contractor;

      (4)   Site location;

      (5)   Listing of other permits required;

      (6)   Brief description of proposed work and estimated cost; and

      (7)   A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

   (b)   If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Building Permit Officer to determine that:

      (1)   All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

      (2)   All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;

      (3)   Adequate drainage is provided so as to reduce exposure to flood hazards;

      (4)   Structures will be anchored to prevent floatation, collapse or lateral movement;

      (5)   Building materials are flood-resistant;

      (6)   Appropriate practices that minimize flood damage have been used; and

      (7)   Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities have been designed and located to prevent water entry or accumulation.

   (c)   Applicants shall file the following minimum information plus any other pertinent information as may be required by the Building Permit Officer to make the above determination:

      (1)   A completed building permit application form;

      (2)   A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

         (A)   North arrow, scale and date;

         (B)   Topographic contour lines, if available;

         (C)   All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;

         (D)   The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development;

         (E)   The location of all existing streets, drives and other access ways; and

         (F)   The location of any existing bodies of water or watercourses, identified floodplain areas and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.

      (3)   Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

         (A)   The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1988;

         (B)   The elevation of the base flood;

         (C)   If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood; and

         (D)   Detailed information concerning any proposed flood proofing measures.

      (4)   The following data and documentation: a document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the 100-year flood. Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development.

   (c)   Permits will be required for all proposed construction and other development within SFHAs on the FIRM.

(Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)

   (a)   With any FW (Floodway Area), the following provisions apply.

      (1)   Any new construction, development, use, activity or encroachment that would cause any increase in flood heights shall be prohibited.

      (2)   No new construction, development, use, activity or encroachment that would cause any increase in flood heights shall be prohibited.

   (b)   Within FA (General Floodplain Area), the following provisions apply.

      (1)   No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse unless a permit is obtained from the Department of Environmental Protection’s regional office.

      (2)   Any new construction or development, that would cause any increase in flood heights, shall be prohibited within any floodway area.

      (3)   No permit shall be granted for any construction, development, use or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

(Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)

   (a)   Residential structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation.

   (b)   Non-residential structures.

      (1)   Within any identified floodplain area, any new construction or substantial improvement of a non-residential structure shall have the lowest floor (including basement) elevated up to, or above the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

      (2)   Any non-residential structure, or part thereof, having a lowest floor which is not elevated to at least one and one-half feet above the 100-year flood elevation, shall be flood-proofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled “Flood-proofing Regulations” published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such flood-proofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.

   (c)   Space below the lowest floor.

      (1)   Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term “fully enclosed space” also includes crawl spaces.

      (2)   Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

         (A)   A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space;

         (B)   The bottom of all openings shall be no higher than one foot above grade; and

         (C)   Openings may be equipped with screens, louvers or other coverings or devices; provided that, they permit the automatic entry and exit of flood waters.

   (d)   Accessory structures. Structures accessory to a principal building need not be elevated or flood-proofed to remain dry, but shall comply, at a minimum, with the following requirements.

      (1)   The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material and equipment related to the principal use or activity.

      (2)   Floor area shall not exceed 600 square feet.

      (3)   The structure will have a low damage potential.

      (4)   The structure will be located on the site so as to cause the least obstruction to the flow of flood waters.

      (5)   Power lines, wiring, and outlets will be at least one and one-half feet above the 100-year flood elevation.

      (6)   Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers and the like are prohibited.

      (7)   Sanitary facilities are prohibited.

      (8)   The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of flood water for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

         (A)   A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space;

         (B)   The bottom of all openings shall be no higher than one foot above grade; and

         (C)   Openings may be equipped with screens, louvers and the like or other coverings or devices; provided that, they permit the automatic entry and exit of flood waters.

(Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)

   The following minimum standards shall apply for all construction and development proposed within any identified floodplain area.

   (a)   Fill. If fill is used, it shall:

      (1)   Extend laterally at least 15 feet beyond the building line from all points;

      (2)   Consist of soil or small rock materials only; sanitary landfills shall not be permitted;

      (3)   Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling;

      (4)   Be no steeper than one vertical or two horizontal feet, unless substantiated data justifying steeper slopes are submitted to and approved by the Building Permit Officer; and

      (5)   Be used to the extent to which it does not adversely affect adjacent properties.

   (b)   Drainage facilities. Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

   (c)   Water and sanitary sewer facilities and systems.

      (1)   All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.

      (2)   Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.

      (3)   No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

   (d)   Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

   (e)   Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

   (f)   Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life, and not listed in section, shall be stored at or above the regulatory flood elevation and/or flood-proofed to the maximum extent possible.

   (g)   Placement of buildings and structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.

   (h)   Anchoring.

      (1)   All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.

      (2)   All air ducts, large pipes, storage tanks and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

   (i)   Floors, walls and ceilings.

      (1)   Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.

      (2)   Plywood used at or below the regulatory flood elevation shall be of a “marine” or “water-resistant” variety.

      (3)   Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are “water-resistant” and will withstand inundation.

      (4)   Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other “water-resistant” material.

   (j)   Paints and adhesives.

      (1)   Paints and other finishes used at or below the regulatory flood elevation shall be of “marine” or “water-resistant” quality.

      (2)   Adhesives used at or below the regulatory flood elevation shall be of a “marine” or “water-resistant” variety.

      (3)   All wooden components (doors, trim, cabinets and the like) shall be finished with a “marine” or “water-resistant” paint or other finishing material.

   (k)   Electrical components.

      (1)   Electrical distribution panels shall be at least three feet above the 100-year flood elevation.

      (2)   Separate electrical circuits shall serve lower levels and shall be dropped from above.

   (l)   Equipment. Water heaters, furnaces, air conditioning and ventilating units and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.

   (m)   Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.

(Ord. 5946, approved 3-11-2004)

   (a)   Within any FW (Floodway Area) and FA (General Floodplain Area), manufactured homes shall be prohibited.

   (b)   Any replacement of manufactured homes within any floodplain area and any improvements thereto shall be:

      (1)   Placed on a permanent foundation;

      (2)   Elevated so that the lowest floor of the manufactured home is one and one-half feet or more above the elevation of the base flood; and

      (3)   Anchored to resist flotation, collapse or lateral movement.

   (c)   All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.

(Ord. 5946, approved 3-11-2004; Ord. 6253, approved 2-6-2014)

   If any section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this article, which shall remain in full force and effect, and for this purpose the provisions of this article are hereby declared to be severable.

(Ord. 6253, approved 2-6-2014)

   Recreational vehicles in Zones A, A1-30, AH and AE must either:

   (a)   Be on the site for fewer than 180 consecutive days;

   (b)   Be fully licensed and ready for highway use; or

   (c)   Meet the permit requirements for manufactured homes in § 1332.20.

(Ord. 6253, approved 2-6-2014)

   (a)   Except as provided for in this Zoning Ordinance, no building shall be erected, altered or enlarged, nor shall any land, building or premises be employed for uses other than those permitted in the district where such building, land or premises is located.

   (b)   Every building or use shall be located on a legal lot as defined herein.

(Ord. 5745, approved 4-16-1998)

   (a)   In § 1333.05, Table of Use Regulations, those uses permitted by right are designated by the symbol “X”.

   (b)   Those uses that may be permitted as a conditional use in accordance with Art. 1320 are designated by the symbol “C”.

   (c)   Those uses that may be permitted by special exception in accordance with Art. 1319 are designated by the symbol “S”.

   (d)   Where no symbol occurs in a district column for a particular use, such use is prohibited in that district.

(Ord. 5745, approved 4-16-1998)

   (a)   Any use lawfully existing on the effective date of this Zoning Ordinance which is classified as a conditional use or a special exception in the district in which the land occupied by the use is located shall be deemed to have been granted a conditional use permit or a special exception, as the case may be, subject to maintaining the character and extent of use and structure existing on that date.

   (b)   Any application for change in use or structure shall require review and approval by Council or the Zoning Hearing Board, as the case may be.

(Ord. 5745, approved 4-16-1998)

   The following uses are expressly prohibited:

   (a)   Manufacture or wholesale storage of explosives, ammunition or fireworks;

   (b)   Processing or reducing of garbage or offal;

   (c)   Carnivals, sideshows, the racing of animals or motor vehicles and the keeping of wild animals (as defined in Art. 701 of the Codified Ordinances);

   (d)   Slaughterhouses; and

   (e)   Extractive operations, including quarrying and mining, and sand, gravel, clay or other borrow pits.

(Ord. 5745, approved 4-16-1998)

   As described in § 1333.02, the following uses shall be permitted in the following districts.