Mary Ellen Ramage, Secretary-Manager

Transcription

1 BOROUGH OF ETNA ZONING ORDINANCE CODE EXECUTIVE SUMMARY Please see the Etna Borough Zoning Code of Ordinances, which includes all Zoning Ordinances: 1248; 1253; 1268; 1301; 1302; 1333; & Mary Ellen Ramage, Secretary-Manager

2 TABLE OF CONTENTS ETNA ZONING ORDINANCE NO. ARTICLE 1 GENERAL PROVISIONS: PAGE 1 ARTICLE 2 DEFINITIONS: PAGE 3 ARTICLE 3 ESTABLISHMENT AND DESIGNATION OF DISTRICTS: PAGE Establishments of Districts Zoning Map Interpretations of Boundaries Designation of District Boundaries Determination of Location of Boundaries ARTICLE 4 DISTRICT REGULATIONS: PAGE Schedules or Regulations Application of Regulations Permitted Uses Lot, Yard and Height Requirements Off-Street Parking Razing and Removal of Structures SCHEDULE I PERMITTED USES: PAGE 24 SCHEDULE II LOT, YARD AND HEIGHT REQUIREMENTS: PAGE 28 SCHEDULE III OFF-STREET PARKING REQUIREMENTS: PAGE 31 ARTICLE 5 SUPPLEMENTARY REGULATIONS: PAGE Supplementary Regulations Manner of Determining Height Effect of Terraces Height Exceptions Supplementary Use Regulations Effect of Cornice, Fence or Front Porch Recreational Vehicles Storage Containers Fences and Enclosure Walls Carports Trailers Signs General Regulations Signs in Commercial and Industrial Districts Prohibited Signs Construction, Maintenance and Removal of Signs Construction and Use of Family Swimming Pools Definition and Applicability Construction Permit and Approval Enclosure Location on the Property Design and Construction Requirements Safety Equipment

3 5.407 Portable Pools Property Rights Shielding Lights Unnecessary Noise Electrical Connections Abandoned Pools Water Meters Personal Care Homes/Assisted Living Facilities ARTICLE 6 SPECIAL EXCEPTION USES: PAGE General Requirements Gasoline Service Stations and Repair Establishments Location of Exits and Entrances Location of Oil Drainage Pits and Hydraulic Lifts Gasoline Pumps and Tanks Removal of Underground Gasoline Storage Tanks Vehicle Parking Home Occupations Where Permitted Evidence of Use Extent of Use Home Occupation, No-Impact Home Based Business. ARTICLE 7 NONCONFORMING LOTS, USES OF LAND, STRUCTURES AND PREMISES: PAGE Intent of Regulations Nonconforming Lots of Record Nonconforming Uses of Land Nonconforming Structures Nonconforming Uses of Structures or of Structures and Premises in Cobination Repairs and Maintenance Uses Under Special Use Provisions Not Conforming Uses ARTICLE 8 ADMINISTRATION AND ENFORCEMENT: PG General Procedure General Sequence of Steps Zoning Permit Types Plats Zoning and Occupancy Permits and Certificates Zoning Permits Occupancy Permits Registration of Nonconforming Structures and Nonconforming Uses Certificate of Nonconforming Use Zoning Official Office of Zoning Official Hereby Created Duties and Powers Zoning Hearing Board Appointment of Members Removal of Members Organization Expenditures for Services Hearings Duties and Powers

4 8.408 Referral to Planning Commission Required Action Appeals and Public Hearings Appeal from Decision of Zoning Official Expiration of Appeal Decision Appeal from Decision of Board Stay of Proceedings Information Required on Appeals to the Board Amendments Public Hearing Review of Planning Commission Opportunity to be Heard Adoption of Amendment Violations Council May Initiate Appropriate Action Violation Punishable Filing Fees ARTICLE 9 CONDITIONAL USES: PAGE Conditional Uses General Criteria for Evaluation of Conditional Uses Conditional Uses as set forth in this section of this ordinance and are listed herein The Granting of Conditional Use The written submission shall demonstrate The illustrative site plan shall show Procedure for Reviewing a Conditional Use Application and Options Available After Review Borough Council shall accept the condition use proposal The Commission may call and hold a public hearing The Commission shall submit its recommendation The Borough Council shall hold a public hearing The Developer/resident may request in writing, an extension of the time limitation If the Council grants the conditional use If the Borough Council does not grant the condition use Appeals from the Council s decision shall be taken In the event that a variance from the requirements of this Ordinance Conditional Use Standards and Criteria Amateur Radio Communication Towers (Use of Construction) Commercial Communication Towers/Antenna (Conditional Use) Specific Considerations in Evaluating a Conditional Use Proposal for Sexually Oriented Establishments or Businesses. ARTICLE 10 SOLAR ENERGY SYSTEMS: PAGE Applicable Definitions Purpose Applicability Permitted Zoning Districts Location Within a Property Design and Installation Standards Setback Requirements Height Restrictions Screening and Visibility Impervious Property Coverage Restrictions Non-Conformance Signage and/or Graphic Content

5 Performance Requirements Vacation, Abandonment and/or Decommissioning Permit Requirements ARTICLE 11 SIDEWALK CAFES: PAGE Sidewalk Cafes definition Approval Process for Sidewalk Café, Including Permits and Fees Sidewalk Café Site Plan Sidewalk Café Permit Annual Review Permit Revocation and Penalties APPENDIX A1: PAGE 94

6 COMPILATION OF ORDINANCES ARTICLE 1 - GENERAL PROVISIONS SHORT TITLE AND PURPOSES This Ordinance shall be known and cited as the Borough of Etna Zoning Ordinance. The provisions of this Ordinance are designed to: (1) Promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, property density of population, civil defense, disaster evacuation, provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds, and other public requirements, as well as; (2) 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 COMMUNITY DEVELOPMENT OBJECTIVES This Ordinance is hereby adopted in accordance with the Comprehensive Plan for Etna which is designated to promote the most appropriate use of land, conserve and stabilize the value of the property, provide adequate open spaces, prevent spread of fire, prevent undue concentration of population, and provide for the location and function of streets and other community facilities and utilities APPLICATION OF ORDINANCE This Ordinance shall not require any change to any buildings, structures or use legally existing at the effective date of this Ordinance; or to any building, structure or use planned and construction started in compliance with existing laws prior to the effective date of this Ordinance. Page 1 of 95

7 However, following passage of this Ordinance, no building, structures, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless in conformity with the regulations of this Ordinance INTERPRETATION AND VALIDITY INTERPRETATION. In the interpretation of the application of the provisions of this Ordinance, they shall be held to be minimum requirements for the promotion of health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that were this Ordinance imposes greater restrictions upon the use of buildings or premises, or upon the height or bulk of building, or requires larger open spaces, the provisions of this Ordinance shall prevail VALIDITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not effect the validity of the remaining portions of this Ordinance EFFECTIVE USE. This Ordinance shall take effect immediately subsequent to the adoption hereof REPEALER. Any Ordinance or parts of Ordinances conflicting with the provisions of this Ordinance are repealed insofar as the same are inconsistent with and/or affect this Ordinance. Page 2 of 95

8 ARTICLE 2 - Definitions Applicable Definitions Except where specified in the following definitions, all words used in this Ordinance shall carry their customary meanings. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "occupied" or "used" shall include "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used"; the word "shall" is intended to be mandatory; the word "abut" shall include the words "directly across from." Accessory use or structure. A use or structure subordinate to and located on the same lot as the principle use or building and serving a purpose customarily incidental to the use of the principle building. In those instances where an owner of property wishes to use a joining or bordering property for an accessory use or structure, the owner must first merge and/or consolidate the two respective deeds to any such property into one deed before making application to the Borough for the use of such property for the construction of any subordinate structure and/or request for any and all subordinate uses to include but not limited to the construction of garages and/or parking pads. Adult Arcade. Any place to which the public is permitted or invited wherein coin-operated or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. Adult Bookstore or Adult Video Store. A commercial establishment which, as one of its principal purposes, offers for sale, rental or any form of consideration, any one or more of the following: a. Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or b. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. Page 3 of 95

9 A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as ADULT BOOKSTORE AND ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an ADULT BOOKSTORE OR ADULT VIDEO STORE so long as one (1) of its principal business purposes is the offering for sale or rental for consideration of the specified materials which depict or describe specified sexual activities or specified anatomical areas. Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features: a. Persons who appear in the state of nudity; or b. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or c. Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult Entertainment. This form of entertainment is either or both of the following: a. An exhibition of any adult oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. b. A live performance, display or dance of any type, which has a significant or substantial portion of the performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling, or any other personal services offered patrons. Adult Mini-Motion Picture Theater. An enclosed building with a capacity of less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. Page 4 of 95

10 Adult Motel. A hotel, motel or similar commercial establishment which: a. Offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas: and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or b. Offers any single sleeping room for rent, four (4) or more times in one (1) calendar day during five (5) or more calendar days in any continuous thirty (30) day period. Adult Motion Picture Theater. An enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. Adult Theater. Is a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by sexual activities. Alley. A public or private way affording only secondary means of access to abutting property. Amateur Radio Communication Towers. Any tower or structure which serves the purpose of supporting one or more antenna(s) for the use of transmission or the reception of radio signals for hobby non-commercial purposes. Applicant. The person whose name appears on the application to operate a sexually oriented establishment or business. Array. Any number of electrically connected photovoltaic (PV) modules providing a single electrical output. Billboard. See Signboard. Board or Zoning Hearing Board. The Zoning Hearing Board of the Borough of Etna. Page 5 of 95

11 Building. Any structure having a roof supported by columns or walls, used for shelter, housing or enclosure of persons, animals or property. Building Coverage, Maximum. The maximum ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located (including covered porches, carports, and breezeways, but excluding open patio) Building Height. For the purposes of this Ordinance, the building height shall be the vertical distance measured from the bottom of the first full story above the ground to the highest point of the roof adjacent to the street wall for flat roofs, to the deck line of mansard roofs; and to the mean height between eaves and ridges for gables, hipped and gambrel roofs. Building-Integrated System. A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semi transparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems. Building-Mounted System. A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the Municipality and that is either the principal structure or an accessory structure on a recorded property. This system also includes any solar-based architectural elements. Building Principal. A building in which is conducted the main or principal use of the lot on which it is situated. Building Proper. The part of the structure exclusive of porches. Carport. An open space for the storage of an automobile in the same manner of a private garage, which may be covered by a roof supported by columns or posts except that one or more walls may be the wall of the main building or extension. Page 6 of 95

12 Cell. The smallest basic solar electric device which generates electricity when exposed to light. Child Oriented Business. A Commercial establishment which, as one of its principal business purposes, serves and/or sells to children and their families, food apparels, goods, services, play and/or entertainment. Commercial Communication Towers. Any structure designed, constructed and/or used including the sharing of existing towers for the purpose of supporting any devices used for the transmission/reception/relay of any and all types of radio/telephone/television/microwave and/or any other mode of transmission for a commercial purpose. Conditional Use. A use of property that may be granted by the Borough Council after receiving recommendation of the Planning Commission based on the express standards and criteria as set forth in this Ordinance. Court. An open, unoccupied, obstructed space, other than a yard, on the same lot as the building. a. Inner Court. A court not extending into a street or way, or to a front or rear yard. b. Outer Court. A court extending to a street or way, or to a front or rear yard. Curb Level. The level of the curb in front of the center of the building or portion thereof under consideration. Where no curb level has been established, the level of the ground at the center of the traveled portion of the street shall be considered the equivalent of the curb level, and where the building does not adjoin the street the average level of the proposed grade line of the ground immediately adjacent to the building as shown on the building plans shall be considered as the curb level. District or Zone. A portion of the territory of the Borough of Etna within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance. Drip line. The outermost edge of a roof including eaves, overhangs, and gutters. Dwelling. Any building and/or structure which is designed for or occupied in whole or in part as the home, residence or sleeping place of one or more persons either permanently or transiently. Page 7 of 95

13 a. One Family Dwelling: A separate building and/or structure designed for or occupied exclusively by one family. b. Two Family Dwelling: A separate building designed for or occupied exclusively by two families, one above the other. c. Duplex: A dwelling designed for or occupied exclusively by two families with separate entrances for each, but under one roof and with a wall and/or party wall between, but no interior connection between the two. d. Multiple Family Dwelling: A dwelling designed for or occupied otherwise as a one family dwelling, two family dwelling or duplex. Employee. Any and all persons, including independent contractors, who work in or at or render any service directly related to the operation of a sexually oriented establishment. Entertainer. A person who provides entertainment within a sexually oriented establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor. Escort. A person who, for consideration, agrees or offers to act as a companion guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration. Essential Services. Essential services include the provision of gas, electrical, steam, communication, telephone, sewer, water, public safety or other similar services by public utilities or municipal or other governmental agencies. Family. A "family" consists of one or more persons who intend to reside and maintain a common household. Flood Plain Management Ordinance. Etna Borough Ordinance #1111, any subsequent amendments and the current Flood Plain Map. Garage. A building, structure or any portion thereof in which one or more motor Page 8 of 95

14 vehicles are housed, kept or repaired; not including exhibition or show rooms or storage of new cars for sale. No garage shall be so located that its door shall at any time extend beyond the line of the property (or face of the curb) on which it is located. a. Minor Garage: A garage with a capacity for not more than two (2) power driven vehicles for storage only. A minor garage may exceed a two (2) vehicle capacity, provided the area of the lot, whereon such minor garage is to be located, shall contain not less than twelve hundred and fifty (1,250) square feet for each vehicle stored. b. Community Garage: A group of minor garages, one story in height, arranged in a row or surrounding a common means of access and erected for the use of adjacent property owners having no minor garage on their individual lots. c. Major Garage: any garage not included within the definition of Minor and Community Garage. Ground-Mounted System. A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure. Home Occupation. The use of a residential one family dwelling unit which is clearly incidental to or secondary to the residential use of the dwelling unit; it is customarily carried on within the dwelling unit by one or more than one occupant of the dwelling unit and is limited to members of the family except in the case of a professional, in which case an additional employee may be employed. Home Occupation/No-Impact Home Based Business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. HVAC. Equipment used to heat, cool or ventilate a structure. Impervious Surface. A surface that prevents or retards the infiltration of water into the soil and/or a hard surface area that causes water to run off the surface of the ground in greater quantities or at an increased rate of flow from the conditions prior to development, construction, building or installation. Page 9 of 95

15 Inspector. An employee of the Allegheny County Health Department authorized and designated by Council of the Borough of Etna or an employee of or other person designated by the Borough of Etna to inspect premises regulated under this Chapter and to take the required corrective actions authorized by this Chapter where violations are found on a premises. Interconnection: The technical and practical link between the solar generator and the grid providing electricity to the greater community. Junk Yard. Land used for sorting, storing or baling of junk, scrap, metal, paper, rags, used furniture, household appliances, wrecked automobiles or parts thereof. Kilowatt (kw). A unit of electrical power equal to 1,000 Watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. 1,000 kw is equal to 1 megawatt (MW). Landowner Curative Amendment. Any challenge on substantive ground, to the validity of the zoning ordinance or map, or any provision thereof, which prohibits or restricts the use or development of land. The challenge, along with a proposed correction, must be submitted, in writing, to the Borough Council. Licensee. A person, corporation or partnership in whose name a license to operate a sexually oriented business or other business within the Borough of Etna has been issued, as well as the individual listed as an applicant on the application for a license. Lot. A parcel of ground which is or may be occupied by a building and accessory buildings, including the open spaces required under this Ordinance. a. Depth of Lot: The horizontal distance between the front lot line and the rear lot line. b. Corner Lot: A lot abutting upon two or more streets at their intersection. c. Interior Lot: A lot the side lines of which do not abut on a street. d. Through Lot: An interior lot having the frontage on two streets, neither of which is less than twenty-five (25) feet in width. e. Lot Lines: The property lines bounded on the lot. Page 10 of 95

16 1. Lot Line, Front: The line separating the lot from a street right-ofway. 2. Lot Line, Rear: The lot line opposite and most distant from the front lot line. 3. Lot Line, Side: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. 4. Side Yard of Corner Lot: Any corner lot shall have a side yard equal in width to the minimum front yard setback of any adjoining lot fronting on the side street. f. Lot Width: The width of the lot between the side lot lines at the front building line as prescribed by the front yard regulations. g. Lot Area: The computed area contained within the lot lines. Minor. A person under 18 years of age. Module. A module is the smallest protected assembly of interconnected PV cells. Net Metering Agreement. An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems. Nonconforming Lot. Any lot which does not conform with the minimum width, depth and area dimensions specified for the district where such a lot is situated. Nonconforming Structure. A structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereinafter enacted, where such structure lawfully exists prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. Nonconforming Use. A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereinafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of Page 11 of 95

17 such ordinance or amendment to its location by reason of annexation. Nude Model Studio. Any place where a person appears semi-nude, is in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. The term NUDE MODEL STUDIO shall not include a proprietant school licensed by the state of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to college, junior college, or university supported entirely or partly by taxation; or in a structure: a. That has no sign visible from the exterior of the structure and no other advertising that indicated a nude or semi-nude person is available for viewing; and b. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and c. Where no more than one nude or semi-nude model is on the premises at any one time. Nudity or a State of Nudity. The appearance of a human bare buttocks, anus, male genitals, female genitals, or a female breast. Occupancy, Mixed. Occupancy of a building or land for more than one use. Operator. A person, partnership or corporation operating, conducting or maintaining a sexually oriented establishment or business. Parking Areas. Any parcel of land which can be used to park two or more vehicles. Parking Pad. An area of property on which a vehicle is parked that is not sheltered in any way. Permit. A document issued by the Borough authorizing an applicant to undertake certain activities. a. Zoning Permit or Building Permit. A permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this Ordinance and authorizing an applicant to proceed with said use, Page 12 of 95

18 building or structure. b. Occupancy Permit. A permit issued upon completion of the construction of a structure, or change in the use of a structure or parcel of land indicating the premises comply with the provisions of this Ordinance and may be used for the purposes set forth in the Occupancy Permit. Permitted Use. Any use which does not require special action by the Board before a zoning permit is granted by the Zoning Official. Personal Care Home/Assisted Living Facility. Any premises in which food, shelter, personal assistance or supervision are provided for a period exceeding twenty-four hours for four or more adults who are not relatives of the operator and who do not require the services in or of a licensed long term care facility, but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-medication. Photovoltaic (PV). A semiconductor based device that converts light directly into electricity. Porch, Open. A roofed, open structure, projecting from the front, side or rear wall of the building. Porch, Closed. A closed porch shall have windows on all exterior sides and the area of the windows of the said exterior sides shall be at least 35 percent of the area of the wall of each of the said exposed sides. Glass in doors shall be calculated as window space. Public Grounds. Any: (i) parks, playgrounds and other public area; and (ii) sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities. Recreational Vehicle. A vehicle primarily designed for recreation, camping or travel use which may provide temporary living quarters, such as a trailer, truck camper, motor home or boat. Salvor. A person engaged in the business of acquiring abandoned vehicles for the purpose of taking apart, recycling, selling, rebuilding or exchanging the vehicle or parts thereof. Semi-Nude. A state of dress in which clothing covers no more than the genitals, Page 13 of 95

19 pubic region and areola of the female breast, as well as portions of the body covered by supporting straps and devices. Sexual Activities. The term SEXUAL ACTIVITIES does not include any of the following: a. Medical publications or films or bona fide educational publications or films. b. Any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealings with subjects of art or photography. c. Any news periodical which reports or describes current events and which from time to time published photographs of nude or semi-nude persons in connection with the dissemination of the news. d. Any publications or films which describe and report different cultures and which from time to time publish or show photographs or depictions of nude of semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the populations. Sexual Encounter Center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: a. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or b. Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in the state of nudity or seminudity. Sexually-Oriented Establishment or Business. This term includes without limitation, the following establishments when operated for profit, whether direct or indirect: a. Adult Arcade. b. Adult Bookstore or Adult Video Store. c. Adult Cabaret. d. Adult Motion Picture Theaters. e. Adult Mini-Motion Picture Theaters. f. Adult Motel. Page 14 of 95

20 g. Adult Theater. h. Escort Agency. i. Nude Model Studio. j. Sexual Encounter Center. k. Any premises to which the public, patrons, or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments, or stalls separate from the common areas of the premises for the purpose of viewing sexually oriented motion pictures, or where the entertainer provides adult entertainment of a sexual nature to a member of the public, patron or member. l. An adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, or any other term of like import. The term "booths, cubicles, rooms, studios, compartments, or stalls" for purposes of defining sexually oriented establishments does not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public for the purpose of viewing motion pictures or other entertainment for a fee, and which are not open to persons other than employees. Sexually-Related Facilities. A business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas". Sidewalk Cafés. An extension of the services of an existing establishment, including, but not limited to, serving food and beverages for consumption within an existing building, to the extent that food and beverages are permitted to be served and consumed at tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the establishment is situated. SIGNS, TYPES OF General Definition: A structure that is arranged, intended, designed or used to advertise, announce or direct, or any device, illustration, description or identification posted, painted or placed in any fashion on a building, structure or surface for such a purpose. For the purpose of removal, signs shall also include Page 15 of 95

21 the structure which supports and/or affixes it to any other supporting structure. For the purposes of this ordinance any signboard shall be construed as any billboard or poster panel used for such purposes as set forth in this definition. a. Billboard (Poster Panel): Any structure or part thereof on which lettered or pictorial matter is displayed for advertising purposes. This billboard must be constructed in accordance with Section of this ordinance. b. Ground Sign: A sign supported in or upon the ground surface through the use of a concrete foundation. c. Projecting Sign: A display sign which is attached directly to the building wall and which extends more than fifteen (15) inches from the face of the wall. d. Roof Sign: A display sign which is erected, constructed and maintained above the roof of the building. e. Signboard: A board, panel or tablet used for the display of printed or painted advertising matter. f. Temporary Sign: A display, banner or other advertising device constructed of cloth, canvas, fabric or other light temporary material, with or without a structural frame, intended for a limited period of display which must be defined when seeking permission from the Borough to construct same. g. Wall Sign: A display sign which is attached directly to the building wall and which extends not more than fifteen [15] inches from the face of the wall. At all times this sign must be in compliance with Section 5.303, Item h, of this ordinance. Solar-based Architectural Element. Structural/architectural element that provides protection from weather that includes awnings, canopies, porches or sunshades and that is constructed with the primary covering consisting of solar PV modules, and may or may not include additional solar PV related equipment. Solar Photovoltaic (PV) Related Equipment. Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy. Solar Photovoltaic (PV) System. A solar collection system consisting of one or more buildings and/or ground-mounted systems, solar photovoltaic cells, panels or arrays and solar related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not Page 16 of 95

22 larger than 3,000 kilowatts at other customer service locations and do not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines. Special Exception. A use which because of its unique characteristics requires individual consideration in each case by the Board before a zoning permit may be issued. Specified Anatomical Areas. Include: a. Less than completely and opaquely covered: 1. human genitals or pubic region; 2. buttocks; or 3. female breasts below a point immediately above the top of the areola. b. Human male genitals in a discernible turgid state, even if opaquely covered. Specified Sexual Activities. Includes any of the following: a. Human genitals in a state of sexual stimulation or arousal. b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; c. Acts of human masturbation, sexual intercourse or sodomy. d. Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts. e. Excretory functions as part of or in connection with any of the activities set forth herein. Stormwater Management. Etna Borough Ordinance #1191 and any subsequent amendments. Story. A portion of a building included between the surface of any floor and the surface of the next floor above it, or it there be no floor above it, then the space between the such floor and ceiling next above it. Story, Half. A story under a gabled, hipped or gambrel roof the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet Page 17 of 95

23 above the finished floor or such story. Street. A street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. Structure. Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. Structural Alteration. Any change in the supporting members of a building or structure such as bearing walls, partitions, columns, beams or girders. Substantial Enlargement of a Sexually Oriented Establishment or Business. The increase in floor areas occupied by the business by more than twenty-five (25%), as the floor areas exist on date of enactment of this ordinance or an addition or expansion of more than 2,000 square feet. Terrace. A natural or artificial embankment between a building and its lot lines. The "height of terrace" shall be the difference in elevation between the curb level and the top of the terrace at the center of the building wall. Tracking System. A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism. Trailer. Any vehicle designed to be towed by another motor vehicle. Trailer, Boat. A trailer specifically designed for transporting a boat on public roads.this type of trailer requires no sides or roof. Trailer, Construction. A trailer with both a roof and sides which is used by businesses as temporary storage space or as an office in the performance of its business and normally required at a construction site as part of its equipment during a construction project. Trailer, House. A trailer which is constructed and equipped for use as either a dwelling or sleeping place. A class of house trailer would be a mobile home. Trailer, Livestock. A trailer explicitly designed for the transportation of animals. Trailer, Storage. A trailer with sides and a roof which is not equipped for use as an office, dwelling or sleeping place. Trailer, Utility. A trailer which does not have a roof, may or may not have sides, Page 18 of 95

24 and does not meet the definition of other trailers. In addition, it must use a single axle, single wheel per side arrangement and must not employ a floor (bed) exceeding 8 feet in length. Transfer of Ownership or Control. Of a sexually oriented establishment means and includes any of the following: a. The sale or sublease of the business; b. The transfer of the securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or c. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Unregulated Yard Area. Area not within a building and not in a defined setback or yard area. Vehicle Salvage Yard. Any land or structure which a salvor uses for a salvaging operation of two or more unlicensed, inoperative vehicles. Salvaging includes the storage and sale of vehicular parts or vehicles. Viewing Booths. Booths, stalls, partitioned portions of a room, rooms or other enclosures which are available for viewing: (1) films, movies, videos, or visual reproductions of any kind depicting or describing "specified sexual activities" or "specified anatomical areas"; or (2) persons who appear in a state of nudity or semi-nudity or who offer performances or presentations characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." Yard. An open, unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky, except as otherwise provided herein. Yard, Front. A yard across the full width of the lot extending from the front line of the building to the front line of the lot. Yard, Side. A yard between the building and adjacent side line of the lot extending from the front yard to the rear yard. Yard, Rear. A yard across the full width of the lot extending from the rear line of the building to the rear yard. Zoning Official. The administrative officer charged with the duty of enforcing Page 19 of 95

25 the provisions of this Ordinance. Page 20 of 95

26 ARTICLE 3 - ESTABLISHMENT AND DESIGNATION OF DISTRICTS Establishment of Districts For the purposes of promoting the public health, safety, morals and general welfare of the Borough, the Borough is hereby divided into the following types of districts: R-1 Residential District R-2 Residential District C-1 Central Commercial District C-2 Neighborhood Commercial District C-3 Limited Commercial District I Industrial District I-1 Industrial District ZONING MAP Said districts are bounded as shown by the map entitled Borough of Etna Zoning Map, adopted day of, 1999, which accompanies, and which, with all explanatory matter thereon, is hereby made part of the Ordinance INTERPRETATION OF BOUNDARIES DESIGNATION OF DISTRICT BOUNDARIES The district boundary lines are intended generally to follow the centerlines of streets, the centerlines of railroad rights-of-way, existing lot lines, the mean water level of streams, and other waterways, or municipal boundary lines, all as shown on the Zoning Map; but where a district boundary line does not follow such a line, its position is shown on the said Zoning Map by a specific dimension expressing its distance in feet from the street centerline or other boundary line as indicated DETERMINATION OF LOCATION OF BOUNDARIES. In case of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Official shall request the Zoning Hearing Board to render its determination with respect thereto. Page 21 of 95

27 ARTICLE 4 - DISTRICT REGULATIONS SCHEDULES OR REGULATIONS The restriction and controls intended to regulate development in each district are set forth in the attached Schedules which are supplemented by other sections of this Ordinance APPLICATION OF REGULATIONS Except as hereinafter otherwise provided: a. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used for any purpose or in any manner other than as permitted in the district in which such building or land is located. b. No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designed for the district in which such building is located. c. No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations hereinafter designated for the district in which such building or open space is located. d. No yard or other open space provided around any building for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space on one lot shall be considered as providing a yard or open space for a building on any other lot. e. In case of mixed occupancy, regulations for each use shall apply to the portion of the building or structure or land so used, unless otherwise specified in this chapter PERMITTED USES Any use not designated as a principal use, accessory use or conditional use is specifically prohibited from any district in the Borough. Principal uses are indicated in Schedule I Permitted Uses LOT, YARD AND HEIGHT REQUIREMENTS Page 22 of 95

28 The regulations set forth in Schedule II Lot, Yard and Height Requirements shall apply to all buildings and lots within the several districts respectively, unless otherwise specified in this chapter OFF-STREET PARKING Off-street parking spaces shall be provided for all buildings and structures as set forth in Schedule III Off-Street Parking. All such spaces shall be paved and shall measure not less than nine by twenty feet exclusive of access drives and aisles. Off-site parking spaces may be utilized in any district subject to the following requirements: 1) That permanent easement of the parking facilities in favor of the premises to be benefitted thereby shall be dedicated and recorded as a condition of such use. 2) That the nearest point of the premises utilized for such parking spaces shall not be more than 100 feet walking distance from the nearest point of the premises to be benefitted thereby. Off-street parking spaces shall not be permitted in any required front yard RAZING AND REMOVAL OF STRUCTURES No building or structure shall hereinafter be razed, torn down and removed from the premises until a permit for such work shall have been issued by the Zoning Official. No building or structure shall hereinafter be structurally altered or partially razed to such an extent that said building or structure is unfit for human habitation or usage in accordance with this Ordinance. In such a case of partial razing, such structure or building must either be completely razed and removed from the premises or made fit for usage in accordance with the provisions of the Zoning Ordinance Page 23 of 95

29 SCHEDULE I PERMITTED USES ZONING ORDINANCE BOROUGH OF ETNA ZONING DISTRICT PRINCIPAL USES ACCESSORY USES SPECIAL EXCEPTIONS R1 Residential 1. One-family dwelling 2. Two-family dwelling (duplex) 3. Double house 4. Multiple dwelling apartment, townhouse, and elderly housing 5. Church 6. School (including dormitory for faculty and students) 7. Library 8. Telephone exchange 9. Nursery, horticultural 10. Greenhouse 1. Accessory uses customarily incident to the above uses. 2. A minor garage located not less than sixty (60) feet from the front line if it is a separate building or in a suitable room within or attached to the dwelling. In the case of a corner lot, no wall of the garage shall be nearer the street line than the side line of the main building and it shall be as far from the street as the line fixed by this Ordinance for buildings on adjoining lots or as near thereto as the width of the lot will permit. In the case of a through lot, no wall of the garage shall be nearer to the rear frontage than the line fixed by this Ordinance for buildings adjoining lots. 3. Community garage. 4. A sign or signboard, not exceeding twelve (12) feet in area, appertaining to the lease or sale of the premises 5. A nameplate, not exceeding one (1) square foot in area. 6. A sign or bulletin board, not exceeding twelve (12) square feet in area, erected upon the premises of a church or other institution for the purpose of displaying the name and activities or services therein provided. 7. Parking pads, carport, parking areas, or other required off-street parking. Such requests to construct these items must be accompanied by plans which must be submitted to the Borough Engineer for approval Home occupation. R2 Residential R1 Permitted Principal Uses R1 Permitted Accessory Uses R1 Permitted Special Exception Uses Page 24 of 95