ZONING ORDINANCE BOROUGH OF CLEARFIELD. April, Clearfield Borough Planning Commission

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1 ZONNG ORDNANCE BOROUGH OF CLEARFELD April, 1994 Clearfield Borough Planning Commission Assisted by Adams, Graney and Associates Franklin, Pennsylvania New Wilmington, Pennsylvania THS DOCUMENT WAS FNANCED, N PART, FROM THE SMALL COMMUNTES PLANNNG ASSSTANCE PROGRAM OF THE FEDERAL DEPARTMENT OF HOUSNG AND URBAN DEVELOPMENT, UNDER THE ADMNSTRATON OF THE COMMONWEALTH OF PENNSYLVANA, DEPARTMENT OF COMMUNTY AFFARS.

2 ~ ARTCLE ARTCLE 1 ARTCLE 11 TABLE OF CONTENTS Pase PREAMBLE... 1 Short Title... ii nterpretation... ii DEFNTONS nterpretation of Words Definition of Terms DESGNATON OF DSTRCTS; OFFCAL ZONNG MAP; DSTRCT BOUNDARES; AND COMMUNTY DEVELOPMENT OBJECTVES Designation of Districts Official Zoning Map District Boundaries Community Development Objectives Application of District Regulations NONCONFORMNG LOTS. NONCONFORMNG USES OF LAND. NONCONFORMNG STRUCTURES. NONCONFORMNG USES OF STRUCTURES AND PREMSES AND NONCONFORMNG CHARACTERSTCS OF USE ntent Nonconforming Building or Uses Existing Structures in Flood-Prone Areas ARTCLE V DSTRCT REGULATONS... 1v-1 R-U Residential Urban District... R-S Residential Suburban District... RLB Residential Limited Business... C Commercial District... R-0 Residential Office District... C-H Commercial Highway District... ndustrial District... Conditional Uses and Special Exceptions.. RD Residential Development District... 1v-1 1v-4 1v-6 1v-9 1v-12 1v-14 1v-16 V-18 V-28 ARTCLE V SUPPLEMENTARY DSTRCT REGULATONS... V-1 Reserved... V.1 Reserved... V.1 Control of Traffic. Highway Access and CurbCuts... V.1 Reserved... V.2 Drainage Regulations... V-2

3 ARTCLE V (Continued) TABLE OF CONTENTS (Continued) Pase Reserved... V.3 Garages and Automotive Service Stations... V-3 Height Regulations... V-4 Loading and Unloading Space... V-4 Lot Area and Dimension... V-5 Lots and Lot Access... V-6 Mobile Homes... V-6 Reserved... V-7 Off-street Parking... V-7 Planned Residential Development... V-11 Signs... V-22 Special Uses... V-26 Street Trees... V-27 Strip and Deep Mining... V-27 Structure in Yard Areas... V-27 Storage of Unlicensed Vehicles in Residential Districts... V-28 Vision Obstruction... V-28 Walls and Fences... V-29 Yards... V-29 Parking. Drives and Loading... V-29 Floodplain Regulations... V-30 Activities Requiring Special Permits... V-36 Development Which May Endanger Human Life. V-42 Steep Slopes... V-44 Solid Waste Containers... V-45 Propane Tanks... V-45 ARTCLE V ADMNSTRATVE AND ENFORCEMENT... v1-1 Zoning Officer... Duties of the Zoning Officer... Permits and Certificates... Appeals. Variances. Conditional Uses and Special Exceptions... Violations... Zoning Hearing Board... Appointment... Removal of Members... Organization of Board... Expenditures for Services... Legal Counsel... Hearings... Board's Function... Parties Appellant Before Board... Time Limitations; Persons Aggrieved... Stay of Proceedings... Amendments... v1-1 v1-1 v1-2 v1-4 v1-5 v1-6 v1-6 v1-7 v1-7 v1-7 v1-7 v1-7 v1-10 v1-13 v1-13 v1-14 V-14

4 TABLE OF CONTENTS (Continued) Paqe ARTCLE V (Continued) General. V-14 Petitions V-14 Referral. V-14 Action V-14 Curative Amendments V-15 ARTCLE V1 VALDTY, NTERPRETATON, AND REPEALER.. V-1 nterpretation Validity Repealer Fees Effective Date V-1 V V V V-1

5 ORDNANCE NO. An ordinance establishing Comprehensive Zoning Regulations for the Borough of Clearfield, Clearfield County, Pennsylvania, and providing for administration, enforcement and amendment thereof in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended, and for the repeal of all ordinances in conflict herewith. WHEREAS, Act 247, as amended, empowers Clearfield Borough to enact and/or amend a Zoning Ordinance, applicable to the entire Borough and, which ordinance may permit, prohibit, regulate, restrict and determine: 1. Uses of land, watercourses and other bodies of water. 2. Size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures. 3. Areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards and other open spaces and distances to be left unoccupied by uses and structures. 4. Density of population and intensity of uses and WHEREAS, the Council of the Borough of Clearfield (hereinafter referred to as the Borough Council) deems it necessary and desirable to adopt such an ordinance in accordance with the Borough's Comprehensive Plan, and with consideration for the character of the Borough and its various parts and for the suitability of the various parts for particular uses and structures; which ordinance shall be designed: 1. To encourage, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports, and national defense facilities, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements, as well as 2. To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers; and

6 1 ' WHEREAS, the Planning Commission has given full consideration to the conditions and the objectives hereinbefore listed, and has recommended Zoning Regulations to be applied to all areas of the Borough and that such regulations have been designed with reasonable consideration, among other things, to the character of the areas and their peculiar suitability for particular uses with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Borough; and WHEREAS, the Planning Commission has prepared a proposed Zoning Ordinance and has held a public meeting thereon and has submitted its final report to the Borough Council; and WHEREAS, the Borough Council has given due public notice of hearing to the Zoning Ordinance. NOW, THEREFORE, BE T ORDANED AND ENACTED BY THE BOROUGH COUNCL OF THE BOROUGH OF CLEARFELD, CLEARFELD COUNTY, AS FOLLOWS : Short Title This Ordinance, as amended, shall be known as the "Clearfield Borough Zoning 0rdinance.l nterpretation n interpreting and applyingthe provisions of this Ordinance, they shall be held to be the minimum requirements for the protection of the health, safety, morals and general welfare of the Borough. t is not intended to interfere with or abrogate or annul other rules, regulations or Ordinances of the Borough provided that where this Ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of a building, or requires larger open spaces than are imposed by such other rules, regulations, or Ordinance, the provisions of this Ordinance shall control.

7 1 ARTCLE DEFNTONS Section 100. ntermetation of Words. Unless otherwise expressly stated, the following words shall, for the purpose of this Ordinance, have the meaning herein indicated: The singular includes the plural. The word llpersonll includes a corporation as well as an individual, partnership or any other legal person. The word 1lott1 includes the word 1plot1 or llparcel.ll The term llshalltl is always mandatory. Words used in the present tense shall include the future. The word ttusedtt or lloccupiedll as applied to any land or building shall be construed to include the words tintended, arranged or designed to be used or occupied.l Section 101. Definition of Terms. ACCESSORY BULDNG: A subordinate building, incidental to and located on the same lot as principal building, and used for an accessory use. ACCESSORY USE: A use customarily incidental and subordinate to the principal use or building or structure and located on the same lot with such principal use or building, but separate from the principal structure. ADULT DAY CARE SERVCES: Day care services for adults providing out-of-home care for part of a 24-hour day for more than three (3) persons, excluding care provided by relatives. ALTERATONS: As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. ALTERATONS, STRUCTURAL: Any change in the support members of a building such as bearing walls, columns, beams or girders. APARTMENT, CONVERSON: A dwelling altered by converting an existing dwelling into apartments for three (3) or more families without substantially altering the exterior of the building. APARTMENT HOUSE: A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other. 1-1

8 AREA, BULDNG: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. AREA, NET STE: The total area within the property lines excluding external streets. BASEMENT: A story partly underground but having at least one half of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if used for business or dwelling purposes. BED AND BREAKFAST: An owner-occupied residence offering, for pay, overnight or short-term lodging and breakfast for transient guests. BERTH: An off-street space used for the loading or unloading of cargo, products or material from vehicles. BLLBOARD: A sign indicating a business conducted somewhere other than on the premises, on which advertising matter of any character is printed, posted, or lettered by any means and is designed for such purposes. A billboard may be either free standing or attached to a surface of a building or other structure. BOARDNG HOUSE: Any dwelling in which more than three (3) persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house shall be deemed a boarding house. BULDNG: Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or chattel. ncluded shall be all mobile homes and trailers to be used for human habitation. BULDNG, DETACHED: A building surrounded by open space on the same lot. BULDNG, FRONT LNE OF: The line of that face of the building nearest the front line of the lot. This face includes sun parlors, covered porches and covered patios, whether enclosed or unenclosed but does not include steps. BULDNG, HEGHT OF: The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the main height between eaves and ridge for gable, hip and gambrel roofs. BULDNG LNE: That line established by the required minimum setback from the street right-of-way for buildings and/or 1-2

9 ' structures for the district involved. The building line shall be the point at which the lot width shall be measured. BULDNG PERMT OFFCER: The Zoning Officer of Clearfield Borough. BULDNG, PRNCPAL: A building in which is conducted the principal use of the lot on which it is located. CAMPNG-GROUND: A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind. CARPORT: See Garage, Private. CELLAR: A story partly underground and having more than one half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining.the permissible number of stories. COMMERCAL RECREATON (NDOOR): A facility which offers various indoor recreational opportunities for its patrons including such games as: pool, billiards, video games and similar pursuits, but excluding bowling alleys. COMPLETELY DRY SPACE: A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor. CONDTONAL USE: A use permitted in a particular zoning district pursuant to the criteria of this Ordinance and in accordance with the provisions of the Pennsylvania Municipalities Planning Code. CONSTRUCTON: The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes. CONVENENCE STORE: A retail establishment of limited size, designed for the sale of newspapers, sundries, groceries, freshly prepared foods and gasoline (and sometimes diesel fuel) but does not provide repair services, tire sales, or similar activities. CONVERSON APARTMENTS: The conversion of an existing residential structure (built before 1993) to an apartment building when allowable under this Ordinance and other applicable Borough regulations. COVERAGE: That percentage of the plot or lot area covered by the area of all buildings on the lot. DAY CARE FACLTES: For children - provides out-of-home care for part of a 24-hour day to children under sixteen (16) years of age, excluding care provided by relatives. For the purpose of this 1-3

10 , ' ' R, Ordinance, Day Care Facilities are divided into the following types : FAMLY DAY CARE HOME: s any premise operated for profit or not for profit, in which day care is provided at any one time to four (4), five (5), or six (6) children. A Family Day Care Home may be operated from a single-family dwelling. GROUP DAY CARE HOME: s any premise operated for profit or not for profit in which day care is provided at any one time for more than six (6) but less than twelve (12) children and where the child care areas are being used as a family residence. CHLD DAY CARE CENTERS: s a facility in which care is provided for seven (7) or more children at any one time and the child care areas are not being used as a family residence. To qualify as a Day Care Facility, these uses must secure any needed State permits or licenses. DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land. DEVELOPMENT PLAN: The provisions for development, including a planned residential development, a plat of subdivisions, all covenants relating to use, location and bulk of buildings and other structures, intensity of use and or density of development, streets, ways and parking facilities, common open space, and public facilities. The phrase "provisions of the development plan" when used in this Ordinance shall mean the written and graphic material referred to in this definition. DOG KENNEL: The keeping of more than three (3) dogs that are more than six ( 6) months old. DORMTORY: A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery or other similar institutional use. DWELLNG: A building designed for residential occupancy as the living quarters for one (1) or more families. The terms tdwelling, ttone-family dwelling, 'multiple dwelling, Vwo-family dwellingt1 or ttdwelling grouptt shall not be deemed to include automobile court, rooming house, tourist home, motel or hotel. 1-4

11 :! DWELLNG, ONE-FAMLY: A building designed for or occupied exclusively by one (1) family. DWELLNG, ONE-FAMLY DETACHED: A building accommodating but a single-family and having two (2) side yards. DWELLNG, TWO-FAMLY: A building designed specifically for or occupied exclusively by two (2) families living independently of each other and of one-story or two-story design. DWELLNG, MULTPLE: A building used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, condominium and group houses. DWELLNG, TOWNHOUSE: A dwelling having at least one (1) wall in common with an adjacent section, each section is designed for occupancy by one (1) family, shall not exceed two (2) stories in height, but may include a cellar and a storage space below the first floor and storage space in areas under gthipgg and tgablegg roofs and shall not exceed eight (8) contiguous sections. DWELLNG UNT: A building or portion thereof providing complete housekeeping facilities for one (1) family. ELECTRC SUB-STATON: An assemblage of equipment for purpose other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public. ESSENTALLY DRY SPACE: A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water. ESSENTAL SERVCES: Services and utilities needed for the health, safety and general welfare of the community, such as underground, surface, or overhead electrical, gas, telephone, steam, water, sewerage, and other utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which it is located. FAMLY: One (1) or more persons who live together in one (1) dwelling unit and maintain a common household. May consist of a single person or of two (2) or more persons, whether or not related by blood, marriage, or adoption. May also include domestic servants and gratuitous guests. FENCE: An artificially constructed barrier of any material, or combination of materials, erected to enclose, screen or separate areas. (See also Section 522.) 1-5

12 FLOOD: A temporary inundation of normally dry land areas. FLOODPLAN: See definition of flood-prone area. FLOODPROOFNG: Means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. FLOOD-PRONE AREA: A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source. FLOODWAY: The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude. FLOOR AREA OF A BULDNG: The sum of the gross horizontal areas of the several floors of the building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to business or dwelling purposes but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls. FLOOR AREA, HABTABLE: The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, utility rooms, bathroom, closets, non-heated areas such as enclosed porches, nor rooms without at least one (1) window or skylight opening onto an outside yard or court. At least (1/2) of the floor area of every habitable room shall have a ceiling height of not less than seven (7) feet and the floor area of that part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the habitable floor area. The minimum total window area, measure between stops shall be ten (10) percent of the habitable floor area of such room. GARAGE, PRVATE: An enclosed or partly enclosed space for the storage of one (1) or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one (1) car is leased to a non-resident of the premises. For the purposes of this Ordinance, the term "private garage" shall include the term llcarport. GARAGE, PUBLC: Any garage not a private garage, and which is used for storage, parking, repair, rental, servicing or supplying of gasoline or oil to motor vehicles. GROUP HOME: A private residence which is operated as a non-profit or for-profit facility for four (4) or more disabled people, not 1-6

13 1 related by blood, marriage or adoption to the operator, which, in addition to providing food and shelter, also provides some combination of personal care, social or counseling services and transportation. f a license or permit is required to operate a particular group-home facility from a federal or state agency, such license or permit will be required. HOME OCCUPATON: An accessory use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. HOSPTAL: A place for the diagnosis, treatment or other care of humans and having facilities for in-patient care including such establishments as a sanatorium, sanitarium and preventorium. HOTEL: A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building. DENTFED FLOOD-PRONE AREA: The floodplain area specifically identified in this Ordinance as being inundated by the one hundred (100) year flood. ncluded would be areas identified as Floodway (FW), Flood-Fringe (FF) and General Flood Plain (FA). JUNK YARD: See Scrap Yard. LAND DEVELOPMENT: (i) The improvement of one (1) lot, or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving (a) a group of two (2) or more buildings, of (b) the division or allocation of land or space between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; (ii) a subdivision of land. LAUNDROMAT: A business premises equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use such as in the case of an apartment house. LNE, STREET: The dividing line between the street right-of-way and the lot. LOT: A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. LOT OF RECORD: A parcel of land held in single and separate ownership described by a recorded deed or other legal instrument 1-7

14 which may or may not conform to the minimum regulations required herein. LOT, CORNER: A parcel of land at the junction of, and fronting on, two (2) or more intersecting streets. LOT, NTEROR: A lot other than a corner lot. LOT, THROUGH: An interior lot having frontage on two (2) parallel or approximately parallel streets. LOT LNES: The lines bounding a lot as defined herein. MNOR REPAR: The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep; but not including any addition, change, permanent fixtures or equipment. MOBLE HOME: A transportable, single-family dwelling intended for permanent occupancy, contained in one (1) unit, or in two (2) or more units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site, complete and ready of occupancy, except for minor and incidental unpacking and assembly operations. (Subject to the Act of May 11, 1972 [P.L. 286, No. 701, known as the "ndustrialized Housing Act," and to Title V [Public Law , referred to as the Federal Mobile Home Construction and Safety Standards Act of 1974, and subject, as appropriate, to the Borough's building codes. ) The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than one hundred eighty (180) consecutive days. MOBLE HOME LOT: A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home. MOBLE HOME PARK: A parcel or contiguous parcels of land under single ownership which has been so designated and improved that it contains two (2) or more mobile home lots for the placement thereon of mobile homes. MOBLE HOME, PERMANENT: Shall be construed to mean an independent mobile home with wheels, tow bar or other means of propulsion removed and the unit firmly affixed to a permanent foundation which is located on a lot in accordance with the controls, regulations and standards set forth for the district in which the mobile homes are to be located: A permanent foundation shall be of masonry construction upon footers set below frost line and oriented to the frame of the mobile homes so as to provide a weathertight joint on all four (4) sides. (See also Section 511.) 1-8

15 1 ~ NONCONFORMNG LOT: A lot the area or dimension of which was lawful prior to the adoption or amendment of this Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment. NONCONFORMNG STRUCTURE: A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this Ordinance or an amendment hereafter enacted, where such structure lawfully existed prior to the enactment of this Ordinance or amendment or prior to the application of this Ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. NONCONFORMNG USE: A use, whether of land or structure, which does not comply with the applicable use provisions of this Ordinance or amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of this Ordinance or amendment or prior to the application of this Ordinance or amendment to its location by reason of annexation. NURSNG OR CONVALESCENT HOME: Any structure containing sleeping rooms where persons are housed or lodged and furnished with meals and nursing care. OBSTRUCTON: Any wall, dam, wharf, embarkment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and ' property. ONE HUNDRED YEAR FLOOD: A flood that, on the average, is likely to occur once every one hundred (100) years [i.e./ that has a one (1) percent chance of occurring each year, although the flood may occur in any year]. OPEN SPACE: A space, not occupied by a structure, open to the sky and on the same lot with the building or structure. PARKNG SPACE: The area required for parking one (1) automobile, which in this Ordinance is held to be an area of not less than one hundred eighty (180) square feet, nine (9) feet wide and twenty (20) feet long, plus space for access and passageways. PERSONAL CARE BOARDNG HOME FOR ADULTS: A premise in which food, shelter, personal assistance or supervision are provided for a period exceeding 24-consecutive hours for more than three (3) adults who are not relatives of the operator and who require 1-9

16 assistance or supervision in matters as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing or intermediate care facility. PLANNED RESDENTAL DEVELOPMENT: An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance. PLAT: A map, plan or layout of a subdivision indicating the location and boundaries of individual properties. PREMSES: Any lot, parcel or tract of land and any building constructed thereon. QUARRY, SAND PT, GRAVEL PT, TOP SOL STRPPNG: A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or top soil for sale or for processing into a product for sale, and exclusive of the process of grading a lot preparatory to the construction of a building. RECREATON VEHCLE: A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and selfpropelled motor homes. REGULATORY FLOOD ELEVATON: The one hundred (100) year flood elevation plus a freeboard safety factor of one and one-half (1-1/2) feet. RECREATON VEHCLE PARK: A tract of land: a. Where two (2) or more recreation vehicles are parked, or b. Which is used or held out for the purpose of supplying to the public a parking space for two (2) or more recreational vehicles. RDNG ACADEMY: Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment. SANTARUM, SANATORUM: A private hospital, whether or not such facility is operated for profit. 1-10

17 1 SCRAP YARD: A lot, land or structure, or part thereof, used primarily for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof. Such uses shall be classified as industrial. SCREEN PLANTNG: Screen planting for this Ordinance shall mean an evergreen hedge at least six (6) feet high, planted in such a way that it will block a line of sight. The screening may consist of either one (l), or multiple rows of evergreen bushes or trees. SERVCE STATON, AUTOMOTVE: Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing such motor vehicles. Automotive parts may be sold. SHOPPNG MALL (CENTER): A group of retail business and service uses on a single site with common parking facilities. This term will also include a single retail operation where the gross floor area is thirty thousand (30,000) square feet or more. SGN: Any structure, building, wall, or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device, or other representations used for announcement, direction, advertisement or identification. The word 1sign1l includes the word "billboard, l1 but does not include the flag, pennant, or insignia of any nation, state, city or other political unit, nor public traffic or directional signs. The "area of a sign" shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background, including framework and bracing which is incidental to the display itself, when viewed from its widest silhouette. Where the sign consists of individual letters or symbols attached to or painted on a surface, the area shall be considered the smallest rectangle which can be drawn to encompass all of the letters and symbols. SGN, ADVERTSNG: A sign which directs attention to a business, profession, service or industry, conducted, sold, manufactured, assembled or offered for sale other than upon the premises where the sign is displayed. SGN, BUSNESS: A sign which directs attention to a business, profession or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises upon which it is displayed. 1-11

18 ' SPECAL EXCEPTON: A use permitted with special permission granted by the Zoning Hearing Board, to occupy and use land and/or a building for specific purposes in accordance with the criteria set forth in this Ordinance when such use is not permitted by right. SPECAL PERMT : A special approval which is required for hospitals, nursing homes, jails, and new mobile home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain. STABLE, PRVATE: A building in which one (1) or more horses are kept for private use and not for hire, remuneration or sale. STABLE, PUBLC: A building in which one (1) or more horses are kept for remuneration, hire or sale. STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it. STORY, HALF: A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story. STREET: A public right-of-way which affords principal means of access to abutting properties. STRUCTURE: Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, the word structure is to include antenna and satellite dish antennas. Mobile homes are structures. SUBDVSON: The division or redivision of a lot, tract, or parcels of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or divesees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than then (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. SUBSTANTAL MPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure as been damaged, and is being restored, before the damage occurred. 1-12

19 1 1 1 THEATER, MOVNG PCTURE: A building or part of a building devoted to the showing of moving pictures on a paid admission basis. TOURST HOME: A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. TRALER: See Recreation Vehicle. USE: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term ttpermitted usett or its equivalent shall not be deemed to include any nonconforming use. YARD: An unoccupied space, open to the sky, on the same lot with a building or structure. YARD, FRONT: A yard extending the full width of the lot and situated between the street right-of-way line and the required setback line projected to the side lines of the lot. The depth of the front yard shall be measured between the required setback line and the street right-of-way line. YARD, REAR: A yard extending the full width of the lot and situated between the rear line of the lot and the line establishing the required rear yard projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the adjacent right-of-way line of the alley or street if there be any alley or street, and the line establishing the rear yard. YARD, SDE: A yard situated between the line establishing the required side yard area and the adjacent side line of the lot and extending from the front yard to the rear yard. Any yard not a rear yard or a front yard shall be deemed a side yard. YARD, CORNER LOT: Corner lots have two (2) front yards, one (1) side yard and one (1) rear yard. The front yard on the long dimensions is normally the secondary front, and the setback may at times be modified. ZONNG OFFCER: The Zoning Officer of the Borough of Clearfield, or his/her authorized representative. 1-13

20 ARTCLE 1 DESGNATON OF DSTRCTS; OFFCAL ZONNG MAP; DSTRCT BOUNDARES; AND COMMUNTY DEVELOPMENT OBJECTVES Section 200. Desianation of Districts. For the purposes of this Ordinance, the Borough is hereby divided into districts which shall be designated as follows: R-U R-S RLB R-D R-0 C C-H FW FF Residential Urban District Residential Suburban District Residential Limited Business District Residential Development District Residential Office District Commercial District Commercial Highway District ndustrial District (Floodway Area) - the areas identified as tfloodwaytt in the Flood nsurance Study prepared by the FA. (Flood-Fringe Area) - the areas identified as ttfloodway Fringe" in the Flood nsurance Study prepared by the FA. Section 201. Official Zoninq Map. The Borough is hereby divided into districts as shown on the Official Zoning Map which, together with all supplementary matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance. The Official Zoning Map shall be identified by the signature of the Borough Official properly attested and shall bear the Borough seal. No changes of any nature shall be made in the Official Zoning Map except in conformance with procedures set forth under this Ordinance and the Pennsylvania Municipalities Planning Code, as amended. Section 202. District Boundaries. A. The boundaries of the districts shall be as shown upon the Official Zoning Map. For the purposes of this Ordinance, the areas considered to be flood-prone within the Borough of Clearfield shall be those areas identified as being subject to the one hundred (100) year flood in the Flood nsurance Study prepared for the Borough of Clearfield by the Federal nsurance Administration dated March 5, 1979, or the most recent revision theresf. 11-1

21 map showing all areas considered to be flood-prone is available for inspection at the Borough of Clearfield offices. A B. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: Boundaries indicated as approximately following the centerline of streets, highways, alleys or railroads shall be construed to follow such centerlines. Boundaries indicated as approximately following platted lot lines or borough limits shall be construed as following such lot lines. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 3 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map; or in other circumstances not covered by subsection 1 through 4 above, the Zoning Hearing Board shall interpret the district boundaries. Where a district boundary line divides a lot which was a single ownership at the time of passage of this Ordinance, the Zoning Hearing Board may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot provided that such extension does not extend the district boundary along any street or road. Section 203. Community DeveloDment Objectives. These zoning regulations are designed to promote and effectuate the following Community Development Objectives: A. Achievement of the highest and best use of land. B. Protection of transportation corridors. 11-2

22 1 P ; 1 C. D. E. F. G. H.. J. K. L. The establishment of a realistic population density control. To effectuate a logical road and street pattern designed to adequately serve business, industry and residence and insofar as possible maintain a separation necessary to protect the neighborhood environment. To guide development with a view to providing adequate and economical community facilities and utilities. To achieve adequate public protection. To permit economical installation of sanitary sewers and treatment facilities. To effectuate the Future Land Use Plan including the preservation of natural amenities and resources. To ultimately eliminate polluting factors and pollutants from water and air. To provide an area around the Clearfield Hospital to allow for the orderly provision of medical, health and office uses while protecting nearby residences. To allow districts of mixed residential and commercial uses targeted for heavily traveled transportation corridors. To provide for the creative use of existing residential structures in the older sectors of Clearf ield while maintaining historic and residential integrity of such neighborhoods. Section 204. Application of District Requlations. A. The regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided: 1. No building, structure or land shall hereafter be used or occupied, and no building, or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. 2. No building or other structure shall hereafter be erected or altered: a. to exceed the height or bulk; 11-3

23 b. to accommodate or house a greater number of families; c. to occupy a greater percentage of lot area; d. to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner contrary to the provisions of this Ordinance. 3. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building. 4. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance., 11-4

24 1 ~ ARTCLE 11 NONCONFORMNG LOTS, NONCONFORMNG USES OF LAND, NONCONFORMNG STRUCTURES, NONCONFORMNG USES OF STRUCTURES AND PREMSES AND NONCONFORMNG CHARACTERSTCS OF USE Section 300. ntent. Within the districts established by the Ordinance, or amendments that may later be adopted, there exists: (a) lots; (b) structures; (c) uses of land and structures; and (d) characteristics of use which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendment. t is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. Section 301. Nonconforminq Buildins or Uses. A. Property owners may request a Certificate of Nonconformance from the Zoning Officer. The Zoning Officer shall only issue such a certificate if the Officer can clearly establish the property in question is a legal nonconforming use, lot, or structure. f such a request is denied, appeal can be taken to the Zoning Hearing Board. B. Continuation. Any unlawful use of a structure or land existing at the effective date of this Ordinance, may be continued although such use does not conform to the provisions of this Ordinance. Such uses may be sold or otherwise transferred to other owners and continued as nonconforming uses

25 C. Extensions. 1. A nonconforming use of a building may be extended throughout the building if no structural alterations are made therein; provided that such extension may include structural alterations when authorized as a special exception. 2. A nonconforming use may be extended upon a lot occupied by such use and held in single and/or separate ownership at the effective date of this Ordinance when authorized as a special exception; provided that any extension or enlargement shall conform to the area, height and setback regulations of the district in which it is situated, and further provided that each extension does not replace a conforming use, or extend beyond an area equivalent to the minimum area permitted for a same or similar use in a zone permitting such use. D. Changes. A nonconforming use of a building or land may be changed to a use of an equal or more restricted classification or to a conforming use, but, such use shall not thereafter be changed to a use of less restricted classification. E. Restoration. A nonconforming building and/or structure which has been damaged or destroyed by fire or other causes to the extent that replacement cost will exceed fifty (50) percent of its real value prior to damage, or a nonconforming building which has been legally condemned, may not be reconstructed and used for any nonconforming use unless authorized by special exception and subject to regulations designed to minimize any adverse affects on conforming uses. F. Abandonment. f a nonconforming use of a building or land ceases for a period of one (1) year or more, subsequent use of such building or land shall be in conformity with the provisions of this Ordinance. G. Reserved. H. Building Permits for Uses that will be Rendered Nonconforming. n a case where a building permit has been issued prior to the effective date of this Ordinance and the proposed use of land and/or building does not conform with this Ordinance, said proposed use shall be regulated by the nonconforming use requirements of this Ordinance and shall be considered the same as a lawful nonconforming use if construction other than excavation and foundations, is undertaken within a period of thirty (30) calendar days after the issuance date of said building permit and construction thereof is completed within twelve (12) calendar months from the issuance date of the building permit

26 1, 302. Existins Structures in Flood-Prone Areas. A. Structures existing in any identified flood-prone area prior to the enactment of this Ordinance, but which are not in compliance with these provisions, may continue to remain subject to the following: 1. Existing structures located in any identified floodway area shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements. 2. Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or floodproofed to the greatest extent possible. 3. Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value, shall be undertaken only in full compliance with the provisions of this Ordinance

27 i Section 400. ARTCLE V DSTRCT REGULATONS R-U Residential Urban District. A. Purpose. To design a pattern of controls that would protect the existing character of the district, enhance insofar as possible existing investments, and to provide for future development that would guarantee a continued economically sound district within the Borough. n practical terms, the R-U District reflects the most intensely developed area in the Borough. Therefore, future development should emphasize the provision of needed open space and increased population density through intelligent use of multi-family structures controlled by logical coverage regulations. B. Permitted Uses and Structures. 1. Multiple-family dwellings. 2. Conversion apartments not to exceed three (3) families per structure. No fire escapes shall be erected on a wall facing a street. 3. Two-family dwellings. 4. One-family detached dwellings. 5. ndividual mobile homes (511.B et. seq.). C. Permitted Nonresidential Uses and Structures. 1. Churches and similar places of worship, parish house, convent. 2. Public parks, public playgrounds, municipal areas. 3. Municipalbuildings, public libraries, museums, and radio stations. 4. Philanthropic institutions, hospitals, medical centers, YMCA and YWCA. 5. Essential services. D. Permitted Accessory Uses and Structures. V-1