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ZONING ORDINANCE BOROUGH OF NEW MILFORD SUSQUEHANNA COUNTY

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Page 1: ZONING ORDINANCEelibrary.pacounties.org/Documents/Susquehanna... · Dwelling, Single-family. A detached b. Dwelling, Two-family. A detached or building, designed for or occupied e:

ZONING ORDINANCE

BOROUGH OF NEW MILFORD SUSQUEHANNA COUNTY

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The Borough of New Milford

Article 1. 1.100 1.200 1.300 1.400 1.500 1.600 1.700 1.800 1.900

Table of Contents

GENERAL PROVISIONS Short Title Application of Ordinance Purpose-of the Ordinance Community Development Objectives Interpretation Effective Date Supplemental Legislation Saving Clause and Conflicts Repealer . . .

Article 2. DEFINITIONS 2.100 Applicable Definitions

Article 3 . ESTABLISHMENT OF ZONING DISTRICTS 3.100 Names of Zoning Districts 3.200 Zoning Map 3.300 Interpretation of Boundaries

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Article 4. BASIC DISTRICT REGULATIONS 9.100 Basic Regulations 4.200 Uses in Zoning Districts .

Schedule I. Regulations Governing the Use of Land Schedule 11. Regulations Governing the Size of Lots,

Yards and Buildings for Permitted Uses 4.300 U s e Classes 4.400 Regulations Governing Exceptions

5.100 5.200 5.300 5.400 5.500 5.600 5.700 5.800

_ _ ... . --.- .--- . Article 5. SUPPLEMENTARY DISTRICT REGULATIONS

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Permitted Deviations for Required Areas Unique Lots and Building Locations Accessory Structures and Uses Signs Off-street Parking and Loading Non-conforming Uses, Buildings, and Lots Conforming Uses and Buildings Excavations

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Table of Contents Cont'd

Article 6. SWIMMING POOLS 6.100 Enclosures 6.200 Locations and Setbacks 6.300 Safety 6.400 Drainage and Discharges 6.500 General

Article 7. ADMINISTRATION AND ENFORCEMENT 7.100 General Procedure 7.200 Zoning Officer 7.300 Zoning Hearing Board 7.400 7.500 Variances 7.600 Appeals and Public Hearings 7.700 Amendments 7.800 Violations 7.900 Filing Fees

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Zoning and Occupancy Permits and Certificates

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ZONING ORDINAfJCE FOR THE BOROUGH of

NEW X I L F O R D , PENNSYLVANIA

An OrdinancE'2ividinq the 3orouqh of New Milford into districts and rcs?ul2tinc the use of land and the location, use and density of bsildinss within these districts and providing for the administra- t i o n 2nd enforcsne2t of this Ordinance.

Ths Sa2rouqh Council of the Borough of New Milford hereby ordains and 13acts as follows:

.A?.TICLE I - GENERAL PROVISIONS S%(32T TITLZ . This Ordizance shall be known and.cited as the "Borough of X5T.q * y i l f o % - G zaninq Ordinance. 'I

- 2 _- 33LIC.~..TIC?J G5' CXDINANCE

XC b i : i l d i > ~ , strgcture or land shall be used or occupied 3r.C xc) S i l i l Z i n c or part thereof shall be erected, moved,

". 5b- - -.,? >

rsF,a:rt5. p'--y:";: .-- ----

prehensi;.e ?lan which is designed to promote public health, safety, m o r a i i t g ~ ar,d the general< welfare, encourage the m c s t apFroprlace use of land, conserve and stablilize the

axd air, and to prevent the spread of fire, prevent undue csncentrations of population, and lessen congestion of s z r e e c s axc hignways.

- . :-:-1:z?.s5 C Y s t r ~ c t x r z l l : ~ altered unless in confo-nity r2;~lations ~f this Ordinance, except that any

ay. . _ _ l-LiL.y = - ' q2-. sa,,; ULI'-~nq 1 < . cr iise may be continued, maintained, or

I'ircinance is hereby adopted in accordance with a corn- _ C d ' 4 ' Z -22 CRDTYAYCE

m; :

:.- J-l::s of ?rogerty, provide adequate open spaces for light

In ~ x r s u a n c e zo the Pennsylvania Municipalities Planning Ccdz as axedec7, the following community development ob- jecti-ies have been established:

1. TO s~imuiate economic growth within ::?e csm1.ni tv .

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3 . To provide for a variety of dwelling types and to provide housing oppor- tunities for a side cross section of the population. To sustain a high quality of neigh- borhoods and to protect individual property values. To foster, provide and maintain a sound tax structure. To Preserve the natural, scenic, historic, and aesthetic character of New Milford, while safe guarding it against adverse environmental impacts and controlling and regulating its orderly growth, development, and maintenance. .

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1.500 INTERPRETATION In the interpretation and the application of the provisions of this Ordinance, shuch shall be limited to the minimum re- quirements for the promotion of the health, safety, morals, and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations, or ordin- ances, provided that where this Ordinance imposes greater restrictions upon the use of buildings or premises, or upon the height or b u l k of a building, or requires larger open spaces, the provisions of this Ordinance shall prevail.

This Ordinance shall take effect immediat'ely subsequent to the enactment hereof.

1.600 EFFECTIVE DATE

1.700 SUPPLEMENTAL LEGISLATION Planning Code This Ordinance hereby adopts Articles I, VI, IX, X of the Pennsylvania Municipalities Planning Code, Act 247 of 1968 as amended by Act 93 of 1972, and Acts 1 9 4 and 272 of 1974, hereinafter referred to as the Planning Code. Planning Code is in conflict with any portion of this Ordinance, that portion of the Planning Code shall prevail.

Where any portion of the

1.800 S A V I N G CLAUSE AND CONFLICTS Saving Clause That nothing in this Ordinance hereby adopted shail be construed to affect any suit or proceeding pendinq in any court, or any rights acquitted or existins under any act or ordinance hereby -repealed or cited in this ordinance, nor shall any just or legal right or rsmedy

this Ordinance. 0.f any character be lost, impaired, or ar;ectea.By - -

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Conflicts In any case where a conflict exists between any por- tion of this Ordinance or of any other Ordinance, the more restrictive portion shall have precedence and shall prevail.

1.900 REPEALER

All prior ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed only to the extent of such inconsistency.

ARTICLE 2 - DEFINITIONS 2.100 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 "building" shall in- clude the word "structure:" and 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. I'

Accessory Use or Structure. subordinate to and located on the same l o t as the principal use or building and servinq a purpose customarily incidental to t h e use of the principal building. Alley. A public or private way affording only secondary means of access to abutting property. Apartment. A general term referring to multi- family dwelling. Board. The Zoning Hearing Board of the Borough of New Milford, hereinafter referred to as "Board. I'

A use or building

Boarding House. A house at which board, or board and l odg ing may be obtained for payment, the living accommodations offered to permanent lodgers or boarders, as distinguished from transient guests. Building. by columns or walls, used for the shelter, housing or enclosure of persons, animals or property.

Building Height. measarea from the averace lelyel of the hiqhest and lcwesr Fortion of tke 3 u i l Z i n q site covered by the building to the ceiling of the upoermost s t o r y , unless otherwise specified in this Ordinance.

Any structure having a rcof szppcrte2.

The vertical distance of a building

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Building, Principal. ducted the main or principal use of the lot on which it is situated.

A building in which is con-

Commission. Borough of New Milford.

The Planning Commission of the

Condominium. following characteristics:

An ownership arrangement with the

1. The unit (the interior and associated exterior areas designated for use in the development plan) is owned by the occupant.

2. The unit may be any permitted type of structure. 3 . All ~. or a portion of the exteriol;open

space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Unit Property Act .of July 3, 1963 P.L. 196 and in accor- dance with provisions for open space, roads or other development features in the Zoning Ordinance and Subdivision and Land Use Regulations.

Council. of New Milford.

The Borough Council of the Bourough

District or Zone. A portion of the territory of the Borough within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance. Dwelling. designed or used primarily as the residence or sleeping place of one or more persons. The term dwelling shall not be deemed to include an automobile, court, rooming house, tourist home, hotel, hospital or nursing home.

Any building, vehicle or portion thereof

a . Dwelling, Single-family. A detached

b. Dwelling, Two-family. A detached or

building, designed for or occupied e:<- clusively by one family.

semi-detached building where not more than two individual fanilies or dwel l ing units are entirely separated by vertical walls or horizontal floors, unpiercecl ex- cept for access to the outside or to # I common cellar.

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c. Dwelling, Mobile Zome. A vehicle, or part thereof, used for permanent living or sleep- ing quarters and standing on wheels or on rigid supports, except for a travel trailer as defined herein, and containing not more than one dwelling unit, but excluding pre- fabricated homes or sections thereof.

signed for occupancyby three ( 3 ) or more families living independently of each other, and containing three ( 3 ) or more dwelling units.

d. Dwelling, Multi-family. A building de-

Such buildings shall consist of the follow- ing types: 1. Limited Apartments. A multi-family

dwelling containing 3 to 5 dwelling units and not exceeding 2+ stories in height.

2. Row Houses. A multi-family dwelling containing 3 to 6 dwelling units, and not exceeding 2% stories in height, having a solid masonry fire-wall be- tween each unit and individual sepa- rate access from the outside to each unit.

dwelling containing 6 or more dwelling units and not exceeding 3 stories in height.

4 . Mid-rise Apartment. A multi-family dwelling originally designed or altered for use primarily or exclusively as a residence for more than ten (10) '

dwelling units and being not less than three ( 3 ) stories in height.

3. Garden Apartment. A multi-family

Dwelling Unit. One (1) or more rooms, including a kitchen (or kitchenette) and sanitary facilities in a dwelling structure, designed as a unit for occu- pancy by not more than one (1) family for living and sleeping purposes. Essential Services. utility facilities that do not require enclosure in . a building, including gas, electrical, steam, tele- phone, or water distribution systems; and including related equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, Golice call boxes, traffic siqnals, hydrants, and other similar equiFment.

Essential services are public

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ExceDtion. teristics requires individual consideration in each case by the Board and by the Commission before a zaning permit may be issued. Family. sons living together as a household in a dwelling unit. Garage, Private Parking. thereof used f o r the storage of automobiles by the families resident upon the premises or by individuals residing in the immediate vicinity of such storage facilities. Garage, Public Parking. thereof, other than a private garage, used f o r the storage, sale, hire, care, repair or r'&finishing of automobiles. Home Occupation. An activity for gain customarily carried on in a dwelling or in a building or struc- ture accessory to a dwelling, such activity being clearly incidental and secondary to the use of the use of the dwelling for residential purposes. Hotel. ents and residents with lodging in rooms which are united under one roof having a common main entrance and with nearby parking space. Junk. Junk shall include any automobile, truck, or trailer unless within the preceding twelve months said automoble, truck or trailer did have a valid inspection sticker, and mined, processed, or manu- factured goods that are worn, deteriorated, dis- carded, or obsolete as to be unusable in their ex- isting condition, but may be subject to being dis- mantled and salvaged. Junk Yard. vaged materials are bought, sold, exchanged, stored, baled, cleaned, packaged, disassembled or handled, including auto wrecking Yards, house wrecking yards, used luqber yards and places in yards for use of salvaged house wrecking and structural steel materials and equipment, but excluding enclosed building, and excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable cmdi- tion, salvaged machinery, used furniture and house- hold equipment and the processing of used, discarded or salvaged materials as part of manufacturing op- erations.

A use which because of its unique charac-

Either an individual, or two or more per-

A building or portion

A structure or portion

A commercial establishment providing transi- -

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A place where waste, discarded, or sal-

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Lot or Zone Lot. or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this Ordinance, and 'having frontage on a public street.

A piece or parcel of land occupied

a. Lo.t, Corner. A lot situated at and abutting the intersection of two ( 2 ) streets having an interior angle of intersection not greater than one hundred thirty-five (135) degrees.

b. Lot, Depth. The mean horizontal distance be- tween the front and the rear lot lines.

c, Lot Lines. The property lines bounding the lot

d.

1. Lot Line, Front. The property boundary line separating the lot from the street legal right-of-way-line.

2 . Lot Line, Rear. The lot line opposite and most distant from the front l o t 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. Lot Line, Street or Alley. separatinq the lot from a -

Lot Width. The average horizo measured between the side lot to the front lot line.

S n 1

A lot line treet or alley. tal distance as ines and parallel

e. Lot Area. The computed area contained within the l o t lines.

Motel. ging, typically in bedrooms which are united under one roof, but have individual entrances and with nearby parking spaces. Nonconforming Lot. Any zone lot which does not conform with the minimum width, depty or area dimensions speci- fied for the district in which said lot is situated. Nonconforming Use or Building. or use existing at the effective date of this Ordin- ance which does not conform to the requirenents of

ing; or a building structure or use, planned and with construction started in compliance with existinq laws prior to the effective date of this Ordinance and completed within one year followin9 the effective date of this Ordinance, and which Eoes not conform with the use regulations of the district in which located. No existing use or building shall be considered. a noncon- formins use if only the yares, arsa, height, coverage

conform with the regulations of this Ordinance.

A roadside hotel providing transients with lod- v

A building, structure

th; c Ordinance but which is otherwise legally exist-

dizensions, or oiZ---'= - - sL,,eiz par.':ing or loading do not

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Nursing Home. taining sleeping rooms used by persons who are lodged and furnished with meals and nursing care. Parking Area, Private. An open area for the same uses as a private garage. Parking Area, Public. An Open area, other than a street or other public way, used for the parking of vehicles and available to the public whether for a fee, free, or as an accommodation to clients or customers. Permitted Use. action by the Board and by the Commission before a zoning permit may be granted by the Zoning Officer. Person. Any natural person, association, partnership, firm, corporation, society or club, whGther profit or non-profit. Professional Office. The use of office and related space for such professional services as are provided by physician, dentist, optometrist, clergyman, lawyer, teacher, author, realtor, insurance agent, accountant, or other professions of like character. Right-of-way. Any road, street, alley, sidewalk, pas- sageway, porch or entrance intended, regardless of own- ership, to serve as an area to be utilized by the gen- eral public, either vehicular or pedestrian, providing that this area is not enclosed within the main side- walls and roof of a structure. Rooming House. A house in which lodgings are let, especially a house other than an inn, hotel, or motel. Sidewalk. A passageway for pedestrians along the side of a street. Sign, Advertising. A sign which directs attention to a business, commodity, service, or entertainment con- ducted, sold, or offered elsewhere than upon the premises where such sign is located.

Any governmentally-licensed premise con-

Any use which does not require special

Sign, Gross Surface Area of. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, S U C ~ perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. The gross surface area of any multiple face sign shall include the sum of all faces excepting in the case of a double face sign with the two faces opposite to each other. Then only one face shall be included in the computation of gross surface area.

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Story. That portion of a building which is 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 the floor and ceiling next above it. .

a. Story, Half. A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are n,ot more than four ( 4 ) feet above the floor of such storv. *

b. Story, First. The lowest story or the ground story o f any building, the floor of which is not more than twelve (12) inches below the average contact ground level at the exterior walls of the building.

Street. A public or private thoroughfare which affords the principal means of vehicular access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other such thorough- fare except an alley. Structure. Any building or facility constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including stationary and portable car- ports and swimming pools. Structural Alteration. Any change in the structural members of a building, such as walls, columns, beams or girders, except for repairs or maintenance, or any addition to any structure. Swimming Pool. Any excavation or enclosure of other than unprocessed earthen materials which is intended or utilized for the storage of water for bathing or swimming purposes in which the depth of water stored therein exceeds two ( 2 ) feet.

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Travel Trailer. A vehicle, less than 30 feet in length and customarily used for temporary living or sleepinq purposes, and designed to be transported-on directly: attached wheels. Yard. An open space, as may be required by this Ordinance, on the same lot with a building, unoccupied and unobstructed from the ground upward except as herein permitted. a. Yard, Front. An open space extending the full

width of the lot betveen a Szildinc ar?d the 2

front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Ordinance.

b. Yard, Side. An oFen space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Ordinance.

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3.100

3.200

3.300

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C. Yard, Rear. An open space extending the full width of the lot between a.building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Ordinance.

Variance. The Board's authorized departure from the text of this Ordinance in direct regard to a hardship peculiar to an individual lot in accordance with the procedures set forth in this Ordinance. Zoning Officer. with the duty of enforcing the provisions of this

The administrative officer charged

, Ordinance or a duly authorized deputy.

ARTICLE 3 - ESTABLISHMENT OF ZONING DIS?RICTS

The Borough of New Milford is divided into the following Names of Zoning Districts

districts: R - 2 Residential C-1 Commercial 1-1 Industrial D - 1 Redevelopment X - 1 Office, Institutional, Professional

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Zoning Map The location and boundaries of these districts are established as shown on the attached Zoning Map of the Borough of New Milford dated . The Zoning Map is hereby made a part of this Ordinance, together with a l l future notations, references, and amendments.

Interpretation of Boundaries .

If uncertainty exists as to the boundary of any district shown on the Zoning Map, the Zoning Hearing Board shall determine the location of such boundary.

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. ARTICLE 4 - BASIC DISTRICT REGULATIONS 4.100 Basic Regulations

The basic regulations governing the use of land, the size of lots, yards and buildings within each Zoning District are established in this Article. For certain specific uses or exceptional situations, these basic regulations are supplemented by other provisions of this Ordinance.

Regulations Governing the Use of Land. Regulations governing the use of land within the various Zoning Districts shall be as set forth in Schedule I. Regulations Governing the Size of Lots, Yards, and Buildings. lots, yards, and buildings in the var*ous Zoning Districts for Permitted Uses shall be as set forth in Schedule 11.

Regulations governing the size of

4.200 Uses in Zoning Districts. Permitted Uses. Uses listed as "Permitted Uses" in Schedule I shall require no special action by the Board or by the Commission before a zoning per- mit may be granted by the Zoning Officer. Exceptions. I shall require individual consideration in each case because of their unique characteristics. Such "Exceptions" may be permitted only upon authorization by the Board, subject to certain cqnditions and safeguards, as provided for herein and after review by the Commission.

Uses listed as "Exceptions" in Schedule

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SCHEDULE I

Regula t ions Governing t h e use of Land

USE CLASS ZONING D I S T R I C T

1.

2.

3 .

4 .

5.

10.

11.

R- 1 c-1 1-1 D-1 x- 1

x R e s i d e n t i a l

L i g h t Commercial

Heavy Commercial and Limited I n d u s t r i a l

General I n d u s t r i a l

Customary Accessory U s e s and E s s e n t i a l S e r v i c e s

Yedica l Services

X

X

X

X

X . X

X

X

X

X

x

X

v) al cn 3

a al U U -4 E

X

X X X X o f f i c e Services

aJ U X E 6 . Mobile Home P a r k

cnc W G

G n f c a

U 5 X X U W

z z

-4 0 -4 k I -IJa

x p X X X

X

X

NOTE: "X!' inci icates t h a t t h e U s e Class i s p e r m i t t e d i n t h e Zoning D i s t r i

0-4 7. Apartments & Conversions -4 k c r a Q+ 8. g e l a t e d R e s i d e n t i a l Uses 0)

$ 9 . Appropr ia te P u b l i c U s e s X Q , x w a l X X X -

. c t .

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SCHEDULE I1

REGULATIONS GOVERNING THE SIZE OF LOTS, YARDS AND BUILDINGS FOR PERMITTED USES

Type of Regulat ion Zoning D i s t r i c t

A r e a (Sq. F t . ) * Width ( F t . )

Depth ( F t . )

15,000 4,000 10,000 2,000 2,000

100 40 100 4 0 40 1 0 0 5 0 5 0 150 100

Minimum Yards

( F t . 1 25 1 0 25 1 0 25 F r o n t R e a r

Each S i d e ( F t 1 1 5 S i d e a b u t t i n g R-1 ( F t . )

( F t 1 30 20 20 10 20 10 0 0 -

1 5 0

10 - -

Maximum Height No. of S t o r i e s F e e t

Maximum Bu i ld ing Coverage ( % )

235 3 . 3 3 3 35 35 35 35 35

40 60 50 60 60

i

* NOTE: Lot s i z e s are fo r zoning purposes o n l y - l a r g e r l o t s i z e s may be r e q u i r e d t o meet sewage and county l and use r e g u l a - t i o n s i n c h i c h case t h o s e l a w s w i l l t a k e p receden t .

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4.300 Use Classes "Use Classes" are hereby established as shown in Schedule I. The specific uses included in each Use Ciass are outlined below. if it is to be operated in such a manner so as to create any dangerous, injurious, noxious, or otherwise objectionable, fire, explosive, radioactive or other hazard; noise or vib- ration; smoke, dust, dirt, air or other form of pollution; electrical, glare or other disturbance which will adversely affect the surrounding area or premises.

None of these uses shall be permitted in any district

Use Class 1. Residential. dwellings.

Includes single family detached and two family *

Use Class 2. Light Commercial. Includes retail business establishments, customer service establishments, commercial recreation enter- tainment establishments and commercial education establish- ments serving the entire Borough. be carried on in a completely enclosed buildinq except for off-street parking and loading facilities and auto service stations.

Retail business establishments include shops selling food, drugs, cigars, candy, clothing and clothing accessor- ies, newspapers, books, stationery, dry goods, hardware, paint, variety goods, household goods and appliances, flowers, agricultural nurseries and greenhouses, package liquor, photo supplies, garden supplies, artist and hobby supplies and sporting goods, specialty and gift items, furniture, and office supplies. Customer service establishments include shops engaged in the repair of household, clothing and appliance items, barber and beauty shops, tailor Shops, pick-up stations and self- service establishments for the dry cleaning and laundering of clothes, business offices, and eating and drinking establishments, gymnasiums and physical health salons, photographic studios, medical centers, banks and financial institutions, hotels and motels, auto supply stores, auto service stations, funeral homes, rooming houses and boarding houses.

Such establishments shall

Commercial recreation and entertainment establishments in- clude theaters, cultural establishments, bowlin? alleys, skating rinks, billiard parlors, social halls, clubs and

Commercial education establishments include schools for the s t u d y of business, tecnnicai trades, art, nusic, dancing, and photoqraphy.

lodges .

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Use Class 3 .

Includes heavy commercial and limited industrial uses serving the entire Borough.

Heavy Commercial Uses, which shall be carried on in a completely enclosed building, except f o r off-street parking and loacing facilities .include wholedale bus- iness, storage and warehousing establishments, truck and freight terminals, delivery and distribution cen- ters, wholesale >reduce and meat markets, mechanical and vehicle equi;ment repair establishments, dry clean- ing and dyeing plants, carpet and rug cleaning estab- lishments, laundxies, sign painting, automatic car wash, blue-printing, and graphic reproduction shop, printing and publishing ‘establishments, radio and television studios and transnission or receiving towers, animal hospital and vetarinary clinics and animal kernels. Heavy Commercial uses which do not require complete or partial enclosure in a building include building mater- ials and fuel stcrage, new and used machinery storage and sales, vehicle and trailer sales and’storage, farm equipment and corstruction machinery establishments, monument works, auto service stations. Limited Industrizl Uses which shell be operated by less than 50 employees and which shall be carried on in a completely enclossd building, except for off-street parking and loading facilities include woodworking, furniture and upkDlstery shops, machine and sheet metal shops, welding acd electrical shops, plumbing and other similar shops.

General Industrizl. Includes general industrial uses which shall be carried 2n in a completely enclosed building and which include thE storage, manufacture, assembly, pack- ing or testing of products from raw materials and from other previously ?repared materials.

Use Class 4 .

Use Class 5. Customary Accesscry Uses and Essential Services. Includes accessory uses wr-lch are customarily subordinate to the principal use of z building located on the same lot, and which ser7e a p u - ~ o s e customarily incident to the use or‘ the principal building shall be permitted in each District. Such uses allowed include home occupations, home garden- ing, keeping of k3usehold pets, nurseries and greenhouses, and professional zffices of persons residing on the premises, private garages c z parkinq areas, sicns, o f f street parking and loading, temr:rary tract offices, travel trailers and buil2inqs and ot:--+r uses custoxarily apourtenant to other ?errnic”,d uses c z t:;cs?tlons. Uses not -permitt55 are the raising or keeping of livestock, poultry or other rnimals for any commercial purpose or the outdoor storage c f equipment or refuse.

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A

4.400

Also includes essential services for public utilities that . .

do not require enclosure in a building including Fjas, electrical, steam, telephone, or water distribution sys- tems: and including related equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment. The utilities that apply should conform to the height regula- tions of the zoning district in which they are proposed.

Use Class 6. Mobile Home Parks. home courts planned as a unit.

Includes the development of mobile

Use Class 7. Apartments and Conversions. buildings or portions of buildings into dwellings; new multi-family dwelling structures:

Includes the cbnversion of

Use Class 8. Related Pesidential Uses. and convalescent homes, rooming houses, boarding houses, and nurseries for the day care of young children.

Includes funeral homes, nursing

Use Class 9. Appropriate Public Uses. uses of a welfare, eaucational, religious, recreation and cultural nature, and religious homes accessory to such uses.

Includes public and quasi-public

Yse Class 10. Medical Services. tended care units, doctors' offices, clinics, laboratories, direct supportive and similar services, and parking facili- ties for vehicles.

Includes hospitals, nursing homes, ex-

Use Class 11. Office Services. fessional, governmental, civic, social, fraternal, politi- cal, private clubs, lodges, religious and charitable or- ganizations; libraries; medical and dental offices, clinics and laboratories, and customary accessory uses to the above.

REGULATIONS GOVERNING EXCEPTIONS Exceptions enumerated in this Ordinance and in Schedule I shall require individual consideration in each case and may be permitted o n l v after review by the Commission and upon authorization by the Board. Exceptions shall comply with the provisions of this section and may be permitted by the Board subject to any additional conditions and safeguar-s which nay be warranted by the character of the arsa in which scc:? LISSS a r s >,rocosec! or 5.: other special factors.

Includes offices for: business, pro-

Exceptions shall not cause substantial injury to the value of other property in the proximity of where it is to be

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located; shall conform with regulations applicable to the District where located; shall be compatible with adjoining development; shall provide adequate lax--dscping and screen- ing; shall provide off-street parking End loading so as to minimize interference with traffic on the local streets and shall not jeopardize the public health, safety, welfare and convenience.

The following regulations shall a p p l y to Exceptions which are authorized by the Board:

Mobile Home (Use Class 6 ) All mobile home parks or courts shall be located on tracts of land at least six acres in size. Such mobile home parks shall comply with all the Ordinances of the Borough of New Milford. . Apartments and Conversions (Use Class 7) All conversions shall have at least one off-street parking space per dwelling unit and each unit shall have adequate light, air, heating.and plumbing facilities and shall have at least 3000 square feet of lot area and 600 square feet of floor area for each dwelling unit, but no converted building shall have more than a total of four dwelling units. All dwellings shall be served with public water and onsite sewage disposal facilities, and all, excepting mid- rise apartments, shall have at least one and one-half off-street parking spaces per dwelling unit and shall comply with the following minimum requirements. Mid-rise apartments are hereby excepted from the a- bove parking requirement.

-

REGULATIONS FOR XULTI-FMILY DWELLINGS

TYPE Of REGULATIONS LINITED APARTAWNTS GARDEN MID-RISE or ROW HOUSES APARTMENTS APARTMENTS Minimum Lot Size

Area (Sa . Ft.)* 7,500 12 ,000 12,000

Depth (Ft.) 1 0 0 1 2 0 1 0 0 Width (Ft.) 75 1 0 0 80

*See not on Schedule I1 Lot Area Per Dwelling Unit

Minimum Yards Square Feet 2 , 500

Front Yard (Ft.) 25 Rear Yard (Ft.) 30 Each Unattached Side Varci ( F ' t . 1 1 0

Number of Stories 2.5

: . !a :<i3Yx ? J P i 7 : ? ,

Feet 3 5

Maximum B u i l d i n q Coveraqe ( % 1 6 0 - 1 5 --

2 ,000

25

30

1 5

3

3 5

5 0

400

10 10 0

3

3 5 6 0

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Mid-rise apartments shall be located only in a D - 1 district and may include within the structure, but limited to not more than 102 of the total floor area, retail business establishments, or customer service establishments as set forth in Use Class 2, or office services as set.forth in Use Class 11. Related Residential Uses (Use Class 8) Funeral homes, nursing and convalescent homes, rooming houses, boarding houses, day nurseries, nursery schools, pre-kindergarten or other activity providing care of young children shall comply with the following: a.

b.

Except for a sign, there shall be no ex- ternal evidence of any gainful activity. Any such use shall have sufficient off- street parking to serve the anticipated number of users and employees and shall have suitable street aecess without causing congestion of traffic or local residential streets. All such buildings shall conform to the Minimum Lot Size, Minimum Yards, Maximum Height and Maximum Building Coverage Reg- ulations specified in Schedule I1 for Zone R-1.

c.

Appropriate Public Uses (Use Class 9) Any appropriate Public Use permitted by the Board as an Exception shall be appropriate to the character of the District in which it is proposed and to the area which it will serve. shall have adequate qccess, shall provide off-street parking and loading as specified herein and shall comply with the following lot, yard, and building regulations:

'Such Appropriate Public Uses

REGULATIONS FOR APPROPRIATE PUBLIC USES

REGULATION APPROPRIATE PUBLIC USES

Minimum Lot Size (Sq. Ft.) 10,000 * See note on Schedule I1 Minimum Yards (Ft.)

Front Yard - - Rear Yard Each Side Yard

Maximum Height No. of Stories Height in Feet

Maximum Building Coveraqe ( a )

d 3 20 15

3 40 6 0

ARTICLE 5 - 'SUPPLEMEJJT.\RY !3>Is??.xc" 3ESUL;iTICSS

5 .100 Permitted Deviations from Required Areas The minimum log, yard and height requirements of this Ordin- ance shall prevail in all cases, except as follows:

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Height L i m i t a t i o n s . D i s t r i c t h e i g h t l i m i t a t i o n s s h a l l n o t apply t o p a r a p e t w a l l s , ex tending n o t more t h a n f o u r ( 4 ) f e e t above t h e l i m i t i n g h e i g h t of t h e b u i l d i n g , church s p i r e s , cupo las and domes, monuments, water towers , chimneys, smoke-stacks, s i l o s , f l a g p o l e s , u t i l i t y , p o l e s , r a d i o , t e le - v i s i o n and u t i l i t y t owers , masts and ae r i a l s . F r o n t Yard Except ion. s i t u a t e d between two improved l o t s , each having a p r i n c i p a l b u i l d i n g w i t h i n 20 f e e t of t h e s i d e l o t l i n e o f t h e unimproved l o t , t h e f r o n t ya rd may be reduced t o a dep th equa l t o t h a t of t h e g r e a t e r f r o n t ya rd o f the two a d j o i n i n g l o t s : provided , however, t h a t it may n o t be reduced t o below 1 0 f e e t , and provided t h a t no b u i l d i n g s h a l l be s e t closer t h a n 25 f ee t from t h e c e n t e r of any street . P r o j e c t i o n s I n t o Yards. P r o j e c t i o n s i n t o r e q u i r e d y a r d s s h a l l be p e r m i t t e d a s f o l l o w s , excep t t h a t i n no case s h a l l a s t r u c t u r e o r p r o j e c t i o n be l o c a t e d c loser t h a n 7 fee t t o any s i d e o r rear l o t l i n e o r 1 0 f ee t t o any f r o n t l o t l i n e .

When a n unimproved l o t i s

a . Bay windows, c a r p o r t s , f i r e p l a c e s , f i r e e scapes , chimricys, uncovered s t a i r s and l a n d i n g s , and b a l c o n i e s and c o r n i c e s , eaves , o r o t h e r a r c h i t e c t u r a l f e a t u r e s n o t r e q u i r e d f o r s t r u c t u r a l suppor t may p r o j e c t i n t o t h e r e q u i r e d f r o n t o r r e a r ya rd n o t more than a t o t a l o f t h r e e ( 3 ) f e e t . Porches may p r o j e c t i n t o t h e Gequired f r o n t and rear y a r d s up t o t e n (10) f ee t . P a t i o s may be l o c a t e d i n t h e r e q u i r e d s ide and rear y a r d s n o t c l o s e r t h a n seven ( 7 ) f e e t t o any a d j a c e n t p r o p e r t y l i n e , and may p r o j e c t i n t o f r o n t y a r d s up t o t e n (10) f e e t .

b.

c .

200 UNIQUE LOTS and B U I L D I N G LOCATIONS

Two o r More B u i l d i n a s on a L o t . b u i l d i n g s located on a p a r c e l i n s i n g l e ownership s h a l l conform to a l l t h e r equ i r emen t s of t h i s Ordinance which would normal ly app ly t o each b u i l d i n g i f each were on a s e p a r a t e zone l o t .

Two o r more p r i n c i p a l

Throuuh Lots. Where a s i n g l e l o t under i n d i v i d u a l owner- s h i p e x t e n d s from one s t ree t t o a n o t h e r p a r a l l e l o r near - l y 2 a r a l l e l s t r ee t o r a l l e y , t h e Commission s h a l l decide w h i c h s t r e e t w i l l be cons ide red as t h e f r o n t s t r e e t . 30 p r i n c i p a l s t r u c t u r e s h a l l be erecteci on t h e r e a r of t h e l o t , e x c e p t as s p e c i f i e d h e r e i n t h i s Ordinance.

the e f f e c t i v e da t e of t h i s O r d i n a n c e and f r o n t i n g on an a l l e y , s h a l l comply w i t h a l l t h e requi rements of t h i s O r - d i n a n c e and t h e D i s t r i c t i n which said lots a re l o c a t e d .

5023 T 7 x - r . - -"ntins o n an ~ l L s x . 7 . I n d i v i d u a l lots, e : i i s t i nq 6~

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Side Yard of a Corner Lot. The side yard of a cor- ner lot which abuts a street, shall be equal to the required front yard for that street. Corner Lots. No obstruction to vision an existing building, post, column, or tree) ex- ceeding 30 inches in height shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the maintenance right-of-way line of each street extended to a point, and a line drawn between two points each located 30 feet from the street intersection.

(other than

5.300 ACCESSORY STRUCTURES AND USES Accessory Structures. All accessory structures shall conform with the minimum yard regulations established heretofore, ex- cept as permitted below: a. Unattached Structures AccesSory to Residential Buildings.

Structures accessory to residential buildings which are not attached to a principal structure may be erected within the required side and rear yards of a principal structure provided that they conform with the following: 1. Maximum Height - one and one-half stories

or 15 feet in heisht. 2. Distance from Side Lot Line - Not less

than 7 feet from the side lot line, ex- cept in t h e case of corner lots where the full side yard as specified above shall be maintained. Distance from Rear Lot Line - No less than 7 feet from the rear lot line. Distance from Principal Structure - Not less than 10 feet from a princi- pal structure.

3 .

4 .

b. Unattached Structures Accessory to Non-Residential Buildings. front and side yard requirements for the principal struc- ture and shall have a minimum rear yard of at least 10 feet.

Such accessory structures shall comply with

Home Occupations. lowing regulations :

A home occupation shall conform to the fol-

a.

b.

The home occupation shall be carried on wholly within the dwelling or other structure accessory thereto. The only external evidence of the home occupation shall be a sign not exceeding one and one-half (14) square feet in area. The home occupation shall be carried on only by the mem- bers of the immediate family residing in the dwelling who may not employ more than two ( 2 ) additional non-resident persons to assist in the conduct of said home occupation.

c.

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e.

f.

9.

h.

Home occupations shall not include the fol- lowing: mercial stables, kennels, restaurants or tourist homes, rooming, boarding or lodging houses for more than two ( 2 ) persons. No exterior storage of merchandise, mater- ials, equipment or supplies shall be permitted. No external alterations, additions or changes to the structure shall be permitted to ac- comodate or facilitate the home occupation. The floor area devoted to the home occupa- tion shall not exceed 2 5 % of the ground floor area of the principal residential structure or 4 0 0 square feet, whichever is less. No home occupation shall be permstted which alters the residential appearance of the area or creates any objectionable condition or any disturbance which may adversely. affect the surrounding area or premises.

animal hospitals,. pet shops, com-

Private Parking Areas and Garages. Accessory off-street parking areas or garages serving the residential or non- residential parking demand created by the principal building are permitted in accordance with this article. Said parkizg areas may be located in any required front, side, or rear yard. with requirements for accessory structures.

Accessory garages shall conform

Home Gardeninq, Nurseries and Greenhouses. Home garden- ing and accessory structures used for agricultural nur-' series or as greenhouses are permitted in residential areas, provided that they shall not include the out- door storage of equipment or supplies or refuse. Refuse. terior to a structure for a period or more than 24 hours is hereby prohibited, excepting that the use of metal storage bins commercially designed and manufactured specifically for the mechanized handling of such mater- ials shall be permitted.

The storage of refuse, waste or garbage ex-

5.400 S I G N S - General. cept as herein provided.

Business and advertising signs are prohibited ex-

Business and Advertising Signs. One or more business or ad- vertising signs in the commercial and industrial districts are permitted, provided that such signs shall not have a combined gross surface area in square feet exceeding two times the frontage of the lot on which they are located, and in no case shall any single siqn exceed two hundred (200) square feet. business or advertising si9ns shall not be enloarced or al- tered, but m a y be maintained.

In residential districts existin?

Business Signs. Signs that primarily identify a business accessory to nonresidential uses located in R - 1 or X - 1 dis- tricts are permitted provided they do not exceed ten (10)

.

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I i

r ., %

.< f 1 'j i '

I ' s qua re feet i n s i z e . t o one t o each p r o p e r t y o r dwe l l ing u n i t t o w h i c h it p e r t a i n s , except t h a t p r o p e r t i e s l o c a t e d on c o r n e r l o t s may have one s i g n f a c i n g each s t ree t . Loca t ion of S iqns . Pe rmi t t ed s i g n s may be l o c a t e d o n l y i n any r e q u i r e d yard or on a s t r u c t u r e w a l l , and s h a l l conform t o t h e h e i g h t l i m i t a t i o n s of t h e D i s t r i c t i n which t h e y a re l o c a t e d . S igns i n any Di s t r i c t s h a l l n o t p r o j e c t by more than 1 2 i n c h e s i n t o o r over any p u b l i c r igh t -of -way, w a l k o r s t r e e t , nor from t h e f a c e of t h e b u i l d i n g by more t h a n 1 2 i n c h e s . I l l u m i n a t i o n . N o i l l u m i n a t e d s i g n shall c r e a t e e x c e s s i v e g l a r e or b r i g h t n e s s which may a d v e r s e l y a f f e c t a b u t t i n g p r o p e r t i e s o r c r e a t e a nuisance o r hazardous c o n d i t i o n . F l a s h i n g o r r o t a t i n g or moving s i g n s , o r s i g n s d e s i g n e d t o p rov ide t h e e f f e c t of motion, movement o r f l a h i n g a re p r o h i b i t e d . Tenporary S i q n s . Any s i g n of a temporary n a t u r e , such as t h o s e a d v e r t i s i n g c i v i l , s o c i a l , p o l i t i c a l , r e l i g i o u s o r l i k e a c t i v i t i e s o r f u n c t i o n s , i n c l u d i n g s i g n s d e s i g n e d t o a d v e r t i s e one o r more p o l i t i c a l c a n d i d a t e s , s h a l l be p e r - m i t t e d p rov id ing t h a t t h e s i g n be rernoved by t h e i n s t a l l e r o r t h o s e r e s p o n s i k l e f o r t h e e r e c t i o n of such s i g n w i t h i n t e n (10) days a f t e r t h e even t on t h e s i g n o c c u r s , p r o v i d i n g t h a t no such s i g n s h a l l remain e r e c t e d f o r more t h a n 6 0 d a y s . T h e a d v e r t i s i n g s i g n of any owner, rea l tor o r a a e n t i n d i c a t i n g t h a t any s p e c i f i c p i e c e of r ea l es ta te i s f o r s a l e , l e a s e or r e n t , p rov id ing t h a t t h e s i g n be p o s t e d upon t h e same p i e c e of real e s t a t e , s h a l l be c o n s i d e r e d a temporary s i g n and i s pe rmi t t ed . However, such s i g n s h a l l i n c l u d e a not ice i n d i c a t i n g t h e zoning d i s t r i c t i n which t h e s a i d r ea l e s t a t e i s inc luded , such n o t i c e b e i n g pro- v i d e d by t h e Borough a t no c o s t t o t h e p r o p e r t y owner o r r e a l t o r or aqen t . The d e s i y n , s i z e and m a t e r i a l of s a i d n o t i c e s h a l l be as determined. by t h e Borouqh.

Off-Street Par!:inc. p r o v i c e c as set f o r t h i n t h e fo l lowing t a b l e whenever any b u i l d i n g i s e r e c t e d o r e_?laraet! e x c q t i n C-1 d i s t r i c t where no of5-stzaet park ing f a c i l i t i e s a r e r e q u i r e d . S ~ E C C S s h a l l h6vs xi arsz of a t itiasc io0 s q u a r e feet ana s h a l l have adequate and w e l l des igped i n q r e s s and e q r e s s a n d s h a l l f;e l o c a t e d on t h e same l o t a s t h e u s e t o which t h e y a r e accesso ry o r w i t h i n a r a d i u s o f

The number of s i g n s s h a l l be res t r ic ted

s i d e -

5 . 5 9 0 OFF-ST9EET P.4RKIZ.JG and LOADING

O f f - s t r e e t pa rk ing s p a c e s s h a l l be

Such

400 f e ~ t t h e r s i z .

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REGULATION FOR OFF-STREIET PARKING SPACES

1.

2.

3.

4 .

5.

6. 7 . a . 9. 10. 11. 12. 13. 14.

15. 16.

Provide Parking Spaces in Type of Use Ratio of One Space to Each:

Retail Store, Services, Offices 300.0 sq. ft. of gross bldg . . floor area

Restaurants, Taverns, Night Clubs, Bars 2.5 seats Medical or Dental Clinics

Motels, Hotels 1.0 room Churches, Theaters, Auditoriums, and places of assembly 6.D seats Hanufacturing & Wholesale Establishments

Public Schools 17.0 classroom seats Bowling Alley, Roller Rinks . 0.2 alleys Community Buildings and Social Halls 100.0 sq. ft. of bldg. Private or Commercial Schools

Hospitals or Nursing 8omes 2.0 beds Single-family Dwelling Units & Conversions 1.0'dwelling unit Multi-family Dwelling Units - Non Elderly 0.66 dwelling unit Multi-family Dwelling Units - Elderly/Hadicapped ' 0 . 2 5 dwelling unit Rooming Houses and boarding houses 1.5 roomers Funeral Homes 0.2 parlors

0.5 employees working at one time (max.)

2.0 employees

10.0 classroom seats

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Off-street Loadinq. which requires the receipt or distribution by vehicles of material or merchandise shall provide one (1) off-street loading space for each 25,000 square feet of gross building floor area, and each such.space shall be at least 250 square feet in area.

Every commercial or industrial building

5.600 NONCONFORMING USES, BUILDINGS AND LOTS Any legal nonconforming use or building may be continuec?, rc- paired, maintained, restored and rebuilt, and improved ex- cept as provided below: a. Such noncznfcrmin g cse may not be enlarged. mcre

than 2 5 percent of the existing floor area and/or l o t area, and o n l y one such enlargement shall be permitted. I? a nonconforming use of a building or land is abandoned for a continuous period of six (6) months, subsequent use of such shall be only in conformity with the provisions of this Ordin- ance. For the purposes of this Ordinance, aban- donment shall begin when the nonconforming use ceases.

b.

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Existing Nonconforming Lots. In any zone where a noncon- forming l o t exists as a separate entity at the time of passage of this Ordinance, ard where the owner of the nonconforming lot does not ovm an adjoining lot, then the following development is permitted: a. If the lot is located in an'R-1 District, a single-

family dwelling may be constructed on it as a per- mitted use, provided that the lot is in at least 50 percent compliance with each of the following re- quirements for the single-family dwelling, as speci- fied in the District in which the lot is located: lot area, lot width, rear yard, side yard, and max- imum building coverage.

b. If the lot is located in the C-1, or 1-1 District, then a structure not exceeding two stories in height may be constructed on it, for a use permitted in the District in which it is located, as shown on Schedule I, provided that the off-street parking and loading requirements of this Ordinance s h a l l be complied with and that the front, side and rear yards are in keep- ing with the surrounding area, except that a side yard of at least LO feet shall be required whenever such a use abuts an existing residential use or a residential district.

5.700 CONFORMING USES and BUILDINGS Any conforming use or building may be repaired, maintained, restored or rebuilt to the same dimensions existing at the time that the structure was originally constructed. enlargement or addition to any conforming use must comply in all respects with the regulations of this Ordinance.

Any

5.800 EXCAVATIONS Any excavations for the removal of topsoil, gravel or min- eral deposits of any kind, must be enclosed by a fence lo- cated at least ten (lo) feet from the sides or,perimeter of the excavation. drained to prevent the formation of pools of water. side walls of all such excavations shall slope at an angle no steeper than one foot of vertical distance for each two feet of horizontal distance.

All such excavations must be adequately The

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ARTICLE 6 - SWIMMING POOLS

6.100 Enclosures NO person maintaining a swimming pool within the Borough shall continue to maintain such pool unless access to the same shall be restricted be protective fencing, as shall be approved by the Zoning Officer. The enclosure of ex- isting facilities, as provided for herein shall be accom- panied within sixty (60) days of the date of notification issued by the Zoning Officer. Fencing Requirements No person shall henceforth construct a swimming pool or maintain a swimming ~ o o l constructed hereafter within the Borough unless the same shall be entirely surrouned by a substantial wire mesh or solid fence. Such fence shall be not less than forty-two ( 4 2 ) inches nor more than six (6) feet in height and shall contain no vertical inter- space of more than two (2) inches and no horizontal rail or component on the outside usable as a footstep, and shall satisfy the following minimum requirements:

a. b.

Wood picket, three-fourths inch stock. Iron picket, one-half inch iron bar.

C.

d.

e.

f.

g-

Chain link, vertical chains shall be eleven- gauge minimum wire and a maximum of two ( 2 ) inches apart. Woven or - other solid fence, strength shall be equivalent to one (1) of the foregoing, sstis- factory to the Zoning Officer. All gates in such a lock when the owner or tenant is absent from the premises and by an effective safety latch at all other times. A dwelling or accessory building may be used as a part of the required enclosure. Any mechanical equipment, such as pumps, filter, or electrical devices, which is part of a pool facility shall be within the enclosure or shall be similarly enclosed so as to forestall per- sons from gaining access by climbing over such equipment.

fence shall be secured by

6.200 LOCATIONS AND SETBACKS ~

a. No swimming pool may be located in any required front yard nor shall it be less than ten (10) feet from: 1. 2. any property line.

any main building, including any basement or cellar.

b. A swimming pool may be located in the side yard, pro- vided that the location meets the requirements for an accessory buildina. locker rooms, bathhouses, cabanas, shower rooms, toilets and other physical facilities or equipment incident to the operation of any private swimming pool , shall conform to the requirements of buildinq, zoning and other applicable regulations.

Accessor:J bildings, such as

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6.300 SAFETY a. Every swimming pool shall be equipped with life rings,

life preservers orother flotation devices readily available and functional for emergency use.

b. Any mechanical equipment, such as pumps, filters and electrical devices, shall be adequately enclosed so as to protect all persons from electrical shock and physical injury.

c. No exposed electrical wires shall be nearer than six (6) feet to the water’s edge, nor shall any exposed and permanently installed electrical wire within twenty-five (25 ) feet from the water’s edge of the pool be less than ten (10) feet above the ground,. nor shall wires of any kind cross or be-over the water surface unless otherwise approved by the Zoning Officer. accomplished by the use of methods and materials approved for such purposes by the National Board of Fire Underwriters.

swimming pool facilities shall be kept clean and in a sanitary condition and maintained free from gar- bage, trash and other refuse.

Any underwater lighting shall be

d. The buildings, grounds, dressing rooms and all other

6 . 4 0 0 DRAINAGE AND DISCHARGES a. There shall be no discharge or drainage of water from

a private swimming pool until the Zoning Officer has determined that the method or manner’of emptying the pool is not contrary to the public interest or main- tenance of the storm sewer system, or to the interests of other property owners. The discharge of water into a septic onlot system shall be prohibited.

b.

6 .500 GENEXAL

a. Location restrictions. No swimming pool shall be so located, designed, operated or maintained as to inter- fere undulv with the enjoyment of their property rights by occupants of property adjoining the swimming pool. The Zoning Officer may ccn2iticn thou issuance of a Zoning permit on such reasonable conditions as may be deemed proper on the location, design, opera- tiorand maintenance to effectuate the purposes of this Ordinance.

b. Lightinq restrictions. It shall be unlawful f o r any person to install, arrance, use or permit to be used any liqht to illuminate a swimming pool without ar- ranqizq and shading such light so as to reflect such light away from neighborinq premises so not to disturb the peace and comfort of the neighboring property owners or their property.

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4 , t

i

c. C I .

d .

V a c a n t r e s i d e n c e s . A l l swimming p o o l s s h a l l be d r a i n e d and main ta ined f r e e of water o r s a f e l y cove red d u r i n g t h e p e r i o d t h a t t h e p r o p e r t \ ? i s v a c a n t o r unoccupied . Th i s s u b s e c t i o n s h a l l not. be a p p l i c a b l e d u r i n g r e a s o n - able temporary absences by t h e owner o r o p e r a t o r of any swimming pool. P o l l u t e d water . n a t u r a l o r a r t i f i c i a l body of water, i n t h e Borough s h a l l be used f o r swimming o r b a t h i n g p u r p o s e s , by any pe r son or p e r s o n s , which c o n t a i n s sewage, w a s t e o r o t h e r con tamina t ion o r p o l l u t i n g i n g r e d i e n t s r e n d e r i n g t h e water hazardous t o t h e h e a l t h , s a f e t y o r welfare of such person o r p e r s o n s .

No body o f water , whether it b e a

ARTICLE 7 - ADMINISTRATION AND ENFORCEMENT

7 . 1 0 0 GENERAL PROCEDURE Genera l Sequence of S t e p s . t a k e any new c o n s t r u c t i o n , s t r u c t u r a l a l t e r a t i o n s o r changes i n t h e u s e of a s t r u c t u r e , b u i l d i n g o r l o t , c o n s t r u c t i o n o f a swimming p o o l , s h a l l a p p l y t o t h e Zoning O f f i c e r f o r a Zoning p e r m i t by f i l l i n g o u t t h e a p p r o p r i a t e a p p l i c a t i o n form and by s u b m i t t i n g t h e r e q u i r e d f e e . Zoning O f f i c e r w i l l t h e n e i t h e r i s s u e o r r e f u s e t h e Zoning p e r m i t o r r e f e r t h e a p p l i c a t i o n t o t h e Board. A f t e r t h e Zoning p e r m i t has been received by t h e a p p l i c a n t , he may proceed t o unde r t ake t h e a c t i o n p e r m i t t e d by t h e Zoning O f f i c e r f o r an Occupancy P e r m i t . I f t h e Zoning Of f i ce r f i n d s t h a t t h e a c t i o n of t h e a p p l i c a n t h a s been t a k e n i n acco rdance w i t h t h e Zoning P e r m i t , he w i l l t h e n i s s u e a n Occupancy P e r m i t a l l o w i n g t h e premises t o be occupied .

A l l pe r sons d e s i r i n g t o under-

i n c l u d i n g t h e

The

Zoning P e r m i t Types. Under t h e terms of t h i s Ordinance t h e f o l l o w i n g classes of Zoning P e r m i t s may be i s s u e d :

a. P e r m i t t e d Uses. A Zoning P e r m i t f o r a Permit ted u s e may be i s s u e d by t h e Zoning O f f i c e r on h i s own a u t h o r i t y .

b. Excep t ions . A Zoning P e r m i t for a n e x c e p t i o n may be i s s u e d by t h e Zoning Of f i ce r o n l y a f t e r rev iew be t h e Commission and upon t h e o r d e r o f t h e Board.

c . Zoning P e r m i t A f t e r a n Appeal o r a Request f o r a Var iance . Zoning O f f i c e r upon t h e o r d e r of t h e Board and a f t e r a p u b l i c h e a r i n g h e l d by t h e Board f o r t h e pur2ose of d e c i d i n g upon a n appea l o r a r e q u e s t f o r a v a r i a n c e .

A Zoning P e r m i t may be i s s u e d by t h e

7 . 2 0 0 ZONING O F F I C E R

O f f i c e of Zoninu O f f i c e r Hereby Crea ted . of a Zoning O f f i c e r and one o r more Deputy Zoninq O f f i c e r s is here5:r a u t h o r i z e d . ha\re d u t i o s and ?ewers of enforscSment e q u i v a l s n t t o t h e Zoning O f f i c e r , and h e r e i n may be r e f e r r r e d t o as t h e Zoning O f f i c e r . Th i s Ordinance s h a l l be e n f o r c e d by t h e Zoning O f f i c e r , o r , i n h i s u n a v a i l a b i l i t y o r absence by one o r m o r e Deputy O f f i c e r s . Borough Counci l shall ap-

The appoin tment

.Any Deputy Zoning O f f i c e r s h a l l

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p o i n t s a i d Zoning O f f i c e r and Deputy O f f i c e r s and s h a l l de t e rmine t h e i r compensat ion. Du t i e s and Powers. examine a l l a p p l i c a t i o n s r e q u i r e d under t h e terms of t h i s Ordinance and s h a l l i s s u e o r r e f u s e p e r m i t s w i t h i n f i v e days o f t h e r e c e i p t of t h e application. The Zoning O f - f i c e r s h a l l i s s u e a w r i t t e n n o t i c e of v i o l a t i o n t o any pe r son , f i r m , o r c o r p o r a t i o n v i o l a t i n g any p r o v i s i o n s o f t h i s Ordinance. H e s h a l l keep r e c o r d s o f a p p l i c a t i o n s o f p e r m i t s o r c e r t i f i c a t e s i s s u e d , o f v a r i a n c e s g r a n t e d , o f i n s p e c t i o n s made, o f r e p o r t s r e n d e r e d and of n o t i c e o r o r d e r s i s s u e d , and s h a l l make a l l r e q u i r e d i n s p e c t i o n s and per form a l l o t h e r d u t i e s as ca l led f o r i n t h i s Ordin- a n c e . t e r nonconforming u s e s and nonconforming s t l u c t u r e s . ZONING HEARING BOARD

The Zoning O f f i c e r s h a l l receive and

The Zoning O f f i c e r s h a l l a l s o i d e n t i f y and regis-

Board i s Hereby Crea ted . The Borough Counc i l does he reby c r e a t e a Zoning Hearing Board a s p rov ided f o r by t h e l a w s o f t h e Commonwealth o f Pennsy lvan ia : t h e A c t 2 4 7 as amended S a i d A c t , b e ing h e r e i n adopted a s a p a r t of t h e Ordinance , p r o v i d e s a l so f o r f u n c t i o n s and p r o c e d u r e s of t h i s Board. Appointment of Members. The Board s h a l l c o n s i s t of t h r e e ( 3 ) members t o be a p p o i n t e d by Counc i l . The Board i n ex- i s t e n c e a t t h e a d o p t i o n of t h i s Ordinance s h a l l c o n t i n u e t o serve a s t h e Board. An appointment t o fill a vacancy caused by t h e f a i l u r e o f a n a p p o i n t e e t o comple te a term of service s h a l l b e o n l y f o r t h e unexp i red p o r t i o n o f t h e t e r m .

. .

D u t i e s and Powers. i n t e r p r e t a t i o n of t h i s Ordinance, and s h a l l a d o p t , and make a v a i l a b l e t o t h e p u b l i c , r u l e s f o r t h e e x e r c i s e of i t s f u n c t i o n s . b e t o hear and d e c i d e a p p e a l s where it i s a l l e g e d t h a t a n e r r o r h a s been made i n t h e enforecement of t h i s Ordin- a n c e , h e a r and d e c i d e r e q u e s t s f o r e x c e p t i o n s o r condi - t i o n s and v a r i a n c e s . d u t i e s as may be p rov ided o r made n e c e s s a r y by t h i s Ordin- a n c e i n c l u d i n g t h e i n t e r p r e t a t i o n o f b o u n d a r i e s , t h e ho ld - i n q of p u b l i c h e a r i n g s , t h e r e f e r r a l of any p e r t i n e n t matter t o t h e Commission f o r rev iew and recommendation, and t h e maintenance or' r e c o r d s on a l l d e c i s i o n s and f i n d i n g

The Board s h a l l be r e s p o n s i b l e f o r t h e '

The d u t i e s and powers of t h e Board s h a l l

The Board s h a l l perform such o t h e r

' S .

R e f e r r a l t o Commission. m i s s i o n a l l a p p l i c a t i o n s o r a p p e a l s which i n t h e o p i n i o n of t h e Board, r e q u i r e rev iew by t h e Commission. I n i t s r ev iew, t h e Commission s h a l l i n t h e c a s e o f E x c e p t i o n s , de- t e r m i n e compliance w i t h t h e s t a n d a r d s s e t f o r t h i n t h i s o r d i n a n c e , and i n a l l c a s e s shall r e p o r t i n w r i t i n g i t s f i n d i n G s a n 2 recommendations t o t h e Board w i t h i n t h i r t y ( 3 0 ) uays.

The Board s h a l l r e f e r t o t h e Com-

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7 . 4 0 0 ZONING AND OCCUPANCY PERMITS AND CERTIFICATES

Zoning P e r m i t s . The purpose of t h e Zoning P e r m i t i s t o de- te rmine compl iance w i t h t h e p r o v i s i o n s o f t h i s Ord inance and e x c e p t fo r t h e r e p a i r OL' main tenance o f any s t r u c t u r e o r u se no p e r s o n s h a l l e rec t , a l t e r o r c o n v e r t any s t ruc- t u r e , b u i l d i n g , o r p a r t t h e r e o f , n o r a l t e r t h e u s e of any l a n d u n t i l a Zoning P e r m i t h a s been i s s u e d by t h e Zoning O f f i c e r . All a p p l i c a t i o n s for Zoning P e r m i t s s h a l l be i n w r i t i n g on forms t o be f u r n i s h e d by t h e Zoning O f f i c e r . Zoning P e r m i t s s h a l l be i s s u e d i n d u p l i c a t e and one (1) copy s h a l l be k e p t consp icuous ly on t h e p r e m i s e s and no pe r son s h a l l per form b u i l d i n g o p e r a t i o n s of any k i n d un- less t h e Zoning P e r m i t i s d i s p l a y e d as r e q u i r e d by t h i s Ordinance . The Zoning O f f i c e r o r t h e Board may r evoke a Zoning P e r m i t a t any t i m e i f it a p p e a r s t h a t t h e a p p l i c a - t i o n is i n any material respect f a l s e o r m i s l e a d i n g , o r t h a t work b e i n g done upon t h e p remises d i f f e r s m a t e r i a l l y from t h a t c a l l e d for i n t h e a p p l i c a t i o n . L i f e of a P e r m i t . Any e r e c t i o n , c o n s t r u c t i o n , r e c o n s t r u c - t i o n , a l t e r a t i o n o r moving of a b u i l d i n g or o t h e r s t r u c t u r e i n c l u d i n g a s i g n which i s a u t h o r i z e d by a Zoning P e r m i t s h a l l be commenced and any change i n u s e of a b u i l d i n g o n l a n d a u t h o r i z e d by a Zoning P e r m i t s h a l l be u n d e r t a k e n w i t h i n s i x ( 6 ) months a f t e r t h e d a t e o f i s s u a n c e of t h e permit; i f n o t , t h e p e r m i t s h a l l be c o n s i d e r e d n u l l and v o i d . However, i n case of e r e c t i o n o r c o n s t r u c t i o n of a b u i l d i n g , t h e r i g h t t o proceed w i t h c o n s t r u c t i o n may b e e x t e n d e d a n n u a l l y w i t h o u t a d d i t i o n a l f e e s f o r a n a g g r e g a t e p e r i o d of n o t more t h a n t h r e e ( 3 ) y e a r s , ' p r o v i d e d t h e con- s t r u c t i o n p u r s u a n t t o s a i d p e r m i t h a s commenced w i t h i n t h e f i r s t one (1) y e a r p e r i o d . Occupancy P e r m i t s . The purpose of a n Occupancy P e r m i t i s t o c e r t i f y t h a t t h e premises comply w i t h t h e p r o v i s i o n s of t h i s Ordinance and may be used f o r t h e p u r p o s e s s e t f o r t h i n t h e Occupancy P e r m i t . P r i o r t o t h e u s e o r occupancy for which a Zoning P e r m i t i s r e q u i r e d , o r f o r any change of u s e of any e x i s t i n g b u i l d i n g o r f o r any change of u s e of l a n d , an Occupancy P e r m i t s h a l l be s e c u r e d from t h e Zoning O f f i c e r . A copy of t h e Occupancy P e r m i t s h a l l b e kept upon t h e prem- i s e s , and s h a l l be d i s p l a y e d upon r e q u e s t made by any o f f i c e r o f t h e Borough. A l l a p p l i c a t i o n s f o r Occupancy P e r m i t s s h a l l be i n w r i t i n g o n forms t o be f u r n i s h e d be the Zoning O f f i c e r . C e r t i f i c a t e o f Nonconforming U s e . o c c u p i e d by a l a w f u l nonconforming u s e o r b u i l d i n g may s e c u r e a C e r t i f i c a t e of Nonconforming Use from t h e Zonin? O f f i c e r . Such C e r t i f i c a t e s h a l l be a u t h o r i z e d by t h e 3 0 a r d a n d s h a l l b e f o r t h e pur>ose of i n s u r i n g t o t h e owner t:?e r i g h t t o c o n t i n u e such nonconforming u s e .

T h e owner o f t h e p r e m i s e s

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7 . 5 0 0 VARIANCES Board May Authorize Variance. Upon appeal, and after a public hearing, the Board may for a use permitted in the zone district, vary the strict application of any of the requirements of this Ordinance, provided that said vari- ance shall be in the case of exceptionally irregular, nar- row, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. The sole pur- pose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone. Required Showing for Variances. No variance in the strict application of any provision of this Ordinance shall be granted by the Board unless it finds special circumstances or conditions, applying to the land or.buildings in the neighborhood, that said circumstances or conditions are such that the strict application of the provisions 05 this Ordinance would deprive the applicant of the reason- able use of such land or building, that the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board, is the minimum variance that will accomplish this purpose, and that the granting of such variance will not be materially detrimental to the public welfare or in- jurious to the property or improvements in such vicinity and district in which the property is located.

.

7.600 APPEALS AND PUBLIC HEARINGS Appeal from Decision of Zoning Officer. Any person, firm or corporation which deems itself aggrieved by any order of the Zoning Officer shall have the right to file a written appeal to the Board within twenty ( 2 0 ) days of the issuance of said order. The Board shall decide each appeal within 45 days, and shall give notice to all parties in interest. The Board's decision shall be immediately filed in its office and be a public record. Expiration of Appeal Decision. Unless otherwise specified by the Board, a decislon on any appeal or request f o r a variance shall expire if the applicant fails to obtain any necessary Zoning Permit, or comply with the conditions of said zcthorized perzit withi?, six (6) months frcm the date of authorization thereof.

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Appeal from Decision of Board. from the Board to the Court of Common Pleas, the Board shall make the return required by law, arid shall promptly noti- fy the Borough Solicitor of such appeal and furnish him with a copy of the return including transcript of testi- mony. Any order of the Board not appealed within 30 days shall be final. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer certified to the Board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a re- straining order which may be granted by the Board after notice to the Zoning Officer.

In case of an appeal

Information Required on Appeals to the Board. All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board. following:

Every appeal or application shall include the

a. b.

C.

d.

e .

f.

9-

The name and address of the applicant, or appellant. The name and address of the owner of the zone lot to be affected by such proposed change or appeal. A brief description and location of the zone lot to be affected by such proposed change, or appeal. A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof. A statement of the section of this Ordinance under which the appeal is made, and reasons why it should be granted, or a statement of the section of this Ordinance governing the situation in which the al- leged erroneous ruling is being appealed, and the reasons for this appeal. A reasonably accurate description of the present improvements, and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material, and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the l cca t i cn and size of the lot and size of improvements thereon and proposed to be erected thereon. Names and addresses of all those persons owning prop- erty adjoining or across adjoininq streets from the property to which the appeal pertains. -

Public Hearinqs to be Held by Soard. Upon the filing with the Board or an appeal or a request for a variance as re- quired b y the terms of this Ordinance, or .for such pur?oses as provided herein where the Board deems it in the public interest, the Board shall fix a time and place f o r a public hearing thereof as follows:

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P u b l i c No t i ce . f o r two s u c c e s s i v e weeks i n a aewspaper o f g e n e r a l cir- l a t i o n s i n t h e Borough, such n o t i c e s t a t i n g t h e t i m e and p l a c e o f t h e h e a r i n g and t h e p a r t i c u l a r n a t u r e o f t h e ma t t e r t o be c o n s i d e r e d a t t h e h e a r i n g , w i t h t h e f i r s t p u b l i c a t i o n t o b e n o t more t h a n t h i r t y ( 3 0 ) d a y s o r less t h a n f o u r t e e n ( 1 4 ) days from t h e da t e o f t h e h e a r i n g .

By p u b l i s h i n g a n o t i c e o n c e e a c h week

Notice t o A p p e l l a n t . m a i l w i t h r e t u r n e d r e c e i p t t o t h e a p p e l l a n t . Notice t o Local O f f i c i a l s . t o t h e P r e s i d e n t of Counc i l , t h e Commission, and t h e Borough S e c r e t a r y .

By m a i l i n g a n o t i c e t h e r e o f by

By m a i l i n g a n o t i c e

Notice t o I n t e r e s t e d P a r t i e s . By m a i i i n g a n o t i c e t h e r e o f t o eve ry a s s o c i a t i o n o f r e s i d e n t s of t h e Borough, and any o t h e r i n t e r e s t e d p a r t y who s h a l l have r e g i s t e r e d t h e i r names and a d d r e s s e s f o r t h i s pu rpose w i t h t h e Board and t o t h o s e p e r s o n s whose p r o p e r t y o r p r o p e r t i e s a d j o i n o r are a c r o s s r i g h t s - of way from t h e p r o p e r t y t o which t h e h e a r i n g p e r t a i n s . Na tu re o f No t i ce . of t h e b u i l d i n g o r l o t i n q u e s t i o n and t h e g e n e r a l n a t u r e of t h e q u e s t i o n i n v o l v e d .

The n o t i c e s h a l l s t a t e t h e l o c a t i o n

7 . 7 0 0 AMENDMENTS

T h e enac tment o f amending o r d i n a n c e s t o t h i s Zoning Ordin- ance and p r o c e d u r e s f o r such enac tment ace p r o v i d e d f o r i n A c t 2 4 7 o f 1 9 6 8 , as amended, s a i d A c t b e i n g adop ted h e r e i n as a p a r t of t h i s Ordinance.

7.800 V I O L A T I O N S C o u n c i l Yay I n i t i a t e Appropr i a t e Ac t ion . I n c a s e any b u i l d - i n g o r s t r u c t u r e i s e r e c t e d , c o n s t r u c t e d , r e c o n s t r u c t e d , a l t e r e d , r e p a i r e d , c o n v e r t e d , o r m a i n t a i n e d , o r any b u i l d h g s t r u c t u r e o r l a n d i s used i n v i o l a t i o n of t h e Ord inance , o r o f any o r d i n a n c e o f r e g u l a t i o n made under a u t h o r i t y con- fe r red he reby , t h e Borough Counc i l , o r , w i t h i t s a p p r o v a l , t h e Zoning O f f i c e r , i n a d d i t i o n t o o t h e r r emed ies , s h a l l i n s t i t u t e any a p p r o p r i a t e a c t i o n o f p roceed ings t o p r e v e n t such u n l a w f z l e r e c t i o n , c o n s t r z c t i c n , r e c s c s t r u c t i o n , a l - t e r a t i o n r e p a i r , c o n v e r s i o n , main tenance or use, t o r e s t r a i n , cor rec t o r a b a t e such v i o l a t i o n w i t h i n t h i r t y ( 3 0 ) days and t o p r e v e n t any i l l e g a l a c t , conduc t , b u s i n e s s , o r u s e i n o r a b o u t such p remises .

V i o l a t i o n P u n i s h a b l e . v i o l a t i n g any p r o v i s i o n of t h i s O r d i n a n c e , a f t e r b e i n g ser71ed v i t h 10 days w r i k t e n n o t i c e t o a b a t e such v i o l a t i o n

Any pe r son , f i r m , o r c o r p o r a t i o n ,

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F 'e

s h a l l , upon c o n v i c t i o n t h e r e o f , be s e n t e n c e d t o pay a f i n e of n o t more t h a n $ 5 0 0 . 0 0 and c o s t s of p r o s e c u t i o n f o r e a c h and e v e r y o f f e n s e , and i n d e f a u l t o f payment of such f i n e and costs t o imprisonment for n o t more t h a n s i x t y ( 6 0 ) d a y s , o r both. Each d a y ' s v i o l a t i o n s h a l l c o n s t i t u t e a s e p a r a t e o f f e n s e . V i o l a t i o n s of t h i s Ordinance s h a l l n o t b e l i m i t e d t o rea l e s t a t e owners, b u t s h a l l i n c l u d e any c o n t r a c t o r , e x c a v a t o r , b u i l d e r o r p e r s o n , f i r m o r c o r p o r - a t i o n per forming a c t u a l p h y s i c a l change i n t h e r e a l e s t a t e , p r o p e r t y , s t r u c t u r e , o r s i g n . S a i d n o t i c e t o abate may be served p e r s o n a l l y , by c e r t i f i e d m a i l , o r i f s a i d n o t i c e c a n n o t be served by e i t h e r of t h e above methods, service may be made by p o s t i n g t h e p remises w i t h o n e copy of s a i d n o t i c e . A l l f i n e s c o l l e c t e d f o r t h e v i o l a t i o n o f t h i s Ord inance s h a l l be p a i d t o t h e Borough o f New M i l f o r d .

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New Milford Boro Susquehma County, Pennsylvania

R e solution No#

WHEREAS, New Milford Boro has adopted a Zoning Ordinance; and

WHEREAS, said Oirdinance provides authority for the New Milford Boro t o set f ees for the permits associated therewith;

THEREFORE BE I T RESOLVED, t h a t the following fees sha l l apply t o the various permits required by the a f o r e n t i o n e d Ordinance:

1. Basic Building/Zoning P e M t a. Accessory building o r structure--------- $ 20

1) New dwelling------------------------ $ 30 2) Addition---------------------------- $ 20 3) Alteration-------------------------- $ 15

d. Conditional use structures-------------- $2/100sf

b. Single or two family dwelling

c. Agricultural buildings------------------ no f ee

($30 minimum) . 2. Conditional Use Application------ Basic fee +$ 50

3. Cer t i f ica te of Use a. b.

Following basic building/zoning permit--$ 10 * New use not involving construction------ $ 20

4. Cer t i f ica te of Non-Confomu?ce-------------- $ 10

5.

6 .

Zoning Hearing Board Matters---------------- $300

Continuance of a Zoning Hearing------------- $100

* This f e e w i l l be charged a t the th-w of application fo r the basic buildbg/zoning pmnit.

Date: ! f / 3 / 1988 Accepted Zoning Officer

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. .--..-..- . . - - .

- day of dcL\e_rr)br I 198P - Enacted and ordained this 3d c

_.--

BY /’ President of Coun

Borough of New Mil

. . . . . . .. .. .

ATTEST:

11 Pk4 Borough ofbbew Milford

. . - . . .

Read and approved by me on this the 3 r d day of

. .

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NOTE: The Salt L i c k Cram. bed arwa Indicated as a Flood Plain 18 contemplatwi in he Borough Comphenelve Plan aa undevalopable and nnidored for future Public Recreation use,in the vlcinit ef Johnson Street . A rea8 not indica? 1 M R-1 MRB, albLit-there may be other r o s t r l c t t l u o development, w ~ d i as nteep slopes, State Crre Land, t. buffer zone to Route 81.