ZONING ORDINANCE

1 ZONING ORDINANCE q07 BOROUGH OF bridgewater BEAVER COUNTY, PENNSYLVANIA July 2000 Revised October 2000 DEVELOPED UNDER TEE DIRECTION OF: BOROUGH COUNCIL AND PLANNING COMMlSSION ZONING OFFICER BOROUGH ENGINEER BOROUGH ADMINISTRATOR PLANNING AND ZONING CONSULTANT Mullin & Lonergan Associates, Inc. Pittsburgh and Philadelphia, Pennsylvania '. USING THIS ORDINANCE : AN OVERVIEW The following describes the most efficient way to use this ZONING ORDINANCE . The following are general descriptions, but are not part of the actual ZONING ORDINANCE . Start by using the following parts of the ZONING ORDINANCE : e Turn to the Table of Contents to find the pages and sections that apply to your particular situation. You may wish to photocopy the Table of Contents to highlight the relevant sections. e Consult the ZONING Map at the end of this ZONING ORDINANCE to determine the ZONING district your lot is in. e Turn to Section 306, the Table of Permitted Uses By ZONING District, which indicates the uses permitted in each ZONING district.

2 A use is permitted in two ways: a) by right, or b) by condition (the Borough Council must approve the use after review by the Planning Commission as described in Section 1 17). e Turn to Section 307, the Table of Lot and Setback Requirements By ZONING District. This table states the required minimum area of each lot and the required minimum distance that buildings must be &om streets and other lot lines in each ZONING district. t Y \ 0 Regularly refer to the Definitions in Article II to determine the meaning of specific words. Ea lot is already being legally used for a particular purpose and that use is not permitted in the ZONING district according to Section 306, that use is called a "Non-Conforming Use". In almost all cases, a lawful Non-Conforming Use can continue can expand within limits, can change to another use within limits or can be sold. See Article IX -"Non-Conformities." Certain specific uses must comply with additional regulations.

3 Thel'principal usesI'(which are the primary use of a property) are listed in alphabetical order in Section 402 and the "accessory uses" (which are secondary uses, such as very small businesses in a home) are listed in alphabetical order in Section 403. For example, additional regulations are listed for sheds, garages and other structures typically found on a residential lot under "Residential Accessory Structures" in Section 403. Turn to the following parts of the ZONING ORDINANCE if your lot may be flood-prone: 0 Ifyour lot is low-lying or near a creek or drainage channel, study the Floodplain Map in the Borough Hall. This map shows areas expected to flood in an average 1 00-year period (called the "100-Year Floodplain"). If a tract is within the 100-year Floodplain, the regulations of Article V need to be met. An applicant also should consult a professional to determine f \ whether any Wetlands are present on the tract. If so, Federal and State wetland regulations must be complied with if the wetlands are to be altered or filled in any manner.

4 Turn to the following sections for regulations concerning parking, signs and buffer yards: 0 Many uses must provide minimum numbers of off-street Parking spaces under Section 60 1 of this ZONING ORDINANCE . The parking standards are listed in a table. 0 If Signs are proposed within public view, Article VI1 must be met. This article lists the types, heights and sizes of signs that are permitted. 0 Certain uses are required to provide an open Buffer Yard with Evergreen Screening to buffer nearby homes and adjacent residentially zoned land from nuisances. See Section 803. The following two major considerations should be kept in mind when using this ORDINANCE : 0 An applicant may apply to the Borough ZONING Hearing Board for a ZONING Variance if they are not able to comply with a provision of this ZONING ORDINANCE . An application fee is required to compensate the Borough for legal advertisements and other costs. See Section 111, which includes the standards that must be met under State law in order to be granted a variance.

5 Generally, under the Pennsylvania Municipalities Planning Code, variances are not permitted unless an applicant proves a "Hardship". 0 If one or more new lots will be created, or existing lot lines will be altered or one or more new principal non-residential buildings are proposed, then the requirements and approval procedures of the Borough's Subdivision and Land Development ORDINANCE will also apply. This is a separate ORDINANCE available at the Borough Hall. I TABLE OF CONTENTS ARTICLE 1 . ADMINISTRATION Pane: i \ 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 Purposes and Objectives .. 1 Applicability of this ORDINANCE .. 1 Enforcement. Violations and Penalties .. 1 Filing Costs and Fees .. 2 Interpretation and Similar Uses .. 2 General Procedure for Permits .. 3 Permits and Certificates .. 3 Amendments to this ZONING ORDINANCE .. 7 Curative Amendments .. 8 ZoningOfficer .. 8 ZONING Hearing Board Actions, Special Exceptions andvariances.

6 8 Board Hearings and Decisions .. 12 Appeals .. 14 Public Utility Exemptions .. 14 Borough Limited Exemption .. 15 Site Plan Review Procedures for Certain Uses .. 15 Conditional Use Process .. 17 Liability .. 19 ARTICLE 11 . DEFINITIONS 201 General Interpretation .. 20 202 TermsDefined .. 20 ARTICLE III . DISTRICTS 301 Designation of Districts .. 50 Applicability of District Regulations .. 51 305 Setbacks and Buffers Across Municipal Boundaries .. 52 306 Table of Permitted Uses by District .. 52 302 303 ZoningMap .. 51 304 DistrictBoundaries .. 52 307 Table of Lot and Setback Requirements by District .. 67 ARTICLE IV . ADDITIONAL REQUIREMENTS FOR SPECIFIC USES 40 1 Applicability .. 76 Additional Requirements for Specific Principal Uses .. 76 403 Additional Requirements for Accessory Uses .. 105 402 ARTICLE V . ENVIRONMENTAL PROTECTION AND WATERFRONT DEVELOPMENT STANDARDS 501 502 503 504 505 506 507 508 509 510 51 1 512 513 514 Additional Information.

7 116 Nuisances and Hazards to Public Safety .. 116 WetlandsReview .. 117 Setbacks fiom Beaver and Ohio River .. 117 Waterfront Development Design Standards .. 117 Steepslopes .. 120 Threats to Water Quality .. 121 SewageDisposal .. 121 Noise .. 122 Vibration .. 122 OdorsandDust .. 122 Glare .. 123 Erosion Control, Drainage, Filling, Excavation andGrading .. 123 Flood-Proneheas .. 124 I ARTICLE VI . OFF-STREET PARKING AND LOADING 601 Required Number of Parking Spaces .. 139 602 General Regulations for Off-street Parking .. 144 603 Design Standards for Off-street Parking .. 145 605 Off-street Loading .. 152 I 604 Parking and Storage of Junk Vehicles and Tractor-Trailers .. 150 ARTICLE VII . SIGNS 70 1 702 703 704 705 706 707 708 709 710 71 1 712 Applicability .. 153 153 158 160 Illuminationofsigns .. 160 Nonconforming Signs .. 153 Miscellaneous Signs Not Requiring Permits .. Freestanding, Wall and Window Signs .. Abandoned or Outdated Signs .. Location of Signs.

8 160 Vehicles Functioning as Signs .. 161 Prohibited Signs .. 161 Construction of Signs .. 161 Measurement and Major Types of Signs .. Off-Premise Signs (Including Billboards) .. 161 163 ARTICLE VI11 . GENERAL REGULATIONS 801 Frontage onto Improved Streets; Number of Uses or Buildings; Minimum Size of Dwellings .. 802 Height Exceptions .. 166 165 803 Special Lot and yard Requirements. Sight Distance and Buffer Yards .. 166 804 Landscaping .. 171 805 TemporaryUses .. 171 807 Driveway Completion .. 172 806 Subdivision and Land Development ORDINANCE i Requirements Applying to Non-Residential Buildings .. 172 ARTICLE IX . NONCONFORMITDES 901 Proof and Registration of Nonconformities .. 173 902 Continuation of Nonconformities .. 173 904 Damaged or Destroyed Nonconformities .. 175 905 Abandonment of a Nonconformity .. 175 Anotheruse .. 176 903 Expansion, Construction Upon or Change in Use ofNonconformities .. 173 906 Changes from One Nonconforming Use to.

9 1. BOROUGH OF bridgewater ZONING ORDINANCE #407 TITLE PAGE TITLE. An ORDINANCE : a) dividing the Borough of bridgewater into districts and regulating the use of land and the location, use and density of buildings within these districts; b) providing for the administration, implementation and enforcement of this ORDINANCE ; c) permitting, prohibiting, regulating and determining the uses of land, water courses and other bodies of water, the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures, the 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; d) establishing the maximum density and intensity of development; and e) establishing provisions for special exceptions and variances to be administered by a ZONING Hearing Board.

10 2. SHORT TITLE. This ZONING ORDINANCE shall be know and be cited as the "BorouPh of bridgewater ZONING ORDINANCE " of 2000. 3. SEVERABILITY. it is hereby declared to be the legislative intent that: A. If a court of competent jurisdiction declares any provisions of this ORDINANCE to be invalid or ineffective in whole or in parf the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this ORDINANCE shall continue to be separately and hlly effective. B. The Borough Council hereby declares that it would have passed this ORDINANCE and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid. 4. REPEALER. All other Borough ordinances or resolution or parts thereof that were adopted prior to this ORDINANCE and are clearly in direct conflict with this ORDINANCE are hereby repealed, including the preexisting Borough of bridgewater ZONING ORDINANCE of 1972, as amended.