ZONING ORDINANCE CITY OF HAZLETON. - l OF THE. :LUZ E RNE C6UNT v PENNSYLVANIAt-: - ~ - I .,. -j ' Adopted December 14, !

Transcription

1 - I j l 1 -~ i ~ -j ' 1 - g ~j '! -~ j 1 -! l ~.. ZONING ORDINANCE.. OF THE CITY OF HAZLETON.... :LUZ E RNE C6UNT v PENNSYLVANIAt-: - ~..... I...-..,;-.. '..,.. : I... '. Adpted December 14,

2 ZONING ORDINANCE CITY OF HAZLETON TABLE OF CONTENTS ARTICLE 1 - GENERAL PROVISIONS SECTION 1 - SECTION 2 - SECTION 3 - SECTION Titles, General Intent, Establishment f Cntrls Establishment f Districts The Zning Map Definitins, Interpretatins f Regulatins pg. 1-3 pg pg pg ARnCLE 11 - RESibi;NDAL DliDICTS.. SECTION 1... SECTION 2... SECTION 3 - SECTION 4 - SECTION 5 - Statement f Intent R-1 Lw Density Residential District R-2 Medium Density Reslde~tfal District R-3 High Density Residential District 0-S Open ~pace District pg. 27 pg pg pg pg ARTICLE Ill - OFFICE AND COMMERCIAL DIUBICTS... SECTION 1 -.SECTION 2 - SECTION 3 - SECTION 4 - Statement f Intent PrfessiOnal. Office and Cmmercial Office Dlst. CC~Central Cmmercial District CH :.. Cmmerci.a~ Highway District pg.40 pg pg pg. 4&-52. ARTICLE lv industrial DtmiCTS SECTION 1 - SECTION 2 - SECTION 3 - Statement f Intent 1-:-1 Light Industrial District 1-2 General Industrial District pg.63 pg pg. e;-e3 ARTICLE V... SIGIY$ AND SUpPLEMENTARY REGUL~OIYS SECTION 1... SECTION 2 - Stgn Regulatins. Supplementary Regulatins pg pg ARTICLE VI - MpDIBCADONS AIYD NOIYCONFORMmES SECTION 1..; SECTION 2 -. Mdificatins Nncnfrmities pg pg

3 -J ORDINANCE THE ZONING ORDINANCE OF THE CITY OF HAZLETON -1 preamble -1 1 This Ordinance is adpted In rder t prmte and prtect the public health,. safety, cmfrt, cnvenience, prsperity and ther aspects f the general welfare. -1 These general gals include, amng thers; the specific purpses set frth in the J statements f intent f the regulatins fr the respective districts. "l -, ARnCLEI -1 GENERAL PROVJSIONS SECTION 1 TIRES. GENERAL INTENT~ ESTABLISHMENT OF CONmDLS _ J 1.1 Lng Title ~ -l -1 REPEALING THE ZONING ORDINANCE F THE CITY OF HAZLETON OF.1965 AS.AMENDED, REPLACING SAID ORDINANCE WITH AN ORDINANCE PERMITTING, "PROHIBITING, REGULATING, RESTRICTING, AND DETERMINING;THE USES OF.LAND, WATERCOURSES, AND OTHER BODIES.OF.. WATER; THE.SilE,.HEIGHT,.BULK, LOCATION, ERECTION, CONSTRUCTION,. R.EPAIR,,.MAINTENANCE, ALTERATION, RAZING, REMOVAL AND use F-STRUCTURES; THE AREAS AND DIMENSIONS OF LAND AND BODIES OF WATER TO BE OCCUPIED BY.USES AND STRUCTURES AS _WELL AS COURTS, YARDS, AND OTHER OPEN SPACES AND DISTANCES TO BE LEFT UNOCCUPIED BY USES AND STRUCTURES; THE DENSITY.OF POPULATION AND INTENSITY OF USE; THE LOCATION AND SIZE OF SIGNS; CREATING ZONING DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF; CONTINUING THE OFFICE OF ZONING OFFICER; CONTINUING A ZONING HEARING BOARD; AND PROVIDING FOR THE ADMINISTRATION, AMENDMENT, ANP ENFORCEMENT OF THE ORD~NANCE, 1NCLUDING THE IMPOSITION OF PENAL TIES Shrt Title This Ordinance shall be knwn and may be cited as the Zning Ordinance f the City f Hazletn, Luzerne Cunty, Pennsylvania

4 ARTICLE VII - ZONING HEARING BOARD. SECTION 1 - SECTION 2 - SECTION 3 - SECTION 4 - Pwers and Duties - General Public Hearings Varianc's Special Exceptins pg pg pg pg ARTICLE VIII - STANDARDS FOB SpECIAL EXCEeJION USES... SECTION 1 - SECTION 2 - Requirement f Specific Standards Special ~captin. Standards pg. 116 pg ARTICLE IX.. ADMINISTBADON SECTION 1 - SECTION 2 - SECTION 3 - SECTION 4 - Administratin and Enfrcement Permit$ and Certificates Amendments Adptin pg pg pg pg. 150

5 -, - 1 -; -j _1 1 i -l i j -J! 1.3 Cmmunity Gals and Objectives The zning regulatins and districts set frth in this Ordinance are made in apcrdance with the gals, bjectives and recmmendatins f the City f Hazletn Cmprehensive Plan f 1992 with cnsideratrn fr the character f the municipality, and the suitability f the varius parts fr particular uses an~ structures, and is enacted fr the fllwing purpses: t prmte the health, safety, mrals and general welfare f the inhabitants f the City f Hazlat~J by lessening cnge$tin in the rads and streets, by securing safety frm fire and ther danger, by prviding adequate light and air, by preventing the vercrwding f the land, by aviding undue cncentratin f ppulatin, by facilitating the adequate prvisin f transprtatin, water, sewage, schls, parks; pllee prtectin and ther public requirements, as well as t cnserve the value f land and buildings. The regulatins were made with reasnable cnsideratin, amng ther things, f the existing character f the varius areas within the City and their respective suitability fr particular uses. -~ Establishment f Cntrls ~~ >r ~lnimum and. Unifrm Regulatins ~?- "' "(--he regulatins set by this Ordinance within each district shall be minimum ~~gulatins, except when the cntrary is specifically nted and shall apply ~ifrmly t each class r kind f structure f lalld. ".r:-! Cntrls Over New Usas and Structures In all districts, after the effective date f this Ordinance. any new building r ther structure, r any tract f land shall be cnstructed, develped and used nly in accrdance with the regulatins specified fr the district within which It is listed Cntrls Over Existing Uses and Structures In all districts. after the effective date f this Ordinance, any existing building r ther structure, r any tract f land which is nt in cnfrmity with the regulatins fr the district In which it is lcated shall be deemed nn-cnfrming and subject t the regulatins f Article VI. 2

6 1.4.4 Uses With Nuisance Effect In n case is a use permitted which by reasn f nise, dust, dr,. appearance, r ther bjectinable factr, creates a nuisance, hazard, r ther substantial adverse effect upn the reasnable enjyment f the surrunding prperty. Every reasnable effect must be made t prevent this effect thr.ugh: a) Cntrl f lighting. b) Design and maintenance f structures. c) Use f planting screens r attractive fences. d) Placement f structures n the site. e) Apprpriate cntrl f use. f, Prmpt remval f trash r junk. 2.1 Types f Districts SECTION 2 ESTABLISHMENT OF DISTRICTS Fr the purpses f this Ordinance the City f Hazletn is hereby divided int nine districts, designated as fllws: Residential Districts R-1 Lw:-Denslty, Residence D~strict R-2 Medium-Density Residence District R-3 High-Density Residence District 0-S Open Space District 2~ 1.2 Cmmercial Districts 0 Prfessinal Office District CC Central Cmmercial District CH Cmmercial Highway District Industrial Districts J-1 Light Industrial District 1-2 General Industrial District 3

7 Districts f Annexed Area Any territry hereafter annexed by the City f Hazletn shall be cnsidered t be zned R-1, Lw Density Residence District, until therwise classified by actin f City Cuncil. 2.3 Lt Sizes -l 1 Any lt hereafter created, as well as the pen spaces reserved n it, must equal, r exceed, the minimum sizes prescribed by this Ordinance fr the. district in which the lt is lcated, unless therwise specifically stipulated in the City f Hazletn Subdivisin and Land ~evelpment Ordinance. -l Adptin f Zning Map j SECTION 3. IHE ZONING MAP -~ - The areas within the City f Hazletn assigned t EJach district and the lcatin f bundaries fr the districts established by this Ordinance are shwn upn the Zning Map, dated 9/96, which, tgether with. all wxplanatry matter theren, Is c:jeclared t be a part f this Ordinance and.shall be kept n file with the Cuncil Clerk. Any change in bundaries f ther matter included n the Zning Map, shall be made n the Map,prmptly after amendment has been apprved by City Cuncil. 3.2.District Bundary.Linea District bundary lines shall b~ as shwn n the Zning Map. Where uncertainty exists as t.the bundaries f the znes as shwn n the City f Hazletn Zning Map, the fllwing rules shall apply: a) Bundaries indicated as apprximately fllwing the centerline f streets, highways r alleys shall be cnstrued t fllw such centerline. b) Bundaries Indicated as apprximately fll~wlng platted lt lines.shall be cnstrued ~s fllwing such lt lines. c) BOundaries indicated as apprximately fllwing municipality limits Shall be cnstrued 8S fllwing municipality limits.. d) Bundaries indicated as fllwing railrad lines shall be cnstrued t be midway between the main tracks. 4

8 e) Bundaries indicated as apprximately fllwing the centerline f streams, rivers r ther bdies f water shall be cnstrued t fllw such centerline. f) Bundaries indicated as parallel t r extensins. r features indicated ir:- Sub-sectin (a) thrugh (e) shall be s cnstrued. Distances nt specifically indicated n the Official Zning Map shall be determined by the scale f the map. g) Where physical r cultural features existing n the grund are at variance with thse shwn n the fficial zning map r in circumstances nt cvered by Sub-sectin (a) thrugh (f), the Zning Hearing Bard shall interpret the district bundaries. SECTION 4. befinmons. INTERPRETATIONS f BEGULADONS 4.1 VV~rd Usage Wrds and-phrases shall be presumed t be used in their rdinary cntext unless.s.uch wrd r phrase is defined r interpreted differently within this Sectin lnterpretadn.f Language Fr the.purpse f.this- Ordinance, certain wrds shall have the meaning assigned t. them, as fllws:. a). Wrds used in the present tense include the future. The sing_ular number includes the plural and the plural the singular. b) The wrd.. shall" is always mandatry... c) The wrd building includes structure and any part theref. d).the phrase "used fr includes arranged fra, "designed fr", intended fr, maintained fr r ccupied fr". e) The wrd persn l~;~cludes an individual, partnership, crpratin, incrprated assciatin r any t~er similar entity. f) The. ~rd includes r '*including shall nt limit the term t the ~pacified example, but is int~nded t extend its meaning t all ther instances f like, kind and character. 5

9 t f 4.2 Interpretatin f Regulatins ~ i - I 4.4 Deflnldns ' -.I j ' -1 ~ -~ The interpretatin f the regulatins f this Ordinance is intended, in additin t the prvisins f Article I ~ Sectin and Article IX - Sectin 4. 2, t be such that, whenever its requirements are at variance with any ther lawfully adpted rules, regulatin, rdinances, deed restrictins r cvenants which refer particularly t area an~ bulk regulatins, and which Impse higher standards, the mst restrictive requirement shall gvern. The fllwing wrds and phrases shall have the particular meaning assigned by this sectin, In the appr_prlate sectins_ f this Ordinance. AREA. LOT- The ttal area within the lt lines. ACCESSORY BUILDING - A subrdinate building whse use is custmarily incidental t that fa principal building, and which is used fr an accessry use as defined herein, and, lcated n ne lt with the principal building t - -,.. Which it Is subrdinate... ACCESSORY USE OR ACCESSORY - An accessry usen Is: a use 9.,0nducted n the same lt as a principal use t which it is related, and lcated either within the same structure r In an accessry structure r as 1\9-. accessry use _f land; except that ff..:street parking need nt be lcated n the. same lt. Clearly if)cidental t, and custmarily fund in cnnectin with a particular princip~l use, and either in the same wnership as such principal use r perate~ and maintained n ne lt with such principal use fr the express benefit f its Wner, emplyees, custmers r.visitrs. An accessry use Includes: Residential accmmdatins fr caretakers f institutins and large cmmercial r industrial uses. Keepin~ f dmestic animals, but nt fr sale r hire.. '. Swimming pls whse use is restricted t the ccupants f the principal use and guests fr whm n admissin r membership fee is charged. 6

10 Dmestic r agricultural strage custmarily fund in barn, shed, tl rm r similar structure. Incineratrs In cnnectin with cmmercial r manufacturing uses, as listed in Articles Ill and IV, the strage f gds nrmally carried in stck, used in, r prduced by such uses, ur:aless the strage is expressly prhibit(td under the applicable district regulatins. The remval fr sale r therwise f lam, clay, sand, gravel, r stne in cnnecti~ with the cnstructin f a building r ther structure n the same lt, r in cnnectin with gri!ding said lt, but in n case t a pint belw the legal street grade. Accessry ff-street parking spaces, pen r enclsed. Accessry ff-street lading berths. Accessry signs. Accessry radi r televisin antennas. Hme ccupatin. ALLEY - A public thrughfare which nrmally. affrds nly a secndary means f access t abutting prperty. AQVEBDSING SIGN - (See Sign, and Billbard). ' - AIBPOBT - Any landing area, excludin.g heliprts which are accessry t a principal cmmercial r industrial use, runway r ther facility designated r used r Intended t be used, either publicly r by any persn r persns, fr the l_anding and taking ff f aircraft, fixed wing r nn-fixed wing, inclu~ing all necessary taxi-ways; aircraft strage and tie-dwn areas, hangars and ther necessary buildings, and pen spaces within the airprt bundaries. ALTERATIONS AU incidental changes r replacements In the nn-structural parts f a building r ther ~tructures, and, minr changes r replacements In the structural parts f a building. r ther structure, limited t the fllwing examples and thers f similar character r extent: 7

11 -j - J -1 l -, l 1 1 -' i Alteratin f interir partitins t imprve livability in nn~ cnfrming residential buildings, prvided n additinal dwelling units are crested thereby. Alteratin f interir partitins in all ther types f buildings r ther structures. Making windws r drs in exte.rir walls. Strengthening the lad bearing capacity f a flr t permit accmmdatin f a specialized unit f machinery r. equipment, but nt ver an area which exceeds ten percent f ttal flr area. -~ -~ j - ~ APPLICAlfi- A landwner r develper, as hereinafter defined, wh has flied an applicatin fr develpment including his heirs, successrs and assigns. APPLICATION FOB DEVELOPMENT - Every applicatin, whether preliminary, tentative r final,.required t be flied and apprved prir t stai't f cnstructin r develpment including but nt limited t an applicatin fr a building permit, fr the apprval f a subdivisin plan r fr the apprval f a develpment plan. AUTHORITY - A bdy plitic and crprate created pursuant t the act f ~ay 2, 1945 (P.L. 382, N. 164), knwn as the nmunicipality Authrities Act f AUTOMOTIVE WASHING FACILITIES- Any premises used exclusively fr the washing and/r cleaning f vehicles. BASEMENT - A stry partly undergrund which has at least ne-half f its height abv, the average level f the adjining grund. A basement shall be cunted as a stry fr the purpse f height measurement if the vertical dis~ance between th(l ceiling and. the average level f the adjining grund is mre. than five (5) feet r if -used fr business r dwelling purpses, ther than as strage r recreatin rm. BILLBOARQ - An ff premises sign upn which advertising matter f any character is printed, psted r lettered. Such a sign may be either freestanding r attached t a surface f a building r ther structure. 8

12 BLOCK - A tract f land bunded n three sides by any cmbinatin f the fllwing: Streets Public Park Railrad right-f-way~ excluding siding and spurs Crprate bundary lines f the City f Hazletn BOARDING HOUSE -. See Rming Huse BUILI)ING - Any structure having a rf supprted by walls and intended fr shelter,. husing r enclsure f persns, animals r chattel. BULK- Bulk is the term used t describe the.size f buildings r ther structures and their relatinship t ne anther, t pen areas such as yards, and t lt lines. The term bulk,. therefre, includes: The size, including height and flr area, f building r. ther.structure. The relatin f the number f dwelling units in a residential. building t the area f the lt. The relatin f. buildings and ther struc?tures.t areas in pen yards. CENTER LINE OF STREET - (See Street, Center Line Of) Ct:IILQ-CABE CENTER - A facility dedicated t the care f children during daylight hurs. C.llY - Hazletn City, Luzerne Cunty, PA. CQDE ENFORCEMENT OFFICER- Appinted by Mayr. CQM~ON OPEN SPACE - A parcel r pareel~ f land r an area f waste, r a cmbinatin f land and water within a develpment -site and designed and intended fr the use r. enjyment f residents f a develpment nt Including streets, ff street parkin.g areas,. and areas sat aside fr public facilities. CQMPBEf:IENSIYE PLAN - The fficial public dcument prepared in accrdance with the Pennsylvania Municipalities Planning Cda, Act 170 f 9

13 1988, as amended, cnsisting f maps, charts, and textual materials, that cnstitutes a plicy guide t decisins abut the physical and scial develpment f the City f Hazletn, adpted in 1992 and as amended frm. time t time. _] 1 ' CONDITIONAL use - A use which is nt apprpriate t a particular zning district as a whle, but which may be suitable in certain lcalities within the district nly when specific cnditins and factrs prescribed fur such cases within the Zning Ordinance are present. Cnditinal uses are allwed r denied by the Planning Cmmissi_n. ~ -; CONVENIENCE STOBE A Cmmercial facility fr the sale f fqod and sundry items. The sale f gasline and related prducts, and/r the repair f vehicles, requires a special. exceptin t be granted by the Zning Bard. -1 _; CORNER LOT - A lt with tw (2} adjacent sides abutting n streets which has an Interir angle f less than ne hundred thirty-five (135) degrees at the intersectin f the tw (2) street lines. A lt abutting n a curved street shall be cnsidered a crner lt if the tangents t the curve at the pints f intersectin f the side lt lines with the street line intersect at an interir angle f less than ne hundred thirty-five ( 135) degrees. COUNTY PLANNING COMMISSION - The Luzerne Cunty Planning Cmmissin. CURB LEYEL - The fficially established elevatin f the tp f curb in frnt f the midpint f the lt. DAY -CABE CENTER - A facility dedicated t the husing and ca~e f elderly persns~ DEVELOPE& Any landwner, agent f such landwner, r tenant with the permissin f such landwner. wh makes r causes t be mad~ a subdivisin f land r a land develpment. DEYELOPMENT PLAN - The prvisins fr develpment, including a planned residential develpment, a plat f subdivisin, all cvenants relating t use, lcatin and bulk f buildings and ther structures, intensity f use r density f develp"tl~lent, streets, ways and parking facilities, cmmn pen space and public facilities. The phrase "prvisins f the develpment plan" When used in this act shall mean the written and graphic materials referred t in this definitin. 10

14 POMICILIARY CARe UNIT- (Persnal Care)- See Day-Care Center. DRIVEWAY - A minr vehicular right-f-way prviding access between a street and a parking area, garage, r a structure within a lt r prperty. A driveway may als be used fr shrt-term, temprary parking f vehicles. DWELLING - A building r structure.designed fr living quarters fr. ne r mre families, including mbile hmes, which are supprted either by a fundatin r by blcks r jacks cvered by skirts r are therwise permanently attached t the land and anchred against wind and water mvement, but nt including rming huses, cnvalescent hmes, mtels, htels, and turist hmes r ther accmmdatins used fr transient ccupancy. Apartment - A dwelling cntaining three (3) r mre dwelling units which may be separated hrizntally and/r _vertically. The individual dwelling units may r may nt be in separate wnership, hwever, the land shall be in single wnership r in cm~n wnership. Single-FamUy Detached - A dwelling unit, nt attached t any ther dwelling unit, accmmdating a single family and having tw side yards. Single-Family Semi-Detached - Tw dwelling units accmmdating tw families which are attached side by side thrugh the use f a party wall, and having ne side yard adjacent t each dwelling unit. Tw-Family Detach~d - Tw dwelling units accmmdating tw families which are lcated ne ver the ther and having tw side yards. Tw-Family Semi-Detached - Fur dwelling units accmmdating fur families, tw units f which are lcated directly ver the ther tw units. Twnhuse - (Rw Dwelling) Three r mre dwelling units, but nt mre than eight (8), accmmdating three r mre families which are attached side by 'Ide ttlrugh the use f cmmn party walls and which shall have side yards adjacent t each end unit. Each dwelling unit Is generally tw stries in height, but may cnceivably be either ne r three stries in eight: 11

15 -l. B -j _J l '~ 0 Garden Apartments - Three r mre dwelling units accmmdating three r mre families which are lcated ne \fer the ther and which, when mre than three units are utilized, are attached side by side thrugh the use f cmmn party walls, and which shall have side yards adjacent t each first $try end unit. Each dwelling unit Is accessible by a cmmc?n walkway r sta.irwell. 1 -J' 1 0 Zer Lt Llni Dwelling - A single-family dwelling unit with n mre than tw exterir walls lcated n a lt line with n crrespnding year area; prvided hwever, that single famjiy semi detached defined, shall nt be deemed t be zer lt line dwellings. Zer lt line dwellings may share up t tw. cmmn walls with ther zer lt line dwellings. DWELLING UNJI A Rdwelliilg unit cnsists f ne r mre rms. being used.by ne r rnre persns living tge~her and maintaining a cmmn husehld, and accessible frm the utdrs either directly r thrugh an entrance hall shared with ther dwelling units. EASEMENT- A right-f-way granted fr limited use f private land fr a public r quasi-public purpse, and within which the ~wner f the prperty shall.nt have the right t make use f the land In a manner that vilates the right f the.grantee. ENLARGEMENT- An enlargement".is an additin t the flr area r an &X;Isting b~ilding, an increase in size. f anther structure, r an increase in that prtin f a t~act f land.n existing use. FAMILY; A single persn ccupying a dwelling unit and maintaining a husehld, r Tw r mre persns related by bld r marriage, ccupying dwelling unit, living tgether and maintaining a cmmn husehld, Including nt mte than ne barder, rmer r ldger, r Nt mre than five (5) unrelated persns ccupying a dwelling unit, living tgether and maintaining a cmmn husehld. 12

16 FLOOR ABEA - The sum f the grs~ area f the several flrs f a building r buildings measured frm the face f exterir walls r frm centerlines f walls separating tw. buildings. lri particular, flr area includ.es: Basement space, except such enclsure as des nt have any windws n exterir walls.. Elevatr shafts, stairwells and attic space (whether r nt a flr has been laid} prviding structural headrm f eight feet r mre. Rfed terraces, exterir balcnies, breezeways r prches, prvided that ver 50 percent f ~e perimeter f these is enclsed. Any ther flr space used fr dwelling purpses, n matter where lcated wlth.in a building. Accessry buildings, excluding space used fr accessry ffstreet parking r fr lading. benhs. Any ther flr space nt specifically excluded, except space used fr air cnditining machinery r cling twers and similar mechanical equipment serving the building and cellar space. FLOOR AREA RATIO- "Flr Area Rati" represents the ttal flr area allwable. n a given lt, divided by the area f that lt. (Fr example, a building cntaining 15,000 sq. ft. f flr area n a given lt f 10,000 sq. ft. f lt area has flr area ratis f 1.5). FRONT YARD.~ (See Yard) EBONT YARD.LINE.. (See Yard Line) GARAGE, PUBLIC - (See Parking Garage).. GARAGE. PRIVATE- An accessry t a principal building, either attached t it r separate, and used fr strage purpses, and ther persnal uses f an wner~ r tenant. GOVERNING BODY- The City Cuncil. 13

17 - i j GB.OUP HOME~ ~ HEIGHT OF BUii.DING- The vertical distance measured frm the average level f finished grade alng all the exterir walls f a building t: 0 0 The highest pint f the rf. in the case f a flat rf; The mean height between eaves and ridge, in the case f a pitched rf; and -I 0 The highest pint n any structure which rises whlly r partly abve the rf line, and whse area equals r exceeds 20 percent f the grund flr area f the building which supprts it. HEIGHT OF SIGN- The vertical distance measured: -1! ~.. ' 0 Frm grund level t the. highest pint n the sign itself and/r its supprting structure~ 0 Alng the face f the sign r its supprting frame frm lwest pint t highest. ~OME OCCUPATION - An. ccupatin in the hme that is limited t the ccupatinal activities f the resident, and. Is clearly incidental r secndary t the (esidt;ma;ial use f the dwelling unit, r Is. custmarily carried n within a dwelling unit r accessry building by ne r mre ccupants f suqh dwelling unit, except that, in cnnectin with the practice f the medical prfessin r with ther ffices whse peratins require supplementary secretarial, clerical, accunting r drafting skills, ne persn nt residing in such dwelling may be emplyed. Occupies nt mre than 25 percent f the ttal flr area f such dwelling unit r 500 sq. ft., whichever is less. In cnnectin with the peratin f a hme ccupatin it shall nt be permitted: T sell articles prduced elsewhere than n the premises. 14

18 T have interir displays f gds visible frm the utside. T stre materials r prducts utsid~ a principal. r accessry building r ther structure. T make external alteratins wh,ch are nt custmary in residential buildings. T prduce ffensive and disturbing nise, smke, dr r ther bjectinable effects. Hme ccupatins include: Fine arts studis, phtgraphy, private instructin, clergy, physician, dentist, lawyer, engineer, accuntant, architect, barber and beauty shp, dressmaking, sten service, cnsulting, r similar ccupatins, but excluding the fllwing ccupatins r uses which shall include but are nt limited t cmmercial stables r kennels, real estate r. insurance ffices, cmmercial merchandising r retail activities, and any ccu.patin that may custmarily require the use f a panel truck r 8 delivery truck r SifJlilar vehicle. HOTEL - A building r part f a building in which living and sleeping accmmdatins are -used primarily fr 11'8nsient ccupancy and may be rented n a daily basis, and desk service Is prvided, in additin t ne r mre f the fllwing services: maid, telephne, ~ellby services, r the furnishing r laundering_ f linens. A restaurant, ccktail lunge, public banquet hall, ballrm, r meeting rm are permitted as an accessry use. LAND DEVELOPMENT - The imprvement f ne lt r tw r mre cntiguus lts, tracts r parcels f land fr any purpse Invlving: A grup f tw r mre residential r nnresidential buildings, whether prpsed Initially r cumulatively, r a single nnresidential building n a lt r lts regardless f the number f ccupants r tenure; r 15

19 -i j -1 g 0 0 The divisin r allcatin f land r space, whether initially r cumulatively, between r amng tw r mre existing r prspective ccupants by means f, r fr the purpse f streets, cmmn areas, leasehlds, cndminiums, building grups r ther features. A subdivisin f land. -j' 1 -l 1 -~ LANQOWNER - The legal r beneficial wner r wners f land including the hlder f an ptin r cntract t purchase (whether r nt such ptin r cntract Is subject t any cnditin), a lessee if he is authrized under the lease t exercise the rights f the landwner, r ther persn having a pr'!p rietary int~rest in land. JJJJ: A designated parcel, tract r area f land established by a plat r therwise as permitted by law and t be used, develped r built upn as a unit -1.,\PI. LINE. FRONT - The street line separating the lt frm the street, said J~na ~eing lt frnt line as described in lt deeds.?--~ LOT LINE. BEAR- Any lt line, except a frnt lt line, which Is parallel t, r Within 45 degrees f being parallel t, and des nt intersect and street line;. hen an alley exists, It cincides with the accepted. bundary f such alley~ ;).: J{l the case f a crnet lt, the wner r develper may make a different designatin. See definitin f crner lt" fr reqvirements. LOT LINE. SIDE - Any lt line which Is nt a frnt lt line r a rear lt line. In the case f a crner lt, the wner r develper may make a different designatin. See definitin f crner Lt fr requirements. MEDIATION - A vluntary negtiating prcess In which parties In a dispute mutually select a neutral mediatr t assist them In Jintly explring and settling :their differences, culminating In a written agreement which the parties themselves create $nd cnsider acceptable. MINI-MART - See Cnvenience Stre... MOBILE HOME- A transprtable, single family dwelling Intended fr permanent ccupancy, cntained In ne un~t, r In tw r mre units d~signed t be jined int ne integral unit capable f agahi being separated fr repeated twing, which arrives at a site cmplete and ready fr ccupancy except fr minr and incidental unpacking and assembly 16

20 peratins, and cnstructed s that it may be used withut a permanent fundatin. MOBILE HOME LQT - A parcel f land in a mbile hme park, imprved with the necessary utility cnnectins and ther appurtenances necessary fr the erectins theren f a single mbilehme. MOBILE HOME PARK - A parcel r cntiguus parcels f rand which has been s designated and imprved that it cntains tw r mre mbilehme lts. fr the placement theren f mbile hmes. MOTEL - Building r a grup f buildings which: Cntain living and sleeping accmmdatins used primarily fr transient ccupancy, and Have individual entrances frm utside the building t serve each such living r sleeping unit. MUNICIPAL AUTHORITY - A bdy plitic and crprate create pursuant t the act f May 2, 1945 (P.L. 382, N. 164), knwn as the Municipality Authrities Act f 1945n..:.MUNICIPAL-ENGINEER -. A-~.prfesslnal.engineer licensed as such In the Cmmnwealth'i:Jf.Pennsylvanla, duly, appinted as the engineer fr a municipality, planning agency r jint planning cmmissin. MUNICIPALII'( - Any City f secrid Class A r third class, brugh, incrprated twn, twnship f the first-r secnd class, cunty f the secnd cl~ss A thrugh eighth class, hme rule municipality, r any similar ge~eral purpse unit f gvernment which shall hereafter be created by the Gener~l Assembly. MULD-EAMILY OR TWO-fAMILY CONVERSIONS - A multi-fainily r tw family dwelling cnstructed by cnverting an existing building Int apar:tments fr mre than ne family, withut substantially altering the exterir f the building. NONCONFORMITY - A use, structure, lt r dimensin in cnflict with the regulatins f t~ls Ordinance. Existing n the effective date f this Ordinance, r 17

21 0 0 Existing at any subsequ.ent amendment f this Ordinance, r Created by variance. Specifically, the fllwing types f nncnfrmities are distinguished: -1 j -i j J -1-1 I NON-CONFORMING STRUCTURE - A structure r part f a structure manifestly nt designed t cmply with the applicable use r extent f use prvisins in a zning rdinance r amendment heretfre r hereafter enacted, where such structure lawfully existed prir t the enactment f such rdinance r amendment r prir t the applicatin f such rdinance r amendment t its lcatin by reasn f annexatin. Such nncnfrming structures include, but are nt limited t, nn-cnfrming signs. NON-CONFORMING LOT - A lt the area r dimensin f which was lawful prir t the adptin r amendment f a zning rdinance, but which fails t cnfrm t the requirements f the zning district hi which it is lcated by.reasns f sue~ adptin r amendment. NON-CONFORMING USE - A use, wheth~r f land r f structure, which (fpes nt cmp1y with the applicable use prvisins in a zning rdinance r -~ ~p1endment heretfre r hereafter enacted, where such use was lawfully in ~'.dstence prir t the enactment f such rdinance r amendment, r prir t the applicatin f such rdinance r amendment t its lcatin by reasn -f annexatin. -~.;,. - OPEN SPACE~ Predminantly und,velped land which shuld remain permanently pen t serve public purpse. ORDINANCE - Shall refer t Individual Ordinances enacted by the City f Hazletn, Luzerne Cunty. OWNER - The wner f recrd f a parcel f land. PARKING GARAGE- A building r structure prvided fr the general public designated fr shrt-term temprary parking f vehicles. Vehicles shall be limited t currently registered and inspected vehicles. PARKING LOT- A lt prvided fr the use f the general public designated fr shrt-term temprary parking f vehicles. Vehicles shall be limited t currently registered and inspected vehicles. 18

22 PA_BKlNG SPACE - An pen space with a dustless all-weather surface, r space In a private garage r ther structure, r; an area f at least 9 x 18 feet in size, fr the strage f ne autmbile, accessible frm a public way. PLANS- Drawings which shw the icatin, character, and dimensins f the prpsed ccupancy and related radway f~~tures, including layuts, prfiles, crss-sectins, drainage and ther details as specified in the Hazletn Subdivisin and Land Develpment Ordinance. Final Plan - A cmplete and exact subdivisin and/r land develpmem plan, including all supplementary data specified in the Subdivisin and Land Develpment Ordinance. Imprvement Cnstructin Plan - A cmplete and exact subdivisin and/r land develpment plan the sld purpse f which is t permit the cnstructin f nly thse Imprvements required by the Subdivisin and Land Develpment Ordinance, as an alternative t guaranteeing the cmpletin f thse imprvements by a crprate bnd r ther s"'rety.. L~t Add-On Plan - A cmplete and exact subdivisin plan including all supplementary data specified in the Subdivisin ~nd Land Develpment Ordinance. Preliminary. Plan - A subdivisin and/r rand develpment plan including all required ~upplementary data specified In the Subdivisin and Land Develpment Ordinance, shwing apprximate lcatins... Recrd Plan - A Final Plan which cntains the riginal endrsement f the City. and the Luzerne Cunty Planning Cmmissin, which Is intended t be recrded with the Luzerne Cunty Recrder f Deeds. Sketch Plan - A plan shwing the. tentative street traffic pattern and/r lt layut, t be used fr Infrmal discussin with the City staff prir t preparatin f the preliminary and/r final. plan(s). PLANNING AGENCY - A planning cmmissin, planning department, r a planning cmmittee f the gverning bdy. 19

23 ~ - J j j; PLANNED INPUSTBIAL DEVELOPMENT."An area f land cntrlled _by a single landwner and develped as a single entity fr a number f industrial firms, and planned and apprved within -the requirements f the Light Industrial District 1-1 l -~ -1 ~ ; l PLAT The map r plan f a subdivisin r land develpment, whether prelimin~jrv ~r final. PBI~CIPAL BUILDING OR STRUCTURE - A building r structure In which is cqnducted the principal use f the lt n which the building r structure is lcated. - ~ f731ncipal USE - The primary use f a building, s~ructure r lt. ~... eepeary LINE - A recrded bundary f a lt. Hwever, any prperty line \iyhlch abuts a street" r ther public r quasi-public way shall be measured frm the right-f-way. r. rjiblic GROUNPS Parks, playgrunds, trails, paths and ther recreatinal areas and ther public areas; Sites fr schls, sewage treatment. refuse (llspsal and ther publicly wned ~r perated facillt~ea; and Publicly wned r perated scenic and histric sites. PUBUC HEARING... A frm~l meeting held pursuant t public ntice by the gverning bdy r planning agency, intended t infrm and btain public cmment,. prir t takl~g actin in accrdance with this act. PUBLIC MEETING - A frum held pursuant t ntice under the act f July 3, 191l18 (P.L.. 388, N. 84), knwn as the sunshine Act"... PUBLIC Nnce... Ntice published nce each week fr tw successive weeks in a newspaper f general circulatin in the municipality. Such ntice 20

24 shan state theme and place f the hearing and the particular nature f the matter t be cnsidered at the hearing. The first publicatin shall nt be mr~ than 30 days and the secnd publicatin shall nt be less than seven days frm the date f the hearing. PUBLIC SEWER * A system f prviding sanitary sewage cllectin and treatment which is wned and/r perated by a Municipal Gverning Bdy and/r an Authrity. PUBLIC USES * Public and nnprfit seml*public use f a welfare and educatinal nature, such as schls, parks, churches, cemeteries, histrical restratins, fire statins, municipal.. buildings, essential public utilities, nnprfit recreatinal facilities,.and.easements fr alleys, streets and public utifity right~f-ways. Private schls shan nt be cnsidered public uses, per se.. PUBLIC WATER - A system prviding ptable water which is wned and/r perated by a Mun_iclpal Gverning Bdy and(r an Authrity. BEAR YARD (See Yard) BEAR YABP LINE (See Yard Une) BIG.HJ-PE-WAY -- The ttal width f any land reserved r dedicated as a street, alley, pedestrian way, r fr ther public r private use. ROOMING HOUSE - A building cntaining a single dwelling unit and guest rms, wher$ ldging Is prvided with r withut meals fr cmpensatin. The term "Rming.Huse" includes the term "Barding Huse. SERVICE STADON - '-and and structures used r designed t be used fr the supply f fuel fr mtr vehicles and which n:-av include facilities used r designed t be used fr cleaning r servicing mtr vehicles... SETBACK- The required hrizntal distance between a setback line and a prc)perty r street line. 21

25 - J f - J j -l -, j < -'l ~ -! t ~ -l l -] i Frnt - The distance between the street right-f-way line and the.frnt setback line prjected the full width f the lt. Cmmnly called trnt yard. Rear- The distance between the rear lt line and the rear setback line prjected the full width f the lt. Cmmnly. called.. rear yard. Side - The distance between the side lt line and the side setback line prjected frm the frnt setback line t the rear setback line. Cmmnly called.. sid~ yard... Line... A line within a prperty and parallel t a prperty r street line which delineates the required minimum distance between a structure and that prperty r street line. ~HOPPING CENTER. DESIGNED An area which Is designed t accmmdate retail trade and persnal services within a single land hlding in such a way as t prvide cmbined parking facilities fr the expected custmers f the varius stres, cmbined lading facilities fr these stres pedestrian circulatin near the stres and at the appraches t them and a singie maintenance system. A shpping area where the stres d nt necessarily face frnt n the- street but rather gruped tgether t aff.-d maximum prximity t each ther, r Where mre than six (6) stres are prvided n the same lt. SIQE YA_Rp - (~ee Yard) SIQE YARD LINE... (See Yard Line) SIGN - A device fr visual cmmunicatin that is used t bring the subject t the attentin f the public, but nt including lettering r symbls that are 22

26 an integral part f anther structure r flags r ther insignia f any gvernment, gvernment agency, r f any civic, charitable, religius, fraternal, r similar rganizatin Advertising Sign - A sign whse majr purpse is fr directing attentin t a business cmmdity, service, r entertainment cnducted, sld r ffered elsewhere than upn the same lt, such as billbards. Business Sign - A sign directing attentin t a business r prfessin cnducted n the same lt r, as incidental t a. business, t prducts sld upn the same lt. Temprary Sign...;. Temprary signs permitted by this Ordinance include signs that: ;:.. Offer premises fr sale, rent, r develpment.,.advertise the :ser.vices.f building trades engaged in cnstructin r alteratin f the premises upn which the sign. is lcated, r A~vertise a specl~l even~. Temprary signs shall be remved upn ccupatin f premises, r within seven (7) calendar days after wrk has been cmpleted r, clsing has taken place, r the event advertised has taken.place. SPECIAL EXCEPIIQN - A use permitted in a particular zning district pursuant t the prvisins f Articles VII and VIII. STORY- That prtin f a building lcated between the surface f any flr, and the next flr abve it; if there Is nt mre than ne flr, the space between any flr 1 and the ceiling next abve it shall be cnsidered a stry 23

27 l 1 I -I j -l ~ -j J j STREET- Includes street, avenue, bulevard, rad, highway, parkway, lane, alley, viaduct and any ther ways used. r in~ended t be used by vehicular traffic r pedestrians whether public r private. STREET. CENTER LINE OF.- The center line f a street which is usually equidistant frm bth street lines. STREET LINE - A bundary f publicly used way as shwn n the tax map 1 and 8 lt line separating a street frm ther land -~ 1 j -~ STBUC'fURE - Any man-made bject having an ascertainable statinary lcatin n in land r water, whether r nt affixed t the land. $SJBPIVJSION - The divisin r redivisln f a rt, tract r parcel f land by any means Int tw r mre lts, tracts, parcels r ther divisins f land including ct1anges in existing lt lines fr the purpse, whether Immediate r fpture, r lease, partitin by the curt fr distributin t heirs r devisees, transfer f wnership r build~ng r lt develpment. Prvided, hwever, -mat the subdivisin by l~ase f land fr agricultural purpses Int parcels f mre than ten acres, f!ot Invlving any new street r easement f access r any rasfdenti~l dwelling, shall be exe~pted~ SUBSTANTIALLY COMPLETED ~ Where, In the judgment f the municipal englneer~ afleast 90%- (based n the cst f the required Imprvements fr which financial security was psted pursua"t t Sectin 509 f the PA MPC) f thse lm.prvements required as a cnditin fr final apprval have been cmpl,ted In accrdance with the apprved plan, s that the prject will be able t be used, ccupied r perated fr its intended use. mailer ~ SMALl UDLIJy - Any trailer usu~lly drawn by a passenger aut used fr the ccasinal transprtatin f persnal effects. 1LS.E- The specific purpse fr which land r a structure is designed, arranged, intended. ccupied r maintained. 24

28 Accessry Use - A use custmarily incidental ~nd subrdinate t the principal use r building and lcated n the same lt with this principal use r building. Principal Use - The main r primary use f prperty r. structures, measured in terms f net flr area, r where n net flr area exists, measured in terms f net land area. VARIANCE - Relief granted pursuant t the prvisins f Articles VI and IX. YABP - An pen, unccupied space, ther than a curtyard, n the same lt with a. building, unbstructed artificiaily frm the grund t the sky. -.:.r 0 Minimum Dimensins - The least distance at any pint, measured at grade frm arid parallel t a lt line t the building line. Frnt - An pen unccupied space n the same lt with a main building, e~anding the full Width f the lt and situated be.tween the street' right-f-way line and the frnt f the buil~ing. The depth f the frnt yard shall be measured between the frnt line f the building and the street right-fway lie pr lt line, which ever is clser t the frnt line f the building. Prches r decks, whether enclsed r unenclsed, shall b~ cnsidered as.part f the main building and shall nt prject Int a required frnt yard. Rear - An pen unccupied space n the same lt with a main building ~.xtending the full width f ~he lt and situated. between the rear line f the lt and the rear line f the building prjt:tcted t the side lines f the lt. The depth f the rear yard shall be measured between the rear line f the lt and. the rear line f the building. Prches r decks, whether enclsed r unenclsed, shall be cnsidered as part f the main building and may prject t within 50 percent f the required rear-yard setback. 25

29 -J -i J ' -~ J - j j - i f l -l. 0. Side - An pen unccupied space n the same lt with the building situated between the building and the side line f the lt and extending frm the frnt yard t the rear yard. Any lt line nt a rear line r a frnt line shall be deemed a side line. Prches r decks, whether encls~d r unenc_lsed, shall be cnsidered as part_ f the main building and shall nt prject int the required side yards. YABP LINE - A line drawn parallel t its crrespnding lt line at a distance specified as the _required depth f yard in each respective case. 0 Frnt - A nfrnt yard line" bunds the frnt yard and Is parallel t the frnt lt line. Rear - A rear yard line" bunds the rear yard and is parallel t the rear lt line. Side - A sjda yard line bunds the side yard and is parallel t the side lt line. ZONING QISmrCT - A gegraphic subdivisin f and within the City f Hazletn as delineated n an Official Zning Map fr which the requirements f an Ordinance gverning the uses, densities, yards, etc are unifrm herein. loninf.l MAP - The Master Zning Map f the City f Hazletn as maintained In the City Office. " ZONING OFFICER."The persn appinted by the Mayr, wh Is in charge with the administratin and enfrcement f the Zning Ordinance. ZONING PERMIT.. A permit issued by the Zning Officer stating that the purpse. fr which a building t_ land Is t be used Is in cnfrmity with the uses permitted and all ther reqt,.drements under this Ordinance fr the zna in which It Is lcated r is t be lcated.

30 ARTICLE II RESIDENTIAL DISTRICTS SECTION 1 - SIAI MENT OF INTENT In additin t the general gals listed in the preamble and Article I established in this regulatin are intended t achieve the fllwing: a) T prvide sufficient space, apprpriately lcated, fr residential develpment t meet the husing needs f the present and expected future ppulatins f the City, within the range f huse types anticipated.- b} T assure light, air and pri~~cy, as far as pssible, by cntrlling the spacing and height f buildings and ther structures. c) T prtect residential areas against hazard~ f fires, ffensive nise, vibratin, smke, drs, glare r ther bjectinable Influences.~ d) T prevent cngestin, as far as pssible, by regulating the density f ppu,latin and the bulk f buildings, and by prvldlng fr ff-street parking. e) T prtect residential neighbrhds, as far as pssible, against. heavy traffl~ r thrugh traffic. fj T make pssible prvisin f thse public and private educatinal, recreatinal, health and similar facilities serving the needs f nearby residents, which perfrm mst effectively in a residential envirnment and d nt 'create bjectinable influences.. g) T prmte the mst desirable use f land and directin f building develpment in accrd with a wall-cnsidered plan, t prmte stable residential. develpment, t prtect the character f any. district. and its. peculiar suitability fr particular uses, t cnserve the value f land and buildings, and t prtect the City's tax revenues. 27

31 ' - ~ I j _, j - l 2.1 Purpse j SECTION 2- R-1... LOW DENSITY RESIDENTIAL DI~BICT -1 j -l l The R-1 Residential District is cmpsed f lw density residential areas f the City and pen space where similar residential develpment Is likely t ccur. The purpse f this district is t permit residential develpment.at a lw density; t prvide standards which will encurage the installatin f public facilities and the preservatin f permanent public pen space; t exclude activities f a cmmercial r Industrial nature, and any activities nt cmpatible witn residential develpment; and t therwise ~reate cnditin cnducive t carrying ut these and ther.brad purpses f this rdinance. 2.2 ~rmlttad Uses and Use by Spacial Exceptin _, ~-.. The chart n the fllwing page refers t the permitted uses and uses by ~pecial exceptin in a R-1 District _.:f! Ac!=eury- Use Only the fllwing accessry uses.shall be permitted: ' a. Custmary accessry uses in residential areas, but excluding hme ccupatins except by special exceptin. 2.4 Public Utilities All uses In this District prviding private r public restrm facilities will be served by public wat~r and public sewage dispsal. 2.5 Area and Bulk Requirement~ The chart n the fllwing page refers t the minimum area and bulk requirements. Lt width - Lt width refers t the minimum width at the building setback line, nt at the right-f-way line. Refer t the 28

32 chart fr minimum lt width fr specific uses. Yards - Each crner lt shall have a minimum f a 35 ft frnt yard fr each yard which abuts a street. Lt Cverage - Lt cverage refers t al~ buildings and $tl'uct"'res- n the lt including accessry structures, which Include utility sheds; -with the e;xceptin f swimming pls, sidewalks, gr'-'nd-level patis, and grund-level drivew~ys prvided, hwever that said driveways and patis d nt cntain a permanent structure. 0 Height- N building shall be- erected t a height in excess f 35 feet; prvided, hwever, that this height. may be increased by 1 ft fr each additinal ft that the width f each yard exceeds the minimum required, t a maximum f 35 feet. 29

33 ~!~~ c co M ~~ ~~ Use Nu.mba' 'R. l R~idmtlal District PEKMIITEDUSIS frnt J Rear f Side Yd Yard 'Yud Lt Size Street frnt.~ae Builc:UIIa Height J.f Lt everaat 2 lacre 35F1' ~. --r- ~~ Pllf'Jil~,_, ~...,.,.,.,...,~.,~....->,.

34 SECTION MEDIUM DENSITY RESIDENTIAL DISTRICT 3.1 Purpse The purpse f the R-2 Rasidenti_al District is t prvide fr the rderly extensin and expansin f areas that ffer residential neighbrhd at a medium density; t carefully cntrl the types f husing; t ensure cmpatibility with existing huses; t carefully prtect the areas frm uses that may nt be fully cmpatible. 3.2 Permitted Uses and Use By Special Exceptin The chart n.the fllwing page refers t the permitted uses and uses by special exceptin in an R-2 District. 3.3 Accessry Uses Only the fllwing accessry uses -shall be permitted: a Custmary accessry uses in--residential areas, excluding hme ccupatins except by special.exceptin. 3.4 Public Utilities.... All use intended fr human use r ccupancy must be served by public water and/r by a private water arid sewer system which meats DEB apprval. 3.5 Area and Bulk Requirements The chart n the fllwing page refers t the minimum area and bulk requirements... Lt width - Lt width refers t the minimum width at the building setback line, nt at the right-f-way line. Refer t the chart fr -minimum lt width fr specific uses. Yards - Each crner lt shall have a minimum f a 35 ft fi'nt yard fr each yard whic~ abuts a street. 31

35 , ~..., ,. 'l. Wd I t:r''"m=:t.. l - ><: ~-... ~ 2 UUNULII.IIAMILY lilimi I I ISR I 25FT r-----~~ 8'-f ":.-,., BACH END...,... ~fit/ 3SF:f I. 40S DWIWNOUNIT 15.FI' I 25FT lofton l.ooosqfi' 30FT/ 35FT BA.CHBND PBRUNIT DWBLUHOUNIT I 40S IEIOHTUNJTSI I I Ci -... _ cl. I I '. ''

36 Lt Cverage- Lt cverage refers t all buildings and structures n the lt including accessry structures, which include utility sheds, with the exceptin f swimming pls, sidewalks, grund-level patis, and grund-level driveways prvided, hwever, that said driveways_ and patis d nt cntain a permanent structure. Height - N building shall be erected t a height hi excess 9f 30 feet; prvided, hweyer, that this height may be increased by 1 ft fr each additinal ft that the width f each yard exceeds the minimum required, t a maximum f 35 feet. SECnON HIGI:I DENSITY RESIDENDAL DISmiCT 4.1 Purpse ;.,.. The. purpse f the R-3.. Residentlal D.istrict is t recgnize the lder and denser residential sectins f the City; t.prvide a variety f husing types at higher densities; t make. sure that the varied husing types are cmpatible with- the existing husing; t wrk t encurage affrdable husing, es,:;ecially fr yung families and senir citizens; t make sure that they City a street systeni, cmmunity facilities and services are fully able t handle mderately dense grwth; t exclude activities which are nt cmpatible with residential develpment. 4.2 Permitted Uses and Use by Special Exceptin The chart ~ the fllwing page refers. t the minimum area and bulk requirements. 4.3 Acca~sry Uses Only the fll~wing accessry uses ~h-11 be permitted: a. Custmary accessry uses in residential areas, including hme ccupatins. 33

37 -,.l -J 4.4 Area and Bulk Requirements -. j The chart il the fllwing page refers t the minimum area and bulk requirements. ~ :: 34

38 ,{ - l -....~... lp.''"' I= 2 'fl... =..., JV (" J -.v,.., Rl-:''fiR MF.NT VII.I.AGE. luo Ff 4~.-.:.

39 _J I - l J _j l -] 1 ' -i i ; -l l -I Lt width - Lt width refers t the minimum width at the building setback line, nt at the right-f-way line. Refer t the chart fr minimum lt width fr specific uses. Yards - Each crner lt shall have a minimum f a 35 ft frnt yard fr each yard which abuts" a street. Lt Cverage - Lt cverage refers t all buildings and structures n the lt Including accessry structures, which include utility sheds, with the exceptin f swimming pls, sidewalks, grund-level patis, and grund-level driveways prvided, hwever, that said driveways and patis d nt cntain a permanent structure....,.. 0 Height - N building shall be erected t a height in excess f 35 feet; prvided, hwever, that this height may be Increased by 1 ft fr each additinal ft that the width f each yard exceeds the minimum required, t a maximum f 35 feet SECTION 6.O-S - OPEN SPACE DISTBICT 6~-1 Purpse The purp9se f the O-S Open Space District is t reserve r cnserve undevelped land fr recreatinal and cnservatin purpses and t discurage the scattering f cmmercial, industrial, residential and ther. urban type uses thrughut predminately frested areas, areas with steep slpes and/r rural areas f the City where pubhc services are neither presently available nr anticipated in the immediate future; t prvide fr the regulatin f husing density in such areas; t encurage the preservatin f natural amenities; t prt«;~ct watershed areas, natural drainage channels, and water curses; and t tharwtae create cnditins cnducive t carrying ut the purpse-f this Ordinance. &.2 Permitted Uses and Uses by Special Exceptin The chart n the fllwing page refers t the permitted and special 36

40 exceptin uses in a O-S District. 5.3 Area and Bulk Requirements The chart n the fllwing page refers t the minimum area and bulk requirements. 37

41 ~ Use I O S Open-space Distrld I frnt J Rell' I Side I BuDding PERMl'ITED USFS \'ud Yard Yud Height RECREATIONAL CABINS, 1 I TENTS, SHBL TERS, 1 2 I r A lidr"dn,..,..., 40 FJ' 140FT I' 20FT I I I I t Frl sfr I sft I I I FT 5, acres 175fFr acre& 175Fl FI' acres 175Fr acres I 1?5 ft I acres I 175 F'...,.,...,.,. ~ ~, ~,.~ ~'""""""""'"'~. ~~ m.n_.,,.~...,, 0111-~...,.~ :...,...,."'... -.,.-~~ ~ "';\

42 Lt width - Minimum f. 150 feet at the setback line and 150 feet at the right-f-way line. Lt width requirements n the fflwing chart which are greater than 150 feet refer t bth the minimum street frntage at the right-f-way line and the lt width at the building setback line. 0 Yards - Each crner lt shall have a minimum f a 40 ft frnt yard fr each yard which abuts a street. Lt Cverage - Lt cverage refers t all buildings and structures n the lt including accessry structures, which include utility sheds, with the exceptin f swimming pls, sidewalks,.grund-level.patis~ and grund-level driveways prvided, hwever, that said driveways and patis d nt cntain a permanent structure. Height -. N building shall be erected t a height in excess f 35. feet;. prvided, hwever, that this height may be increased by 1 ft fr each.additinal ft that the width f each yard exceeds the minimum required, t a maximum f 35 feet. 39

43 _j - 1 l - ii 1-1 _J l j - ~ i -.~ ARTICLE Ill OFFICE AND.COMMERCIAL DISTRICTS SEcnON 1 SIAUMENT Of INTENT In additin t the general gals listed in the preamble and Article I, the Districts established In this Regulatins are Intended t achieve the fllwing: a. T prvide sufficient space In apprpriate lcatins fr all types f cmmercial and service activities anticipated. ~ -)' b. - -, c. _!t'..,, ~. -~ d. e. T prtect cmmercial develpment against intrusive uses which are Incmpatible with it and against bjectinable influences such as nise r glare anc:f frm hazards f fire. T prtect bth cmmercial develpment and nearby residential areas against cngestin by regulating the Intensity f neighbrhd retail develpment and by prviding fr ff-street parking and lading facilities. ~ --. T prvide apprpriate space, and in particular sufficient depth fr the requir~ments f present day mercha~dising, including the prvisin f ff-street parking space in areas t which large numbers f shppers cma by aut_mbile and t encurage the natural tendency f neighbrhd develpment t cncentrate In uninterrupted retail frntage, t the mutual advantage f bth cnsumer and mercha~ts. T prmte the mst desirable use f land and direct building develpment in accrd _with a well-cnsidered plan, t prmte stability f cmmercial develpment, t strengthen the ecnmic base. f the City t prtect the character f cmm(trcial districts and the peculiar suitability f partl~ular areas fr particular uses, t cnserve the value f land and buildings and t prtect the City's tax revenues. 40

44 SECTION PBOFESSIO_NAL OfFICE AND COM,...ERCIAL OEfiCE DISTRict: 2.1 Purpse It is the purpse and Intent f this Article t prvide reasnable standards fr the harmnius develpment f business and prfessinal ffices, and ther uses and accessry uses; regulate the density f ppulatin; prvide fr the public cnvenience and avid undue cngestin In the streets ; and t therwise create cnditins cnducive t carrying ut these and the ther brad purpses f this Ordinance Prcedural Requirements Develpment in the 0 District shall be subject t the prvisins and requirements fr land develpments _as.delineated in the City f Hazletn Subdivisin and land Develpment Ordinance regardless f the number f lts subdivided.. Permitted Uses and Uses by Sp.eclal Excepdn The fllwing chart refers t the permitted and special exceptin uses In an 0 District. 2.4 Accesary Uses Only the fllwing accessry uses shall be-permitted: a. Custmary accessry uses in ffice districts. 2.5 Area and Bulk RequirementS The chart n the fllwing page refers t the minimum area and bulk requirements. Lt Width - The lt width shall be the minimum as defined n the chart fr permitted uses in 0 District. The street frntage pertains t the minimum required at the right-f-way line and building setback. 41

45 l J _! - j s I -I 0 0 Yards - The yards shall be thse as required in the chart fr permitted uses in an 0 District. A crner lt shall have a minimum f a 35 ft yard fr each yard which a but a street. Interir Yards (Open space between buildings) shall be prvided as fllws: 1 I -1 l -l..... (..,._ a. When frnt t frnt,.rear t rear, r frnt t rear, parallel buildings shall have fifty (50) feet between faces fr ne stry in height, plus five (5) feet fr each additinal stry. If the frnt r rear faces are bliquely aligned, the abve distances may be decreased by as much as ten (10). feet at ne end If increased by similar r greater distance at the ther end. Where service drives r bank grade changes r cllectr walks are intrduced in this space, the yard distance shall be at least twenty-five (25) feet.,. ~~- 42

46 '. ~ 0 - PrreuiODII Office Dillrict Pennillecl Uaes Frnt Y1rd Lat Size Street Duildiag Sf Lt 2 t.tbdical AND SIWILAR LABOIATOIIBS AND CUHICS 35FT. 30FT 15FT IS.OOOSQFT 75FT 75FT 35Fr 35FT I 7SS 7SS 3 BUSINBSS AND OFFICE MACHINE ltbpair, SALIS A IUVICBS 35FT 30FT 15FT IS,GOOSQ FT 75FT 35FT 7SS 4 s 6.11tBPJtODUCTION, ART,. PHOTOGIW'IIY AND STI!NOORAPHIC IBRVICES ADVII\TISIHO AOBHClES BMPLOYt.tJINT AGINCIES I 35FT 3SFT :JSFT I 30FT I ISFr I 30FT.ISFT 30FT. ISFT. IS,GOO SQFT SQ FT SQ Fr II 75FT 75FT 7SPT I 35FT 35FT 35FT I 751 1S" UKIAL SBR'YICBS 15FT loft ISFT.. 15,000 SQFT. 75FT 35FT 7SS I MORTUARY OR UNDERTAKING 35FT 30FT 15FT IS.OOOSQ FT 75PT 1SFT 7SS FT 30FT 15FT lsfr lsi SOFT 50FT Fl' 35FT l$ I