Ordinance # ARTICLE 1

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1 Ordinance # AN ORDINANCE OF THE TOWNSHIP OF ATHENS, BRADFORD COUNTY, PENNSYLVANIA, AMENDING THE TOWNSHIP ZONING ORDINANCE, ENACTED SEPTEMBER 20, 2001 BE IT ENACTED AND ORDAINED by the Township of Athens, Bradford County, PA, that the Township Zoning Ordinance (Ordinance # 150 of 2001), enacted September 20, 2001, and amended by Ordinance # , enacted October 19, 2010, shall be further amended as follows. ARTICLE 1 Sections 304, 305, 306, 307, 308 and 310 of Article 3 of the Township Zoning Ordinance are hereby amended as follows: 304 R-U RESIDENTIAL URBAN DISTRICT (adjust the Maximum Height Requirements for Principal Structures as follows) Maximum Height Requirements 1. Principal Structures: a. Single-Family Attached & Detached Dwelling Structures 35 feet or 2 ½ stories, whichever is greater. b. Multi-Family Dwelling Structures 45 feet or 4 stories, whichever is greater. 2. Accessory Structures: 305 RC RURAL CENTER DISTRICT (insert the following new use as Item # 14 in the list of Permitted Principal Uses) Permitted Principal Uses 14. Clubs or service organization facilities. Athens Township Zoning Amendments Effective 4/17/12 Page 1

2 306 COMMERCIAL DISTRICT Uses & Structures (insert the following new use as item # 6 in the list of Conditional Uses) Conditional Uses 6. Rail sidings. Lot, Yard and Open Space Requirements (adjust the height requirements as follows) Maximum Height Requirements 1. Principal Structures: 65 feet or 8 stories, whichever is greater. 307 INTERCHANGE COMMERCIAL DISTRICT Lot, Yard and Open Space Districts (adjust the height requirements as follows) Maximum Height Requirements 1. Principal Structures: 80 feet or 10 stories, whichever is greater. 308 INDUSTRIAL DISTRICT Uses and Structures (insert the following new uses as Items #10 & 11 in the list of Conditional Uses) Conditional Uses 10. Rail sidings. 11. Mineral extraction operations. (See 424) Athens Township Zoning Amendments Effective 4/17/12 Page 2

3 305 INDUSTRIAL DISTRICT (Continued) Lot, Yard & Open Space Requirements (adjust Sub-Section 1.d. to read as follows) 1. Minimum Lot Area Per Principal Structure or Use d. Mineral Extraction Operations and Mineral Batching & Mixing Plants 5 acres. (adjust the height requirements as follows) Maximum Height Requirements 1. Principal Structures: 65 feet or 8 stories, whichever is greater. 310 AGRICULTURAL DISTRICT Uses & Structures (insert the following new uses as Item # 14 in the list of Conditional Uses) Conditional Uses 14. Rail sidings (Insert the phrase and Private Streets following each reference to Local Streets in the Front Yard Requirements section of each district chart.) (delete all references to Rooming & Boarding Homes from all district regulation charts) ARTICLE 2 Sections 407, 410, 417, 431 and 442 of Article 4 of the Township Zoning Ordinance are hereby amended as follows: 407 MULTI-FAMILY HOUSING DEVELOPMENTS (adjust the last sentence of Section 407 A. to read as follows) Athens Township Zoning Amendments Effective 4/17/12 Page 3

4 A. Minimum Area and Density Requirements Each multi-family housing development type of development proposed. Overall density shall not exceed six (6) dwelling units per acre in the Residential Suburban District and eight (8) dwelling units per acre in the Residential Urban Zone. (delete the content of, Section 410, Rooming and Boarding Homes, in its entirety and list the Section as Reserved for Future Use ) (insert a new Sub-Section A to Section 417 to read as follows, and letter existing text as Section 417 B.) 417 STABLES AND/OR KENNELS A. Stables Stables or riding academies may be permitted only in those zoning districts and as specified in the District Regulations, Article 3. All applications for such uses shall also meet the criteria established for retail uses in Section 416 of this Ordinance as well as the standards outlined below. 1. The lot upon which the stable or riding academy is located shall meet the minimum area requirements established in the District Regulations, Article 3 for the district in which the use is to be located. 2. Stables and corrals shall be set back a minimum of 100 feet from all property lines and residential structures, other than dwellings located on the same tract. Manure storage areas, whether enclosed or unenclosed, shall be set back a minimum of 100 feet from all property lines. 3. Any and all outdoor lighting shall be mounted and shielded to meet the requirements of Section 504 I. of this Ordinance. 4. Adequate arrangements shall be made by the applicant for the collection, storage and disposal of all wastes generated by the use to the satisfaction of the Township and the PA Department of Environmental Protection. All such arrangements shall be submitted to the Township for review as part of the application evaluation process. B. Kennels Kennels may be permitted only in those zoning districts and as specified in the District Regulations, Article 3, Athens Township Zoning Amendments Effective 4/17/12 Page 4

5 (adjust the introductory paragraph of Section 431 to read as follows) 431 UTILITY SUPPLY FACILITIES For the purposes of this Ordinance, utility supply facilities shall include those facilities, buildings and structures constructed and maintained by municipal or governmental agencies, public utilities, or public service corporations, which are necessary for the provision of utility services to the general public, such as electrical substations, public water wells, water pumping stations, and water storage tanks, and sewage treatment plants. Such uses shall not include commercial communications antennas, towers or equipment buildings; commercial wind energy facilities; nor natural gas pipelines, compressor stations or processing plants. (See also Sections 432, 446 and 448 below.) All applications for such uses shall meet the following standards. 442 TEMPORARY USES AD STRUCTURES (SEE ALSO Section 443) (adjust the first sentence of Section 442 A. to read as follows) A. Circuses, Carnivals or Open-Air Cultural, Religious or Sporting Events Temporary uses such as carnivals, circuses, or open-air cultural, religious or sporting events may be permitted in any zoning district in the Township. A Temporary Zoning Permit shall be required ARTICLE 3 Section 504 of Article 5 of the Township Zoning Ordinance is hereby amended as follows: 504 MISCELLANEOUS PROVISIONS (adjust the first two sentences of Sub-Section 504 F.3 to read as follows) F. Maximum Impervious Surface 3. Where stormwater runoff from the roof of any building, parking area or other open space area is diverted into underground detention basins, dry wells, seepage pits, or sump areas (designed and constructed in accordance with the recommendations contained in the PA Stormwater Management Best Management Practices Manual and reviewed and accepted by the Bradford County Conservation District), the area occupied by such building, parking area or other open space may be considered as pervious for the purpose of calculating the tract s maximum impervious Athens Township Zoning Amendments Effective 4/17/12 Page 5

6 surface. All such proposals shall also include written plans for the ongoing maintenance of the underground facility by the developer/owner. Maintenance plans shall require, at a minimum, (adjust Sub-Section 504 I.2 to read as follows) I. Exterior Lighting 2. All exterior lighting fixtures on commercial and industrial properties, including ground, pole and building-mounted fixtures and canopy lighting, shall be of a design and type containing shields, reflectors, fracture panels or recessed light sources that direct the light being generated onto the property being lit. There shall be no lumens extending beyond the property line of the site being illuminated when adjacent to residential properties, with the exception of roadways where no direct light or glare shall impact drivers. ARTICLE 4 Sections 700 and 701 of Article 7 of the Township Zoning Ordinance are hereby amended to read as follows: 700 TYPES OF SIGNS (adjust Section 700 O. to read as follows) O. Temporary Signs Promotional flags, pennants or inflatables, temporary portable signs, temporary business identification signs, political signs or other special promotional or advertising devices or banners, or temporary event signs intended to be erected for a limited period of time to call attention to a legally permissible special event. 701 GENERAL SIGN REGULATIONS (insert the following new sub-part to Sub-Section 701 O.) O. Temporary Signs 3. No temporary portable sign shall be located within the right-of-way of any public street. Athens Township Zoning Amendments Effective 4/17/12 Page 6

7 ARTICLE 5 Sections 800, 801 and 802 of Article 8 of the Township Zoning Ordinance are hereby amended to read as follows) 800 OFF-STREET PARKING REQUIREMENTS (adjust Section 800 A to read as follows) A. All automobile vehicle parking spaces shall contain a minimum of 200 square feet and shall have a width of not less than ten (10) feet. Spaces intended for tractor trailer parking (vehicles with 18 or more wheels) shall be 18 feet in width and not less than 85 feet in length. Parking spaces for other commercial vehicles shall be a minimum of 12 feet in width and not less than 40 feet in length. TABLE 2 OFF-STREET PARKING SCHEDULE (delete item # A.5 from the list of Residential Uses in the Off-Street Parking Schedule; and re-number remaining Use Classifications) 801 OFF-STREET LOADING REQUIREMENTS (adjust the first sentence of Section 801 A. to read as follows) A. Each off-street loading space or berth shall not be less than 15 feet in width, 70 feet in length, and shall have an overhead clearance of no less than 14 feet, exclusive of drives or maneuvering areas, except as may be otherwise authorized by the Township Zoning Officer in situations where smaller loading spaces may, in his opinion, be adequate. The loading area shall be located 802 DRIVEWAYS AND ACCESS DRIVES (TABLE 4) (adjust footnote #6 on Table 4 Driveway and Access Drive Design Standards - to read as follows) TABLE 4 6 Width at driveway or access drive intersection only. One-way, one lane driveways or access drives shall provide a minimum width of 15 feet at their street intersection. Interior aisles in parking lots shall be a minimum of 24 feet in Athens Township Zoning Amendments Effective 4/17/12 Page 7

8 width. (See also Township Subdivision and Land Development Ordinance for additional design and construction standards for driveways and access drives.) ARTICLE 6 Section 1101 of Article 11 of the Township Zoning Ordinance is hereby amended to read as follows: 1101 CONDITIONAL USES (adjust the first sentence of the last paragraph of Section 1101 C. as follows) C. Site Plan In cases where little site improvement or development is required or proposed for a conditional use, the Township Zoning Officer may waive the requirement for submittal of certain information that he deems unnecessary for his review of the application. In all cases (insert the following new Sub-Section to Section 1101 as Sub-Section 1101 I.; reletter existing Sub-Section 1101 I. as 1101 J.) I. Required Interval for Hearings on Applications and Appeals after Denials Whenever the Township Supervisors, after hearing all the evidence presented upon an application under the provisions of this Ordinance, denies the same, the Supervisors shall refuse to hold further hearings on the same or substantially similar application by the same applicant, his successor or assignee for a period of one (1) year, except and unless the Supervisors shall find and determine from the information supplied by a request for a rehearing, that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity and general welfare, and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Board of Supervisors and adopted by the unanimous vote of the members present, but not less than a majority of all members of the Board. (adjust re-lettered Sub-Section 1101 J. to read as follows) J. Appeals Nothing in this Section shall prejudice the right of any party opposing the application to appeal the decision of the Supervisors to a court of competent jurisdiction within 30 days of the decision. Athens Township Zoning Amendments Effective 4/17/12 Page 8

9 ARTICLE 7 Section 1202 of Article 12 of the Township Zoning Ordinance is hereby amended as follows: 1202 ZONING PERMITS (insert a new sentence at the end of Section 1202 J. to read as follows) J. Temporary Zoning Permits otherwise in section 442 of this Ordinance for specific uses. For Industrial or commercial uses, at the end of the Temporary Permit period, a one (1) year interval shall be observed before another temporary use may be considered for the same site. ARTICLE 8 Section 1301 of Article 13 of the Township Zoning Ordinance is hereby amended as follows: 1301 DEFINITIONS (adjust the following existing definitions) RETAIL SHOPPING COMPLEX: For the purposes of this Ordinance, a retail shopping complex shall be defined as group of three (3) or more commercial establishments, each with independent outside access, which have been planned, developed and managed as a unit, whether contained in one (1) building or in several buildings on the same tract. This definition shall also include shopping centers and shopping malls. UTILITY SUPPLY FACILITIES: Facilities, buildings and/or structures constructed and maintained by public utility companies, municipal or governmental agencies, or public service corporations, which are necessary for the provision of utility services to the general public. Such facilities shall include, but need not be limited to, electrical substations; water or sewage treatment plants; public water wells, water storage tanks or reservoirs; pump stations or similar facilities. For the purposes of this Ordinance however, utility supply facilities shall not include commercial communications antennas, towers or equipment buildings; commercial wind energy facilities; or natural gas pipelines, compressor stations or processing plants. (See also Sections 431, 432, 446 and 448 and COMMUNICATIONS ANTENNAS, TOWERS AND/OR EQUIPMENT BUILDINGS; WIND ENERGY FACILITIES, COMMERCIAL; NATURAL GAS COMPRESSOR STATIONS and NATURAL GAS PROCESSING PLANTS.) Athens Township Zoning Amendments Effective 4/17/12 Page 9

10 (insert the following new definitions) CORRAL: An enclosure for confining animals, not normally for grazing purposes. FOOTCANDLE: 1) A measure of illumination on a surface that is everywhere one foot from a uniform point surface of light of one candle and equal to one (1) lumen per square foot; or 2) The illumination on a surface one square foot in area on which there is uniformly distributed flux of one (1) lumen. GLARE: 1) The physical effect produced by brightness sufficient to cause annoyance, discomfort, or loss of visual performance and visibility; or 2) The reflection of harsh, bright light from insufficiently shielded light sources in the field of view. LUMEN: A unit of luminous flux. One footcandle is one (1) lumen per square foot. For the purposes of this Ordinance, the lumen output values shall be the initial output ratings of a lamp. NATURAL GAS COMPRESSOR STATION: A permanent facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells operating as a midstream facility for the delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment. NATURAL GAS PROCESSING PLANT: A permanent facility designed and constructed to remove materials such as ethane, propane, butane and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that is designed and constructed to primarily remove water, water vapor, oil or naturally occurring liquids from the natural gas. RAIL SIDING: A rail spur primarily intended to provide rail service to a commercial or industrial use, including the loading and unloading of freight for the user. (delete the following definitions) BOARDING OR ROOMING HOME ROOMING OR BOARDING HOME Athens Township Zoning Amendments Effective 4/17/12 Page 10

11 ARTICLE 9 (adjust the Table of Uses Appendix F - as follows) 1. Delete Rooming or Boarding Homes from the list of Residential Uses and delete them from all zoning district columns. 2. Add Rail sidings alphabetically to the list of Industrial Uses, then list them as a Conditional Use in the Commercial, Industrial and Agricultural District columns. 3. List Mineral extraction operations as a Conditional Use in the Industrial District column. 4. List Clubs or fraternal organization facilities as a Permitted Principal Use in the Institutional District column. ARTICLE 10 The following changes have been approved for the Athens Township Zoning Map. (See attached map.) 1. Changed the zoning of the area along the western side of PA Route 199 from Thurston Road to Tanner Road (from US Route 220 to the Carling Industrial site) from a Commercial Zone to an Industrial Zone. 2. Changed the zoning of the area along the eastern side of US Route 220 from the northernmost end of the PennDOT Stockpile property north to Wolcott Creek from a Commercial Zone to an Industrial Zone. ARTICLE 11 ENACTED AND ORDAINED into an Ordinance to amend the Township Zoning Ordinance of 2001, by the Board of Supervisors of Athens Township, Bradford County, PA, this 12th day of April, Athens Township Zoning Amendments Effective 4/17/12 Page 11

12 TO BECOME EFFECTIVE on the 17th day of April, ATHENS TOWNSHIP SUPERVISORS Chairman ATTEST: Athens Township Secretary SEAL: Athens Township Zoning Amendments Effective 4/17/12 Page 12