ZONING ORDINANCE TOWNSHIP OF MARION BERKS COUNTY, PENNSYLVANIA DECEMBER 1979

Transcription

1 ZONNG ORDNANCE TOWNSHP OF MARON BERKS COUNTY, PENNSYLVANA DECEMBER 979 AMENDED BY ORDNANCE 990- ADOPTED NOVEMBER 29, 990

2 JAN Planning Commission Berks County ZONNG ORDNANCE TOWNSHP OF MARON BERKS COUNTY, PENNSYLVANA DECEMBER 979 AMENDED BY ORDNANCE 990- ADOPTED NOVEMBER 29,990

3 ARTCLE ARTCLE ARTCLE ARTCLE V ARTCLE V TABLE OF CONTENTS - Title, Purpose, nterpretation, and Application - Definitions - Zoning Districts - District Regulations Section 400 A-R Agricultural Rural Dist. Section 40 R- Low Density Residential Dist. Section 420 R-2 Medium Density Residential Dist. Section 430 C-C Community Core Dist. Section 440 H-C Highway Commercial Dist. - General Regulations Section 500 Prohibited Uses Section 50 Access to Structures Section 502 Erection of More than One Principal Structure on a Lot Section 503 Storage of Explosives Section 504 Accessory Uses - Residential Section 505 Commercial Accessory Uses Section 506 Highway Frontage Development in Commercial Districts Section 507 Landscaping Section 508 Lighting Section 509 Signs Section 50 Loading Areas Section 5 Offstreet Parking Section 52 Private Residential Driveways Section 53 Section 54 Front Yard Exceptions Home Occupation Regulations Section 55 Fences Section 56 Comer Lot Restrictions Section 57 Projections nto Yards Section 58 Residential Conversion Regulations Section 59 Storage of Vehicles Section 520 Playground and Recreation Area Restrictions Section 52 Parking, Storage, or Use of Major Recreational Equipment Section 522 Floodway Controls Page

4 ARTCLE V ARTCLE V ARTCLE V Section 523 Conduct of Agricultural Activities Section 524 Mobile Home Requirements Section 525 Performance Standards for ndustrial Activities Section 526 Availability of Reliable, Safe and Adequate Water Supplies Section 527 Accessory Uses - Agricultural - Nonconforming Lots, Uses, Structures, and Buildings - Administrative and Enforcement - Zoning Hearing Board Page

5 TOWNSHP OF MARON ORDNANCE NO. This is an Ordinance regulating the location, construction, alteration, and removal of buildings, structures, and signs and regulating the use of land. Zoning districts, with their applicable regulations, and general regulations are created to accomplish these purposes. Provision is made for the amendment, enforcement, and administration of these zoning regulations. Section 00. TTLE ARTCLE TTLE, PURPOSE. NTERPRETATON AND APPLCATON This Ordinance shall be known as and may be cited as "The Marion Township Zoning Ordinance of 979." Section 0. PURPOSE This Ordinance is enacted to promote the public health and safety and the general welfare of the residents of the Township of Marion by encouraging the most appropriate use of land and buildings; preventing the overcrowding of land; avoiding undue congestion of population; providing for adequate areas for vehicular parking and loading; providing for adequate light and air; conserving the value of land and buildings; securing safety from fire, panic, flood and other dangers; facilitating the adequate provision of transportation, water, sewerage, school and other public facilities; encouraging the harmonious and orderly development of land; lessening congestion on the roads and highways; and preserving prime agricultural and farmland considering topography, soil type and classification, and present use. This Ordinance is enacted in accordance with the Community Development Objectives as set forth in the Marion Township Comprehensive Plan. Those objectives are incorporated herein by reference. Section 02. NTERPRETATON n interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be the minimum requirements adopted for the promotion of the public health and safety and the general welfare of the residents and occupants of the Township. Where the provisions of this Ordinance impose greater restrictions than those of any other statute, ordinance or regulation, the provisions of this Ordinance shall be complied with. Where the provisions of any other Township statute, ordinance, or regulation impose greater restrictions than this Ordinance, the provisions of such other Township statute, ordinance, or regulation shall be complied with.

6 Section 03. APPLCATON Except as hereinafter provided, no building, structure, land, or parts thereof in Marion Township shall be used or occupied, erected, constructed, assembled, moved, enlarged, or structurally altered unless in conformity with the provisions of this Ordinance, provided that nothing in this Zoning Ordinance shall require any change in plans or construction of a building for which a building permit was issued by the Township prior to the effective date of this Ordinance, provided that the building is begun within one () year of the effective date of this Zoning Ordinance and completed within two years of the effective date of this Ordinance. 2

7 Section 200. GENERAL ARTCLE DEFNTONS For the purpose of this Ordinance certain terms and words are defined below. Words used in the present tense shall include the future tense. Words in the singular shall include the plural and words in the plural shall include the singular. Words in the masculine include the feminine and the neuter. The word "shall" is mandatory. The word "may" is permissive. The word "person" includes "individual", "profit or nonprofit corporation", "organization", "partnership", "company", "unincorporated association", or other similar entities. The words "used for" include "designed for", "arranged for", "intended for", "maintained for", or "occupied for". The word "building" shall be construed as if followed by the phrases "or part thereof'. Section 20. SPECFC TERMS Accessorv Building - A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. Accessorv Use - A subordinate use of a portion of a lot which is customarily incidental to the main or principal use of the land or of a building on a lot. Agriculture - The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry, animal husbandry, poultry farming and dairy farming. APriculture (ntensive) - Specialized agricultural activities including but not limited to mushroom, pig, egg and poultry production, and dry lot livestock production, which due to the intensity of production or raw material storage needs, necessitate special control of operation, raw material storage and processing, and disposal of liquid and solid wastes. Alteration. Structural - Any enlargement of a building or structure; the moving of a building or structure from one location to another; any change in or addition to the structural parts of a building or structure; any change in the means of egress from or access to a building or structure. ADartment Unit - A dwelling unit within an apartment building. An apartment building is a building on a single lot designed for and occupied as a residence for three or more families and in which the dwelling units may be separated horizontally and/or vertically. ADDlicant - A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns. 3

8 ADDlication for DeveloDment - Every application, whether preliminary or find, required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan. Approved Private Street - A legally established right-of-way which provides the primary vehicular access to a lot and which has not been dedicated or deeded to the Township. Basement - A story partly below the finished grade but having more than one-half of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building. A basement shall be considered as one story in determining the permissible number of stories. Board of Supervisors *- Pennsylvania. Board of Supervisors of the Township of Marion, Berks County, Boarding House - A building with not more than six guest rooms where lodging and meals are served for compensation, not including nursing homes or convalescent homes. Buffer StriD - A continuous strip of landscaped land which is clear of all buildings and paved areas. Building, - A structure enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed for the enclosure and support of individuals, animals or property of any kind. Building - Area - The total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions. Building Height - The vertical distance measured from the average elevation of the finished grade at the two front comers of the building to the highest point of the roof. Chimneys, spires, cupolas, antennas, and other similar projections shall not be included in calculating the height of a building. Building - Setback Line - The line within a property defining the minimum required distance between any building or structure or portions thereof to be erected or altered and a street right-of-way (except the right-of-way of a service street). Such line shall be measured at right angles from the street right-of-way line which abuts the property upon which said building or structure is located or to be located and shall be parallel to said right-of-way line. Cartway - The portion of a street right-of-way, paved or unpaved, intended for vehicular use. 4

9 Of"' Cellar - A story partly below the finished grade, having more than one-half of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories. Certificate of Use and Occupancv - A statement, based on an inspection, signed by the Zoning Officer, setting forth that a building, structure, sign and/or land complies with the Zoning Ordinance, and/or that a building, structure, sign, and/or land may be lawfully employed for a specific use, or both, as provided in this Ordinance. Club or Lodge - An association of persons for some common non-profit activity, not including groups organized primarily to render a service which is customarily carried on as a business. Common ODen Space - Parcel or parcels of land or an area of water, or a combination of land and water, within the development site designed and intended for use or enjoyment of all residents of the development in which it is located. Land included within the right-of-way lines of streets shall not be classified as common open space. Common open spaces shall not include required open areas between buildings and between buildings and street rights-of-way, driveways, parking areas and property lines of the development No dwelling unit, residential accessory buildings, or parking areas may be located within common open spaces. Common Parking Area - A parking facility other than those provided within the lot lines of a lot on which one single family detached dwelling, one single family semi-detached dwelling, one townhouse, one two family detached dwelling, or one two family semidetached dwelling is located. Comer Lot - A lot abutting two or more intersecting public or private streets, or at the point of abrupt change of direction of a single street (an interior angle of less than 35 degrees). The person who intends to establish a use on a corner lot may designate which yard abutting a street will be considered the front yard. The yard opposite that yard shall meet the rear yard requirements of the applicable zoning district. The yard adjoining a street which was not designated to the front yard must meet the front yard requirements of the applicable zoning district, and the yard opposite this yard shall meet the side yard requirements of the applicable zoning district. DeveloDer - Any landowner, agent for such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development..

10 Dwelling - A building or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as hospitals, hotels, boarding, rooming, lodging houses, motels, and institutional residences are not included in the definition of dwelling. ADartment Building, - A building on a single lot arranged, intended, or designed for and occupied as a residence for three or more families and in which the dwelling units may be separated horizontally and/or vertically. Mobile Home - A transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. All mobile homes shall be subject to the regulations contained in Section 524 of this Ordinance. Single Familv Detached Dwelling - A building arranged, intended or designed to be occupied exclusively as a residence for one family and having no party wall with an adjacent building. Single Familv Semi-Detached Dwelling - A building arranged, intended, or designed to be occupied exclusively as a residence for two families each living on one side of a common or party wall. Townhouse - A building arranged, intended, or designed to be occupied exclusively as a residence for one family which is one of a group of three or more such buildings, placed side by side and separated by unpierced party walls, each dwelling having at least one separate entrance from the outside. Dwelling Unit - A building or portion thereof providing one () or more rooms arranged for the use of one () or more individuals living together as a single housekeeping unit, and having no cooking or sanitary facilities in common with any other dwelling unit. Family a. One or more persons, related by blood, marriage, or adoption, with not more than two boarders, roomers or lodgers, living together as a single housekeeping unit and using cooking facilities and certain rooms in common. b. Not more than five unrelated persons living together as a single housekeeping unit and using cooking facilities and certain rooms in common. 6

11 Farm - An area of land used for agriculture, as defined in this Ordinance. Floor Area - (Gross Floor Area) The sum of the gross horizontal areas of every floor of a building measured to the exterior faces of exterior walls and to the center line of party walls, including basement space and roofed porches, roofed breezeways, roofed terraces, roofed garages, carports, and other accessory buildings. Cellar area is excluded. Grade - The level of the ground adjacent to the exterior walls of a building or structure, or to a sign. Highway Access Point - The location or place of egress from or access to a street or highway created by a driveway, minor street, or another highway. Highway - Frontage - The lot dimension measured along the right-of-way line of any street or highway abutting a lot. Home Occupation - An occupation customarily conducted within a dwelling unit. Both professional and non-professional home occupations must meet the home occupation regulations of this Ordinance. Hotel - A building or group of buildings containing seven or more individual rooms for rental, primarily for transients, with common hallways for all rooms on the same floor, and where no provision is made for cooking in any individual room or suite. **Hotel" does not include institutional or educational uses and buildings where human beings are housed under legal constraint. mprovement - Any type of structure, excavation, or paved section, excluding driveway, curb, sidewalk, planting strip, or barrier to unchanneled motor vehicle entrance or exit. mdrovement Setback Line - A line parallel to and set back from a street line. No improvements are permitted between the street line and the improvement setback line. Land DeveloDment - A. The improvement of one () lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving: () a group of two or more residential or non-residential buildings, whether proposed initially or cumulatively, or a single non-residential building on a lot or lots regardless of the number of occupants or tenure; or 7

12 (2) the division or allocation or land or space whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; B. A subdivision of land. C. The following land development activities shall be excluded from the definition of a Land Development: () The conversion of an existing single-family detached dwelling or singlefamily semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium; (2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or (3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subclause, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities. ' Landowner - The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this act. Lodging House - A building with not more than six guest rooms where lodging and meals are served for compensation, not including nursing homes or convalescent homes. - Lot - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. The area and depth of a lot abutting a street shall be determined by measurements to the street line. Lot Coverage - The percentage of a lot covered by principal and accessory buildings. Lot Line - A line forming the front, rear or side boundary of a lot. 8

13 Front Lot Line - The line separating a lot from a street or other right-of-way. The front lot line is also the street line. Rear Lot Line - The lot line which is opposite from the front lot line. The rear line of any triangularly or irregularly shaped lot shall be at least ten feet long. Lot of Record - Land which constitutes a separate lot or parcel as recorded in the office of the Recorder of Deeds of Berks County, Pennsylvania. Lot Size - The area of a lot, excluding land contained within street right-of-way lines. Lot Width - The distance between the side lot lines. Manure Storage Facility - A structure built to store manure for future use or disposal. Manure storage facilities shall include, but are not limited to, the following: underground storage, in-ground storage, trench silo, earthen bank, stacking area and aboveground storage. Mobile Home Lot - A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home. Mobile Home Park - A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. Motel - A group of attached or detached buildings containing individual living or sleeping units designed for temporary use by automobile tourists or transients. MuniciDditv - Township of Marion, Berks County, Pennsylvania. MuniciDd Use - A land use owned and maintained by the Township or a municipal authority and including such uses as a library, park, playground, and administrative or equipment storage building. Non-Conforming - Lot - A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment. Nonconforming - Structure - A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure 9

14 lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. Nonconforming Use - A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation. ODen SDace - Ground upon which no principal or accessory buildings or uses are permitted. Parking Space - A space within a building or on a lot, used for the parking of a motor vehicle. Partv Wall - A wall used or adopted for joint service between two buildings or parts thereof. Premises - A descriptive word to include all improvements, buildings, structures and land on or within a lot. PrinciDal Building - The main or primary purpose for which any land, structure, or building is designed, arranged, or intended, and for which they may be occupied or maintained under the terms of this Zoning Ordinance. Professional - Doctor, surgeon, dentist, architect, artist, accountant, insurance agent, real estate broker, teacher, engineer, lawyer, musician, surveyor, landscape architect, land planner. Public Hearing - A formal meeting held pursuant to public notice by the Township Supervisors or Township Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Ordinance. Public Meeting - A forum held pursuant to notice under the act of July 3, 986 (P.L. 388, No. 84), known as the "Sunshine Act". Public Notice - Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. 0.

15 Public Road - A public thoroughfare, including a street, road, lane, alley, court, or similar terms, which has been dedicated or deeded to the Township and accepted by it and which affords the principal means of access to the abutting property. Right-of-way - The total width of any land reserved or dedicated as a street, road, lane, alley, crosswalk, or for other public or semi-public uses. Sanitarv Sewage Disposal. On-Site - Any structure designed to treat sanitary sewage within the boundaries of any individual lot. Sanitarv Sewage Svstem. Community - A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a temporary central treatment and disposal plant, generally serving a neighborhood area. Sanitarv Sewage Svstem. Public - A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant. Screen - Vegetative material, fence, etc. planted or constructed to screen the buildings and structures and uses on the lot on which the screen is located from the view of people on adjoining properties. Service Street - A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties. Sight Triangle - An area within which no vision obstructing object is permitted above a height of two and one-half feet and below a height of ten feet. - Any structure, wall, or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device, or other representations used for announcement, direction or advertisement. Area of Sign - The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background whether open or closed, on which they are displayed, but not including any supporting framework and bracing which is incidental to the display itself. Where the sign consists of individual letters or symbols attached to or painted on a surface, the area shall be considered to be the smallest rectangle which can be drawn to encompass all of the letters and symbols. Height - of Sign - The vertical distance measured from the average grade at the front of the sign to its highest point. The highest point in the case of a sign shall include the supporting structure.

16 Sign. Advertising - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is displayed. Sign. Business - A sign which directs attention to a business, profession or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises upon which it is displayed. Sign. Directional - A sign containing directional information locating public places owned or operated by Federal, State, or local governments or their agencies; public or privately owned natural phenomena, historic, cultural, scientific, educational and religious sites; and areas of natural scenic beauty or which are naturally suited for outdoor recreation. Sign. Free-Standing - An independently supported sign, not attached to any building. Special Exception - A use permitted in a particular district by the Zoning Hearing Board, to occupy or use land and/or a building or structure for a specific purpose in accordance with this Ordinance, when such use is not permitted by right. Street - A public or private right-of-way, excluding driveways, intended as a means of vehicular and pedestrian travel, furnishing access to abutting properties. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway and similar terms. Street Frontage - The lot dimension measured along the street line or right-of-way line of any street or highway abutting a lot. Street Line - The dividing line between a lot and the outside boundary of a public street, road, or highway right-of-way legally open or officially plotted by a municipality or higher governmental authority, between a lot and the outside boundary of a street shown on a recorded subdivision or land development plan, or between a lot and a private street, road, or way over which the owners or tenants of two or more lots held in single and separate ownership have a right-of-way. Structure - Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the eland. TownshiD - Township of Marion, Berks County, Pennsylvania. Township Planning Commission - Planning Commission of the Township of Marion, Berks County, Pennsylvania. TownshiD Supervisors - Board of Supervisors of the Township of Marion, Berks County, Pennsylvania. 2

17 - Use - The specific purpose for which land, sign, structure or building is designed, arranged, intended, or for which it may be occupied or maintained, or any activity, occupation, business, or operation which may be carried on, thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any non-conforming use. Variance - Relief, granted by the Zoning Hearing Board, from the terms and conditions of this Ordinance where literal enforcement would create unnecessary hardship and when granting of the relief would not be contrary to the public interest. Water Distribution Svstem. On-Site - A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot. Water Distribution Svstem. Community - A system for supplying and distributing water from a common source to two or more dwellings and/or other buildings within a single neighborhood. Water Distribution Svstem. Public - A system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood. Yard - The required open unoccupied space on the same lot with a building. The space shall be open and unobstructed from the ground upward, except as otherwise provided in this Ordinance, and not less in depth or width than the minimum required in each zoning district. Yard. Front - An open, unoccupied space between an adjacent right-of-way and a line drawn parallel thereto, at such distance therefrom as may be specified herein for any zoning district, and extending for the full width of the lot. Yard. Rear - An open, unoccupied space between the rear lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any zoning district, and extending for the full width of the lot, except that in the case where the rear lot line is included within a service street, the rear yard shall be between the cartway line of the service street nearest the front yard of the lot and a line drawn parallel to such cartway line of the service street. Yard. Side - An open, unoccupied space between the side lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any zoning district, and extending from the front yard to the rear yard. Zoning Hearing Board - Marion Township Zoning Hearing Board. Zoning Officer - Marion Township Zoning Officer. Zoning Ordinance - Marion Township Zoning Ordinance. 3

18 ARTCLE ZONNG DSTRCTS Section 300. TYPES OF ZONNG DSTRCTS n order to carry out the objectives of this Zoning Ordinance, the Township of Marion has been divided into the following Use Districts: A-R Agricultural-Rural District R- Low Density Residential District R-2 Medium Density Residential District C-C Community Core District H-C Highway Commercial District Section 30. OFFCAL ZONNG MAP. The boundaries of the Zoning Districts shall be as shown on the Official Zoning Map of the Township of Marion. The Official Zoning Map and all notations, references, and data shown thereon are hereby incorporated by reference into this Ordinance. 2. The Official Zoning Map shall be so labeled and identified by the signature of the Chairman of the Board of Supervisors, attested by the Secretary of said Board, and bear the seal of the Township under the following words: "This is to certify that this is the Official Zoning Map of the Township of Marion adopted December 27, 979." 3. f an amendment is made to the Official Zoning Map, an entry indicating the change made and the date of any change shall be made on the map and the entry shall include the signatures of the Chairman and Secretary of the Board of Supervisors. 4. n the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret by reason of the nature and number of changes and additions made thereon, the Board of Supervisors may by resolution adopt a new Official Zoning Map which shall supersede such prior map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Chairman of the Board of Supervisors, attested by the Secretary of said Board, and bear the seal of the Township under the following words: 4

19 "This is to certify that this is the Official Zoning Map of the Township of Marion adopted Section 302. DSTRCT BOUNDARES - RULES FOR NTERPRETATON Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: Where district boundaries are indicated as approximately coinciding with the center lines of streets, highways, or alleys, such center lines shall be construed to be such boundaries. Where district boundaries are indicated as approximately coinciding with plotted lot lines, such lot lines shall be construed to be such boundaries. Where district boundaries are indicated as being approximately parallel to the center or right-of-way lines of streets or highways, such district boundaries shall be construed as being parallel to the center or right-of-way lines and at such distance from the center or right-of-way lines as is indicated on the Official Zoning Map. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of map. Where district boundaries are indicated as being approximately perpendicular to the right-of-way lines of streets or highways, such district boundaries shall be construed as being perpendicular to the right-of-way lines. Boundaries indicated as approximately following Township limits shall be construed as following such limits. Boundaries indicated as parallel to or extensions of features indicated in Sections through 5 above shall be so construed. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Section through 6 above, the Zoning Officer shall interpret the district boundaries. Where a district boundary line divides a lot which was in single ownership at the effective date of this Ordinance, at the election of the property owner the regulations of either zoning district may be extended a distance of not more than thirty feet beyond the district boundary line into the remaining portion of the lot. 5

20 Section 303. APPLCATON OF DSTRCT REGULATONS. No building, structure, or land shall be used or occupied and no building, structure, or part thereof shall be erected, constructed, reconstructed, or structurally altered without the issuance of a Zoning Permit and/or Certificate of Use and Occupancy by the Zoning Officer. 2. No part of a yard, other open space, or off-street parking or loading space required in connection with one structure, building, or use of the land shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other structure, building or use of the land except as permitted or required by this Ordinance or other Township Ordinance or regulations. 3. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth in this Ordinance. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance. 4. Where district regulations specify a minimum lot width at the street line, the minimum lot width shall be contiguous along one street line. t is prohibited, when calculating the width of a lot, to add widths along two street lines. 5. Where district regulations specify a minimum lot width at the building setback line, the minimum lot width shall be contiguous along one building setback line. t is prohibited, when calculating the width of a lot, to add widths along two building setback lines. 6. All territory which may hereafter be annexed to the Township shall be considered to be an A-R District until otherwise classified. 6

21 ARTCLE V DSTRCT REGULATONS Section 400. A-R AGRCULTURAL RURAL DSTRCT Section 40. SPECFC NTENT t is the purpose of this district to encourage the preservation of the most productive farm land within the Township. This district has also been created to preserve the viable agricultural sector which has been a major component of the economy of the Township and to retain the value of agricultural land that remains in the Township by limiting adverse effects resulting from the encroachment of residential development on agricultural uses. n addition, this district has been created to preserve the valuable ground water resources of the area, which are especially vulnerable to pollution from onsite sewage disposal facilities because of the presence of subsurface limestone formations. Section 402. DESGNATON OF PRME AGRCULTURAL LAND. The following land within the A-R District shall be considered Prime Agricultural land: a. All land containing soils which have been classified as having a corn productivity rating equal to or greater than one hundred twenty percent (20%) of standard under improved management (see pages 3-20 of the Soil Survev Berks County. Pennsvlvania). 2. All areas of the Township within the A-R District which shall be considered Prime Agricultural Land shall be indicated on a soils map maintained by the Township Planning Commission and the Township Zoning Officer. a. Any person whose land is designated Prime Agricultural land who claims that the land should not be designated Prime Agricultural Land because the soils mapping is inaccurate with regard to his property, may appeal to the Zoning Hearing Board as provided for in this Ordinance. The burden of proof shall be on the person appealing to the Zoning Hearing Board. f the Board determines that the soils mapping is inaccurate with regard to the land in question and that the land should not be considered Prime Agricultural Land, the controls applicable to Prime Agricultural Land shall not be applied to the land and the land shall no longer be designated Prime Agricultural Land on the map maintained by the Township Planning Commission and the Township Zoning Officer. 7

22 b. Any person whose land is designated Prime Agricultural Land and who claims that the land cannot feasibly be used for agriculture may appeal the classification of Prime Agricultural Land to the Zoning Hearing Board as provided for in this Ordinance. The burden of proof shall be on the person appealing to the Zoning Hearing Board. The appellant shall demonstrate that the land which he claims should not be classified as Prime Agricultural land cannot feasibly be farmed: () because the site could not be economically reclaimed for agricultural use due to the existing features of the site. (2) because of the topography and natural features of the site farm machinery could not be used efficiently. (3) because of the size or shape of the parcel of land, the land could not be economically farmed and farm machinery could not be efficiently used. (4) because similar conditions of the site make it unfeasible to use the parcel of land for agriculture. The appellant shall demonstrate that the land which he claims should not be classified as Prime Agricultural Land cannot feasibly be farmed by himself and, in addition, could not feasibly be farmed as part of any other farm operation within the Agricultural Preservation District. Section 403. USES PERMTTED BY RGHT ON PRME AGRCULTURAL LAND. All forms of agriculture, horticulture, animal husbandry, except intensive agricultural activities. 2. Nurseries, greenhouses and forestry. 3. Farm dwelling, subject to: a. Farm dwellings shall be limited to single family detached dwellings. b. A farm dwelling shall be constructed on a farm which is a minimum of 40 acres in size, however, if a farm shall be less than 40 acres in size and if said farm size existed at the time of the enactment of this ordinance, then a farm dwelling shall be permitted on such a farm. c. Subsequent to the construction of a farm dwelling, the farm dwelling shall remain in the same ownership as the farm on which it was constructed. 8

23 d. The farm dwelling shall be constructed to house p ple necessary to the operation of the farm on which it was constructed Roadside stands for the sale of farm products grown on the premises, provided off-street parking spaces are provided for customers. Farm support buildings. Home occupations, subject to Section 54 of this ordinance. Customary accessory uses and buildings. Conversion of single family detached dwelling to a dwelling for two families, subject to: a. The dwelling must be located on a farm which is a minimum of 40 acres in size. b. c. d. The Township Sewage Disposal Officer must certify as to the adequacy of the sewage disposal facilities for the dwelling. All requirements of the Township Building Code must be met for each dwelling unit. Conversion shall be for the purpose of providing housing for people necessary to the operation of the farm on which the dwelling is located. 9. Farm-related business necessary to the conduct of agricultural activities, such as the sale of seed and fertilizer and the repair of farm machinery, subject to: a. b. c. The business shall be conducted on a farm. The business shall be conducted only by the proprietor of the farm on which the business is located or by a person employed on that farm for the purpose of participating in the conduct of agricultural operations. The conduct of the business on a farm shall be secondary to the use of the farm for agricultural activities. 0. Processing of farm products, where such use is accessory to the raising or growing of such products and is located on the property on which the products are grown or raised. 9

24 Section 404. USES PERM'TTED BY SPECAL EXCEPTON ON LAND DESGNATED PRME AGRCULTURAL LAND. ntensive agriculture activities, subject to: a. A nutrient management (waste management) plan must be approved for the site by () the Township and by (2) the Berks County Soil Conservation Service or the Cooperative Extension Service. b. The land must be capable of handling the waste material from the site. c. The activity shall not pollute the aboveground or underground water supplies. fl- r r LJ 7 $7' AGRCULTURAL LAND. All forms of agriculture, horticulture, animal husbandry, except intensive agricultural activities. 2. Nurseries, greenhouses and forestry. 3. Roadside stands for the sale of farm products grown on the premises, provided off-street parking spaces are provided for customers. 4. Single family detached dwelling, subject to: a. When a separate lot intended for the placement of a single family detached dwelling will be created from a tract of land on which a barn or other shelter for animals, fowl, or poultry, a feed yard, a building in which mushrooms are grown, a manure storage area, or a slaughter area exists, the lot shall be so located so that no portion of the lot is closer than two hundred feet (200') to any such barn or other shelter for animals, fowl, or poultry, feed yard, building in which mushrooms are grown, manure storage area, or slaughter area. 5. Municipal use. 6. Farm support buildings. 7. Woodland or game preserve, wildlife sanctuary, or similar conservation use. 20

25 ~ Section Customary accessory uses and buildings. Home occupation, subject to Section 54 of this Ordinance. Farm-related business necessary to the conduct of agricultural activities, such as the sale of seed and fertilizer and the repair of farm machinery, subject to: a. b. c. The business shall be conducted on a farm. The business shall be conducted only by the proprietor of the farm on which the business is located or by a person employed on that farm for the purpose of participating in the conduct of agricultural operations. The conduct of a business on a farm shall be secondary to the use of the farm for agricultural activities. Processing of farm products, where such use is accessory to the raising or growing of such products and is located on the property on which the products are grown or raised. USES PERMTTED BY SPECAL EXCEPTON ON LAND NOT DESGNATED PRME AGRCULTURAL LAND Churches or similar places of worship. Nursery school, elementary school, middle school, junior high school, or senior high school. ntensive agriculture activities, subject to: a. A nutrient management (waste management) plan must be approved for the site by () the Township and by (2) the Berks County Soil Conservation Service or the Cooperative Extension Service. b. The land must be capable of handling the waste material from the site. c. The activity shall not pollute the aboveground or underground water supplies. Cemeteries. Recreation area such, as but not limited to: parks, playgrounds, picnic grounds, riding trails and academies, swimming areas, golf courses, hiking trails, and boating, fishing, and hunting ares, subject to: 2

26 2. lines P a. No commercial activity shall be permitted except for the charging of admission, sale of refreshments, rental or sale of athletic equipment, or such other purpose as is clearly incidental to the permitted recreational Use. b. The minimum lot size shall be five acres. 6. Mobile home park, subject to: a. The minimum area of a mobile home park shall be five (5) acres. b. When the mobile home park is served by either a public or community sewage disposal system and by either a public or community water supply system, there shall be a maximum gross density of five dwelling units per acre, the minimum area of a mobile home lot shall be five thousand square feet, the minimum lot width at the street line shall be thirty feet, and the minimum lot width at the building setback line shall be forty feet. Where on-lot sewage disposal is used, each mobile home shall be placed on a lot which shall meet the requirements of a lot for a single family detached dwelling when on-lot sewage disposal is used. These requirements are found in Section 407 of this Ordinance. Where a public or community sewage disposal system and an on-lot water supply is used, each mobile home shall be placed on a lot which shall meet the requirements of a lot for a single family detached dwelling when a public or community sewage disposal system and on-lot water supply is used. This requirement is found in Section 44 of this Ordinance. c. Not less than fifteen percent of the total area of the mobile home park shall be devoted to recreation areas for the use of all residents of the park. Provision shall be made by the owner of the mobile home park for the development, installation, and perpetual maintenance of such recreation areas. d. The minimum allowable distance between any mobile home, service or accessory building, or parking facility and a boundary line of the mobile home park shall be thirty feet, provided that no mobile home shall be located closer than fifty feet to any street located outside the boundary of the park. No mobile home shall be located closer than twentyfive feet to any street located within the boundary lines of the mobile home park. The minimum allowable distance between any mobile home and another mobile home, service or accessory building, or common parking facility shall be thirty feet. e. Two off-street parking spaces shall be provided for each mobile home. 22

27 f. The limits of each mobile home lot shall be clearly marked on the grounds by permanent flush stakes, markers, or other suitable means. g. An evergreen planting screen shall be placed along all boundary lines of the mobile home park separating the mobile home park from adjacent properties and/or streets. The screen shall be a year-round screen which shall be maintained permanently. Plant material which does not live shall be replaced within one year. The screen shall screen the structures and uses on the property on which it is located from the view of people on adjacent properties and/or streets. The distance between trees shall be such that a full screen will be provided. The permissible distance between plants will vary with the species of planting. Section 407. AREA. YARD AND HEGHT REGULATONS FOR LAND NOT DESGNATED PRME AGRCULTURAL LAND Maximum Permitted Building Height General Farm Buildings and Silos All Other Buildings Lot Coverage Lot Area Minimum Requirements Lot Width At Street Line At Building Setback Line Building Setback Line Rear Yard Side Yard Total One Side 23 None 35 Feet 0 Percent Acre 00 Feet 50 Feet 50 Feet 50 Feet 60 Feet 30 Feet

28 Section 408. YARD AND HEGHT REGULATONS FOR LAND DESGNATED PRME AGRCULTURAL LAND Section 409. Maximum Permitted Building Height General Farm Buildings and Silos Farm Dwellings Lot Coverage Building Setback Line Rear Yard Side Yard Total One Side GENERAL REGULATONS Minimum Requirements The following. general regulations found in Article V A-R District: None 35 Feet 0 Percent 50 Feet 50 Feet 00 Feet 50 Feet f thi Ordi ance shall appl to the

29 Section 40. R- LOW DENSTY RESDENTAL DSTRCT Section 4. SPECFC NTENT t is the purpose of this District to provide an area for residential development at low to medium densities, depending upon the availability of public Sewer and water facilities. Lot sizes may be decreased when public Sewer and water facilities are available. Agricultural activities and other limited non-residential activities are also permitted. Section 42. USES PERMTED BY RGHT Land and buildings in an R- District may be used for the following purposes and no others unless a special exception, as provided for in Section 43, is granted:. Single family detached dwelling. 2. Single family semi-detached dwelling. 3. Agriculture, subject to: a. No intensive agricultural activities shall be permitted. b. No slaughter or manure storage area shall be established closer than two hundred feet to any property line. c. No spent mushroom compost shall be stored. d. All grazing and pasture areas shall be fenced when in use. e. The minimum size of a farm shall be ten acres. 4. Park, playground, or similar non-commercial recreation area owned and operated by a public or private non-profit agency. 5. Municipal use. 6. Sale of farm products, subject to: a. The off-street parking regulations for a farm stand shall be met. b. The sale of farm products shall be conducted within a structure or from a stand which shall be no closer than twenty-five feet to any street cartway line. 25