I 1 I MERSET COUNTY GE AREA i I DINANCEelibrary.pacounties.org/Documents/Somerset_County/2634;...

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I MERSET COUNTY

GE AREA DINANCE

AQOPTED MAY 13, 1970

AS AMENDED

JULY, 1995

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SOMERSET COUNTY

INTERCHANGE AREA ZONING ORDINANCE

AS AMENDED

ADOPTED MAY 13, 1970

Amended by Ordinance:

June 24, 1973 November 28, 1975

January 6, 1987 November 24, 1987

January3, 1989 September 4, 1990 February 5, 1991

April 1, 1991

The preparation of this original report was financed, in part, through a grant from the Commonwealth of Pennsylvania under the provisions of the Housing & Redevelopment

Assistance Law, as amended

JULY, 1995

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SOMERSET COUNTY COMMISSIONERS Robert J. Will, Chairman

Brad Cober, Vice Chairman David L. Mankamyer, Secretary

OMERSET COUNTY ZONING HEARING BOARD Donald E. Meese, Member

Carol Tyger, Member Andy Barth, Member

David R. Watkins, Alternate Marlin Sherbine, Alternate

k R Bradley A. Zearfoss, Director

Somerset County Planning Commission 165 East Union Street - Suite #200

Somerset, PA 15501

JULY, 1995

All articles, sections, subsections, paragraphs, clauses, phrases, or provisions of this Ordinance, or the location of any district boundary shown on the Zoning Map which forms a part hereof, are severable, and if any such element shall be declared invalid or unconstitutional by a court of law, the same shall not affect the validity of this Ordinance or Zoning Map as a whole, or any part be invalid or unconstitutional.

This is to certi@ that this is the Official Interchange Area Zoning Ordinance of Somerset County, Pennsylvania, Adopted May 13, 1970;

As Amended on: June 24, 1973; November 28, 1975; January 6, 1987; November 24, 1987; January 3, 1989; September 4, 1990; February 5 , 1991; andApril 1, 1991.

SOMERSET COUNTY BOARD OF COMMISSIONERS

Robert J. Mil, Chairman

Brfl Cober, Vice Chairman

ATTEST:

t A M

Kay F%lope, Chikklerk

DATED: JULY 20, 1995

David L. Mankamyer, Secr€%&y

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SECTION

100 101 102 103 104 105

200 20 1 202 203 204 205

300 301 3 02

400

500 501 502 503

600 60 1

700 70 1 702 703 704 705 706 707

800

TABLE OF CONTENTS

SECTION TITLE

Short Title ................................................................................................. 1 Effective Date 1 Declaration of Scope & Intent ................................................................ General Interpretation .............................................................................. 1 Conflict 1 Separability ................................................................................................ 1

Official Interchange Area Zoning Map ................................................... Identification of Official Interchange Area Zoning Map ....................... Changing the Official Zoning Map .......................................................... Location of the Official Zoning Map ...................................................... Replacement of the Official Zoning Map ................................................ Interpretation of the Official Interchange Area Zoning Map ................

Application of District Regulations ......................................................... District Regulations .................................................................................. 3

Sign Regulations 6

Minimum Off-street Parking Regulations .............................................. 14 Off-Street Loading Regulations ............................................................... 14 Access ........................................................................................................ 14 Vision Clearance in Residential Districts ................................................ 14

Existing Lots of Record ........................................................................... 14 Non-Conforming Uses .............................................................................. 15

Admmstration ........................................................................................... 15 Zoning Hearing Board .............................................................................. 15 Jurisdiction and Powers ........................................................................... 16 Amendments .............................................................................................. 16 Fees ............................................................................................................ 16

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1 1 2 2 2 2

Classes of Districts ................................................................................... 3 3

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I .

Zoning Permits .......................................................................................... 16 Penalty for Violation ................................................................................ 17 Enforcement Remedies ............................................................................. 17

Definitions ................................................................................................. 17

APPENDICES .......................................................................................... 21 Resolution - Current Fee Schedule Zoning Application Form - Building Permit Zoning Application Form - Sign Permit Zoning Application Form - Variance Hearing Zoning Application Form - AppeaYAmendment Hearing Example Zoning Maps (Not Official)

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ARTICLE I

SECTION 100 SHORT TITLE

This Ordinance shall be known as, and may be cited as, the “Somerset County Interchange Area Zoning Ordinance”.

SECTION 101 EFFECTIVE DATE

This Ordinance shall become effective at 12:Ol a.m., May 13, 1970.

SECTION 102 DECLARATION OF SCOPE AND INTENT

As land areas abutting new highway interchanges will give visitors and residents alike a first impres- sion of Somerset County, its boroughs and communi- ties, this Ordinance is enacted to provide attractive and purposeful entrances designed to make that first contact a favorable one.

Specifically, this Ordinance is enacted to regulate the type, height, and size of buildings and other structures, the type of facilities in or about such structures, the density of population and the geographic locatiw of land used for all types of residency, trade, manufacturing and other purposes within the interchange areas of limited access in Somerset County, Pe&&lvania; concurrently establishing districts and boundaries for such said purposes.

Statement of Community Development Objectives: In addition to the specific objectives in Section 103 and purposes outlined in this section, the Somerset County Comprehensive Plan, its portions, amendments, basic studies section, goals, policies, and objectives are included herein by reference as a further statement of Somerset County’s community development objectives.

SECTION 103 GENERAL INTERPRETATION

In interpreting and applying the regulations and provisions of this “Interchange Area Zoning Ordi-

, nance”,, such regulations and provisions shall be held to be the minimum requirements for the promotion and preservation, the health, safety, and general welfare of the interchange areas and the County of Somerset.

This Ordinance has been formulated to implement the purposes set forth in Section 102, and, more

particularly, with a view toward the following specific objectives:

A. Avoidance of congestion in the streets and the provision of safe and convenient access appropriate to the various land uses.

B. Utilization of interchange area land for the purposes for which it is most appropriate in the public interest.

C. Prevention of overcrowding of land and provisions for adequate light and air.

D. Stabilization of land values. E. Conservation of natural and cultural resources,

SECTION 104 CONFLICT

All Ordinances or parts of Ordinances in conflict with this Ordinance, or inconsistent with the provisions of this Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect.

SECTION 105 SEPARABILITY

Should any section, provision, or regulation of this Ordinance be declared by the courts to be invalid or unconstitutional, such decision shall not effect the validity of this Ordinance as a whole, or any part thereof, other than that part specifically so declared to be invalid or unconstitutional.

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ARTICLE II

SECTION 200 OFFICIAL INTERCHANGE AREA ZONING

MAP

The interchange area of limited access highways in Somerset County are hereby divided into zones, or districts and shown on the official Interchange Area Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

SECTION 201 IDENTIFICATION OF OFFICIAL

INTERCHANGE AREA ZONING MAP

The Official Interchange Area Zoning +Map shall be identified by the signature of the Chairman of the Board of County Commissioners attested by the County Clerk under the following words: “This is to

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SECTION 202 CHANGING THE OFFICIAL ZONING MAP

If, in accordance with the provisions of this Ordi- nance and the Pennsylvania Municipalities Planning Code, Act 247, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the ofl[icial Zoning Map promptly after the amendment has been adopted with the recommendation of the County Planning Commission by the Board of County Commissioners with an entry on the OEdal Zoning Map as follows: “On (date), by official action of the Board of County Commissioners, the follovving change@) were made on the Official Zoning Map: (brief description of nature of change)”, which entry shall be signed by the Chairman of the Board of County Commissioners and attested by the County Clerk.

SECTION 203

The Official Zoning Map shall be located in the office of the County Planning Commission and shall be the final authority as to the current zoning status of interchange areas.

LOCATION OF THE OFFICIAL ZONING MAP

SECTION 204 REPLACEMENT OF OFFICIAL ZONING MAP

In the event that the Oficial Interchange Area Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes or additions, the Board of County Com- missioners, with the recommendation of the Coiunty Planning Commission, may, by resolution, adolpt a new Official Interchange Area Zoning Map, which shall supersede the prior official map. The new Official Interchange Area Zoning Map may correct drafting or other errors or omissions in the prior official map, but no such correction shall have the effect of amending the original Official Interchange Area Zoning Map, or subsequent amendment thereof. The new OEcial Interchange Area Zoning Map shall be identified by the signature of the Chairman of the Board of County Commissioners, attested by the County Clerk, under the following words: “This u to certify that the Official Interchange Area Zoning Map supersedes and replaces the Official Interchange Area Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance (Number or

Date) of Somerset County, Commonwealth of Penn- sylvania.”

SECTION 205 INTERPRETATBON OF OFFICIAL

INTERCHANGE AREA ZONING MAP

Where uncertainty exists as to the boundaries of districts as shown on the Wicial Interchange Area Zoning M%p, the following rules shall apply (unless otherwise indicated): A. Boundaries indicated as approximately following

the center lines of streets, highways, or alleys shall be construed to follow such center lines.

B. Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

C. Boundaries indicated as following borough limits shall be construed as following such boundary limits.

D. Boundaries indicated as following railroad lines shall be construed to be located on the right- of-way adjacent to the zoning district in ques- tion.

E. Boundaries indicated as following shore (lake) lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

F. Boundaries indicated as parallel to or extensions of features indicated in Sub-sections A through E, abwe, shall be so construed. Distances not specifically indicated on the Oflicial Interchange Area Zoning Map shall be determined by the scale 04’ the map.

G. Where physical or cultural features existing on the ground are at variance with those shown on the Official Interchange Area Zoning Map, or in other circumstances not covered by Sub-Sections A through F, above, the Zoning Hearing Board shall interpret the district boundaries.

H. Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, the Zoning Hearing Board may permit, as a special exception, the extension of the regulations into either portion of the entire remaining lot.

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ARTICLE Ill

SECTION 300 CLASSES OF DISTRICTS

For the purposes of this Ordinance, the interchange area of limited access highways in Somerset County are hereby divided into classes or districts which shall be designated as follows:

R-SF

R-MF

COM

I-L

I-H

A-RR

C

Single-Family Residential Districts

Multi-Family Residential Districts

Commercial

Light Industrial

Heavy Industrial

Agricultural & Rural Residential

Conservation

The locations and boundaries of such districts shall be shown upon the Official Interchange Area Zoning Map. Existing agricultural uses shall not be regulated by this Ordinance; however, any change in such use shall be regulated by this Ordinance.

SECTION 301 APPLICATION OF DISTRICT REGULATIONS

The regulations set by this Ordinance within each district shall be minimum regulation and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

A.

B.

No buildings, structures or land shall hereinafter be used or occupied, and no buildings or structures or part thereof shall hereinafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located. No building or other structure shall hereafter be erected or altered: 1. To exceed the height or bulk; 2. To accommodate or house a greater number

of families; 3. To occupy a greater percentage of lot area: or 4. To have narrower or smaller rear yards, front

yards, side yards, or other spaces than herein required, or in any other manner contrary to the provisions of this Ordinance.

C. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with the Ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

D. 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 herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordi- nance.

SECTIQN 302 DISTRICT REGULATIONS

. . . A. Shgk-Farnily Res idential Districts

Purpose: To provide for planned single-family residential development in urbanizing areas. 3

PermittedUses: See page 4-8. Um-hmily detached dwellings, public uses,

public and p~%?te+xq--ationaI facilities of non-commerciaf--nature, akme: -

Uses Permitted with Zoning Hearing Board Approval/Special Exception: Recreational facilities, home occupations, professional offices, hospitals or sanitariums, branch telephone exchanges, accessory uses to the above.

Minimum Lot Size: With sewers & water: 7,500 square feet With either sewers or water: 12,000 square

Without sewers & water: 20,000 square feet feet

Minimum Frontage: 90 feet

Minimum Building Setback: 25 feet from street right-of-way; 50 feet from County, State, or Federal

Highway.

Minimum Side Yards: 15 feet

Minimum Rear Yards: 15 feet

Maximum Building Height: 35 feet

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Permittddses: See page 4-A. * . I B. &€&I '-Family Resi- D i s t W

Purpose: To provide for medium density residential areas within easy reach of limited access highways, including planned residential developments.

Permitted Uses: See page 4-A.

Uses Permitted with Zoning Hearing Board ApprovalISpecial Exception: Home occupations, private recreational facilities, grouped professional offices, nursing or convalescent homes, private clubs or lodges, nursery schools, planned residential groups, accessory uses to the above; and Commercial (at the minimum, apply standards found in Section 3024) and uses listed in Permitted Uses found at Section 302.C only).

Minimum Lot Size:

Uses F'ermitted with Zoning Hearing Board ApprovaVSpecial Exception: Amusements utilizing more than one (1) acre of land; major engine overhauls and body repairs; and any commercial service or tradie use not specified above (Industrial uses are not permitted).

Maximum Lot Coverage Ratio: 60%

Minimum Lot Size: 20,000 square feet


Minimum Building Setback: 30 feet

Minimum Side Yards: 15 feet (30 feet if adjacent to any residentially-zoned area)

With water & sewers: 7,500 square feet - With either water or sewers: 12,000 square

Minimum Rear Yards: 15 feet (30 feet if adjacent 1,500 per dwelling unit; to any residentially-zoned area)

feet - 1,500 per dwelling unit;

1,500 per dwelling unit

Maximum Building Height: 45 feet . . . Without water & sewers: 20,000 square feet -

D. u t 1:ndu~trial Distr-




PurpoS€:: To provide for light industrial facilities located near limited access high-speed traffic networks. Junkyards are not permitted.

Minimum Rear Yards: 30 feet Permitt~edUses: See page 4-A.

Maximum Buildisg Height: 35 feet; 50 feet with Zoning Hearing Board Approval

Maximum Density: 12 dwellings per acre

Maximum Lot Coverage: 50%

c. lzQmmwa i l

Flupose: To provide commercial centers abutting major interchanges of limited access highways.

establishments; distributi

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AMENDMENT # I - 1999

ARTICLE ill

SECTION 302 DISTRICT REGULATIONS

0 e . A. Wgle-Fam ily Residmtd Districts

Permitted Uses: One-family detached dwellings, churches, public uses, public and private recreational facilities of non-commercial nature, accessory uses to the above. Wireless telecommunications facilities are prohibited.

B. W - F a m i l y R aiden-1 Dist&LCfg . . . Permitted Uses:

Single-family, two-family, or multi-family dwelling units, townhouses, churches, public uses, utilities (except yards and buildings), professional offices, accessory uses to the above. For Single-family Detached dwellings, apply standards found in Section 302-A. Townhouse developments are exempt from Minimum Lot Size; Minimum Frontage, Minimum Building Setback, Mini- mum Side Yards, Minimum Rear Yards, and Maximum Lot Coverage requirements. Wire- less telecommunications facilities are prohibited.

. . . C. Commercial Districts

Permitted Uses: Service stations; motels; hotels; restaurants; retail stores; service establishments intended to serve the general neighborhood; professional and financial offices; churches, appropriate public uses; amusements, such as miniature golf, utilizing a maximum of one (1) acre of land; wireless telecommunications facilities; single-fanuly dwelling units; multi- fanlily dwelling units; and townhouses. For single-family dwelling units, apply standards found in Section 302-A. For multi-family and townhouse dwelling units, apply standards found in Section 302-B.

. . . D. Permitted Uses:

Wholesale establishments; distribution ten- ters; truck and bus terminals; ofices and research laboratories; auto, truck, and bus services and sales; dry cleaning and laundry plants; manufacture, assembly, packing, pro- cessing or preparation of products and materials; essential services; appropriate public uses; wireless telecommunications facilities; accessory uses to the above; single- family dwelling units; multi-family dwelling units; and townhouses. Side or rear truck service is required for non-residential uses. Service areas located on property or building frontages are prohibited. For single-family detached dwellings, apply standards found in Section 302-A. For multi-family and townhouse dwelling units, apply standards found in Section 302-B.

. . . F. Agricultural & -ntial Districts

Permitted Uses: All forms of agriculture, horticulture, animal husbandry, forestry, stables, kennels, hatch- eries, greenhouses, nurseries, home occupations, sales of "home grown" products, utilities, single-family residences, wireless telecommunications facilities, and accessory uses to the above.

G. :onservationD istrim

Permitted Uses: Parks, game lands, public 'and private rare- ational facilities, agriculture, . utilities, and accessory uses pertaining to the above. Wireless telecommunications I facilities are prohibited.

Public Hearing Held June 14, 1999.

Approved by the Somerset County Commissioners on June 22, 1999.

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Uses Permitted with Zoning Hearing Board ApprovaVSpecial Exception: Other Light Industrial uses not speciiied above. Stock piling or storage of coal, coal products, coal mining refuse or “bonyyy, shale, gravel, red dog, or any other stone or rock or similar substance is prohibited, unless a special exception is obtained from the Board, upon a showing by the Applicant that such stocage or stock-piling will be completely enclosed by a solid structure approved by the Board, that such use will not be detrimental to the public welfare, that such use will not substantially injure the use of neighboring property, and that ‘such use will not cause pollution.






Minimum Rear Yards: 50 feet


Purpose: To provide for heavy industrial facilities located near limited access high-speed traffic networks.

Permitted Uses: All Light Industrial uses as permitted in Sub-section D - Light Industrial Districts; and Heavy Industrial uses including junk (and salvage operations.





Minimum Side Yards: Adjacent to any Commercial or Industrial

Adjacent to any other districts - 70 feet. District - 50 feet;

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Minimum Rear Yards: Adj,acent to any Commercial or Industrial

Adjacent to any other districts - 60 feet. District - 40 feet;


Additional Junk/Salvage Operation Regulations: Any dismantling or re-assembly of junk or salvage will be carried out within an enclosed building. Any storage of junk or salvage will be either within an enclosed building or within a permanent natural or man-made screened fence. The fence will be completely opaque to visual inspection from outside the storage area. The height of the fence will be such that no person may view the salvage from any public street or highway within the Interchange Zone, and the same fence, with the above height requirement, will be constructed should the storage area be adjacent to any Residential District. The minimum height of the fence, where required above, will be eight (8) feet. All fencing will meet the above requirement (#2); six (6) months from the date of zoning permit issuance. All front, side, and rear yards shall be kept clear of junk and salvage.

. . . F. Agrb&ral R- Purpose::

To provide for all types of commercial and semi-commercial agriculture, horticulture, and animal husbandry.

PermittedUses: See page 4-A.

Uses Permitted with Zoning Hearing Board ApprovaVSpecial Exception: Recreational facilities (comniercial), animal hospital or clinic, sewage disposal plant, aw:ssory uses to the above.

Minimum Lot Size: 2 acres

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Minimum Building Setback: 40 feet from all

Maximum Building Height: Residences - 35 feet;

boundaries

Non-residences - 52 feet

G. Conservat ion Districts

Purpose: To provide for open space, recreational facilities, reforestation and other conservation activities.

PermittedUses: See page 44.

Uses Permitted with Zoning Hearing Board Approval/Special Exception: Commercial recreational facilities, agricultural facilities, single-family detached dwellings which could qualify under R-SF districts.

Minimum Lot Size: 10 acres


Minimum Building Setback: 50 feet from all

Maximum Building Height: Residences - 3 5 feet,

boundaries

Non-residences - 52 feet

ARTICLE IV SIGN REGULATIONS

SECTION 400 DEFINITIONS

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the mean- ing indicated when used in this article. 1. Sign - Any device that (i) is sufficiently visible

to persons not located on the lot where such device is located to accomplish either of the objectives set forth in subdivision ii of this definition, and (ii) is designed to attract the attention of such persons or to communicate information to them. Billboard - An off-premises sign owned by a

person, corporation, or other entity that engages 2.

3.

4.

5 .

6.

7.

8.

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in the business of selling the advertising space on that sign.

Effective Date of this Article - This Article shall become effective on April 1, 1991.

Freestanding Sign - A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. A sign that stands without supporting elements, such as a “sandwich sign,” is also a freestanding sign. If the message is removed from a structure that was originally designed and used as a freestanding sign, this structure is still considered a sign.

Internally Illuminated Signs - Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that (i) are filled with neon or some other gas that glows when an electric current passes through it and (il) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered internally illuminated signs.

Off-Premises Signs - A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious, or other noncommercial message shall also be an off-premises sign unless such sign is excluded from regulations under Section 402(9) or is subject to regulation under Section 403(a)(5). On-Premises Sign - A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the premises where the sign is located. Temporary Sign - A sign that: (i) is used in

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e:. Somerset County Interchange Area Zoning Ordinance

connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or (ii) is intended to remain on the location where it is erected or placed for a period of not more than 15 days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall no1 be regarded as temporary.

9. Portable Sign - Any sign which is designed to be transported by trailer or on its own wh&, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A or T frame sign and attached temporarily or permanently to the ground. A portable sign shall be differeiti- ated from a marquee sign, which is typically a permanent, pole-mounted sign with interchange- able letters.

SECTION 401 PERMIT REQUIRED FOR SIGNS

A. Except as otherwise provided in Section 402 (Signs Excluded from Regulation) and Section 403 {Certain Temporary Signs: Pernut Excep- tions and Additional Regulations), no sign nay be constructed, erected, moved, enlarged, illuminated, or substantially altered except in accordance with the provisions of this section. Mere repainting or changing the message of a sign shall not, in and of itself, be considered a substantial alteration.

B. If plans submitted for a sign permit include sign plans in sufficient detail that the Zoning Officer can determine whether the proposed sign or signs comply with the provisions of this ordinance, then issuance of the requested sign permit shall constitute approval of the proposed sign or signs.

C. Signs not approved as provided in Subsection (J3) or exempted under the provisions referencedl in Subsection (A) may be constructed, erected, moved, enlarged, illuminated or substantially altered only in accordance with a sign permit issued by the Zoning Officer. 1. Sign permit applications and sign perrnits

shall be governed by the same provisions of this chapter applicable to zoning permits.

2. In the case of a lot occupied or intended to be occupied by multiple business enterprises

D.

(e.g., a shopping center), sign permits shall be issued in the name of the lot owner or his agent rather than in the name of the individual business enterprise requesting a particular sign. The Zoning Officer shall be responsible for enforcing only the provisions of this ordinance and not the specific provisions of any sign allocation formula, lease, or other private restriction.

No pennit shall be issued for an individual sign requiring a permit unless and until a Master Signage: Plan for the property on which the sign will be erected has been submitted to the Zoning Officer and approved by the Zoning Officer as conforming with this section. 1. Mariter Signage Plan - For any lot on which

the owner proposes to erect one or more signs requiring a permit, the owner shall subinit to the Zoning Officer a Master Signage Plan containing the following: a. An accurate plot plan of the lot, at such

scale as the Zoning Officer may require; b. Location of buildings, parking lots, drive-

ways, and landscaped areas on such lot; c. Computation of the maximum total sign

area, the maximum area for individual signs, the height of signs and the number

d. .4n accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not.

2. A Master Signage Plan shall be signed by all owiiers or their authorized agents in such form as the Zoning Officer shall require.

3. A Master Signage Plan shall be included in any development plan, site plan, or other plan required by the Somerset County Plan- ning Commission for the proposed development and shall be processed simultaneously with other such plan.

4. A Master Signage Plan may be amended by filing a new Master Signage Plan that conforms with all requirements of the ordinance then in effect.

Y. After approval of a Master Signage Plan, no sign shall be erected, placed, painted, or maintained. except in conformance with such plan, and such plan may be enforced in the same way as any provision of this ordinance. In 'case of any conflict between the provi-

of freestanding signs; and -

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sions of such a plan and any other provision of this ordinance, the ordinance shall control.

SECTION 402 SIGNS EXCLUDED FROM REGULATION

The following signs are exempt from the regulation under this ordinance except for the regulations set forth in Section 412(B) through (E).

1.

2.

3.

4.

5.

6.

7.

8.

9.

Signs not exceeding four square feet in area that are customarily associated with residential use and that are not of a commercial nature, such as: (i) signs giving property identification names or numbers or names of occupants, (ii) signs on mailboxes or newspaper tubes, (iii) signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.

Signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informa- tional signs, and traffic, directional, or regula- tory signs.

Official signs of a noncommercial nature erected by public utilities.

Flags, pennants, or insignia of any governmental or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device.

Integral decorative or architectural features of buildings or works of art, so long as such features or works do not contain letters, trade- marks, moving parts, or lights e.g. stone carv- ings on fascade of building.

Signs directing and guiding traffic on private property that do not exceed four feet each and that bear no advertising matter.

Church bulletin boards, church identification signs, and church directional signs that do not exceed one per abutting street and 32 square feet in area and that are not internally illuminated. Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs.

Signs proclaiming religious, political, or other noncommercial messages (other than those regulated by Section 403(5) that do not exceed one per abutting street and 16 square feet in area and that are not internally illuminated.

SECTION 403 CERTAIN TEMPORARY SIGNS: PERMIT

EXEMPTIONS AND ADDITIONAL REGULATIONS

A. The following temporary signs are permitted without a sign permit. Such signs shall conform to the requirements set forth below as well as all other applicable requirements of this ordinance except those contained in Section 406 (Total Sign Surface Area) and Section 408 (Number of Freestanding Signs). 1. Signs containing the message that the real

estate on which the sign is located (including buildings) is for sale, lease, or rent, together with information identifying the owner or agent. Such signs may not exceed four square feet in area in Residential, Conserva- tion, and Agricultural districts, sixteen square feet in area in Commercial and Industrial districts, and shall be removed immediately after sale, lease, or rental. For lots of less than five acres, a single sign on each street ftontage may be erected. For lots of five acres or more in area and having a street frontage in excess of 400 feet, a second sign not exceeding four square feet in area may be erected.

2. Construction site identification signs. Such signs may identify the project, the owner or developer, architect, engineer, contractor and subcontractors, funding sources, and may contain related information including but not limited to the sale or leasing information. Not more than one such sign may be erected per site, and it may not exceed 32 square feet in area. Such signs shall not be erected prior to the issuance of a zoning permit and shall be removed when construction is completed.

3. Signs attached temporarily to the interior of a building window or glass door. Such signs, individually or collectively, may not cover more than 75 percent of the surface area of the transparent portion of the window or door to which they are attached. Such signs shall be removed within 30 days after placement.

4. Displays, including lighting, erected in connection with the observance of holidays. Such signs shall be removed within 10 days following the holidays.

5 . Signs erected in connection with elections or

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0;. Somerset County Interchange Area Zoning Ordinance Q I political campaigns. Such signs shall be removed within three days following the election or conclusion of the campaign. No such sign may exceed 16 square feet in surface area.

6. Signs indicating that a special event such as a grand opening, fair, carnival, circus, festival, or similar event is to take place on the lot where the sign is located. Such signs may be erected no sooner than two weeks before the event and must be removed no later than three days after the event.

7. Signs indicating the existence of a new business, or a business in a new location, if such business has no permanent signs. Such message may be displayed for a period of not more than sixty (60) days or until installa- tion of permanent signs, whichever slhall occur first.

B. Other temporary signs not listed in Subseciion (A) shall be regarded and treated in all respects as permanent signs, except that (as provided in Section 406) temporary signs shall not be included in calculating the total amount of permitted sign area.

SECTION 404 DETERMINING THE NUMBER OF SIGNS

A. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit.

B. A two-sided or multi-sided sign shall be regarded as one sign so long as: 1. With respect to a V-type sign, the two sides

are at no point separated by a distance 1.hat exceeds five feet; and

2. With respect to double faced (back to back) signs, the distance between the backs of each face of the sign does not exceed three feet.

SECTION 405 COMPUTATION OF SIGN AREA

A. The surface area of a sign shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not mlore than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an

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integral1 part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself.

If the sign consists of more than one section or module, all of the area, including that between section!; or modules, shall be included in the computation of the sign area.

Except as herein provided, with respect to two-sided, multi-sided, or three-dimensional signs, the sign surface area shall be computed by including the total of all sides designed to attract attention or communicate information that can be seen at any one time by a person from one vantagc point. Without otherwise limiting the generality of the foregoing: 1. The sign surface area of a double faced, back

to back sign shall be calculated by using the area of only one side of such sign, so long as the distance between the backs of such signs does not exceed three feet.

2. The: sign surface area of a double faced sign constructed in the form of a “V” shall be calculated by using the area of only one side of such sign (the larger side if there is a size daerence), so long as the angle of the “V does not exceed 30 degrees and at no point does the distance between the backs of such sides exceed five feet.

SECTION 406 TOTAL SIGN SURFACE AREA

Unless otherwise provided in this Article, the total surface area devoted to all signs on any lot shall not exceed the limitations set forth in this section, and all signs except temporary signs shall be included in this calculation.

Unless otherwise provided in this article, the maximiim sign surface area permitted on any lot in any Residential district, Conservation district, or Agricultural district is four square feet. Subject to the other provisions in this section, the maximum sign surface area permitted on any lot in a Commercial district or Industrial district shall be determined by multiplying the number of linear feet of street frontage of the lot by 1.0 feet. Hlowwer, in no case may the total sign surface area exceed 500 square feet.

If a lor. has frontage on inore than one street,

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then the total sign surface area permitted on that lot shall be the sum of the sign surface area allotments related to each street on which the lot has frontage. However, the total sign surface area that is oriented toward a particular street may not exceed the portion of lot’s total sign surface area allocation that is derived from frontage on that street.

Whenever a lot is situated such that it has no street frontage on any lot boundary and an applicant desires to install on such a lot a sign that is oriented toward a street, then the total sign surface area permitted on that lot shall be the sign surface area of the street which such sign is to be oriented. The applicant shall be restricted to using only one street and the closest boundary to this street for determining the total permitted sign surface area.

The sign surface area of any sign located on a wall of a structure may not exceed 50 percent of the total surface area of the wall on which the sign is located.

SECTION 407 FREESTANDING SIGN SURFACE AREA

For purposes of this section, a side of a freestanding sign is any plane or flat surface included in the calculation of the total sign surface area as provided in Section 406 (Compu- tation of Sign Area). For example, wall signs typically have one side. Freestanding signs typically have two sides (back to back), although four-sided and other multi-sided signs are also common. Subject to Subsection (c), a single side of a freestanding sign in a commercial or industrial district may not exceed 0.75 square feet in surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. However, in no case may a single side of such signs exceed 250 square feet in surface area. With respect to freestanding signs that have no discernable sides, such as spheres or other shapes not composed of flat planes, no such freestanding sign may exceed the maximum total surface area allowed under Subsection (b) for a single side of a freestanding sign.

SECTION 408 NUMBER OF FREESTANDING SIGNS

A. Except as authorized by this Article, no development may have more than one freestanding sign.

B. If a development is located on a corner lot that has at least 100 feet of frontage on each of the two intersecting public streets, then the development may have not more than one freestanding sign along each side of the development bordered by such streets.

C. If a development is located on a lot that is bordered by two public streets that do not intersect at the lot’s boundaries (double front lot), then the development may not have more than one freestanding sign on each side of the development bordered by such streets.

SECTION 409

DEVELOPMENT ENTRANCE SIGNS

At any entrance to a residential subdivision or multi-family development, there may be not more than two signs identifying such subdivision or development. A single side ’of any such sign may not exceed 16 square feet, nor may the total surface area of all such signs located at a single entrance exceed 32 square feet.

SUBDIVISION AND MULTI-FAMILY

SECTION 410 LOCATION AND HEIGHT REQUIREMENTS

A. Freestanding signs shall have a setback of 10 feet from lot boundary lines abutting public rights- of-way .

B. No sign may extend above any parapet or be placed upon any roof surface, except that for purposes of this section, roof surfaces constructed at an angle of 75 degrees or more from horizontal shall be regarded as wall space, This subsection shall not apply to displays, including lighting, erected in connection with the observa- tion of holidays on the roofs of residential structures.

C. No sign attached to a building may project more than 12 inches from the building wall.

D. Except as otherwise provided for in Section 402 (Signs Excluded from Regulation), no sign or supporting structure may be located in or over any public right-of-way.

E. No part of a freestanding sign may exceed a

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*$ Somerset County lntelrchange Area Zcrning Ordinance *p I height, measured from ground level, of 25 feet in a Commercial or Industrial district, and 15 feet in all other districts.

SECTION 41 1 SIGN ILLUMINATION AND SIGNS

CONTAINING LIGHTS

A. Except as herein provided, signs may be illuminated if such illumination is in accordance with this Section.

B. Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential premises.

C. Except as herein provided, internally illununated signs are not permissible in residential zoning districts. This subsection shall not apply to the following types of signs: 1. Signs that constitute an integral part oE a

vending machine, telephone booth, deyice that indicates the time, date, weather cortdi- tions, or similar device whose principal function is not to convey an advertising message.

2. Signs that do not exceed two square feet in area and that convey the message that a business enterprise is open or closed or that a place of lodging does or does not have a vacancy.

D. Subject to Subsection (F), illuminated tubings or strings of lights that outline property lines, sales areas, roof lines, doors, windows, or similar areas are prohibited.

E. Subject to Subsection Q, no sign may contain or be illuminated by flashing or intermittent lights or lights of changing degrees of intensity, except signs indicating time, date, or weather cortdi- tions.

F. Subsections (D) and (E) do not apply to temporary signs erected in connection with the observance of holidays.

SECTION 412 MISCELLANEOUS RESTRICTIONS &

PROHIBITIONS

A. No off-premises signs may be located in ilny Residential zoning district.

B. No sign niay be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to

enter onto or exit from public streets or private roads.

C. Signs th!at revolve or are animated or that utilize movement or apparent movement to attract the attention of the public are prohibited. Without limiting the foregoing. banners, streamers, animated display boards, pennants, and propellers are prohibited, but signs that only move occa- sionally because of wind are not prohibited if their movement (i) is not a primary design feature of the sign, and (ii) is not intended to attract attention to the sign. The restriction of this subaection shall not apply to signs specified in Section 402(4) or to signs indicating the time, date, or weather conditions.

D. No sign may be erected so that by its location, color, size, shape, nature, or message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies.

E. Freestanding signs shall be securely fastened to the groiind or to some other substantial supportive structure so that there is virtually no danger that either the sign or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property.

F. Signs are permitted advertising the sale of farm , products, nursery products or livestock produced

or raiseld on the premises, provided that the signs do not exceed one per abutting street and 16 square feet in area and that are not internally illuminated.

G. Signs rnay be erected in conjunction with land uses permitted by the Zoning Hearing Board as Special Exceptions in Residential, Agricultural, and Conservation districts provided that such signs do not exceed one per abutting street, 16 square feet in area, and are not internally illuminated. L

H. Residential properties operating approved home occupations in Residential districts are permitted signs totalling 6 square feet in area.

I. A single property divided by a municipal boundiy into two or more segments shall be treated as two or more separate properties for the purposes of this Article and each segment shall be governed by the regulations adopted by the municipality which each segment is found.

J. Portable signs meeting the definition set forth in Section 400(9) shall be prohibited.

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SECTION 413 MAINTENANCE OF SIGNS

All signs and components thereof, including without limitation supports, braces, and anchors, shall be kept in a state of good repair.

If a sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall, within 30 days after such abandonment, be removed by the sign owner, owner of the property where the sign is located, or other party having control over such sign.

If the message portion of a sign is removed, leaving only the supporting “shell” of a sign or the supporting braces, anchors, or similar components, the owner of the sign or the owner of the property where the sign is located shall, within 30 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This subsection shall not be construed to alter the effect of Section 415(c), which prohibits the replacement of a nonconforming sign. Nor shall this subsection be construed to prevent the changing of the message of a sign.

The area within 10 feet in all directions of any part of a freestanding sign shall be kept clear of all debris and all undergrowth more than five inches in height.

SECTION 414 UNLAWFUL CUTTING OF TREES OR

SHRUBS

No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located:

A. Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the public or private organization having jurisdiction over the street.

B. On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are

located.

C. In any area where such trees or shrubs are required to remain under a permit issued under this ordinance.

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SECTION 415 NONCONFORMING SIGNS

A. Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this article may be continued until they are required to be removed under Section 416 (Amortization of Nonconforming Signs).

B. No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any nonconforming sign.

C. A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this chapter.

D. If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this chapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is “destroyed if damaged to an exqent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the original cost plus prior improvements.

E. The message of a nonconforming sign may be changed so long as this does not create any new nonconformities (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed).

F. Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed within any 12-month period 50 percent of the value (tax value if listed for tax purposes) of such sign.

G. If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being

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offered or conducted, that sign shall be considered abandoned and shall be removed within 30 days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign.

comply with the provisions of this article or be removed.

B. If the nonconformity consists of too many freestanding signs on a single lot or an excess of total sign area on a single lot, the person

H. If a nonconforming billboard remains blank for responsible for the violation may determine

1 a continuous period of 180 days, that billboard shall be deemed abandoned and shall, within 30 days after such abandonment, be altered to comply with this article or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this section, a sign is "blank" if 1. It advertises a business, service, commodity,

accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; or

2. The advertising message it displays becomes illegible in whole or substantial part; or

3. The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.

As soon as reasonably possible after the effective date of this chapter, the Zoning Officer sliall make every reasonable effort to identlfy all the nonconforming signs with the areas falling under the jurisdiction o€ the Somerset County Interchange Zoning Ordinance. He shall then contact the person responsible for each sign (as well as the owner of. the property where the nonconforming sign is located, if different fiom the former) and inform such person (i) that the sign is nonconforming, (ii) how it is nonconforming, (iii) what must be done to correct it and by what date, and (iv) the consequences of failure to make the necessary corrections. The zoning officer shall keep complete records of all correspondence, communications, and other actions taken with respect to such nonconforming signs.

SECTION 41 6 AMORTIZATION OF NONCONFORMING

SIGNS

which sign or signs need to be altered or removed to bring the development into conformity with the provisions of this article.

C. The following types of nonconforming signs or signs which are nonconforming in any of the following ways shall be altered to comply with the provisions of this article or removed within 1 year after the effective date of this article: 1. Portable signs. 2. Signs that are in violation of Section 411 or

Section 412(A-E). 3. Temporary signs in violation of Section 403.

D. Off-premises signs that are protected from enforced removal by the Outdoor Advertising Control Act shall not be subject to the Subsec- tion (a) of this section unless and until just compensation is provided in accordance with the cited statute.

E. Signs erected by franchise companies as a result of contractual obligations with host franchise companies prior to the effective date of this ordinance shall be exempt from the provisions of this Section. This exemption shall be granted only when documentation is submitted to the Zoning Officer prior to the end of the three year amortization period verifying that the existing signs were erected as a result of host company requirements. All new signs erected by franchise compariies after the effective date of this ordinance shall comply with all terms and provisions of the ordinance.

F. Variances applications requesting the continuance of nonconforming signs shall be accepted without the required filing fee for a period of 60 days following the effective date of this Article. Therdter, all variance applications relating to signs must be accompanied by the required filing fee.

A. Subject to the remaining subsections of ,this section, a nonconforming sign that exceeds the

lo percent within three years after the phrases of this Article are severable, and if any such effective date Of ordinancey be to section, paragraph, sentence, clause, or phrase is

SECTION 41 7 SEVERABILITY I

I size, Or spacing limitations more tlhan The sections, paragraphs, sentences, c laws, and

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declared unconstitutional or otherwise invalid by any court of competant jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Article since the same would have been enacted without the incorpo- ration into this Article of such unconstitutional or invalid section, paragraph, sentence, clause or phrase.

ARTICLE V

SECTION 500 MINIMUM OFF-STREET PARKING

REGULATIONS

Residential Dwelling 1 space for each unit

Multi-Family Dwelling 1 - 1/2 spaces for each unit

Residential Dwelling 1 space for resident and 2 with Permitted spaces for patron use Occupation

Motels & Hotels 1 for each guest room and 1 for every 2 employees

Retail Stores 1 for every 200 square feet

Restaurants 1 for every 4 customer

& Offices of floor area

seats and 1 for every 2 employees

Industrial Establishments

Theater or Church

Hospital or

1 for every 3 employees

1 for every 4 seats

1 for every 4 beds and lfor Nursing Home every 2 employees

SECTION 501 OFF-STREET LOADING REGULATIONS

Sufficient off-street loading and unloading area shall be provided for the smooth movement of goods in all districts. On-street loading and unloading is strictly prohibited.

SECTION 502 ACCESS

Access drives shall not open upon any public right-of-way within thirty (30) feet of the terminus of limited access required by the Commonwealth of Pennsylvania, or within fifty (50) feet of the nearest right-of-way line of any intersecting public street or

highway. Minimum distance between adjacent edges of pavement of driveways shall be fifty (SO) feet. Not more than two (2) driveways shall be permitted per lot except where frontage exceeds three hundred (300) feet in length or where frontage is along a divided highway and then only with prior Board Approval. Driveway widths shall be in accordance with the Department of Highways Driveway Regula- tions.

SECTION 503 VISION CLEARANCE IN RESIDENTIAL

DISTRICTS

On a corner lot, no fence or other structure more than 3-1/2 feet in height above the plane of the established grades of the streets shall be erected on any part of the front yard or side yard herein established that is included within the right-of- way lines of intersecting streets and a line connecting said street lines a point which is twenty (20) feet from their point of intersection, measured along said street lines, and no planting of foliage shall be placed or maintained within such area that in the judgment of the Zoning Officer will materially obstruct the view of the driver of a vehicle approach- ing the street intersection.

No fence which is more than 3-1/2 feet in height above the plane of the finished grade of the lots at the division line between lots shall be erected along said division line unless no part of said fence is nearer than twenty (20) feet to any street line right-of-way. The provisions of this section shall apply only to Residential Districts.

ARTICLE VI

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SECTION 600 EXISTING LOTS OF RECORD

A single-family dwelling is permitted on a lot of record in the Effective Date of this Ordinance, the owner of which does not then own any adjoining property, irrespective of its area or width; provided that the width of each side yard be not less than 10 percent of the width of the lot, the depth of the rear yard be not less than 20 percent of the depth of the lot, and there is a minimum of 20 feet frontage on a public right-of-way. Setback requirements shall be in conformance with those established for the specific zone that the property is located within.

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SECTION 601 NON-CONFORMING USES

Any building, structure, or use which does not conform to the use regulations contained in this Ordinance at the time it becomes applicable to such building, structure, or use, may be continued, subject to the following provisions: A. Any building or structure occupied by a

non-conforming use which has been damaged by fire, flood, explosion, or any Act of God, sulch that its value has been reduced to less than .SO percent of its fair market value, as determined by the Zoning Hearing Board immediately prior to the time of such damage, shall be required to conform to the use regulations in this Ordinance.

B. Any non-conforming use which is voluntarily discontinued, or becomes inactive for a period of one year or more, shall not be permitted to resume, except in compliance with the use regulations of this Ordinance.

C. Any building or structure devoted to a nonconforming use, having a fair market value of less than 500 dollars, as determined by the Zoning Hearing Board, can be continued in use for a period not to exceed two years after such determination. Whereupon such use shall cease and the building, structure, or use shall thereafter be required to conform to this Ordinance.

D. Such repairs and maintenance work as required to keep a non-conforming building, structure, or use in sound condition may be made provided 110 additions shall be made except as are required by law or authorized by the Zoning Hearing Board as provided in Section 601.

E. Lf no additions or structural alterations are madte, any non-conforming use of a structure or structures and premises may be changed to another non-conforming use, provided that tihe Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accord with the provisions of this Ordinance.

F. Any business that is established and is operating at the time the new zoning law becomes effective, and which does not meet the minimum setback of 30 feet from the right-of-way, shall be allowed to continue operation at its present

location. Owner shall be allowed to remodel, repair, or sell, and future owner shall have the right to remodel or repair building at its present location. Any additions shall comply with the 30-foot minimum setback regulation.

G. Any existing single-family detached dwellings in any district or zone shall be allowed to construct residential additions, Le., porches, rooms, ga- rages, etec., and accessory uses. A permit will be required. Methods for permit application and construction will follow all regulations in this Ordinance as if the residential building and property were located within a single-family residential zoning district, including all single- family zoning district standards.

This Sub-Section does not permit a non-conforming single-family detached dwelling from exercising any additional permitted uses under Section 302-A.

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ARTICLE VI1

SECTION 700 ADMINISTRATION

This Ordinance shall be administered and enforced in accordance with the provisions of this Section:

A. The Board of County Commissioners shall designate a Zoning Officer to administer and enforce this Ordinance.

B. The Zonung Officer may be provided with the assistance of such other persons as the Board of County Commissioners and the County Planning Commission may direct, to ensure the efficient administration and enforcement of this Ordi- nance.

SECTION 701 ZONING HEARING BOARD

The Board of County Commissioners shall appoint, by resolution, a Zoning Hearing Board which shall consist of three members. The Board of County Commissioncm shall designate one such member to serve until the first day of January, 197 1; and one to serve until the first day of January, 1972; shall appoint successors to these members on the expira- tion of their respective terms, such successor to serve a term of three years; and shall fill any vacancy for the unexpired term of any member whose term becomes vacant. The members of the Zoning Hearing Board shall be removable for cause by the Board of County Commissioners upon written charges after a

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Public Hearing. The Board of County Commissioners may also appoint alternates to the Zoning Hearing Board to sit on the Board when designated by the Chairman of the Zoning Hearing Board.

The Zoning Hearing Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Ordinance. Such Zoning Hearing Board shall hear and decide appeals from, and review any order, requirement, decision, or determination made by the Zoning Officer, or his duly authorized representative, in the administration of this Ordinance. It shall also hear and decide all matters referred to it, or upon which it is required to pass under this Ordinance. The concurring vote of two members of such Board shall be necessary to reverse or modify any order, requirement, decision, or determination from which there has been an appeal. The Zoning Hearing Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or deternii- nation as in its opinion ought to be made in the premises and to that end shall have the powers of the office from whom the appeal is taken.

SECTION 702 JURISDICTION

The Zoning Hearing Board, as herein specified, shall have power on application in a specific case, where owing to special conditions a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, to so vary the application of such provisions in harmony with the public interest and with the spirit of this Ordinance that substantial justice shall be done. When, in its judgment, the public interest will be substantially served, or the appropriate use of neighboring property will not be substantially or permanently injured, the Hearing Board may, in a specific case, after public notice and hearing, and subject to appropriate conditions and safeguards, determine and vary the application of the district regulations herein established in harmony with their general purposes and intent. Under no circumstances shall the Zoning Hearing Board grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved; or any use expressly, or by implication, prohibited by the terms of this Ordinance in the district involved.

The Zoning Hearing Board may further grant a Special Exception where permitted by the district regulations, allowing certain uses in certain dstricts where, under the circumstances and conditions involved, to allow such use is not in derogation of the

public interest or general welfare of the community, after public notice and hearing, and subject to appropriate conditions and safeguards.

SECTION 703 AMENDMENTS

The Board of County Commissioners may, from time to time, on its own notice or on petition, after public notice and hearing, amend the regulations and districts herein established. If any area is hereafter transferred to another district by a change in the district boundaries by amendment as provided in this section, the provisions of this Ordinance, with regard to building or premises existing, or buildings under construction at the time of the passage of this Ordinance, shall apply to buildings or premises existing or under construction in such transferred area at the time of the passage of such amendment.

SECTION 704 FEES

For the review of Zoning Permit Application and/or Hearing before the Zoning Hearing Board, or the Somerset County Commissioners, there shall be a non-refundable charge as established by the Board of County Commissioners under a separate resolution.

SECTION 705 ZONING PERMITS

No person, firm, or corporation, shall erect, construct, or enlarge; alter, repair, or convert; move, improve, or change the use of any land, building, or structure in the County Interchange Zoning Area, or cause the same to be done without first obtaining a separate permit for each such land, building, or structure from the Zoning Officer in accordance with the following procedure.

The owner, contractor, or authorized agent thereof shall file an application for said permit in writing, with the Zoning Officer on a form furnished for that purpose. An agent may be required to submit evidence to indicate his authority. The Zoning Officer shall examine applications for zoning permits within a reasonable tie after filing, not to exceed thirty (30) days.

If an examination by the Zoning Of€icer indicates that the proposed work will be in compliance with the laws and ordinances applicable thereto, approval of such application shall be made and the Zoning Officer shall issue a permit for the proposed work. If examination andor physical inspection reveals that a

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*.e Somerset County Interchange Area Zoning Ordinance 4.e 1 permit shall not be issued by reason of the proposed work being in violation of existing laws or ordinances, rejection of such application shall be made and a report showing the reason for rejection shall be attached to the application and returned to the applicant.

A permit under which work is not commenced within 90 days after issuance shall expire by limitation. A new application shall be filed and a new permit required before work is started. A copy of the permit shall be posted on the premises for public inspection during the prosecution of the work, and until completion of the same.

Every application shall contain the following:

A description of the land on which the propclsed work is to be done by lot number, street address, or by metes and bounds; Show the type of use or occupancy to be mad(: of all parts of the building or premises; State the valuation of the proposed work, Le., contract price or estimated construction costs; File a plot plan showing size and location of all new construction and all existing structures on the site, including distances from lot lines; and

A brief description of the proposed work.

SECTION 706 PENALTY FOR VIOLATION

Any person, partnership, or corporation who or which shall violate any of the provisions of this Ordinance, or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved thereun- der, shall, for each and every violation or rion- compliance, upon being found liable therefore in a civil enforcement proceeding, pay a judgment of not more than $500.00 plus all court costs, including reasonable attorney’s fees incurred by the County of Somerset as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the Defendant neither pays nor timely appeals the judgment, the County of Somerset may enforce the judgment pursuant to the applicable rules of civil procedure.

Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation, furlher

determines that there was a good faith basis for the I 1 I I I I I

I

person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the 5th day following the date of determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation.

The owner of any building or premises or part thereof, where anything in violation of this Ordi- nance shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of such violation, shall each be guilty of a separate offense, and upon conviction thereof, shall pay a judgment as herein provided. All judgments, costs, and reasonable attomlzy fees collected for the violation of the Zoning Ordinance shall be paid over to the County of Somerset.

SECTION 707 ENFORCEMENT REMEDIES

In case any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this Ordinance, the County Zoning Officer, in addilion to other remedies, may institute in the name of the County, any civil enforcement proceeding to Drevent. restrain. correct. or abate such building.

Yl

structure, or land, or to prevent, in or about such ,

premises, any act, conduct, business, or use constitut- ing a violation.

ARTICLE Vlll

SECTION 800 DEFINITIONS

Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Ordinance to have the meanings indicated in this Article. Th.e present tense includes the future; the singular number includes the plural, and the plural the singular; the word “building” includes the word “structure” and shall be construed as if followed by the words “or part thereof ’; the word “use” includes the words “arranged, designed, or intended to be used; and the word “shall” is always intended to be mandatory when capable of such interpretation.

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e:. Somerset County Interchange Area Zoning Ordinance 0:.

Accessory Building: A building subordinate to the principal building on the lot and used for purposes customarily incidental to those of the principal building.

Accessory Use: A use subordinate to the principal use of land or a building or other structure on a a lot and customarily incidental thereto. Board Approval: Board approval shall be interpreted as a majority vote of the Board. In the event of a two-man quorum on the Board, both votes of approval will be required.

Building: Any structure having enclosed walls and roof, permanently located on the land.

Building Area: The aggregate of the maximum horizontal cross-section areas of all buildings on a lot above the ground level, measured at the greatest outside dimensions, excluding cornices, eaves, gutters, or chimneys projecting not more than eighteen (18) inches, bay windows not extending through more than one story and not projecting more than five ( 5 ) feet, one-story open porches projecting not more than ten (10) feet, porte-cochere or car port open on three (3) sides, and not more than fourteen (14) feet high and twenty (20) feet in length, steps and balconies.

Dwelling: A building designed for, or occupied exclusively for residential purposes, including hotel, rooming house, tourist home, institutional home, residential club, motor court, and the like. a. Single-Family Dwelling: A building de-

signed for and occupied exclusively as a dwelling for one family.

b. Two-Family Dwelling: A building designed for and occupied exclusively as a dwelling for two families.

c. Multiple Dwelling: A building not a Single- Family Dwelling, nor a Two-Family Dwell- ing, designed for and occupied exclusively for dwelling purposes by three or more families living independently of one another, not a row house, but customarily called an apartment house.

Dwelling Unit: A building or portion thereof providing complete housekeeping facilities for one family.

8. Garage, Public: A building, other than a private

or storage garage, one or more stories in height, used solely for commercial storage, service or repair of motor vehicles.

9. Gasoline Service Station: Any area of land,

10.

11.

12.

13.

14.

15.

including structure thereon, or any building or part thereof, that is used for the sale of gasoline or other motor vehicle fuel or accessories, and which may or may not include facilities, lubricating, washing, or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs.

Height of Building: A building’s vertical measurement from the average level of the highest and lowest portion of the main roof, but not including chimneys, public utility poles, towers, and church steeples.

Home Occupation: An occupation for gain or support conducted only by members of a family residing on the premises and conducted entirely within the dwelling, providing that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises.

Hotel: A building used for the purpose of furnishing for compensation more or less temporary lodging to the public, with or without meals, and having lodging accommodations for ten or more persons.

Junk Yard: A lot, land, or structure, or part thereof, used primarily for the collection, storage, and sale of waste paper, rags, scrap metal or discarded material or for the collection, dismantling, storage and salvaging of machin- ery or vehicles not in running condition, and for the sale of parts thereof. Junk Yards are an industrial use.

Loading Space: A space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials. Lot: A parcel of land which is occupied, or is to be occupied by one principal building or other structure or use, together with any accessory buildings or structures or uses customarily incidental to such principal building or other structure or use, and any such open spaces as are arranged or designed to be used in connection with such principal buildings or other structure or use, such open spaces and the area and dimensions of such lot being not less

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.:e Somerset County Interchange Area Zoning Ordinance .:e

than the minimum required by this Ordinance. visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, or to display, identify, and publicize the name and product or service of any :person.

16. Lot Area: The total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any right-of-way shall be deemed a portion of any lot area. The area of any lot abutting a street shall be measured to the street line only.

17. Lot Line: A property boundary line of any lot held in single or joint ownership, except that in the case of any lot abutting a street the lot line

24. Street: A right-of-way, municipally- or privately-owntxi, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and space for sewers and public utilities.

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for such portion of the lot as abuts the street shall be deemed to be the same as the street line, and shall not be the center line of the street, or any other line within the street lme even though such may be the property boundary line.

18. Lot Coverage Ratio: The ratio of ground area covered by principal and secondary structures to the total ground area of the lot upon which such structures are erected.

19. Motor Court or Motel: A building andlor group of two or more detached or semi-detactied buildings containing rooms or apartments having separate ground floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended, or used principally for providing sleeping accommoria- tions for automobile travelers, and is suitable for occupancy at all seasons of the year.

20. Non-Conforming: A building or other structuire, use, or lot, which, by reason of design, size, or use, does not conform with the requirements of the district or districts in which it is located.

21. Parking Space: A reasonably level space, available for the parking of one motor vehicle, not less than ten feet wide, and having an area of not less than two hundred square feet.

22. Public Notice: A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the particular nature of ihe matter to be considered at the hearing. The first publication shall not be more then thirty (30) days and the second publication shall not be less than seven (7) days from the date of rhe hearing.

25. Street Line or Setback: The dividing line between a lot and the outside boundary or ultimate right-of-way lines of a public street, road, or highway legally owned or officially plotted. or between a lot and a privately owned street, road, or way over which the owner or tenants of two or more lots each held in single and separate ownership have the right-of-way.

26. Structural Alteration: Any change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams, or girders, or any change which would convert an existing building int'o a different structure, or adapt it to a different use or which, in the case of a non-conforming use, would prolong the life of such use.

27. Stnicture: Any form or arrangement of building material involving the necessity of providing proper support, bracing, tying, anchoring, or other protection against the forces of the elements.

28. Yard: ,4n open, unoccupied space on the same lot witlh a building or other structure or use, open and obstructed from the ground to the sky, except :For public utility lines or facilities. a. Front Yard: A yard extending the full width

of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any structure on the lot.

b. Rear Yard: A yard extending the Nl width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.

c. Side Yard: A yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to ,the nearest point of any structure on the

23. Sign: A structure, billboard, building wall, or lot. other outdoor surface, of any device used for

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0:. Somerset County Interchange Area Zoning Ordinance 0 3

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e:* Somerset County Interchange Area Zoning Ordinance

I APPENDICES

Resolution - Current Fee Schedule

Zoning Application Form - Building Permit

Zoning Application Form - Sign Permit

Zoning Application Form - Variance Hearing

Zoning Application Form - AppeaVAmertdment Hearing

Example Zoning Maps (Not Official)

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RESOLUTION # 1-87 OF

SOMERSET COUNTY INTERCHANGE ZONING ORDINANCE FEE SCHEDULE

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WHEREAS, the Pennsylvania Municipalities Planning Code, A c t 247 of 1968, a s amended, requires that fee schedules concerning ordinances of the county be made in resolution form separate from the ordinance; and

WHEREAS, Somerset County has not increased the present fee schedule since May of 1970, concerning the review and administration of its Interchange Zoning Ordinance;

THEREFORE, Somerset County lists the fee schedule a s follows:

Zoning Permit Application Review Fee - s 20.00

Request for Zoning Amendment Fee (map or text) - $250.00

Zoning Hearing Application or Appeal - $250.00

Each permit application shall be accompanied by cash, certified check, or money order payable to "Somerset County", in the amount( s) required above.

Payment of permit fees does not obligate the Zoning Officer, the Admini- strator of the Somerset County Interchange Area Zoning Ordinance, to g ran t a permit to the applicant.

Adopted this 6th day of January I 1987.

ET COUNTY BOARD OF

/ Paul L. O'Connor, Chairman

(seal)

Douglas MY Bell, Vice Chairman

ATTEST: " 4

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Brad Cober, Secretary

Kay Slope, Chiif Clerk

ZONING PEFtMllT APPLlICATlQN SOMERSET COUNTY INTERCHANGE AREA ZONING

APPLICATION IS HEREBY MADE FOR A ZONING PERMIT FOR THE CONSTRUCTION, RECONSTRUCTION, RAISING, MOVING, EXTENDING, AND/OR REPAIRING OF A BIJILDING, STRUCTURE, OR FENCE. THE SOMERSET COUNTY ZONING OFFICER HAS 30 DAYS FROM THE RECEIPT OF THIS APPLICATION TO RENDER A DECISION.

FOR PROPERTY LOCATED IN TOWNSHIP; PARCEL #

OWNED BY

ADDRESS

LESSOWAPPLICANT (IF DIFFERENT FROM PROPERlW OWNER)

LESSOWAPPLICANT ADDRESS

PROPERW IS ZONED SUBDIVISION NAME /LOT #

USE OR USES FOR WHICH BUILDING, STRUCTURE OR FENCE IS BEING ERECTED OR ALTERED:

TYPE OF BUILDING, STRUCTURE OR FENCE TO BE ERECTED

DIMENSIONS OF LOT: WIDTH - Fr. LENGTH - FT.

FRONT YARD - FT. SIDE YARDS - FT. AND FT.

REAR YARD - FT. FRONTAGE - - FT. CORNER Lor - Y E S - NO

DIMENSIONS OF BUILDING, §TRUCTURE, OR FENCE: WIDTH - FT. LENGTH - FT.

HEIGHT - FT. NUMBER OF STORIES - - BASEMENT- - YES - NO

HAS THIS PROPERJY BEEN SUBJECT TO PREVIOUS ZONING PERMITS CIR OTHER ACTIONS? - YES - NO

IF YES, PLEASE EXPLAIN:

HAVE PLANS BEEN APPROVED BY THE DEPT. OF IABOR & INDUSTRY? Y E S - NO -NOT REQUIRED

STARTING DATE OF CONSTRUCTION - ESTIMATED COST - $

ESTIMATED COMPLETION DATE

CONTRACTOR -- BRIEF DESCRIPTION OF PROPOSED WORK:

ATTACH A PLOT PIAN (DRAWN TO SCALE), INCLUDING DINIENSIONS, SHOWING: EXISTING STRUCTURES; SET BACKS; DRIVEWAYS, PARKING AREAS,, AND ROADS.

LOT LAYOUT; PROPOSED BUILDING, ADDITION, STRUCTURE, OR FENCE LOCATION;

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-%E-INSPECTION:

DATE : BY

POST-INSPECTION:

I (WE) AFFIRM THAT THE INFORMATION CONTAINED HEREIN IS TRUE, CORRECT, AND COMPLETE, TO THE BEST OF MY (OUR) KNOWLEDGE AND BELIEF.

OWNER'S SIGNATURE

PRINTED NAME

MAILING ADDRESS

APPLICANT'S SIGNATURE

PRINTED NAME

MAILING ADDRESS

TELEPHONE NUMBER

DATE:

TELEPHONE NUMBER

DATE:

APPLICATION FEE: RETURN TO:

$20.00 (Make checks payable to Somerset County Treasurer). Somerset County Planning Commission 300 North Center Avenue, Suite 540 Somerset, PA 15501

DATE RECEIVED:

I DATE: BY:

ZONING PERMIT APPROVED

THIS IS TO CERTIFY THAT THE PROPOSED BUILDING OR ALTERATION AS SET FORTH ON THIS APPLICATION COMPLIES WITH ALL THE PROVISIONS OF THE SOMERSET COUNTY INTERCHANGE AREA ZONING ORDINANCE.

DATE: PERM IT# SIGNATURE OF ZONING OFFICER

ZONING PERMIT DENIED

REASON FOR DENIAL:

DATE: SIGNATURE OF ZONING OFFICER

ZONING APPLICATION - SIGN PERMIT SOMERSET COUNTY INTERCHANGiE AREA ZONING

APPLICATION IS HEREBY MADE FOR A ZONING PERMIT FOR THE CONSTRUCTION, RECONSTRUCTION, RAISING, MOVING, EXTENDING, AND/OR REPAIRING OF A SIGN. THE SOMERSET COUNTY ZONING OFFICER HAS 30 DAYS FROM THE RECEIPT OF THIS APPLICATION TO RENDER A DECISION.

FOR PROPERTY LOCATED IN TOWNSHIP; PARCEL #

OWNED BY

ADDRESS

LESSOWAPPLICANT (IF DIFFERENT FROM PROPERlY OWNER)

LESSOWAPPLICANT ADDRESS

PROPERTY IS ZONED SUBDIVISION NAME /LOT #

DIMENSIONS OF LOT: WIDTH - FT. LENGTH - FT.

FRONT YARD - FT. SIClE YARDS - FT. AND FT.

REAR YARD - FT. FRONTAGE - - FT. CORNER LOT - Y E S - NO

DIMENSIONS OF SIGN: WIDTH - - FT. LENGTH - FT.

HEIGHT - FT. AREA - (SQUARE FEET)

TYPE OF SIGN (CHECK ALL THAT APPLY): __ FIAT PROJECTING DETACHED MARQUEE

- INTERNALLY-LIT ILLUMINATED NON-ILLU FA I NATE D TE M PO RARY/PAPE R

- OTHER, PLEASE DESCRIBE:

HAS THIS PROPERTY BEEN SUBJECT TO PREVIOUS ZONING PERMITS OR OTHER ACTIONS? - YES - NO

IF YES, PLEASE EXPLAIN:

HAVE PLANS BEEN APPROVED BY THE DEPT. OF LABOR & INDUSTRY? Y E S - NO -NOT REQUIRED

STARTING DATE OF CONSTRUCTION - ESTIMATED COST - $

ESTIMATED COMPLETION DATE - CONTRACTOR --

BRIEF DESCRIPTION OF PROPOSED WORK:

ATTACH A PLOT PLAN (DRAWN TO SCALE),, INCLUDING DIMENSIONS, SHOWING: LOT LAYOUT; EXISTING STRUCTURES; EXISTING SIGNIS (DIMENSIONS & LOCATIONS); PROPOSED SIGN, LOCATION; SET BACKS; DRIVEWAYS, PARKING AREAS, AND ROADS.

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I WE) AFFIRM THAT THE INFORMATION CONTAINED HEREIN IS TRUE, CORRECT, AND COMPLETE, TO THE BEST OF MY (OUR) KNOWLEDGE AND BELIEF.

OWNER'S SIGNATURE APPLICANT'S S IGNATU RE

PRINTED NAME PRINTED NAME

MAILING ADDRESS MAILING ADDRESS

TELEPHONE NUMBER TELEPHONE NUMBER

DATE: DATE:

APPLICATION FEE: RETURN TO:

$20.00 (Make checks payable to Somerset County Treasurer). Somerset County Planning Commission 300 North Center Avenue, Suite 540 Somerset, PA 15501

DATE RECEIVED:

MASTER SIGNAGE PLAN REQUIRED: Y E S -NO

FOR OFFICE USE ONLY

PRE-INSPECTION:

DATE: BY:

POST-I N SPECTI ON :

DATE: BY:

SIGN PERMIT APPROVED

THIS IS TO CERTIW THAT THE PROPOSED SIGN AS SET FORTH ON THIS APPLICATION COMPLIES WITH ALL THE PROVISIONS OF THE SOMERSET COUNTY INTERCHANGE AREA ZONING ORDINANCE.

DATE: PERM IT# SIGNATURE OF ZONING OFFICER

SIGN PERMIT DENIED

REASON FOR DENIAL:

SIGNATURE OF ZONING OFFICER DATE:

SOMERSET COUNPf PLANNING COMMISSION 300 North Center Avenue, Suite 540

Somerset, PA 15501 (81 4) 445-1 544

AP P LI CAT1 0) N FO R VARI AN C E

INSTRUCTIONS TO APPLICANT

1. Section 702, Somerset County Interchange Area Zoning1 Ordinance, empowers the Zoning Hearing Board to grant a variance from the provisions of the Ordinance when: a. Due to special conditions a literal enforcement of thle Ordinance would result in an

b. Such variance would not be in conflict with the publlic interest. unnecessary hardship; and

2. No variance shall be granted under the following: a. To establish or expand a property use not authorized within the zone where the

b. For a previously denied request when no material change of circumstances has property is located; or

occurred.

3. The Zoning Hearing Board shall not approve variances which would increase base flood elevation levels.

4. If you feel that your request satisfies the conditions of .#l & 2 above, then complete the attached application and submit it to the Somerset County Planning Commission.

5. A public hearing on the Application for Variance will be held within sixty (60) days of i ts filing, unless the applicant grants or requests an extension of time. Within forty-five (45) days of the public hearing the Zoning Hearing Board will approve, approve with conditions, or deny the application. Thie applicant will be notified within five (5) working days of the action.

6. APPLICATION AUACHMENTS - The following items must be included with your a p p I icat ion : a. Application fee of $250. Make check payable to "Somerset County Treasurer." b. Five (5) copies of a site plan drawn to scale showing location and dimensions of

existing and proposed structures to include offstreet parking, if required.


VARIANCE APPLICATION

(Items 1-4 & 6 a-e must be completed.)

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1.

2.

3.

4.

5.

6.

Legal description of real property for which variance is being requested:

Description of variance:

Name of Owner@) Signature of Owner Mailing Address

Phone Number

Name of Applicant (if different from Owner) Signature of Owner Mailing Address

Phone Number

Name of Representative Signature of Owner Mailing Address

Phone Number

The Zoning Board of Appeals may grant a variance provided that all of the following criteria have been met:

(If your answers require additional space, please use back of form.)

a. Describe the unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or except,ional topographical or other physical conditions peculiar to the particular property and how the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.

b. Explain how because of existing physical c:onditions or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and

that the authorization of a variance is necessary to enable the reasonable use of the property.

c. Describe how the unnecessary hardship hais resulted from actions other than yourself.

d. Explain how the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

e. Describe how the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

TO BE COMPLETED BY THE SOMERSET COUNTY IPLANNING COMMISSION

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Date received 6 y:

Fee Paid: $ Parcel Number - I I

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SOMERSET COUNTY PLANNING COMMISSION 300 North Center Avenue, Suite 540

Somerset, PA 15501 (81 4) 445-1 544

APPLICATION FOR WECIAL EXCEPTION

INSTRUCTIONS TO APPLICANT

1. Section 702, Somerset County Interchange Area Zoning Ordinance, empowers the Zoning Hearing Board to grant a Special Exception where permitted by the district regulations, allowing certain uses in certain districts where, under the circumstances and conditions involved, to allow such use is not in derogation of the public interest or general welfare of the community, subject to appropriate conditions and safeguards.

2. A request to the Zoning Hearing Board for a Special Exception may be made by the property owner of the area involved or their designated representative by completing the.attached application and submitting it to the Somerset County Planning Commission.

3. A public hearing on the Application for Special Exception will be held within sixty (60) days of i ts filing, unless the applicant grants or requests an extension of time. Within forty-five (45) days of the public hearing the Zoning Hearing Board will approve, approve with conditions, or deny the application. The applicant will be notified within five (5) working days of the action.

4. APPLICATION ATTACHMENTS - The following items must be included with your a p p I icat io n : a. Application fee of $250. Make check payable to "Somerset County Treasurer." b. Five (5) copies of a site plan drawn to scale showing location and dimensions of

existing and proposed structures to include offstreet parking, if required.

(Items 1-4 & 6 a-j must be completed.)

1 . Legal description of real property for which the special exception is being requested:

2. Description of special exception: -

- - -

3. Name of Owner(s) - Signature of Owner Mailing Address

- -

Phone Number -

4. Name of Applicant (if different from owner) - Signature of Applicant - Mailing Address --

Phone Number

5. Name of Representative

Mailing Address - -

Phone Number --

6. The Zoning Hearing Board may grant a special exception provided that all of the following criteria have been met:

(if your answers require additional space, please use back of form.)

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a. Explain how the special exception will not adversely affect the public interest.

b. Explain how the special exception does not impair the purpose and the intent of the Zoning Ordinance.

c. List any restrictions or limitations (i.e., height, yard, setback, density, etc.) that the special exception would exceed for the affected zoning district.

d. Explain how the special exception is compatible with adjacent and other properties within that zoning district.

e. The special exception increases the principal structure3 gross floor area by what percentage?

f. What was the use of the structure prior to this application?

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h.

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Will the use change after this request is considered? If so, to what?

Are utility easements available if they are needed?

f the structure is in a commercial or industrial zone, what type of buffer is provided to adjacent a nd re:; i d e n t i a I prop e rt y ?

j. What type of off-street parking is provided for the structure?

TO BE COMPLETED BY THE SOMERSET COUNTY PLANNING COMMISSION

Date received By:

Fee Paid: $ Parcel Number

SOMERSET COUNTY PWNNING COMMISSION 300 North Center Avenue, Suite 540

Somenet, PA 15501 (81 4) 445-1 544

CHANGE OF ZONING APPLICATION

(Items 1-6 must be completed and all attachments included.]

1. Legal description of real property for which a Change of Zoning is being requested (If a legal description of the property is not readily available, a copy of the deed for the property may be attached):

2.

3.

4.

5 .

'' 6.

7.

Size of described property: - Zoning District of described property (present):

Zoning District requested for described property (proposed):

Reason(s) for proposed change: -

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Name of Owner(s) - Signature of Owner. Mailing Address

Phone Number I

Name of Applicant (if different from owner)

Mailing Address Signature of Applicant -

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Phone Number

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8.

9.

Name of Representative Mailing Address

Phone Number

APPLICATION ATTACHMENTS - The following items must be included with your application:

a. Application fee of $250. Make check payable to "Somerset County Treasurer".

b. Five (5) copies of either:

1) A site plan drawn to scale showing location and dimensions of lot; or

2) Copy of Tax Map with map and parcel numbers clearly marked.

TO BE COMPLETEQ BY THE SOMERSET COUNTY PLANNING COMMISSION

Date Received Fee Paid $

BY Parcel Number

SOMERSET COUNTY PLANNING COMMlSSlON 300 North Center Avenue, Suite 540

Somenet, FA 15501 (81 4) 445-1 544

(Items 1-3 must be completed and all attachlments included.)

1.

2.

3.

4.

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Description of proposed amendment from the provisions of the Somerset County Interchange Area Zoning Ordinance: -

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Rationale for proposed amendment (cite specific sections of the Zoning Ordinance or other law in support of reasons given and requesteld changes): -

- Name of Owner(s) ~

- I Signature of Owner Mailing Address

- I - Phone Number

Name of Applicant (if different from owner) Signature of Applicant Mailing Address

I Phone Number - I

5. Name of Representative I I Mailing Address

Phone Number

I 6. APPLICATION ATTACHMENTS - The following items must be included with your application:

I a. Application fee of $250. Make check payable to "Somerset County Treasurer".

I I I I I I I I I TO BE COMPLETED 5Y THE SOMERSET COUNTY PLANNING COMMISSION


BY Parcel Number

SOMERSET COUNTY PLANNING COMMISSION 300 North Center Avenue, Suite 540

Somerset, PA 155011 (81 4) 445-1 544

ZONING APPEAL APPLIICATION

(Items 1-4 must be completed and aN attachments inciudedJ

1. Appeal from the order, requirement, dec:ision, or determination of the Zoning Officer made on:

(date) NOTE: ALL APPEALS MUST BE MADE TO 7”E ZONING HEARING BOARD WITHIN THIRTY (30) DAYS OF THE ZONING OFFICER’S DECISION.

2. Explanation of such order, requirement, decision, or determination: -

3. The aforesaid order, requirement, decision, or determination should be revoked, nullified, reversed, or overruled, as the case may be, for the following reasons (cite specific sections of the Zoning Ordinance or other law in support of reasons given): -

4. Name of Owner(s)

Signature of Owner I

Mailing Address -

Phone Number -

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5.

6.

7.

Name of Applicant (if different from owner) Signature of Applicant Mailing Address

Phone Number

Name of Representative Mailing Address

Phone Number

APPLICATION ATTACHMENTS - The following items must be included with your application:

a. Application fee of $250. Make check payable to "Somerset County Treasurer".

TO BE COMPLETED BY THE SOMERSET CQUNTY PLANNING COMMISSION


BY Parcel Number

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