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HomeMy WebLinkAbout95-07280CF;It'1'Il•'ICA'I'I+ ANU '1'ItAN:;MI'I"I'AI. OF' ItF:COItD IINI)F;It Ph.NNSYhVANIA Itllhl; OP ANPI•:LhA'l'P: PItOL'I:pllitli 19:11 (c_) 'I'o the hrothonotary of the Appell.rln Court to which t:ho within matkc;r has haen nppealeds COMMONWEALTII COUIt'I' OF PENNSYLVANIA 1'HE UNp[•;R`.iIGNF:U, I'rcrr.honoCary nt Lhe Cour.l. of Common E'Icas of CUMBERLAND____ County, the said court being a court of record, do hereby certify that annexed hereto is rt true and correct copy of the whole and entire record, including an opinion of the court as required by PA It.A.P. 1925, the original papers and exhibits, if any on Eile, the transcript of the proceudings, if any, and the docket entries i.n the following matters Case Noe. 95-2'196 end 95-7280 Civil Term; No. 1003 C.D. 1996 CAFFREY AUTO SUPPLY, INC. ANp KF;NNETN F'. CAFFREY, JR, VS. HAMPDEN 'COWNSHIP ANp HAMPDEN TOWNSHIP 7.ONING NEARING DOARU The docwnents comprising the record have been numbered from No. 1 to No. A95 _, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the appellate court is May 31, 1996 ___ `\ ~ , (Seal of Court) ~ e.i,,~n Prothonotary An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. RP,CORp RECEIVEp: pate; (signature & title) ('unununweuph of Pennsylvuniu ('aunty n1 cmnberlund Cosa No. 1003 C, Q. 199G }~~ In 'ff~tillMONY WHhRIi01~, I hove hereunto this ___._-'i't)irty-first ___..____ I, __. I,awrenro h:~ Wniker _. Prnthnnotury nl' the ('hurt of Common Plena in and Inr said Cnumy, do he«hy certify Ihut the Inregning in u lull. Irue and cnr«ct copy nl the whale record ul'Ihe case the«ht muted, wherein C~-tt~ r~Lti~rc>, hl))JE).I.Y,--1,)14, 1ll1_.- _Kst)))s5~h-i'.,._sat:frsY .._.1x.------- I'luintill, and Ilan c 'I'~w is i a d II_ .~n~rlen 1'r~wnFhif~ %onina Hertri, n_g___ Uo+~rc9 _~ _ I)efcndnnt , ns the some remains of rccnrd helots the said Court ut No. y6=.2796 7280 ~tf ___Ci_vil_.___ Perm, A.l). 19-. act my hunt and nllixed the seal of said Court dnyyf!-'~.Muy---^ A.I)..19~. I'nnbnnnwry ~_ I, -._.--.-11aIS)1SLl•L-,51~91.Y-------- I'«siJent Judge of the -•-~~tC We) k' Judidul District, compose) of the County of C'umberlnnd, Ja certify thm .i,flyl'rS. LT's. _~'~)p~~____ __.~__, by whom the annexed record, certilicnte and uuestution were mode and given, and who, in hk own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of C'ommnn Plcus of said County, was, ut the time of so fining, and now is Pnnhmu,tury fn and fur sold County of ___Cunttcrt anti - in the Cammanwculth of Pennsylvnniu, July commixsioned and yunlified w all of whose acts us such full faith and creJlt ore and aught to he given us well in ('hurts nl judicnure ns elsewhere, and tltm the suit record, certificate and mlesmtian ore in due form of low and n d~ by the proper ~off~icer, // ~ j .. "l C l.r~~c Vm+Wnm Aq Commonwealth of Pcnnsylvmtiu 1 ss. County of C'untbcrlund ) I, _ Gnwrence B. Welker ,________.._, Prnthnnouuyy of the Court of C'nmmnn Plcux in and for the snit County, do certify that the Ilnnoruhie _...____Ihtrold E.., Sheol. _,-- hy whom the foregoing attestation was mode. amt who has thereunto subscribed his Horne, was, nt the time of making thereof, and still is Presidem .lodge ul'the Court ul Cmm~wn I'Icns, Orphan' Court and Court of Quarter ticssions of the I'cucc in and far said County. duly Commissioned and yuulified; ut all whose acts ns such full faith and credit n« and ought to he given, m well in Courts of judicature us eluwhC«. IN llitiflMONY WIIERP.OP, I have hereunto act my hu td nlfixed the unl of said ('hurt thi+ _ l /•~ ~_ Jn uf -_ItfLt"Y/'_.._/I. An.I). I') `3('__. .:J4rJ ~~..L13.-I.Y~J~ 1 14 nlhunnid i+ '<, „ ~ ..._..T .~ .~... u--~-- ---- - - - -_ ~:.: -:~ -_ i . . _ 'i I ',, ti "I P u '~ ~ ~ ~ c ~ N ~ j a0 D4 n ~ ac o ~ u N M a ~ ~ ~ e ° a . a w ° ~ q z z ,} t ~r r', u ~, ~i ~, ~ ~ Q 'r ~ x ~ ~ ~S ~ ~ ~ Q 6 ' '; Among the Iteenrdn nnJ I'roeccdingn cnrnllcd in the court nl c'nnunnn Plen+ fn unJ (nr nc~ couNy of Cumber_lend_ __-____ fn the c'anannnweulrh of Pennnylvuniu Case No. 1003 L.D. 1996 rn Nos .~-2-72St_5.~~-Z2S}9_&IYS.I'1'cun. 19 _------ fn crrNUhud nc~ Inllnwing. Appearance -- I)OCKfT hNIRY COPY OI' ----...---- - ----~--- --- Caffrey Auto Supply, Inc. and Kenneth F'. Caffrey, Jr. vs. fiampden Twp. and 1lempden Twp. 'honing llcsring t)oard PAt;L~ ND. 1 - 2 4 25 26 - 34 35 - 37 35 - 45 46 - 49 50 - 51 52 - 154 155 156 - 162 tG i - 17R 179 ,, Case No. 96-2796 Civil perm May 23, 1995, land Use Aptxxal Pursuant to 53 P.S. 911001-A et, seq. Appeal o the Dearing board Decision of May 5, 1995, No. 9.`x02, filoci. Mey 23, 1995, Writ of Certiorari, issued. May 23, 26, 1996, Appellants' Petition for Slay of Gnforcarrent of Decision o the Hampden Township 'toning Hcar.ing Hoard Omer of May 5, 199~i, and Order, filed. AND N4W, this 26th day aE May, 1995, itt consideration of tl')e within petition, a Rule is issued upon the appellees to show cause why appellants' petition for stay of enforccunenC of the decision and order of the Hampden Township 7.oning Dearing Hoard of May 5, 1995, ought not be granted. This Ru returnable twrnty (20) days after service. In the rneantinre, enforcanent to stay. Dy the Court, Kevin A. Hess, .1. Jtaue 14, 1995, Praecipe to []nter Appearance and Intervene on behalf of Hampden Township, filed. The undersigned hereby appear for IiAMPD17J 'ICJWNSIIIP and, as counsel fo 'said Township, hereby intervene therein as an appellee. DY: Richard C. Snelbaker, Csq. June 14, 1995, Mswer of Harnlxlen Township to Appellants' Petition for Stay o Enforr-ement of Decision of the Hampden 'Cownship 7.oning Hearing Hoard order o May 5, 1995, and Rule to Show Cause Detect May 26, 1995, filed. Jtare 22, 1995, Appellants' Reply to New Matter of Hampden Township, filed. Jtu-e 22, 1996, Verification, filed. Aug. 18, 1.995, Hampden Township Reconi, filed. Nov. 2, 1995, Praecipe for [dating Case for Argument, filed. Nw. 14, 20, 1995, Motion to Strike land Use Appeal from Argwnent Court, and Order, filed. AND NOW, this ?0th day of. Novernber, ).995, a n)le is issued on the appellees to show cause why the relief requested in the within nntion ought not be granted. This rule returnable seven (7) days after service. Dy the Court, Kevin A. Hess, a. Nw. 27, 1995, Answer of Appellee Ilarnpden Township to Appellants' Mot. ion to Strike [,and Use Appeal Eran Arcpurx~nt Court arxl Rule to ShcnO Cause Issued Novanbcr 20, 1995, Eil.ed. Nrrv. 28, 1995, Order, filc~cl. In Re: Motion to Sr-tike Appeal Erc>rn Arcpm>ent Court. ANp NOW, this 2Hth clay of Novanber, 1995, the within nxrtion to strike appeal fr<un arcpunent court is DENlliD without pre;}tdi.ce to the npl)ellantr; to brief aril arcgu:, in connection with the .rrcpunent court. scttecluled for Deccuntx~er. `i, 199~i, their request that the dectsinn herein txr deforrai unLtl to itF txnrinq (oriel Ncwcvnlu•r I, I'P)5. PAG13 NU. 180 - 185 Dec, 1, .1995, Aplx!]Ln!tn' Reply to Naw Moller. Cnnl,rined in Il.unlxlen 'T'ownship' Answar to Mot Inn to ;ilrlkr. Lu!d llsr, Appc!al frrrn Argcmx!nt Cuur1, fil<xi, 186 - 194 Jan. 11, 1996, Mrswco: of Ihunlxlen 'I'rwmship to Arrlx!I Innts' Pr.t Ir ion fur Bt,,y n L•'n&rrcerrertt of Ix!cision of the Ilrmgxlen '1'ovau;hlp %nnhuJ Hearing lioarci Order n pecanber 6, 1.99`'i dad Rule lu Show Cnusr. Ikrtcxi Ik!~xyrdx!r 2H, 19'1!i, t i lctii. 195 - 198 Jan. 24, 199b, Aplxrl lartts' Reply to New Matter of Il~mgxiun 'T'ownship as C~n- tained in lts Anrsvmr Pu Ap;reilont.e;' Det.ition for Stay ul Knlon•cyrx!nL, filed. 199 - 200 Jan. 24, 1996, Praecikx_~, filctii. k>leasn attach the enclnecxi verlficnt:lnn executcsl by Alrlx!Ilank Kenneth ~. Caffrey, .lr. to Apfx!LlanL!s' Pecil:ion far. t;t;!y of k5rtnrccarx~nt in khc trlxwe rnstter. Hy: Rot~ert. I'. Claraval, Esq, 201 - 202 Flab. 'l, 1996, Other, I:ileci. ANp NOW, this 2nd day of I"ehruary, 1996, the pet:it.i.nn of Caffrey Auto Supply, Inc., and Kenneth F. Caffrey, ,)r., to consnlldate No. 9!'i-7200 and No. 95-2796, is GftAN1tiD. on 95-7280 appellant slutll file a brief Ln cttanhers within fifteen (1 days of this date. Appellee st>irll file a resFxmse brief in ct>iunhers within thirty (30) days of this date. 'That: case stwLl tx? decided without oral arqumenk. 'Ptte stay issued by the Ilnnorable J. Wesley Oler, Jr., on .lanuary 31, 1996, at No. 9fi-7280 is CON'I'INl1L•'D. The hearing sctudul.ed by ,hrdge Oler for April 18, 1996, is CANCGLLBp, 'this }edge will. decide the issues raised at both 95-7280 and 9~i-2796 and Che stay stv311 remain in full force until a resolution of those issues. sy the Court, liigar R. Hayley, .1. 203 - 215 Mazeh 26, 1996, Opinion and Order of Court, EilecJ. In Re: Land Use Appeals AND NOW, this 26th day of March, 1996, the orrier of the tlarnpden Towns Zoning Hearing poard dated May 5, 1995, which sustained the cease and desist order issued by the Hrvnpden 1'ownshlp Zoning Ofticer nn .lanuary 17, 1995, IS REVCRSED. Hy the Court, Edgar D. Dayley, .1. 216 - 219 April 18, 1996, Notice of Appeal, filed. Notice is hereby given that HJIMPDF3J 'I17WNSHIP, an Appellee in the ahoy captioned land use appeal, hereby appeals to the Crnrmnwea.lth Court of Pennsylvania from the order entered in this rr!r~tter on t+lorch 26, 1996. The Order was entered in both of the above referenced ackion/appeals after con- solidation by the Court. Sald Oxrier has been entered in the dockets as evidenced by the ottactxad copies of docket entries. Dy: Richard C. Sr:abaker, Esq. 220 - 224 April 26, 1996, Cannonwealth Court of Pennsylvania NoY.ice of'Cacketing Appea to No. 1003 C. D. 1996, filed. Case No. 95-7280 Civil Term 7.25 - 247 Dec. 22, 1995, Land Ilse Appeal Pursuant to ~i3 P.S. §11.001-A et, seq. Appeal. of the Llearing Doard [k!cision of December 6, 199~i, No. 95-06, filed. 7.48 Dec. 22, 1995, Writ of Certiorari, issued. 7.49 - 2Ci3 Dec. 22, 1995; Jan. 2, 1.996, Petit.ioner's Motion for L'onsol.ldation of 'I~> Land Use Appeals, and Rule, issued. AND Nc7W, this 2Ht:h day of December, 199~i, ,! Rule is herehy issued on Appellees why the Land Used Appeal of the dccesion of Che tlrunpden 'T'ownship 7.oning Hearing &x!rd dated May 5, 199~i, should not tx' r~onsol.idal:ed with the Land l)se Appeal of the lxcision of the Ii.unprien 'T'ownship 'toning (fearing pnard dated pecantx~r 6, 199~i. Rule returnable within 20 d~:rys of service. Dy thq court ,I. Wu!;Icy Oler, Jr., .I. Cusp Nan. 9Ei-7.796/72dU Civil Tarml No. 1UU:! C. D. 1.996 ~~~?. Noy ?.54 - 262 Dec:. 29, 1995, Aptxtilants' Detition for titny of Rnforecrrx!nt: of tk~cisinn of the H~mrpden '1'nwrtship 'tuning Ilenring Hcxtni c)t~ier nl' fkxsxnlxlr G, L99~i, and Ottier of Court , f i Icx1. ANII Nc7,n1, thisl.Hth day of I><!cnnkter, 1995, ulr.m cnnsidernffon nE Apfr1- Lmtta' Pet it ion I•'ur Stay of f.nforcrxtxmt of Ik~c~isiun of the Il.mrlxien 'Township 'lnning Ileori.ng I4tani Oniar of lk!~s~ntx~r G, l99''i, a 18t1u in herc!by PlSUF;II upon the Appellee to show cause wtty the rel ief requesl:ed should nut Ix! yrartted, Rl)L,l•: R@7I1)RNN7L[; withlrt 10 days of service. Hy khe Court, .I, Wesley Olcr., .Ir., ,1. 263 - 2'71 Jen. 16, 1996, Answer of IlanExien 'I'owrtship to Aptx!LLmts' Petition for Stay of L•'nforccattent of l>LCision of the Ihvnpden 'Township Coning Hearing I?oanl Order of Decettber G, 199!'i, and Itule to Show Cause Dated lk?ccantx!r 2H, 1995, filed, 272 - 391 Jurz. 18, 1996, 'Township Recozxi, Eilecl, 392 - ;96 Jan. 22, 1996, Answer of 1)tunpden 'I'owrtshlp to Petitioners' Motion Eor Consoli- dation of 'l1w [.end llse Appeals and Rule to Show Cause Iktted Ik!cemtter 2H, 1995, filed, 397 - 47L Jan. 22, 1996, 't'ranscript of Proceedings of ''/,oning hearing Ikwrd, filed, 472 Jan. 31, 1996, Ocxier of Court, filed. AND NOW, this 31st day of January, 1996, upon wnsidernt:ion of Appellants' Petition for Stay of Enforccxttent and Motion Eor Consolidation of Land Use Appeals and of the Answrrs Elled in response thereto, a hearing is SCIIEDULGD Eor Thursday, April 18, L99G, nt 9:00 a.nt., in Court.rcxxn No. 'i, C:unkx!rland County Courthouse, CarLislc, Pennsylvania. Hy the Court, J. Wesley Oler, Jr., J, 473 - 474 kleb. 2, 1996, Order, filed. AND NOW, this 2nd day of February, 1996, the petition of Caffrey Auto SuI>[aly, Inc. orxi Kenneth F. Caffrey, Jr. to consolidate No. 95-7280 and No. 95-2796, is GRAN'I'GD. On 95-7280 appeliont shall. file a brief in cttarnbers within fifteen (15) days of this date. Appellee shall. file a response brief in cltrvnbers within thirty (30) days of this date. 'That case sttal.l tx! decided without oral argwnent. Ttte stay issued by the Honorable J. Wesley Oler, Jr, on January 31, 1996, at No. 95-7280 is CON'CIMIED. 'The hearing scheduled by ,lodge Oler for April 1H, 1996, is CANCELLED. 'T'his j:xige will decide khe issues raised nt bath 95-7280 and 95-2796 and khe stay stu-tll remain In full force until a resolution of those issues. ay the Court, [agar. H. Bayley, J, 475 - 487 March 26, 1996, Opinion and Order of Court, filed. In Re: Land Use Appeals AND NC2,J, this 26th day of March, 1996, Che order of the Hanttxicn Township 7,orting Hearing Hoard dated May 5, 1995, which sustained the cease and desist order issued by the Hcvnlx9en 'township Toning Officer on January I-7, 199~i, IS RE~/ERSED. Ely the Court., Eklgar. H. f3.iylcy, ,I. 4HH - 490 April 18, 1996, Notice of Apttea.l, flleci. Notice is hereby given that H1N1PDIiN 'Itk!(JSHIP, an Appellee in the alxwe capkianed larxi use appeal, herchy aplx!aLs t:o the CrxntxmweaLth Court of Pennsyl- vania faun the Orxier entered d[n thir, n>ataer on Macch).G, 1996, The Orxier was entered in both of the atxrve referenced actions/appeals after consolidation by the Court. Said Orxler has t>Len entered .in the dockets as evidencal by the. at.tacttcd copies of dcx:ket entries. ISy: Richard C. ;nelbnkar, Er;cl. 49l - 49'i April. ?.6, 1996, Ccxmxx:wenlth Court nt I'A Nut irr cil Ik!rknt inq Algx~al to 10(14 C. h, I't's i~si~9b CAFFRBY AUTO SUPPLY, INC. t and KENNETH F. CAFFREY, JR., c Appellant t s v. t s RHMPDBN TOWNSHIP and c HAMPDBN TOWNSHIP ZONING s HEARING BOARD, t Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95••7280 CIVIL TERM }} ORDER OF COURT AND NOW, this 3~~1 day of January, 1996, upon considerntion of Appellants' Petition For stay of Enforcement and Motion for Connolidation of Land Use Appeals and of the Answers filed in response thereto, a hearing is SCHEDULED for Thursday, April 18, 1996, nt 9s00 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 Attorney for Appellants Richard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Hampden Township Saidis, Guido, Shuff 6 Masland 2109 Market Street Camp Hill, PA 17011 Attorneys for Zoning Hearing Board c') ~h 4` .'~ 'S1 ~t~: ~.J ..j ,S •i ~ cd "'C3 ` .~ ^; `'' u~ •. ; :~ . ~~ . ~~ f~ src BY THE COURT, CAFFREY AUTO SUPPLY, INC, and KENNETH F, CAFFREY, JR., Appellants v, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees t IN 9'HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 1995 . r /~ /~,1 `fi O C..GGe.~ ~ .., LAND APPEAL OF THC REAR NG BOARD DEC SION t. scy. OF DECEMBER 6, 1995, No. 95.06 PARTIES -, The Appellant Caffrey Auto Supply, Ina is a Pennsylvania Corporation with its place of bus[ness located at L l0 Sporting HIII Road, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. Z, The Appellant Kenneth F. Caffrey, Jr. is an adult individual and the owner of Caffrey Auto Supply, Ina 3, The Appellee Nampden Township Is u municipality organized and existing under the laws of the Commonwealth of Pennsylvania with its office at 230 Sporting HIII Road, Mechanicsburg, Hampden Township, Cumberland County, Pemtsylvanln. 4. The Appellee Hampden Tuwttship Zoning Hearhtg Board is a zoning hearing board allegedly constituted under the ordhmnces of linmpden Township to hear hearing nppaals from decisions of zonhtg officers of Hampden Township. JURISDICTION S, This Court has Jurisdiction to hear this appeal pursuant to 53 Pa.C.S. 4~1101- A et. BCQ. 6. Caffrey Auto Supply, Inc.'s primary business is to supply automotive supplies to automobile dealers. The business deals only with automotive dealers and not the general public. 7. Caffrey Auto Supply in March 1987 properly applied for and received a "certificate of use" issued by Hampden Township. B. In March 1987 the zoning for Caffrey Auto Supply, Inc, was C•G (Commercial•General). 9. In January of 1992 Caffrey Auto Supply followed the necessary procedures and steps required by the Pennsylvania Department of Transporratlon and the Bureau of Professional and Occupational Affairs to secure an automobile dealer's license pursuant to Title 67, Chapter 43 of the Pennsylvania Code and b7 p.S. 453, et, seq. l0. The procedures requ6~ed by the licensing authorities were specific, derailed, costly and voluminous, Nevertheless, Caffrey Auto Supply complied with enclt of the requirements and was issued a Dealer's License to sell and wholesale automobiles. One of the requirements was to demonstrate "proof of proper zoning for vehicle sales" and Caffrey Auto Supply produced acceptable proot' of the zoning, i.e. C-G zone. 11. Caffrey Auto Supply began to sell automobiles almost exclusively in a wholesale fashion (i.e. to automobile auctions). Caffrey Auto Supply would sell at retail less than a handful of cazs to the general public per year. 12. The retailing and wholesaling of cars was a permitted use in the C•G zone in which Caffrey Auto Supply was located in Hampden Township. 13, The only requirement in existence ht 1992 of Humpden Township for Cnffrey Auto Supply to conduct business as att automobile retalier/wholesnier was that Caffrey Auto Supply obwitt n Certificate of Use. l4. There is no question that as a matter of law and fact Caffrey Auto Supply would have received a Certitlcate of Use from Hnmpden Township It' Caffrey Auto Supply had made application in 199? or 1993. 1S. No official from Ftampden Township ever advised Mr. Caffrey or any of his representatives that a new Certitlcate of Use was allegedly required because of the automobile retell/wholesale business in which Caffrey Auto Supply was minimnlly engaged. l6. No application for a Certificate of Use was made by Caffrey Auto Supply because the owner, Kenneth F. Caffrey, Jr., did not realize that one was required. l7. Mr. Caffrey testified at the Zoning Hearing Board that since he had already obtained a Certificate of Use for the automotive supply business and since automobile retail/wholesale use was a permitted use under the C-G zoning ordinance, that he believed no additional Certificate of Use was required. it3. Mr. Caffrey, together wide Kenneth J. Hartzell, had prepared the necessary documents to secure cite dealers' Ilcense without the nid of counsel need were unaware of the requirement for n Certitcate of Use it' n use was made of the property other than was specified in the original Certificnte of Use. l9. In December 1993 Hnmpden Township chnnged its zonhtg ordinances for the wren in which Caffrey Auto supply was located to C-L (Commercinl-LDnited District). 20. As of December 1993, Caffrey Auto Supply's use of the property es an automotive dealership became nnon-conforming use. 2l. The zoning ordinances of Hampden Township require that non-conforming uses be registered by township officials. 22. No township official contacted Caffrey Auto Supply or attempted to register the non-conforming use from December 1993 to January 6, 1993. 23. Caffrey Auto Supply was permitted by Hampden Township to operate an automotive dealership without an additional or amended Certificate of Use from January 1992 to January 6, 1993. Caffrey Auto Supply was permitted to operate as anon-conforming use from December 6, 1993 to January 6, 1993. 24. Even though Coffey Auto Supply had Inadvertently through mere oversight not secured a Certificate of Use for an automotive dealership, the Appellees Hampden Township and Hampden Township Zoning Hearhtg Board finally through a zoning officer on January 6, 1995 htstructed Caffrey Auto Supply to cease and desst from operathtg as an automotive dealership. 25. An appeal to the Hampden Township ?.otting Hearing Board was taken by Caffrey Auto Supply. The Hearing Board upheld dte decision of the zoning oftlcer issuing a cease and desist order. An appeal of that decision is pending before this Court and Is docketed No. 95- 2796. 26. In that decision the Zoning Hearing Board wrote, at page l t, "Ir, might be that the applicant can continue the wholesale nature of his business by making proper appl[cation to the Township and identifying the nature of the wholesale operation and the location of the vehicles, although this shall not be construed that the Zoning Hearing Board agrees that this would be a proper use." 27. Kenneth F. Cafliey, Jr, accepted that invitation and applied to the Township for a Certificate of Use for the premises to sell automobiles. ~,~ 28. The Township denied the application and Kanneth F. Caffrey, Jr, appealed to the Zoning Hearing Board. 29, By its decision doted December b, 1995 the Bonrd ~{a~-y determined tlutt it did not have the authority to overturn the decision of the zoning ot'ficer. A copy of that decision is attached as Exhibit "A." 30. In its decision the Bonrd discussed two Tines of cases pro and con the position taken by Mr. Caffrey. 3l. More importantly, the Board found as Finding of Fact Number l2 "The applicant was unaware that the zoning had changed so as to prohibit the sale of vehicles from his lot." And, at Finding l3 the Board wrote "The applicant never applied for a Certificate of Nonconformance nor did the 2nning Officer reglct r h anpl[cant't b ~chteKa s a nnnconform[na 11SG. 32. By its inaction in failing to follow its own ordinance which required the Township to determine whether businesses are incompliance with existing Certificate of Use and to register non-conforming uses (Ordinance 2007), the Appellees arc guilty oflaches and are therefor estopped from issuing a cease and desist order. 33, The interests of justice, fairness and equity require that Hampden Township Issue to Caffrey Auto Supply n Certit'icute of Use for an automobile dealership and to register ft as n non~confortning use. WHEREFORE, Caft'rey Auto Supply, [nc, and Kenneth F, Caffrey, Jr. move this Honorable Court for nn Order compelling Hampden Township to permit Caffrey Auto Supply to apply for a Certificate of Use under the existing zoning ordinance prior to ft amendment in DScember 1993 and to Judge that application based upon the standards of the ordinance before it was amended Respectfully Submitted, Date: ~ZIZ1 4~ ADLER &CLARAVAL ROBERT F. CLARAVAL, ESQUIRE t23 Locust Street P.O. Box l 1933 Harrisburg, PA 17108-1933 (7l7) 233-4780 Supreme Court IDp 19222 Attorney for Appellants CAFFREY AUTO SUPPLY, INC, and KENNETH F. CAFFREY, JR., Appellants v. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING HOARD, Appellees IN'fHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 1995 hereby certify that I have this day served a true and correct copy of the attached Land Use Appeal Pursuant to 53 P,S. X11001-A, et, seq., Appeal of the Hear[ng Board Decision Of December 6, 1995, No. 95-06 by first class mail, postage prepaid, addressed to the follow[ng persons: R[chard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA 17055 1 (Attorney for Hampden Twp.) Date: ~~'I a~ ~~ Saidis, Guido, Shuff 8: Masland 2109 Market Street Camp Hill, PA 17011 (Attorneys for Zoning Hearing Board) ADLER & CLARAVAL By ~~~~ . ~~.~a99.1.c~ DENISE I. WILLIAMS, Secretary For Robert F. Claraval ..__.._ -r-v ._...._~_ _ . _._~.__. OPINION 0- TH6 ZONING HEARING lOARD OF HANPDEN TONNOHIP CUNHEALAND COUNTY, PENNSYLVANIA ~. SAD)19, GUIDO, SHUl7 • MA9LAND i t 101 MrYw Sena Gny HW. M „r APPLICANTt CAFlREY AUTO SUPPLY, INC. LOCATION Of PROPERTYt 110 BOUTS BPORTIN6 HILL ROAD MECHANIC60URG HAMPDEN TONNBHIP ONNERa CAIPREY AUTO BUPPLi, INC. DOCKET NUNBERt 9d - 06 ~. NAMPD6N TONNBNIP ZONZNO NLARxNO BOARD IN T$E MATTER OPt CAPPRtY AUTO BUPPLY, INC, This case comes before the Hampden Township Zoning Henrinq Board pursuant to provisions of Part 21 of the Hampden Township Zoning Qrdinance, Ordinance No. 84-2, as nmended, appealing the decision of the Zoning Officer in refusing to ~ issue n Certificate of Use for the sale of motor vehicles on the epplicant~s premises. Pursuant to notice duly given as required by the provi- sions of the Zoning ordinance, a hearing was held before the Hampden Township Zoning Hearing Board at the township building at 230 Sporting Hill Rond, Mechnnicsburg, PA at 7:30 on Wednes- day, November 1, 1995. In accordnnce with the provisions of ~~ .the Zoning Ordinance, notice of the heerinq was given to the applicant, the Zoning officer, to any persons requesting notice, and public notice was given in the manner prescribed by the Municipalities Planning Code, the Hampden Township Zoning Ordinance, and the rules of the Board. SAIDL4, GUD)O, SRU!'!'A The record o! this cese consists of the original appli- MASLAND =iQy~.,s,,.,, cation, a record of the proceedings of the henrinq of November Cwy HIU, M 1, 1995, end exhibits introduced by the applicant at the evidentiary hearing. 2 1 ~ F2NDTNGB O! R11CT The 13onrd makes the following findings of facto 1. Caffrey Auto Supply, Inc,~Ken Caffrey is the owner of prop-erty known as 110 South Sporting Hill Road, Mechanicsburg, PA. ~ 2. Said property is improved with a building and is located in a Commercial-Limited Zone. 3. The applicant originally was using the property es an auto supply business pursuant to a Certificate of Uae issued by the township in 1987. 4. Since 1987 the applicant has been detailing care within the building located on said lot. rr l,. 8. In 1992 the applicant began to sell cars from the lot pursuant to a license which was issued by the state. 6. Prior to December 7, 1993, the applicant's property was located in a Commercial-General Zone. SAIDIS, GUmO, SHU11r~ INASLANU 7. Tha sale of motor vehicles is permitted in a tio~~ Commercial-General Zone under S1203-17 Crn~ XA6 M . 3 8. On December 7, 1993 the zoning Ordinance was C, sAmrs, cumo, stltcr~ m nins~ANn 3109 Mrtn Suet Cony HIII, M amended to create a new zone for certain arena, including the area in which the applicant's property is located, designating it Commercial-Limited, clew na a permitted use in said zone, 9. The applicant's use of the property gradually evolved from an auto parts business to include salsa at retail of automobiles and, more recently, the wholesale salsa of automobiles, 10. Only a few vehicles which are for sale are stored on the exterior of thR premises, and the state's automo- bile sales license is posted in the window of the premises. the township to change or to expand hie use from the use indicated in the 1987 applicntion until September of 1995, after he had been notified by the township to cease and desist the sales of automobiles from the premises. 12. The applicant was uneware that the zoning had changed so as to prohibit the sale of vehicles from his lot. 11. The applicant never filed an applicntion with 13. The applicant never applied for a Certificate of Nonconformance nor did the zoning Officer register the appli- cant's business ne a nonconforming use. and not including sales of motor vehi- 4 14. There are 23 or 24 parking spaces presently lined oEf on tho exterior of the premises, but 40 or b0 vehi- cles could be stored inside the building. 15. The vehicle sales operation is primarily whole- sale by the purchase of cars at auto auctions, reconditioning and repairing them inside the building on the applicant s property, and the resale of them at a subsequent auto auction. 16. The relief requested by the application is an appeal from the decision of the Zoning officer refusing to issue a Certificate of Use for the sale of automobiles from the premises. CONC,,~,ySION3 OF LAX 1. The matter is properly before the Hampden Town- C, ship Zoning Hearing Board, proper notice having been given to nll interested parties and the Board having jurisdiction to henr the nppenl. 2. Under the provisions of S2101.2 of the Zoning SAIDIS, GUIDO, SBIl1F1- & MASLAND 1109 Mu1W SY~eI c.mp wn, r~ Ordinance, the Zoning Hearing Board mny hear end decide appenls where it is alleged by the applicant thnt the Zoning Officer has misinterpreted or misapplied any provision of a valid Zoning Ordinance. 5 3. The current zoning Ordinance ne last revised on December 7, 1993 changed the zone in which the applicent'e property is located to a new zone designated Commercial-Limited and did not include the sale of motor vehicles ne a. permitted use in that zone. 4. Whila the applicant could have obtained a Certif- icate of Use for the sale of motor vehicles from hie premises prior to December 7, 1993, he failed to do so. 5. Applicant's failure to obtain n Certificate•of Use prior to the change of the ordinance on December 7, 1993 renders the applicant's use of the property for the sale of SAID(S, GUmO, SHUPT ds MASLAND t 101 Mulrn su.e c.mv Hui, r~ motor vehicles as an illegal, nonconforming use. 6. The fact that the applicant could have received a Certificate of Uee prior to the change of the ordinance and could have registered the property as a lawful nonconforming use dose not now entitle the applicant to a Certificate of Uee. • 7. The decision of the Zoning Officer in rofueinq to issue a Certificate of Uee was correct and the Zoning Henrinq Board hee no authority to overturn his decision. 6 .~ ii~ ~ . The mettgr before the Board involves the same issue decided by the Board on May 5, 1995 in Appeal No, 95-02. The difference in that proceeding from the one presently before the Board is the fact that the applicant has now applied for a Certificate of Use and the Zoning Officer has refused to issue the certificate) whereas, the original appeal was an appeal from the Zoning Officer's issuance of a Cease and Desist Order. While the cases are procedurally different, they are factually the samo. Tho troubling aspect of this case is that, at the time the I SAIDf9, GUIDO, SB;LJ6B ~ MASLAND 11oV Moka Su.K ago xui, ra applicant began hie challenged use of the sale of motor vehi- cles from hie premises in 1992, it was a use permitted in the zone in which his property was located and he could have received a permit. If he had applied for a permit in 1992, a permit would hove been issued and his continued use of the premises after the December 7, 1993 amendment could have been registered ns a lawful nonconforming use. The difficult question which the Board must decide is whether the applicant's failure to apply for a Certificate of Use (to which he was entitled) end hie !allure to register a nonconforming use in 1993 were ministerial acts which can be corrected by his 7 SAIDIS, CUIDO, SHUFF & MASLAND 2109 NrYn Oust Came NUI, PA belated application in September of 1995, or whether his failure to file a timely application effectively bare the door to the issuance of a permit ae a nonconforming use for the continued sales of motor vehicles from the premises, The Board must first answer the question of whether or not the sale of motor vehicles from the premises was a lawful nonconforming use on December 7, 1993. If it was lawful at the time of the enactment of a change in the ordinance it may be continued under the provisions of $2002 by securing a Cortifi- cate of Nonconformance, The applicant argues that it was n law ,t use, even thought it was unregistered, and the township, in opposition to the applicant, argues that it cannot be a lawful use unless it was registered in accordance with the ordinance. In that regard $2109.2 provides that: No vacant land shall be occupied, used or changed in use, and no building or struc- ture hereafter eructed or structurally altered shall be occupied, used or changed in use until a Certificate of Use shall have been requlnrly issued therefor by the Zoning Officer or his duly appointed repre- sentative, According to this provision, no use of property is law ,~ under the 2oninq Ordinance until a Certificate of Use has been issued, Section 2002 relntinq to the registration of nonconforming uses provides: 8 _ . ~ ii, The owner of the premises occupied by n lawful nonconforming uee or building oxist- ing at the effective dote of this Chapter shall, within ono (1) year of the effective dote of this Chapter, report to the Zoning Officer the information neeesenry for the registration of such nonconformance under Section 2007 of this Part and shall secure e Certificate of Nonconformnnco for the purpose of insuring to the owner the right to continue such nonconforming building or use. SAII1l3, GUIDO, SHIJF'E ~ h1ASLAND ::o+td.~t« suM~ c,mo w::, r~ Applicant argues that it was the duty of the township Zoning Officer to identify nonconforming uses ae of December 7, 1993, end the applicant ought not to be penalized on account of the Zoning Officer's failure to list hie property as a noncon- forming use. He bases this argument on 52007 which provides: The Zoning Officer shall identify and req- ieter ell nonconforming uses and structures with due diligence. He shall maintain for that purpose n file, reflecting, for each nonconforming use of structure, the name and addresses o! all persona having nn ownership or promissory interest in the property, a description of the property, its location, its zoning classification, n detailed description of each nonconforming uee and structure, the manner in which it is nonconforming, the date end n detailed description of each alteration, restora- tion, reconstruction, change, extension and enlargement, the date of any abandonment or discontinuance, the date of issuance of each certificate of nonconformance and any other pertinent information. The provision in question found in 52007 of the Zoning Ordi- 9 nonce is ineptly worded in that it does appear to place the burden of identification and registration of nonconforming uses on the Zoning Officer. Since this would be an almost impossi- ble teak, the only reasonable construction of this section is that the Zoning Officer shall register nonconforming uses which are brought to hie attention by the property owners on forms to be provided by the Zoning Office. Although the wording of this section can be found in many ordinances throughout the Common- ' wealth, a change in the wording of this section is grist for the legislative mill. Tha Board's research has disclosed varying decisions on SADDI3, G[TIDO, SHUf'R di MASLAND 2101 Mrta 3uac cN,1 xui, n+ the question of whether a use which is lawful, but unregis- tered, can continue ae a nonconforming use after a change in the ordinance. On one hand, we have the decision found in McGeehan v. Zaninq Hear nr* Rnwrri n• Sprinaiield, 407 A.2d 56 (1979) which held that the lapse in the proper licensing of a junk yard was not diapositive of that use's status as a noncon- forming use. On the other hand, we have the decision of ~~,ehnik v. HemCf~wY~ T~W~wti;~, 402 A.2d 318 (19')9) which held that where a property had not been licensed as n junk yard prior•to the time when zoning regulations were passed which prohibited junk yards, could not be qualified as a noncon- forming use. 10 in 529 A,2d 1228 (1987), the court held thaL•t Here there is no question that the owners actually used their property as a personal care residence prior to 1982. The critical question ie whether that was a lawful use. This court has held that an existing ille_ g~ use cannot form the basis of n valid nonconforming use. Hauser v. Catasaoua Zoning Hearing Boq~, 20 Pa. Cmwlth 313, 341 A.2d 566 (1975), C SAm13, CUmO, SNUFF d~ MASLAND 1101 Mrk~ l~a+ c,mlem.v~ Does this mesa that in order to be a lawful use, even though it was a permitted use at the time it occurred, the property owner must have boen issued n Certificate of Use? According to Pfeffer v. Hopewell Towneht~, 431 A.2d 1149 (1981), apparently a Certificate of Use ,ig required to make a permitted use a lawful one. In the Pfeffer case, the township sued to enjoin the practice of outdoor storage, charging that it violated zoning provisions requiring setbacks, regulating junk yards and the storage of discarded materials. The court, citing Muncv ~4rough v. Stg~, 440 Pa. 503,507, 270 A.2d 21?,215 (1970) said that the Hopewell Township 2oninq Ordinance provided for the registration of nonconforming uses and that the appellants had never registered their sales yard. The court went on to say: 11 ~ .. . Having failed to avail themselves of the nveilnble administrative means of setnb- liehing that their nonconlorming use wag lawful, the appellants nre barred from defending en action to require them to conform to the use regulation on this ground. If the decision in Pfeffer v. Hooewe>> can be considered ' the law on this issue in the Commonwealth of Pennsylvania, ahd in zoning cases it is often difficult to say what the law is, then it would seem that the decision of the Zoning Officer was correct in refusing to issue the permit and the Bonrd has no nuthority to overturn hie decision. Dnte; December 6, 1995 \. 9AD)I8, GlJlDO, SNU/B~k MA1LAlYp 11w Mrrw dn+a Cn~ HW. M 8AltPDEN TONN38IP ZONING BEARING 80ARD By; John Holland, Chairmnn Sy; Dalo Stipe -' By; Eugene Baldwin Bye John MCAtse By: Daniel J. Flint 1T f , .~~ Caffrey Auto Supply, Inc. and Kenneth F. Caffrey, Jr. VS. Hampden Township and Hampden Township Zoning Hearing Board t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.95-7280 C I V I L TERM19 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) . SS. COUNTY OF CUMBERLAND) TO: we, being willing for certain reasons, to have certified a certain action between Caffrey Auto Supply Inc and Kenneth F affrPV, 7r and Hampden Township and Hampden Township Zoning Hearing Board pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our Court of Corrunon Pleas at Carlisle, within 20 days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, the Honorable our said Court, at Carlisle, Pa., the 22nd day of December 19 95 L Prothonotary L ~ ~ ~ .~ ~ ,- ~L~ C,~ UNITED STATES POSTAL S {CE ,, ~ . e.U ~,. ~- A , a_- p ~ y d _. Official Business ~ ~ PENAJ,IY-FC)R RRIVATE ' Z ~~ - - ~ ~ USE TO AVOID PAYMENT jr -!G, OF POSTAGE, $300 Print your name, address and ZIP Code here • Prothonotary Office ' Cumberland County Courthouse 1 Courthouse Square ~" .Carlisle. Pa. 17013-3387 .~x'. ~trl~It-!lt11~li!}ii~1ili~itililii~li~itiii~!!#I~liiSiili~4iii~ P 242 3~+6 914 Q7 C 7 '7 0 Q f' ~~:ceipt for ' - Certified 1ltlaii No Insurance Coverage Provided Irv Do not use for international Mail ~~«~~~~~~~~~ iSee Reverse) Ham den Tavnshi & den Zonin Hearin ~z~~0' ~~Sporting Hill Road Mechanicsbur Pa. 17055 ~,,,~ , $ .,;,.. _ . rs,.wr.~ Hr-r. rn ~ n,r r ....u ~ n _ir= (i.~;~-~~~. .. i ~.~ ~~. ~. ~ i ...r. ~ i ~ ~I.i~ i I~ 1 i & F le ~ ' ~, r - ! ''! CAFFREY AUTO SUPPLY, INC. and KENNETH F. CAFFREY, 1R., Petionera v. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. I99S pF.T[TIONER'S MOTION jrQ$, CON50LIDATION OF TWO LAND ~iS . AF-~ PpEAIS The Petitioners are Caffrey Auto Supply, Inc. and Kenneth F. Caffrey, Jr. 2. The Respondents arc Hampden Township and the Hampden Township Zoning Hearing Board. 3. A Land Use Appeal was filed by Petitioners Caffrey to a decis[on of the Respondents dated May 5, 1995 ordering Petitioners to cease and desist from a certain use of the premises. That matter was briefed and argued before this Court on December 6, 1995. 4. On December 6, 1995 the Hampden Township Zoning Hearing Board issued a second opinion denying Petitioners Caffrey's previously tiled application for a Certificate of Use for the premises. ~~ , i~ it ,` ~ ~-, 111° It., N S. That decision by the Board has been appealed to this court by a second ,, Land Use Appeal (fled on December 22, 1993. Simultaneously a Petition for Stay was filed , 6. It fs obvious that theso issues ere related and should be decided by the Coun at one time. Therefore, It is respectfully requested that the Court consolidate the two matters for decision. WHEREFORE, Petitioners Caffrey moves this Honorable Court for an Rule to chow cause why the above matter should not be consolidated. Respectfully Submitted, ADLER & CLARAVAL Data: ' 2 By ' L~L/~+~ RO RT F. CL RAVAL, ESQUIRE 123 Locust Street P.O. Box l 1933 Harrbbur8, PA 17108-1933 (717)233-4789 Supreme Court I.D. N14222 Attorney for Petitioners , `r {Al Ear 1 + ~F r i r q ~ ~ r'. ,'~ i +/ ~~ Jrlr r , ~'~•, 1r~ ' CAPFRBY AUrI'O SUPPLY, INC. ~~ ~, ~ ~~ and KBNNBTH F. CAIFFRBY, J)t., 'i!,'„ ~ Appellanu ~r; , ji ' V. ~'' HAMPD~N TOWNSHIP and '' HAMPDEN TOWNSHIP ZONINO ,~ HBARINO BOARD, Appellees ~ rr;'~ ' ~ I ~„ ~' ;~,, I 1 hereby certify that I t~.~`.; i~,` ''-' • Ptaitiotter's Motion for For Consolidat ,, ''''. prepaW, addressed to the fallowing ;,',,', i,, F'' ~ i'„ , Richard C. Srolbaker, Esq. ;' :, 44 Wat Mafa Street "' Mechan[cebtuB, PA 17055 ,~ ~ (Attormy for Hampden Twp.) f .. '~ Date:._Jrtl~ :1~-_ ~ t ~ 1 1 i~ IN THB COURT OF COMMON PLBAS ' c CUMBERLAND COUNTY. PBNM$YLVANtw N0. 1993 ty ~ ~ have this day served a true and correct copy of the attached ion of Two Land Use Appeals by first class tna[I, pataSe persons: Sa[dis, Qu[do, Shoff dt Masland 2109 Harlot Street Camp Hill, PA 17011 (Attorneys for 2onL>Q Hearing Bead) ADL~jER ~ CLARAVAL By. 1~ ~ ~I~~~L`~C_`~'+ DENISE I, WILLIAMS, Secretary For Robert F. Claraval CAFFREY AUTO SUPPLY, INC. and KENNETH F. CAFFREY,IR., Appellants v. HAMPDEN TOWNSHIP end HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 1993 APPELLANTS' PETITION FOR STAY OF ENFORCEMENT OF DECISION OF TILE HAMPDEN TOWNSHIP ZONIIVG , HEARING BOARD ORDER OF DECEMBER 6, 1993 1. Caffrey Auto Supply, Inc. seeks an Order of this Court staying enforcement of the Hearing Board's Decision of December 6, 1993 until this Court has decided on the merits Appellants' Appeal. 2. Under 33 P.S. L1003-A, Appellant may petition for a stay pending an appeal on the merits of a zoning decision. 3. The standard by which the Court may determine if a stay is justified is found in psgpsylv~{,nia Public Ut[ijly (`nmmicaion v Proce`s Gas ('onaamera Groun, 302 Pa. 545, 467 A.2d 803 (1983). 4, It is reapxtfully submitted that the instant appeal and petition fall squarely ' under Prncees Ctaa far the Yollowing reasons: a) The appeal tiled by Cat'frey Auto Supply makes a strong showing that Cnffrey Auto Supply la likely to prevnfl on the merits; b) Caffrey Auto Supply will suffer irreparable injury if the rel[ef fa not granted; c) Hampden Township will not be substantially harmed by the issuance of the stay; and d) No other public interest will be harmed by the issuance of the stay. IRREPARABLE INJURY S. The irreparable injury that Caffrey Auto Supply will suffer if the stay is not granted is the loss of its license as an automobile dealer. i • ~ . • ' ~ . i~ 6. Thera aro numerous rcquircmenta set forth at 67 P,S, pS3 et, seq, and Title 67 Pe, Code Chapter 43 with which an automotive dealer must comply in order to trulntaln lts dealer's iice~iae. 7. If the Township's decision is not stayed then Caffrey Auto Supply will not bye able m past its dealership signor park the limited number of cars it has for Bale in front of its building, thus violating two of the requirements for its dealer's I[cense and resulting in Penn Dt7f removing Caffrey Auto Supply's dealer's license permanently, 8. Should Caffrey Auto Supply then prevail on its appeal of the Zouing Hearing Board's decision the victory would be hollow because without the dealer's license the "use" would be gone. LACK OF SUBSTANTIAL HARM 9. Clearly, Hampden Township will not be harmed if Caffrey Auto Supply cont[nuea in [ts current use pending this appeal. 10. Per the Hearing Boerd's decision of December 6, 1995, township off[cials were not even aware of the additional use of the property fo[ a pe[fod of almost three years. l 1, Moreover, both parties agree that rite use is minimal in that the sign for sale fd barely visibly from tha road end the number of cars parked In front of the building b tan (l0) or less, NO EIARM TO TFIE PUBLIC l2, There was no public testimony at the zoning hearing board. fn fact, the entire matter was instigated by a township zoning oft7cial without receipt of any complaint from the public. 13. Moreover, the use of rite premises involves wholesale salts to automobile auctions and little if any sales to the public (i.e. one retail care sold this year), CONCLUSION 14, The issuance of a stay will neither adversely affect the township or its citizens. But, the refusal to Issue a stay will result in Caffrey Auto Supply losing its automotive dealership franchise permanently, whether or nat Caffrey Auto Supply ultimately prevails on the merits of its appeal. l5, This Court has already Issued a stay In the companion case filed to 95.2796 Civil Term, A stay fn tltia matter will preserve the status quo pending a final decision on the merlq, WHEREFORE, Appellants move this Honorable Court for an Order sutyfng enforcement of the decision oY the township zoning officer and the Hampden Township Zoning Hearing Board and further action by the Township Zoning Hearing Board until the issues are finally resolved by the Court. Respectfully Submitted, ADLER &CLARAVAL oar: ~~_ . _ yROBERT F. CLARAVAL, ESQ IRE I25 Locust Street P.O. Box t 1933 Harrisburg, PA 17108-1933 (717)233-4780 Supreme Court IDII 19222 Attorney for Appellants CAFFREY AUTO SUPPLY, INC, and KENNETH F. CAFFREY, JR., Appellants v, HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO, 1995 (_ERTIF[CA1,~ OF SERVICE 1 hereby certify that 1 have this day served n true and correct copy of the attached Appellants' Petition fur Stay of Enforcement of Decision of the Hampden Township Zoning Hearing Board Order of December 6, 1995 by first class mail, postage prepaid, addressed to the following persons: Richard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA 17055 (Attorney for Hampden Twp.) Date: 1~-~~1 ~~GJ Saidis, Guido, Shuff & Masland 2109 Market Street Camp Hill, PA 1701 l (Attorneys for Zoning Hearing Board) ADLER & CLARAVAL BY~,SLI'~1.JJ-SI- ~ ' ~J~ DENISE 1, WILLIAMS, Secretary For Robert F. Claraval ~f ~v/vs • CAFFREY AUTO SUPPLY, INC. IN THE COURT OF COMMON PLEAS OF and KENNETH F. CAFFREY, JR., CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. CIVIL ACTION - LAW HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellee NO. 95-7280 CIVIL TERM ORDER OF COURT AND NOW, this Z..~~~day of December, 1995, upon consideration of Appellants' Petition For Stay Of Enforcement Of Decision Of The Hampden Township Zoning Hearing Board Order of December 6, 1995, a Rule is hereby ISSUED upon the Appellee to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, c0 J. e ey Oler, ., Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 Attorney for Appellants Richard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Hampden Township Saidis, Guido, Shuff & Masland 2109 Market Street Camp Hill, PA 17011 Attorneys for Zoning Hearing Board rc >> ~ ~ :-~ _~ c:. '~ •r r _' _- _ .. -~ __ . _ ._~ ~.-> -~ _ _.~ cJ; ~~ ~ s~ CAFFREY AUTO SUPPLY, INC. and KENNETH F. CAFFREY, JR. , Appellants v. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1995 APPELLANTS' PETITION FOR STAY OF ENFORCEMENT OF DECISION OF THE HAMPDEN TOWNSHH' ZONING HEARING BOARD ORDER OF DECEMBER 6, 1995 1. Caffrey Auto Supply, Inc. seeks an Order of this Court staying enforcement of the Hearing Board's Decision of December 6, 1995 until this Court has decided on the merits Appellants' Appeal. 2. Under 53 P.S. 11003-A, Appellant may petition for a stay pending an appeal on the merits of a zoning decision. 3. The standard by which the Court may determine if a stay is justified is found in Pennsylvania Public Utility Commission v. Proce a ons mer roue, 502 Pa. 545, 467 A.2d 805 (1983). ~S~ • 4. It is respectfully submitted that the instant appeal and petition fall squarely under Process Gas for the following reasons: a) The appeal filed by Caffrey Auto Supply makes a strong showing that Caffrey Auto Supply is likely to prevail on the merits; b) Caffrey Auto Supply will suffer irreparable injury if the relief is not granted; c) Hampden Township will not be substantially harmed by the issuance of the stay; and d) No other public interest will be harmed by the issuance of the stay. IRREPARABLE INJURY 5. The irreparable injury that Caffrey Auto Supply will suffer if the stay is not granted is the loss of its license as an automobile dealer. ~5-` • 6. There are numerous requirements set forth at 67 P.S. §53 et. seq. and Title 67 Pa. Code Chapter 43 with which an automotive dealer must comply in order to maintain its dealer's license. 7. If the Township's decision is not stayed then Caffrey Auto Supply will not be able to post its dealership sign or park the limited number of cars it has for sale in front of its building, thus violating two of the requirements for its dealer's license and resulting in Penn DOT removing Caffrey Auto Supply's dealer's license permanently. 8. Should Caffrey Auto Supply then prevail on its appeal of the Zoning Hearing Board's decision the victory would be hollow because without the dealer's license the "use" would be gone. LACK OF SUBSTANTIAL HARM 9. Clearly, Hampden Township will not be harmed if Caffrey Auto Supply continues in its current use pending this appeal. 10. Per the Hearing Board's decision of December 6, 1995, township officials were not even aware of the additional use of the property for a period of almost three years. ~S .~~ • • 11. Moreover, both parties agree that the use is minimal in that the sign for sale is barely visible from the road and the number of cars parked in front of the building is ten (10) or less. NO HARM TO THE PUBLIC 12. There was no public testimony at the zoning hearing board. In fact, the entire matter was instigated by a township zoning official without receipt of any complaint from the public. 13. Moreover, the use of the premises involves wholesale sales to automobile auctions and little if any sales to the public (i.e. one retail care sold this year). CONCLUSION 14. The issuance of a stay will neither adversely affect the township or its citizens. But, the refusal to issue a stay will result in Caffrey Auto Supply losing its automotive dealership franchise permanently, whether or not Caffrey Auto Supply ultimately prevails on the merits of its appeal. asy 15. This Court has already issued a stay in the companion case filed to 95-2796 Civil Term. A stay in this matter will preserve the status quo pending a final decision on the merits. WHEREFORE, Appellants move this Honorable Court for an Order staying enforcement of the decision of the township zoning officer and the Hampden Township Zoning Hearing Board and further action by the Township Zoning Hearing Board until the issues are finally resolved by the Court. Date: 2 0 4 Respectfully Submitted, ADLER &CLARAVAL By ROBERT F. CLARAVAL, ESQ IRE 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 (717) 233-4780 Supreme Court ID# 19222 Attorney for Appellants ~~~ CAFFREY AUTO SUPPLY, INC. and KENNETH F. CAFFREY, JR., Appellants v. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1995 ('ERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Appellants' Petition for Stay of Enforcement of Decision of the Hampden Township Zoning Hearing Board Order of December 6, 1995 by first class mail, postage prepaid, addressed to the following persons: Richard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA 17055 (Attorney for Hampden Twp.) Date: t~- T ~ Saidis, Guido, Shuff & Masland 2109 Market Street Camp Hill, PA 17011 (Attorneys for Zoning Hearing Board) ADLER & CLARAVAL By ~~~1.Q ~ - ~ V~.9-C•~W~4 DENISE I. WILLIAMS, Secretary For Robert F. Claraval ~~ ~ 0.JCHARp c. 6N0.IAIIR UIIfH O. IRlNNIMAN -HIUq N. 4-MI SNEI.BHKI:R 8 BRF.NNktvlnN A NMUIRRlIONAL rgFIMIAAIIUN ATTORNEYS N'I' tAW M V{'E!T MAIN OTMtER MECHANICS9URG, PENNSYLVANIA IlOBB nrnu~ nn;en Jnnuery 24, 199b Honorable J. Wesley tiler, Jr. Cun-berlnnd County Court House tins Ccurthouse square Carlisle, PA 17013 Re: Ca!lrey Auto Bupply, Ina. at sl. vs. Hampden Township et nl. No. 9B-7280 Civil Term Deer Judrye Olert R th. lo,Y D'~ fACbIMIUI V171 OOT70111 On Deaembar 28, 1995, you issued Rules on Hampden Township end Hampden Township Zoning Hearing Board with respeat to the appellnnts~ Petition for Btny oP Enforcement and Motion for Consolidation of Land Use Appeals. Enclosed ere copies of those orders for your convenience. I also enclose copies o! Anawere as filed by Hampden Township With respect to said Petition and Motion. Bince no further procedure was directed by your orders, I nm suggesting that both matters are randy Por lurther. processing and wo request your instructions es to how f'.e rocaed. very ~js, ~'GC~~-mot. c. Bnelbaker RCB:pjt Enclosures ca: John E. alike, Esquire Baidis, Guido, Bhuff & Masland Robert F. Claraval, Esquire Adler 6 Claraval `~qiy a~ ~ CAFFREY AUTO SUPPLY, INC., and KENNETH F. CAFFREY, JR., Appellants vs. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7280 CIVIL TERM ANSWER OF HAMPDEN TOWNSHIP TO APPELLANTS' PETITION FOR STAY OF ENFORCEMENT OF DECISION OF THE HAMPDEN TOWNSHIP ZONING HEARING BOARD ORDER OF DECEMBER 6, 1995 AND RULE TO SHOW CAUSE DATED DECEMBER 28, 19.95 TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW comes HAMPDEN TOWNSHIP ("Township") by its Attorneys, Snelbaker & Brenneman, P.C., and responds to Apellants' Petition for Stay of Enforcement of Decision and this Court's Rule to Show Cause issued December 28, 1995, (received via mail on January 3, 1996) as follows [A substantively identical version of this Answer was filed inadvertantly to No. 95-2796 on January 11, 1996.]: 1. It is admitted that Appellants seek a stay of the Zoning LAW OFFICES SNELBAKER BRENNEMAN Hearing Board's Order of December 6, 1995, but it is denied that they have any legal basis therefor. The Township opposes the Petition and requests your Honorable Court to dismiss the Petition, deny the stay of proceedings and vacate the Rule to Show Cause. 2. It is admitted that Appellants may seek a stay of the Zoning Hearing Board's Order, but it is denied that they have legal basis therefor. 3. The content of paragraph 3 of the Petition is a conclusion of law to which no answer is required and, therefore, ~~?I Isuch content is deemed to be denied. It is not conceded that Pennsylvania Public Utility Commission v. Process Gas Consumers Group is applicable to this proceeding. 4. The content of paragraph 4 of the Petition is a 'conclusion of law to which no answer is required and, therefore, such content is deemed to be denied. To the extent that such content contains averments of facts, the same are addressed in the remaining paragraphs of this Answer. 5. It is denied that such loss of license (if true) is not irreparable. On the contrary, Appellants or Caffrey Auto Supply can transfer the license to another but lawful location. After reasonable investigation, Township is without knowledge or information sufficient to form a belief as to the averment that the license would be lost if the stay is not granted; therefore, the averment is deemed to be denied and proof is demanded at any hearing on the Petition. 6. Admitted generally; however, by way of further answer, Township avers that Appellants apparently knew of such requirements when commencing their unlawful use of the subject premises, and proceeded at their risk in disregard, if not outright defiance, of Township's zoning regulations. 7. It is admitted that Appellants will not be allowed to LAW OFFICES SNELE3AKER BRENNEMAN maintain the sign or the supply of cars under the Zoning Hearing Board decision which reaffirms Township's continuing contention that Caffrey Auto Supply's use is unlawful. After reasonable investigation, Township is without information or knowledge sufficient to form a belief as to the truth of the averment that -2- ..~~~ • ~J PennDOT would permanently remove Appellants' (Caffrey Auto Supply's) license; therefore, the averment is deemed to be denied and proof thereof is demanded at any hearing on the Petition. 8. After reasonable investigation, Township is without knowledge or information sufficient to form a belief as to the truth of the averment that the license would be unavailable if Appellants were successful; therefore, the averment is deemed to be denied and proof thereof is demanded at any hearing on the Petition. 9. It is denied that Township would not be harmed by continuing the unlawful use. On the contrary, Appellants' use of the premises is unlawful and in clear violation of the Township's Zoning Ordinance. Such violation is harm per se. 10. While it is admitted that Township's officials were LAW aFFICES S NELBAKER SC BRENNEMAN 'unaware initially of certain uses, such lack of knowledge does not cure an unlawful condition. Therefore, the extent of Township's knowledge is irrelevant and impertinent and the averments relating thereto should be stricken from the Petition. 11. It is denied that Township agrees that Appellants' lawful use is minimal. On the contrary, Appellants' use is nlawful and the degree of violation is irrelevant and should be tricken from the Petition. Whether or not a sign is visible rom the public road or the number of cars parked in front is 10 r less is wholly irrelevant. The degree of visibility is not in ssue. The use is unlawful regardless of the visibility of its hysical attributes. Appellants' admission that their sign "is -3- .,~~C~S i barely visible from the road" infers a surreptitious attempt to ignore, if not violate, the Township's zoning regulations in preference for State automobile dealer licensing regulations. 12. It is denied that there was no public testimony at the Zoning Hearing Board Hearing. On the contrary, Township enforcement officials testified publicly as representatives of the general public and in furtherance of their public duty to enforce the public ordinances of Hampden Township. It is denied that "the entire matter was instigated by a township zoning official without receipt of any complaint from the public". On the contrary, the matter of the Appellants' original violation was reported to the enforcement officials by a private citizen of the Township who held the elected office of Township Commissioner. Moreover, the presence or absence of public or private complaint is irrelevant and impertinent. Appellants' use is unlawful, with or without complaint. It is more specifically denied that the present proceedings arose from a complaint. On the contrary, the decision of December 6, 1995, arose from Appellants' voluntary application for a Certificate of Use. No complaint was necessary or involved. 13. While it is recognized that Appellants may produce LAW OFFICES SNELBAKER BRF_N NEMAN evidence as averred, it is denied that the wholesale nature of use or current degree of retail sales is relevant to the unlawfu nature of the use. The admitted unlawful use is sufficient per se to seek the prohibition, a situation not to be prevented by ~y of the Zoning Hearing Board decision. -4- <~'G _ •~ 14. The matters set forth in paragraph 14 of the Complaint verification; therefore, the averments of facts contained therein NEW MATTER By way of further answer and response, Township avers the cannot be accepted as true. 15. The Petition now before the Court contains no 16. Appellants' use of the premises is unlawful by reason of .being in violation of the Hampden Township Zoning Ordinance. 17. Appellants are not likely to prevail on the merits of their appeal. The findings and conclusions of the Zoning Hearing Board are supported by substantial evidence of record and are consistent with the law. are merely summaries or conclusions of matters discussed individually above. Therefore, all of Appellants' contentions in said paragraph 14 are denied and opposed for all the reasons and facts set forth and averred as set forth hereinabove. It is further denied that Caffrey Auto Supply has an "automotive dealership franchise". On the contrary, it is averred that Appellants' unlawful operation does not involve a franchise of any kind, but is a private used vehicle sales facility. following: 18. The decision on appeal is a secondary means by LAW OFFICES S NELBAKER BRENNEMAN Appellants to contest and circumvent the Township's zoning regulations. The present appeal arose from Appellants' belated ~~application for a Certificate of Use to conduct an unlawful use of the subject premises. Appellants knew that such proposed use -5- ~C 7 • ~ was unlawful as decided by the Zoning Hearing Board on May 5, 1995 (See appeal docketed in this Court to No. 95-2796 Civil Term) . WHEREFORE, Appellee Hampden Township respectfully requests your Honorable Court to deny the stay of enforcement, dismiss the Petition and vacate the Rule to Show Cause. SNELB ER B EN N, P.C. ~,~~. By and C. Snelbaker Attorneys for Hampden Township LAW OFFICES S NELE3AKER BRENNEMAN -6- ~~~ VERIFICATION i I, John E. Bradley, Jr., the undersigned, hereby certify LAW OFFICES S NELBAKER BRENNEMAN that I am the duly constituted Township Manager of the Township of Hampden, an Appellee in the pending proceedings; that I am authorized to make this verification on behalf of said Township and its governing body; and that the facts set forth in the foregoing Answer of Hampden Township to Appellants' Petition for Stay of Enforcement of Decision of the Hampden Township Zoning Hearing Board Order of December 6, 1995 and Rule to Show Cause dated December 28, 1995, are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 concerning unsworn stat mezxtrs to author' ies. /J ~~ ,-'~ Dated: January ~~ , 1996 ,F %'~' ? John E. radley, Jr. T ship Manage of Hampden Townshi{ ~~ ~ f • CERTIFICATE OF SERVICE I hereby certify that I am this date serving true and correct copies of the within Answer of Hampden Township to Appellants' Petition For Stay of Enforcement of Decision of the Hampden Township Zoning Hearing Board Order of December 6, 1995 and Rule to Show Cause Dated December 28, 1995 by sending the same to other attorneys of record by regular first-class mail postage paid addressed as follows: Robert F. Claraval, Esquire Adler & Claraval P. O. Box 11933 Harrisburg, PA 17108-1933 John E. Slike, Esquire Saidis, Guido, Shuff & Masland P. O. Box 737 Camp Hill, PA 17011-0737 ~., "-"~ichard C. Snelbaker SNELBAKER & BRENNEMAN, P.C. Attorneys for Hampden Township Dated: January /~ , 1996 LAW OFFICES S NELBAKER BRENNEMAN .7Y LAW OFFICES SAIDIS, GTJIDO, SHUFF 8c MASLAND A PRO PESSIONAL CORPORATION JOHN E. SLIKE 2109 MARKET STREET CARLISLE OFRCE. ROBERT C. SAIDIS EDWARD E. GUIDO P. O. BOX 737 2G WEST HIGH STREET GEOFFREY S. SHUFF CAMP HILL PENNSYLVANIA 17001-0737 CARLISLE, PA nol3 ALBERT H. MASLAND , (717) 243-6222 IOHNNA 1. DEILY (717) 737-3405 FAX (717) 243-6486 TIMOTHY M. ANSTINE SCOTT D. MOORE FAX (717) 737-3407 REPLY TO CAMP FIILL January 17, 1996 Lawrence Welker, Prothonotary Cumberland County Courthouse Carlisle, PA 17013 Re: CaffreX v. Hampden Township Zoning Hearing Board No .~, - Dear Larry: ~~ ~ ~ ~~~~ Enclosed is the original record in the above-referenced appeal pursuant to the writ of certiorari issued by your office. I am enclosing the following: Original application for a review of zoning officer's decision; Documents relating to notice of hearing; Original record and exhibits; Decision of the Zoning Hearing Board. Very truly yours, SAIDIS, GUIDO, SHUFF & MASLAND °i,, `' ;John E. Slike JES/McC Enclosures: as stated ~..- cc: Robert Claraval, Esquire, w/o encls. Richard Snelbaker, Esquire, w/o encls. .~ ~ ~ .~ .::t ;`~ "„` .~-- ,~i ' ~; . -':1 - ' _: ~- ~ ~~,~ i- ~., '~ ~~~ - _ __ e.~ ,. a .f sV i `.- S ti ..."' Adler & Cla~aval / }~ ~.~~~ ~~~ %~ .~~ ~~I~-~ ~ ATTORNEYS AT LAW ~~~~~~~~ ~ I ,.1 ~'~ P.O. BOX 11933 ,~ ) f `~ 125 LOCUST STREET ~~ HARRISBURG, PA 1 71 08-1 93 3 QCT 2 1995 LOUIS J. ADLER TELEPHONE ~~~~~~~" ,'_~Lt~~~~~~KpHN AND ADLER ROBERT F. CLARAVAL (717) 233-4780 ,i YY (1943-1960) WILLIAM L. ADLER FAX (717) 234-1670 CRAIG I. ADLER KOHN, ADLER &ADLER (1960-1981) September 26, 1995 Hampden Township Zoning Hearing Board 230 South Sporting Hill Road Mechanicsburg, PA 17055 Re: Caffrey Auto Supply, Inc./Kenneth F. Caffrey, Jr. and Kenneth J. Hartzell Certificate of Use Application -County Auto Supply 110 South Sporting Hill Road, Mechanicsburg Tax Parcel 10-21-281-6 To Whom it May Concern: Enclosed please find an application to the Zoning Hearing Board of Hampden Township as well as the filing fee of $225 on behalf of the above captioned landowner and parcel. Please notify me in writing when the hearing with respect to this application will be heard by the Zoning Hearing Board. ' cerely, _ ~ , .,, ~' j f ~ 't'-'~ OBERT .CLARAVAL , RFC:diw Enclosure (Application, Check) cc: Kenneth F. Caffrey, Jr. 7~ __ ~~ • i UNDER THE PROVISIONS OF THE HAMPDEN TOWNSHIl' ZONING ORDINANCE ORDINANCE NO. 84-2, AS AMENDED. Application is made this 26th day of September ~ 19 95 by the undersigned for a special exception or variance from the terms of the Hampden Township Zoning Ordinance (Ordinance No. 84-2, as amended), or from a decision made by the Hampden Township Zoning Officer. 1. The name of the applicant is (please print): Caffrey whose address is Business address: 110 Sporting H~ The name of the owner of the real estate (if not the applicant) is: whose address is: Auto Supply, Inc./Kenneth F. Caffrey, Jr. phone ~ is: This appeal relates to the following section(s) of the Hampden Township Zoning Ordinance: 2109 -- A brief description and location of the real estate affected by such proposed change is as follows: The premesis _ 110 South Sporting Hill Road is an automotive supply business. As an adjunct, motor vehicles are purchased from dealers and sold to auto auctions. Parcel No.(s): 10-21-281-6 4. The real estate in question is presently classified in the used for the purpose of See #3 above. CL Zoning District(s), and is presently being Existing improvemenu on the land consist of: One 1 Building and Parking paces. The Applicant makes this request under Hampden Township Zoning Ordinance Section: ~ 2101.2 (Decision of Zoning Officer) ^ 2101.4 (Variance) ^ 2101.5 (Special Exception) 6. Set forth the relief requested with reasonable detail of the existing and proposed improvemenu and e.~cisting and proposed use. If the appeal relates to a decision of the Hampden Township Zoning Officer, attach a copy of that decision Cif in writing or .'_?scribe the decision: Appended is the letter of September 22, 1995 from Manager John E. Bradley, Jr. The relief requested is a Certificate of se eing gran e o a rey ~etl`"""1<~ use or the property. 7. In the case of a variance or special e.YCeption, attached hereto is a survey of the real estate to be effected, prepared by a registered surveyor or registered professional engineer, indicating the location and size of the real estate, the location and size of the existing improvemenu, and the location and dimensions of proposed improvemenu; e.~tisting and proposed yard setbacks must be shown in feet and inches. 3. Applicant believes the relief requested should be granted for the following reasons: The use of the property has been continuing since prior to the time that the zoning ordinance was amen a an us _it is ecfuitablP that Mr Caffrev be permitted to continue with this use 9. Also attached hereto is the filing fee of 5155.00 for request relating to single family residential uses, or 3225 for requests relati to all other uses. ~• J _ App icant's Signature ; / ,/~ , ~. ~ , Resolution No. 92-30 (Fees) B:~.FRM 7 '~' Hampden Township Board of Comrotsstuncrs Melvyn C. F(nkelslein, Presldern Isabe:i Sralhas. Vice President James E. R::niaer ~Avin w. Funk Uondld R. ~tcCa::in Township ntanagrr John E. Bradley. !r. BY CERTIFIED MAIL September 2'. 1995 Kenneth F. Caffrey, 3r. Kzrneth J. Hartzell Caffrey Auto Supply, Inc. dib~`a Country Auto Sales 110 S. Sporting Hill Road 110 S. Sporting Hill Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Re: Certifcate of Use Application -Country Auto Sales 110 S. Spor. Ling Hill Road, Mechanicsburg Tax Parcel No. 10-21-ZS1-6 Gentlemen: ~~ This office has received and reviewed your Application for a Certificate of Use for the Country Auto Sales business at this site. After careful re~r-iew and after researching aI1 Township records with respect to the business now at the site, we have determined that this application must be denied. This letter is notice to you of that decision, as well as notice that this business activity must cease at this Location. As you know, the premises lies entirely within the Township's Commercial-Limited ("C-L"} zonir. district. There is no listing in Section 12.503 of the Hampden Township Zoning Ordinance, which lists al uses permitted in the C-L zone, which would allow us to issue a Certificate of Use for the business you have described. An automotive detailing,~reconditioning operation does not appear in this list. Neither does "Wholesale used car operation". In addition, your description continues to represent that retailing of automobiles may occur at the site, another use that is clearly not permitted at this location. Further, your application mistakenly represents that there are 40 parking spaces at this site. In fact, as documented on Certificate of Use No. 122, issued to Caffrey Auto Supply, Inc. on April 24, 198! there are 24 approved spaces at this site. This number of parking spaces is sub-standard under today's ordinance; although, for existing approved uses at the site, 2~ spaces are considered to be legally non- conforming. New uses are evaluated for parking standards under Zoning Ordinance Section 1902.2; ne~~ spaces would need to be added if the use type is one that requires a higher parking ratio than an existing /" /~' j ', 1~ . ~..r 230 S, sportirtg HIII Road SieChatucsburg, PA t 7055-3097 FAX: (7!7) 761-7267 "1'Ua (727) 762-8533 rctmlrUstrarlon (7t 72 7f3--02 19 Arnbulance 1717} 761-53x3 Police (727) 761-2606 Recreation (717) 761-4951 '~ ~•~ SM~-25-~~~ Mv~I ? ~; 07 FM ~- _ • F. use. The area of your proposed "Detail Shop" was approved as warehouse space in 19S7, a usr that requires one parking space for every 1,000 square feet of floor area. Any proposed new use in that same floor area, other than warehouse use, would require the addition of new parking spaces, which is impossible on this lot. For these reasons, the Certificate of Use application far Country Auto Sales is denied. Moreover, although you represent that "We do not do any type of advertising", there is a sign in the window at this location for "Country Auto Sales". The Township requests that this business operation be ceased and the referenced sign removed within ten (10) days of your receipt of this letter. The 7.oning Ordinance, at Section 2111, provides far penalties of up to $500.00 per day for every day that a violation of the Code exists. A violation of S~~:crion 109 of the Zoning Ordinance will occur if this business operation is not ceased at this location ten (10) days after you receive this letter. You have the right to appeal the determination made in this letter, in writing, to the Hampden Township Zoning Hearing Board. Sincerely, i? /` hn E. Bradle , Jr. ownship Manager and "Coning Officer J EB/PCH Certified Mail No. P 09I 594 458 c: Hampden Township Board of Commissioners Darrell L. McMillan, Director of Codes Enforcment Richard C. Snelbaker, Esq., Tawnship Solicitor ,~7 i ._ t ~• m _ o - -- O r -,.. Q7 r ~:~ - Q~ : . ... ,.x,.. r W _ . :,.. ~ 0 ~ rL . ; ~t a - - - --- -- r .. wr :^ r r ru ru -,7 Q7 r ~_ o~ ~ mo om Sy ~ h ?7 A R pg O i if- ~E -JE ~E -)E 9E ~F ~t- 9E ~E dF .~ .~. -~ ~E- dE dE -lE iE ~E ~E iF ~E dE ~ am ~~N~~I cnOv'O.~ m' r s cmOZTI ~OOm. Oxc ;<n v~~ir D~`O,cn~D 1w--~~~ o G D r ~~ om ~r QD°o Z vD~z ~~Dm r D .,G~xZ ,~a7C am c~ Z oD z. S ~.~ ~ ~ ~' r.ewi...w,~t:;.t. s ; ~.,~:atme_r~ ~aw,.:geroi?,.,~_.,.~...>.: .,++m.::.~:~,- a~_: ~ .,... •A:-• n'-?y-~-,xf,#-~5r..d--:w_w.+. m~..~,;~rn~ee' A+Wi.'E~:'~ar "^' ~, Hl.~ \^ `~.J - N - * N ~ b .,,. -,. _, __ _ __ o _ O ~ : ~ ~ .r..u.~rr;. .~ a.....,a., k.=.~_;u~-a:ks,.~.,..,~...:..,.,~m..,:,,.:~,w,~.::.,,,,:e. f .. Yr .~-, ~ - .. ~ .t. .: i...,;._.3 .~:~- -<: .ti.-:>:aa:-.'%2.R+%'r~•t.>{.c'.` .:....Y :.. .!'.l ,~, x.:v ..:a.' ~ -~ v -~~~. _..a... .. ~2x..,~J...Py_ -. _~_ -_vv._.... J'. :'._._Y_ __~,_ ~ .. . . . , i :. «':kh~~: =~i~_. _. _ ,...~, ~.._.~...r..__. HAMPDEN TOWNSHIP Boar' ~f Commissioners 230: forting Hill Road Mechanicsburg, PA 17055-3097 xe~e;pt # 19 F 8 3 Date P/I' Lic. No. Payor Ck. No, Description Amount ., 5` ~'i ~d ~ ~ ' rY 4;; ;, ~. a Receipt Identification Description Permit # Amount A. Building Permits 01-362-410-07 $ B. Plumbing Permits 01-362-430-07 $ C. Licenses & Permits 01-362-460-07 $ D. Zoning Permits 01-361-330-07 $ E. Septic Permits 01-362-440-07 $ F. Planning & Subdivision 01-361-310-07 $ G. Zoning Hearing & Variances .•:Y ~ ~ ` ' w ' •~ 01-361-340-07 $ H. Township Maps & Ordinances 01-361-540-07 $ I. Blue Cross/Blue Shield 01-486-156-84 $ J. Miscellaneous Income 01-380-010-80 ~ K. Recreation Fees 01-367-800-70 ~ L. Miscellaneous ~ $ Received by: ,_~--~ `" CUSTOMER COPY _. _. _ _ __ • i ., i . 'f ``" ~tOll~ C•~~ Hampden 'Township Board of Commissioners tvtelvyn C. Finkelstein. President ]sabell Scathas, vSce President James E. Rendler Nevin W. Funk Donald R. McCallin October 12 , 19 9 5 Township Manager John E. Bradley, Jr. Robert F. Claraval, Esquire Adler & Claraval P O BOX 11933 Harrisburg, PA 17108-1933 Re: Caffrey - Hampden Township Zoning Hearing Board Dear Mr. Claraval: Enclosed is a copy of the notice indicating that the hearing for Kenneth F. Caffrey before the Hampden Township Zoning Hearing Board will be held November 1 beginning at 7:30 p.m. Very truly yours, ZONING HEARING BOARD Thelma S. McCauslin Recording Secretary /McC Enclosure: 1 230 S. Sporting Hill Road Mechanicsburg, PA 17055-3097 FAX: (717) 76]-7267 Administration (717) 761-01 19 Ambulance (717) 761-5343 Police (7l 7) 761-2609 Recreation (717) 761-4951 ~7~ . i 1- :' ~~. ... <<..: .o.u cor Hampden Township Board of Commissioners Melvyn C. Finkelstein. President Isabell Stathas, vice President James E. Rendler Nevin w. Funk Donald R. McCallin Township Manager John E. Bradley. Jr. NOTICE L NOTICE IS HEREBY GIVEN that the Hampden Township Zoning Hearing Board will hold its regular monthly meeting at the township office at 230 S. Sporting Hill Road, Mecranicsb~.:rg, PA at 7:30 p.m. on Wednesday, November 1, 1995, at which time a public hearing will be held on the following matter: APPEAL 95 - 06 (HEARING) Caffrey Auto Sales, Inc., 110 South Sporting Hill Road, appealing the decision of the Zoning Officer denying his request that a certificate of use be issued to the applicant for auto sales under X2109 in a C-L Zone. ~~ John Holland, Chairman Zoning Hearing Board 230 S. Sporring HIII Road Mechanicsburg, PA 17055.3097 FAX: (717) 761-7267 Administration (717) 761-01 19 Ambulance (717) 761-5343 Pollee (717) 761-2609 Recreation (717) 761-4951 X79 i puB~~c NOTICE Public Hearing Date: November i, i99S .~~ai~ ~~i ~~ This Public Hearing will be held at 7:3o pm at the Hampden Township Municipal Building, ?,3o South Sporting Hill Road, Mechanicsburg (761-oii9). Applicant: Subject Property: Relief being sought: Kenneth F. Caffrey, Jr. iio S. Sporting Hiil Road, Mech. Appeal of the Zoning Officer's Determination concerning the use of the site as an Auto Dealership. Z.O. §ZIOq Copies of the application are available for review at the Township Building. HAMPDEN TOWNSHIP ZONING HEARING BOARD ~~ .. ~~~, ~ H,AMPDEN TOWNSHIP ~ ~ ~ ~ ~ ~ ~ O. 122 DATE_A~ril 24. 1987 __ APPLICANT Caffrey Auto Supply, Inc. PHONE 697-9240 p,,.,DRySS 11 Silver Drive, Mechanicsburg, PA 17055 Qi~NER Keebler Corporation PHONE ADDRESS Elmhurst, Ill SITE LOCATION 110 S. Sporting Hill Road, Mechanicsburg, PA pRppOSm L'SE sale, storage and distribution of auto marts and bos3~ ~hQ~~_~PS Would have retail sales from counter, w~l~sa~n.~im an_cLdeliit~. Z'JtiZN = DISTRICT C-G TOTAL ACREAGE - l 4 ac~rPS +- - LOT SI~:f: 209' front x 316' _BUILDING`~S~IZE~Z.nn~O_nn ~,_ft,_,___~~__ ~~ ^ 4 salesman on the road & PL`'~BEF. t.'F r`ItLt~YE%S 9 at facility TOT~_L PARKING SPACES ~d SITE PLA;~ REAL IREL' (X % Y%S ( ) r;e~ YLELIC WATr:i. (X) YES i_ } ?v"0 R;:riARkS PERMIT FEE FAIR $ 10. ~Q._____ ~~ • ~, ~- ~1~~~~~a~,~~ rY~" r ItvSPECTI0~3 ru7D APPROVAL riiBLIC SEWER (X) YES ( ) :iii ZUi•lING GFFICER Robert S. Greene, Jr. ENFGRGEMEN'T OFFICER - _____~r DATE. FILE CQPY 230 S. Sporting Hiit Road Mechanicsburg, PA 17055-3097 • (717) 7&1-0119 OF SE ERMIT ..~, ' '~ r Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17055 A/C 717-761-0119 APPLICATION FOR A CERTIFICATE OF USE APPLICANT Caffrev Auto Sug~~y~ Tnc PHONE 697-9240 Present ADDRESS 11 Silver Drive, Mechan~csburq, PA 17055 __ OWNER' S NAME Keebler Corporation PHONE ADDRESS Elmhurst, Ill SITE LOCATION 110 S. Sporting Hill Road PROPOSED USE (Specifically Describe Nature of Business) sale, storage and distribution of auto parts and body shop supplies. Would have retail sales from counter, wholesale pick up and delivery. __ _-_ ZONING DISTRICT C - G TOTAL ACREAGE 1.4 acres +- 31(~~ - ..._.- LOT SIZE 209' front X ~ BUILDING SIZE 27, 000.00 sq. ft. 4 salesman on the road & NUMBER OF EMPLOYEES 9 at f ac ility TOTAL PARKING SPACES ~~ PUBLIC WATER (XI YES ( ) NO PUBLIC SEWER (X} YES ( ) NO THE ZONING OFFICER MAY REQUIRE A SITE IMPROVEMENT PLAN TO BE SUBMITTED~WITH THIS APPLICATION SIGNATURE OF APPLICANT /~~/o,/ (/~,v ~j RECEIVED DATE 1/21/87 DATE / Signature of Township Official4 Note - Township approved~~use.application as submitted. No occupancy permit will be issued until site plan of existing property with bldg, on site, and lay-out _.: .._.:of building interior is filed with Hampden Township Building Dep/artment. 1~ Charles M. Kemberling, Ma r/Secretary ~ ~~ r"st Commercial zeal ;state Lorp. t~gen i' COx ~ Z_.. HAMPDEN TOWNSHIP ' • t - - RECEIVED APPLICATION FOR A CERTIFICATE OF USE - S EP 1 4 1995 Hampden Township 230 South Sporting Hill Road - ~~,1 r Mechanicsburg, PA 17055-3097 {717) 761-0119 BUSINESS NAME: CAFFREY AUTO SUPPLY, INC. PHONE 717-761-680 TOWNSHIP BUSINESS LOCATION: 110 S. SPORTING HILL ROAD, MECHANICSBURG, PA APPLICAN'T`. KENNETH J. HARTZELL ADDRESS: 3853 LARABY DRIVE, HARRISBURG, PA PHONE 717-540-5196 PROPERTY OWNER: KENNETH F. CAFFREY, JR. PHONE 717-732-5225 ADDRESS 5618 PINEHURST WAY, MECHANICSBURG, PA At This Location, This Is a ( ~ New Use; ( ~ New Business; (X ~ Continuation of Previous Use; ( ~ Conversion From Residential Use To Commercial Use PROPOSID USE (Describe the nature of the Business as specifically as possible): SEE ATTACHED SHEET Site PIanJSkdch and Floor Plan/Skdcls MUST' be submitted with application. Complete the followutg: 209'front x 7~~g ~~~ CL Total Acreage 1 Pazcel No.10 - 21- 2 81- 6 Lot S' rBlda nit Size No. of Em to L~e.gu.la ~ ~, n n n G q . f p gees 13 Total Parking Spaces This Site 40 Pazking Spaces Dedicated To This Use g PR File No. Approved on ZONING HEARING BOARD N0. 95-02 PUBLIC WATER (X 1 YES ( j NO PUBLIC SEWER (X 1 YES ( 1 NO Estimated Gallons Per Day. E~stingE. D. U.'s SIGNATURE OF APPLICANT Current 3 2 5 Increase, 'This Permit 0 Additional E D. U: s this permit (if applicable) Township OE6cial~ Decision will be Mailed to Applicant ****#**#**~*#****#*ak**~C~k s#**#*~~# ~#*#*#*##~c#***s#*******~tc***~**at*##~********~*~~*~******# *#******* ZONING OFFICER/CODE ENFORCEII~NT OFFICER P;Ei4iARK5 1. Minor Change of Use Minimum Requirement for Certificate of Use ° Sketch Site Plan ° Building Floor Plan ° Labor & Industry Approval, if required ° Other information deemed necessary by the Township 2. Major Change of Use ° Submission io Plan Review Board (see attached application) Township Official Date '~ ~~ `~~ ~ ~ Ken Hartzell _ COUNTRY AUTO SALES, 1NC. 110 Sporting Hill Rd. Mechanicsburg, PA 17055 Business 761-6800 Home 540-5196 Beeper 760-2412 .~~'`~ L' 110 Sporting Hill Roac Mechanicsburg, PA 1705E (717) 761-680 Country Auto Salest~s running a wholesale used ca_r operation from Caffrey Auto Supply. The sole purpose of this is to purchase vehicles from dealers and dealer auto auctions. These cars are then transported to Caffrey Auto Supply to be reconditioned for the purpose of resale at an auto auction. 80~ of these cars that are on premises are here less than a week and are very rarely ever parked on the front lot. We do not actively solicit any retail business. We do not do any form of advertising. Caffrey Auto Supply is open from 8:00 A.M, to 5:00 P.M. Monday-Friday, no evenings or Saturday business, so this would be the only time anyone driving by would be able to stop and inquire about any of the cars that are being stored here. The majority of our cars are parked in the area of the building for reconditioning purposes. We have been operating this type of operation since August 1994. We would like to continue as such in the future. HAMPDEN TQWNSHIP RECEIVED SEP 1 4 1995 ,~ ~~S^ 9Z1;'.~1!: ;.:;'l'/~'1'I~, (;(.)it[~()I(A'('ION ~ . Fig.© No. 86-L-186 20!) (:l)flf (tll/1TF CFN~fEIi hIiIVE, QUITE 200 CAA~iP Flil.l. CORPORATE CEIJTER ~, CAMP I IILL, PA ~ X01 t. ~ HAMPDEN TOWNSHIP ~~ ,t717) got-~Aaa ~ ~ R.ECEI~~F~ . SITE PLAN .' .... .'. SE~P ~• 995 / .. l H IDS 9p ' 1 1a ~ I • ,~ ey „ y a ~ P MACADAM PARKING t~`e ~`0 y7? ~~,~ AREA ~ - . ~. ~ ~. I GRASS • 046 I ~ . . yy Stt ~S I I b~ ~: hW y ~ I ~ O i -~ b O ' M h ob.. sl(oP I '" / 9 r~t I P eye - • WAREHOUSE A .3 ;. B o- ~ C.ovNr~R I ~ to r n oFF, A R £+q I r' W ~ O N ~ bl ~ . • a ~ ------- ° i v ~„ i oFricE SHOWROOM j ~j ~ ~ a 3 I I I z t ~ . ~ FRONT LOT 1 I. ~ GRASS I I 209 06~ S OI'~~' E --- ~ . SPORTING HILL ROAD (Stale Hwy 21016 • ~r.~etion concerning thin offering is fro+w sources deen~od relieble, but no werrenty ie made e~ to the eccurecy oof, end it Ss aubwitted aub~ect to errors, o~nlaalone, change of price or other corMitiona, prior sale ;or ~e, or withdrawal without notice. l~ // •'' BILLING i?ERIOD • AMOUNT OF LAST BILL 564.12 3ui-,.Aufl-lb ( 28 days) " Bil~i'ng date 0$-22-95 You paid (Thank You) 564.12- Next reading on/about Sep-19 Prior balance 5.00 METER INFORMATION CURRENT iIATER CHARGES Meter number Meter size.-" Class:-Commercial 108199 .1 SERVICE CHARGE 521.93 METER READING INFORMATION 9000 pal X ..003711' 533.40 Present-Actual 3623:00 9000 pal 555.33 Last 35330D:. :; ,. Gallons used 9004 OTHER CHARGES State Tax Surcharge 5.20- TOTAL CURRENT CHARGES 555.13 Your Prior balance"was $.00 TOTAL AMOUNT DUE 555.13 average water used for this period was 321 gallons a day. M PENNSYLVANIA -AMERICAN WATER COMPANY :852".WESLEY DRIVE _- MECHANICSBURG,'PA. 17055 Business Telephone:~~1-800-"717-.7292 Eaergency;Telephone."~~.:.717-~774-:2420 Service. to: CAFFREY"AUTO-SUPPLY•IN 110 SPORTING. HILL-RD Account nua~bere" 660-11218925-0I" ncuucv~ veuTe _ eM~QT[!eN HELP the less fortunate. Add exactly 51 to the amount of your bill for the DOLLAR ENERGY FUND. Your contribution is tax deductible. Thank you. A penalty of 1.50% will be added to your unpaid balance 09/06/95. ® ~ HAMPDEN TOWNSH{P RECE{VE(J SEP 1 4 1995 ~~~ ~. /~ ~~ ~, , ,~y yr , ~ :w b~ ~ .`o._ or. Hampden Township Board of Comrotssioncrs Melvyn L. F{nkel5retn. Presidern lsabc:; Stad,~s. V;ce President @mCS E. >-tendSer nw(n w. Fun'r. Donald R. S1cC:i::in Township ntanagrr BY CERTIFIED MAIL ~~ - ~~ September 2', 1995 Kenneth F. Caffrey, Jr. Kenneth 1. Hartzell Caffrey Auto Supply, Inc. deb/a Country Auto Sales 110 S. Sporting Hill Road 110 S. Sporting Hill Road Mechanicsburg, PA 17055 i~2echanicsburg, PA 17055 Re: Certificate of Use Application -Country Auto Sales 110 S. Sporting Hill Road, Mechanicsburg Tai Parcel No. 10-21-Z81-6 Gentlemen: ,` This office has received and reviewed year Application for a Certificate of Use for the Country Auto Sales business at this site. After careful review and after researching all Township records with respect to the business now at the site, we have determined that this application must be denied. This letter is notice to you of that decision, as well as notice that this business activity must cease at this Ioca+don. As you know, the premises lies entirely within the Township's Commercial-Limited ("C-L") zonir. district. There is no listing in Section 12.503 of the Hampden Township Zoning Ordinance, which lists ai uses permitted in the C-L zone, which would allow us to issue a Certificate of Use for the business you have described. An automotive detailinglreconditioning operation does not appear in this list. Neither does "Wholesale used car operation". In addition, your description continues to represent that retailing of automobiles may occur at the site, another use that is clearly not permitted at this location. Further, your application mistakenly represents that there are 40 parking spaces at this site. In fact, as documented on Certificate of Use No. 122, issued to Caffrey Auto Supply, Inc. on April 24, 198 there are 24 approved spaces at this site. This number of parking spaces is sub-standard under today's ordinance; although, for existing approved uses at the site, 24 spaces are considered to be legally non- conforming. New uses are evaluated for parking standards under Toning Ordinance Section 1902.2; nee spaces would need to be added if the use type is one that requires a higher parking ratio than an existing 230 S, SpOrrirtg Hlfi Rued !liCChanirSburg, P.1 t705s3087 FAX: (717) 76{•7267 TDD 1737) 761-8533 a~tmf»larrarion 1717) T6101 19 Ambulance 1717? 761-53x3 POI1Ce (717) 781-2809 Recreation 1717) 761-spril ~ a(y j ~ N ' .~~ iY~JI'~ ? ~; ~~ F'~ ,~ ` ' ~ use. The area of your proposed "Detail Shop" was approved as warehouse space in 1987, a use that requires one parking space for every 1,000 square feet of floor area. Any proposed new use in that same floor area, other than warehouse use, would require the addition of new parking spaces, which is impossible on this Iot. For these reasons, the Certificate of Use application for Country Auto Sales is denied. Moreover, although you represent that "We do not do any type of advertising", there is a sign in the window at this location for "Country Auto 5aIes". The Township requests that this business operation be ceased and the referenced sign removed within ten (10) days of your receipt of this letter. The 7_oning Ordinance, at Section 2111, provides for penalties of up to $504.00 per day for every day that a violation of the Code exists. A violation of Section 149 of the Zoning Ordinance will occur if this business operation is not ceased at this location ten (14} days after you receive this letter. You have the right to appeal the determination made in this letter, in writing, to the Hampden Township Zoning Hearing Board. Sincerely, ~~ /~ hn E. Bradle , Jr. ownship Manager and "Coning Officer JEB/PCH Certified Mail No. p 091 594 458 c: Hampden Township Board of Commissioners Darrell L. McMillan, Director of Codes Enforcment Richard C. Snelbaker, Esq., Township Solicitor _~ sr4 i • OPINION OF THE ZONING HEARING BOARD OF HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA SAIDIS, GUIDO, SHUFF & MASLAND 2109 Mazket Street Camp Hill, PA APPLICANT: LOCATION OF PROPERTY: CtP.~~ DOCKET NUMBER: CAFFREY AUTO SUPPLY, INC. 110 SOUTH SPORTING HILL ROAD MECHANICSBURG HAMPDEN TOWNSHIP CAFFREY AUTO SUPPLY, INC. 95 - 06 ~~ :~ HAMPDEN TOWNSHIP ZONING HEARING BOARD IN THE MATTER OF: CAFFREY AUTO SUPPLY, INC. This case comes before the Hampden Township Zoning Hearing Board pursuant to provisions of Part 21 of the Hampden Township Zoning Ordinance, Ordinance No. 84-2, as amended, appealing the decision of the Zoning Officer in refusing to issue a Certificate of Use for the sale of motor vehicles on the applicant's premises. Pursuant to notice duly given as required by the provi- SAIDIS, GUIDO, SHUFF & MASLAND 2109 Market Street Camp Hill, PA sions of the Zoning Ordinance, a hearing was held before the Hampden Township Zoning Hearing Board at the township building at '230 Sporting Hill Road, Mechanicsburg, PA at 7:30 on Wednes- day, November 1, 1995. In accordance with the provisions of the Zoning Ordinance, notice of the hearing was given to the applicant, the Zoning Officer, to any persons requesting notice, and public notice was given in the manner prescribed by the Municipalities Planning Code, the Hampden Township Zoning Ordinance, and the rules of the Board. The record of this case consists of the original appli- cation, a record of the proceedings of the hearing of November 1, 1995, and exhibits introduced by the applicant at the evidentiary hearing. 2 <~%Z ~~ . ~ - ~ ~ , i i f INDINGS OF FACT The Board makes the following findings of fact: 1. Caffrey Auto Supply, Inc.\Ken Caffrey is the owner of prop-erty known as 110 South Sporting Hill Road, Mechanicsburg, PA. 2. Said property is improved with a building and is located in a Commercial-Limited Zone. 3. The applicant originally was using the property as an auto supply business pursuant to a Certificate of Use issued by the township in 1987. 4. Since 1987 the applicant has been detailing cars within the building located on said lot. 5. In 1992 the applicant began to sell cars from the lot pursuant to a license which was issued by the state. 6. Prior to December 7, 1993, the applicant's property was located in a Commercial-General Zone. SAIDIS, GUIDO, SHUFF & 7. The sale of motor vehicles is permitted in a MASLAND 2109MazketStreet Commercial-General Zone under §1203-17. Camp Hill, PA 3 f~~ i ~ 8. On December 7, 1993 the Zoning Ordinance was amended to create a new zone for certain areas, including the area in which the applicant's property is located, designating it Commercial-Limited, and not including sales of motor vehi- cles as a permitted use in said zone. 9. The applicant's use of the property gradually evolved from an auto parts business to include sales at retail of automobiles and, more recently, the wholesale sales of automobiles. 10. Only a few vehicles which are for sale are stored on the exterior of the premises, and the state's automo- bile sales license is posted in the window of the premises. 11. The applicant never filed an application with the township to change or to expand his use from the use indicated in the 1987 application until September of 1995, after he had been notified by the township to cease and desist the sales of automobiles from the premises. 12. The applicant was unaware that the zoning had SAIDIS, GUIDO, SHUFF & MASLAND 2109 Market Street Camp Hill, PA changed so as to prohibit the sale of vehicles from his lot. 13. The applicant never applied for a Certificate of Nonconformance nor did the Zoning Officer register the appli- cant's business as a nonconforming use. 4 ~~ • 14. There are 23 or 24 parking spaces presently lined off on the exterior of the premises, but 40 or 50 vehi- Iles could be stored inside the building. 15. The vehicle sales operation is primarily whole- sale by the purchase of cars at auto auctions, reconditioning and repairing them inside the building on the applicant's property, and the resale of them at a subsequent auto auction. 16. The relief requested by the application is an appeal from the decision of the Zoning Officer refusing to issue a Certificate of Use for the sale of automobiles from the premises. CONCLUSIONS OF LAW 1. The matter is properly before the Hampden Town- ship Zoning Hearing Board, proper notice having been given to all interested parties and the Board having jurisdiction to hear the appeal. 2. Under the provisions of §2101.2 of the Zoning SAIDIS, GUIDO, SHUFF & MASLAND 2109 Mazket Street Camp Hill, PA Ordinance, the Zoning Hearing Board may hear and decide appeals where it is alleged by the applicant that the Zoning Officer has misinterpreted or misapplied any provision of a valid Zoning Ordinance. 5 .~? l ~~r • • 3. The current Zoning Ordinance as last revised on December 7, 1993 changed the zone in which the applicant's property is located to a new zone designated Commercial-Limited and did not include the sale of motor vehicles as a permitted use in that zone. 4. While the applicant could have obtained a Certif- icate of Use for the sale of motor vehicles from his premises prior to December 7, 1993, he failed to do so. 5. Applicant's failure to obtain a Certificate of Use prior to the change of the ordinance on December 7, 1993 renders the applicant's use of the property for the sale of motor vehicles as an illegal, nonconforming use. 6. The fact that the applicant could have received a Certificate of Use prior to the change of the ordinance and could have registered the property as a lawful nonconforming use does not now entitle the applicant to a Certificate of Use. 7. The decision of the Zoning Officer in refusing to SAIDIS, GUIDO, SHUFF & MASLAND 2109 Market Street Camp Hill, PA issue a Certificate of Use was correct and the Zoning Hearing Board has no authority to overturn his decision. 6 ,~ ~~ DISCUSSION The matter before the Board involves the same issue decided by the Board on May 5, 1995 in Appeal No. 95-02. The difference in that proceeding from the one presently before the Board is the fact that the applicant has now applied for a Certificate of Use and the Zoning Officer has refused to issue the certificate; whereas, the original appeal was an appeal from the Zoning Officer's issuance of a Cease and Desist Order. While the cases are procedurally different, they are factually the same. The troubling aspect of this case is that, at the time the SAIDIS, GUIDO, SHUFF & MASLAND 2109 Mazket Street Camp Hill, PA applicant began his challenged use of the sale of motor vehi- cles from his premises in 1992, it was a use permitted in the zone in which his property was located and he could have received a permit. If he had applied for a permit in 1992, a permit would have been issued and his continued use of the premises after the December 7, 1993 amendment could have been registered as a lawful nonconforming use. The difficult question which the Board must decide is whether the applicant's failure to apply for a Certificate of Use (to which he was entitled) and his failure to register a nonconforming use in 1993 were ministerial acts which can be corrected by his 7 ~~~ • belated application in September of 1995, or whether his failure to file a timely application effectively bars the door to the issuance of a permit as a nonconforming use for the continued sales of motor vehicles from the premises. The Board must first answer the question of whether or not the sale of motor vehicles from the premises was a lawful nonconforming use on December 7, 1993. If it was lawful at the time of the enactment of a change in the ordinance it may be continued under the provisions of §2002 by securing a Certifi- cate of Nonconformance. The applicant argues that it was a lawful use, even thought it was unregistered, and the township, in opposition to the applicant, argues that it cannot be a lawful use unless it was registered in accordance with the ordinance. In that regard §2109.2 provides that: No vacant land shall be occupied, used or changed in use, and no building or struc- ture hereafter erected or structurally altered shall be occupied, used or changed in use until a Certificate of Use shall have been regularly issued therefor by the Zoning Officer or his duly appointed repre- sentative. According to this provision, no use of property is lawful SAIDIS, GUIDO, SHUFF & MASLAND 2109 Mazket Street Camp Hill, PA under the Zoning Ordinance until a Certificate of Use has been issued. Section 2002 relating to the registration of nonconforming uses provides: 8 ,~ ~~ • • The owner of the premises occupied by a lawful nonconforming use or building exist- ing at the effective date of this Chapter shall, within one (l) year of the effective date of this Chapter, report to the Zoning Officer the information necessary for the registration of such nonconformance under Section 2007 of this Part and shall secure a Certificate of Nonconformance for the purpose of insuring to the owner the right to continue such nonconforming building or use. Applicant argues that it was the duty of the township SAIDIS, GUIDO, SHUFF & MASLAND 2109 Market Street camp Hill, PA Zoning Officer to identify nonconforming uses as of December 7, 1993, and the applicant ought not to be penalized on account of the Zoning Officer`s failure to list his property as a noncon- forming use. He bases this argument on §2007 which provides: The Zoning Officer shall identify and reg- ister all nonconforming uses and structures with due diligence. He shall maintain for that purpose a file, reflecting, for each nonconforming use of structure, the name and addresses of all persons having an ownership or promissory interest in the property, a description of the property, its location, its zoning classification, a detailed description of each nonconforming use and structure, the manner in which it is nonconforming, the date and a detailed description of each alteration, restora- tion, reconstruction, change, extension and enlargement, the date of any abandonment or discontinuance, the date of issuance of each certificate of nonconformance and any other pertinent information. The provision in question found in §2007 of the Zoning Ordi- 9 ~~ nance is ineptly worded in that it does appear to place the burden of identification and registration of nonconforming uses on the Zoning Officer. Since this would be an almost impossi- ble task, the only reasonable construction of this section is that the Zoning Officer shall register nonconforming uses which are brought to his attention by the property owners on forms to be provided by the Zoning Office. Although the wording of this section can be found in many ordinances throughout the Common- wealth, a change in the wording of this section is grist for the legislative mill. The Board's research has disclosed varying decisions on SAIDIS, GUIDO, SHUFF & MASLAND 2109 Mazket Street Camp Hill, PA the question of whether a use which is lawful, but unregis- tered, can continue as a nonconforming use after a change in the ordinance. On one hand, we have the decision found in McGeehan v. Zoning Hearing Board of Springfield, 407 A.2d 56 (1979) which held that the lapse in the proper licensing of a junk yard was not dispositive of that use's status as a noncon- forming use. On the other hand, we have the decision of Pushnik v. Hempfield Township, 402 A.2d 318 (1979) which held that where a property had not been licensed as a junk yard prior to the time when zoning regulations were passed which prohibited junk yards, could not be qualified as a noncon- forming use. 10 .~5 ~~~ In Lincoln v. Zoning Board of Adjustment of Pittsburgh, 529 A.2d 1228 (1987), the court held that: Here there is no question that the owners actually used their property as a personal care residence prior to 1982. The critical question is whether that was a lawful use. This court has held that an existing ille- gal use cannot form the basis of a valid nonconforming use. Hauser v. Catasaqua Zoning Hearing Board, 20 Pa. Cmwlth 313, 341 A.2d 566 (1975). Does this mean that in order to be a lawful use, even though it was a permitted use at the time it occurred, the property owner must have been issued a Certificate of Use? According to Pfeffer v. Hopewell Township, 431 A.2d 1149 (1981), apparently a Certificate of Use is required to make a permitted use a lawful one. In the Pfeffer case, the township sued to enjoin the SAIDIS, GUIDO, SHUFF & MASLAND 2109 Mazket Street Camp Hill, PA practice of outdoor storage, charging that it violated zoning provisions requiring setbacks, regulating junk yards and the storage of discarded materials. The court, citing Mu_Cy Borough v. Stein, 440 Pa. 503,507, 270 A.2d 213,215 (1970) said that the Hopewell Township Zoning Ordinance provided for the registration of nonconforming uses and that the appellants had never registered their sales yard. The court went on to say: 11 ?~ ~ * ~- . . i i Having failed to avail themselves of the available administrative means of estab- lishing that their nonconforming use was lawful, the appellants are barred from defending an action to require them to conform to the use regulation on this ground. If the decision in Pfeffer v. Hopewell can be considered the law on this issue in the Commonwealth of Pennsylvania, and in zoning cases it is often difficult to say what the law is, then it would seem that the decision of the Zoning Officer was correct in refusing to issue the permit and the Board has no authority to overturn his decision. Date: December 6, 1995 HAMPDEN TOWNSHIP ZON NG HEARING BOARD / ~' '' %~ By: ~ John Holland, Chairman ~', By : 'k'- ~t%' Dale Stipe By~ ~ Eugene Baldwin SAIDI5, GUIDO, SHUFF & By' MASLAND John McAtee 2109 Mazket Street ~ ~~ Camp Hill, PA By: Danie J. Flint 12 `7 ~.2 • • ORDINANCE N0.93-20 AN ORDINANCE OF THE TOWNSHIP OF HAMPDEN, CUMBERLAND COUNTY, PENNSYLVANIA, (1) AMENDING SECTION 301, PART 3 OF CHAPTER 27 OF THE TOWNSHIl' OF HAMPDEN CODE OF ORDINANCES AS ORIGINALLY ENACTED ON JULY 3, 1984, TO ADD THE NEW ZONING DISTRICT DESIGNATION "C-L COMMERCIAL-LIMITED DISTRICT"; (2) ADDING A NEW ZONING CLASSIFICATION TO BE KNOWN AS "C-L COMMERCIAL-LIMITED" TO THE ZONING ORDINANCE; (3) CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PARTS OF THE EXISTING C-G, COMMERCIAL GENERAL, R-S RESIDENTIAL- SUBURBAN AND R-T RESIDENTIAL TOWNE ZONING DISTRICTS TO C-L COMMERCIAL LIlVIITED; AND (4) ADDING SPECIFIC STANDARDS FOR SENIOR CITIZEN HOUSING AS NEW SECTION 1812 TO THE ZONING ORDINANCE. BE IT ENACTED AND ORDAINED and it is hereby enacted and ordained by the Board of Commissioners in anal for the Township of Hampden, Cumberland County, Pennsylvania, as follows: SECTION 1. Section 301 in Part 3 of Chapter 27 of the Township of Hampden Code of Ordinances as originally enacted and ordained on July 3, 1984 (and as said Code has been subsequently amended), being a part of the Hampden Township Zoning Ordinance as codified, is hereby amended by adding thereto the following zoning district designation, immediately after the reference in said section to "A-O-L Apartment-Office Limited District" and immediately preceding the reference in said section to "C-G Commercial-General District" the phrase: C-L Commercial-Limited District. SECTION 2. Chapter 27 of the Township of Hampden Code of Ordinances as originally enacted and ordained on July 3, 1984 (and as said Code has been subsequently amended), being a part of the Hampden Township Zoning Ordinance as codified, is hereby amended by adding thereto the following new Part 12.5: ~3~ ~{ ~ ~ Part 12.5 C-L, Commercial -Limited ~ 12.501. Purpose. The purpose of the C-L, Commercial -Limited District is to provide appropriate locations for office, limited commercial and residential usage where a proliferation of unrestricted commercial usage would be undesirable. The regulations which apply within the district are designed to encourage the formation and continuation of a quiet, compatible and uncongested environment for business and professional offices intermingled harmoniously with existing residences and certain other commercial uses; to discourage any encroachment by unrestricted commercial or industrial establishments, or other uses which might adversely affect the specialized office, limited commercial and residential character of the district; to reduce existing problems of traffic congestion; and to encourage orderly, well-planned development within this district. §~,2 502 Procedural Requirements. All applications for permits pursuant to this Part shall be submitted to the Zoning Officer, who shall have the option of submitting such applications to the Planning Commission or to the Township Commissioners for recommendations prior to issuing a permit. All applications shall be reviewed by the Plan Review Board prior to the issuance of any permit. §~,2 503_ Permitted Uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other: 1. Commercial uses serving the community, including, but not limited to such uses as retail drug stores, food sales, wearing apparel shops, dry goods and notions stores, furniture sales, banks and lending institutions, barber and beauty shops, studios, paint, paperhanging and glass shops. 2. Office buildings, professional offices, professional and personal services. 3. Theaters, assembly halls. 4. Public and semi-public uses such as churches, libraries schools, recreational facilities ~. j and municipal buildings of all types. ~. 5. Post office and central telephone exchanges. ~~ ~~ 6. Undertaking parlors and funeral homes. 7. Studios for artistic production in dance, music, art, photography or similar fields. 8. Service establishments, including barber shops, beauty shops, custom tailor shops, laundry agencies, self-service laundries, hand laundries, shoe repair shops, dry cleaning shops, pressing shops or tailoring shops, in which only non-explosive and nonflammable materials are used and where no work on the premises is done within said C-L zoning district for retail or wholesale outlets elsewhere, except in the case of dry-cleaning shops which perform work or do processing for no more than three (3) other retail outlets owned or operated by the same (common) owner or owners as that of the primary facility, in which case the use of the premises for such work or processing shall be limited to: (a) the material collected at the primary facility and such three other outlets, (b) the use above ground level of not more than six thousand (6,000) square feet of building area, (c) such use shall not be conducted in any ancillary building or structure on the same lot, and (d) the operation of such use shall not be conducted between 10:00 o'clock P.M., prevailing time, on one day .__.. and 6:00 o'clock A.M., prevailing time on the succeeding day. 9. Restaurants, tea rooms, cafes and other similar places serving food or beverages. 10. Bakery, candy, pastry, confectionery or ice cream retail sales with minor manufacturing of such goods permitted for sales on the premises only. 11. Communications and shipping offices. 12. Hotels and motels. 13. Private schools conducted for gain or profit. 14. Health clubs and lodges. 15. Florists and nurseries. 16. Medical, dental and diagnostic clinics and laboratories. ~~~ • 17. Convenience stores without fuel dispensing services. 18. Child day care center, private nursery or kindergarten. 19. Residential Use -for dwellings in existence at the time of the adoption of this Ordinance, any residential use may be continued pursuant to the rules governing nonconforming uses. After the effective date of this Ordinance, no new residential uses shall be permitted, with the exception of the Conditional Use listed at Section 12.504.1 of this Part. This restriction shall not apply to any dwelling unit for occupancy by a caretaker if such unit is constructed as part of a commercial building and is clearly incidental to the permitted use. 20. Accessory uses on the same lot with and customarily incidental to any of the above permitted uses. X12 504. Conditional Uses. The following conditional use and no other may be allowed by the Township Board of Commissioners after recommendations by the Planning Commission pursuant to the express standards and criteria set forth in Part 19 of this Chapter: 1. Senior citizen housing. 2. Transformer Substations ,~2 505 Restrictions on Permitted Uses 1. All shops and stores, and all display of goods associated therewith, shall be so enclosed within a building so that no processing or repairing operations will be visible from the front street or from either the front or side street in the case of a corner lot. 2. Any use adjacent to any residential zone boundary line at the side or rear yard so adjacent, shall erect as a protective screen to a height of not less than six (6) feet, a solid painted board fence or permanent evergreen hedge paralleling the said side or rear zone boundary line. 3. Uses permitted in the C-L zone shall not generate high intensities of noise, noxious odors, air pollution or glare. Where a determination is made by the Zoning Officer, the property owner or lessee applying for a Certificate of Use for an allowed use in this zone 3~ 7 • will agree, as part of such Certificate's approval, to post and enforce "No-Loitering" regulations for such premises. ~~2 506 Building Height Limitations No building shall be erected to a height in excess of forty feet (~40'); provided, however, that the height limit may be increased one foot (1') for each additional foot that the width of each yard exceeds the minimum required. Each and every yard shall exceed the minimum by the number of feet proposed to be added to the maximum height of forty feet (40'). ~2 507. Lot Area and Width 1. For non-residential lots with public sewer, the area and frontage requirements shall be not less than twenty thousand (20,000) square feet and lot width of not less than one hundred feet (100') at the street line. 2. For non-residential lots without public sewer, the area and frontage requirements shall be not less than thirty thousand (30,000) square feet and lot width of not less than one hundred fifty feet (150'} at the street line. ~~.50 . Lot Coverage 1. The maximum coverage of any lot in this zoning district shall be seventy-five percent (75°l0) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities required by this Township shall be planted and maintained with vegetative material. Q12.509. Yard Re lags tions 1. Front Yard -thirty-five (35) feet. 2. Side Yards -ten (10) feet each. Rear Yard -thirty (30) feet. Along any residential district boundary line or when the commercial use abuts an existing residential use, a buffer yard shall be provided which shall be not less than twenty (20) feet in width measured from such boundary line or from the street right-of--way line 30~ • • where such street constitutes the district boundary line, and which shall be established and planted in accordance with the provisions of Part 16, §1602 (General Regulations). X12 11 Accesso , Buildings No accessory building shall be permitted in any front yard area. 2. An accessory building shall not exceed one (1) story or fifteen feet (15') in height . X12 512 Off-Street Parking 1. Off-street parking shall be provided in accordance with Part 19, Off-Street Parking, part of this Chapter. 2. All parking shall be located at least ten feet (10') away from any street right-of-way line. Curbing shall be installed to enforce this requirement. 3. All parking areas required under this Part shall be enclosed by a vegetative screen buffer, where such parking area abuts a residential zone or residential use. For an outdoor parking area containing twenty (20) or more spaces, at least one tree for every ten (10) spaces shall be planted either along the perimeter of such parking area where it abuts a public or private right-of-way, or where it abuts the lot line(s) of land in residential zoning districts or use. A clear site triangle, as required by Section 1610.2 of this Ordinance, shall be maintained at all street intersections and at all points where private accessways intersect public streets. The screen maybe broken at points of vehicular or pedestrian access and at other points where the Zoning Officer agrees that a barrier is not necessary. The Zoning Officer may determine that a screen along the street or lot lines is not necessary for the protection of the adjacent uses, regardless of the type. 4. Within any outdoor parking area, a landscaped open space having an area of not less than 10% of the outdoor parking area on the lot shall be provided. A minimum of one-half of the required landscaped open space shall be located in the interior of the parking area. § 12 513 Screening of Dum~sters Where any commercial enterprise makes use of outside refuse dumpsters, trash or recycling bins or containers, all such facilities shall be located within an enclosure sufficient to screen such containers from sight from all adjacent properties and from any adjacent rights-of--way. i --: SECTION 3. Section 302, Part 3 of Chapter 27 of the Township of Hampden Code '-`-" of Ordinances as originally enacted and ordained on July 3, 1984, being a part of the _30 ~ .- ~ ~ Hampden Township Zoning Ordinance as codified, is hereby amended by adding thereto the following subsections: X02 Zoning IyIaT 13 Changes of Zoning Districts (C-G to C-Ll: a. The C-G Commercial General District as shown on the Zoning Map of Hampden Township is hereby decreased by deleting therefrom all those four (4) certain areas of land more fully described in paragraph c. below, said areas of land being hereafter designated, reclassified and rezoned to be included in and added to the C-L Commercial- Limited District. b. The C-L Commercial-Limited District is hereby increased and constituted by adding thereto and hereafter including therein all those four (4) certain areas of land more fully described in paragraph c. hereinbelow. c. The following four (4) described areas of land situated in the Township of Hampden, Cumberland County, Pennsylvania, are hereby reclassified and rezoned from the C-G Commercial-General District to the C-L Commercial-Limited District: (1) All that certain portion of the existing C-G Commercial-General Zoning District located on the north side of and along Carlisle Pike extending eastwardly from Skyport Road as the western terminus of said change and extending to its eastern terminus east of St. John's Church Road. (2) All that certain portion of the existing C-G Commercial-General Zoning District located on both the north and south sides of and along Market Street extending westwardly from the eastern Township municipal boundary line to its terminus at the intersection of 38th Street with Market Street. (3) All that certain portion of the existing C-G Commercial-General Zoning District located on the south side of and along Market Street and Carlisle Pike extending westwardly from Oak Avenue to its terminus at the intersection of Carlisle Pike with the eastbound lanes of PA Route No. 581. .3/~ • (4) All that certain portion of the existing C-G Commercial-General Zoning District located generally at the southwest corner of the Township, extending eastwardly from the western Township municipal boundary line to the eastern terminus of said existing district. (5) All that certain portion of the existing C-G Commercial-General Zoning District which is bounded on the east by the common municipal boundary line between this Township and the Borough of Camp Hill, on both the north and south sides of Trindle Road, extending to its western terminus at the intersection of said Trindle Road with PA Route No. 581. 14. Changes of Zoning Districts - o -11• a. The R-S Residential Suburban District as shown on the Zoning Map of Hampden Township is hereby decreased by deleting therefrom all that certain area of land more fully described in paragraph c. below, said area of land being hereafter designated, reclassified and rezoned to be included in and added to the C-L Commercial-Limited District. b. The C-L Commercial-Limited District is hereby increased and constituted by adding thereto and hereafter including therein all that certain area of land more fully described in paragraph c. hereinbelow. c. The following described area of land situated in the Township of Hampden, Cumberland County, Pennsylvania, is hereby reclassified and rezoned from the R-S Residential Suburban District to the C-L Commercial-Limited District: All that certain portion of the existing R-S Residential-Suburban Zoning District, being Cumberland County Real Estate Tax Assessment Parcel No. 10-21-277-75, bounded on the west by St. John's Church Road, on the south by Chestnut Street, on the north by the southern boundary of the existing C-G Commercial-General District (to be changed to C-L Commercial-Limited District hereinabove) and on the east by the eastern property line of said Parcel No. 10-21-277-75. _~/~ • • 15. Changes of Zoning Districts (~-T to ~: a. The R-T Residential-Towne District as shown on the Zoning Map of Hampden Township is hereby decreased by deleting therefrom all that certain area of land more fully described in paragraph c. below, said area of land being hereafter designated, reclassified and rezoned to be included in and added to the C-L Commercial-Limited District. b. The C-L Commercial-Limited District is hereby increased and constituted by adding thereto and hereafter including therein all that certain area of land more fully described in paragraph c. hereinbelow. c. The following described area of land situated in the Township of Hampden, Cumberland County, Pennsylvania, is hereby reclassified and rezoned from the R-T Residential-Towne District to the C-L Commercial-Limited District: All that certain portion of the existing R-T Residential-Towne Zoning District, comprised of Cumberland County Real Estate Tax Assessment Parcel Nos. 10-21- 279-52D, 10-21-279-207, 10-21-279-207A and 10-21-279-207B, being located generally on the east side of South Sporting Hill Road, on the south side of PA Route No. 581, and bounded on the east and south by the eastern and southern boundary lines of the property owned by this Township, being Tax Parcel No. 10-12-279-207B. SECTION 4. The following new Section 1812 is hereby added to Part 18, Conditional Uses, of Chapter 27 of the Township of Hampden Code of Ordinances as originally enacted and ordained on July 3, 1984 (and as said Code has been subsequently amended), being a part of the Hampden Township Zoning Ordinance: Section 1812. Senior Citizen Housing. Where senior citizen housing is permitted as a conditional use, the following standards and criteria shall apply: (1) Public sewer and public water shall have adequate available capacity to meet the projected needs of the development. .~ l~ ~ • (2) A facility which is designed for the elderly must incorporate necessary safety ~; and convenience features. In general, the site amenities are more critical than for multi- family projects since the elderly spend nearly all their time at the complex. (3) In addition to local government regulations, all applicable county, state and federal government regulations shall be complied with. (4) The Board may attach certain conditions to its approval in order to preserve and protect the character of the zoning district and the health, safety and welfare of the public. SECTION 5 Except only as amended, modified and changed by the present Ordinance, the Hampden Township Zoning Ordinance as codified shall remain in all other respects in full force and effect. SECTION 6. This Ordinance shall become effective in accordance with applicable law. DULY ENACTED AND ORDAINED this 7th day of December 1993, by the Board of Commissioners in and for the Township of Hampden, Cumberland County, Pennsylvania, in public session lawfully assembled. OWNSHIP OF HAMPDEN J f ~, B ~~~~ r y: / 1 President, Board of Commissioners ATTEST: ~ ~ q i Township Secretary (SEAL) 9320.doc ~3 /_3 .~ ZONING C)RDINANCE HAMPDEN TOWNSHIP Cumberland County Pennsylvania Ordinance 84-2 March 29, 19$4 As Revised Through August 28, 1986 .3I ~- ~ ~ CHAPTER 27 ZONING Part 1 Purpose, Jurisdiction and General Provisions r §101. Purpose §102. Community Development Objectives §103. Grant of Power §104. Applicability §105. Short Title Part 2 Definitions §201. Interpretation §202. Definitions §203. Specific Words and Phrases -----~--- §204. Construction Part 3 Designation of Districts §301. Purpose §302. Zoning Map §303. District Boundaries §304. Interpretation of Boundaries Part 4 F-P, Flood - Plain §401. §402. -~ §403. §404. §405. General Provisions Establishment of Flood Zoning Areas Area Provisions Special Exceptions and Variances - Additional Factors to be Considered Development Which May Endanger Human Life - 339 - (.5 §406. Activities Requiring Special Permits §407. Existing Structures in Flood Plain Areas §408. Definitions Part 5 F-S-C, Forest - Slope - Conservation District §501. Purpose §502. Use Regulations §503. Conditional Uses §504. Building Height Limit §505. Lot Area and Width §506. Lot Coverage §507. Yards §508. Land Conservation Requirements §509. Off-Street Parking Part 6 R-C, Residential - Country §601. Purpose §602. Permitted Uses §603. Conditional Use §604. Building Height Limit §605. Lot Area and Width §606. Lot Coverage §607. Yards §608. Side Yards of Corner Lots §609. Off-Street Parking Part 7 R-S, Residential - Suburban §701. Purpose §702. Permitted Uses §703. Conditional Uses §704. Building Height Limit §705. Lot Area and Width §706. Lot Coverage §707. Yards §708. Side Yards of Corner Lots §709. Off-Street Parking -340- • • Part 8 R-T, Residential - Towne §801. Purpose §802. Permitted Uses §803. Conditional Use §804. Building Height Limit §805. Lot Area and Width §806. Maximum Density §807. Lot Coverage §808. Yard Regulations §809. Apartments §810. Side Yards of Corner Lots §811. Off-Street Parking Part 9 0-P, Office - Park §901. Purpose §902. Procedural Requirements §903. Permitted Uses §904. Height Restrictions when Abutting a Residential District §905. Height Restrictions when not Abutting a Residential District §906. Lot Area and Width §907. Lot Coverage §908. Yard Regulations §909. Building Spacing §910. Buffer Yards §911. Accessory Buildings §912.. Off-Street Parking Part 10 A-0, Apartment - Office s §1001. Purpose §1002. Procedural Requirements §1003. Permitted Uses §1004. Conditional Uses §1005. Building Height Limit §1006. Lot Area and Width §1007. Lot Coverage §1008. Yard Regulations for Non-Residential Uses §1009. Yard Regulations for Residential Use §1010. Multiple Buildings - Open Space §1011. Buffer Yards §1012. Accessory Buildings §1013. Off-Street Parking - 341 - _s 1/ Part 11 A-OL, Apartment - Office Limited §1101. Purpose §1102. Procedural Requirements §1103. Permitted Uses §1104. Building Height Limit §1105. Lot Area and Width §1106. Lot Coverage §1107. Yard Regulations §1108. Multiple Buildings - Open Space §1109. Buffer Yards §1110. Accessory Buildings §1111. Off-Street Parking Part 12 C-G, Commercial - General §1201. Purpose §1202. Procedural Requirements §1203. Permitted Uses §1204. Restrictions on Permitted Uses §1205. Building Height Limit §1206. Lot Area and Width §1207. Lot Coverage §1208. Yard Regulations §1209. Buffer Yards §1210. Accessory Buildings §1211. Off-Street Parking Part 13 C-PL, Commercial - Park Limited §1301. Purpose §1302. Procedural Requirements §1303. Permitted Uses §1304. Conditional Uses §1305. Building Height Limit §1306. Lot Coverage §1307. Lot Area and Width §1308. Yard Regulations §1309. Buffer Yards §1310. Accessory Buildings §1311. Off-Street Parking -342- Part 14 I-G, Industrial - General §1401. Purpose §1402. Procedural Requirements §1403. Permitted Uses §1404. Conditional Uses §1405. Building Height Limit §1406. Lot Area and Width §1407. Open Space §1408. Yard Regulations §1409. Control of Dust and Dirt, Fumes, Vapors and Gases §1410. Glare and Heat Control §1411. Vibration Control §1412. Control of Radioactivity, Electrical or Radio Disturbance §1413. Storage and Waste Disposal §1414. Off-Street Parking Part 15 P - R - D, Planned Residential Development • §1501. Purpose §1502. Establishment of a District §1503. Tentative Review and Approval §1504. Final Approval §1505. Plans for Tentative Approval §1506. Plans for Final Approval §1507. Permitted Uses §1508. Density §1509. Setbacks §1510. Building Height §1511. Minimum Plot §1512 Interior Yards §1513 Vegetative Cover §1514. Recreation Areas §1515. Commercial §1516. General Regulations §1517. Utilities §1518. Parking Part 16 General Regulations J §1601. Animals and Poultry §1602. Buffer Yards and Screen Planting §1603. Motor Vehicle Service Station and Automobile Washing (Car Wash) Access - 343 - 31~ §1604. Site Plan - Highway Access §1605. Classification of Annexed Areas §1606. Courts §1607. Fire Escapes §1608. Fences §1609. Gardening §1610. Obstructions to Vision §1611. Outdoor Lighting §1612. Projections in Yards §1613. Storage in Yard Prohibited §1614. Special Provisions for Street and Highway Widening §1615. Swimming Pools, Private §1616. Waste and Sewage Disposal §1617. Yard Planting §1618. Excavation and Fill §1619. Increased Lot Size Part 17 Special Standards §1701. Special Standards §1702. Automobile Service Stations §1703. Natural Production Uses §1704. Manufacturing §1705. Public Utility Facilities §1706. Habitable Floor Area §1707. Motels §1708. Mobile Home §1709. Schools, Hospitals, Churches and Other Public and Municipal Buildings §1710. Yards §1711. Drainage §1712. Keeping of Horses §1713. Roadside Stands §1714. Recreation Facilities, Private Part 18 Conditional Uses §1801. General Standards §1802. Specific Standards §1803. Safeguards §1804. Cemeteries §1805. Transformer Sub-Stations §1806. Mobilehome Parks §1807. Resort Hotels and Resort Motels §1808. Hospitals, Nursing Homes, and Sanitariums - 344 - §1809. Greenhouses and Nurseries §1810. Truck Terminals and Warehouses §1811. Golf Courses, Country Clubs and Campgrounds Part 19 Off-Street Parking, Loading and Unloading ,, §1901. §1902. §1903. §I904. §1905. General Regulations Parking Facilities Required Public Rights-of-Way Excluded Loading and Unloading Space Design Standards Part 20 Non-Conforming Buildings and Uses §2001. General §2002. Continuation §2003. Alterations and Reconstruction §2004. Extensions, Expansions and Enlargements §2005. Change of Use §2006. Abandonment and Discontinuance §2007. Registration Part 21 Enforcement and Administration §2101. Zoning Hearing Board §2102. Zoning Appeals to Court §2103. Zoning Officer §2104. Permits §2105. Application for Conditional Uses §2106. Application for Special Exceptions §2107. Fees §2108. Inspection and Enforcement §2109. Certificate of Use §2110. Violations §2111. Penalties §2112. Remedies §2113. Appeals and Applications - 345 - ~~1 Part 22 Interpretation §2201. Conflict with Other Laws §2202. Effective Date -346- r~ (27, §101) Part 1 Purpose, Jurisdiction and General Provisions (27, §101) §101. Purpose. The fundamental purpose of this Chapter is to promote the public safety, health, morals, convenience and general welfare; to encourage the most appropriate use of land throughout the Township; to conserve and stabilize the value of property; to prevent overcrowding of land and buildings; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate open spaces for light and air; to facilitate adequate provision of streets and highways, water, sewerage, drainage and other public facilities; to conserve life, property and natural resources; and to conserve the expenditure of funds earmarked for public improvement. (Ord. 84-2, 3129/1984, §100) §102. Community Development Objectives. This Chapter is designed to provide a legal basis and framework to the future land use plan and development goals established in the Comprehensive Plan. The objectives guiding future growth and improvement of existing development within the Township are to promote the most economical and efficient provision of municipal services; eliminate hazardous and detrimental land uses while encouraging beneficial and compatible land use; maintain a healthful residential environment with adequate recreational, commercial and industrial supporting areas; protect and conserve open spaces, drainage ways and flood plains and in general avoid the problems of random development by establishing Township-wide goals and objectives. (Ord. 84-2, 3/29/1984, §101) §103. Grant of Power. The Pennsylvania Municipalities Planning Code (Act 247 of 1968) authorizes the Hampden Township Board of Commissioners to implement comprehensive plans or accomplish any of the purposes of said Act 247 by enacting a Zoning Ordinance. (Ord. 84-2, 3/29/1984, §102) §104. Applicability. This Chapter provides that, within Hampden Township in the County of Cumberland of the Commonwealth of Pennsylvania, no land, body of water, or structure shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations and procedures herein specified for the district in which such land, body of water or structure is located. (Ord. 84-2, 3/29. 1984, §103) §105. Short Title. This Chapter shall be known and may be cited as the Hampden Township Zoning Ordinance. (Ord. 84-3, 3/29/1984, §104) - 347 - _~ / • • (27, §201) (27, §201) Part 2 Definitions §201. Interpretation. As used in this Chapter, words expressed in their singular include their plural meanings, and words expressed in their plural include their singular meanings. The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual. The words "building" and "street" are used generally and shall be construed as if followed by the phrase "or part thereof". The word "may" is permissive; the words "shall" and "will" are mandatory. Words used in the present tense include the future tense. The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied." (Ord. 84-2, 3/29/1984, §200) §202. Definitions. The words or phrases set forth in this Chapter shall have the meanings ascribed to them in this Part 2, except where the context clearly indicates a different meaning. Any word or term not defined herein shall be deemed used under a common definition or meaning. (Ord. 84-2, 3/29/1984, §201) §203. Specif is Words and Phrases. Accessory Building - A building detached from, subordinate to, and on the same lot with the main building, and used for purposes customarily incidental thereto. Access Drive - A paved surface, other than a street, which provides vehicular access for the public from a street or private road to a lot. Accessory Use - A use on the same lot with and customarily incidental to any of the permitted uses. Agent - Any person who, acting for the developer, submits plans to the Building or Zoning Official, the Planning Commission or the Township Board of Commissioners, for the purpose of obtaining approval thereof of a permit of any kind. Agriculture - The use of land for farm purposes. Alley - A minor way, whether or not legally dedicated, intended and used primarily for vehicular service access to the rear of properties which abut on a street, and not intended for the purpose of through vehicular w traffic. Alterations, Minor - 1. All incidental changes or replacement in the non-structural parts of a building or other structure. - 349 - ,~ -~~ (27, §203, cont'd) (27, §203, cont'd) 2. Changes or replacement in the structural parts of a building or other structure, limited to the following examples and others of similar extent: A. Alteration of interior partitions to improve livability in residential buildings, provided no additional dwelling units are created. B. Alteration of interior partitions in all other types of buildings or other structures. C. Making or enlarging windows or doors in exterior walls. D. Strengthening the load bearing capacity in not more than ten (10) per cent of the total floor area to permit the accommodation of a specialized unit of machinery or equipment. Alterations, Structural - Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, other than those defined as minor alterations. Amendment - A change in use in any district which includes revisions to the text of this Chapter and/or the Zoning map of Hampden Township. Animal Hospital - A building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl under medical care by a veterinarian. Apartment - A dwelling unit within a multiple dwelling, but not including a conversion apartment. Apartment Building - A building containing more than three (3) dwelling units, and having common entrances and halls. Apartment, Conversion - A dwelling unit within a multiple dwelling formed by the conversion of an existing single-family detached or semi-detached dwelling. Apartment Hotel - A hotel which contains both dwelling units and individual guest rooms or suites of rooms. .Applicant - Any person who submits plans, data or applications to the Zoning Officer or other designated Township Official for the purpose of obtaining any approval or permit. Application for Development - Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development including but not limited to an application for a building - permit, for the approval of a subdivision plat or plan, or for approval of a development plan. -350- • • (27, §203, cont'd) (27, §203, cont'd) Area, Building - The total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps: Area, Lot - The area contained within the property lines of an individual parcel of land, excluding any area within alley or street rights-of-way but including the area of any other easement. Area, Floor - The sum of the areas of all floors of a building or structure, measured from the exterior faces of the walls, but not including ' cellars, unenclosed porches and attics not used for human occupancy, floor space in an accessory building, and floor space in the main building to the extent intended or designed for the parking of motor vehicles to meet the off-street parking requirements of this Ordinance, or for heating and ventilating equipment. Area, Site - The total area of a proposed development, regardless of the interior Iot lines or proposed lots, streets or easements. Automobile - A motor vehicle, except a motorcycle, designed for carrying ten (10) passengers or less, and primarily used for the transportation of persons. Automobile Garage - An accessory building or integral portion of a dwelling unit used primarily for the storage of one or more automobiles which use is accessory and incidental to the primary use of the premises; provided that no business, occupation or service is conducted for profit therein, and that space for storage of not more than one automobile is leased to a non-occupant of the premises. In the case of a multiple dwelling, an automobile garage shall consist of an accessory or integral part of the dwelling used for storage of not more than two (2) automobiles per dwelling unit. Automobile Washing (Car Wash) - A building designed or used primarily for the washing and polishing of automobiles. Basement - A story, partly underground but having one half or more of its height (measured from floor to ceiling) above the average elevation of the ground along the perimeter of the building. Block - An area, divided into lots, and usually bounded by streets. Boarding House - Any building in which more than three persons either individually or as a family are housed or lodged for hire with or without • meals. The term "rooming house" and "furnished rooming house" may be used interchangeable with the term "boarding house", and shall have the meaning set forth in this section. Building - A combination of materials to form a permanent structure having walls and a roof, including but not limited to all mobile homes and trailers. - 351 - `~~l (27, §203, cont'd) (27, §203, cont'd) Building Coverage - The percentage of the lot or lot area covered by the building. Building, Detached - A building surrounded by open space on the same lot. Building Height - The vertical distance between the average elevation of the proposed finished grade along the entire front of the building, and the highest point of the roof for flat roofs, and the deck lines for mansard roofs, and the mean height between eaves and ridges for gable, hip and gambrel roofs, but not including chimneys, towers, spires, elevator penthouses, tanks, railings and similar projections. Building Line - A line parallel to and a sufficient distance from the front, side or rear lot line so as to provide the required yard. Building, Main - The building in which the principal use of the lot is conducted. Building Setback Line - A line parallel to the lot or property lines designating the minimum distance from said lot or property lines that a building may be erected under the various land requirements of this Ordinance. Came - .Land, and any buildings thereon, used for an assembly of persons for what is commonly known as "day camp" purposes not for profit, whether occupied by adults or children, as individuals, families or groups. Camping Ground - A parcel of land used or intended to be used by campers for seasonal, recreational or other similar temporary living purposes associated with the use of buildings of a movable, temporary or seasonal nature, such as cabins, tents or shelters, but not including a mobile home park. Carport - An open space for the parking or storage of only those automobiles owned or leased by the occupants of the main building to which the carport is an extension or is accessory whether or not covered by a roof and whether or not it has a wall or walls. Cartway - The portion of a street or alley improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder. Cellar - A story, partly underground and having more than one half of its height (measured from floor to ceiling) below the average elevation of ' the ground along the perimeter of the building. Cemetery - A burial place or ground, a graveyard, including mausoleums, crematories and columbariums. -352- (27, §203, cont'd) (27, §203, cont'd) Club House - A building housing a fraternal lodge or social or recreation organization not conducted for private profit, and not an adjunct to, or operated by or in connection with a tavern, cafe or other public place. Common Open Space - A parcel or parcels of land or an area of water, or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas and areas set aside for public facilities. Common open space shall be substantially free of structures 1 buy may contain such improvements as are in the development plan as finally approved and as are appropriate for the recreation of residents. Comprehensive Plan - The complete plan for the continuing development and redevelopment of Hampden Township, as recommended by the Planning Commission, adopted by the Township Commissioners, and currently in effect. Conditional Use - A use which is permitted in one or more zoning districts pursuant to applicable conditions, standards and criteria expressed in this Ordinance, upon the recommendation of the Planning Commission and upon the approval of the Township Commissioners. Convalescent Home - A building in which accommodations are provided for the full-time care of aged, disabled, infirm or invalid persons. The term "nursing home" may be used interchangeably with the term "convalescent home," and shall have the meaning set forth in this section. County - The County of Cumberland, Pennsylvania. County Planning Commission - The Planning Commission of the County of Cumberland. Court - An unoccupied open space, other than a yard, on the same lot with a building, and bounded on two or more sides by the walls of such building. Court, Inner - A court enclosed on all sides by walls. Court, Outer - A court enclosed on not more than three sides by walls with one side open to a street, driveway, alley or yard. Cross Walk - A right-of-way, publicly or privately owned, intended to furnish access for pedestrians. Cul-De-sac - A minor street intersecting another street at one end and terminated at the other by a vehicular turnaround. Curb Level - For an interior lot, the mean level of the curb in front of the building or portion thereof. For a corner lot, the mean level of the curb on the street of the greatest cartway width, where it abuts the lot. Where no curb line has been established or where the building does - 353 - ~3 z z (27, §203, cont'd) (27, §203, cont'd) not abut the street or is built upon a terrace, the average elevation of the street where it abuts the lot, or of the ground, along the perimeter of the building, as applicable. Designated Floodplain Areas - A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation in a 100-year flood as designated in Part 4 of this Chapter. Developer - Any landowner who makes or causes any development of a tract or parcel of land or a lot. Development - Any man-made change to improved or unimproved real estate, including but not limited to the construction or placement of buildings or other structures, mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation, or drilling operations, and the subdivision of land. Development Plan - The provisions for a development including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open-space and public facilities. The phrase "provisions of the development plan" when used in this act shall mean written and graphic materials referred to in this definition. District Zone - All areas and improvements within the boundaries designated on the Zoning Map. The terms "district", "zoning district" and "zoning classification" may be used interchangeably with the term "district zone," and shall have the meaning set forth in this section. Dog Kennel - The keeping of more than four (4) dogs for breeding, hunting, boarding, or sale, provided that the keeping of litters of puppies not exceeding six (6) months in age shall not constitute a dog kennel. Domestic Animal - An animal which is commonly kept within the household as a pet, including a dog, cat, parakeet, and hamster. "Domestic animal" does not include animals which can be or have been domesticated but which are not commonly regarded as pets. Dormitory - A building occupied by a maintained exclusively for housing faculty, students, employees, staff members and other persons affiliated with a school, church, recreational or educational facility or other recognized institution. Double Frontage Lot - An interior lot which abuts street in both the front and the rear. - Driveway - A private vehicular passageway providing access between a street and a private parking area or private garage. - 354 - r (27, §203, cont'd) • (27, §203, cont'd) Dump - A parcel of land used primarily for the disposal by abandonment (including dumping, burial, burning or any other means and for whatever purpose) of garbage, sewage, trash, refuse junk, discarded machinery, vehicles or part thereof, or waste material of any kind. Dwelling - Any building which is designed for human living quarters, but not including hotels, boarding houses, tourist cabins, motels and other accommodations used for transient occupancy. Dwelling Unit - An independent housekeeping unit consisting of living quarters of one or more rooms arranged for use by one or more individuals with cooking, living, sleeping and sanitary facilities. Dwelling Group - One or more buildings containing dwelling units and constituting two or three sides of a court which opens onto a street. Dwelling, Multiple - A building containing three or more dwelling units. Dwelling, Single-Family Attached - A building used by one (1) family and having two (2) party wall= in common with other buildings, such as a row house or townhouse. Dwelling, Single-Family Detached - A building containing one dwelling unit, and having no party wall in common with an adjacent building. Dwelling, Single-Family Semi-Detached - A building containing one dwelling unit, and having a party wall in common with an adjacent building. Dwelling, Two Family Detached - A building containing two dwelling units with one dwelling unit being wholly or partly above the other which has no party wall in common with an adjacent building and which may or may not have a common entrance. Dwelling, Two-Family Semi-Detached - A building containing two dwelling units with one dwelling unit being wholly or partly above the other, which has a party wall in common with an adjacent building, and which may or may not have a common entrance. Engineering Specifications - The engineering criteria of the Township regulating the installation of any improvement or facility. Electric Substation - An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public. ` Family - One or more persons who live in one dwelling unit and maintain a common household, whether or not related by blood, marriage or adoption. The term family, may include domestic servants and gratuitous guests, but does not include members or occupants of a club, fraternity or boarding house. - 355 - 5Z3 (27, §203, cont'd) (27, §203, cont'd) Farm - Any parcel of land which is gainfully used in the raising of agricultural products, livestock, poultry and dairy products, including necessary farm structures and equipment, but excluding land used in the raising of fur-bearing animals or for riding academies, livery or boarding stables, or dog kennels. Fence - Any structure constructed of wood, metal, wire, mesh, masonry .- or any combination thereof, including afree-standing masonry wall, erected _' for the purpose of separating or screening one property from another, to assure privacy, protect property, or for containment. _ Flood - A temporary inundation by water of normally dry land areas. Floodway District - See Part 4 of this Chapter. Flood Fringe District - See Part 4 of this Chapter. Floor Area, Building - The sum of the gross horizontal areas of all floors of a building or structure and its accessory buildings on the same lot, excluding cellar and basement floor areas not used as primary living, sleeping or business areas, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls. Floor Area, Habitable - The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen and bedroom, but not including hallways, stairways, cellars, attics, service or utility rooms, bathrooms, closets or unheated areas such as enclosed porches. The floor area of a habitable room shall have a ceiling height of at least seven feet, and that portion of a room which has ceiling height of less than five feet shall not be considered part of the habitable floor area. Floor Area, Retail Net - All that space used by customers and retail employees to consumate retail sales, and to include display areas used to indicate the variety of goods available for sale but not to include office space, storage space and other general administrative areas. Frontage, Block - The number of lineal feet of land abutting upon a street, measured between two parallel intersecting streets. Garage, Public - A building or portion thereof, other than an automobile garage, designed for servicing, repairing, equipping, renting, selling or storing motor vehicles. Governing Body - The Board of Commissioners of this Township. Grade, Finished - The completed surfaces of lawns, walks or streets brought to the grades shown on official plans, drawings or designs relating thereto. Ground Floor - The floor of a building closest to the average elevation of the finished grade along the entire front of the building. - 356 - (27, §203, cont'd) (27, §203, cont'd) Height of Building - The vertical distance between the average eleva- tion of the proposed finished grade along the entire front of the building, and the highest point of the roof for flat roofs, the deck lines for mansard roofs, and the mean height between eaves and ridges for gable, hip and gambrel roofs, but not including chimneys, towers, spires, elevator penthouses, tanks, railings and similar projections. Hospital - Sanitarium, preventorium, clinic or any other place having as its primary purpose the diagnosis, treatment or other care of human ailments, and having facilities to carry out such treatment or care on a full-time basis and duly licensed as a hospital by the Commonwealth of Y Pennsylvania or its agencies. Hotel - A building consisting of not less than 15 lodging rooms for designed or occupied primarily as the temporary place of abode of indivi- duals who are lodged for compensation (with or without meals) in which provisions for cooking are generally not made in individual rooms or suites. Hotel, Residential - A hotel which is occupied by permanent guests and which may or may not have housekeeping facilities for each room or suite of rooms. Impervious Material - Any substance placed on a lot which covers the surface in such fashion as to prevent natural absorbtion of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, paved driveways and parking areas, swimming pools and other non-porous structures or materials. ___._._ (Ord . 85-4) Industrial Park - A tract of land laid out in accordance with an overall plan for a group of industries, having separate building sites designed and arranged on streets, utility services, setbacks, side yards, landscaped yards and convenants controlling or restricting uses and the architecture or design of buildings and structures. Junk Yard - Any lot, land, structure or part thereof which is used primarily for the collection, storage or sale of waste paper, rags, scrap metal or discarded material, or for the collection, dismantling, storage, salvaging or sale of machinery, vehicles or parts thereof not in running condition. Land Development - The improvement of one lot, or two or more conti- guous lots, tracts or parcels of land for any purpose involving: 1. A group of two or more building or the division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features. 2. The term "Land Development" shall also include the plot plan for a mobile home park as defined in the ordinance. Landowner - The legal, equitable or beneficial owner or owners of land, including the holder of an option or contract to purchase for a lump sum or over installments (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than forty years, or any other person having a proprietary interest in land. Revised 4/2/1985 - 357 - ~~ (27, §203, cont'd) (27, §203, cont'd) Line, Street - The dividing line between a street and a lot or land abutting the street, also known as a right-of-way line. Lodging House - A building or a portion thereof which contains not more than one dwelling unit where lodging without meals is provided for three or more persons in addition to the family living in.the dwelling unit, but not including a hotel, apartment hotel, or residential hotel. Lot - A parcel of land, the characteristics of which comply with the land development and subdivision regulations of this Township or by lawful _ exception therefrom. Lot, Corner - A lot abutting upon two or more streets at their inter- section, the front of which shall have not less than the minimum width required in the appropriate zoning district. Lot Coverage - The area of any lot covered by impervious material. (Ord. 85-4) Lot Depth - The average distance between the street line and the rear lot line. Lot, Double Frontage - An interior lot which abuts streets in both the front and rear. Lot, Interior - A lot having side lot lines which do not abut on a street. Lot, Nonconforming - A lot which does not conform to the area or dimension requirements of the district zone in which it is located. Lot, Reverse Frontage - A lot which abuts upon both a collector street and an arterial street with vehicular access limited to the former. Lot, Minimum Width (Front) - The distance between the side lot lines measured at the building set-back line, unless otherwise provided in this Ordinance. Lot Line - A boundary line of a lot. Lot Line, Rear - A lot line which is parallel to or within forty-five degrees of being parallel to the front line. In the case of a lot of an odd shape, the lot line furthest in average distance from the front line. Lot Line, Side - Any lot line which is neither a front line nor a rear lot line. Manufacturing - The processing and/or converting of raw unfinished materials or finished materials or products, or any combination of them, into an article or substance of different character, or for use for a different purpose. In addition to the foregoing, the term "manufacturing" shall include industries furnishing labor in manufacturing or in the refinishing of manufactured articles. - 358 - Revised 4/2/1985 (27, §203, cont'd) i (27, §203, cont'd) Major Thoroughfares - A street or highway which constitutes an existing or planned principal rqute of travel. Major Thoroughfare, Restricted or Limited Access - A major thoroughfare or part thereof witr. respect to which the location and manner of access from abutting property and other streets is. limited by the Township or the Pennsylvania Department of Transportation. Mobile Home - A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. It is the original construction used without a permanent foundation. It is the original construction which determines whether or not a building or structure is a "mobile home", and a mobile home shall not lose its identity as such by being placed upon a permanent foundation or by otherwise being permanently affixed to the ground, or by being given other attributes of permanency of location. Mobile Home Lat - A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home which is leased by the park owner to the occupants of the mobile home erected on the lot. Mobile Home Park - A parcel of land under cc-mon ownership which has been planned non-transient are rented or and improved for the placement o~ mobile homes for use, consisting of two or more mobile home lots, which leased but not sold or otherwise subdivided. lots Modular Housing - A dwelling unit assembled or partially assembled away from the site on which it will be located and produced as a standardized unit. Motel - A building or group of buildings, whether detached or in connected units, containing individual sleeping or dwelling units designed and used primarily for transient automobile travelers, together with accessory off-street parking facilities. The terms "automobile court," "tourist court," "motor lodge," and "motor hotel" shall be used interchangeably with the term "motel," and shall have the meaning set forth in this section. Motor Vehicle - A device which is self-propelled (except one which is propelled solely by human power) in, upon or by which any person or property is or may be transported or drawn upon a street or highway. Motor Vehicle Body Shop - A building used primarily for the repair or painting of bodies, chasses, wheels, fenders, bumpers or accessories of motor vehicles and replacement of body parts. - 359 - ,.~s (22, §203, cont'd) (22, §203, cont'd) Motor Vehicle Repair Garage - A building designed or used primarily for mechanical or body repairs, storage and rental of motor vehicles. (Ord. 85-4) Motor Vehicle Service Station - A building designed or used primarily for the retail sale of gasoline, oil, or other fuel, or for cleaning or servicing of motor vehicles. Motor Vehicle or Mobile Home Sales Garage - A building designed and used primarily for the display or sale of new or used motor vehicles or mobile homes. Motor Vehicle or Trailer Sales Lot - An open lot used primarily for the outdoor display or sale of new or used motor vehicles or mobile homes. Motor Vehicle Wrecking - The dismantling or wrecking of motor vehicles, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. _Nonconforming Building or Structure - A building or structure or part thereof manifestly not designed to comply with the applicable use provisions of this Ordinance, where such building or structure lawfully existed prior to the enactment of this Chapter, Non-conforming structures include, but are not limited to, non-conforming signs. Nonforming iJse - A use, whether of land or of a building or structure, which does not comply with the applicable use provisions of this Ordinance, where such use was lawfully in existence prior to the enactment of this Chapter. Occupancy Permit - A permit stating that all work indicated on a building permit has been satisfactorily completed or, in cases not involving construction, that a proposed new use if in conformity with this Ordinance, and that the building or lot may be occupied for that use. Office Building - A building designed or used primarily for office purposes, no part of which is used for manufacturing or for dwelling purposes other than living quarters for a watchman or janitor. Office, Professional - A room or rooms used for the carrying on of a profession. Open Pit Minim - Open pit mining shall include all activity which removes from the surface or beneath the surface of the land some material, mineral resource, natural resource, or other element of economic value, by means of mechanical excavation necessary to separate the desired material from an undesirable one, or to remove the strata or material which overlies or is above the desired material in its natural condition and position. Open pit mining includes, but is not limited to, the excavation necessary to the extraction of sand, gravel, rock, topsoil, limestone, sandstone, coal, clay, shale and iron ore for commercial or industrial consumption. - 360 - Revised 4/2/1985 (27, §203, cont'd) (27, §203, cont'd) Open Space - Unimproved land open to the sky on the same lot with a building. Park - A parcel of land designed for outdoor enjoyment that is open or free of play areas but may include such facilities as bicycle trails, hiking paths, family picnic areas, etc. Parking Lot - The space within a building on a lot containing parking spaces with ingress and egress limited by entrance and exit drives. Parking Space - The space within a building or on a lot or parking lot for the parking or storage of one motor vehicle off the right-of-way of a public street or road Person - An individual, partnership, corporation, or other legally recognized entity. Planned Residential Development - A group of dwelling units together with public services, open space and recreation areas, erected on an area of land controlled by a landowner, conforming to density, lot coverage, open space and other requirements as specified by this ordinance. Planning Commission - Unless clearly indicated otherwise, the Planning and Zoning Commission of the Township of Hampden, or its successor. Plan Review Board - A group or body established and created by ordinance or resolution, and having the membership, powers and duties `set forth therein. Plan, Sketch - An informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision or use. Plat - A map or plan of a subdivision or use indicating the location and boundaries of individual properties. Plat, Final - A complete and exact plat prepared for official recording as required by statute. Plat, Preliminary - A tentative plat, in lesser detail than the final plat, indicating the approximate proposed layout of a subdivision or use as a basis for consideration prior to preparation of the final plat Playfield - A parcel of land developed with recreational facilities limited to field sports (baseball, football, softball, etc.) Playground - A parcel of land used for recreational activities and ` containing recreational facilities such as play apparatus and courts (basketball, tennis, etc.) Porch - A roofed, open structure projecting from the side, front or rear wall of a building, other than a carport. - 361 - 2(c (27, §203, cont'd) (27, §203, cont'd) Private - Not owned, operated or controlled by a government agency. Private Road - An easement or right-of-way not dedicated for public use which provides access to a lot in private ownership. Public - Owned, operated, or controlled by a government agency. Public Notice - Notice given not more than thirty days and not less -~ than fourteen days in advance of any public hearing required by this ordinance. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than thirty days or less than fourteen days from the date of the hearing. Suarry, Sand Pit, Gravel Pit, Borrow Pit - Land or part thereof from which stone, sand, clay, gravel or topsoil is or are extracted primarily for sale or commercial or industrial consumption, but not including a lot which is graded in preparation for the construction of a building for which application for a building permit has been made. Recreation Area - An area of land, buildings, or structures used for any legal form of play, amusement, or relaxation. Recreational Vehicle - A currently licensed boat trailer (with boat thereon), travel trailer, motorcoach, towing trailer for snowmobiles or ~ motorcycles (with snowmobiles or motorcycles thereon), but shall not include a mobilehome. Regulatory Flood - The flood that has one chance in one hundred (or a one percent chance) of being equalled or exceeded in any year. For the purposes of this ordinance, the one hundred year flood (base flood) is defined by the Federal Insurance Administration, U.S. Department of Housing and Urban Development, in Flood Insurance Study, Township of Hampden, Cumberland County, Pennsylvania. - 362 - • ` (27, §203, cont'd) (27, §203, cont'd) Regulatory Flood Elevation - The elevation of the regulatory flood at a point. Riding Academy - An establishment where horses are kept for riding or driving, or are stabled for compensation, or incidental to the operation of a club, association, ranch, or similar establishment. Roadside Stand - A temporary structure for the seasonal vending of agricultural products grown on the premises where said stand is maintained. -~ Sanitarium, Sanitorium - A private hospital, whether or not such facility is operated for profit. School - A non-profit educational institution, either public or private, where the course of instruction parallels the requirements of the Department of Education of the Commonwealth of Pennsylvania for public elementary and/or secondary schools, and, in the case of a private school, such institution shall have complied with the registration requirements of the Department of Education and adhere to the attendance laws of the Commonwealth of Pennsylvania. School, College - An educational institution either public or private, having regular sessions with employed instructors, and providing general education above the level of the secondary school. The term "college" includes the terms "junior college" and "university". Screen Planting - Unless otherwise indicated, a vegetative material of sufficient height and density to conceal from the view of property owners in adjoining districts, the structures and uses on the premises on which the screen planting is required. Sewer, Private - An on-lot sewage disposal system generally providing for disposal of effluent from only one building or from a group of buildings on a single lot. Sewer, Public - The municipal sewage system operated by this Township. Shopping Center - A group of retail stores planned and designed to function as a unit, and having off-street parking as an integral part of the unit. Soil Percolation Test - A field test conducted to determine the absorption capacity of soil to a specified depth in a given location for the purpose of determining suitability of soil for on-site sewage disposal. Special Exception - Permission or approval granted by the Zoning Hearing Board pursuant to applicable provisions of this Ordinance. Stable, Private - A land use or an accessory building in which horses are kept for private use and not for hire, remuneration or sale, and shall not include the boarding of horses and instruction in equestrian skills. -363- ~~ Z / (27, §203, cont'd) (27, §203, cont'd) Stable, Public - A land use or building in which horses are kept for remuneration, hire or sale. Story - The portion of any building located between the surface of any floor. and the surface of the next floor above it, or if there is no floor above it, the space between such floor and the ceiling next above it. Story, Half - A story next under a gabled, hipped or gambreled roof, the wall plates of which on at least two opposite exterior walls are not over two feet above the finished floor of such story. Street - An existing or platted way dedicated for the use of the general public, graded and paved or to be graded and paved, in order that the general public has the right to pass and to use it at all times, for all purposes of travel, transportation or parking to which it is adapted, devoted, and not otherwise restricted. The word "street" shall be synonymous with the words "road," "avenue," "highway," "parkway," and other terms commonly applied to public highways but shall not be synonymous with or construed to mean or be the same as "alley" or "private road." Street Line - The legal right-of-way line of a street or road. Street Width - The shortest distance between street lines at a given point. Street Grade - The officially established grade of the street upon which a lot fronts, or if the lot abuts upon a street on a side or in the rear, the officially established grade of such street at the midpoint of the portion of the lot abutting thereon, or if there is no officially established grade then "street grade" shall mean the existing grade of the street at the midpoint of the portion of the lot abutting thereon. Street, Collector - A street which gives minimal emphasis to travel mobility, which is characterized by low travel speeds, full land access, neighborhood penetration, and which serves minor traffic generators such as local elementary schools, small individual industrial plants, offices, commercial facilities and warehouses not served by principal or minor arterials. Street, Freeway - A limited access street designed for large volumes of traffic between communities of 50,000 residents or more and major regional traffic generators (such as central business districts, suburban shopping centers and industrial areas). Street, Interstate Highway - Limited access streets designed for traffic between major regional areas or urban communities of 50,000 residents or more; which extend beyond state boundaries, and with respect to which access and egress are limited to interchanges located and designated by the U.S. Department of Transportation. - 364 - (27, §203, cont'd) ~ (27, §203, cont'd) Street, Minor Arterial - A street which gives greater emphasis to land access, and which has a lower level of thru traffic mobility than a principal arterial, and which serves larger schools, industries, hospitals, and small commercial areas not incidentally served by a principal arterial. Street, Principal Arterial - A street which provides minimal land access but which retains a high degree of thru traffic mobility, and which serves major centers of urban activity and traffic generation. Structure - Any man-made object having an ascertainable stationary .~ location on or in land or water, whether or not affixed to the land. Subdivider - The owner of a lot, tract, or parcel of land to be subdivided under the land development and subdivision ordinances of this Township. Subdivision - The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres or residential dwellings, shall be exempted. The term "subdivision" includes land development, resubdivision and, as appropriate in these regulations, shall refer to the process of subdividing land or to the land subdivided. Swimming Pool, Private - Any reasonable permanent pool or open tank, not located within a completely enclosed building, capable of containing water to a depth at any point greater than one and one-half feet. farm pools and/or lakes are not included provided that swimming was not the primary purpose for their construction or the primary use. Telephone Exchange Building - A building and equipment therein, used or to be used for the purpose of facilitating transmission and exchange of telephone messages between subscribers, not including public business facilities, storage of outside plant materials, trucks or repair facilities, or housing for outside repair crews, Terrace - A natural or artificial embankment between a building and its lot lines, the height of which shall be the difference in elevation between the curb and the highest point of the embankment. Theater - A building or part of a building devoted to the showing of motion pictures or theatrical productions on a paid admission basis. Theater, Outdoor Drive-in - An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of motion pictures or theatrical productions, on a paid admission basis, to patrons seated in motor vehicles, or on outdoor seats. - 365 - ~5 ~ (27, §203, cont'd) (27, §203, cont'd) Tourist Cabins - A group of buildings consisting of separate cabins or a row of cabins which contain living and sleeping accommodations for transient occupancy with individual entrances. Tourist Home - A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. Travel Trailer - A vehicular portable structure built on a chassis and designed as a temporary dwelling for travel, recreational and vacation uses, having a body width not exceeding eight feet and a body length not exceeding thirty-two feet, including a self-propelled motorhome. Townhouse - A series of three, but not more than twelve, single family dwelling units attached by one or more common walls. Trailer Camp - A parcel of land under common ownership which has been planned and improved for the placement of two or more travel trailers for temporary dwelling for travel, recreation and vacation use, on travel trailer lots rented for such use. Transformer Substation - An electric substation containing an assemblage of equipment for purposes other than generation or utilization of electricity through which electric energy in bulk is passed for the purpose of switching and modifying its characteristics to meet the needs of the general public. Undeveloped Land - Any lot, tract or parcel of land which has not been graded or in any other manner improved. Use - Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a lot or tract of land. Use, Principal - The main or primary use of a lot. Variance - A modification of or adjustment to a regulation of this Chapter granted by the Zoning Hearing Board pursuant to applicable provisions of this Ordinance and the law of Pennsylvania. Vegetative Material - Unless otherwise specified, plant life of a type consistent with or commonly associated with the principal use of the lot, established by voluntary act in the manner required in this Chapter. Vegetative, Natural - Plant life indigenous to and existing in a particular location or on a particular lot by involuntary or natural growth. Watercourse - A stream of water, river, brook, creek; a channel or ditch for water whether natural or man-made. - 366 - • ' (27, §203, cont'd) (27, §203, cont'd) Water, Private - An on-lot water generation system which serves only the lot upon which it is located. Water, Public - Any municipally or privately owned public utility water generation, collection and distribution system or facility. Window - An opening to the outside of a building or structure, other than a door, which provides all or part of the natural light and/or natural ventilation to an interior space. The glassed portion of a door in an exterior wall shall be considered a window. Yard - A space which is open to the sky and unoccupied by any building, structure or merchandise for display or sale, and which is located on the same lot with a building or structure. Xard, Buffer - A yard covered with vegetation and intended to provide an area of separation between different districts or uses. A buffer yard may be included within a side or rear yard as otherwise required. Yard, Exterior - An open, unoccupied space between the buildings of a dwelling group or its accessory buildings and the lot line or street line. Yard, Front - A yard on the same lot with a main building extending the full width of the lot, and situated between the lot line and the front building set-back line. Yard, Interior - An open, unoccupied space between the buildings of a dwelling group or its accessory buildings which is not a front, side, rear or exterior yard. Yard, Rear - A yard on the same lot with a main building, extending the full width of the lot and situated between the rear lot line and the required rear building line. Yard, Side - A yard on the same lot with a main building, situated between a side line and the corresponding building line, and located between the front yard and the rear yard. Zoning Map - The map establishing the boundaries of the zoning districts of the Township, which map shall be and is a part of this Chapter. Zoning Officer - The municipal official duly appointed by the Governing Body to administer and enforce this Chapter. Zoning Permit - A permit required by this Chapter in a specific circumstance. (Ord. 84-2, 3/29/1984, §202; as amended by Ord. 85-4, 4/2/1985, §1) §204. Construction. All words and phrases of this Chapter shall be construed and interpreted to be consistent with and supplementing of the Pennsylvania Municipalities Planning Code, as amended. (Ord. 84-2, `~' 3/29!1984, §203) Revised 4/2/1985 - 367 - q J ~~( (27, §301) ` (27, §301) • • Part 3 Designation of Districts §301. Purpose. For the purpose of this Ordinance, the Township of Hampden is hereby divided into districts-which shall be designated as follows: F-P Flood Plain District (Floodway and Flood Fringe) F-S-C Forest-Slope-Conservation District R-C Residential-Country District R-S Residential-Suburban District R-T Residential-Towne District 0-P Office-Park District A-0 Apartment-Office District A-OL Apartment-Office Limited District C-G Commercial-General District C-PL Commercial-Park Limited District I-G Industrial-General District (Ord. 84-2, 3/29/1984, §300) * §302. Zoning Map. The boundaries of said districts shall be shown upon the map attached to and made a part of this Chapter, which map is dated, and designated "Zoning Map of Hampden Township." The said map and all the notations, references and other data shown thereon are hereby incorporated by reference into this Chapter as if all were fully described herein. (Ord. 84-2, 3/29/1984, §301) §303. District Boundaries. Where uncertainty exists as to boundaries of any district as shown on said map, the following rules shall apply; 1. District boundary lines are intended to follow or be parallel to the center line of streets, streams, railroads, and lot or property lines as they exist on plans of record at the time or the adoption of the Chapter, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map. * Editorial Note: Changes to the Zoning Map and to District boundaries are listed chronologically in Appendix I - Zoning Reclassification., Revised 4(2/1985 - 369 - j j C (27, §303, cont'd) (27, §303, cont'd) 2. Where a district boundary is not fixed by dimensions and where said boundary approximately follows a lot line and where it does not scale more than ten (10) feet therefrom, such lot line shall be construed to be such boundary line unless specifically shown otherwise. 3. The permitted use of more than one-half the area of a lot of less than one (1) acre shall determine the use for the entire lot. (Ord. 84-2, 3/29/1984, §302) §304. Interpretation of Boundaries. In case of any uncertainty, the Zoning Hearing Board shall interpret the intent of the map and determine the location of district boundaries. (Ord. 84-2, 3/29/1984, §303) -370- (27, §401) Part 4 F-P, Flood - Plain (27, §401) §401. General Provisions. 1. Purpose - The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies. B. Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding. C. Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage. D. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. 2. Applicability - These provisions shall apply to all lands within the jurisdiction of Hampden Township and shown on the Official Zoning Map as being located within the boundaries of any flood plain area determined by the U.S. Department of Housing and Urban Development, and approved by the Township Commissioners 3. Compliance - No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Chapter. 4. Warning and Disclaimer of Liability - The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that land outside the flood plain areas, or that land uses permitted within such ' areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Hampden Township or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. (Ord. 84-2, 3/29/1984, §400) - 371 - ~~~~ (27, §402) (27, §402) §402. Establishment of Flood Zoning Areas. 1. Description of Areas A. Basis of Flood Areas - The various flood plain areas shall include land subject to inundation by waters of the one hundred (100) year flood. The basis for the delineation of these areas shall be the Flood Insurance Study (FIS), the results of which are graphically presented on the Flood Boundary and Floodway Map (Flood Boundary Map), Township of Hampden, prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, dated to be effective February 15, 1978, All incorporated herein. (1). The Floodway area (FW) is delineated for purposes of this Chapter using the criteria that a certain area within the flood plain must be capable of carrying waters of the one hundred (100) year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The Floodway Area is shown on the Floodway Boundary Map. The lands in this Area are specifically defined in Table One of the Flood Insurance Study, Township of Hampden, Pennsylvania, dated August 1977 ("Flood Insurance Study"). (2). The Flood-Fringe Area (FF) shall be that land of the one hundred (100) year flood plain not included in the Floodway Area. The basis for the outermost boundary of this Area shall be the one hundred (100) year flood elevations contained in the flood profiles and also contained in Table One of the Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary Map. (3) The General Flood Plain Area (FA) shall be that flood plain area for which no detailed flood profiles or elevations have been provided. They are shown on the maps accompanying the FIS prepared by FIA. Where the specific one hundred (100) year flood elevation cannot be determined for this area by the Zoning Officer to his satisfaction, using other sources of data such as the U.S. Army Corps of Engineers, Flood Plain Information Reports, or U.S. Geological Survey-Flood Prone Quadrangles then the Zoning Officer may require the applicant for the proposed use, development or activity to determine this elevation in accordance with hydrologic and hydraulic analysis shall be undertakenonly by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, or computations shall be submitted in sufficient detail to allow a thorough technical review by the Township. B. Overlay Concept (1) The Flood Plain Areas described above shall be overlays to the existing underlying districts as shown on the official Hampden Township Zoning Map, and as such, the provisions for the Flood Plain Areas shall serve as a supplement to the underlying district provisions. - 372 - (27, §402, cont'd) (27, §402, cont'd) (2). In the event of any conflict between the provisions or requirements of any of the Flood Plain Areas and those of any underlying zoning district, the more restrictive provisions shall apply. (3). In the event any provision concerning a Flood Plain Area is declared inapplicable or illegal as a result of any legislative or administrative actions or judicial decision, the regulations of the underlying district shall remain applicable. 2. Zoning Map - The boundaries of the Flood Plain Areas are established as shown on the Floodway Boundary Map which is declared to be a part of this Chapter and which shall be kept on file at the Hampden Township Office. 3. Interpretation of Area Boundaries - Initial interpretations of the boundaries of the Flood Plain Areas shall be made by the Zoning Officer. Should an applicant dispute the boundaries of any of the Areas, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the Area boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires. 4. Boundary Changes - The delineation of any of the Flood Plain Areas may be revised by the Township Commissioners where natural or man-made changes have occurred, or more detailed studies conducted or undertaken by the U. S. Army Corp of Engineers River Basin Commission or other qualified agency or individual and such studies provide the basis for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA). (Ord. 84-2, 3/29/1984, §401) §403. Area Provisions 1. General - All uses, activities, and development occurring within any flood plain area shall be undertaken, only in strict compliance with the provisions of this Chapter and with all other applicable codes and ordinances, such as the Hampden Township Building Code, and the Hampden Township Subdivision Ordinance (Chaper 22). Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any stream or watercourse within the Township, any required permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment - 373 - .~ ~ r .~ ~~ ~ (27. §403, cont'd) (27, §403, cont'd) Division. Further, documentation shall be submitted, substantiating notification of the proposal has been given to all affected adjacent municipalities. The Federal Insurance Administration and the Department of Community Affairs shall also be notified in advance of any such alteration or relocation. 2. Floodway Area (FW) - In the Floodway Area (FU7) , no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and State authorities as required above. A. Permitted Uses - In the Floodway Area, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment: (1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boatlaunching and swimming areas, hiking, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas . (3) Accessory residential uses such as yard areas, gardens, play areas, and porous paving areas. (4) Accessory industrial and commercial uses such as yard areas, porous paving and loading areas, airport landing strips, etc. B. Uses Permitted by Special Exception - The following uses and activities may be permitted by Special Exception provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other provision of the Hampden Township Zoning Ordinance: (1) Structures except for mobile homes accessory to the uses and activities in Section 402, above. (2) Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar or related uses. (3) Water-related uses and activities such as marinas, docks, wharves, piers, etc. (4) Extraction of sand, gravel and other materials. (5) Temporary uses such as circuses, carnivals, and similar activities. - 374 - (27, §403, cont'd) (27, §403, cont'd) (6) Storage of materials and equipment provided they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent floatation or or movement, or can be readily removed from the area within the time available after flood warning. (7) Other similar uses and activities provided they cause - no increase in flood heights or velocities. All uses, activities, and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances. 3. Flood-Fringe Area (FF) - In the Flood-Fringe Area (FF) the development and use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances, and further provided that mobile homes shall not be permitted in Flood-Fringe Areas. 4. General Flood Plain Area (FA) - In the General Flood Plain Area (FA) development or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all such uses, activities, or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances. (Ord. 84-2, 3/29/1984, §402) §404. Special Exceptions and Variances - Additional Factors to be Considered. In passing upon applications for Special Exceptions and Variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the theis Chapter and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exceptions or variance shall be granted in any floodway for any proposed use, development, or activity that will cause any increase in flood levels during the one hundred (100) year flood. 2. The danger that materials may be swept on to other lands or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. - 375 - -, ,, ~ _~?) (27, §404, cont'd) (27, §404, cont'd) 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not -subject to flooding for the proposed use. _ 8. The compatibility of the proposed use with existing development and development anticipated in the aforeseeable future. 9. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10. The safety of access to the property in times of flood of ordinary and emergency vehicles. 11. The expected height, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12. The effect upon the Township Flood Insurance Program. 13. Such other factors which are relevant to the purposes of this Chapter. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in (a) unacceptable or prohibited increase in flood heights, (b) additional threats to public safety, (c) extraordinary public expense, (d) create nuisances, (e) cause fraud or victimization of the public, (f) jeopardy- to the Township Flood Insurance Program, or (g) conflict with local laws or ordinances. (Ord. 84-2, 3/29/1984, §403) §405. Development Which May Endanger Human Life. 1. In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community Affairs as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following material or substances, or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the - 376 - ` (27, §405, cont'd) (27, §405, cont'd) following materials of substances on the premises, shall be subject to the provisions of this section, in addition to all other applicable provisions: A. B. C. '_ II . E. F. G. H. I. J. K. L. M. N. 0. Acetone Ammonia Benzene Calcium carbide Carbon disulfide Celluloid Chlorine Hydrocloric acid Eydrocyanic acid Magnesium Nitric acid and oxides of nitrogen Petroleum products (gasoline, fuel oil, etc.) Phosphorus Potassium Sodium P. Sulphur and sulphur products Q. Pesticides (including insecticides, fungicides ~. and rodenticides) R. Radioactive substances, insofar as such substances are not otherwise regulated. 2. Within any Floodway Area (FW) any structure of the kind described in §405(1) above, shall be prohibited. 3. Where permitted within any Flood-Fringe Area (FF) or General Floodplain Area (FA) any structure of the kind described in §405(1). above, shall be: A. elevated or designed and constructed to remain completely dry up to at least one and one half (1'~) feet above the one-hundred year flood, and B. designed to prevent pollution from the structure or activity during the course of a one-hundred (100) year flood. Any such • structure, or part thereof, that will be built below the Regulatory Flood Elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other. equivalent watertight standard. - 377 - ~~ 3 (27. §405, cont'd) (27, §405, cont'd) 4. Within any General Floodplain Area (FA) any structure of the kind described in Subsection A. above, shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse. 5. Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any. of the other requirements of this Section. (Ord. 84-2, 3/29/1984, §404) §406. Activities Requiring Special Permits 1. Identification of Activities requiring a Special Permit - In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166) and regulations adopted by the Department of Community Affairs as required by the Act, the following obstructions and activities are permitted only by Special Permit, if located partially or entirely within any identified floodplain area. A. The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities: (1) Hospitals - public or private (2) Nursing homes - public or private (3) Jails or prisons B. The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to any existing mobile home park or mobile home subdivision. 2. Application Requirements - Applicants for Special Permits shall provide five (5) copies of the following items: A. A written request including a completed Building Permit Application Form. B. A small scale map showing the vicinity in which the proposed site is located. C. A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (100) feet or less, showing the following: (1) north arrow, scale and date; (2) topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at - intervals of two (2) feet; (3) all property and lot lines including dimensions, and the size of the site expressed in acres or square feet; (4) the location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations; - 378 - ` (27, §406(X), cont'd) (27, §40b(2C), cont'd) (5) the location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural or man-made features affecting, or affected by, the proposed activity or development; (6) the location of the flood plain boundary line, information and spot elevations concerning the one hundred (100) year flood elevations, and information concerning the flow of water including direction and velocities; (7) the location of all proposed buildings, structures, utilities, and any other improvements; and (8) any other information which the municipality considers necessary for adequate review of the application. D. Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following: (1) sufficiently detailed architectural or engineering drawings including floor plans, sections, and exterior building elevations, as appropriate; (2) for any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor; (3) complete information concerning flood depths, -•- pressures, velocities, impact and uplift forces, and other factors associated with the one hundred (100) year flood; (4) detailed information concerning any proposed flood-proofing measures; (5) cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths; (6) profile drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades; and (7) plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities. E. The following date and documentation: (1) certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents; (2) certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the one hundred (100) year flood; - 379 - 3 3 5^ (27, §406(2E), cont'd) (27, §406(2E), cont'd) (3) a statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of trig nature and extent of pollution that might possibly occur from the development during the course of a one hundred (100) year flood, including a statement concerning the effects such pollution may have on human life; (4) a statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on one hundred (100) year flood elevations and flows; (5) a statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one hundred (100) year flood elevation and the effects such materials and debris may have on one hundred (100) year flood elevations and flows; (6) the appropriate component of the Department of Environmental Resources' "Planning Module for Land Development"; (7) where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control; • (8) any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Resources to implement and maintain erosion and sedimentation control; (9) an evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one hundred (100) year flood. 3. Application Review Procedures - Upon receipt of an application for a special Permit by the Township Manager, the following procedures shall apply in addition to all other applicable permit procedures which are already established: A. Within three (3) working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Cumberland County Planning commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment. - 380 - • (27, §406(3), cont'd) (27, §406(3), cont'd) B. If an application is received that is incomplete, the Township Manager shall notify the applicant in writing, stating in what respects the application is deficient. C. If the Township decides to disapprove an application, it shall notify the applicant in writing of the reasons for the disapproval. . D. If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community Affairs by registered mail within five (5) working days after the date of approval. E. Before issuing the Special Permit, the Township shall allow the Department of Community Affairs thirty (30) days, after receipt of the notification by the Department, to review the application and decision made by the Township. F. If the Township does not receive any communication from the Department of Community Affairs during tre thirty (30) day review period, it may issue a Special Permit to the applicant. G. If the Department of Community Affairs should decide to disapprove an application, it shall notify the Township and applicant in writing of the reasons for the disapproval, and the Township shall not issue the Special Permit. 4. Technical Requirements for Development Requiring a Special Permit. In addition to any other applicable requirements, the following provisions ""`"' shall also apply to the activities requiring a Special Permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provisior_ shall apply. A. No application for a Special Permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will: (1) Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, ali new structures shall be designated, located and constructed so that: (a) the structure will survive inundation by waters of the one-hundred (100) year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one-hundred (100) year flood elevation. (b) the lowest floor elevation (including basement) will be at least one and one-half (1'~) feet above the one-hundred (100) year flood elevation. (c) the occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one-hundred (100) year flood. - 381 - ~ .3~ (27, §406, cont'd) (27, §406, cont'd) (2) Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property. 5. Within any floodplain area any structure of the kind described in Subsection A. above, shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse. 6. Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this §406. (Ord. 84-2, 3/29/1984, §405) §407. Existing Structures in Flood Plain Areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions: 1. Existing structures or uses located in any floodway area shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements. 2. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure or use located in any flood plain area to an extent or amount of less than fifty percent (50%) of its market value, shall be elevated and/or floodproofed to the greatest extent possible regardless of its location in the flood plain area. 3. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use regardless of its location in a flood plain area to an extent or amount of fifty percent (50%) or more of its market value shall be undertaken only in full compliance with the provisions of this ordinance and any other applicable ordinance. (Ord. 84-2) 3/29/1984, §406) §408. Definitions. Unless otherwise expressly stated, the following words shall, for the purpose of this Part 4, have the meaning herein indicated: Development - any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land. Flood - a temporary inundation of normally dry land areas. Flood Fringe - that portion of the flood plain outside the floodway. Flood Plain Area - a relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation in a one hundred (100) year flood. - 382 - ' (27, §408, cont'd• (27, §408, cont'd) Floodway - the channel of a stream together with any adjacent flood plain areas that must be kept free of encroachment in order that one hundred (100) year floods be carried without increasing flood heights by more than one (1) foot. One Eundred Year Flood - a flood which, on the average, is likely to occur once every one hundred (100) years. •. (Ord. 84-2, 3/29/1984, §408) - 383 - ;~ ,~ ( } 27 §501 • • (27, §501) Part 5 F-S-C, Forest - Slope - Conservation District §501. Purpose. The purpose of the F-S-C, Forest - Slope - Conservation District, is to conserve vegetative cover particularly trees, shrubs, and ground cover on sloping ground, stream banks, flood plains and storm water drainage channels and swales; to discourage the scattering of commercial, industrial, residential and other urban type uses throughout predominately forested areas of steep slope; to provide for the regulation of housing density in areas; to otherwise create conditions conducive to carrying out the purpose of this Chapter. (Ord. 84-2, 3/29/1984, §501) §502. Permitted Uses. A building may be erected or used and a lot may be used or occupied, for any of the following purposes and no other: 1. Preservation of natural amenities. 2. Camps. 3. Public water generation, collection, treatment and distribution facilities, including wells, reservoirs, collection stations, pumping stations and distribution lines. 4. Electric and telephone public utility transmission and distribution facility substations. 5. Municipal buildings and/or uses. 6. Recreation areas and facilities. 7. Radio, television and communications transmission facilities. 8. Single family detached dwellings. 9. Accessory use on the same lot with and customarily incidental to any of the above permitted uses. (Ord. 84-2, 3/29/1984, §502; as amended by Ord. 85-4, 4/2/1985) §503. Conditional Uses. The following conditional uses and no other may be allowed by the Township Board of Commissioners after recommendations of the Planning Commission, pursuant to the express standards and criteria ' set forth in Part 18of this Chapter: 1. Resort hotels and motels. 2. Greenhouses and nurseries. 3. Hospitals and Sanitariums. (Ord. 84-2, 3/29/1984, §503) Revised 4/2/1985 - 385 - .a .3 8' (27, §504) (Z7, §504) §504. Building Height Limit. No building shall be erected to a height in excess of thirty-five (35) feet; provided, however, that the height limit may be increased one (1) foot for each additional foot that the width of each yard exceeds the minimum required. All yards shall exceed the minimum by t~.e number of feet proposed to be added to the maximum height of thirty-rive (35) feet. (Ord. 84-2, 3/29/1984, §504) §505. Lot Area and Width. A lot area of not less than five (5) acres and a lot width of not less than two hundred (200) feet at the street line shall be provided for each single-family detached dwelling and for every other principal use or building permitted in this district. (Ord. 84-2, 3/29/1984, §505) §506. Lot Coverage. 1. The maximum lot coverage of any lot in this zoning district shall be twenty percent (ZO%) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities required by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3/29/1984, §506; as amended by Ord. 85-4, 4/2/1985) §507. Yards. Each lot shall have front, side and rear yards of not less than the depth or width indicated below: 1. Front yard - fifty (50) feet. 2. Side yards - two at fifty (50) feet each. 3. Rear yard - fifty (50) feet. (Ord. 84-3, 3/29/1984, §507) §508. Land Conservation Requirements. In order to promote the highest environmental quality possible, the success to which an applicant for a zoning permit has preserved the existing salient natural features and land forms intrinsic to the site, shall be assessed. Terms of the granting of a zoning permit may be subject the the manner in which the layout or design of the plan has preserved existing natural features, such as, but not limited to, trees, wooded areas and water courses. The following conservation requirements shall be applied to each lot within this district at such time improvements are to be made: 1. A plan showing the "limit of work" shall be submitted which will confine excavation, earth-moving procedures and other changes to the landscape. 2. All trees six (6) inches or more in caliper at breast height shall not be removed unless within the proposed right-of-way line of a street or drive, within proposed building lines, or within utility location or mandatory access for equipment. Relocation of noteworthy plant material shall be encouraged where retention is impractical. - 386 - Revised 4/2/1985 • (27, §508, cont'd) • (27, §508, cont'd) 3. No topsoil shall be removed from the site or used as spoil. Topsoil must be removed from the areas of construction and stored separately. Upon completion of construction and/or site improvements, the topsoil must be redistributed on the site uniformly. All disturbed areas of the site shall be stabilized by seeding or planting. 4. A soil erosion and sedimentation plan must be prepared and submitted for the improvement of any lot within this district. (Ord. 84-2, 3/29/1984, §50$) §509. Off-Street Parking. Parking shall be provided in accordance with the off-street parking article of this Chapter. (Ord. 84-2, 3/29/1984, §509) - 387 - _~ ~ q ` (27, §601) • Part 6 R-C, Residential - Country (27, §601) §601. Purpose. The purpose of the R-C, Residential - Country Dis- trict is to protect and stabilize the natural resources of these designated areas; to conserve the land for a combination of agriculture and horticul- tural uses; to promote and encourage a safe and healthful environment for • family life; to preserve open space; and to permit low density residential development which will not require extensive public services or facilities and to otherwise create conditions conducive to carrying out these and other broad purposes of this Chapter. (Ord. 84-2, 3/29/19b=+, §601) §602. Permitted Uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other: 1. Agriculture, horticulture, truck gardening, riding academies, public and private stables, dog kennels and animal hospitals. 2. Single-family detached dwellings. 3. Public parks, playgrounds and open space. 4. Municipal buildings and/or uses. 5. Radio, television and communications transmission facilities. 6. Public utility transmission and distribution facilities. 7. Accessory use on the same lot with and customarily incidental to any of the above permitted uses. (Ord. 84-2, 3/29/1984, §602) §603. Conditional Uses. The following conditional uses and no other may be allowed by the Township Board of Commissioners after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in Part 18 of this Chapter: 1. Churches, or similar places of worship, parish houses and convents. 2. Schools and libraries. 3. Recreation areas and structures operated by membership clubs for . the benefit of their members and not for gain, providing that the residen- tial character of the neighborhood is preserved to give no impression of a commercial use. Page corrected 8(28(1986 - 389 - ~~0 (27, §603, cont'd) (27, §603, cont'd) 4. Golf courses, country clubs, resort hotels, camping grounds and cemeteries. 5. Camps. 6. Greenhouses and nurseries. 7. Transformer substations. 8. Planned residential developments. (Ord. 84-2, 3/29/1984, §603) §604. Building Height Limit. No building shall be erected to a height in excess of thirty-five (35) feet; provided, however, that this height may be increased one (1) foot for each additional foot that the width of each yard exceeds the minimum required. All yards shall exceed the minimum by the number of feet proposed to be added to the maximum height of thirty-five (35) feet. (Ord. 84-2, 3/29/1984, §604) §605. Lot Area and Width. A lot area is not less than specified below shall be required: 1. Lot area and width with public sewer: each single family detached dwelling shall be located on a lot with an area of not less than thirty thousand (30,000) square feet and a lot width of not less than one hundred feet (100') along the street line and not less than one hundred fifty feet (150') at the building line. 2. Lot area and width with no public sewer: each single family detached dwelling shall be located on a lot with an area of not less than forty thousand (40,000) square feet and a lot width of not less than one hundred feet (100') along the street line and not less than one hundred f fifty feet (150') at the building line. (Ord. 84-2, 3/29/1984, §605; as amended by Ord. 84-7, 7/3/1984; and by Ord. 85-4, 4/2/1985) §606. Lot Coz-erage. 1. The maximum lot coverage of any lot in this zoning district shall be twenty percent (ZOy) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities required by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3/29/1984, §606; as amended by Ord. 85-4, 4/2/1985) §607. Yards. Each lot shall have front, side, and rear yards of not less than the depth or width indicated below: 1. Front yard -fifty (50) feet. 2. Side yards - twenty (20) feet each. 3. .Rear Yard - thirty-five (35) feet. (Ord. 84-2, 3/29/1984, §607) - 390 - Revised 4/2/1985 • (27, §608) • (27, §608) §b08. Side Yards of Corner Lots. The exterior side yard of a corner lot shall not be less than fifty (50) feet. (Ord. 84-2, 3/29/1984, §609) §609. Off-Street Parking. Parking shall be provided in accordance with Part 19 off-street parking of this Chapter. (Ord. 84-2, 3/29J1984, §609) Page added 4/2/1985 - 390.1 - 3~r (27, §701) (27, §701) Part 7 R-S, Residential - Suburban §701. Purpose. The purpose of the R-S, Residential - Suburban District is to provide reasonable standards for the orderly expansion of the urban-type residential development to prevent the over-crowding of the land; to encourage subdivisions and land development in areas where sewer and water services are available; to exclude activities of a commercial and industrial nature and any activities not compatible with residential development; and to otherwise create conditions conducive to carrying out the purposes of this Chapter. (Ord. 84-2, 3/29/1984, §700) §702. Permitted Uses A building may be erected or used, and a lot may be occupied or used, for any of the following purposes and no other: 1. Single-family detached dwellings. 2. Public utilities and facilities. 3. Accessory use on the same lot with and customarily incidental to any of the above permitted uses. (Ord. 84-2, 3/29/1984, §70I) §703. Conditional Uses. The following conditional uses and no other may be allowed by the Township Board of Commissioners after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in Part 18, of this Chapter: 1. Churches, or similar places of worship, parish houses, convents. 2. Schools, libraries, museums, and municipal buildings. 3. Municipal parks, playgrounds and recreation areas including swimming pools. 4. Private parks, playgrounds and recreation areas including swimming pools when accessory and incidental to residential development of the district and not operated for gain or profit. 5. Greenhouses and nurseries. 6. Hospitals, nursing homes, sanitariums and related housing and supportive facilities. 7. Planned residential development. (Ord. 84-2, 3/29/1984, §702) - 391 - ~~z (27, §704) (27, §704) §704. Building Height Limit. No building shall be erected to a height in excess of thirty-five (35) feet; provided, however, that this height may be increased one (1) foot for each additional foot that the width of each yard exceeds the minimum required. All yards shall exceed the minimum by the number of feet proposed to be added to the maximum height of thirty-five (35) feet. (Ord. 84-2, 3/29/1984, §703) §705. Lot Area and Width. ' A lot area of not less than specified below shall be required: 1. Lot area and width with public water and sewer - Each single family detached dwelling shall be located in a lot with an area of not less than 10,000 square feet and a lot width of not less than ninety (90) feet along the street line and not less than one hundred (100) feet at the building line. 2. Lot area and width with public sewer; no public water - Each single family detached dwelling shall be located on a lot with an area of not less than 12,500 square feet and a lot width of not less than ninety (90) feet along the street line and not less than one hundred (100) feet at the building line. 3. Lot area and width with no public sewer - Each single family detached dwelling shall be located on a lot with an area of not less than 30,000 square feet and a lot width of not less than one hundred (100) feet along the street line and not less than one hundred fifty (150) feet at the building line. 4. For non-residential lots with public sewer - the lot area shall be not less than ten thousand (10,000) square feet and lot width of not less than one hundred feet (100') at the street line. (Ord. 85-4) 5. For non-residential lots without public sewer - the lot area shall be not less than thirty thousand (30,000) square feet and lot width of not less than one hundred fifty feet (150') at the street line. (Ord. 85-4) (Ord. 84-2, 3/29/I984, §704; as amended by Ord. 85-4, 4/2/1985) §706. Lot Coverage. 1. The maximum lot coverage of any lot in this zoning district shall be thirty percent (30%) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities required by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3/29/1984, §706; as .amended by Ord. 85-4, 4/2/1985) §707. Yards. Each lot shall have front, side and rear yards of not less than the depth or width indicated below: 1. Front yard - twenty-five (25) feet. - 392 - Revised 4/2/1985 ' (27, §707, cont'd~ • (27, §707, cont'd) 2. Side yards - ten (10) feet minimum and a total of thirty (30) feet for the two side yards. 3. Rear yard - twenty-five (25') feet. (Ord. 84-2, 3/29/1984, §706; as amended by Ord. 85-4, 4/2/1985) §708. Side Yards of Corner Lots. The exterior yard of a corner lot shall be not less than twenty-five (25) feet. (Ord. 84-2, 3/29/1984, §707) ._ §709. Off-Street Parking. Parking shall be provided in accordance with Part 19 off-street parking of this Chapter. (Ord. 84-2, 3/29/1984, §708) Revised 4/2/1985 - 393 - ~~ (27, §801) ~ (27, §801) Part 8 R-T, Residential - Towne §801. Purpose. The purpose of the R-T, Residential - Towne Dis- trict is to provide for the orderly expansion of multi-family residen- tial development in areas which can feasibly be supplied with essential public facilities; to provide for the public health and to prevent the over crowding of the land through the application of maximum housing densities; to provide standards which will encourage the installation of public facilities and the preservation of public open space; to exclude activities of a commercial or industrial nature and any activities not compatible with residential development; to provide for the public convenience and avoid undue congestion on the roads. To provide for an equitable sharing of the investment and maintenance for sewer, water, electric, gas and other utilities; to otherwise create conditions conducive to carrying out the purposes of this Chapter. (Ord. 82-2, 3/29/1984, §800) §802. Permitted Uses. A building may be erected or used, and a lot may be used or occupied for any of the following purposes and no other: 1. Single-family detached dwellings. 2. Single-family semi-detached dwelling. 3. Single-family attached dwellings. 4. Two-family detached dwellings. 5. Two-family semi-detached dwellings. 6. Apartments with no more than eighteen (18) dwelling units per building and -:ot to exceed three (3) stories in height. 7. Public utilities and facilities. 8. Private nursing homes, hospitals and sanitariums. 9. Accessory use on the same lot with and customarily incidental to any of the above permitted uses. 10. Club House (fraternal or lodge) (Ord. 82-2, 3/29/1984, §801) §803. Conditional Uses. The following conditional uses and no other may be allowed by the Township Board of Commissioners after recommendations by the Planning Commission, pursuant to the express standards and criteria set forth in Part 18 of this Chapter: - 395 - ~} ~~ (27, §803, cont'd) 1. Mobile Home parks. (27, §803, cont'd) 2. Churches, or similar places of worship, parish houses and convents. 3. Schools, libraries, museums and municipal buildings. 4. Municipal parks, playgrounds and recreation areas including swimming pools. 5. Private parks, playgrounds and recreation areas including swimming pools when accessory to and incidental to residential development of the district, and not operated for gain or profit. 6. Planned residential development pursuant to Part 15 of the Hampden Township Zoning Ordinance. (Ord. 84-2, 3/29/1984, §802; as amended by Ord. 84-7, 7/3/1984; and by Ord. 86-6, 8/5/1986, §1) §804. Building Height Limit. No building shall be erected to a height in excess of thirty-five (35) feet; provided, however, that this height may be increased one (1) foot for each additional foot that the width of each yard exceeds the minimum required. All yards shall exceed the minimum by the number of feet proposed to be added to the maximum height of thirty-five (35) feet. Ord. 84-2, 3/29/1984, §803) §805. Lot Area and Width. 1. For residential lots the area shall be not less than reflected in the following table: Lot Area per Lot Area Per Lot Area Per Dwelling Unit Dwelling Unit Dwelling Unit with Public Water with Public without Public Dwelling Type & Sewer (sq.ft.) Sewer (sq.ft.) Sewer (sq.ft.) Single-family detached 7,500 9,000 30,000 Single-family semi-detached 4,500 5,500 30,000 Single-family attached 2,000 3,000 30,000 Two-family detached 6,000 7,000 30,000 Two-family semi-detached 4,500 5,500 30,000 Apartments 2,000 3,000 30,000 - 396 - Page revised 8/28/1986 ` (27, §805, cont'd~ (27, §805, cont'd) 2. For residential lots, the frontage shall be not less than re- flected in the following table: Minimum Frontage at the Street Minimum Frontage at the Line per lot with Public Sewer Street Line per Lot with Dwelling Type Interior (ft.) Corner (ft.) out Public Sewer (ft.) Single-family detached 75 85 100 Single-family semi-detached 45 60 100 Single-family attached 20 40 100 Two-family detached 60 75 150 Two-family semi-detached 45 60 150 Apartments 200 215 200 3. For non-residential lots with public sewer, the area and frontage requirements shall be not less than ten thousand (10,000) square feet and a lot width of not less than one hundred feet (100') at the street line. (Ord. 85-4) 4. For non-residential lots without public sewer each lot shall be not less than thirty thousand (30,000) square feet and a lot width of not less than one hundred fifty (150) feet along the street line. (Ord. 84-2, 3/29/1984, §804; as amended by Ord. 85-4, 4/2/1985) §806. Maximum Density. The maximum density in this District shall be no more than then (10) dwelling units per acre. (Ord. 84-2, 3/29/1984, §805) §807. Lot Coverage. 1. The maximum lot coverage of any lot in this zoning district shall be forty percent (407) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities required by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3/29/1984, §806; as amended by Ord. $5-4, 4/2/1985) §808. Yard Regulations. Each lot shall have front, side and rear yards of not less than the width and depth indicated below: 1. Front yard - twenty-five (25) feet. Revised 4/2/1985, Corrected 8/28/1986 - 397 - ~ ~.S (27, §808, cont'd) (27, §808, cont'd) 2. Side yards - ten (10) feet. 3. Rear Yard - twenty-five (25) feet. (Ord. 84-2, 3/29/1984, §807) §809. Apartments. Each apartment building shall have a front and rear yard of not less than fifty (50) feet, and side yards of not less than f ifteen (15) feet each. The spacing between apartment buildings, when built in groups or in parallel rows shall be not less than fifty (50) feet for one story buildings and the space between buildings shall be increased five (5) feet for each additional story. Outer and inner courts shall be permitted when such courts are not less than fifty (50) feet in width or not less than the dimension of the full heights of the highest building wall, enclosing the court, whichever is greater. Open and unobstructed passageways to inner courts shall be provided at grade level for the passage of fire fighting equipment to and from yard areas. (Ord. 84-2, 3/29/1984, §808) §810. Side Yards of Corner Lots. The exterior yard of a corner lot shall be not less than the minimum front yard requirement set forth herein. (Ord. 84-2, 3/29/1984, §808) - 398 - ' (27, §901) • Part 9 0-P, Office - Park • (27, §901) §901. Purpose. The purpose of the 0-P, Office - Park District is to provide a suitable environment for business, professional, financial and governmental offices adjacent to or conveniently accessible to major '. transportation corridors. (Ord. 84-2, 3/29/1984, §900) §902. Procedural Requirements. All applications for permits, ' pursuant to this part, shall be submitted to the Zoning Officer, who shall have the option of submitting such applications to the Planning Commission or to the Township Board of Commissioners for recommendations prior to issuing a permit. All applications shall be reviewed by the Plan Review Board prior to the issuance of any permit. (Ord. 84-2, 3/29/1984, §901; as amended by Ord. 85-4, 4/2/1985) §903. Permitted Uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other: 1. Offices for lawyers, realtors, architects, engineers, tax consultants, and similar professional businesses; offices for industrial and trade unions; offices for credit unions; and offices for commercial and civic organizations. 2. Medical clinics and offices of practitioners of the healing arts, including but not limited to physicians, dentists, chiropractors, optometrists, pediatrics, veterinarians, and similar or allied professions, 3. Banks, investment brokers and finance agencies. 4. Offices of non-profit organizations, social and fraternal associations, political and religious organizations. 5. Off-premises administrative or business offices of public utility, transportation, advertising, insurance, executive or other commercial and industrial establishments. 6. Offices of local, state and federal government agencies. 7. Public utility facilities. 8. Studios for instruction in music, arts, science, radio and ' television. 9. Educational instruction, schools, public and private. 10. Commercial recreation facilities. (Ord. 84-2, 3/29/1984, §902) Revised 4/2/1985 - 399 - 3~~ (27, §904) (27, §904) §904 Height Restrictions when Abutting a Residential District. When a permitted use abuts any residential district in the Township or in an adjacent municipality, the following height restrictions shall apply: An angle of thirty-two (32) degrees shall be established at a point of the property line which abuts the residential district or the adjacent right- of-way line of a street abutting the residential district, as the case may be, measured from a horizontal plane having an elevation equal to the average elevation of the ground, after construction, along the entire side of the proposed building or structure nearest to the residential district. The proposed building or structure may have any type or style of roof not otherwise prohibited, and may vary in its height, provided that it shall not intersect with or infringe upon the established thirty-two (32) degree angle, and provided that its highest point, excluding chimneys, spires, towers, elevator penthouses, tanks, railings and similar projections, shall not exceed one hundred (100) feet in height, measured from the aforesaid horizontal plane. The definition of "Building Height" found in Part 2, §203 of this Chapter shall not be applicable to this section. (Ord. 84-2, 3/29/1984, §903) §905 Height Restrictions when not Abutting a Residential District. No building shall be erected to a height in excess of one hundred (100) feet. (Ord. 84-2, 3/29/1984, §905) §906. Lot Area and Width. The lot area shall be not less than forty thousand (40,000) square feet and lot width shall be not less than one hundred fifty (150) feet at the street line. (Ord. 8402, 3/29/1984, §907) §907. Lot Coverage. 1. The maximum lot coverage of any lot in this zoning district shall be sixty percent (60%) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities required by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3/29/1984, §907; as amended by Ord. 85-4, 4/2/1985) §908. Yard Regulations. Each lot shall have yards of not less than the width and depth indicated below: 1. Front yard - eighty (80) feet. 2. Side Yards - each forty (40) feet. 3. Rear Yard - forty (40) feet. (Ord. 84-2, 3/29/1984, §907) §909. Building Spacing. Buildings shall be spaced no less than fifty (50) feet apart when located on the same lot. (Ord. 84-2, 3/29/1984, §908) - 400 - Revised 4/2/1985 (27, §910) (27, §910) §910. Buffer Yards A buffer yard of at least twenty feet (20') in width shall be required whenever a permitted use abuts a residential use in the Township or in an adjacent municipality. (Ord. 84-2, 3/29/1984, §909; as amended by Ord. 85-4, 4/2J1985) §911. Accessory Buildings. . 1. No accessory building shall be permitted in the front yard areas. . 2. An accessory building shall not exceed one (1) story in height or fifteen (15) feet. (Ord. $4-2, 3/29/1984, §910) §912. Off-Street Parking. 1. Off-Street parking shall be provided in accordance with Part 19 Off-street parking of this Part. 2. All parking shall be located at least eight (8) feet from any building or structure. Curbing shall be installed to enforce this regulation. (Ord. 84-2, 3/29/1984, §911) Revised 4/2/1985 - 401 - .~~7 . • (27, §1001) (27, §1001) Part 10 A-0, Apartment - Office §1001. Purpose. The purpose of A-0, Apartment - Office District is to provide reasonable standards for the harmonious development of apartments, business and professional offices; to moderate the intensity ' of uses as a transition from economic centers to residential areas; to avoid undue congestion in the streets; and to otherwise create conditions conducive to carrying out these and the other purposes of this Chapter. (Ord. 84-2, 3/29/1984, §1000) §1002. Procedural Requirements. All applications for permits pursuant to this Part 10 shall be submitted to the Zoning Officer who shall have the option of submitting such applications to the Planning Commission or to the Township Board of Commissioners for recommendations prior to issuing a permit. All applications shall be reviewed by the Plan Review Board prior to the issuance of any permit. (Ord. 84-2, 3/29/1984, §1001) §1003. Permitted Uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other: 1. Business, professional and financial offices and office complexes. 2. Medical, dental, photographic, or similar laboratories, and clinics or hospitals. 3. Studios for instruction of music, arts, science, radio and television. 4. Municipal buildings and public uses including recreation facilities. 5. Public utility facilities. 6. Club houses for fraternal clubs, lodges and social and recreation clubs. 7. Commercial recreation facilities. 8. Churches or similar places of worship, parish houses, and ' convents. 9. Colleges and universities, including accessory uses. 10. Board and lodging houses, tourist homes. 11. Hotels and motels. - 403 - .3'~ ~' (27, §1003, cont'd) (27, §1003, cont'd) 12. Townhouses. 13. Multi-story apartment structures. 14. Single family detached dwellings. 15. Accessory use on the same lot with and customarily incidental to any of the above permitted uses. (Ord. 84-2, 3/29/1984, §1002; as amended by Ord. 85-4, 4/2/1985) §1004. Conditional Uses. The following conditional uses and no other may be allowed by the Township Board of Commissioners after recommendations by the Planning Commission pursuant to the express standards and criteria set forth in Part 18, of this Chapter: 1. Retail stores and personal service shops. These conditional uses shall be permitted only within the principal use structure, and shall not exceed ten (10) percent of the total floor area. 2. Planned residential developments. (Ord. 84-2, 3/29/1984, §1003) §1005. Building Height Limit. No building shall be erected to a height in excess of thirty-five (35) feet; provided, however, that the height limit may be increased one (1) foot for each additional foot that the width of each yard exceeds the minimum required. All yards shall exceed the minimum by the number of feet proposed to be added to the maximum height of thirty-five (35) feet. (Ord. 84-2, 3/29/1984, §1004) §1006. Lot Area and Width. Lots shall have the following areas and widths according to the uses thereof: 1. Residential uses the lot area shall be not less than reflected in the following table: No. Dwell Units Lot Area With Public Water and Sewer Lot Area With Public Sewer Lot Area per Dwelling Unit Without Public Sewer 1 & 2 11,550 sq. ft. 14,000 sq.ft. 30,000 sq. ft. 3 13,000 16,000 30,000 " 4 15,000 " 19,000 30,000 " 5 17,000 " " 21,500 30,000 " 6 19,000 24,000 30,000 " Each Add. 1,500 2,000 " 30,000 " " 2. For residential lots, the frontage shall be not less than reflected in the following table: Revised 4/2/1985, - 404 - corrected 8/28/1986 (27, §1006, cont'd} No. Dwelling Units 1 & 2 3 4 5 6 each additional 85' 85' 90' 95' 95' 2.5' additional to max of 250' (27, §1006, cont'd) Minimum Frontage at the Street Line with- out Public Sewer (f t.) 100 100 150 150 150 5 ft. additional to max. of 300 ft. 3. For non-residential lots with public sewer, the area and frontage requirements shall be not less than ten thousand (10,000) square feet and lot width of not less than one hundred fifty (150) feet at the street line. 4. For non-residential lots without public sewer, the area and frontage requirements shall be not less than thirty thousand (30,000) square feet and lot width of not less than one hundred fifty (150) feet at the street line. 5. Density shall not exceed 10 dwelling units per gross acre. (Ord. 84-2, 3/29/1984, §1005) §1007. Lot Coverage. 1. The maximum lot coverage of any lot in this zoning district shall be sixty percent (60~) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities reauired by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3i29J1984, §100b; as amended by Ord. 85-4, 4/2/1985) §1008. Yard Regulations for Non-Residential Uses. Each lot shall have front, side and rear yards of not less than the depth or width indicated below: 1. Front yard - thirty (30) feet. 2. Side yards - twenty (20) feet each. 3. Rear yard - twenty-five (25) feet. (Ord. 84-2, 3/29/1984, §1007) §1009. Yard Regulations for Residential Use. Each lot shall have front, side and rear yards of not less than the depth or width indicated below: 1. Front yard - thirty (30) feet. 2. Side and Rear yards - the minimum side and rear yards shall be not less than the following: Revised 4/2/1985 Corrected 8/28/1986 - 405 - Minimum Frontage at the Street Line with Public Sewer (f t.) .3~9 (27, §1009, cont'd) No. Dwelling Units INTERIOR LOTS Total Two Minimum Required Required Side Yds. Side Yds. (27, §1009, cont'd) CORNER LOTS Total Two Minimum Required Exterior Side Yds. Side Yd. REAR YARD Minimum Depth 1 & 2 30' 10' 35' 25' 30' 3 30' 15' 40' 25' 30' 4 32.5' 15' 40' 25' 30' 5 35' 15' 40' 25' 35` 6 37.5' 17.5' 42.5' 25' 35' 7 40' 20' 45` 25' 35' 8 42.5' 20' 45' 25' 35' Each add. Plus 1' to Plus .5' to Plus .5' to Dwelling Unit max. of 75' max. of 35' max. of 60' (Ord. 84-2, 3/29/1984, §1008) §1010. Multiple Buildings - Open Space. When erected as two or more buildings on a single lot, buildings shall be spaced as follows: 1. Buildings shall be located as to provide the following distances between buildings: A. Front to front 60 feet B. Front to rear 50 feet C. Front to end (side) 35 feet D. Rear to rear 50 feet E. End to end 25 feet F. End to rear 30 feet 2. Out and inner courts shall be permitted when such courts are not less than fifty (50) feet or not less than the dimensions of the full height of the building walls enclosing the court, whichever is greater. (Ord. 84-2, 3/29/1984, §1009) §1011. Buffer Yards. A buffer yard of at least twenty (20) feet in width shall be required whenever a permitted non-residential use abuts a residential use in the Township or in an adjacent municipality. (Ord. 84-2, 3/29/1984, §1010; as amended by Ord. 85-4, 4/2/1985) §1012. Accessory Buildings. 1. No accessory building shall be permitted in front yard areas. 2. An accessory building shall not exceed one (1) story in height. (Ord. 84-2, 3/29/1984, §1011) - 406 - Revised 4/2/1985 • (27, §1013) (27, §1013) §1013. Off-Street Parking. 1. Off-Street parking shall be provided in accordance with Part 19, Off-street Parking of this Chapter. 2. All parking shall be located at least eight (8) feet from the dwellings or offices. Curbing shall be installed to enforce this regulation. (Ord. 84-2, 3/29/1984, §1012) - 407 - ~~ ~ . ~ ~ (27, §1101) i Part 11 A-OL, Apartment - Office Limited (27, §1101) §1101. Purpose. The purpose of the A-OL, Apartment - Office Limited District is to provide for further development in areas where partial development has occurred; to avoid undue congestion in travel ', and transportation; to prevent the over crowding of the land; to protect the health, safety and welfare of the citizens; and to otherwise create conditions conducive to carrying out the purposes of this Chapter. (Ord. 84-2, 3/29/1984, §1100) §1102. Procedural Requirements. All applications for permits pursuant to this Part 11 shall be submitted to the Zoning Officer who shall have the option of submitting such applications to the Planning Commission or to the Township Board of Commissioners for recommendations prior to issuing a permit. All applications shall be reviewed by the Plan Review Board prior to the issuance of any permit. (Ord. 84-2, 3/29/1984, §1101) §1103. Permitted Uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other: 1. Medical, dental clinics and laboratories. 2. Office buildings, medical clinics, medical buildings, pharmacies located in a medical clinic or medical building, where limited to the dispensing of medicine, drugs and prescriptions. 3. Educational instruction, schools public and private. 4. Convalescent facilities and nursing homes. 5. Offices of non-profit organizations, social and fraternal associations, political and religious organizations. 6. Churches or similar places of worship, parish houses and convents. 7. Commercial and public recreational facilities, playgrounds, parks. 8. Drug stores or pharmacies which may contain a soda ' fountain. 9. Retail shops, including shops selling groceries, meats, vegetables and produce, sundries and bakery goods provided that any baked goods prepared on the premises are offered for sale only on the premises. - 409 - 35 I (27, §1103, cont'd) (27, §1103, cont'd) 10. Apartments, including within any apartment building containing not more than thirty (30) apartments, retail shops, restaurants, beauty parlors, barber shops, drug stores and bakeries provided that any baked goods prepared on the premises are offered for sale only on the premises. 11. Single family detached dwellings. 12. Accessory use on the same lot with and customarily incidental to any of the above permitted uses. (Ord. 84-2, 3/29/1984, §1102; as amended by Ord. 85-4, 4/2/1985) §1104. Building Height Limit. No building shall be erected to a height in excess of forty (40) feet; provided, however, that the height limit may be increased one (1) foot for each additional foot that the width of each yard exceeds the minimum required. Each and every yard shall exceed the minimum by the number of feet proposed to be added to the maximum height of forty (40) feet. (Ord. 84-2, 3/29/1984, §1103) §1105. Lot Area and Width. Lots shall have the following areas and widths according to the uses thereof: 1. Residential uses the lot area shall be not less than reflected in the following table: . Dwelling TTn~tc Lot Area With Public Water and .Sewer Lot Area With Public Sewer Lot Area per No. Dwell Unit Without Public Sewer 1 & 2 11,550 sq. ft. 14,000 sq.ft. 30,000 sq. ft. 3 13,000 16,000 30,000 " 4 15,000 19,000 30,000 " 5 17,000 " 21,500 " 30,000 " " 6 19,000 " 24,000 " " 30,000 " " Each Add. 1,500 " " 2,000 " 30,000 " 2. For residential lots, the frontage shall be not less than reflected in the following table: No. Dwelling Units 1 & 2 3 4 5 6 each additional Minimum Frontage at the Street Line with Public Sewer (ft.) 85' 85' 90' 95' 95' 2.5' additional to max of 250' 100 100 150 150 150 5 ft. additional to max. of 300 ft. 3. For non-residential lots with public sewer, the area and frontage requirements shall be not less than ten thousand (10,000) square feet and lot width of not less than one hundred (100) feet at the street line. Minimum Frontage at the Street Line with- out Public Sewer (ft.) - 410 - Revised 4/2/1985 (27, §1105, cont'd) (27, §1105, cont'd) j" 4. For non-residential lots without public sewer, the area and frontage requirements shall be not less than thirty thousand (30,000) square feet and lot width of not less than one hundred fifty (150) feet at the street line. S. Density shall not exceed 10 dwelling units per gross acre. (Ord. 84-2, 3/29/1984, §1104) r §1106. Lot Coverage. 1. The maximum lot coverage of any lot in this zoning district shall be sixty percent (60%) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3/29/1984, §1105; as amended by Ord. 85-4, 4/2/1985) §1107. Yard Regulations. Each lot shall have front, side and rear yards of not less than the depth or width indicated below: 1. Front yard - forty (40) feet. 2. Side yards - thirty - five (35) feet. 3. Rear Yard - twenty-five (25) feet. (Ord. 84-2, 3/29/1984, §1106) §1108. Multiple Buildings - Open Space. 1. When erected as two or more building on a single lot, buildings shall be spaced as follows: A. Front to front 60 feet B. Front to rear 50 feet C. Front to end (side) 35 feet D. Rear to rear SO feet E. End to end 25 feet F. End to rear 30 feet 2. Quter and inner courts shall be permitted when such courts are not less than fifty (50) feet or not less than the dimensions of the full height of the building walls enclosing the court, which ever is greater. (Ord, 84-2, 3/29/1984, §1107) §1109. Buffer Yards. A buffer yard of at least twenty (20) feet in width shall be required whenever a permitted non-residential use abuts a residential use in the Township or in an adjacent municipality. (Ord. 84-2, 3/29/1984, §1108; as amended by Ord. 85-4, 4/2/1985) Revised 4/2/1985 - 411 - ~~~z (27, §1110) ~1I10. Accessory Buildings. (v, § l l lo) 1. No accessory building shall be permitted in the front yard areas. 2. An accessory building shall not exceed one (1) story in height or fifteen (15) feet. (Ord. 84-2, 3/29/1984, §1109) §1111. Off-Street Parking. 1. Off-street parking shall ;;e provided in accordance with Part 19, Off-street Parking of this Chapter. 2. All parking shall be located at least ten (10) feet away from any property line and/or right-of-way line or any building. Curbing shall be installed to enforce this regulation. 3. Outdoor parking spaces and approaches shall be deemed to be part of the open space of the lot on which they are located. (Ord. 84-2, 3/29/1984, §1110) - 412 - (27, §1201) (27, §1201) Part 12 C-G, Commercial - General §1201. Purpose. The purpose of the C-G, Commercial - General District is to provide reasonable standards for the development of commercial uses in areas where such uses already exist and where the • development of commercial uses is feasible. These commercial uses would include shopping centers. The standards of this District are designed to minimize traffic congestion on the streets, provide for the public '~ convenience and fulfill the other broad purposes of this Chapter. (Ord. 84-2, 3/29/1984, §1200) §1202. Procedural Requirements. All applications for permits, pursuant to this Part, shall be submitted to the Zoning Officer who shall have the option of submitting such applications to the Planning Commission or to the Township Commissioners for recommendations prior to issuing a permit. All applications shall be reviewed by the Plan Review Board prior to the issuance of any permit. (Ord. 84-2, 3/29/1984, §1201; as amended by Ord. 85-4, 4/2/1985) §1203. Permitted Uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other: 1. Commercial uses serving the community, including but not limited to such uses as retail drug stores, food sales, wearing apparel shops, auto gift shops, department stores, dry goods and notion stores, furniture sales, banks and lending institutions, barber and beauty shops, studios, paint, paperhanging and glass shops. 2. Office buildings, professional offices, services and personal services. 3. Newspaper and job printing establishments. 4. Theaters, assembly halls, places of amusement, and commercial recreation establishments including skating rinks, swimming pools, golf driving ranges and outdoor movies. 5. Public garages for storage, repair and servicing of motor vehicles when in a completely enclosed structure; public and private off-street parking lots. • 5. Motor vehicle repair garage, motor vehicle service stations and automobile and truck washing. (Ord. 85-4) ' 7. Public and semi-public uses such as churches, libraries, schools, recreational facilities and municipal buildings of all types. Revised 4/2/1985 - 413 - .3 ~ .3 (27, §1203, cont'd) (27, §1203, cont'd) 8. Post office, central telephone exchanges and transformer substations. 9. Undertaking parlors and funeral homes. 10. Laundry, dry cleaning or dyeing, tailoring, dressmaking, shoemaking and repair shops when primary service or service and sales shops are not manufacturing plants. 11. Residential Use - for dwellings in existence at the time of the adoption of this Ordinance any residential use may be continued pursuant to the rules governing nonconforming uses. However, after the affective date of this Ordinance no new residential uses shall be permitted. This restriction shall not apply to any-dwelling unit for occupancy by a caretaker if such unit is constructed as part of a commercial building and clearly incidental to the permitted use. 12. Dance or music studios. 13. Dog kennels and veterinary hospitals. 14. Service establishments including barber and beauty shops, custom tailor shops, laundry agencies, self-service laundries, hand laundries, shoe repair, dry cleaning, pressing or tailoring shops, in which only non-explosive and non-inflammable solvents and materials are used and where no work is done on the premises for retail outlets elsewhere. 15. Restaurants, tea rooms, cafes and other similar places serving food or beverages including those offering "in-car", "drive-in" or service outside of the building. 16. Bakery, candy, pastry, confectionery or ice cream retail sales with minor manufacturing permitted for sales on the premises only. 17. Motor vehicle body shop, motor vehicle and/or mobile home sales garage and motor vehicle and/or trailer sales lot. 18. Amusement enterprises including drive-in theaters, theaters, billiard or pool parlors, bowling alleys, skating rinks, miniature golf and golf driving ranges or similar uses or places of assembly. 19. Railway or bus passenger stations, telegraph offices and express offices. 20. Hotels, motels and residential hotels. 21. Animal hospitals and pet shops. -414- (27, §1203, cont'd} (27, §1203, cont'd) 22. Private schools conducted for gain or profit. 23. Clubs, including health clubs and lodges. 24. Florists and nurseries. 25. Medical and dental clinics and laboratories. 26. Retailing of building supplies including lumber yards. 27. Accessory uses on the same lot with and customarily incidental to any of the above permitted uses. (Ord. 84-2, 3/29/1984, §1202; as amended by Ord. 85-4, 4(2/1985) §1204. Restrictions on Permitted Uses. 1. All shops and stores shall be so enclosed within a building that no processing or repairing operations will be visible from the front street or from either the front or side street in the case of a corner lot. 2. Any use adjacent to a residential zone boundary line at the side or rear, which conducts any part of its business in any side or rear yard so adjacent, shall erect as a protective screen to a height of _ not less than six (6) feet, a solid painted board fence, masonry wall, or permanent evergreen hedge paralleling the said side or rear zone ~~ boundary line. (Ord. 84-2, 3/29/1984, §1203) §1205. Building Height Limit. No building shall be erected to a height in excess of forty (40) feet; provided, however, that the height limit may be increased one (1) foot for each additional foot that the width of each yard exceeds the minimum required. Each and every yard shall exceed the minimum by the number of feet proposed to be added to the maximum height of forty (40) feet. (Ord. 84-2, 3129/1984, §1204) 1206. Lot Area and Width. 1. For non-residential lots with public sewer, the area and frontage requirements shall be not less than ten thousand (10,000) square feet and lot width of not less than one hundred (100) feet at the street line. 2. For non-residential lots without public sewer, the area and frontage requirements shall be not less than thirty thousand (30,000) square feet and lot width of not less than one hundred fifty (150) feet at the street line. Revised 4/2/1985 - 415 - 3~ `t (27, §1206, cont'd) (27, §1206, cont'd) 3. For permitted residential uses and conversion apartments, the lot area shall be not less than the following: One (1) dwelling unit 4,000 square feet Two (2) dwelling units 7,000 square feet Three (3) dwelling units 9,000 square feet Four (4) dwelling units 12,000 square feet For each additional dwelling unit 1,000 square feet (Ord. 84-2, 3/29/1984, §1205) §1207. Lot Coverage. 1. The maximum lot coverage of any lot in this zoning district shall be eighty percent (80%) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities required by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3/29/1984, §1206; as amended by Ord. 85-4, 4/2/1985) §1208. Yard Regulations. Each lot shall have front, side and rear yards of not less than the depth or width indicated below: 1. Front yard - thirty-five (35) feet. 2. Side yards - ten (10) feet each, provided that pursuant to mutual written agreement the adjoining property owners, no side yard shall be re- quired where two (2) or more commercial uses adjoin side to side; however, in no case shall common walls be permitted between properties of separate ownership. Notwithstanding the above, in the case of a series of adjoining structures abutting and paralleling a public right-of-way, an open and unobstructed passage of at least twenty (20) feet in width shall be pro- vided at grade level at intervals of not more than two hundred (200) feet. 3. Rear yard - thirty (30) feet. (Ord. 84-2, 3/29/1984, §1207) §1209. Buffer Yards. Along any residential district boundary line or when the commercial use abuts an existing residential use, a buffer yard shall be provided which shall be not less than twenty (20) feet in width measured from such boundary line or from the street right-of-way line where such street constitutes the district boundary line, and which shall be established and planted in accordance with the provisions of Part 16, §1602 (General Regulations). (Ord. 84-2, 3/29/1984, §1208; as amended by Ord. 85-4, 4/2/1985) §1210. Accessory Buildings. 1. No accessory building shall be permitted in the front yard. 2. An accessory building shall not exceed one (1) story in height or fifteen (15) feet. (Ord. 84-2, 3/29/1984, §1209) - 416 - Revised 4/2/1985 ' (27, §1211) • • (27, §1211) §1211. Off-Street Parking. 1. Off-street parking shall be provided in accordance with the off-street parking Part of this Ordinance. 2. Outdoor parking spaces and approaches shall be deemed to be part of the open space of the lot on which they are located. • (Ord. 84-2, 3/29/1984, §1210) - 417 - ~~ . ~ i (27, §1301) Part 13 .] C-PL Commercial - Park Limited (27, §1301) §1301. Purpose. The purpose of the C-PL, Commercial - Park Limited District is to provide reasonable standards for the development of commercial uses located adjacent to office and residential uses without •. undue harmful effects; this district is intended to be limited to uses which cause minimal air pollution, noise, glare and fire and safety hazards; to provide for the public convenience; to minimize traffic ' congestion; and to fulfill the other broad purposes of this Chapter. (Ord. 84-2, 3/29/1984, §1300) §1302. Procedural Requirements. All applications for permits, pursuant to this Article shall be submitted to the Zoning Officer, who shall have the option of submitting such applications to the Planning Commission or to the Township Commissioners for recommendations prior to issuing a permit. All applications shall be reviewed by the Plan Review Board prior to the issuance of any permit. (Ord. 84-2, 3/29/1984, §1301; as amended by Ord. 85-4, 4/2/1985) §1303. Permitted Uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other: 1. Shopping centers and shopping malls. 2. Commercial uses serving the community, including, but not limited to, such uses as retail drug stores, food sales, wearing apparel shops, auto and home appliance sales and service, restaurants, depart- ment stores, furniture sales, banks and lending institutes. 3. Commercial recreation facilities. 4. Motor vehicle repair garages, motor vehicle service stations and automobile and truck washing. (Ord. 85-4) 5. Hotels and motels. 6. Accessory uses on the same lot with and customarily incidental to any of the above permitted uses. (Ord. 84-2, 3/29/1984, §1302; as amended by Ord. 85-4, 4/2/1985) §1304. Conditional Uses. The following conditional uses and no other may be allowed or denied by the Township Board of Commissioners after recommendations by the Planning Commission pursuant to the express standards and criteria set forth in Part 18 of this Chapter: 1. Truck terminals. Revised 4/2/1985 - 419 - 3 s(~ (27, §1304, cont'd) (27, §1304, cont'd) 2. Warehouse facilities. (Ord. 84-2, 3/29/1984, §1303) §1305. Building Height Limit. No building shall be erected to a height in excess of forty (40) feet; provided, however, that the height limit may be increased one (1) foot for each additional foot the width of each and every yard exceeds the minimum required. All yards shall exceed the minimum by the number of feet proposed to be added to the maximum height of forty (40) feet. (Ord. 84-2, 3/29/1984, §1304) §1306. Lot Coverage. 1. The maximum lot coverage of any lot in this zoning district shall be seventy percent (70%) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities required by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3/29/1984, §1305; as amended by Ord. 85-4, 4/2/1985) §1307. Lot Area and Width. 1. Lots with public sewer, the area and frontage requirements shall be not less than ten thousand (10,000) square feet and lot width of not less than one hundred (100) feet at the street line. 2. Lots without public sewer, the area and frontage requirements shall be not less than one acre (43,560) square feet and lot width of not less than one hundred fifty (150) feet at the street line. (Ord. 84-2, 3/29/1984, §1306) §1308. Yard Regulations. Each lot shall have yards of not less than the width and depth indicated below: 1. Front yard - fifty (50) feet. 2. Side yards - ten (10) feet, provided that when a mutual agree- ment is provided in writing by the adjoining property owners, no side yard shall be required where two or more commercial uses adjoin side to side; however, in no case shall common walls be permitted between properties of separate ownership. In the case of a series of adjoining structures, abutting and paralleling a public right-of-way, an open and unobstructed passage of at least twenty (20) feet in width shall be provided at grade level at intervals of not more than two hundred (200) feet. 3. Rear yard - thirty (30) feet. (Ord. 84-2, 3/29/1984, §1307) - 420 - Revised 4/2/1985 ' (27, §1309) • (27, §1309) §1309. Buffer Yards. A buffer yard of at least twenty (20) feet in width shall be required when a permitted use abuts a residential use in the Township or in an adjacent municipality. (Ord. 84-2, 3/29/1984, §1308; as amended by Ord. 85-4, 4/2/1985) §1310. Accessory Buildings. 1. No accessory building shall be permitted in the front yard area. 2. Accessory buildings shall be permitted to extend into side yards but shall not be closer than ten (10) feet to the side yard line. (Ord. 85-4) 3. Accessory buildings shall be permitted to extend into rear yard areas but shall not be closer than fifteen (15) feet to the rear yard line. 4. An accessory building shall not exceed one (1) story in height or twenty (20) feet. (Ord. 84-2, 3/29/1984, §1309; as amended by Ord. 85-4, 4/2/1985) §1311. Off-Street Parking. 1. Off-street parking shall be provided in accordance with Part - 19, Off-street Parking, of this Chapter. 2. All parking shall be located at least eight (8) feet from any building or structure. Curbing shall be installed to enforce this regulation. 3. Outdoor parking spaces and approaches shall be deemed to be part of the open space of the lot on which they are located. (Ord. 84-2, 3/29/1984, §1310) Revised 4/2/1985 - 421 - ~~7 (27, §1401) Part 14 I-G Industrial - General (27, §1401) §1401. Purpose. The I-G, Industrial - General District is designed to provide for the more intense types of manufacturing and industrial uses. r.~ulations to minimize their incompatibility with the other districts of ~_ t.:e Township are the minimum required for the mutual protection of the districts in question. In promoting these and the general purposes of the Zoning Ordinance, the specific intent of this Part 14 is: 1. To encourage the construction of and continued use of the land for industrial purposes. 2. To prohibit any use which would substantially interfere with the development, continuation or expansion of industrial uses in the District. 3. To establish reasonable standards for buildings and other struc- tures, the areas and dimensions of yards and other open spaces, and the provision of facilities and operation of industries to minimize air pollution, noise, glare, heat, vibration and fire safety hazards. 4. To separate by buffer-strips from adjacent residential or commer- cial districts (Ord. 84.2, 3/29/1984, §1400) 31402. Procedural Requirements. All applications for permits, pursuant to this part shall be submitted to the Zoning Officer, who shall have the option of submitting such applications to the Planning Commission or to the Township Board of Commissioners for recommendations prior to issuing a permit. All applications shall be reviewed by the Plan Review Board prior to the issuance of any permit. (Ord. 84-2, 3/29/1984, §1401; as amended by Ord. 85-4, 4/2/1985) §1403. Permitted Lses. When not otherwise prohibited by law, a building may be erected or used and a lot may be used or occupied for any of the following uses and no other. Such uses and buildings shall be compatible with the adjoining existing land uses and buildings and shall comply with the provisions of Part 16 of this Chapter. 1. Motor vehicle body shop, motor vehicle repair garage, motor vehicle service station, motor vehicle wrecking, motor vehicle and/or mobile home sales garage, motor vehicle and/or trailer sales lot, automobile and truck washing, tire retreading or recapping. (Ord. 85-4) 2. Indoor tennis courts. 3. Brick, pottery, the or terra cotta manufacturing. Revised 4/2/1985, Corrected 8/28/1986 - 423 - ~; g (27, §1403, cont'd) (27, §1403, cont'd) 4. Bottling works and bookbinding. 5. Building materials storage, lumber yards and lumber mills. 6. Blacksmith and machine shops, excluding punch presses over twenty (20) tons rated capacity, drop hammers, and automatic screw machines. 7. Carpenter, cabinet making, furniture repairing and upholster- ing, electrician, metal working, tinsmith, plumbing, gas, steam or hot water fitting shops. 8. Contractor's equipment, sales, service and storage. 9. Mixing plants for concrete and asphalt. 10. Cleaning, dyeing and steam laundries. 11. Freight terminal and freight yards. 12. Metal fabrication, forging and boiler works. 13. Gas (illuminating or heating) manufacturing and storing. 14. Grain elevators and bulk storage of petroleum and similar products . --~--- 15. Railroad yards, repair shops, roundhouse and truck terminals. 16. Electric and telephone public utility transmission and distribution facilities, including substations, water pumping stations, reservoirs and electric power stations. 17. Laboratories and lithographing. 18. Laundering, cleaning, dyeing, carpet and rug cleaning. 19. Distribution plants, parcel delivery and service industries. 20. Manufacturing, compounding, processing, or treating of such products as bakery goods, candy, cosmetics, dairy products, drugs, pharmaceutical and food products, except fish and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils. 21. Manufacturing, compounding, assembling, or treating of articles or merchandise from the following previously prepared materials; bone, cellophane, canvas, cloth, cork, feathers, felt, film, fur, glass, hair, leather, paper, plastics, precious or semiprecious metal or stone, shell, textiles, tobacco wood, yarn and paint not employing a boiling process. 22. Manufacturing of pottery and figurines or other similar ceramic products, using only clay and kilns fired only by electricity or gas. - 424 - +~ (27, §1403, cont'd) (27, §1403, cont'd) ;' 23. Lime kilns, flour mills, manufacturing or processing of cement. 24. Foundries, steel mills, manufacturing or processing of rubber products and plastics. 25. Printing and newspaper publishing. 26. Electrical, optical and textile manufacturing. 27. Manufacturing of cellophane, canvas, cloth, felt, film and yarn. 28. Manufacturing of aircraft, automobiles, buses, trucks and other transportation equipment. 29. Municipal buildings, municipal uses and firehouses. 30. Wholesale businesses, welding shops, warehouses, and cold storage plants. 31. Customary agricultural operations, farming, nurseries, green- houses, riding academies, livery or boarding stables, dog kennels and animal hospitals. 32. Accessory use on the same lot with and customarily incidental .._. to any of the above permitted uses. (Ord. 84-2, 3129/1984, §1402; as amended by Ord. 85-4, 4/2/2985) §1404. Conditional Uses. The following conditional uses and no others may be allowed by the Board of Commissioners after recommendations by the Planning Commission pursuant to the express general standards and criteria set forth in Part 18 of this Chapter and the specific standards and criteria set forth in Part 17, §1703: 1. The excavation and sale of sand, gravel, clay, shale or other natural mineral deposits, or the quarrying of any kind of rock formation. 2. Junk yard (Ord. 84-2, 3/29/1984, §1403) §1405. Building Height Limit. No building shall be erected to a height in excess of thirty-five (35) feet, provided, however, that the height limit may be increased one (1) foot for each additional foot the width of each yard exceeds the minimum required. Each and every yard shall exceed the minimum by the number of feet proposed to be added ~o the maximum height of thirty-five (35) feet. (Ord. 84-2, 3/29/1984, §1404) Revised 4/2/85 - 425 - ,; sy (27, §1406) (27, §1406) §1406. Lot Area and Width. The lot area shall be not less than one (1) acre and lot width shall be not less than one hundred fifty (150) feet at the street line. (Ord. 84-2, 3/29/1984, §1405) §1407. Lot Coverage. 1. The maximum lot coverage of any lot in this zoning district shall be eighty percent (80%) of the total area of said lot less any additional area required to be free of impervious material as part of the storm water management facilities required by this Township. 2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the storm water management facilities required by this Township shall be planted and maintained with vegetative material. (Ord. 84-2, 3/29/1984, §1407; as amended by Ord. 85-4, 4/2/1985) §1408. Yard Regulations. The minimum depths and widths shall be provided as follows: 1. Between industrial uses and other industrial uses or structures or a district other than residential or apartment-office. A. Front yard depth: sixty (60) feet. B. Side yard depth: twenty five (25) feet each side, except when the property line is a railroad spur used to service the building(s) on the property. No minimum yard depth is required. C. Rear yard depth twenty-five (25) feet, except when the property line is a railroad spur used to service the building(s) on the property. No minimum yard depth is required. Z. Between an industrial district and a residential district and/ or residential use, or an 0-A Office-Apartment district; or an A-O-L apartment office limited district: A. Front yard depth: one hundred fifty (15t?? feet. B. Side yard depth one hundred fifty (150) feet each. C. Rear yard depth one hundred fifty (150) feet. D. Buffer yard depth: twenty-five (25) feet which shall be considered as part of the required one hundred fifty (150) foot yard. (Ord. 84-2, 3/29/1984, §1407; as amended by Ord. 85-4, 4/2/1985) §1409. Control of Dust and Dirt, Fumes, Vapors and Gases. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission is prohibited. (Ord. 84-2, 3/29/1984, §1408) Revised 4/2/1985 - 426 - t (27, §1410) (27, §1410) §1410. Glare and Heat Control. No industrial use shall carry on an operation that produces heat or glare beyond the property lines of the lot which the operation is conducted. (Ord. 84-2, 3/29/1984, §1409) §1411. Vibration Control. Machines or operations which cause vibrations shall be permitted provided that vibrations are not perceptible along the boundary line of any non-industrial district. (Ord. 84-2, 3/29/1984, §1410) §1412. Control Of Radioactivity, Electrical or Radio Disturbance. Activities which emit dangerous radioactivity at any point shall be prohibited. Any use or operation involving electrical or radio disturbance (except from domestic household appliances) which adversely affect the operation at any point of any equipment other than that of the creator of such disturbance shall be prohibited. (Ord. 84-2, 3/29/1984, §1411) §1413. Storage and Waste Disposal. 1. All outdoor facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence and visual screen, and shall conform to all yard requirements imposed upon the main building in this District. 2. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes ' --' or forces, nor shall any substance which can contaminate a stream or -- watercourse or otherwise render such stream or watercourse undesirable as a course of water supply or recreation, or which can destroy aquatic life, be allowed to enter any stream or watercourse. 3. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards. (Ord. 84-2, 3/29/1984, §1412) §1414. Off-Street Parking. Off-street parking shall be provided in accordance with Part 19, Off-street Parking article of this Chapter. (Ord. 84-2, 3(29/1984, §1413) - 427 - J6~ • (27, §1501) Part 15 P - R - D Planned Residential Development §1501. Purpose. (27, §1501) 1. To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings. 2. To provide, through the above innovations, greater opportuni- ties for better housing and recreation for existing and potential residents of the municipality. 3. To encourage a more efficient use of land and of public ser- vices and to reflect changes in the technology of land development so that the economics secured may inure to the benefit of those who need homes. 4. To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, groundwater, wooded areas, steeply sloped areas, and areas of unusual beauty or importance to the natural ecosystem. 5. In aid of those purposes, to provide a procedure which can relate the type, design, and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of 'the regulations over land development established hereby is carried out pursuant to sound, expeditious, and fair administrative standards and procedures. (Ord. 84-2, 3J29/1984, §1500) §1502. Establishment of a District. A Planned Residential Development may be established by the governing body in accordance with the procedure for reclassification of a zoning district. (Ord. 84-2, 3/29/1984, §1501) §1503. Tentative Review and Approval. 1. Prior to the issuance of a Planned Residential Development Permit by the Zoning Officer, a plan must be reviewed by the Hampden Township Planning Commission and the Cumberland County Planning Commission and approved by the Hampden Township Board of Commissioners. The County Planning Commission shall be required to report to the Hampden Township within thirty days or forfeit the right to review. The Township Planning Commission, as preparatory to review, shall hold at - 429 - _~ (o (27, §1503, cont'd) (27, §1503, cont'd) least one public hearing pursuant to public notice and may hold additional public hearings upon such notice as it shall determine advisable. Upon review of the plan and recommendations by the Cumberland County Planning Commission, the Township Planning Commission shall present to the Township Board of Commissioners their recommendations and explanatory materials. Before approving the plan, the Board of Commissioners may continue the hearing from time to time, and may refer the matter hack to the Township Planning Commission for the report, provided, however, that in any event, the public hearings shall be concluded within sixty days after the date of the first public hearing. The Board of Commissioners, within thirty days following the conclusion of the public hearing, shall, by official written communication to the landowner, either: A. Grant tentative approval of the development plan as submitted. B. Grant tentative approval subject to specified conditions not included in the development plan as submitted; or C. Deny tentative approval of the development plan. (1) Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within thirty days after receiving a copy of the official written communication of the Board of Commissioners, notify such Board of his refusal to accept all said conditions, in which case, the Board shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the governing body of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted. 2. The granting or denial of tentative approval by official written communication shall include not only conclusions but also finding of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularly in what respects the development plan would or would not be in the public interest including but not limited to findings of fact and conclusions of the following: A. In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the municipality; B. The extent to which the development plan departs from zoning and/or subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departure is or is not deemed to be in the public interest; - 430 - • (27, §1503, cont'd) • (27, §1503, cont'd) C. The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development. D. The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provides adequate control over vehicular traffic, and further, the amenities of light and air, recreation and visual enjoyment. E. The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established. F. In the case of a development plan which proposed development over a period of years, the sufficiently of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan. 3. In the event a development plan is granted tentative approval,- with or without conditions, and application for final approval of the--: development shall be filed not later than six (6) months. In the case._ of a development plan which provides for development over a period of years, applications for final approval of each. part of the plan shall be filed within twelve (12) months of the previous application for final R approval of a portion of the development, w 4. The official written communication provided for in this article shall be certified by the Secretary of the Township and shall be filed in the office of the Township, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, this shall be recorded on a Township map. 5. Tentative approval of a development plan shall not qualify a plot of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which has been accepted by the landowner, shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided applications are filed within the periods of time specified in the official written communication granting tentative approval. 6. In the event that a development plan is given tentative approval, and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Township in writing, or in the event the landowner shall fail to file - 431 - ~3~z (27, §1503, cont'd) (27, §1503, cont'd) application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Township map and in the records of the Secretary of the Township. (Ord. 84-2, 3/29/1984, §1502) §1504. Final Approval. 1. An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval for a section thereof. Said application shall be made to the Zoning Officer within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bond and such other requirements as may be specified by the Board of Commissioners as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required provided the development plan, or the part thereof submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto. 2. In the event the application for final approval has been filed together with all drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communi- cation of tentative approval, Hampden Township shall, within forty-five (45) days of such filing, grant such development plan final approval. [Ord. 86-6] 3. In the event the development plan as submitted contains variations from the development plan given tentative approval, the governing body may refuse to grant final approval and shall, within thirty days from the filing of the application for final approval, so advise the landowner in writing of said refusal; setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either: A. Refile his application for final approval without the variations objected, or B. File a written request with the governing body that it hold a public hearing on his application for final approval. If the land- owner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within thirty additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have - 432 - Page revised 8/28/1986 (27, §1504, cont'd) (27, §1504, cont'd) abandoned the development plan. Any such public hearing shall be held pursuant to public notice within thirty days after the request for the hearing is made by the landowner and the hearing shall be conducted in the manner prescribed in this article for public hearings on applica- tions for tentative approval. Within thirty days after the conclusion of the hearing, the governing body shall, by official written communi- cation, either grant final approval to the development plan or deny final approval. 4. A development plan, or any part thereof, which has been given final approval, shall be so certified without delay by the governing body and shall be filed or recorded forthwith in the office of the recorder of deeds before any development shall take place in accordance therewith. Upon filing or recording of the development plan, the zoning and subdivi- sion regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planr.~d residential development, or of that part thereof, as the case may be, chat has been finally approved, no modification of the provi- sions of said development plan, or part thereof, as finally approved, shall be made by the township except with the consent of the landowner. 5. In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the governing body in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development within three years after final approval has been granted, no development or further development shall take place on the property included in~.the development plan until after said property is resubdivided and is reclassified by enactment of an amendment to the Hampden Township Ordinance unless written request for an extention of the time period is granted by the Board of Commissioners to the landowner. (Ord. 84-2, 3/29/1984, §1503; as amended by Ord. 86-6, 8/5/1986) §1505. Plans for Tentative Approval. The development shall submit for review by the Planning Commission a plan with the following information: 1. A written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the aublic interest and would be consistent with the comprehensive plan for .he development of Hampden Township. 2. The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed. 3. The density of land use to be allocated to parts of the site to be developed. Page revised 8/28/1986 - 433 - t3 ~ 3 (27, §1505, cont'd) (27, §1505, cont'd) 4. The location and size of the common open space and the form of organization proposed to own and maintain the common open space. 5. The use and the approximate height, bulk and location of buildings and other structures. 6. The feasibility of proposals for the disposition of sanitary wastes and storm water. 7. The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities. 8. The provisions for parking of vehicles and the location and width of proposed streets and public ways. 9. In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed and this schedule must be updated annually on the anniversary of its approval until the development is completed and accepted. 10. The location, size and type of planting for buffer yards; 11. The location and size of areas to be set aside for park and recreation. (Ord. 84-2, 3/29/1984, §1504) §1506. Plans for Final Approval. The developer shall submit for review by the Planning Commission a plan with the following information: 1. Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites when applicable with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all curves. 2. Name and right-of-way width of each street or other right-of-way. 3. Location and dimension and purpose of easements. 4. Number to identify each lot and/or site when applicable. 5. Purpose for which sites other than residential are dedicated or reserved. 6. Minimum building setback line on all lots and other sites. 7. Location and description of survey monuments. - 434 - i (27, §1506, cont'd) (27, §1506, cont'd) 8. Names or record owners of adjoining unplatted land. 9. Reference to recorded subdivision plats of adjoining platted land by record name, date and number. 10. Certification by surveyor or engineer certifying to accuracy of survey and plat. 11. Certification of title showing that applicant is the land owner. . 12. Statement by owner dedicating streets, rights-of-way and sites for public uses. 13. Title, scale, north arrow and date. (Ord. 84-2, 3/29/1984, §1505) §1507. Permitted Uses. 1. Permitted Residential Uses: (a) Single family, detached, (b) Single family, semi-detached, (c) Single family attached (Townhouses), (d) Two family, detached, (e) Two family semi-detached, (f) Multi-family, (g) Group, (h) High rise apartments. 2. Permitted Non-Residential Uses: (a) Retail stores and shops, (b) Restaurants, delicatessens and cocktail lounges, (c) Pharmacies or drug stores, stationery, book, tobacco and news media surveyors, (d) Self service laundry and dry cleaning and pick up stations, (e) Barber shops and beauty shops, (f) Business and professional offices, (g) Banks and finan- cial institutions, (h) Garden center and flower shops, (i) Theaters and auditoriums, (j) Motels and hotels, (k) Automobile service stations, (1) Churches and (m) Recreation facilities. (Ord. 84-2, 3129/1984, §1506) §1508. Density. 1. The maximum gross density for the total acreage within the Planned Development program of a specific developer shall not exceed eight (8) dwelling units per gross acre. 2. A minimum of thirty (30) percent of all dwelling units shall be single family dwelling units, and there shall be a variety of types of dwelling units with a minimum of three types of dwelling units as desig- nated in Section 1507.1. 3. Maximum dwelling units per structure not exceeding two (2) stories in height shall be twelve (12). 4. Maximum dwelling units per structure not exceeding three (3) stories in height shall be eighteen (18). (Ord. 84-2, 3/29/1984, §1507) Page corrected 8/28/1986 - 435 - ~ ~` ~ (27, §1509) (27, §1509) §1509. Setbacks. All structure shall be set back from both public and private right-of-way lines not less than thirty (30) feet and not less than fifty (50) feet from all adjacent property lines to the Planned Residential development tract. (Ord. 84-2, 3/29/1984, §1508) §1510. Building Height. No building shall be erected~to a height in excess of thirty-five (35) feet provided, however, that this height ,limit ~ . may be increased one foot for each additional foot that the width of each yard exceeds the minimum required. (Ord. 84-2, 3/29/1984, §1511) §1511. Minimum Plot. The minimum plot for a Planned Residential Development shall be not less than Fifty (50) acres. (Ord. 84-2, 3/29/ 1984, §1510) §1512. Interior Yards. 1. Interior yards and/or structural spacing shall be provided in accordance with the following schedule: 1 Dwelling 2 Dwelling 12 Dwelling 18 Dwelling Over 18 Dwelling Unit Per Units Per Units Per Units Per Units Per (See Note) Structure Structure Structure Structure Structure F to F 70' 70' 70' 70' Same as 19 dws. F to S 50' S0' S0' S5' per structure F to R 70' 70' 70' 70' plus the S to R 30' 30' 30' ~35' requirements R to R 15' 20' 25' 30' in §1510 C to C 10' 10' 10' 20' 2. The minimum side yard and rear yard requirements for single family dwellings shall be as set forth in §707 of this Chapter. Note: F - Front; S - Side; R - Rear; C -.Corner. §1513. Vegetative Cover. At least fifty (50) percent of the gross area of the Planned Residential Development shall be maintained with a vegetative material. (Ord. 84-2, 3/29/1984, §1513) §1514. Recreation Areas. 1. One (1) acre of playgrounds or playfields shall be provided for each one-hundred (100) dwelling units or one-tenth (1/10) of an acre for each ten (10) dwelling units or less. 2. One (1) acre of parks shall be provided for each one-hundred (100) dwelling units or one-tenth (1/10) of an acre for each ten (10) dwelling units or less. (Ord. 84-3, 3/29/1984, §1514) - 436 - Page corrected 8/28/1986 • (27, §1515) (27, §1515) §1515. Commercial. 1. No commercial enterprises shall be permitted to operate except in the areas designated for commercial uses. The permitted uses designed to serve the neighborhood or development may be constructed provided that: A. They shall be so located as to minimize traffic problems and .be served by main access roads and not primarily residential streets. B. There shall be no outside storage or display of material, equipment or merchandise, 2. The area for commercial use shall not exceed the following: 50 to 75 acres - 10% of tract 75 to 150 acres - 8% of tract 150 to 250 acres - 7% of tract 250 acres and up - 6% of tract At least fifty (50) percent of the residential dwelling unit construction shall be completed before any commercial construction may begin and at no time shall the commercial structures or uses exceed the percentage requirements set forth above. 3. The permissible lot coverage of commercial buildings in the development commercial center areas shall not exceed 25%. 4. The required parking spaces shall be situated on the same lot within not more than two-hundred (200) feet of the commercial building to be serviced. 5. Buffer Yards - Where a commercial area adjoins a residential area within the Planned Development or in adjacent land around the perimeter of the development, a buffer yard shall be required in addition to the above yard requirements. The buffer shall be of a dimension not less than the minimum side yard required for the residential use and shall be covered with ground cover and plantings as outlined in the General Regulations of this Chapter. b. Screen Plantings shall be required where commercial use adjoins a residential use in the Planned Development or in Land areas adjacent to the development and such plantings shall be in conformity with the requirements of the General Regulations. (Ord. 84-2, 3/29/1984, §1514) • §1516. General Regulations. Any development plan shall comply with the parking, loading and unloading, highway access, stream ' protection and any other applicable General Regulation of the Township. (Ord. 84-2, 3/29/1984, §1515) - 437 - 3~.5 (27, §1517) (27, §1517) §1517. Utilities. A development shall be served by a sewage system and treatment facility and a water supply. All plans shall be subject to review and approval by the Township and the Pennsylvania Department of Environmental Resources. (Ord. 8402, 3/29/1984, §1514) §1518. Parking. See Part 19 Off-Street Parking of this Chapter. (Ord. 84-2, 3/29/1984, §1517) - 438 - (27, §1601) Part 16 General Regulations (27, §1601) The following regulations shall qualify, supplement and be in addition to the district regulations appearing elsewhere in this Chapter. §1601. Animals and Poultry. In districts where permitted, the use of buildings and land for farming, nurseries, greenhouses, riding academies, livery or boarding stables, dog kennels, stock and poultry raising, and dairying shall be subject to the following safeguards and regulations: 1. Storage of manure or other odor or dust-producing substances shall not be permitted within thirty (30) feet of any lot line. 2. Coal fueled greenhouse heating plants shall not be operated within one hundred feet of any residential district boundary and natural gas or oil fueled greenhouse heating plants shall not be operated within fifty feet of any such boundary. 3. Buildings used for dog kennels and animal hospitals, including exercise yards, shall not be erected within fifty feet of a residential use. 4. The sale of products raised, bred or grown on the premises shall be permitted provided that all temporary stands or shelters used for such sales and not conforming to building code standards shall be removed during the period not in use for the display or sale of such products. (Ord. 84-Z, 3/29/1984, §1600) §1602. Buffer Yards and Screen Planting. Where buffer yards are required under the terms of this Chapter they shall be provided in accordance with the following standards: 1. All buffer yards shall: A. Be planted with grass or other ground cover. B. Contain a screen to obscure the commercial/industrial/ office use from the adjoining residential use. C. Be maintained and kept free from all debris and rubbish. 2. No structure (other than a fence), manufacturing or processing activity, or storage of materials shall be permitted in buffer yards, provided, however, access drives may cross the buffer yard at a right angle and the parking of automobiles may be permitted in such portion of the buffer yard as determined by the Zoning Officer. • 3. The type of screen in a buffer yard shall be determined by the Zoning Officer and shall consist of the following: -439- .3~ ~' (27, §1602, cont'd) (27, §1602, cont'd) A. A decorative fence, or B. A dense screen planting, or c. A combination of a and b above. 4. When required by a Zoning Officer in a buffer yard, a dense screen planting shall be provided: The screen planting shall consist of trees, shrubs, and other plant materials arranged in a manner to serve as a barrier to visibility, air borne particles, glare and noise. 5. A clear-sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets. 6. The screen may be broken at points of vehicular or pedestrian access and at other points where a barrier is not necessary, provided, however, that A. No outdoor processing or manufacturing activity and no outdoor storage of materials shall be visible from an adjacent residential district; or B. The Zoning Officer may determine that a screen along the street or lot lines is not necessary for the protection of the adjacent uses, regardless of the type. 7. Prior to the issuance of a building .permit, complete plans show the arrangement of all buffer yards and the placement, species, and size of all plant materials to be placed in such buffer yards, shall be approved by the Zoning Officer. (Ord. 84-2, 3/29/1984, §1601} §1603. Motor Vehicle Service Station and Automobile Washing (Car Wash) Access. Motor vehicle service station and automobile washing (car wash) uses shall comply with the following access requirements: 1. Access shall be by not more than two roadways for each two hundred feet or fraction thereof of frontage on any street. 2. Roadways shall be not less than twelve feet apart, and not less than three feet from a side property line. 3. Each roadway shall be not more than thirty-five feet in width, measured at right angles to the center line of the driveway, except as increased by permissible curb return radii. The entire flare of any return radius shall fall within the right-of-way. 4. No roadway shall be closer than ten feet to the point of intersection of two property lines at any corner as measured along the property line, and no roadway shall extend across such extended property line. - 440 - (27, §1603, cont'33 ~7, §1603, cont'd) 5. In all cases where there is ar. existing curb and gutter or sidewalk on the street, the applicant for any permit shall provide a safety island along the entire frontage of the property, except for the permitted roadways. The two ends and street side of each island shall be constructed of a concrete curb, the height, locations, and structural specifications of which shall be approved by the Township Engineer. 6. GTliere there is no existing curb and gutter or sidewalk, the ,applicant shall install such safety island and curb along the entire length of the property frontage and comply with paragraph 5 above. • (Ord. 84-2, 3/29/1984, §1602) §1604. Site Plan: Highway Access. The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas and access to highways. Where a driveway or access road intersects with a state road or highway, the applicant shall submit the site plan for review and approval by the Zoning Officer prior to submitting it for approval by the Pennsylvania Department of Transportation. (Ord. 84-2, 3/29/1984, §1603) §1605. Classification of Annexed Areas. Areas which become annexed to the Township subsequent to the adoption of this Chapter shall be classified automatically to conform to the zoning district to which they are contiguous. Nonconforming uses in these areas shall be subject to the nonconforming use provisions of this Chapter. (Ord. 84-2, 3/29/1984, §1604) §1606. Courts. Courts shall conform to the following requirements: 1. An open space in the form of an inner court or outer court shall be provided in connection with any building in any residential or business district where any room therein in which a person or persons live, sleep, or congregate, cannot otherwise be adequately lighted and ventilated. Such court shall be adjacent to such room, the windows of which shall open in such court. This section shall not apply to specialized commercial or manufacturing processes where controlled light and/or ventilation are required. 2. Outer Court - A. The width of any outer court upon which windows open from a living room, bedroom, or dining room, shall be not less than the height of the wall opposite such windows. B. The depth of an outer court formed by walls on three sides shall be not greater than one and one-half times the width. ' C. The width of an outer court shall be not less than two-thirds the heights of any opposing wall forming said court. - 441 - .~~ 7 (27, §1606, cont'd) 3. Inner Court - (27, §1606, cont'd) A. Each dimension of an inner court shall be not less than the full height of the walls enclosing such court, provided, however, that not less than fifty feet for apartment buildings and not less than ten feet for two-family dwellings. B. An open and unobstructed passageway shall be provided for each inner court. Such passageway shall have sufficient cross-section area and headroom for the passage of fire fighting equipment, and shall be continuous from the inner court to a yard or unobstructed open area with access to a street. (Ord. 84-2, 3/29/1984, §1605) §1607. Fire Escapes. Nothing contained in this Chapter shall prevent the projection of an open fire escape into a required yard for a distance not to exceed eight feet. (Ord. 84-2, 3/29/1984, §1606) §1608. Fences 1. Fences and walls may be erected, altered, and maintained within the yards, provided that any such fence or wall in the front yard shall not exceed three and one-half (3 1/2) feet in height, and any fence or wall in the side or rear yard may be six (6) feet or more in height, provided that any fence or wall exceeding (6) feet in height shall contain openings therein equal to fifty (50~) per cent of the area of that portion of the wall or fence exceeding six (6) feet. 2. All yards used for the storage of any material needed for the operation or conduct of a manufacturing or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence, or screen planting on all sides which face upon a lot in a more restricted zone. 3. Front yard fences: Front yard fences greater than four feet in heights must be placed on or behind the building setback line. (Ord. 84-2, 3/29/1984, §1607) §1609. Gardening. Home gardening shall be permitted in any district. (Ord. 84-2, 3129/1984, §1608) §1610. Obstructions to Vision. 1. No fence, sign or other structure shall be erected or maintained, and no hedge, trees, shrubs, or other vegetation shall be maintained or permitted, which may cause danger to motor vehicle and pedestrian traffic on a street or road by interfering with the view. 2. There shall be provided and maintained at all intersections clear sight triangles of seventy-five (75) feet in all directions measured along the centerline from the point of intersection. Nothing which obstructs the vision of the operator of a motor vehicle shall be permitted within this area. (Ord. 84-2, 3/29/1984, §1609; as amended by Ord. 85-4, 4/2/1985) - 442 - Revised 4/2/1985 ~~ ~ i (27, §1611) (27, §1611) §1611. Outdoor Lighting. All outdoor lighting shall be so arranged and shielded so that no objectionable illumination is cast upon adjoining residential uses in any district. (Ord. 84-2, 3/29/1984, §1610) §1612. Projections in Yards. 1. Cornices: eaves, gutters, bay windows, window wells and chimneys may project into the front, side, or rear yards of a lot, not more than twenty-four inches. 2. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any yard. 3. Uncovered steps and entrance canopies not greater than three feet in depth and six feet in width may project into the required front, rear and side yards. (Ord. 84-2, 3/29/1984, §1611) §1613. Storage in Yard Prohibited. 1. Except as specifically provided herein below, there shall be no storage of materials or equipment in front or side yards of any premises used for residential purposes. _ 2. Currently licensed wheeled vehicles in operating condition used for transportation of an occupant of a residential premises or currently licensed recreational vehicles owned by an occupant of a residential premises may be parked temporarily within the front or side yards of a residential premises provided that the location thereof is approved under this Chapter as an off-street parking space. 3. Pieces of wood not exceeding 30 inches in length to be used for home heating purposes may be stored within the following limitations: A. In a stack not exceeding 30 inches in width immediately adjacent to and along a building or B. Along a side yard property line in a stack not exceeding 30 inches in width and not 48 inches in height, said stack shall not be less 20 feet from the legal right-of-way line of any street or road. 4. All yards shall be maintained and kept free of all debris and rubbish. (Ord. 84-2, 3/29/1984, §1612) §1614. Special Provisions for Street and Highway Widening. Whenever there shall be official plans in existence and/or published for the widening of any street or highway within the Township, the Planning Commission may require additional front yard setbacks for any new construction or for any structures altered or remodeled in order to preserve ;nd protect rights-of-way for such proposed street or highway widening. (Ord. 84-2, 3/29/1984, §1613) - 443 - 3~ ~ (27, §1615) §1615. Swimming Pools, Private. permitted accessory use in any district conditions and requirements: (27, §1615) Private swimming pools shall be a and shall comply with the following 1. The pool is to be used solely for the enjoyment of the occupants of t:h~~ principal use of the property on which it is located. 2. The pool, related structures and equipment, shall not be locat.e.c!. within any required yard area with the exception of a rear yard in which case it shall be located not less than ten feet (10') from the rear lot line. (Ord. 84-7) 3. Every outdoor swimming pool of permanent construction whether above or below ground, shall be completely surrounded by a fence or wall not less than four feet (4') in height, which shall be so constructed as not to have openings, holes, or gaps larger than six inches (6") in any dimension; and if a picket fence is erected or maintained, the horizontal or vertical dimension of space between pickets shall not exceed six inches (6"). When wire mesh fencing is used, the wire shall be no thinner than twelve (12) gauge. (Ord. 84-7) 4. A dwelling or an accessory building may be used as part of the above fencing requirements. 5. All gates or doors opening into such enclosure shall be equipped with a self-closing and self-latching and locking device for keeping the gate or door securely closed at all times when not in actual use. 6. Public swimming pools, where permitted, shall be in conformance with all applicable District Regulations and other applicable state and local regulations. (Ord. 84-2, 3/29/1984, §1614; as amended by Ord. 84-7, 7/3/1984) §1616. Waste and Sewage Disposal. All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes. (Ord. 84-2, 3/29/1984, §1615) §1617. Yard Planting. Yards required in accordance with the provisions set forth in this Chapter and shall be planted with grass seed, sod, ground cover or other vegetative cover, except in cases where walks, access drives, off-street parking Lots, patios or other types of surfaces are permitted in yards. (Ord. 84-2, 3/29/1984, §1616) §1618. Excavation and Fill. The terms, conditions, requirements and provisions of the Hampden Township Excavation and Fill Ordinance enacted December 5, 1972, as now or hereafter amended, are incorporated herein by reference thereto. (Ord. 84-2, 8/29/1984, §1617) §1619. Increased Lot Size. Notwithstanding anything to the contrary hereinbefore appearing, the required minimum lot area of lots not serviced by public service may be increased if the Sewage Enforcement Officer determines that based upon the results of appropriate percolation and soil suitability tests, additional area is required pursuant to Act 537, Pennsylvania Sewage Facilities Act, as amended. (Ord. 84-2, 3/29/1984, §1618) - 444 - (27, §1701) Part 17 Special Standards (27, §1701) §1701. Apartments (conversions). If otherwise allowed as a permitted use, the conversion of an existing structure for apartment use shall comply with the following requirements: 1. Plans for alterations shall be in accordance with all applicable Building, Health and/or Life Safety Codes and shall be approved in writing by the Code Enforcement Officer. (Ord. 84-2, 3/29%1984, §1700) §1702. Motor Vehicle Service Stations. In districts where permitted, service stations shall be subject to the following safeguards and regula- tions: 1. No service station shall be located nearer than one thousand (1000) feet to the lot line of any school, hospital, or nursing or convalescent home. 2. Driveways shall be located in accordance with the provisions of §1602 of this Chapter. 3. All driveways and service areas shall be paved with a surfacing material as approved by the Township Engineer. 4. Motor vehicles shall not be permitted to be parked on sidewalk areas. 5. Liquid fuel pumps shall be set not less than twenty-five (25) feet from the legal right-of-way line of any street or road and not less than thirty-five (35) from any residential zone boundary line. (Ord. 84-2, 3/29/1984, §1701; as amended by Ord. 85-4, 4/2/1985) §1703. Natural Production Uses. The Board of Commissions may authorize as a conditional use in I-G Industrial General District, the excavation and sale of sand, gravel, clay, shale or other natural mineral deposits, or the quarrying of any kind of rock formation, subject to the Special Standards in this Article, and the following conditions: 1. In the case of an open excavation, a safety device such as a wall, fence. earth embankment, or such other means as may be approved by the ' Board shall be provided. 2. No top of the slope or quarry wall shall be nearer than one hundred fifty feet to any property line or street line. Revised 4/2/1985 - 445 - .~~ p (27, §1703, cont'd) (27, §1703, cont'd) 3. Blasting - blast standards shall be those of the Commonwealth of Pennsylvania and where required by the Board seismograph reading and reports shall be furnished on primary blasts. 4. Plans for the use of and reclamation of the site shall be submitted (after prior review by the Planning Commission) and such plans shall take into consideration the following: A. Drainage, prevailing winds, soil erosion, and other problems created by excavation, stripping, quarrying, stock piles and waste piles, while in production. . B. A grading and re-use plan for the site after completion of production as shall permit the carrying out of the purposes of this Chapter. (Ord. 84-2, 3/29/1984, §1702) §1704. Manufacturing. The following data shall be submitted as a part of the application for a permit grounds in addition to and with any other information, plans or data required by any other Township, State or Federal regulation: 1. Plot plan. 2. Architectural plan. 3. Description of operation. 4. Engineering and architectural plans for water supply and sewage disposal. 5. Plans for prevention or control of noise, vibration, glare, fire hazards, air pollution, water pollution, traffic and storm drainage. 6. Proposed fuel and location of storage. 7. Additional pertinent data as may be required by the Zoning Officer . {Ord. 84-2, 3/29/1984, §1703) §1705. Public Utility Facilities. Public utility facilities shall be permitted in any district without regard to the use and area regulations, provided however, that buildings or structures erected for these utilities shall be subject to the following regulations: 1. Front, side and rear yards shall be provided in accordance with _ the regulations of the district in which the facility is located. 2. Height of such facilities shall be as required by the district regulations. ~~ - 446 - . (27, §1705, cont'~ (27, §1705, cont'd) 3. Unhoused facilities shall be enclosed with a chain link fence at least six feet in height topped with barbed wire. 4. Housed facilities - when the facility is totally enclosed within a building conforming with Paragraph 6 hereinbelow, no fence or screen planting need be maintained in conformity with the district in which the facility is located. Outdoor storage of equipment shall mandate screen planting. 5. Screen planting in Residential and Commercial Districts - the required fence for unhoused facilities shall be surrounded by an evergreen planting as approved by the Planning Commission. 6. The external design of the building shall be in conformity with the buildings of the distric*_. 7. Access for unhoused equipment - where vehicular access is across the front yard, a gate shall be constructed of materials having not less than fifty per cent solid in ratio to open space. 8. Plans of the facility shall be submitted to the Planning Commission. (Ord. 84-2, 3/29/1984, §1704) §1706. Habitable Floor Area. The minimum habitable floor area of a dwelling unit of any building or structure hereafter erected or used for living purposes, shall be six hundred square feet, except in the case of apartment houses and conversion apartments, the minimum habitable floor area shall be not less than four hundred square feet per apartment, and except those apartments designed for and occupied exclusively by one person, which shall each contain not less than three hundred square feet of habitable floor area. (Ord. 84-2, 3/29/1984, §1705) §1707. Motels. In districts where permitted, motels shall be subject to the following safeguards and regulations: 1. No motel shall have a lot area less than one acre. 2. Front, side and rear yards of the motel shall be permanently landscaped and maintained in good condition. 3. At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by the Off-Street Parking Part 19 of this Chapter. 4. Every unit shall be provided with running hot and cold water and • toilet facilities. - 447 - 3 7n (27, §1707, cont'd) (27, §1707, cont'd) 5. The space between opposing fronts of motel buildings shall be not less than 84 feet and the space between rears of units shall be not less than 25 feet and the space between the opposing fronts and areas of units shall not be less than 64. 6. With the application for a permit, a.plan shall be submitted to the Zoning Officer showing the following: A. Extent and area of the property. B. Entrances, exits, driveways,'roads, parking areas, and walks. _ C. Location of structure or structures. D. Plan for water supply. E. Plan for sewage disposal. F. Plan for supply of electricity, gas and other utilities. G. Additional pertinent data as may be required by the Zoning Officer. (Ord. 84-2, 3/29/1984, §1706) §1708. Mobile Home. A mobile home shall be permitted to be used as a single family detached dwelling in residential districts subject to the following regulations: 1. A mobile home and the site it occupies shall conform to the residential requirements for dwellings in the districts in which it is located. 2. Such use shall comply with all other codes, rules, regulations and ordinances of Hampden Township. 3. The owner of a mobile home must secure a zoning permit from the Zoning Officer before moving the mobile home onto the site. 4. A mobile home shall meet the minimum habitable floor area requirement of §1706. (Ord. 84-2, 3/29/1984, §984, §1707) §1709 Schools, Hospitals, Churches and Other Public and Municipal Buildings. In districts where permitted, these uses shall meet the following requirements unless specific provisions applicable to the particular district set forth greater requirements: 1. Lot coverage - lot area covered by all buildings including accessory buildings shall not be greater than thirty per cent of the area of the lot. - 448 - (27, §1709, cont' ~7, §1709, cont'd) 2. Yard regulations - each lot shall have yards not less than the following depths or widths. A. Setback or front yard depth - forty feet. B. Side yards - two in number, neither shall be less than twenty feet. C. Rear yard depth - twenty-five feet. • 3. Off-street parking - parking shall be provided in accordance with the provisions of Part 19 hereof. Portions of the required front yard ., setback may be used for off-street parking when authorized as a special exception. 4. Service and access drives shall be at least fifteen feet wide and not over twenty-five feet wide and shall be permitted to cross required yard areas provided that the centerline of the permitted drive shall not be a lesser angle to the street line than sixty degrees. (Ord. 84-2, 3/29/1984, §1708) §1710. Yards. 1. General - A. Yards shall be provided in accordance with the provisions set forth herein and shall be planted with grass, sod, or -other vegetative cover excepting in cases where walks, access drives-, off-street parking lots, patios or other types of surfaces are permitted by this Chapter. All yards shall be maintained and kept free of all debris and rubbish. 2. Setbacks - A. All buildings or structures hereafter erected or altered shall be setback from the street line not less than that specified by the district regulation. B. Where the street upon which the lot abuts is less than fifty feet in width, the front yard depth and the width of the side yard abutting the street shall be measured from a line parallel to and twenty-five feet from the center line of the street. 3. Adjustments to meet existing setbacks in front yards. A. When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard and has been so maintained since the effective date of this Chapter, the front yard of such unimproved lot may be the same depth of the front yard of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located. B. Where an unimproved lot adjoins only one improved lot having thereon a principal building, within twenty-five feet of the common side lot line, which extends into the required front yard of such - 449 - .~ 7 (27, §1710, cont'd) (27, §1710, cont'd) improved lot and which extension existed at the effective date of this Chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district, however, the second unimproved lot from the original improved lot must have at least the minimum front yard depth required in the district. 4. Corner Lots - On a corner lot, the side yard abutting the street , shall have a width equal to the depth of the front yard required in the district. 5. Accessory buildings may be constructed in accordance with the following provisions: A. An accessory building shall not be located within any re- quired yard area with the exception of the rear yard, in which case it shall be located not less than ten feet (10') from the rear lot line. B. An accessory building shall not be constructed so as to obstruct any door or window in the main building. 6. Buffer yards and Screen Planting - (See §1602) (Ord. 84-2, 3/29/1984, §1709; as amended by Ord. 84-7, 7/3/1984; and by Ord. 85-4, 4/2/1985) §1711. Drainage. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites. Drainage plans shall be consistent with local, county and regional drainage plans. The facilities shall be designed to prevent the discharge of excessive runoff onto adjacent properties. (Ord. 84-2, 3/29/1984, §1710) §1712. Keeping of Horses. When the keeping of horses is allowed by this Chapter, the following minimum requirements shall be met: 1. The minimum lot area for the keeping of horses shall be 5 acres. For each horse in excess of 2, additional area shall be provided at the rate of 2 acres per additional horse. 2. Vegetative material shall be provided and maintained on all paddock and grazing areas. 3. Astable building shall not be located closer than one hundred feet to any residential structure. (Ord. 84-2, 3/29/1984, §1711) - 450 - Revised 4/2/1985 • • (27, §1713) (27, §1713) §1713. Roadside Stands. 1. A Highway Occupancy Permit shall be obtained for any access or pull-off areas from all the appropriate Municipal or State authorities. 2. The roadside stand shall be removed at the end of the growing and harvesting season of the products sold. (Ord. 84-2, 3/29/1984, §1712) §1714. Recreation Facilities, Private. Private recreation facilities • such as, but not limited to, tennis and basketball courts, shall be a permitted accessory use in any district and shall comply with the following conditions and requirements: 1. Private recreation facilities shall be used solely for the enjoyment of the occupants of the principal use of the property on which they are located. 2. Private recreation facilities and related structures and equipment shall not be located within any required yard area with the exception of a rear yard in which case they shall be located not less than ten feet (10') from the rear lot line. (Ord. 84-7, 7/3/1984) - 451 - .37~ (27, §1801) Part 18 Conditional Uses (27, §1801) §1801. General Standards. The following general standards shall be used as guidelines by the Planning Commission and Board of Township Commissioners in acting upon applications for Conditional Uses. In passing upon such applications the Commission and/or Board shall determine: 1. That the establishment, maintenance or operation of the • conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. That the conditional use will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 4. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion and to facilitate the circulation and movement of pedestrian and vehicular traffic. 5. That adequate utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal, access roads and other necessary facilities have been or are being provided. 7. That the intended purpose of with the planning policies of this Comprehensive Plan and this Chapter. (Ord. 84-2, 3/29/1984, §1800) the proposed use is not inconsistent Township as contained in the §1802. Specific Standards. The following conditions, standards and criteria shall be applicable to the specific conditional uses indicated below, and shall qualify or supplement all other requirements set forth in this Chapter; and shall be applicable in addition to the special standards and findings set forth in Part 17. (Ord. 84-2, 3/2911984, §1801) §1803. Safeguards. In granting a conditional use, the Board of Commissioners may attach such reasonable conditions and safeguards, in • addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter and of the Municipalities Planning (Ord. 84-2, 3/29/1984, §1802) Code. - 453 - 3~3 (27, §1804) (27, §1804) §1804. Cemeteries. Where cemeteries are permitted as a conditional use the following standards and criteria shall apply: 1. A cemetery shall not be located within five hundred feet of a residential use; provided, however, that this restriction shall not be applicable to a caretaker's residence. 2. A complete site development plan shall be submitted and the following information shall be shown thereon: A. Site location. B. Metes and bounds of tract. C. Location of all existing structures, and identification of use. D. Lay-out of plots, vaults, etc. E. Location of any proposed buildings or improvements. F. Location of all utilities. G. Location of all access drives and parking areas. H. Existing and proposed contours. I. Proposed landscaping. J. Storm drainage calculations. 3. The Township Engineer shall review all site development plans and make written recommendation to the Planning Commission. 4. All permits, licenses and approvals required by any state or local agencies shall be obtained before issuance of a conditional use permit. (Ord. 84-2, 3/29/1984, §1803) §1805. Transformer Sub-Stations. Where transformer sub-stations are permitted as a conditional use the following standards and criteria shall apply: 1. The side, front and rear yard requirements for the zone in which the transformer sub-station is to be located shall be observed. The minimum lot area for a residential use need not be observed. 2. The equipment shall be surrounded by an anchor-type wire fence not less than eight feet in height and topped by barbed wire, or a masonry wall not less than eight feet in height. -454- (27, §1805, cont'c 3. The required fence or wall evergreen shrubbery or tree planting than the heights of the fence or wall (27, §1805, cont'd) shall be surrounded by a permanent of a type that will grow to not less 4. The required side, front and rear yards shall be landscaped with any combination of lawn, trees or shrubs. and maintained in a neat and orderly manner. 5. Necessary access walks for personnel and vehicular service driveways may be installed. 6. Where a vehicular service driveway serves the facility from the front and thus precludes the planting of evergreen shrubbery in front of the entrance gate, the gate shall be constructed of solid materials, either wood or metal, and shall not contain less than fifty per cent solid material in ratio to open space. 7. The plans accompanying an application for a building permit shall clearly indicate the manner in which the requirements set forth herein will be satisfied. (Ord. 84-2, 3/29/1984, §1804) §1806. Mobilehome Parks. It is the intent of this section with respect to the mobilehome park to establish standards of development and promote the desirable benefits which planned mobilehome parks may have upon the community and the residents within it. It is further the intent of __. this section to ensure the compatibility and interdependency of proposed mobilehome developments with essential utilities and surrounding land uses in the Township. 1. Use Regulations - Mobilehome parks are permitted only as conditional uses in the R-T Residential Town Districts, and provided the tract to be used as a mobilehome park meets the criteria of this Chapter. A. Residential Uses - A mobilehome park may contain mobilehomes, single-family detached modular homes, and conventionally built single-family detached homes. Travel trailers or motor homes shall not be permitted as places of habitation in a mobilehome park. B. Non-Residential Uses - A mobilehome park shall not be used for any non-residential purpose, except that accessory uses which are required for the direct servicing, recreation and well-being of the residents and management for the maintenance of the park may be permitted. 2. Conditional Use Application - Any person desiring to use a tract of land for a mobilehome park shall make application for a conditional use. In addition to all other requirements of such application, the applicant ' shall submit as part of the application a tentative sketch plan indicating basically how the applicant intends to develop the property, along with sufficient data to document compliance with the standards specified in this Chapter. - 455 - 3 "l (27, §1806, cont'd) (27, §1806, cont'd) A. Limitation of Approval- If a conditional use application for a mobilehome park is otherwise approved by the Board of Township Commissioners, said Board shall prescribe the time during which the applicant shall be entitled to proceed with the submission of a land development plan under the Hampden Township Subdivision and Land Development Ordinance, which time shall be not less than six (6) months or more than twenty-four (24) months. If the applicant does not proceed with such subdivision within the time prescribed, the conditional use approval shall expire and become void. 3. Specific Conditional Use Criteria - In additional to the general standards as set forth in §1801 of this Chapter, an application for a Conditional Use to Develop a Mobilehome Park shall meet the following specific standards: A. The tract of land to be developed shall be under single ownership. B. Any parcel of land to be used as a mobilehome park must have a minimum area of fifteen (15) contiguous acres of land. C. At least fifty (50) percent of the site must be composed of land which meets the requirements of Section 502 of the Hampden Township Subdivision and Land Development Ordinance. D. A mobilehome park shall be served by the municipal sanitary sewerage system, if available; otherwise said park shall be equipped with a sewage collection system and treatment facility which complies with all regulations of this Township and the Commonwealth of Pennsylvania. E. A mobilehome park shall be served by a public utility water distribution system, if available; otherwise said park shall be equipped with a well or wells supplying a central distribution system with potable water which meets the standards of potability as established by the Commonwealth of Pennsylvania for public utility water systems. F. Any land intended for a mobilehome park must have direct access to an arterial street or a collector street. G. The applicant shall demonstrate to the satisfaction of the municipal governing body that he has complied with or will comply with all requirements of any other governmental body having jurisdiction. 4. Site Design: A. Building Height Limits - No building shall be erected to a height in excess of thirty-five (35) feet. B. Lot Area and Width - Each mobilehome shall be located on a lot with an area of not less than seven thousand five hundred (7,500) square feet and a lot width of not less then sixty (60) feet at the street line. - 456 - Page corrected 8/28/1986 (27, §1806, cont~ i (27, §1806, cont'd) C. Lot Coverage - All buildings, including accessory buildings, shall not cover more than thirty percent (30~) of the lot area. At least fifty (50%) of the area of the lot shall be maintained with a vegetative material. D. Yards - Each lot shall have front, side and rear yards of not less than the depth or width indicated below: (1) Front yard - twenty-five (25) feet (2) Side yards - ten (10) feet each (3) Rear yard - twenty-five (25) feet E. Off-Street Parking - Each mobilehome lot shall have two (2) off-street parking spaces. Each parking space shall be not less than ten (10) feet in width by twenty (20) feet in length. F. Street layout - The interior street system of a mobilehome park shall comply with the engineering specifications and regulations of the Hampden Township Subdivision and Land Development Ordinance. G. Anchorage and Tie-Down - Every mobilehome shall be provided with devices for anchoring the unit to prevent overturning or uplift. A concrete platform or a frost-free foundation and footer shall be provided for the parking of the mobilehome unit. Anchorage may be by eyelets imbedded in the concrete or block with adequate anchor plates or hooks, or other suitable means. Anchors and tie-downs shall be placed at least at each corner of the mobilehome. Each anchor and tie-down shall be adequate to withstand wind forces and uplift and be able to sustain a minimum tensile strength of two thousand eight hundred (2,800) pounds. H. Skirting - An enclosure of compatible design and material of the mobilehome shall be erected around the entire base of each mobilehome. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. (Ord. 84-Z, 3/29/1984, §1805) §1807. Resort Hotels and Resort Motels. Where resort hotels and motels are permitted as a conditional use the following standards and criteria shall apply: 1. A minimum lot or site area of twenty-five acres shall be provided. 2. A sits development plan showing the following information shall be submitted: A. Location of site. B. Metes and bounds of tract. C. Utilities plan showing both existing and proposed utilities with appropriate cross sections. D. Site improvements, including streets, paved areas, parking areas, etc., with appropriate cross sections. - 457 - 37~s (27, §1807, cont'd) (27, §1807, cont'd) E. Storm water calculations and a proposed method of storm water drainage. F. Improvement plan layout. G. Contours of the site at intervals of five feet. H. Identification of natural features. 3. The Planning Commission shall review all applications under this " section with the Township Engineer serving as a consultant to the Commission. . 4. The applicant shall remove only a minimal amount of natural vegetation for the site. 5. Lot coverage of all buildings and paved areas may not exceed twenty per cent of the lot area. 6. The Cumberland County Soil Conservation District shall review proposed plans and make a recommendation prior to recommendation of the Planning Commission. (Grd. 84-2, 3/29/1984, §1806) §1808. Hospitals, Nursing Homes, and Sanitariums. 1. The lot area shall be not Iess than five acres. 2. No building or structures shall be located within one hundred feet of a property line or street. 3. When the development abuts an existing residential use, a planting strip not less than fifteen feet in width shall be provided. A planting screen comprised of fifty per cent evergreen material not less than six feet in height shall be provided within the strip to screen the buildings and use areas from the adjacent residential use. 4. The development shall be connected to the municipal sewage system or shall provide a disposal facility approved by the Pennsylvania Department of Environmental Resources. 5. A safe potable water supply shall be provided. When public water service is not available, the source and system shall be approved by the Pennsylvania Department of Environmental Resources. 6. A general development plan for the entire development shall be submitted for review by the Board of Commissioners. This plan shall show the location of alI buildings and use areas, lawn areas, and parking and any screen planting. General plans for storm water collection, water distribution and sewage treatment shall also be provided. (Ord. 84-2, 3/29/1984, §1807) - 458 - • (27, §1809) (27, §1809) §1809. Greenhouses and Nurseries. Where greenhouses and nurseries are permitted as a conditional use the following standards and criteria shall apply: 1. Off-street parking shall be provided in accordance with Part 19 of this Chapter. 2. A minimum lot area of five acres shall be provided. 3. No accessory building and/or structure shall be located closer than seventy-five feet to a property line. 4. Retail/wholesale sales shall be limited to the products grown within such greenhouse or nursery. (Ord. 84-2, 3/29/1984, §1808) §1810. Truck Terminals and Warehouses. Where truck terminals and warehouses are permitted as a conditional use the following standards and criteria shall apply: 1. A minimum lot area of ten acres shall be provided. 2. Lot coverage including all paved areas may not exceed seventy (70%) per cent of the total lot area. --- 3. A buffer yard equal to 30% of the total lot area distributed equally around the perimeter of the lot shall be provided. 4. A planted buffer/screen shall be provided around the entire perimeter of the lot a minimum of twenty-five feet wide. Such screen shall comply with the criteria of §1602(4), of this Chapter. 5. Development of the site shall comply with all the provisions of the Hampden Township Sub-division and Land Development Ordinance (Chapter 22) and all other applicable rules and regulations. (Ord. 84-2, 3/29/1984, §1809) §1811. Golf Courses, Country Clubs and Campgrounds. Where golf courses, country clubs and campgrounds are permitted as conditional uses, the following standards and criteria shall apply: 1. A minimum lot area of ten acres shall be provided. 2. No building and/or structure shall be located closer than seventy-five feet to any property line. 3. A minimum amount of vegetation shall be removed. 4. A maximum lot coverage shall be twenty-five per cent. (Ord. 84-2, 3/29/1984, §1810) - 459 - 3 7~ (27, §1901) • Part 19 (27, §1901) Off-Street Parking, Loading and Unloading §1901. General Regulations. 1. Off-street parking, loading and unloading facilities shall be .. provided to lessen congestion in the streets. The facilities required herein shall be available for the particular business or use for which such facilities are provided. 2. Parking spaces required under this Chapter shall be: A. Located on the premises containing the principal use; or B. Located on another lot having the same ownership as the premises of the principal use, and provided that: (1) Such other lot shall be located at a distance of not more than five hundred (500) feet as measured along the center line of the planned route of pedestrian traffic between the principal pedestrian entrance of the building or other structure on the premises of the principal use and the geographical center of the parking area on the off-premises parking lot, and (2) The owner enters into a written agreement with the Township of Hampden subject to the prior approval of the Zoning Officer and the Township Solicitor as to both form and substance, whereby a covenant running with both lands shall be imposed assuring the perpetual use of such off-premises parking lot in connection with the parking requirements hereunder for the principal premises, said agreement shall be executed and duly recorded in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania, prior to and as a condition of approval of such off-premises parking lot. (Ord. 84-2, 3/29/1984, §1900; as amended by Ord. 84-7, 7/3/1984} §1902. Parking Facilities Required. Any structure or building hereafter erected, converted, or enlarged for any of the following uses, or any open area hereafter used for commercial or similar purposes, shall be provided with not less than the minimum spaces, as set forth below, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of required parking spaces shall be readily accessible to the uses served thereby. Fractional numbers of reeuired parking spaces shall be increased to the next whole number. 1. Residential Parking: A. Dwelling, One or Two-Family - (1) Two (2) parking spaces for each family unit. - 461 - 377 (27, §1902, cont'd) B. T}welling, Multi-Family, Apartments, Townhouses, Hotels, Motels - (1) The total number of parking spaces shall be not less than one and one-half (1.5) spaces for each single bedroom unit and two (2) spaces for each unit with two or more bedrooms. At least one parking space shall be provided for each guest room. If a restaurant in connection with any other use is open to the public, the off-street parking facilities shall not be less than those required for restaurants, in addition to those required for the specific use. 2. Commercial Parking - Off-street parking shall be provided for in accordance with the following schedule: A. Theaters, auditoriums, churches, schools, stadiums, and other similar places of public or private assembly - One (1) parking space for each three (3) patron seats provided. B. Retail stores, personal and repair services and banks (other than in a shopping center) - One (1) parking space for each one hundred (100) square feet of gross floor area for public use. Plus one (1) additional space for every two (2) employees. C. Shopping Center - One (1) parking space shall be provided for each one hundred fifty (150) square feet of floor area devoted to selling, display and patron use, plus one (1) additional parking space for every two (2) employees. (Ord. 85-4) D. Restaurants, nightclubs, taverns - One (1) parking space for each fifty (50) square feet of gross floor area for public use. E. Bowling Alleys - Five (5) parking spaces for each alley or lane. F. Office buildings other than the Healing Arts - One (1) parking space for each one hundred fifty (150) square feet of gross floor area. G. Office building for Healing Art (i.e., physicians, dentists, chiropractors, optometrists, veterinarians, etc.) - One (1) parking space for each one hundred (100) square feet of gross floor area. H. Motor vehicle garages, service stations and body shops - One (1) parking space for each two hundred (200) square feet of gross floor area devoted to repair or service facilities, which shall be in addition to the area allocated for the normal storage of motor vehicles. I. Parking structure and parking lots operated for profit - No minimum required parking spaces, however, no parking shall be permitted within any required yard areas. J. Hospitals and institutional buildings - One (1) parking space for each three (3) beds. Such spaces shall be provided in addition to those necessary for doctors, health care and administrative personnel and other employees. One (I) parking space shall be provided for each employee on the largest shift. - 462 - Revised 4/2/1985 (27, §1902, cont'd) (27, §1902, cont'd) K. Roller rinks, ice skating rinks, dance halls and other similar places - One (1) parking space for each two hundred (200) square feet of floor area - L. Swimming pools - One (1) parking space for every twenty-four (24) square feet of all water surface areas. M. Tennis courts (indoor and outdoor), racquetball and handball ., courts - Two (2) parking spaces for each court provided. N. Mortuaries, funeral homes - One (1) parking space for each fifty (50) square feet of gross floor area for use of memorial services, viewing area, business office and products display. 0. Other commercial uses not specifically provided for - One (1) parking space for each two hundred (200) square feet of Boor area. However, depending on the proposed use, the Zoning Officer shall have the right to apply a different parking fraction. 3. Outdoor Area Uses - A. Golf - Four (4) parking spaces for each tee provided. B. Miniature Golf - Two (2) parking spaces for each tee provided. C. Golf Driving Range - One (1) parking space for each tee provided. A. Other Open Areas - One (1) parking space for each two thousand (2,000) square feet of area. 4. Lndustrial Parking - These regulations shall apply to all industrial installations and industrial expansions erected after the effective date of this Chapter. Off-street parking shall be provided on the premises in accordance with the following: A. Industrial and manufacturing establishments - One (1) parking space for each two (2) employees on the combined major and nest largest shift. B. Truck terminals and warehouses - One (1) parking space for each two (2) employees on the combined major and next largest shift. C. Visitors and Salesmen - Space shall be provided in addition to the above parking requirements according to specific needs. (Ord. 84-2, 3/29/1984, §1901; as amended by Ord. 85-4, 4/2/1985) §1903. Public Rights-of-Way Excluded. Parking that may be permitted within any public right-of-way may not be used in calculating the number of parking spaces that are provided by the applicant. (Ord. 84-2, 3/29/1984, §1902) §1904. Loading and Unloading Space. In addition to the off-street parking space requirements set forth herein, any building erected, Revised 4/2/1985 - 4b3 - 378 (27, §1904, cont'd) (27, §1904, cont'd) converted, or enlarged in any district for commercial, office building, manufacturing, wholesale, hospital or similar uses, shall provide adequate off-street areas for loading and unloading of vehicles. The minimum size of loading space shall be fifty (5U) feet in depth, twelve (12) feet in width, with an overhead clearance of fourteen (14) feet, and shall be provided according to the following schedule: Use Gross Floor Area Square Feet Minimum Plumber of Space Stores, manufacturing, Under 8,000 1 wholesaling, commercial, 8,000 to 40,000 2 hospitals, laundry, 40,000 to 100,000 3 mortuary dry cleaning 100,000 to 250,000, 4 and similar uses each additional 200,000 1 Office buildings, under 100,000 1 hotels, motels and 100,000 to 300,000, 2 similar uses over 300,000 3 In no case where a building is erected, converted or enlarged for commercial, manufacturing, or business purposes shall the public rights-of-way be used for loading or unloading of materials. (Ord. 84-2, 3/29/ 1984, §1903) §1905. Design Standards. All off-street parking areas shall be designed to meet the following standards: 1. Parking lot where more than two (2) parking spaces are required under Section 1901, such spaces shall be provided in a parking lot. Z. Surfacing - All off-street parking areas shall be surfaced so as to provide a durable and dustfree surface. All entrance and exit drives serving a parking area shall be paved in accordance with PennDOT 408 Specifications. 3. DRAINAGE - All drainage shall be controlled so as not to create water runoff to any adjacent properties or undesirable conditions. Parking areas when determined necessary by the Township Engineer, shall have storm water drainage facilities discharge to an adequate storm drainage system. All storm drainage facilities and plans are subject to approval by the Township Engineer. 4. ENTRANCE and ERIT DRIVES - Ingress and egress for a parking lot shall be a minimum of sixteen (16) feet in width for one way access use and a minimum of twenty-four (24) feet in width for two way access use. 5. FIRE LANES - Fire lanes shall be provided where determined necessary by the Township Fire Marshall as provided for in accordance with the provisions of the Hampden Township Fire Prevention Code (Chapter 5, Part 4). - 464 - (27, X1905, cont'd) (27, §1905, cont'd) 6. CIRCULATION - Circulation control shall be designed to one way directional travel wherever possible. No parking shall be provided or permitted along any circulation drives or entrance and exit drives. Drives shall be uniform in width and provide for ninety (90) degree intersections wherever possible. 7. TRAFFIC CONTROL - Entrance and exit arrangements, acceleration and deceleration lanes and traffic signals may be required, depending on the amount of anticipated traffic, and the condition of the public street. 8. SERVICE TRAFFIC - Customer and service traffic shall be separated whenever possible. Loading and unloading areas shall be located as not to interfere with customer parking areas. 9. LANDSCAPE STRIPS - Parking areas with more than fifty (54) spaces shall provide landscaping strips to separate the parking spaces from the entrance, exit, and circulatory drives. The landscaping strip shall have a minimum width of eight (8) feet and a depth of length equal to the parking stalls as shown on standard drawing 1900-A. 10. PARKING LOT AREA - Parking lots shall be divided into separate parking areas. Each area shall not exceed three hundred (300) feet in length and two hundred fifty six (256) feet in width or a width capable of providing four (4) parking lanes and four (4) parking access drives. These areas shall have their entire perimeter defined by curbs, walks, landscaping strips or other devises to control traffic. 11. PARKING LANES - Parking lanes shall be no longer than three hundred (300) feet in length without providing a circulatory drive. The outside perimeter of a parking lot providing the required parking spaces shall be located not more than six hundred (600) feet from the use requiring the parking. Parking spaces located more than three hundred (300) feet from the use requiring the parking shall provide pedestrian access sidewalks from the parking area to the specific use. Said sidewalks shall be not less than four (4) feet in width. The location of parking spaces and sidewalks shall be designed to prevent intrusion of vehicles onto sidewalks. 12. PARKING ACCESS DRIVES - Parking access drives shall be provided as a means of vehicular travel to and from the entrance and exit drives and the parking spaces. Access drives shall be designed to provide the specified width in accordance with Standard Drawings 1900-A and 1900-B. 13: DEAD END DRIVES - All parking lots with dead end drives shall be designed to provide sufficient back up or turn around area for the end parking spaces. 14. PARKING SPACE REQUIREMENTS: A minimum of sixty (60) percent of the required total number of parking spaces shall be provided for full size vehicles. Each parking space shall be not less than ten (10) feet wide by twenty (20) feet long. A maximum of forty (40) percent of the parking spaces may be provided for compact vehicles. Each of these parking spaces - 465 - <37~ (27, §1905, cont'd) (27, §1905, cont'd) shall be not less than eight (8) feet wide by eighteen (18) feet long. All compact parking shall be arranged and located in the same area and be marked to indicated spaces designated for compact parking. 15. HANDICAPPED PARKING - Handicapped parking spaces shall be provided in accordance with the provisions of the Hampden Township Building Code and shall comply with the location, size, marking, and ingress and egress requirements setforth therein. 16. PARKING SPACE MARKING - Parking spaces shall be defined by a double four (4) inch painted or road surface tape line. The lines shall run parallel a width of thirty-six (36) inches with the ends of the double lines connecting. Lines shall be replaced as necessary to insure their visibility. 17. SIGNS - Entrances and exits shall be clearly marked by signs. One way access drives shall be marked on the drive surface and by above grade signs. All parking lots with over one hundred (100) spaces shall have the individual parking lane identified. 18. LIGHTING - All lighting used to illuminate off-street parking areas shall be arranged so as to prevent direct light onto the adjoining premises and/or public right-of-ways. Light standards shall be protected from vehicular traffic by curbing or landscaping. 19. STANDARD DRAWINGS - Standard Drawings 1905-A and 1905-B attached hereto may be used as parking area lay-out guides. (Ord. 84-2, 3/29/1984, §1904) - 466 - ~u TI=R EX I T ~f~lv E ~~ 4 i~ ... 1 i i I , ' 1 uJ a : ~ i ~, c Q. = i ,~ a ,~~ 1 ~ C ~-~ ~ _ c, ~~ \. ` ~ 2 ~ . ~`i 8 ~~o . • ---- ---r-- - - -- l ^. 3. I a' PAR`~_Ii.~C, ~.CC-F~~ GR,~~F A ~: N ,U„ t :r. - ~ ~~, ~ ~ i Q.,~ ~ ~ ~ I ! ~ ~ i Son r;~~. a_ : - i F'uL izE r' R~i~G ~ --- - -- - .r, ~ f 1 ' I ~ ~ d' ' -~--- Vi ~~ , I ~~ i 1 2 ~ ~ ~ --~ ', -_31 ~' ~ 8 !D~ 10~ ' i Sra,u o~aRO 19 0~- a, 3 g~ _ _ ~- 1 8 , _ -" 5 _ . _->--"~- 'S~ ~'`a ~a~o (27, §2001) Part 20 (27, §2001) Non-Conforming Buildings and Uses §2001. General. All lawful uses of land or of a building or other structure existing on the effective date of this Chapter may be continued, altered, restored, reconstructed, sold or maintained even though such use ,, may not conform to the use, height, area, yard and other regulations of the district in which it is lo:.ated, providing such non-conforming uses shall comply with the provisions of this Part 20. (Ord. 84-2, 3/29/1984, §2000) §2002, Continuation. The owner of the premises occupied by a lawful non-conforming use or building existing at the effective date of this Chapter shall, within one (1) year of the effective date of this Chapter, report to the Zoning Officer the information necessary for the registration of such non-conformance under Section 2007 of this Part, and shall secure a Certificate of Non-Conformance for the purpose of insuring to the owner the right to continue such non-conforming building or use. (Ord. 84-2, 3/29/1984, §2001) §2003. Alterations and Reconstruction. 1. Repairs and structural alterations not constituting extensions, expansions or enlargements may be made to a non-conforming building or to a building occupied by a non-conforming use. 2. Anon-conforming building which is damaged by fire, explosion or an act of God, may be rebuilt and used for the same purposes, provided that: A. The reconstruction of the building is commenced within one (1) year from the date of the destroying of the building and is carried to completion without undue delay. B. The reconstructed building does not exceed in height, area and volume, the building destroyed. C. The reconstructed building shall comply with the area, size and yard regulations of the district in which it is located. (Ord. 84-2, 3/29/1984, §2002) §2004. Extensions, Expansions and Enlargements. 1. The Zoning Hearing Board may authorize as a special exception, the following types of extensions, expansions and enlargements for nonconforming uses and buildings existing on the effective date of this Chapter: A. The extension of a nonconforming use of land upon a lot occupied by such use, Page corrected 8/28/1986 - 467 - ~3~ 1 (27, §2004, cont'd) (27, §2004, cont'd) B. The extension, expansion or enlargement of a conforming building occupied by a nonconforming use. C. The extension, expansion or enlargement of a nonconforming building occupied by a nonconforming use. D. The extension, expansion or enlargement of a nonconforming building occupied by a conforming use. 2. The foregoing extensions, expansions and enlargements of such nonconforming buildings or use shall be subject to the following conditions: A. The extension, expansion or enlargement shall conform to the height, area, yard and coverage regulations of the district in which the use would be permitted as a matter of right. B. The entire building or use shall be provided with off-street parking and loading spaces as required by Part 19 "Off Street Parking". C. The extension, expansion or enlargement does not replace a conforming use. D. The extension, expansion or enlargement of the nonconforming building or use shall not be permitted to extend into land adjacent to the initial parcel of existing land occupied on the effective date of this Chapter. (Ord. 84-2, 3/29/1984, §2003) §2005. Change of Use. 1. Whenever a non-conforming use has been changed to a conforming use, such use shall not thereafter be changed to a non-conforming use. 2. A nonconforming use may be changed to another nonconforming use of the same or more restricted classification. (Ord. 84-2, 3/29/1984, §2004) §2006. Abandonment and Discontinuance. 1. If a non-conforming use of a building or land is abandoned for any period of time, the non-conforming status thereof shall be lost, and the subsequent use of such building or land shall be in conformity with all the provisions of this Chapter. 2. If a non-conforming use of a building or land ceases or is discontinued for a continuous period of one (1) year or more, the non-conforming status thereof shall be lost, and subsequent use of such building or land shall be in conformity with all the provisions of this Chapter except in cases where the cessation or discontinuance was caused by circumstances beyond the control of the owner. -468- (27, §2006, cont'~ (27, §2006, cont'd) 3. The removal of a non-conforming mobile home from the site it occupied shall constitute abandonment of the site so occupied and subsequent use of said site shall conform with the provisions of this Chapter. 4. The removal of a mobile home from a residential lot already occupied by a residential building shall constitute abandonment of the non-conforming use and such use shall not thereafter be permitted. 5. Mobile home parks, trailer camps or trailer parks which are non-conforming under the terms of this Chapter shall be operated in accordance with Public Health Regulations, Commonwealth of Pennsylvania, Department of Environmental Resources, under the provisions of the Act 175 of April 9, 1929, P.L. 177, as amended, and all applicable laws. (Ord. 84-2, 3/29/1984, §2005) §2007. Registration. The Zoning Officer shall identify and register all non-conforming uses and structures with due diligence. He shall maintain for that purpose a file, reflecting, for each non-conforming use of structure, the name and addresses of all persons having an ownership or promissory interest in the property, a description of the property, its location, its zoning classification, a detailed description of each non-conforming use and structure, the manner in which it is non-conforming, the date and a detailed description of each alteration, restoration, reconstruction, change, extension, and enlargement, the date of any abandonment or discontinuance, the date of issuance of each certificate of -~ non-conformance and any other pertinent information. (Ord. 84-2, 3/29/1984, §2006) - 469 - ~~t~2 . • (27, §2101) Part 21 Enforcement and Administration (27, §2101) §2101. Zoning Hearing Board. The Township Commissioners shall appoint a Zoning Hearing Board, which shall have the number of members, such duties, powers, jurisdiction and authority as set forth in Article IX of the Pennsylvania Municipalities Planning Code (Act 417 of 1968) as enacted or amended. The duly established Zoning Hearing Board shall have the following functions: *: 1. Hearings - the Board shall conduct hearings and make decisions in accordance with Section 908 of the Pennsylvania Municipalities Planning Code, as amended. Notice shall be given to the public, the applicant, the Zoning Officer, and any person who has made timely request for same. Notices shall be given at such time and in such manner as shall be prescribed by rules of the Board. In addition, notice shall be conspicuously posted on the affected tract of land. 2. Appeals - The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid Ordinance or map or any valid rule or regulation governing the action of the Zoning Officer. Nothing obtained herein shall be construed to deny to the appellant the right to proceed directly in court where appropriate. 3. Challenge to Validity - Except as provided in §2101 below relating to variances, the Board shall have no power to pass upon the validity of any provision of an Ordinance or map adopted by the Township Commissioners. Recognizing that challenges to the validity of an Ordinance or map may present issues of fact and interpretation which may lie within the special competence of the Board, and to facilitate speedy disposition of such challenges by a court, the Board may hear all challenges wherein the validity of the Ordinance or map presents any issue of fact or interpretation not hitherto properly determined at a hearing before another competent agency or body and shall take evidence and make a record thereon as provided in §2101(1) above. At the conclusion of the hearing, the Board shall decide all contested questions of interpretation and make finding on all relevant issues of fact, which shall become part of the record on appeal to court. 4. Variances - the Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Board shall by rule prescribe the form of application and require preliminary application to the Zoning Officer. The Board may grant a variance, provided the following findings are made where relevant in a given case: -471- 3~3 (27, §2101, cont'd) (27, §2101, cont'd) A. That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the the Zoning Ordinance in the neighborhood or district in which the property is located. B. That because of such physical circumstances 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 therefore necessary to enable the reasonable use of the property. C. That such unnecessary hardship has not been created by the appellant. D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, or substantially or permanently impair the appropriate use of development of adjacent property, or be detrimental to the public welfare. E. That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least possible modification of the regulation in issue. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Ordinance and of the Municipalities Planning Code (Act 247 of 1968), as amended. 5. Special Exceptions - special exceptions may be granted or denied by the Board pursuant to expressed standards criteria set forth in this Chapter. The Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter and of Act 247 of 1968, as amended. The Board shall pursue the following procedure: A. The Board's decision to grant a permit for special exception use shall be made only after public notice and hearing. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or conditions shall be subject to the provisions of this §2101. - 472 - • (27, §2101, cont'd) i (27, §2101, cont'd) B. rlo permit shall be granted by the Zoning Hearing Board for any special exception use until said Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the Township, and, where appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street truck loading spaces and other pertinent features of the site plan. The Planning Commission shall have thirty (30) days from the date of its receipt of the application within which to file its report thereon. In the event that said Commission shall fail to file its report within such thirty (30) days, such application shall be deemed to have been approved by said Planing Commission. The Planning Commissions may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Zoning Hearing Board shall hear and decide the application in the same manner and under the same procedure as required by law and Ordinance. ~, r~ C. A special exception use for which a permit is granted by the Zoning Hearing Board pursuant to the provisions of this sections shall constitute a conforming use. 6. Time Limitations - the time limitations for raising certain issues and filing certain proceedings with the Board shall be the following: A. No person shall be allowed to file any proceeding with the ., Board later than thirty (30) days after any application for development, preliminary or final, has -been approved by any appropriate municipal officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had not notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. B. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative or preliminary plan by the governing body or from an adverse decision by the Zoning Officer on a challenge to the validity of an Ordinance or map shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative or preliminary approval. 7. Stay of Proceedings - upon filing of any proceedings referred to in this item and during its pendency before the Board, all land development pursuant to any challenged Ordinance, order or approval of the Zoning Officer or any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or body certified to the Board facts indicating that such stay would cause imminent peril to life or property; in which case, the development or official action shall not be stayed otherwise than by a restraining order which may be granted by the Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has. been duly approved and proceedings designed to reverse or limit the - 473 - t3~~t (27, §2101, cont'd) (27, §2101, cont'd) approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question of whether or not such petition should be granted and the amount of the bond shall be within the sole discretion of the court. - (Ord. 84-2, 3/29/1984, §2100) §2102. Zoning Appeals to Court. The procedure to be followed in filing appeals to the courts shall be in accordance with the Pennsylvania Municipalities Planning Code (Act 247 of 1968), as amended. (Ord. $4-2, 3/29/1984, §2101) §2103. Zoning Officer. It shall be the duty of the Zoning Officer, and he is hereby given the necessary power and authority to enforce the provisions of this Chapter. The Zoning Officer shall examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this Chapter, record and file all applications for permits with accompanying plans and documents, and make such reports as the Township Commissioners may require. The Zoning Officer may seek the advise and recommendation of the Planning Commission and/or the Plan Review Board. Permits for construction and uses which are a special exception or a variance to requirements of this Chapter shall be issued only upon written order of the Zoning Hearing Board. (Ord. 84-2, 3/29/1984, §1202) §2104. Permits. 1. Requirement of Permits - a zoning permit shall be required prior to the erection, addition, or alteration of any building or portion thereof, prior to the use or change in the use of a building or land, and prior to the change or extension of a non-conforming use. Zt shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use, until a permit has been duly issued therefore. No Zoning Permit shall be required in cases of normal maintenance and repairs which do not structurally change a building or structure. 2. Applications for Permits - alt applications for permits shall be accompanied by a plan, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building, the number of families or dwelling units the building is designed to accommodate, and such other information as may be necessary to determine compliance with this Chapter and all other pertinent Ordinances. One (1) copy of the plans shall be returned to the owner when the plans are approved by the Zoning Officer or other appropriate person or body. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied. -474- (27, §2104, cont'3) (27, §2104, cont'd) 3. Issuance of Permits - no permit shall be issued until the Zoning Officer has certified that the proposed use of land, building, addition or alteration complies with all the provisions of this Chapter, as well as with all the provisions of any existing or hereafter enacted Building Permit Ordinance or other Ordinance or provision thereof pertaining to building permits. A permit issued hereunder shall become void twelve (12) months after the issuance date. (Ord. 84-2, 3/29/1984, §2103) §2105. Application for Conditional Uses. Conditional uses as provided as herein above shall be allowed or denied by action of the Board of Commissioners. Applications for any conditional use specified in this Chapter shall be made to the Zoning Officer who shall refer such applications to the Chairman of the Planning Commission at least twenty (20) days before the next regularly scheduled meeting of the Planning Commission. The Planning Commission shall review the application pursuant to the conditions, standards and criteria set forth in Part 18 of this Chapter, and shall submit its recommendations to the Township Board of Commissioners. (Ord. 84-2, 3/29/1984, §2104) §2106. Application for Special Exceptions. Applications for any special exception specified in this Chapter shall be made to the Zoning Hearing Board through the Zoning Officer. The Zoning Hearing Board shall refer the matter to the Planning Commission for a report thereon, but shall - not be bound thereby. The general standards and findings set forth in §2101 of this Chapter, shall be used as guidelines by the Planning Commission in making its report, and by the Zoning Hearing Board in acting upon the application for special exception. (Ord. 84-2, 3/29/1984, §2105) §2107. Fees. 1. The Board of Township Commissioners hereby establishes the following initial fees: A. Zoning Permit - the fee for a zoning permit shall be ten dollars ($10.00), which fee shall be payable at the office of the Zoning Officer upon making application for permit. No permit shall be issued until the fee is paid. B. Certification of Nonconformance - a fee of ten dollars ($10.00) shall be paid to the Zoning Officer upon making application for a Certificate of Nonconformance. C. Appeals and Applications to Zoning Hearing Board - the following fees paid in advance shall be required for each appeal or application to the Zoning Hearing Board for special exception, variance or other relief: (1) Residential Use - where the appeal or application involves a residential use, the fee shall be fifty ($50.00) dollars. (2) Non-residential Use - where the appeal or application involves a non-residential use (i.e. commercial, industrial), the fee shall be one hundred ($100.00} dollars. - 475 - 3 ~s (27, §2107, cont'd) (27, §2107, cont'd) D. Changes or Amendment in the Zoning Ordinance and/or Zoning Maw - a fee of two hundred dollars ($200.00) payable in advance shall be required for each application for a change or amendment in the Zoning Ordinance and/or Zoning Map. E. Certificate of Use - a fee of ten dollars ($10.00) shall be payable at the time of application for a Certificate of Use, 2. The Board of Township Commissioners may by separate Resolutions from time to time change, amend, modify or add to the fee schedule to conform with then prevailing costs and economic conditions. (Ord. 84-2, 3/29/1984, §2106) §210$. Inspection and Enforcement. 1. It shall be the duty of the Zoning Officer or his duly appointed representative to make such inspections of the property for which a zoning permit has been issued as necessary to assume compliance with such Permit and this Chapter. 2. At the beginning of construction, a record shall be made indicating the time and date of the inspection and the findings in regard to conformance of the construction with plans submitted with the application for the permit. If the actual use or construction does not conform with the Zoning Permit, a written notice of a violation shall be issued by the Zoning Officer, or his duly appointed representative, and construction shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, or his duly appointed representative, construction may proceed. 3. At the completion of construction a record shall be made indicating the time and date of the inspection, the findings of the Zoning Officer or his duly appointed representative in regard to the issuance of a Certificate of Use. (Ord. 84-2, 3/29/1984, §2107) §2109. Certificate of Use. 1. A Certificate of Use shall be a written statement by the Zoning Officer, or his duly appointed representative, setting forth either that a building, structure or parcel of land complies with the provisions of this Chapter, or that a building or structure lawfully may be employed for specified uses under the provisions of this Chapter, or both, 2. No vacant land shall be occupied, used or changed in use, and no building or structure, hereafter erected or structurally altered, shall be occupied, used or changed in use, until a Certificate of Use shall have been regularly issued therefor by the Zoning Officer, or his duly appointed representative. - 47b - (27, §2109, cont'd) (27, §2109, cont'd) 3. A Certificate of Use, either for the whole or for a part of a new building or for the alteration cf an existing building, shall be applied for coincident with the application for a building permit, and shall be issued within fifteen (15) days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this Chapter. 4. A Certificate of Use for the use of occupancy of vacant land or for a change in the use of the land, or for a change is the use of an existing building, shall be applied for and issued before any such land shall be occupied or used, or such land or building changed in use, and shall be issued within fifteen (15) days after application has been made, provided such proposed use is in conformity with the provisions of this Chapter. 5. A record of all Certificates of Use shall be kept on file in the Office of the Zoning Officer, or his duly appointed representative, and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. (Ord. 84-2, 3/29/1983, §2108) §2110. Violations. 1. It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provision of this Chapter or any duly enacted amendment thereto. 2. When written notice of a violation of any of the provisions of this Chapter has been served by the Zoning Officer or his duly appointed representative on the Owner, agent, occupant, contractor, or is posted on the building, such violation shall be discontinued immediately. (Ord. 84-2, 3/29/1984, §2109) §2111. Penalties. 1. Any person, partnership, association, or corporation who or which shall violate any provision of this Chapter shall, upon conviction thereof in a summary proceedings, be sentenced to pay a fine of not more than five hundred dollars ($500.00}. In default of payment of the fine such person, or the members or officers of such partnership, association or corporation shall be liable to imprisonment for not more than sixty (60) days. 2. Each day that a violation is continued shall constitute a separate ' offense. (Ord. 84-2, 3!29/1984, §2110) - 477 - ~Q~ (27, §2112) (27, §2112) §2112. 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 Chapter, or any duly enacted ' amendment hereof, the Township Commissioners or, with the approval of the Township Commissioners, any officer of the municipality may, in addition to any other remedies provided by law institute in the name of the municipality any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure or land, or to prevent in or about such premises, any act, conduct, business or use constituting a violation. (Ord. 84-2, 3/29/1984, §2111) §2113. Appeals and Applications. An appeal or application for a special exception or variance from the terms of this Chapter, shall be filed with the Zoning Officer, or his duly appointed representative, and shall state: 1. The name and address of the applicant. 2. The name and address of the owner of the real estate to be affected by such appeal or application. 3. A brief description and location of the real estate to be affected by such appeal or application. 4. A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof. 5. A statement of the section of this Chapter under which the relief requested may be allowed, and the reasons it should be granted. 6. An accurate description of the present improvements, and the additions intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, prepared and certified by a surveyor or engineer registered with the Commonwealth of Pennsylvania which plan shall indicate the location and size of the lot, the size of the improvements now existing and proposed to be erected thereon, and any other information required to be shown on plot plans accompanying applications for building permits. (Ord. 84-2, 3/29/1984, §2112) - 478 - (27, §2201) • U (27, §2201) Part 22 Interpretation • • §2201. Conflict with Other Laws. The provisions of this Chapter shall be deemed to be minimum requirements to meet the, purposes stated herein. Where the provisions of this Chapter impose greater restrictions than those of any federal or state statute, rule, regulation or other Chapter, the provisions of this Chapter shall prevail. Where the provisions of any federal or state statute, rule, regulation or other Ordinance impose greater restrictions than those of this Chapter, the provisions of such federal or state statute, rule, regulation or Ordinance shall prevail. (Ord. 84-2, 3/29/1984, §2000) §2202. Effective Date. This Ordinance shall become effective on the 10th day of April, 1984. (Ord. 84-2, 3/29/1984, §2202) - 479 - 3~7 ZONING y, SUBJECT CHAPTER SECTION community development objectives 27 102 conditional uses cemeteries 27 1804 general standards 27 1801 hospitals, nursing homes and sanitariums 27 1808 mobile home parks 27 1806 resort hotels and resort motels 27 1807 safeguards 27 1803 specific standards 27 1802 transformer sub-stations 27 1805 definitions construction 27 204 general 27 202 interpretation 27 201 specific words and phrases 27_ 203 designation of districts district boundaries 27 303 interpretation of boundaries 27 304 purpose 27 301 zoning map 27 302 districts, see ZONING DISTRICTS enforcement and administration appeals and applications 27 2113 application for conditional uses 27 2105 application for special exceptions 27 2106 certificate of use 27 2109 fees 27 2107 inspection and enforcement 27 2108 penalties 27 2111 permits 27 2104 remedies 27 2112 violations 27 2110 zoning appeals to court 27 2102 zoning hearing board 27 2101 zoning officer 27 2103 general regulations animals and poultry 27 1601 buffer yards and screer. planting 27 1602 classification of annexed areas 27 1605 courts 27 1606 excavation and fill 27 1618 fences 27 1608 fire escapes 27 1607 gardening 27 1609 increased lot size 27 1618 motor vehicle service station and automo- bile washing access 27 1603 obstructions to vision 27 1610 outdoor lighting 27 1611 projections in yards 27 1612 recreation facilities, private 27 1714 site plan, highway access 27 1604 I - 15 3~~ SUBJECT CHAPTER SECTION ZONING, cont'd street and highway widening 27 1614 storage in yard prohibited 27 1613 swimming pools, private 27 1615 waste and sewage disposal 27 1616 yard planting 27 1617 interpretation conflict with other laws 27 2201 effective date 27 2202 nonconforming buildings and uses abandonment and discontinuance 27 2006 alterations and reconstruction 27 2003 change of use 27 2005 continuation 27 2002 extensions, expansions and enlargements 27 2004 general 27 2001 registration 27 2007 off-street parking, loading and unloading design standards 27 1905 general regulations 27 1901 loading and unloading space 27 1904 parking facilities required 27 1902 public rights-of-way excluded 27 1903 purpose, jurisdiction and general provisions applicability 27 104 community development objectives 27 102 grant of power 27 103 purpose 27 101 short title 27 105 special standards automobile service stations 27 1702 drainage 27 1711 habitable floor area 27 1706 keeping of horses 27 1712 manufacturing 27 1704 mobile homes 27 1708 motel 27 1707 natural production uses 27 1703 public utilities facilities 27 1705 roadside stands 27 1713 schools, hospitals, churches and other public and municipal buildings 27 1709 special standards 27 1701 yards 27 1710 ZONING DISTRICTS A-0, Apartment-Office accessory buildings 27 1012 buffer yards 27 1011 building height limit 27 1005 lot area and width 27 1006 lot coverage 27 1007 multiple buildings - open space 27 1010 off-street parking 27 1013 I - 16 • SUBJECT CHAPTER SECTION ., ZONING, A-0, Apartment-Office, cont'd permitted uses 27 1003 procedural requirements 27 1002 purpose 27 1001 yard regulations for NM-Residential uses 27 1008 yard regulations for residential use 27 1009 A-OL, Apartment-Office Limited accessory buildings 27 1110 buffer yards 27 1109 building height limit 27 1104 lot area and width 27 1105 lot coverage 27 1106 multiple buildings - open space 27 1108 off-street parking 27 1111 permitted uses 27 1103 procedural requirements 27 1102 purpose 27 1101 yard regulations 27 1107 C-G, Commercial-General accessory buildings 27 1210 buffer yards 27 1209 building height limit 27 1205 lot area and width 27 1206 lot coverage 27 1207 off-street parking 27 1211 permitted uses 27 1203 procedural requirements 27 1202 purpose 27 1201 restrictions on permitted uses 27 1204 yard regula*_ions 27 1208 C-PL, Coummercial-Park Limited accessory buildings 27 1310 buffer yards 27 1309 building height limit 27 1305 conditional uses 27 1304 lot area and width 27 1307 lot coverage 27 1306 off-street parking 27 1311 permitted uses 27 1303 procedural requirements 27 1302 purpose 27 1303 yard regulations 27 1308 F-P, Flood-Plain activities requiring special permits 27 406 area provisions 27 403 definitions 27 408 development which may endanger human life 27 405 establishment of flood zoning area 27 402 existing structures in flood plain areas 27 407 general provisions 27 401 special exceptions and variances, additional f~~tors to !'e considered 27 404 I - 17 _3 ~~ SUBJECT CHAPTER SECTION ZONING, cont'd F-S-C, Forest-Slope-Conservation District building height limit 27 504 conditional uses 27 - 503 Land conservation requirements 27 508 lot area and width 27 505 lot coverage 27 506 off-street parking 27 509 purpose 27 501 use regulations 27 502 yards 27 509 I-G, Industrial-General building height limit 27 1405 conditional uses 27 1404 control of dust and dirt, fumes, vapors and gases 27 1409 control of radioactivity, electrical or radio disturbance 27 1412 glare and heat control 27 1410 Iot area and width 27 1406 off-street parking 27 1414 open space 27 1407 permitted uses 27 1403 procedural requirements 27 1402 purpose 27 1401 storage and waste disposal 27 1413 vibration control 27 1411 yard regulations 27 1408 0-P, Office-Park accessory buildings 27 911 buffer yards 27 910 building spacing 27 909 height restrictions when abutting a resi- dential district 27 904 height restrictions when not abutting a residential district 27 905 lot area and width 27 906 lot coverage 27 907 off-street parking 27 912 permitted uses 27 903 procedural requirements 27 902 purpose 27 901 yard regulations 27 908 P-R-D, Planned Residential Development building height 27 1510 commercial 27 1515 density 27 1508 establishment of a district 27 1502 final approval 27 1504 general regulations 27 1516 I - 18 SUBJECT CHAPTER SECTION ZONING, P-R-D, Planned Residential Development, cont'd ~, .: interior yards 27 1512 minimum plot 27 1511 parking 27 1518 permitted uses 27 1507 plans for final approval 27 1506 plans for tentative approval 27 1505 purpose 27 1501 recreational areas 27 1514 setbacks 27 1509 tentative review and approval 27 1503 utilities 27 1517 vegetation cover 27 1513 R-C, Residential-Country building height limit 27 604 conditional use 27 603 lot area and width 27 605 Iot coverage 27 606 off-street parking 27 609 permitted uses 27 602 purpose 27 601 side yards of corner lots 27 608 yards 27 607 R-S, Residential-Suburban building height limit 27 704 conditional uses 27 703 lot area and width 27 705 lot coverage 27 706 off-street parking 27 709 permitted uses 27 702 purposes 27 701 side yards of corner lots 27 708 yards 27 707 R-T, Residential-Towne apartments 27 809 building height limit 27 804 conditional use 27 803 lot area and width 27 805 lot coverage 27 807 maximum density 27 806 off-street parking 27 811 permitted uses 27 802 purpose 27 801 side yards of corner lots 27 810 yard regulations 27 gOg ZONING MAP 27 302 district changes Appendix I ZONING, PRIOR ORDINANCES Appendix H ZONING RECLASSIFICATIONS Appendix I Revised 4/2/1985 I - 19 .3 %~ i m. PENNS VALLEY PUBLISHERS 4104 York Street Harrisburg, PA 17111 • ~ CAFFREY AUTO SUPPLY, INC., and KENNETH F. CAFFREY, JR., Appellants vs. HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7280 CIVIL TERM ANSWER OF HAMPDEN TOWNSHIP TO PETITIONERS' MOTION FOR CONSOLIDATION OF TWO LAND USE APPEALS AND RULE TO SHOW CAUSE DATED DECEMBER 28 1995 AND NOW comes HAMPDEN TOWNSHIP ("Township") by its Attorneys, Snelbaker & Brenneman, P.C., and responds to Petitioners' Motion for Consolidation of Two Land Use Appeals and the Rule to Show Cause issued thereon dated December 28, 1995 (received January 3, 1996) as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the Hampden Township Zoning Hearing Board issued an opinion (not a "second" opinion) on December 6, 1995, on Petitioners' application for a Certificate of Use. It is denied that said decision was a second opinion. On the contrary, said decision was the only decision issued by said Zoning Hearing Board on Petitioners' application for Certificate of Use. It is further LAW OFFICES S NELBAKER & denied that said application for a certificate of use was filed BRENNEMAN ii"previously" to the decision of the Zoning Hearing Board dated ~~ i t May 5, 1995 presently under appeal in this Court to No. 95-2796. On the contrary, said decision of December 6, 1995, was based upon an Application for Certificate of Use filed by Petitioners on September 14, 1995, denied by the Zoning Officer on September 22, 1995, and heard by the Zoning Hearing Board on November 1, 1995 -- all after the adverse decision of May 5, 1995. 5. Admitted; however, by way of further answer, it is averred that Township has responded in opposition to the Petition for Stay. 6. It is denied that it is obvious that these issues are related to the extent of having appeals therefrom consolidated. On the contrary, it is averred that the issues are substantially different as follows: A. The issue in the appeal docketed to No. 95- 2796 involves a cease and desist order in which Petitioners have been ordered to terminate an unlawful use of the subject premises, said use being unsupported by certificate of use permit issued prior to the commencement of the unlawful use and not protected by the provisions of a prior version of the Township's zoning ordinance. B. The issue in the present appeal (No. 95-7280) involves Petitioners' application or request for LAW OFFICES ermission to use the sub ' ect remises for a SNELBAKER p ~ p purpose or SC BRENNEMAN LiSe not allowed by the current zoning ordinance. While the parties, premises and attempted uses are the same, the -2- ~3 ~3 ~ ~ legal issues are wholly different. In the earlier case, Township seeks to prohibit a continuing unlawful use. In the present case, Petitioners attempt to circumvent the decision in the earlier case by seeking permission to conduct the unlawful use under a different zoning classification. Moreover, the earlier case is ready for decision having been briefed and orally argued to this Court. A consolidation would delay the decision in the earlier case thereby tacitly permitting the continuing violation of Township's zoning regulations. WHEREFORE, Township respectfully requests your Honorable Court to deny the motion for consolidation and vacate the rule to show cause dated December 28, 1995. Respectfully submitted, SNELB ER & B MAN, P.C. By _ ~! ~,---_____ is and C. Snelbaker Attorneys for Hampden Township LAW OFFICES S NELBAKER BRENNEMAN -3- ~ ~~ ~~ CERTIFICATE OF SERVICE I hereby certify that I am this date serving true and correct copies of the within Answer of Hampden Township to Petitioners Motion for Consolidation of Two Land Use Appeals and Rule to Show Cause Dated December 28, 1995 by sending the same to other attorneys of record by regular first-class mail postage paid addressed as follows: Robert F. Claraval, Esquire Adler & Claraval P. O. Box 11933 Harrisburg, PA 17108-1933 John E. Slike, Esquire Saidis, Guido, Shuff & Masland P. O. Box 737 Camp Hill, PA 17011-0737 LAW OFFICES SNELBAKER BRENNEMAN Dated: January 22, 1996 SNELBAKER & BRENNEMAN, P.C. Attorneys for Hampden Township • 274a • lf3~/y~ CAFFREY AUTO SUPPLY, INC. IN THE COURT OF COMMON PLEAS OF and KENNETH F. CAFFREY, JR., CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. CIVIL ACTION - LAW HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellee NO. 95-7280 CIVIL TERM ORDER OF COURT AND NOW, this 3~St day of January, 1996, upon consideration of Appellants' Petition For Stay of Enforcement and Motion for Consolidation of Land Use Appeals and of the Answers filed in response thereto, a hearing is SCHEDULED for Thursday, April 18, 1996, at 9:00 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 Attorney for Appellants Richard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Hampden Township Saidis, Guido, Shuff & Masland 2109 Market Street Camp Hill, PA 17011 Attorneys for Zoning Hearing Board :rc ~y ~~~ -~ ~ ~ ~q ~ ~ -~' ~ 7Z BY THE COURT, r ORDER AND NOW, this 2y~ day of February, 1996, the petition of Caffrey Auto • 275a • a la l9~ CAFFREY AUTO SUPPLY INC., IN THE COURT OF COMMON PLEAS OF and KENNETH F. CAFFREY, JR. CUMBERLAND COUNTY, PENNSYLVANIA Appellants vs. CIVIL ACTION -LAW HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees NO. 95-7280 CIVIL TERM CAFFREY AUTO SUPPLY INC., IN THE COURT OF COMMON PLEAS OF and KENNETH F. CAFFREY, JR. CUMBERLAND COUNTY, PENNSYLVANIA Appellants vs. CIVIL ACTION -LAW HAMPDEN TOWNSHIP and HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees NO. 95-2796 CIVIL TERM '~ Supply, Inc. and Kenneth F. Caffrey, Jr. to consolidate No. 95-7280 and No. 95-2796, is GRAN'T'ED. On 95-7280 appellant shall file a brief in chambers within fifteen (15) days of this date. Appellee shall. file a response brief in chambers within thirty (30) days of this date. That c~ se shall be decided without oral argument. The stay issued by the Honorable J. Wesley Oler, Jr. on January 31, 1996, at No. 95-7280 is CONTINUED. The hearing scheduled by Judge Oler for April 18, 1.996, is CANCELLED. This judge will decide the issues raised at both 95-7280 and 95-2796 and the stay shall remain in ~ 73 c ~~ ~ =' c~ tit ~~ r~ C.~ :. t% u.! {" i~", ~~ ~_. ~.~ j~.~ ..-_ ~ z~sa ~ full force until a resolution of those issues. ~ BY THE CO~JR ; Edgar B. Bayley, J. Robert F. Claraval, Esquire For the Appellants m~~.~;~a.L. ~~ -~~ `t~= _.~~ ~ ~' Richard C. Snelbaker, Esquire ' For Hampden Township rlm i ~7~ CAFFREY AUTO SUPPLY, INC AND KENNETH F. CAFFREY, JR., APPELLANTS V. ~3 ~~ 6 ~4~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP ZONING HEARING BOARD, 95-2796 CIVIL TERM APPELLEES 9'1280 CIVIL TERM IN RE: LAND USE APPEALS BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this 26 day of March, 1996, the order of the Hampden Township Zoning Hearing Board dated May 5, 1995, which sustained the cease and desist order issued by the Hampden Township Zoning Officer on January 17, 1995, IS REVERSED. By the Court,' Robert F. Claraval, Esquire For Appellants Richard C. Snelbaker, Esquire For Hampden Township b~~~ Saidis, Guido, Shuff & Masland ~'~~ For Hampden Township Zoning Hearing Board Y saa ~t 7-~ CAFFREY AUTO SUPPLY, INC. AND KENNETH F. CAFFREY, JR., APPELLANTS V. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP ZONING HEARING BOARD, 95-2796 CIVIL TERM APPELLEES 95-7280 CIVIL TERM IN RE: LAND USE APPEALS BEFORE BAYLEY, J. OPINION AND ORDER OF COURT BAYLEY, J., March 26, 1996:-- Kenneth F. Caffrey, Jr., is President of Caffrey Auto Supply, Inc., (CAS). He and his wife are the sole owners of the corporation. CAS is located at 110 Sporting Hill Road, Hampden Township, about one-quarter mile from the Hampden Township Municipal Building. The business, which opened in 1987, is primarily involved in selling automotive supplies to wholesale and retail car dealerships. In 1987, pursuant to Chapter 27, Section 2109 of Hampden Township Zoning Ordinance 842, as revised, CAS obtained a Certificate of Use from the Township.' The property was zoned C-G Commercial General, and the permitted use in that zone as authorized by the Certificate was for the: 1. Section 2109(2) provides: No vacant land shall be occupied, used or changed in use, and no building or structure, hereafter erected or structurally altered, shall be occupied, used or changed in use, until a Certificate of Use shall have been regularly issued therefor by the Zoning Officer, or his duly appointed representative. ~f 7 ~ ., • 95-2796 CIVIL TERM 95-7280 CIVIL TERM [s]ale, storage and distribution of auto parts and body shop supplies. Would have retail sales from counter, wholesale pick-up and delivery. CAS operates in a 27,000 square foot building. In January, 1992, CAS began selling automobiles retail. In August, 1992, it began selling automobiles wholesale. CAS obtained a required permit to sell vehicles from the Pennsylvania Department of Transportation in August, 1992, but did not reapply for a Certificate of Use from Hampden Township to use its property for that specific purpose.2 CAS continues to utilize its property for wholesaling automobiles, very limited retail sales, and its original business as authorized in its Certificate of Use. When CAS began selling cars in January, 1992, the zoning in Hampden Township where its property is located permitted the sale of automobiles. The current use of the property by CAS for the wholesaling of automobiles with very limited retail sales was an authorized use under Section 1203(17) of the Hampden Township Zoning Ordinance until Ordinance 842 was amended by Ordinance 93-20 enacted on December 7, 1993, and effective on December 8, 1993, when it was entered in the 2. Section 2109(4) of the Zoning Ordinance provides: A Certificate of Use for the use of occupancy of vacant land or for a change in the use of the land, or for a change in the use of an existing building, shall be applied for and issued before any such land shall be occupied or used, or such land or building changed in use, and shall be issued within fifteen (15) days after application has been made, provided such proposed use is in conformity with the provisions of this Chapter. -2- ~-f 7 7 • 95-2796 CIVIL TERM 95-7280 CIVIL TERM Ordinance Book of the Township.3 The amendment deleted the C-G Commercial General zone classification and added a new Part 12.5 C-L Commercial-Limited zone. The sale of motor vehicles, retail or wholesale, is not permitted in a C-L Commercial Limited zone. The Hampden Township Zoning Officer sent a notice of violation to CAS on January 6, 1995, for selling vehicles on its property. He issued a cease and desist order on January 17, directing the termination of automobile sales. Caffrey and CAS filed an appeal and a hearing was held before the Hampden Township Zoning Hearing Board on April 5. On May 5, 1995, the Board dismissed the appeal. Caffrey and CAS then appealed to this court at 95-2796. The Zoning Officer testified at the hearing before the Board that he found out about the violation "a week, two weeks - I'm not sure honestly," before January 6, 1995. He learned of the violation from the Township Manager and some other staff. The Township Manager testified that he learned of the violation in "mid-December of 1994," from "a member of the Board of Commissioners." The record does not disclose when or how the Commissioner learned of the violation. Kenneth Caffrey testified that no application for an additional Certificate of Use was made because he did not realize one was required as he had obtained a Certificate of Use for his automotive supply business, and the sale of vehicles was a permitted use under the 3. 53 P.S. § 56502. -3- ~ ? ~' 95-2796 CIVIL TERM 95-7280 CIVIL TERM C-G zone. Caffrey also testified that he was not aware that the zoning had changed until he received the cease and desist order. Section 2002 of the Hampden Township Zoning Ordinance provides: Continuation. The owner of the premises occupied by a lawful non-conforming use or building existing at the effective date of this Chapter shall, within one (1) year of the effective date of this Chapter, report to the Zoning Officer the information necessary for the registration of such non-conformance under Section 2007 of this Part, and shall secure a Certificate of Non-Conformance for the purpose of insuring to the owner the right to continue such non-conforming building or use. CAS never obtained a certificate of non-conformance following the change in zoning in December, 1993. Section 2007 of the zoning ordinance provides: The Zoning Officer shall identify and register all non- conforming uses and structures with due diligence. He shall maintain for that purpose a file, reflecting, for each non-conforming use of structure, the name and addresses of all persons having an ownership or promissory interest in the property, a description of the property, its location, its zoning classification, adetailed description of each non-conforming use and structure, the manner in which it is non- conforming, the date and a detailed description of each alternation, restoration, reconstruction, change, extension, and enlargement, the date of any abandonment or discontinuance, the date of issuance of each certificate of non-conformance and any other pertinent information. (Emphasis added). After the Zoning Hearing Board upheld the issuance of the cease and desist order, Caffrey and CAS applied for a certificate of use to sell automobiles on the premises. The Zoning Officer denied the application. Caffrey and CAS appealed and -4 ~7y 95-2796 CIVIL TERM 95-7280 CIVIL TERM another hearing was held before the Hampden Township Zoning Hearing Board.4 On December 6, 1995, the Board entered an order upholding the refusal to issue a certificate. The Zoning Hearing Board set forth in a finding of fact that "The applicant was unaware that the zoning had changed so as to prohibit the sale of vehicles from his lot." The Board noted that: The troubling aspect of this case is that, at the time the applicant began his challenged use of the sale of the motor vehicles from his premises in 1992, it was a use permitted in the zone in which his property was located and he could have received a permit. If he had applied for a permit in 1992, a permit would have been issued and his continued use of the premises after the December 7, 1993 amendment would have been registered as a lawful nonconforming use. (Emphasis added). The Board then stated: The difficult question which the Board must decide is whether the applicant's failure to apply for a Certificate of Use (to which he was entitled) and his failure to register a nonconforming use in 1993 were ministerial acts which can be corrected by his belated application in September of 1995, or whether his failure to file a timely application effectively bars the door to the issuance of a permit as a nonconforming use for the continued sales of motor vehicles from the premises. (Emphasis added). Relying on Pfeffer v. Hopewell Township, 60 Pa. Commw. 399 (1981), the Board concluded that Caffrey is not entitled to the issuance of a certificate. Caffrey and CAS 4. No one has ever appeared before the Board in opposition to the sale of automobiles by CAS on its property, nor has anyone otherwise complained about that activity. -5- ~~~ • 95-2796 CIVIL TERM 95-7280 CIVI L TERM filed an appeal in this court at 95-7280, which was consolidated with the appeal at 95- 2796. As to the first question raised by the Zoning Hearing Board, Hampden Township, in its brief, argues that the failure of CAS to have a Certificate of Use for the sale of automobiles means that use of its premises before the change in zoning was illegal, and therefore it cannot form the basis for a legal non-conforming use. That is not the law of Pennsylvania. "Lapse in proper licensing in conformity with [a zoning ordinance] is [not] dispositive of the use's status so long as the use of the premises ...does not run afoul of a zoning restriction." McGeehan v. Zoning Hearing Board of Springfield Township, 45 Pa. Commw. 403 (1979), citing Hauser v. Borough of Catasauqua Zoning Hearing Board, 20 Pa. Commw. 313 (1975), and Commonwealth v. Cieslak, 179 Pa. Super. 441 (1955). Thus, the failure to have a Certificate of Use for the sale of automobiles, a lawful use by CAS of its premises under Ordinance 842, is not dispositive as to whether CAS may now continue those sales as anon-conforming use under Ordinance 93-20. As to the second question raised by the Zoning Hearing Board, and its reliance on Pfeffer v. Hopewell Township, supra, in that case a Township sued a landowner to enjoin the outdoor storage of used household appliances, bicycles, tractors and automobiles as a violation of the provisions of its zoning ordinance. The Commonwealth Court stated: -6- ~~r • 95-2796 CIVIL TERM 95-7280 CIVIL TERM In Muncy Borough v. Stein, 440 Pa. 503, 507, 270 A.2d 213, 215 (1970), the court summarized the Budney rule as follows: As to the defense of nonconforming use, we held in Honey Brook and in Philadelphia v. Budney, 396 Pa. 87, 151 A.2d 780 (1959), that if the applicable zoning ordinance provides ... an administrative machinery by which the right to continue the nonconforming use might be determined that such a defense cannot be raised in an equity proceeding. See also Jonnet v. Bodick, 431 Pa. 59, 244 A.2d 751 (1968). We stated that such matters are to be heard exclusively by the administrative tribunals. Sections 406.8, 601.1, 601.2, and 601.7 of the Hopewell Township zoning ordinance provide for the registration of nonconforming uses and require the zoning officer to prepare and make available to landowner-applicants forms for the purpose of registration. The zoning officer testified that such forms were available but that the appellants never registered their sales yard. Having failed to avail themselves of the available administrative means of establishing that their nonconforming use was lawful, the appellants are barred from defending an action to require them to conform to the use regulation on this ground. (Emphasis added). In the case sub 'u~ dice, the Hampden Township Zoning Hearing Board has found, that if Caffrey and CAS "[h]ad applied for a permit in 1992, a permit would have been issued and his continued use of the premises after the December 7, 1993 amendment would have been registered as anon-conforming use." Pfeffer v. Hopewell Township, supra, which was not a land use appeal, is not authority for the conclusion reached by the Zoning Hearing Board that CAS cannot sell automobiles on its premises as a lawful non-conforming use. Unlike the ordinance of Hopewell Township that simply required the zoning officer to prepare and make available to the landowner forms for the purpose of registering anon-conforming use, Section 2007 of -7- ~~~ 95-2796 CIVIL TERM 95-7280 CIVIL TERM the Hampden Township zoning ordinance places a duty on the zoning officer, in that he "[s]hall identify and register all nonconforming uses and structures with due diligence." The word "shall" in Section 2007 places an affirmative duty on the zoning officer to identify and register all non-conforming uses and structures with due diligence. Section 2007 is part of the Hampden Township zoning ordinance by virtue of the Municipalities Planning Code (MPC) at 53 P.S. Section 10613, which provides in a 1988 amendment: Zoning ordinances may contain provisions requiring the zoning officer to identify and register nonconforming uses, structures and lots, together with the reasons why the zoning officer identified them as nonconformities. {Emphasis added). Before the amendment, Section 10613 mandated such a provision in local ordinances, as the pre-1988 statute provided: "Zoning ordinances shall contain provisions requiring the zoning officer to identify and register non-conforming uses and non-conforming structures." (Emphasis added). Hampden Township did not delete its requirement, as it could have after the 1988 amendment, which mandates in Section 2007 that the Zoning Officer "shall identify and register all non-conforming uses and structures with due diligence." Had the Zoning Officer performed his duty under Section 2007, CAS through Caffrey, whom the Zoning Hearing Board specifically found was unaware of the zoning change that prohibited the sale of vehicles from his lot, and therefore did not register anon-conforming use with the Township under Section 2002 of the zoning ordinance, would now administratively -8- ~~3~ n 95-2796 CIVIL TERM 95-7280 CIVIL TERM r.~ have a registered non-conforming use. The Township, in its brief, after offering that, "There are no requirements for notifying individual land users at the time of the change of zoning," sets forth that the duty imposed under Section 2007 of the ordinance, "[i]s on the user to seek recording -not the Township to seek out and record." The Township states: This simply means that the Zoning Officer must record promptly any lawful non-conforming use. It does not say that he must constantly police the municipality to discover such uses. Any such interpretation flies in the face of simply [sic] reasonableness. In light of the requirement in Section 2007 that "The Zoning Officer shall identify and register all nonconforming uses and structures with due diligence," that argument is clearly incorrect, especially since the Township could have amended its ordinance to delete the mandatory requirement on its zoning officer following the amendment to Section 10613 of the MPC in 1988. The Township now maintains that CAS was required to register its non-conforming use under Section 2002 of the zoning ordinance, while on the other hand it disavows the mandated responsibility of its zoning officer under Section 2007 to do the same with due diligence. This reminds us of the saying of Lord Kenyon, that a man shall not be permitted to blow hot and cold with reference to the same transaction, or insist, at different times, on the truth of each of two conflicting allegations according to the promptings of his own private interests Besides, Section 2002 of the zoning ordinance only provides that, 5. See, Broom's Legal Maxims, 103 (10th ed. 1939). -9- ~l~ 95-2796 CIVIL TERM 95-7280 CIVIL TERM "The owner of the premises occupied by a lawful non-conforming use or building existing at the effective date of this Chapter shall, within one (1) year of the effective date of this Chapter, report to the Zoning Officer the information necessary for the registration of such non-conformance under Section 2007 of this Part ...." The effective date of Chapter 27 at the inception of Ordinance 842, was March 29, 1984. Section 2002 does not apply to the non-conforming use of CAS which was created by operation of law as a result of the 1993 zoning amendment which deleted the C-G Commercial General Zone in the 1984 ordinance and added a new Part 12.5, C-L Commercial-Limited zone in Ordinance 93-20 effective December 8, 1993. Additionally, the registration by a property owner of anon-conforming use under Section 2002 is only "for the purpose of ensuring the owner the right to continue such non-conforming building or use." Registration ensures an owner of the right to continue such non-conforming building or use; the statute does not prohibit an owner from otherwise establishing a lawful non-conforming use. CAS has otherwise established its non-conformance in this case, as the Zoning Hearing Board concluded that: "[a]t the time the applicant began his challenged use of the sale of motor vehicles from his premises in 1992, it was a use permitted in the zone...." In Appeal of Suburban General Hospital, 48 Pa. Commw. 273 (1980), a hospital utilized part of its property for landing helicopters in medical emergency cases before that use was prohibited by an amendment to the East Norriton Township zoning -10- -~ 95-2796 CIVIL TERM 95-7280 CIVIL TERM ordinance. The zoning ordinance provided that an unregistered non-conforming use becomes a violation of its zoning ordinance. The hospital did not register its non- conforming use. The Commonwealth Court found that the lack of registration of the non-conforming use did not constitute an abandonment by the hospital of that use, "[a]nd Section 613 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10613, does not mandate such a result." Since the hospital had established the non-conformance of part of its property for helicopter landings in medical emergency cases, the Commonwealth Court concluded "[t]hat the hospital has established anon-conforming use right." (Emphasis added). CAS has done the same in the present case even though, as in Suburban General Hospital, its non-conforming use is not registered. Thus, CAS may continue wholesaling and retailing automobiles on its property as it has since 1992. It is the zoning officer's responsibility to register the non-conforming use now that the zoning has changed, although the due diligence required by Section 2007 is a little late. Accordingly, we will reverse the order of the Zoning Hearing Board that upheld the cease and desist order issued by the Zoning Officer on January 17, 1995. The application of Caffrey and CAS for a Certificate of Use is moot because such a certificate, under Section 2109(4) of the Zoning Ordinance, is only required when the "proposed use is in conformity with provisions of this Chapter [27]." The sale of automobiles by CAS on its property is not in conformity with the Chapter as amended in Ordinance 93-20; rather, the use is a legal non-conforming use established before -11- ~~~ F 95-2796 CIVIL TERM 95-7280 CIVIL TERM the enactment of the amendment. ORDER OF COURT Township Zoning Hearing Board dated May 5, 1995, which sustained the cease and AND NOW, this ~ 6 day of March, 1996, the order of the Hampden desist order issued by the Hampden Township Zoning Officer on January 17, 1995, IS REVERSED. Robert F. Claraval, Esquire For Appellants Richard C. Snelbaker, Esquire For Hampden Township ~',~~ ~our.~ /~ Edgar B. Bayley, J. Saidis, Guido, Shuff & Masland For Hampden Township Zoning Hearing Board saa -12- _ ~f~7 ~~~$~9~ CAFFREY AUTO SUPPLY, INC. AND KENNETH F. CAFFREY, JR., . Appellants v. HAMPDEN TOWNSHIP AND HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees NOTICE OF APPEAL Notice is hereby given that HAMPDEN TOWNSHIP, an Appellee in LAW OFF!!;E> SNELBAKER $C B I'ENNEM,4N the above captioned land use appeal, hereby appeals to the Commonwealth Court of Pennsylvania from the Order entered in this matter on March 26, 1996. The Order was entered in both of the above referenced actions/appeals after consolidation by the Court. Said Order has been entered in the dockets as evidenced by the attached copies of docket entries. Dated: April 18 1996 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-2796 CIVIL TERM 95-7280 CIVIL TERM ~ SNELB NEMAN, P.C. By Richard C. Snelbaker Attorney Registration No. 06355 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Hampden Township ski r,~.v~t L~cC 1'I~~~c~.~~~1J,2/ ~~s P~'B510 CumbF and County Prot~honotary's ffice Page Civil Case Inquir 1995-07280 CAFFREY AUTO .. PLY INC ET AL (VS~ HAMPDE~OWNSHIP ET AL Reference No... Filed......... 12/22/1995 Case Ty e...... APPEAL - ZONING Time. ... 12.18 Judgmen~..... 00 Execution~Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Sat/Dis/Gntd.. 0/00/0000 Juryy Trial.... HigFier Court 1 Hi~her Court 2 ******************************************************* ************************ General Index Attorney Info CAFFREY AUTO SUPPLY INC APPELLANT CLARAVAL ROBERT F 110 SPORTING HILL ROAD MECHANICSBURG PA 17055 CAFFREY KENNETH F JR APPELLANT CLARAVAL ROBERT F HAMPDEN TOWNSHIP APPELLEE 230 SPORTING HILL ROAD MECHANICSBURG PA 17055 HAMPDEN TOWNSHIP ZONING APPELLEE HEARING BOARD 230 SPORTING HILL ROAD MECHANICSBURG PA 17055 ******************************************************************************** * Date Entries ******************************************************************************** 12/22/95 APPEAL FROM DECISION OF ZONING HEARING BOARD WRIT OF CERTIORARI ISSUED 12/22/95 CERTIFICATE OF SERVICE 12/22/95 PETITIONER'S MOTION FOR CONSOLIDATION OF TWO LAND USE APPEALS 01/02/96 RULE - DATED 12/28/95 - IN RE PETITIONER'S MOTION FOR CONSOLIDATION OF TWO LAND USE APPEALS - RULE ISSUED ON APPELEES RETURNABLE WITHIN 20 DAYS OF SERVICE - BY J WESLEY OLER JR J - NOTICE MAILED 1/2/96 12/29/95 ORDER OF COURT - DATED 12/28/95 - IN RE APPELLANTS' PETITION FOR STAY OF ENFORCEMENT OF DECISION OF THE HAMPDEN TOWNSHIP ZONING HEARING BOARD ORDER OF 12/6/95 - RULE ISSUED UPON APPELLEE RETURN- ABLE WITHIN 10 DAYS OF SERVICE - BY J WESLEY OLER JR J - COPIES MAILED 1/2/96 01/16/96 ANSWER OF HAMPDEN TOWNSHIP TO APPELLANTS' PETITION FOR STAY OF ENFORCEMENT OF DECISION OF THE HAMPDEN TOWNSHIP ZONING HEARING BOARD ORDER OF DECEMBER 6, 1995 AND RULE TO SHOW CAUSE DATED DECEMBER 28 1995 01/22/96 ANSWER OF H~IMPDEN TOWNSHIP TO PETITIONERS' MOTION FOR CONSOLIDATION OF TWO LAND USE APPEALS AND RULE TO SHOW CAUSE DATED 12/28/95 01/22195 TRANSCRIPT OF PROCEEDINGS ZONING HEARING BOARD 01/31/96 ORDER OF COURT - DATED 1/31196 - IN RE APPELLANTS' PETITION FOR STAY OF ENFORCEMENT AND MOTION FOR CONSOLIDATION OF LAND USE APPEALS - HEARING 4/18/96 9:00 AM CR 5 - BY J WESLEY OLER JR J - COPIES MAILED 2/1/96 02/02/96 ORDER - DATED 2/2/96 - PETITION TO CONSOLIDATE NO 95-7280 AND NO 95-2796 IS GRANTED - STAY ISSUED BY HONORABLE J WESLEY OLER JR ON 1/31/96 IS CONTINUED - HEARING SCHEDULED BY JUDGE OLER 4118/96 IS CANCELLED - BY EDGAR B BAYLEY J - COPIES MAILED 2/2/96 03/26/96 OPINION AND ORDER OF COURT - DATED 3/26/96 - IN RE LAND USE APPEALS ORDER OF THE HAMPDEN TWP ZONING HEARING BOARD IS REVERSED - BY EDGAR B BAYLEY J - COPIES MAILED 3/26/96 ******************************************************************************** * Escrow Information * Fees & Debits Be~ Bal P~rmts/Ad~ End Bal ******************************** ******** ****** ******************************* APPEAL ZONING 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 --------------- 5.00 --------- --- .00 --------- 45.50 45.50 00 ******************************************************************************** * End of Case Information **************************************************************************** ** TRUE GOPY FROM RECORD t~- T~fi~ot~~ r~tteteof, t bete unto set my nano u39~ #t4l3 S~d~ t9# ~ai~ trOS~t4 at ~~IS~B, Pa. Pro#f~onot2tr!- z~ ~~l i • • CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the foregoing Notice of Appeal upon the persons and in the manner indicated below pursuant to the requirements of Pa. R.A.P. 906: Honorable Edgar B. Bayley Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (Judge) Robert F. Claraval, Esquire Adler & Claraval P. O. Box 11933 Harrisburg, PA 17108-1933 (Attorney for Appellants) Thomas Cheffins, Court Administrator Office of the Court Administrator 1 Courthouse Square Carlisle, PA 17013 Court Reporter Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 ichard C. Snelbaker Attorney Registration No. 06355 SNELBAKER & BRENNEMAN, P.C. Attorneys for Hampden Township LAW OFFICES SNELBAKER BRENNEMAN Dated: April 1.8 , 1996 ~t yo 1' , IN TH OMMONWEALTH COURT OF PEN VANIA ~/'~~/9~° G NOTICE OF DOCKETING APPEAL 7 ~~~- 7>Z ~ ~~ ~~'~'`~"`' Docket No: 1003 C.D. 1996 Filed Date: 04/18/96 Re: HAMPDEN TOWNSHIP v. CAFFREY AUTO et al. Lower Court No.: 95-2796Civ A Notice of Appeal, a copy of which is enclosed, from an order of your court has been docketed 1n the Commonwealth Court of Pennsylvania. The docket number in the Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number must be on all correspondence and documents filed with the Court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa. R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on page 2 of this notice. NOTICE TO COUNSEL A copy of this notice is being sent to all parties or counsel indicated on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30) days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. R.A.P. 907(b). Appellant or Appellant's attorney should review the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to transmit documents to this Court are set forth on Page 2 of this Notice. If you have special needs, please contact this court in writing as soon as possible. Lower Court Judge: Honorable Edgar Bayley Jr. Attorney: Richard C. Snelbaker Attorney: Robert F. Claraval Notices Exit: 04/25/96 Prothonotary - ~::~ ~~ hunress all vr_L~cu ~~u'~"u'~y~a'--ons to: Office of the Prothonotary Commonwealth Court of Pennsylvania p. O. Box 11730 Harrisburg, PA 17108 Filings may be made in person at the following address (except on Saturdays, Sundays and legal Holidays observed by Pennsylvania Courts) between 9:00 a.m. and 4:00 p.m. Office of the Chief Clem: Co..onweaith Court of Pennsylvania Room 6Z4 Sixth Floor South Office Building Harrisburg, PA 17120 (717) 787-5884 Pleadings and similar papers (but not paperbooks or cert'_f_ed records) may al__=o be filed in person only at: Office of the Prothonotary Con^~onweaith Court of Pennsylvania Filing Office Suite 990 The Widener Building One South Penn Square Philadelphia, PA 19107 (Z15) 560-5742 Trde hours of the Philadelphia Filing Office are 9:00 a.m. to 4:00 p.:n. Under PA. R.A.P. 37x2, writs ar other process issuing out of the Commonwealth Court shall exit anly from the Harrisburg Office and shall be returnable thereto. ~~ L CAFFREY AUTO SUPPLY, INC. AND KENNETH F. CAFFREY, JR., Appellants v. . HAMPDEN TOWNSHIP AND . HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellees IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /OD "3 ~ ~`i~f 95-2796 CIVIL TERM 95-7280 CIVIL TERM NOTICE OF APPEAL Notice is hereby given that HAMPDEN TOWNSHIP, an Appellee in the above captioned land use appeal, hereby appeals to the Commonwealth Court of Pennsylvania from the Order entered in this matter on March 26, 1996. The Order was entered in both of the above referenced actions/appeals after consolidation by the Court. Said Order has been entered in the dockets as evidenced by the attached copies of docket entries. SNELB t ~ NEMAN, P.C. By Richard C. Snelbaker Attorney itegistration No. 06355 44 West Main Street Mechanicsburg, PA 17055-0318 (?17) 697-8528 Attorneys for Hampden Township Dated: April 18 , 1996 LAW OFFICES ~ _ SNELBAKER p" .. _ - ..~ r•1 cam- B RENNEMAN ~~ ~ ~ - _ ~ __•, ,_ d ~ 1 ~{ q~ N a T I C E The Comnon•~realth Court is instituting a new service in order to spend copies of orders and opinions to attorneys litigatinc cases in this Court. We will FAX copies of all orders and opinions in a given case to counsel upon written request and the pay~ae.^.t or a $50.00 service charge. If you wish to avail yourself to this service, please fill ou t and re~urn the information below and attach a check made payable to the Commonwealth Court of Pennsylvania in the amount of $50.00. BE SURE TO INC~UDE THE DOC3ET NUMBER OF THE CASE, I desire to have aII orders or opinions in the below cap~_oned C3S2 faxed to me. Nar..e FHX Number Esq. Doc?~et Numner Caption Signature ~~~ s ~ ~ As of guqust 15, 1994 HUl+IDBR OF CpPIBB FOB FILIbTG CO~SONWSgLTB COURT ORIGINAL AND ONE COPY Motion for Extension (2nd - $10., 3rd ~ subsequent - $Z~.) Praecipes Motion to Dismiss/Quash Motion for supersedeas Preliminary Objections All Pre-Trial Motions ORIGINAL AND TWO COP3B8 Petition for Review - $55. Petition for Permission to Appeal - $55. (C.D.~~ Petition for Review or Appeals Nunc Pro Tunc - 533. 1311(b> Petition for Review - $55. Petition for Reconsideration of Single Judge Orders - Original Jurisdiction - $15. Exceptions ORIGINAL AND FIF'T'EEN COPIES Petition for Reconsideration of Bingle Judge Orders - Appellate Jurisdiction - $I5. Mohan to Publish Opinion Petition for Rearqument En Banc - $I5. FIFTEEN COPIES B.ri efs Memoranda of Law ~IGS*r coplEs Reproduced Records `7` nj S ~~ IN RE: CAFFREY AUTO BALEB, INC. : BEFORE THE xONING HEARING APPEAL N0, 98-06 : BOARD OF HAMPDEN TOWNSHIP TRANSCRIPT OF PROCEEDINGS 20NING HEARING BEFORE: JOHN HOLLAND, CHAIRMAN EUGENE BALDWIN DALE STiPE JOHN T. McATEE DANIEL J. FLINT 4 +; . 'ru~ DATE; NOVEMBER 1, 1995, 7;40 P.M. PLACE: 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PENNSYLVANIA APPEARANCES: SAIDIS, GUIDO, SNUFF & MASLAND BY: JOHN 3LIKE, ESQUIRE FOR - HAMPDEN 'POWNSNIP 70NING BOARD 3NELBAKER & BRENNEMAN, P.C. RICHARD C. SNELBAKER, ESQUIRE FOR - HAMPDEN TOWNSHIP BOARD OF COMMISSIONERS ADLER & CLARAVAL BY: ROBERT F. CLARAVAL, ESQUIRE FOR - APPLICANT `.J PATRICIA M. BROWN, REPORTER NOTARY PUBLIC ORIGINAL r~~~~~d ~r. a~~ 619 Norfb 5c+cr~nd Sfmti Wormkysburg, PA 1700.1 ~~»~ .~~s u~2o ~i~ .^..r~ ti~ a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 wITNESSes NAME EXAM. DIRECT CROSB REDIRECT RECROBB FOR THE APPLICANT KENNETH F. CAFFREY, JR. BY: MR. CLARAVAL -- 23 -- 37 -- BY: MR. BNELBAKER -- -- 26 -- q4 BY: MR. BALDWIN 38,39 -- -- -- -_ BY: MR. HOLLAND 38,43 -- -- -- __ BY: MR. BTIPE 40,45 -- -- -- .... BY: MR. McATEE 40 -- -- -- _.. BY: MR. FLINT 41 -- -- -.- .»_ BY: MR. SLIKE 42 -- -- -- __ KENNETH J. HARTZELL BY: MR. CLARAVAL -- 46 -- -- __ BY: MR. BNELBAKER -- -- 53 __ __ HY: MR. BALDWIN 54 -- -- -- __ ~ FOR THE TOWNSHIP DARRYL L. McMILLAN BY: MR. BNELBAKER -- 55 -- b9 -- BY: MR. CLARAVAL -- -- 57 -- -_ BY: MR. McATEE 60 -- -- -- __ JOHN BRADLEY BY: MR. BNELBAKER -- 61 -- -- -- BY: MR. CLARAVAL -- -- 63. -- -- EXHIBITS TOWNSHIP EXHIBIT N0. PRODUCED 8 MARKED ADMITTED 1. 1987 APPLICATION AND PERMIT 26 28 2. 1995 APPLICATION 28 31 3. ZONING OFFICERS DECISION 31 32 4. 1987 PLAN 37 57 3 1 a 3 4 5 6 7 B 9 10 11 12 13 14 15 1b 17 1E 15 2( 2~ 2; 2: 2~ 2 CHAIRMAN HOLLAND: '1'he next item on the agenda is Appeal No. 95-OB, a hearing, Caffrey Auto Sales, Inc., 110 South Bportlnq Hill Road, appealing the decision of the zoning officer denying his request that a certificate of use be issued to the applicant for auto sales under Section 2109 in a C-L zone. Is Mr. Caffrey or a representative present? MR. CLARAVAL: Yes. Were rowdy. CHAIRMAN HOLLAND: Do you want- to take the microphone, please? MR. SNELBAKER: Mr. Holland, 1E i may, please, may I make a preliminary motion on behalf of the township? We believe that this matter is barred by two reasons. Ono is the findings that occurred with regard to the opinion of the zoning hearing board in this matter dated May 5, 1995, and the fact that this issue is sti.il pending on appeal before the Court of Common pleas on an appeal taken by the applicants that are here. We believe that there~s collateral estoppel as well as res judicata. 'Phank you. CHAIRMAN HOLLAND: Mr. S11ke7 MR. SI~IKE: Mr. Snelbaker, I thought the same thing when I saw the appeal. I did a little preliminary research; and as far as the res judicata issue, its very sparingly exercised in zoning matters because they say zoning is a contingent kind of thing and circumstances change. I did attempt to contact Mr. Caffrey today but was unable to see », n '*.,.o 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 tf 1i tE 1! 21 2' 2 2 2 2 whether there is any difference 1n their proceeding this evening from what occurred last spring. I'd ask Mr. Caffrey to respond to that. MR. CLARAVAL: I'm Bob Claraval, ]~ represent Mr. C+sEfrey. This ties into why we're here. What happened at the last meeting of this board, we got a written decision from the board. And in that written decision it suggested at page 11, it said, It might be that the applicant can continue the wholesale nature of his business by making proper application to the township and identifying the nature of the wholesale operation and location of the vehicles. And then you said, and this is what you wrote, although this shall not be construed that the coning hearing board agrees that this would be a proper use. Frankly, we didn't anticipate filing another application after the last hearing that we had here. We did that because of what you wrote in your opinion and also because of what some of the township people told my client. i They said, Why don't you reapply and maybe we can work it out. So that's what we did. We reapply. We get rejected. ! 3o we follow the proper proceeding which is to come back here 3 in front of you. y If we hadn't taken that step after we filed this i reapplication, then Mr. Snelbaker would go in front of the ~../ I I ,; ~...,•~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 Cumberland County Court Judge and argue that I didn~t do everything I could administratively, that I didn't exhaust all my appeals. 3o it's not oxactly a catch 22 posf.tion, but we thouyht we were following a suggestion that this board made to us by refiling the application, going through tho prcceae, and coming back to you. Is there anything new in what we're doing now as compared to the last time? The conditions out there haven't changed. We did file for a certificate of use. We explained to the township the wholesale nature of the operation. And they again rejected it, and we think wrongly. MR. SLIKE: Had you previously applied, Mr. Claraval, before the last hearing; or were you responding to a cease and desist order of the township? Was there an actual application for a certificate of use filed prior to the last hearing? MR. CLARAVAL: No. We got a cease and desist order. So that's another difference. We're not going to qo over the same material we did last time because you heard it all last time. If T could -- well, I guess you wont to rule on his motion before I get into acl opening statement. MR. SLIKG: I can't really rule. The board would rule. My advice would be that we hear them out tonight and reserve decision on whether or not they are able to refile or •..~ `.i ,,,,.. _. } ~.,..r 1 a 3 4 6 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 nok. MR. BTIPE: Whak do we hear? MR. SLIKE: I'm saying I think we should hear them out tonight and reserve our decision whether or not this matter is res judicata. MR. BTIPE: What are we looking for to hear? What do we want to hear? MR. SLIKE: 'Pheir. appeal of the denial of the certificate of use in their September application to the zoning officer, CHAIRMAN HOLLAND: We have not seen the application. Presumably Mr. Claraval has a copy of the application or someone has a copy of the application. MR. CLARAVAL: Right. CHAIRMAN HOLLAND: Is there any opposition to following the advice of counsel? MR. STIFF: I don't understand if they were denied usage saying that this board said in essence you can continue with the use you were -- MR. CLARAVAL: No, sir. MR. BTIPE: And you reapplied for the same use that you were turned down? MR. CLARAVAL: We weren't originally turned down on a request to do something. What happened was the zoning officer said stop what you're doing at this property right up 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 1G 17 18 19 ao 21 22 23 24 25 7 the street. MR. 3'PIPE: What were you doing? MR. CLARAVAL: Whet Caffrey Auto Supply does is recondition cars and sells cars, mostly wholesale, occasionally retail. 'Phe township officer said that that was a violation of the current zoning for that area, MR. STIPE: 'Phe wholesale sales or the retail sales? V MR. CLARAVAL: Both would be in violation. They said cease and desist. We appealed that to you. MR. STIPE: And we did what? MR. CLARAVAL: You confirmed their decision. MR. STIPE: Now what are you doing? MR. CLARAVAL: After you did h.hat, we took the next step which was to appeal to the Cumberland County Courl•. MR. STIPE: And its now in the court? MR. CLARAVAL: Yes. Judge Hess issued a stay order, which means the township couldn't enforce ik. The Judge just held everything in place until we were going to argue the case. MR. STIPE: And you're allowed to operato? MR. CLARAVAL: Allowed to continue to operate. In the meantime though, we read your decision and thought included in that decision was a suggestion to us to apply for this certificate of use and see if the township would grant B •.,...~ 1 7 3 a 6 6 7 !i 9 10 11 17 13 14 15 1C 17 1E 1r. al 2' ~' 7 a a lt• to uh, Mit, S'PIPE: Although you were turned down once. MR. CGARAVAG: We weren~t turned down the certlticate oP. use. We were told by you that you were agroerlrlg with what tho township said, cease and desist. Now, lk mny be n technical thing. Reading the language of this, lt, lt~oked like you were inviting us to take a shot at it; and wa didn't want to leave any stone unturned. MR. S'TIL'E: But we don't have aukhority to issue that. Wo can advise you to apply. But then you applied, and then what? MR. CLARAVAL,: Then they turned us down. Then we have to Dome beak to you because we have to exhaust what's celled our administrative remedies. We have to come back to you rtow, and that's what we're doing. MR. SNELBAKER: May I respond also on this? CHAIRMAN HOLLAND: Sure, Mr. Snelbaker. Go right ahead. MR. SNELBAKER: I want to deal with the questions i thet Mr. Stipe raised, and appropriately he has zaised those. The historical background of this is important because of all t this history that has been documented, and it is in your I opinion this last spring. That's why I made this motion at I this point. ~ In 1987, the owner of the property, Caffrey Auto ~../ 9 h~ *,,.•~ ~•.~ \,,,J 1 2 3 { 6 6 7 8 9 10 11 12 13 14 15 16 17 1E 15 2( 21 2. 2: 2~ 2! Bales or Mr. Caffrey individually, came in and asked for a certificate of use to operate an auto parts type business at this locntionj and he received a certificate of use for that In 1993, Docember of '93, the township amended the zoning ordinance, deleted the commercial genoral zone in this area, and replaced it with a zone called commercial limited, C-L, which disallowed any use Eor the sales or the repair or maintenanoe of motor vehicles among many other things. One of the primary reasons was to eliminate from this commercial area automotive type businesses, not Mr. Caffrey's location because the C-L zone is many places. it's out on ~rrinaie Road as well as on Sporting Nill Road and elsewhere. In 1994, the township discovered that the Caffrey Auto Sales premises was doing sales of motor vehicles. And as a result of this, a cease and desist order was entered and became the subjeot of an appeal which you heard and which is the decision to which I made reference that occurred this past May. It was in the course of that heariny that we learned that not only were there sales going on there but there wets sales of two types. One was of a wholesale nature, and the other was of a retail nature. And then a third element was ttie reconstitution or reconditioning of vehicles for sale yenerally. So there were three uses being 10 .~ t 4 3 A 6 6 7 8 9 10 11 12 13 1a 15 16 17 1E 1S 2( 2' 2: 2; 2~ 2. done at that time which was discovered in kho course of the hoarinq. All of those three are prohibited iii the C--L zone. 3o the issues which were before you then are the same issues that are before you tonight; and that is can this applicant do reconditioning and sales of- motor vehicles at this location in this C-I. zone as of the time of his application which was shortly ago, i think, sometime earlier this year. Now, that's t-he historical background of it. I don't think anybody really disagrees with that, and that comes basically from your decision. So we're right back to the same set of r,ircumstances. Can this property be used for these elements? 'Phat was the issue then. It is the issue now. CHAIRMAN HOLLAND: With one exception as I understand. Back at that time, no application for conditional u.se had been applied or had been filed with the township. one has been filed prior to this hearing. MR. SNELBAKGR: Yes, but you already decided you can't use it for these three uses. CHAIRMAN HOLLAND: That's correct. MR. SNELBAKER: So the application for certificate of use now is based in part upon your decision in May that you couldn't do it then, rant do it now. CHAIRMAN ttOLLAND: You might be right, 11 --_---- 1 Mr. enelbaker, but my recollection is that what the board 2 affirmed was the townships ruling concerning the cease and 3 desist order and not conditional use permit. 4 MR. SNELBAKER: It's not a conditional use. It's 5 not a conditional use. 6 MR. SLIKE: Not a conditional but use permit. 7 MR. SNELBAKER: There is no certificate of use for 8 this work, and it cannot be done there. 'Phat's what you 9 decided. 10 MR. SLIKE: Althouyh, Mr. Snelbaker, it's 11 conceivable that the board at the earlier hearing could have 12 ruled yes, the township is right in issuing a cease and ,~ 13 desist order because the man never got a use permit oven . 14 though ho may t[ave been entitled to i.t. So now he's coming 15 in to say I think T'm entitled to it. Maybe the board won't 16 agree. But there is a difference in that he has filed for a 17 certificate of use. 18 MR. SNELBAKER: Mr. Slike, let me read the decision 19 in part. This is page 11. It says, The zoning hearing board 20 hereby denies the granting of a certificate of use to Caffrey 21 Auto Supply to Kenneth F. Caffrey, Jr., for the sale of used 22 motor vehicles from the premises and upholds the decision of 23 the zoning officer for the reasons as stated herein. It's 24 clearly denying a certificate of use. 25 MR. SLIKE: If one had not been applied for, I ~,,,J ''4~ 1 a 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2a 25 12 guess that might have been an improper statement of the case. If he nover applied for ono before, w© would not really -- until he applied for a variance, we would not have been able to issuo a certificate of use. MR. McA'PEE: Is the motion made by Mr. Snelbaker conoerning whether we would go through this thing again or trot, are you saying this is preempted by your finding? MR. SLIKE: Ism saying my preliminary research which was not that extensive chows that raroly do they impose the doctrine what khey call res judicata or estoppel on zpning matters. Maybe I~l.l change my mind after tonight and after more extensive research. The board can do what they want; but my advice would be to hear the case under advisement, take Mr. Srrelbaker~s motion under advisement. MR. McATEE: Even though we're going to hear the same thing we heard the last time? MR. SLIKE: Hopefully i.t wont be as extensive as it was the last time when we heard 3 hours of testimony. MR. McATEE: Is it the same thrust? Are w© really going to hear the same thing? MR. SLIKE: Sounds like it's the same general issue. ,~ MR. BALDWIN: I need clarification. Are you recommending that a decision not be given until the appeal is carried through? 13 n ~+,.,,~ MR. BLIKE: That~s correct. MR. BTIPE: Why don't we wait for the appeal? MR. BLIKE: I'm talking about this appeal, not the one in court. MR. BALDWIN: I meant the court appeal. MR. BLIKE: No. I'm recommending we hear him out tonight and reserve a decision on Mr. Snelbaker~s decision on res judicata or, estoppel until ai'ter we hear him out. MR. BTIPE: I have one other question. No. 8 on the application, use of the property, applicant believos this relief, the relief requested should be granted for the following reasons: the use of t•he property has been I continuing since prior to the time that the zoning ordinance 4 was amended and thus it is equitable that Mr. Caffrey be i permitted continued with this use. What use are you talking 6 about? The selling of cars and the detailing of cars? 7 MR. CLARAVAL: Xes. g MR. SNELBAKER: What are you reading from, 9 Mr. Stipe? O MR. BTIPE: The application to the zoning hearing 1 board. ;2 MR. SNELBAKER: Okay. The appeal. That's not the t3 application. Ism sorry. Go ahead. t4 MR. 3TIPE: No. 6. What use? As you said, 25 Mr. Snelbaker, in 1967 they were give~i a permit to use this 1 a 3 4 6 6 7 e 9 1C 11 1: 1; 1 1 1 1 1 .J 1a ~~ ..,,,/ 1 2 3 4 6 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 a2 2? 24 2a as an auto sales, parts sales. MR. SNELBAKER: Parts shop. MR. STIPE: In 19 -- when was the zoning changed? MR. SNELBAKER: The zoning was changed in 1993, sir, December of 1993. MR. $''PIPE: You're saying prior to 1993 you were selling cars and detailing cars? MR. CLARAVAL: Right. Reconditioning cars, selling them wholesale. MR. STIPE: It was a permitted use at thak time? MR. CLARAVAL: Yes. MR. STIPE: Although they didn't have sufficient parking. MR. CLARAVAL: They had sufficient parking. MR. STIPE: According to Mr. Bradley's .letter, he doesn't. MR. SNELBAKER: And they had no certificate of use, sir, for that use. MR. CLARAVAL: His letter is talking about today's parking. MR. STIPE: So you're claiming non-conforming use for. the detailing and sale of cars? MR. CLARAVAL: Well, there's no question that when they were doing this use, this new use, this reconditioning and wholesaling cars, that it would have been approved by the i~ t.,,M~ 1 2 3 4 6 6 7 8 9 10 11 12 13 14 1a 16 17 18 19 2C 21 2: 2: 2~ 2! 15 township beoause they already had a certificate of use to operate in this C-G zone or this C-G zone which existed. MR. STIPE: As what? MR. CLARAVAL: Well, the permit says that they could use it for sale, storage, and distribution of auto parts and body shop supplies, retail sales from the counter, wholesale pickup and delivery. MR. S'PIPE: Auto parts? MR. CLARAVAL: Yes. MR. STIPE: All disassembled. Not assembled. MR. CLARAVAL: That meant that they met all the qualifications that were in place at that time for a C-L district. So another use in a C-L district at that time would have been detailing cars. MR. SNELBAKER: C-G. MR. CLARAVAL: I think its Sections 1204 through 1211. They're still the same regardless of what you're doing. The parking requirement back then I think was 24 spaces. That~s what ho had. MR. STIPE: For the sale of cars? MR. CLARAVAL,: Sure. MR. STIPE: Although it was approved as use for a warehouse. ~,..~ MR. SNELBAKER: Please keep in mind that the board decided back in May thak they had no rights as a »~ 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 non-aonforming usor. That was the whole thrust of their appeal at that time. The same argument was made beak in the spring that because they ware Chore, albeit illegally, doing these things which they admitted in the hearing, that therefore they got non-conforming use status and ware protected after the zoning changed. 'Phere is no certificate of use for that change of use, the detailing and sales. There~s no certificate of use on file. You ruled in your decision here that the cease and desist order was in effect and that they had no established preexisting use that grandfathered that use beyond the change of h_he ordinance from C-G to C-L. 'Phat~s what I say. Were going back through the same case. You've already ruled. MR. BALDWIN: Mr. Chairman, I want to make a motion. Ind like to make a motion that we follow Mr. Slike~s recommendation, that we hear the testimony and hold a decision on Mr. Snelbaker's motion to the end of the appeal. CHAIRMAN HOLLAND: I agree. I think its the right thing to do in view of the fact that the difference between now and back in the spring is that the applicant has filed far a certificate of use permit for the property which has been denied by the township. It's my understanding that that's what's being appealed through this application. i think it would be the proper procedure at this point. MR. STIPE: Would this prejudice the. case in court? ~/ 1 2 3 4 5 6 7 9 9 10 11 12 13 14 15 16 17 1e 19 20 21 2a 23 as 25 17 CHAIRMAN HOLLAND: IP wo were to rule in Favor of the applicnnt, I nssume it would prejudice the case. MR. CLARAVAL: Well, it would end the case. CHAIRMAN HOLLAND: Is that right, Mr. Slike? MR. 3LIKE: Yes. That would end the case if you grunt the appeal. CHAIRMAN t10LLAND: Oo ahead, Mr. Claraval. I'm sorry. There's a motion pending. i seconded the motion. All in favor? (All respond in the affirmative.) MR. STIPE: Can we limit debate? CHAIRMAN HOLLAND: I don't think we dan limit debate. J MR. SLIKE: The chairman can rule on the motion. MR. CLARAVAL: I appreciate what the board has done, and we will limit- it. We're not going to be here for three hours. I'll go through it quickly, and my witnesses will go through it quickly. I want you to understand this case because it's the second time you're going to hoar it, exactly whak happened. Mr. Snelbaker told you some of it. Let me tell you quickly what happened in this case. We lost in front of you last time. You said that the township could continue with its cease and desist order. So we went to court; and Judge Hess said, Stop, he wanted to hear the case. We could have left it there. We could have ,~ 1 2 3 a 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 fought this in court. Mr, Cai'frey didn~t want to do that, He lives in Hampden 'Township, Ile works in Hampden 'Township. He wanted to do whatever ho could Lo get along. We read into your decision that we should go back and try to get this certificate of use. We me L• with people in the township, these two gentlemen did, and thought that they should do that, apply for the certificate of use, That~s what we did. We don't mean L-o tie you up with frivolous appeals because this is costing my clients time and money. Wore not just doing this for exercise in coming back in front of you. So that~s what we did. 'The township rejected us. We've spent the appeal money to come back hore again in front of you. ~..J What happened was in 1987 Mr. Caffrey did what he was supposed to do and got this certificate of use. He had a lawyer back L•hen. They went through L•he procedures. This certificate of use gave him permission to operate in a zone that was called C-G. And C-G zone at that time had all kinds of different things th;rt he could do, There were curtain specific things .listed under proposed use. But I would suggest to you that unless you're a lawyer or a member of this board, you wou.ldn~t know that that was the only thing you were allowed to do there. Think about it. Thin{c about before you sat on this 1'i •~. `~ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 board. Did you know or would you have known L•hat tho only thing you can de are those items that are listed hero in this certificate of use, or would you think reasonably that you could do whatever was permitted under the zane? '1'hat~s what Mr. Caffrey thought, So 1992 comes along. He gets a good ideal and that is because he sells these recondiCLoning supplies for cars, why doesn~t he get some cars in and wholesale them? He buys them wholesale, reconditions them, and takes thorn out and wholesales them again, That's what he's doing. Its no big operation. You~ll hear some numbers tonight. Its something like 20 or 25 cars a month. Occasionally he retails them, and most of thane cars are to people in h.is office or people he knows. There are only four or five for the entire year that he's done. He doesn't go out of his way to advertise it. He does the minimum advertising that's required under the state .licensing requirements. So that's what he does. He hires Kenny Hartzell because Kenny's name is well known with cars. Kenny goes to the wholesale auctions, picks up the cars, brings them back, reconditions them, takes them back, and sells them. 'f hat's the extent of this operation. Thex•e isn't any doubt that that was legal, that that was a permitted use up until December of 1993. They didn't get a certificate of use. Mr. Snelbaker will tell you ,~ .,) 1 2 3 4 5 6 7 e 9 10 11 12 13 14 16 16 17 19 19 20 21 22 23 24 25 20 ~.J that makes it illggal. 't'hey didn't know they had to get a certificate of use. So that's where we are. What~a being completely ignored in the township is the argument of fairness here, and you have the right to do this. We raised it last time, and your solicitor when he wrotcr the opinion addressed it. 'T'here are two theories here. Its Dell latches or equitable estoppel. What that means is that if the township should have done something hare, should have stopped Mr. Caffrey earlier than they did and didn~t do it, then Mr. Caffrey is ;Justified in relying on it to be an accepted use. Let me give you an every day example. Your neighbor puts a fence up, and your neighbor puts it 10 feet over in your yard. Twenty-one years go by, that ground belongs to him. 'Phat~s a common theory of estoppel. Its called adverse possession. The same thing can apply here. Now, in your opinion that you wrote last time, you rejected that argument. The person that wrote this opinion said my case that I cited wasn't exactly the same factually. Of course it wasn't. All cases are different. But the theory is there, and you could use that theory now if you want to. You could say to the township, You waited too long, Mr. Caffrey had a reasonable expectation that what ho was doing there was legal, and you shouldn't stop him from doing it. That's what we want you to do tonight. ~~ ,,.) 1 a 3 a 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 I think what Mr. Slake told you in the beginning is that thls is a different issu©. Did the township do the right thing in issuing the cease and desist order? Sure, because there was no eertlficate of use. But now it's different. You can tell the township, You waited too long to enforoe this, Give these guys a cerkifi.cate of non-conforming use, a rertificete of use Eor a non-conforming operation. That's what we want you to do, and you can do that. Tire standard that is supposed to be applied is what existed before 1993. We can't meet today's requirement because they've changed and that wouldn't be fair. The operation wont into effect before December of '93, and that's what we should have to moot. That's what we're going ko ask you to do. We're going to go through the testimony quickly because you understand this case. You heard it all before. A couple things that you mentioned in your opinion last• time that you had problems with from our end, we're going to offer you morn evtdenco on that. We're not going to go over the same stuff that you didn't have any problems with last time. What I want you to understand though is that you do have the power to do this. This is not a nitpicking technical thing. This is purely where you guys have the right to do something that you think ethically feels good to you. 1 If you think that the township waited too long, 2z ,~ 1 a 3 a 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 2C 21 2; 2; 2~ 2! then Mr. Caffrey can do what he wants with this certificate of use. If you think it's Caffrey's fault, that's Eine. But remember, you have to put yourselves in the shoes of somebody that doesn't know about zoning like lawyors do and like bureaucrats do. That's what we're going to ask you to do. Unless Mr. Snelbaker has a comment, we'll call our first witness. MR. SNELBAKL•'R: I don't rnlnic you neec cv ~an~ u witness. You've testified. MR. CLARAVAL: lie's right. I've tried to do that because I don't want to take a long time with the witnesses. Do you have an opening statement, Mr. Snelbaker? MR. SNELBAKER: Go ahead. MR. CLARAVAL: We'll call Mr. Caffrey to the stand. KENNETH P. CAFFREY, JR., called as a witness, being duly sworn, testified as follows: CHAIRMAN HOLLAND: ['or the record, would you state your full name and spoil your last name? THE WI'PNESS: Kenneth F'. Caffrey, Jr., C-a-f-f-r-e-y. CHAIRMAN HOLLAND; And your address, Mr. Caffrey? THE WITNESS: 56718 Pinehurst Way, Mechanicsburg, Pennsylvania. 2~ 1 CHAIRMAN HOLLAND: Mr. Claraval'1 2 DIREC'P GXAMINA'1'ION 3 BY MR. CLARAVAL: q Q Mr. Caffrey, what's your relationship with Caffrey 5 6 Auto Supply? A I'm the president of the corporation. My wife and '- I are the sole stockholders. 9 Q Where is the corporation located? 9 10 p 110 Sporting Nill Ctoad. Q What's that corporation's relationship to Country 11 Auto Sales'? 12 13 ,w. A it's the same corporation. Q Does Caffrey Auto Supply do business as Country 1q Auto Sales? 15 16 A That's correct. Q Mr. Caffrey, you testified in front of this board 1? on April 15, 1995? 18 19 A That's correct. Q Would you tell the board what you did after you 2p 21 22 23 2q received their decision of May 5, 1995? p Well, I'm just a regular guy. I've been sitting in here for the last 15 minutes; and I have absolutely no idea what you people are talking about, estoppel and -- it sounded like an Italian dish, juda eruda or somethlnq like that. I 25 don't know. I sell wax and automotive supplies L•o car '~"', 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 denler.s. In 1992, I started selling oars. In January of 1992, I started selling oars from that Lot. I had to get sa many permits from like the Department of Transportation, Labor and Industry. I went to what's called the Pennsylvania Independent Automobile Dealers Association to t-ol.l me what to do to get my doa.ler~s liconae, and I did. And it took me months to get it. I thought T did everything legal. I did recall at the time looking at the zoning hero that I could sell cars. i wasn~t doing anythi.n9 against khe zoning laws of Hampden 'Cownship. So I figured what I was doing was fine. I sold cars all of: X92, all of X93, and all of X94. The end of December of '94, In the beginning of X95 after three years of selling cars, not a lot of them but a few of them, I get a notice from the township that whnt Ism doing is wrong and its illegal and stop. So that's how we got to where we are. Now, the other tieing that was broughk out was the detailing. We've detailed automobiles in there since 1987, and the township knew about that whether it was on that certificate or not. Obviously it's not. But when I put the improvements on that building, I put three bays in the back with a drain in ik. I had to spend several thousand dollars to put in what~s called a ~'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 grease trap that the township roquir.ed so that the grease coming ofF the engines we degreased wouldn't go In the sewer, It goes in tho trap, and than wo had to havo people come in and picked it up. I didn't do that because T wanted to spend a couple thousand dollars. I did L•hat becauso the township required me to do that at the time so I could got my occupancy permit. So basically we've been detailing cars in there, not a lot, but we've been detailing cars in there since we moved in in 1987. I didn't know there was anything wrong with that. After I got my certificate of use in 1987, I just forgot all about that. I Figured if I'm doing what's permitted in the zone, everything is fine. Three years later, I get a notice that said you t. Ail I'm trying to do is say we did it all these years and I have a business. I have a man here that makes his livelihood doing that and I've got two people detailing cars part time. I just want to continue doing it. We've had no complaints from any neighbors, no complaints from any other businesses. We're not doing any harm to anybody. As a makter of fact, there's only two cars that are parked on the front lot. One of thorn is an old '48 Dodge that I have as a collector's atom and a Ford Gxpl.orer that I drive in the wintertime. They're for sale, but unfortunately nobody's ever bought them. ~~ ~ _) 1 a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Q After this first hearing and the boards decision of May X95, we filed a petition wikh the Court? A 'I'hat~s corroct. Q You also want back and filed for a certificate of use. Why did you do that? A I was under the opinion that if we could show the township -- and this is the opinion that the township gave me, and I forget where I got it Erom. It might have been from Mr. Snelbaker. It might hava bean fxom somebody on the board. There was some testimony on that that led to that also, that iE we would reapply and say we were only going to use this for wholesale purposes and no retail, that we might be able to get a certificate of use under those circumstances. So we went through the time and money and effort to apply for that just for wholesale purposes only, not retail. That~s what my understanding was of why we wanted to reapply to the township, so we could continue doing our business. MR. CI,ARAVAL: Mr. Snelbaker, any questions? MR. SNELBAKER: Yes. CROSS-Ei(AMINATION (1987 application and permit. produced and marked as Township Exhibit No. 1.) BY MR. SNELBAKER: Q Ism showing you what's been marked as Township ,~ ,wq,) 1 2 3 4 B 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 Exhibit 1. Turn to the second page of that, will you please? Is that your application Eor certiEicute of use that you made in 19877 A I have to road iL. I didn't bring my glasses with me. (goading.) I would assume so. Q It's your signature at the bottom? A No. My signature isn't on here. Q Signature of applic;an t•. Whose signature is that? A Certainly isn't mine. Q Whose is iL? A I tell you whose that- is. That's the First Commercial Steal Estate Corporation. Q But this was made on your behalf? 'Phe applicant is Caffrey Auto Supply, inc., right, top of the pogo? A That's correct. Q If you look at the middle of it, am I correot that the proposed use stated in there is the sale, storeys, and distribution of auto parts and body shop supplies, would have retail sales from counter, wholesale pickup, and delivery. Have I read that correctly? A That's correct. Q That's the application? A That's correct. Q Then you got a permit. I'm going to ask you to turn to the first page and ask you whether or not that is a .~ 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 oopy of the permit which you received. A Yes. Q And that aays exactly the same thing under the proposed use whioh was granted, is that correct? A That's corrocL•. MR. SNEL,pAKER: I'm going to move for the admission of Exhibit 1, if I may, please. MR. CLARAVAL: No objection. CHAIRMAN HOLLANp: It's admitted. BY MR. SNELBAKER: Q Am I correct that since that document was submitted and the permit granted that you have made no other applications for a certificate of use until the one that's presently pending here tonight? A That's correct. (1995 application produced and marked as Township Exhibit No. 2.) BY MR. SNELBAKGR: Q Let me show you what we've marked as Township Exhibit 2 and ask you whether this document consisting of all these various pages is the application which is the basis for this appeal tonight. A This particular document was submitted by Ken Hartzell, so I haven't really read it very closely. Q He's doing it on behalf of Caffrey Auto Supply, 29 ~~ ,) .... 1 2 3 a 5 6 7 6 9 10 11 12 13 1a 15 16 17 18 19 20 21 22 23 24 25 Inc., right? ,~ A 'Phat~s righl•. Q Would I be correct that this is the document? A Yes, that~s tho document. MR, 11ARTZEGL: I have a copy of it here. MR. SNELBAKER: 'l'ake a look. MR. HARTZELL: That~s it. BY MR. SNELBAKER: Q Am I correct that this !sn't signed? A Pardon. me? Q Am I correct that this is not signed, signature of applicant, about 3 inches off the bottom? A That~a correct. Q At this point, its acknowledged that this is in the C-L, commercial-limited district, correct? A Right now it is, that's correct. Q It's indicated that there are 40 parking spaces on this site, is that correct? A That~s correct. Q Middle of the page. Now, is that an accurate statement. of fact? A I went out and counted parking spaces, and there were -- that I did do, and they were at least 40 there. Yes, that~s correct. Q We went through this the .last time. Page 2 of tho ~ti l.iti 1 2 3 4 5 6 7 8 9 10 11 12 13 1a 15 16 17 18 19 20 21 22 23 24 25 30 ~..,J documont is a card, a business card for Mr. Hartzell, that says Country Auto Sales, Incorporated. It's noL incorporated, right? A Yes, it is. IL's Caffrey Auto Supplies, Incorporated, doing business as Country Auto Sales. Q But Country Auto Sales, Inc „ is no t• a legal name for Country Auto Sales, am I correct? You have not incorporated Country Auto Sales? A I'd have to chock that. c;affrey Auto Supplies is a corporation, and it's part of Caffrey Auto Supplies. Q Just so wore sure, noL-hlny has changed since you were hore in April or May as far as the entity status of Country Auto Sales? A No. The status hasn't changed. Q The third page, and I'm going Lo ask you to take a look at the third page, says that the beginning of this type of operation began in August of 1994. I'm directing your attention to the second to the last line. A That's correct. Q So your operation began in 1994 rather than 1992? A With him operating it. With him being the operator. We started sel.ling cars there bath wholesale and retail in 1992. Q Who did that? A I did. r"'1 „,) 31 1 2 9 a 5 6 ? e 9 10 11 1: 1: 1' 11 1~ 1 1 1 2 e Q I'm only looking at your page 3 here. We have been operating this L•ype of operati.orr slnco August of '94. Nothing is mentioned about August of '92. A August of 1994 we startod doing aimost sL-rictly all wholesaling and not retailing. Q I don't want- to quibble with what it says here because I can read it. You're saying in this document, whoever presented this document to the township said that this operation began in 1994? A That's correct. MR. SNEI,BAKER: I'm going to move for the admission of Exhibit 2. MR. CLARAVAL: No objection. CHAIRMAN HOLLAND: Did everyone have a chance to i see this? Mr. Snelbaker. moved for this exhibit. ~ MR. SI,IKG: You can rule on that. You don't have i to get their consent. CHAIRMAN HOLLAND: It's admitted. g (Zoning officer's decision produced and marked as 0 Township Exhibit No. 3.) 1 MR. SNELBAKEH: Exhibit 3, is there any dispute 2 that that's a copy of the decision from which you appealed? 3 MR. CLARAVAL: No. ~q MR. SNELBAKE:R: I move for the admission of !5 Exhibit 3, which is a copy of the zoning officer's decision. (, ,,,,) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 MR. ChARAVALt No objection, CHAIRMAN HOi,GAND: TL•~s admitted, BY MR. BNELBAKERt Q Am I correct, Mr. Caffrey, that what you are seeking to do here is Lo geL- a certificate of use to do the three Lhings which I mentioned earlier, one is the reconditioning, detailing, whaL-ever you want to call it, Ism going to call it reconditioning; second is to sell ik wholesale; third is to sell it retail? A 'This particular application was not to sell it retail. It was our -- I was led to believe the last time that if we came back and ,just tried to get it Eor wholesale only, that that might have a chance to get it approved. If Ism not mistaken, you may have been the one thaL• indicated that. Q Well get to that. '1'he point is that it says in here, We do not actively solicit any retail business. A That's correct. Q But you will sell it retail if someone seeks to do business retail, is that correct? A If we're told that we can't do that, no, we wont. Q But you have been? A Yes, we have been, because we have not been told not to. Q You were told in the cease and desist to stop ,~~ .^1 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 selling? A Yes. MR. CLARAVAL: But that~s not In effect. The order has been stayed by the ~7udge, so 1t~s not a fair question. MR. SNELBAKER: 'Phe question is, if told not to he would not. MR. CLARAVAL; No. Ile was not told by 8 legal authority not to because t-he order was stayed. You know that. ,~,.J MR. SNEI.,BAKGR: But we have him agreeing tonight that if told not to he won~k. MR. CLARAVAL: Of course. BY MR. SNELBAKER: Q in this proceeding? A Retail. Q if this board says you cant do it retail, you~ll quit doing it retail? A That's correct. MR. CLARAVAL: You~re assuming he doesn't appeal it to the Court. MR. SNELBAKER: I thought he just agreed he wouldn~t do it retail. MR. CLARAVAL: Mr. Snel.baker, he's going to exhaust his legal rights. MR. SNELBAKER: He Bald if he was told here he 3a n ~.,.! 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wouldn~t do it. `+.J MR, CLARAVAL: You want him to give up his rights? Is that what you're asking? Coma on, Mr. Snelbaker. BY MR, 3NELBAKER: Q Would you sell !t retail if somebody came in there to buy your '48 Dodge tonight? A Yes. Q Sure. Now, you have a sign in khe window that faces out on Sporting Hill Road indicating that there's a car dealership there, is khat correct? A Tiiat's correct. Q That's to sell cars at retail, is that• correct? A That's correct. Q That also gives you a license to sell I suppose at wholesale? A That's correct. Q That's a license which is granted by the Commonwealth of Pennsylvania? A That's correct. Q You said that whenever you began this business you went and you checked the zoning ordinance and found that you could do these kinds of things. Is that what I understood you to say? A That's correct. Q You found that you could detail, you could sell it ..-1 1 2 3 a 5 6 7 s 9 10 11 12 13 1a 15 16 17 18 19 20 21 22 23 24 25 36 wholesale, you could soil it rotai'1? A I just basically remembor rheckiny that it was okay to sell cars in that particular zoning. Q How did you do that, Mr. CaEFrey'1 A I don't reaall. I may have asked somebody. I don't recall exactly tiow I did it. Q But you did yo to the ordinance? A Did I personally yo to the ordinance? I don't recall, I just knew that !t was okay to sell cars at that time. I don't recall how I knew. Q You indicated that you came ko the township after the May decision, May of 1995 decision, and were somehow led to believe that if you filed an application such as the one that was here tonight that it might be granted. I want to ask you speciFically with whom you discussed that. A It seams to me that !t may have even been you at the last tteariny or somebody here Bald you might want to consider -- Q Not May. I want to know who at the township you discussed it with as you indicated you did. MR. CI,ARAVAL.: He's answering your question as well as he can romember. TtiE WITNESS: `Phe next wl.tness, Ken Hartzell, can tell you specific people because he talked to people down here. I did not. ~~ 36 ~•,,,~ i~ i I BY MR. SNELBAKER: 2 Q What I understand from this is that oven with an 3 appeal pending 1n whi.cti you are claiming that you have 4 preexisting rights, you come in and ask for a certificate of 6 use. That~s what has happened, am I correct? 6 A By an appeal pending, you mean with the Court? ~ Q Yes. Ism sorry. Witii the Court. g p Yes. Then I can drop the appeal. g Q Am I correct that the document which is attached to 10 I guess it would be Exhibit 2 which would be the application 11 that~s presently under. consideration that there~s a map shown 12 as Exhibit A? 13 A Where are we now? 14 Q That would be on the application for this 15 particular use, the one you filed earlier this year. 16 A That's correct. 17 Q Exhibit A, that was submitted with this , 18 application, is that correct? 19 A That~s correct. 2p Q Where are the 40 parking spaces? 21 A Well, they're not shown on here. 22 Q If you go back to the first document that we 23 submitted which this conditional use thing, am I correct that 24 that shows 24 spaces? 25 A Yes, it does. n ~~ 1. ,~ 1 2 3 4 5 6 7 B 9 10 11 12 13 14 1,5 16 17 18 19 ao 21 22 23 24 25 37 (1987 plan produced and marked as 'Pownship Exhibit No. 4.) BY MR. 3NELBAKER: Q Let me show you what I'm going to mark as No. 4. T only have one copy of this. I ask you whether this is your plan that was submitted with that application in 1987. A T don't know if this was my plan that was submitted in 1987 or not to be honest with you. Q Does .anybody here on your side of the table know? A I wouldn't know. MR. SNELBAKER: We'll put someone on to take care of that. That's all. Thank you. MR. CLARAVAL: Just one follow-up, if it please the board. REDIRECT EXAMINATION V BY MR. CLARAVAL: Q Mr. Caffrey, if you turn to Exhibit T-2 again which is the application that was filed this year and you try to explain when that application says we have been operating this type of operation since August 1994, what did that language mean? A What we meant by that, in 1994 we strictly went into wholesale, absolutely doing no soliciting of retail business whatsoever. That's all that meant. Ken Hartzell came in in 1994 and said, Let's make this strictly a i~ «;) 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 wholesale business, no retail hours, no retell advertising. And ttrat~s what we did. Q 'Phere was a question about the 40 parking spaces. Would you tell the board in general whero the 40 parking spaces are? A I went out and looked at those parking spaces, and there~s a lok of other places whore yeu can park cars on thak lot. I went out once day several months ago and counted where you could park cars. That~s all. MR. CLARAVAL: 'Thank you, sir. EXAMINATION BY MR. BALDWIN: Q Axe those spots actually marked, painted spots? A No. Q So it was just your estimate then? A Yes. And there were some cars thers that helped me make the proper estimate. MR. CLARAVAL,: Iiow many are painted? THE WITNESS: I donut know right offhand. I Would assume that 24. BY CHAIRMAN HOLLAND: Q What's the difference in activity at the location, Mr, Caffrey, between the retailing of cars and the wholesaling of cars? A We11, when you retail cars, you have customers 39 1 coming to your place of business, parking their vohicles, 2 coming in and looking at L•he vehicles on khe lat, coming into 3 your place of operation, your store, and making a dual with 4 Ken Hartzell, our salesman that~s in there. In tho wholesale 5 business, the sale of the vehicle, the transaction does not 6 take place at your place of business. All you do is store 7 the vehicle there. You buy it from a dealer or another B auction. You bring it to your place. You store it. And you 9 take it to another auction a week or two latex' and hopefully 10 sell it at a profit. So the buying transaction doesn't occur 11 at your location. Nor does the sale. It occurs at an 12 auction. ~ ") 13 Q So you donut have other dealers coming to this ~ 14 location? 15 A Rbsolutely not. 16 BY MR. BALDWIN: 17 Q As far as transfer papers and sale papers, you~re 18 saying you do not do that at this Location? 19 A The sale doesn~t take place. The sale paper --- 20 there's some paperwork that's done at that location in the 21 office. 22 Q If I were to come in as a wholesaler, would I sign 23 the document here? 24 A We donut wholesale cars there. You'd have to ask 25 Ken when he testifies. He may havo occasionally had a dealer `,.~ ao ,"'-1 l ...) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1e 15 2( 21 2; 2: 2~ 21 Dome in that he would meet at an aucl-ion that might want to buy a car khat he's L•old hlm about- that we had 1.n storago. But that duesrr't happen vary often. But musk of thce time, 99 times out of 100, the sale Lakes place oL either the Harrisburg Auto Auction or the Manheim Auto Auction. Q 'Phat's not quite answering my question, Mr. Caffrey. po you sign legal documents there far the sale? p '1'o my knowledge -- you're going to have an opporkunity to talk to Ken Hartzell. He can answer khat more accurately than I can. Slnce I'm under oath I don't want to take a guess. He would know t-he answer to that quostion. 8Y MR. STIPE: Q In your retailing operation, do you arrange financing? A We do not arrange any financing. We do not have any financing available for anybody. You said retail.. We really don't have a retail operat.ton. Q But you do sell retail? A We have sold some cars retail, yes. To give you an idea, we looked up the numbers tonight. Year to date, we have sold 2B1 vehicles this year. Eight of them have been sold other than auctions to retail customers, Eive of which were friends and relakives and three of which were employees. BY MR. McATGE: Q Mr. Caffrey, in your. .Longer range planning, do' you •,....~ •'1 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a1 plan to .increase your retail capability? A Apparently not. Q What is your plan right- now if we say you can retail? po you plan to expand that? A If you said that we could retail, the only thing thak we would do is go back to what we did in 1992, 1993, and 1994. And that would be store Eive or six cars out front with some advertising on it. If you said we could retail. If you said the only thing we could do there was wholesale, then we wouldn't do that. We would operate the way we are now with nothing out front. Nobody knows we're there really. Q Back in 1987 you wore counseled to what document you had to have to operate your business, is that correct? A I suppose so, yes. Q And one of those things that you wore counseled on was you had to have a certificate of use, right? A Yes. Q And that certificate of use was specific about what you could do and could not do7 `~ A Yes, sir. MR. McA'PEE: I have nothing further. MR. SNELBAKER: I have a question if I may. CHAIRMAN HOLLAND: We're just running around the board right now, Mr. Snelbaker. BY MR. FLINT: 42 „,1 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 1b 17 tE 1S 2( 2' 2; 2; 2 2 Q Mr. CafErsy, when you began the auto retail business there, you said you bscame aware that L•hat use was permitted in the C-G zone at that time. You had investigated that somehow? A Yes. Q Were you aware of any of the other requlrements that would go along with a different business such as additional parking that would be needed? A Yes. BY MR. SLIKE: Q Mr. Caffrey, you gave numbers Eor the vehicles you've sold this year. Do you have any figures in the number of vehicles that were sold in 1992, 1993? A Off the top of my head, no, I do not. Q Do you have an estimate of the number you sold in 1992, retail or wholesale? A We probably in 1992 sold 10 or 20 retail. These are guesses now, and 40 or 50 wholesale. Q Do you havs any records that you can submit to the board? A We have all the records there. Q I mean here tonight. { A Not tonight, no. { Q The number of. parking spaces that you counted, you i said you went out and made your estimate. There were more ~~ 43 1 2 3 4 5 6 7 8 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 aw/ than 40. But the plan app.urently shows 24, Are they all exterior parking spaces? A Yes. Q Are there any parking spaces inside of your building? A Yes, sir. Q Do you know haw many are inside the building? A well, we park some of our trucks inslde the building at night. Xou could store any number of vehicles in that building, inside the building. Q Well, any number -- A All right. You could probably store 40 or 50 vehicles inside the building the way it is right now. MR. SLIKG: I have no further questions. BY CHAIRMAN HOLLAND: Q You were asked some questions from Mr. Slike concerning the years 1992 and 1993. The same question with regard to 1994. Do you know how many vehicles you sold in 1994 wholesale, haw many were sold retail or could you approximate the number? A I never gave a number to 1993. 1993 I would say maybe ten vehicles we sold both wholesale and retail, ten. 1994, until the time Ken Hartzell came along, maybe flue or six at most. And then Ken tiart•r.el..l came along in August of 1994 and we decided to get into just doing exclusively as ,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 wholesale. CHAIRMAN HOLLANp: Mr. Sne,lbakor? R4~CROS3-GXAMI NA'I'ION BY MR. SNELBAKFR: Q Mr. Caffrey, am I correct that• the licensing requirements to have a dealer's licenso roquires a premises? A That~s correct. Q Am I also correct that to have a dealers lioense, there must be an opportunity to sell at retail to the general public? ~,.J A That~s correct. Q And that ttrat is what the purpose of the front of the building has been used since you got the license? A That~s correct. Q And that the sign in the window is designed to comply with state regulations dealing with identification of a licensed premises? A That's correct. Q So that in order to maintain a dealers license, you must be able to establish to the Commonwealth the fact that there is a retail operation in existence? A You must be able to establish that there~s a sign. You donut have to -- once you get your retail license, you~re not required to retail any vehicles. Q Are you inspected by anybody? r"'1 ,~..) as 1 2 3 4 6 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E A We were just recently inspected, yea. Q And you pointed out that the front out there was the retail lot? A i wasn't involved in tho inspoetion. Ken Hartzell was. He can answer that. Q Do the state police do khat Inspection? A Again, you~ll have to ask Ken Hartzell. He just told me about it. EXAMINATION BY MR. STIPE: Q Your license, your retail sales license, was issued to Country Auto or Caffrey Auto Parts? A I think it's Caffrey Auto Supply, Inc., dba Country Auto Sales. Q Country Auto Sales, would you consider that a department in your corporate structure? What is Country Auto Sales, Tnc.? Is it a separate subsidiary? Do you keep two sets of books? A Yes. Q Your gross business per year, what is the percentage of Caffrey Auto to Country Auto In sales? A That's a very good question. That I do have. I brought that along with me tonight based on what we've done this year. Through September 30 of this year, January through September 30, through nine months the gross sales of ~~ ~~ ~ ~1 1 2 3 a 5 6 7 B 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 46 Caffrey Auto Bupply, Inc., wore $2,406,359, 'Phe automotive supply division portion of lk accounted for $1,156,358 of the revenue or 48.05 percent. 'Phe wholesale auto division accounted Eor $1,250,001 or 51.95 percent. So ttie wholesale auto division is generated a little over half the revenues of khe business. Q So you would call that your prime business? A As Ear as revenues go at the present time, yes. MR. S'1'IPE: That's it. CHAIRMAN HOLLAND: Thank you, Mr. Caffrey. Mr. Claraval? MR. CLARAVAL: I call Mr. Hartzell. KENNETH J. HAR'1'2ELL, called as a witness, being duly sworn, testified as follows: CHAIRMAN HOLLAND; E'er the record, if you Would, state your full name anal spell your last name. THE WITNESS: Kenneth J. Hartzell, H-a-r-t-z-a-1-1. CHAIRMAN HOLLAND: What's your address? THE WITNESS: 3453 Laraby Drive, Harrisburg. DIREC'P EXAMINATION BY MR. CLARAVAL: Q Mr. Hartzell, would you tell the board what your position is at Country Auto Sales? A I'm the manager of the Country Auto Sales. Y. a7 ~^v ~ 1 2 3 a 6 6 7 B 9 10 11 12 13 1a 15 16 17 1E 15 2( 21 2. 2; 2~ 2. Q What's your background in sa.lea? A I've boen in the aulomotivo business sinco 1959, owned my own business from 1969 until '92. Q When did you go tc work for Country Auto bales? A August of 199x. Q Would you describe to l-he board exactly what you do and how the sales procedure works? A Well, I went into it in the wholesale business because I had been in the retail end of the car business for 30-some years. It consumes a lot of hours. I wanted to get away from the hours; and the only way to get away from the hours is to get away from the retail. end of the business, which is why I wanted to geL- into wholesale which is why we close at 5;00 at night and we are not open on Saturday. I didn't want any retail business. It's boon that way since August of 199a when we went into it because I didn't want the retail end of the business. Q Describe to us then what you do, how you buy a car, how you recondition it, how you sell it. A I'll go to the dealers that- I know and try to buy trade-ins that they have or go to certain car auctions and buy cars there that i think have a potential of I reconditioning the car and making it look better and taking ; it to another auction and sell it. Q You bring the car back to Country Auto Sales and ~./ '1 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ae recondition it there? A That's correct. Q What'cs involved Ln r.econditloning? A We wash the motor down, polish the outside, shampoo the interior. Some nerd pain L- work, which then T take out to a body shop to have that done. We don't do thaL-. Or if it needs mechanical repairs or inspection, I have to take that out also because we don't do that type of work. Q There was a question from the board about the paperwork. When you purchase a rar at wholesale, where is the paperwork handled? A All the paperwork on L-he cars I get are all done at the dealership that T buy from or at the auction that I buy. When I go to an auction, al.l ttie paperwork is dons there. I have six cars running tomorrow at Harrisburg Auto Auction, seven cars running at Manhelm Auto Auction on Friday; and all the paperwork will be done Lhere. Q What paperwork then if any is done at Country Auto Supplies? A Well, I keep al.l of my records there. All of my titles are kept there. Occasionally if someone would buy a car, you must do the paperwork in the office there. It must be done there. Q Do you advertise at all? A The only advertising, if you can call it ~~ 1 2 3 a 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 advertising, is we have our name !n the phone book, not in the yellow pages but !n the white pages, as Country Auto Bales because by state law with the Department of Transportation you must have your namo in the phone book. Q And you have a sign in the window? A And a sign in the window. 'i`hat~s also required by the state. Q Speaking of the stag;, was Country Auto Sales recently inspected by the state? A About two weeks ago. Q Who does the inspection? A A female investigator for the state that usually comes around. Q Is this person from PennDO'P or state police? Where is she from? A She was from PennDOT. Q What happened during the inspection? A She came in and asked to see our records and looked at everything that~s supposed to be presented on the wall that were approved as a dealer and have a salesman's license and I guess the occupancy permit. She just looked at everything on the wall. I know that. Then she asked to see some of my records Eor car sales that I had which I showed her. Q Did you pass the inspection? so "1 1 a 3 a 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 A Yes. No problem. Q We weze talking about the volumo of antes. Mr. Caffrey described the volumo of sales over the pest year. Did you hear the Figures ho was talking about? A Yes. I was khe ono t•haL- gave him the Eiqures. Q He also mentioned that- the gross sales wore approximately one mi111on, three. What's the percentage of profit on that to the corporation? Uo you know? A I d.idn't Figure that up. Q Do you understand it- to be lower that Caffrey Auto Supplies? A It would be much .lower than the percentage there because we're dealing in a high commodity item, an automobile. Q Why don't you give the board an example of the type of transaction you would do? Get's say the cars you're selling tomorrow. 'Fake one car. Tell us what you bought it for, what you put into it, what you expect to yet. A i just bought a real cheap car the other day. I bought an '86 Mercury Lynx aver at G'aulkner Honda Eor $400. I brought it home and I spent $100 on reconditioning it. It's going to the car auction tomorrow. Q What do you expect to got? A About $B00. Q So khat would give you a profit of $3007 `~..,~ ., 1 a 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 51 A $300. You oan make as much sometimes on a cheap car as an expensive car, Q Is that the type of profll range we're talking about for all these cars? A I'm roughly l-alking on a who.iesale if you cart average $400 a car, you're doing well. If you make $1,000 on one, $200 on another, nothing on thct next one, you're basically looking to make 3, $400 a car. Q I,et me shift-, to another subject now. Afl-or ttte last hearing when we got the board's deecision, we saw the language in L-he decision that sold It might be a good Idea to apply to the township again. We did that. Tttore was also some question about whether or not you spoke to anyone from tha L•ownship who may have indicated to you it was a good idea to make an application. A 't'hey said it wouldn't hurt to do it, to apply; and they were actiny like they were golrty to try to help you do something, to explain It in a bettor wholesale way, I don't want to be in a retail operation. If I did, I'd want a lot with 50, 60 cars and 1lghts all over the place and a garage because you need to repair car:; if you retail them. Q Who did you talk to? A I believe it was Chase Hous© and an assistant of his. Q And they're the ones that suggested you file the fit 1 2 3 4 5 6 7 8 9 10 11 li 1; 1~ 1! 1i 1 1 1 2 2 nppliantion? A Right. Q suppose this board, Mr. Fiartxell, worn to impose restrictions or suggest that the township impaso restrictions on how you go about ret-ailing cars. Wauld you have any problems with restrictions on retai.ling cars? A '1'he only problem T have is living within the state law because the state does not have a license to be just a wholesale auto dealer. I have some Friends who wholesale automobiles and never recall a car at a11, but they~re approved as a retail lot even though they don't sell there. Q If this board were to say you can retail cars but you can only have two parked out front at any one time or some restrictions like that, would that be agreeable to you? i A Yes. I don't need to have any parked out front. ~ Q If this board were to say that the only sign that i you could have would be the one in the window right now and 3 nothing other? 9 A That~s fine with me. 0 Q And you could never advertise retail cars, would 1 you agree with that? 2 A I donut advertise retail cars. I donut want the 3 hours of retail. 4 MR. CLARAVAL: Thanks, Mr. Hartzell. Your witness, 5 Mr. Snelbaker. ..,.J fi3 ~, 1 CRUSS--i;XAMTNA'PIUN 2 BY MR. SNRI,gAKER: 3 Q Just so I undersL•and this, you say that you must be 4 a retail dealer in order to Have a dealor~s license? fi p 'Phat~s the only type of dealer that' have. 6 Q And 1f you have a decision Erom this board that 7 said you could not retail cars at this premisesr would you g then be in violation of your license? g A '1'hat~s what I said, Ism in a catch 22. I am not 1U actively soliciting retail business. I looked up my records 11 for this year --~ 12 Q Just a second. Answer my question. ,''~ 13 p I would have to. 14 Q You would have to what? 15 A Sell retail if somebody came in and askod me 16 because if it was a state inspector, then I'm in violation of 17 the law. 1B Q Sure. So you must have a retail facility on this 1g premises in order to do the wholesale business? 20 A That~s correct. 21 Q Do you have an inspection station? 22 A No, sir. We had to be approved t>y the state that 23 we had an agreement with an inspection station to inspect our 24 cars. 28 Q That~s fine. You don't have one on the premises? 5a r'1 ~,... ,~.~ 1 2 3 4 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 A No, MR. BNELBAKER: 'rhat~s all I hava, GXAMINA'1'ION BY MR. BALpWIN: Q Mr. Hartzell, are you the owner of Country Auto Sales or an employee? A Tim an employee. Q So it's fully owned by -- A Ism employed by Caffrey Auto Supplies, winch Country Auto Saloa I run. Its all one corporation. Q Do you have any stock holdings in Caffrey Auto Supply? A No, sir. Q So you don't own any of it then? A No, sir. MR. BALDWIN: That~S all. CHAIRMAN t10LLAND: Thank you, Mr. Claraval. MR. CLARAVAL: That~s the extent of our evidence tonight, gentlemen. CHAIRMAN tiOLI,AND: Thank you. Mr. Snelbaker7 MR. BNELBAKER: We're going to call Mr. McMillan. DARRYL L. McMILLAN, called as a Witness, being duly sworn, testified as follows: CHAIRMAN HOLLAND: For the record, if you would P~ '~ f' U U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2: 2: 2i 2! state your full name and spell your last name and tell. us your position. THE WITNESS: Darryl G. McMillan, M--c--M-i-1-1-a-n. I'm the director of codes enforcement and assistant zoning offlcer Eor Hampden Township. pIRECT EXAMINATION BY MR. SNELBAKER: Q Mr. McMillan, you~ve been handed a document which I believe 1s now Exhibit 4, which is a drawing. Can you tell us where that came Erom? Did that come from the fila? A Yes. 'Phis is a site plan of the Caffrey site at 110 Sporting Hill Road. It was prepared by a professional land surveyor, Gerald D. Funk, received and stamped in by Hampden Township on April 30, 1987. It was a plan that was filed with the 1987 certiflcate of use application that was filed. Q Does that document indicate that there are parking spaces for the use of that premises? A Yes. Q L)oes it indicate on it how many parking spaces there are or do you have to count them? A I believe on the application it has a number, but on the plan you have to count them. Q Can you tell us how many you can count by looking at it there? 1,~ ~1 1f 11 1i 13 19 15 16 17 18 19 20 21 22 23 24 25 4_= 1 A 22 strip9d. But if you count on Hither side of the 2 stripes, it could be a spaco or so. 30 22 to 24, 3 R The application on the use permik reflects 24 4 spaoesl end this would bo the document upon which that would i have boon based, is that correct? > A '1'hat~a correct. ~ Q Has Mr, Caffrey or Mr. fiartzell or anyone on their I behalf sou.ghk to reconstitute the property to show any ~ additional parking spaces? A Not to my knowledge. Q The uses that Choy seek to make of this, what would be the required number of parking spaces if this use was otherwise allowed? MR. CLARAVAL; May I ask whether you~re talking about under the '94 amendments or prior to X94? MR. SNELBAKER; Either one. A if the additional uses were there, there would be a different calculation under Chapter 19. BY MR. SNELBAKER: Q That would be prior under the C-G, correct? A Corroct. Q If those wore lawfully constituted uses, the sales and the reconditioning aspects of this thing, there would be more than 24 spaces required, is that right? A We did the calculations I believe in our letter '"1 ... ~~w/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 that we sent to them. Yes, that was a statement we made. Q Have you al• any time received eny dooumontation From the owner of the property or any prior applicant for the use of the property for reconditioning for tho sales of vehioles whether wholesale or retail prior to this application presently? A No. MR. SNELBAKER: I move for the admission of Exhibit No. 4. MR. CLARAVAL: No objection. CHAIRMAN HOLLAND: Its admitted. BY MR. SNELBAKER: Q Who prepares the applications for certificates of use? Who prepares them? Who actually fills out the papers? A The applicant. MR. SNELBAKER: That~s x.11. CROSS-EXAMINATION BY MR. CLARAVAL: Q Do you have Exhibit T-3 there in front of you, sir? A I don't believe so. That's the letter of -- MR. SLIKE: September 22. BY MR. CLARAVAL: Q I direct your attention -- that was signed not by you but by Mr. Bradley? A Correct. 59 ~~ .~~ _,. . 1 x 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q I direct your attention to the first page of that bottom paragraph. Am I correcL• that it says this number of parking spaces, and it's referring to 24, this number of parking spaces is substandard under today's ordinance? Is thnt what it says? A Yes. Q Then it goes on to say although for existing approved uses at this site, 24 spaces are considered to be legally non-•conforming, is that right, sir? A For Caffrey Auto Sales, yes. Q That's what. it says? It says 24 spaces are considered to be legally non-conforming? A For the existing uses under the certificate of use, yes. Q So when you look at 40, you're having to do a recalculation, aren~t ycu? A That was represented to us, 40, yes. They would have to be legal spaces under the ordinance. Q And 40 would certainly fit under the new ordinance, wouldn't it? A Well, we have storage area changing to detail area; and then we have additional car sales that you would have to have spaces for cars on the lot. You would have to do the calculation for everything. Q So are you telling us that ycu haven't done those '~ 1 a 3 4 5 6 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 calculations? A We donut believe there~s 40 spaces on the site. Q If there are 40 spaces, if this board believes Mr. Caffrey, then 40 spaces would fit within the ordinance requirements, wouldn~t it, sir? A Yes. MR. CI,ARAVAL: 'I'hat~s all. RGDIRGCT EXAMINA'PION BY MR. SNELBAKER: Q Let me ask you, when you calculate the spaces, how do you do that? A Part 19 of Chapter 27 of the township zoning ordinance lists specific uses and parking criteria for those uses. Q That~s based directly on the area of that use, is that correct? A Mainly its based on square Footage of ttie specific use. Q The area? A Yes. Q And do you know what the area is here? Do you know? L..J A No. Right now what all the areas are used for on the site, I don't know. Q So you couldn't possibly calculate what parking 60 ~~~ l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 arse would be required, could you? A What Choy would need for what they~ro proposing attd asking for, no. Q That hasn~t boon submitted t-o you, has it, square footage, the area, has it? A No. MR. SNELBAKER: 'Phat~s all. CHAIRMAN HOI,I,ANC): Mr. McMillan, I might have a mental block if this had been previously covered in the spring meeting. But how did this Como to the township's attention which resulted in the cease and desist order being issued by the township earlier.? MR. SNELBAKER: We'll put Mr. Bradley on. fie has personal knowledge of that. CHAIRMAN HOLLAND: ['orgst the question. Any other questions? EXAMINATION BY MR. McATEE: Q Mr. McMillan, the allegation was made that the township knew that this warehouse area was to be used for detailing by incorporating the bays and drainage and so forth and the separation of the water and sewer. Is this true in fact to your knowledge, that you know this was there? A I can't comment on that, Mr. McAtee. There could be a grease separator there. If there~s a garage area and ~~ 61 A~1 ' ~ ,~. 1 2 3 a 6 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vehicles being brought in and out, even to stay out of the weather during inclement weather, a lot of garages have floor drains and traps to my knowledge. I donut Know why it was required. Q The allegation by Mr. Caffrey was the township knew of this detailing capabilities. A I did not know. MR. McA'PEE: I have nothing further. CHAIRMAN f1OLLAND: Any other questions of Mr. McMillan? Mr. Snelbaker? MR. SNELBAKER: I have no Eur.ther yuestions of Mr. McMillan. You may step down. Mr. Bradley, would you take the stand? Give us your name and position, sir. MR. BRADLEY: John Bradley. Manager and zoning officer for Hampden Township. JOHN BRADLEY, called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATION BY MR. SNELBAKER: Q Mr. Bradley, am I correct that you signed the order or the letter denying the certificate of use permit which has been marked as Township Exhibit 3? A Yes, s1r, you are. Q We have presented from the township records a ~~ 62 1 2 3 a 5 6 7 e 9 10 11 17 1: 1~ 1! ti 1' 1 1 2 2 2 i certificate of use application and permit which was marked as Township Exhibit 1. Are you familir-r with that document? A Yes. Q Except for that document, has there boon any other certificate of uses granted, permits granted, prior to the present proceeding? A Not that I'm aware of, sir. Q And in the course of the operation of the zoning ordinance, can you toll the board when a change of zoning occurred with respect to the area of the Caffrey Auto Sales premises? A Yes, sir. I believe it was exactly December ?, 1993, when the Board of Commissioners changed that area and others as you pointed out from commercial general to commercial limited. Q At that time were you aware of the work which was ~ being dons on this premises other than what was in the i original certificate of use permit? t A No, sir, I was not. ~ Q Did anybody at the time of the application or the 1 amendment of the zoning ordinance, L-hat is, anyone on the 2 applicant's behalf here, come and ask for registration of any 3 non-conforming use? a A No, sir, they did not. 5 Q Is there any record of any non-Conforming use ~*.J 63 ~'"'"'1 1 2 3 4 5 6 7 13 9 10 11 12 13 14 15 1b 17 1E IS 2( 21 2: 2: 2~ 2 existing in the township concerning the uses being made of the premises by Mr. Caffrey and Mr. Ilartze117 A No, sir, there is not. Q In order to address Mr. McAtee's concern, my remembering is that you initiated a cease and desist proceeding approxlmetely a year ago? A Yes, sir, that's,correct-. Q That came about as a result of what? A As a result of being asked the question what was going on in the lot by one of my commissioners. I went down and drove past the lot and noticed that there wore cars obviously Eor sale on the front• lot. At that point, I came back and asked Darryl's staff to Investigate. That investigation ended up in a cease and desist order. MR. SNELBAKER: Cross-examine. CRUSS-EXAMINATION BY MR. CLARAVAL: Q Sir, you indicated that the zoning ordinance was changed on I think you said December 7, '93. Can you tell us how that change went about, how it occurred? A In the normal procedure as far as the Pennsylvania state law requires that it was advertised, posted, went to a public hearing, and -- Q Let me interrupt you. Excuse me. Do you remember specifically how this ordinance was changed? ea ~~ `,,.} ,~ 1 2 3 a 5 6 7 8 9 10 11 12 13 1a 15 1b 17 1E p I don't know that I understand your question. The normal procedure happened as a result of recommendation of the comprehensive plan and was done in accordance with normal procedure. I don't know how else L•o gnawer your question. Q You're going to tell me the normal procedure. You don't have the documents here with you today to indicate how that procedure was followed for L-his particular change, do you? A I don't have the file with me, no. Q Then tell me in general how it• occurs. A A zoning ordinance change is normally started at the Board of Commissioners. Then it goes to the Planning Commission for their recommendation, yea or nay. Planning Commission comes back to the Board of Commissioners. They decide whether to hold a public hearing or not. If they decide to hold a public hearing, that date is sot and advertisement of the public hearing is sent to quite frankly the Patriot News. The area is posted as required by the municipalities planning code. On the night of the public hearing, the commissioners will hold the hearing. And they ! may or may not make a decision that night to rezone, assuming ! it's a positive decision to be made that night. Sometimes 4 the decision is announced at the next meeting. It's normally i made that night. 1'. 2f 2' 2; 2, 2 2 ~,~ i~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 Q Are the ownors of ttie property in the affected area directly notified? A No, sir. That's not required by law. However, the property must be posted by 1aw~ and we do that. Q Each property? A Each property is postod, yea. Q 9o when you changed this zone, when the township changed this zone from C-G to C-L, are you saying you went to Mr. Caffrey's place of business and posted it? A I don't think it was placed on the building. Our normal procedure is to place it on the utility poles or some type of sign in the area. That's what the MPC requires. Q What would be the languaye of the ordinance? A Pardon me, sir? Q What would be the language? A I don't understand your question. Q The notico that you're posting is the new ordinance? A I don't know that i read all the postings, but I believe that the language on the posting does not quote new ordinance. It's similar to the posting that's there now announcing this. I don't think it quotes all the proceedings. It talks about it in general terms, probably a summary of it. Q You mentioned you didn't have your file with you. 66 r~ ~.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2a 25 IE later on in the court proceedings were involved with, if I have the Court issue you a subpoena, you~ll be able ko produce the File that shows what tho township wont through to adopt this change? MR. SNELBAKER: 'Phis is all irrelevant, and Ism going to ask the board to limit the testimony on this point. The ordinance was passed in December of 1993. 'Phere have been no appeals from it. It stands. CHAIRMAN HOLLAND: I donut know what that question has to do with this hearing, Mr. Claraval. MR. CLARAVAL: Okay, BY MR. CLARAVAL: Q Do you have the zoning ordinance there in front of you, sir? A No, sir, not i.n front of me. Q Would you agree with me that under C-G which is commercial general, permitted uses 1203-5, -- well 5 refers to public garage used for storage, repair, and servicing of motor vehicles. Is that what it says? A Yes, sir. Q Would you agree that No. 6 under that same section says motor vehicle repair garage? MR. SNELBAKER: Is this the ordinance that was in effect at the time of the C-G? MR. CLARAVAL: Correct. 67 1 MR. SNELBAKER; Are you sure? 2 MR. CLARAVAL: Yes• 3 q 5 6 BY MR. CLARAVAL: 4 Would you agree that that's what No. 6 says? A I will agree that that is No. 6, yes. I would also agree that this is the newest ordinance, June 29, 1994, that 7 8 9 you are reading from. Q Would you agree at the bottom of the page it says the ordinance was passed in 1984 and then amended in 1985? 1p 11 Is that what it says? A The ordinance was Eirst passed in '9q and amended 12 13 and then re-amended, that's correct. Q But the last amendment date is 1985, isn't that 14 right? 15 16 A No, sir. June 29, 1994. Nad this particular section been amended, it would 4 17 indicate here in this document, wouldn't it? 1e A Not necessarily. We do not necessarily put the 19 20 21 amendments here at the bottom. Q Would you agree that No. 17 says mater vehicle body shop, motor vehicle and/or mobile home sales? Is that what 22 it says? 23 24 A Yes, it does. Q Those uses are all even to this day permitted under 2a commercial general? l `~+~ 6 E3 1 2 3 4 6 6 7 B 9 10 it 12 13 14 15 1E 1. 1E 1! 2i 2 2 2 2 2 A Yes. Q Su you would agroo with mo that this usa wa'va been talking about for tho Last flue months now fits within theca eategaries et least from 19H7 up to 1993? A I would agroo L-hat that use is pert of. the C-G use then and today, yes. MR. CLARAVAL; That's a].1 I havo. Thank you, sir. CHAIRMAN iiOLLAND: Questions for Mr. Bradley? (No response.) MR. SNGLBAKLR; Thank you. 'That's all we have. All of our exhibits have been admitted. If they haven'k I submit them now. CHAIRMAN HOL[,AND: 'They hava been all admitted, that's correct. MR. BALDWIN: Mr. Chairman, after listening to this this evening, I really find that thorn is no change from what we had originally ruled upon. I'd like to make a motion that we accept Mr. Snelbakez•'s original motion of -- what are the ~ legal terms? ~ MR. SNGLBAKER: I made a motion to dismiss on the basis that it's already been decided. Z CHAIRMAN HOLLAND: You want to adopt that ,motion, j Gene? y MR. BALDWIN: Yes. 5 CHAIRMAN HOLLAND: Mr. Slike? 69 1 a a 4 5 6 7 8 9 10 11 12 .,) 13 ..,. 14 15 16 17 18 19 20 21 22 23 24 25 MR. SLIKE: tie moved on a legal point, rss jydicata, saying wo should not even hear this again. MR. BALDWIN: I thought it Was to hoar it and decide his motion at the end. MR. SLIKG: We have the motion. whether wore going to hoar it, No. 1, and the motion whether this is a differenk appeal because they have now filed an applicat•Lon for the certificate of use that they had not previously filed. So I think we really should take it under advisement like our. ordinary procedure. We have to file a written opinion the next day if we do it tonight. MR. BALDWIN: I misunderstood at the beginning. I thought we could move to accept Mr. Snelbaker~s after we heard -- MR. SLIKE: I think that should be part of our overall decision. CHAIRMAN HOLLAND: motion? Do you want to withdraw your MR. BALDWIN: I~11 withdraw it, but I was under a misunderstanding there. MR. STIPE: I understood the same thing. CHAIRMAN HOLLAND: I guess there's nothing further for this board tonight. CHAIRMAN HOLLAND: Mr. Claraval, the board will r'"1 2 3 4 5 6 7 B 9 10 11 12 ~,,~,~ 13 14 15 16 17 18 19 20 21 2a a3 24 25 ~o consider the request end render a decision at the next meeting, Decamber 6. MR. CLARAVAL: Thank you, gentlemen, (Whereupon, the hearing of Appeal 96-06 was concluded at 9:15 p.m.) i , i ~. 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Pepe 1 Bhaat 1 IN REt CAFFREY AUTO BALE R, INC., APPEAL NO. 9606 • NOVEMBER 1, 1996 elt ul ;333; 4,~ 2ai72'~tsf11 3A` 1d ~4`2tl Cumb~rhnd lri $:1 7i dlInclly iai b9i 1 ~ 8tTi2 S 7,9 44:13 E d 28:4,13 27:2 28:13 1 18 tl red nt 6:B 19 l l b 2b 16 t 7 8 dlreator m 66:4 dlnppreee m 10:10 l 4a m 22:6 : 1 32:6 08:4 4 66:1668:13 81:122 42: lxt , e n : 20 curren ut : cuelomen Ixi 38:26 dlwlbwed m 9:B dl.rrwmbad 15: bue Ioa14:10 9t 1,8,1889:6 aom hly n120,3 40:22 In ~ 420;10 26:16 28:18 1 aeAlfbahun 67:10 aOfn y lu 44:18 t~ K 10 dlrcowndi 19:14 1:1,602;1720D4:20 1 CHAIRMANuel3a,e, hmnlwiu .... . a 57:24 OB:1 Db:1,6,8 19 8:11 16 8:17 10: 2 64:D DARRYL ul 64:23 b6: 10:1 cuned t36:16 dl 41;1342:2746:20 H 18:14,1817: 16,21, 0 concelwbhnt 11:11 8 4 3 83:13 l' O ir , e 20 3,8,9 12, 48:6 7 4T 16,15 63x4,19 8~:9 1 4,7,12,14 22:19,2 213:1 28:9 31:14,18 concern m 3: conwminp 10 11:2 arry e m date ix1 A020 84:17 dlah nt 2324 bueNtaaaar tat 9:11 D22 38:21 41:23 43: 12:8 43:1783:1 4T.13 d emlu m 88:20 ~ 26:20 16 44:2 48:10 18,18 1 condNlonal lm 10:17 dabd nt 3:14 80 .pub In 31:21 d ll 16 6 di lb buy tot 04:8 39:7 40:2 1:11 80: 84:17,20,26 6 11:3,4,6,8 38:23 : day int 20:12 3B:B u on iat : e 4T18,20,22 48:13,13, 8,16 8L'B 88:9 88:8, condNlone ut 6:9 10 87:24 89:11 27:18 21 13,16,22,28 88:17,22, aon6rmed In 7:12 dba nt 45:13 dlttrlCl u, 16:13,13 I>vywtp nt D9:10 26 consent ut 31:17 deal 1x18:19 39:3 29:1 b btl Ilt 19:8 Qhanp ixt 31:14 32: aonelder 1x136:18 46: deter ult 39:7,26 48: divblon Ixt 48:2,3,6 13 16 70:1 20 62:9 B3:4,6 docUlw m 12:10 ahan not 3:24 12:11 conelderalton m 38: duhr's in, 24:7 44:8, 63 4 document uet 28:11, 23 29 2D 3 4 30:1 31: C•r•f•f•r•ry m 22:22 18:7,T1 82:9 83:2D 11 : 8,18 : , , Gtl nn 16:2,16 18:12 84:8,1288:4 88:18 coneWered lxt 6B:B, doors 1+i 24:1,8 39: 7,8 38:9,22 38:23 41: 18:1919 42:3 68:20 4 Chr11Wd nal 6:10 14: 12 13 47:20 3a t0 d l hi 12 66:8,17 68:4 82:2, 487:17 8;18,2488:6 66:8 3,414821:1130:11, coneletinpl,t2e:2o pixt : ea ere GL nn 3:8 9:8,12 10: 14 82:1383:19,26 86: conetNuled i n 68:22 48:13 documenWlon n t 67: 2 6 16:2 12,13 18:12 26;16 64:8 7 8 ahrnQlnp w 68:21 conetNed m 4:14 conwmee m 4T.10 doling 1x144:1860: 13 2 documenbd m 8:22 Caffny'a tot 9:11 22: Chap4er lxt 68:18 69: con4at m 3:26 debate Ixt 17:11 13 D b ~ 4 document ixt 40:7 84 7 66;D 12 Contingent m 3:24 ecem er let 9: i 1 : : alatlhte Itl 69:10 26 { Chau l,t 61:23 continue 1n14:e 8:18 19:24 21:12 24:14 62: 0 2 Dodge ixi 26:23 34:8 6 B 8 26 7 d i B aabYlMlall 1x168: ' aheap ixt 60:19 61:1 7:22 1723 26:10 28: : 12 83:19 88:7 7 84 6 17 d id ng lxei : ; 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Brown, Reporter Words appearing 60•plue times are deleted. IN REt CAFFREY AUTO BALER, INC., APPEAL NO. YboB • NOVEMBER 1, iNb •mmpployNe In 4U,~3 tt ` h11I lal 22 2q 411:17 66; 12;19 16 20 13;8 B Indloitid to end1o118:1717;08 __. r 1 1811017,10,2619:11 1436,11,20 21:1724:1A4TB,~2, lfewF'n349 (Iullyn164,B_ 60:48923_8 1D .•• 1789:4 ended m 83;14 rea9ny n l o:f: t a hat lm 3a B 18:19 26: f rune n l aa: t ~ urther lm 41:21 43:1 nesro let o:zu n:1 i 12:14,18 21:16 89:14 I molaennl ndlvldw 1 enforce 1x17:18 21:e 21 20;21 44:20 80:23 808,11 80:22 herrlno 1xs132,14 4: I i 7 9 20 ( 1 11 14 ndustry t d ill enlaraement to 6B:a hutuelly In 20:19 G : : , 14, 7 r e I n d I enq enn26:2 hir1x121:1133:4 _. __. 102,1811:11,1813: ne elal enhred m 9:1 B himos m 20:4 +1 B 1:20 80:2 rep p enlln m 19:14 hmlller m 82:2 22 8 8 19, 6:10 83 23 84:18,17, I ~pect n enthled1x111;14,1B hne13;2230:123D: perepnn18L2 18,21,2188:10 pe Ins ate entk~tyy m 30;12 1420 13 bh N 17 48:8 83:21 Faulkner m 60;20 0psw let 10:18 28:7 A2:11 43:21 60,6 held m 7:19 m 81:17 hel 48:1 49:8 lnepealk lxl ; e equ p 7 huff m 22:2 Oene m Bti23 helped m 38:18 48:7 a9:1 erode m 23;24 hva lxl 17:1,8 enerei IU1 9:8 12:21 herby m i 1:20 21,23 134;9 m B:1 13:4,7,8,10, 63;23 lsl 44,28 i 1el AB;4,8 ,17,26 63: ae n1 B:1B feeb m 2123 38:4 44:8 82:1484;11 ereln m 11:23 Inspector m 83:18 Ish lxt 4420,22 het m 20:13 88:23 88:17 87;26 Neu 1x17:17 1724 Inbrlor m 48,6 bhed nl 18:10 hmele m 49:12 penersily nl 9:26 hlah m 60:13 Interrupt m 83,24 I nl 27:1l hncs ul 20:13 penenbd nl 48:6 MIII let 3:3 9:13 23;9 Invutlpete u183:13 de 1~1 38;16,17 hw m 24:18 penllemen ul 18:8 34:9 66:12 Inwsllpeled m 42:3 26 flpun m 60:9 64:19 70:3 hire nt 19:19 Inwefipetlon m 83:14 pelle13;1812; Ilound1x124:1126: Qmldn166a3 hlstorlceltz1B211D: (nveetlpetorm48:12 B 20;7,1623;23 Ily m 21:23 el 11:13 12;16 36;2 62:11 81:1 89:2 ~p lzl 4:2 BB:18 tale m 31:14 Chino 1xl 6:2 7: B 26:13 A9:19, 12121:18 ul 6:4 17:20 I11n 1:3 36:8 47:8 18 ~TIDN ttol B 38:11 46:9 3 66:8 69:8 t9 lzl 20:1260: u 182:4 on m 10:16 m 8324 ~mleal ~d m 323 11st 6:2 8:13 lxol 28:23 27:1 20 31.12,16, 5 38:10,12,17 66;9 67;8,19 1 m 88:11 121 162 21:10 a nl 44;21 11x168:7,13 w 41:4 2160:18,23 tbn m 20;23 ve 1u 612 1x137:18 61: ~ m 6:10 m 26:23 r 1s1 12:9,12, 1st 42:12 1el 6:10 18:8 61;26 1084:10 86:26 88: 1;10 duel 4;24 6:18 10: IB 11:1818:2028: 36:13 38:16 37:18 16,18 80:7,8 ipnl4:1B m 67:14 malnp 1st 40:14,16 88:18 I m 12:7 Ism 3:13 22:2 24:12 26 28:1 27: BB:1 87: lxl 60:19 59:4 1 w BB:3 s 1m 18:16 40:22 '7 43:23 88:3 1 NT m 4126 or n l 81:2 low 1zl 4:22 18:16 bw•up u l 37:13 lowed 1u 84:8 bwlnn 1316:6 8:18 owe 1122:17 48: 64:24 81:18 Itepe 12169:17 60:6 rd n l 26:23 pe11z128:8 80:16 pot al 26:12 lh n l 80:21 Ipht nl 18:1 lnd 1x134:21,26 lnu 19:16 Inkly 1x14:1684:18 day n l 48:18 Inds lzl 40:23 62:9 lolous u 1 18:9 nt nxl 4:23,26 17: 18:11,1323:1826: 41:7,11 44:12 46:2 13,16 67:1863:12 13,16 pole ro 10:8 hidory m 8:22 olve Ixl 20:12 21:0 34: hold 1u 18;1884:18, 2 A0;19 60:16,26 81; 17,21 13 holdinpe nt 64:11 plwn 1:'1 12,24 13:28 HOLLAND 1~~13a,B, plwe n 1 34:14 10,1 B 6:11,16 8:17 plasm nl 2T4 10:16,21,26 18:18 17 pof nx14:7 6:18 11:13 1,A,7,12 22:19,23 23; 1 B:6 18:18 24;1 B 26: 1 28:9 31:14,1 B 32,2 11, i 7 28:8 27:24 44: 38:21 41.23 43116 44 1361:10 2A8:10,18,1964:17, dlalhered m 18: t 171 7:26 17:8 bd m 13:11 2B: 34:17 36:14 82: ling ul 11:20 se Io1 26:1,180: e Is146:20,26 60: ~9 889 88:8,13,22, 89:17,22,26 Mme 1x160:21 87:21 Inds m 60:20 meet nl 37:8 IpelullY Ixl 12:17 e 171 12:18 17:17 47:10,11,1262: and nl 20:14 House m 61:23 1u uu 621 12:1 Howwer nl 65:3 1040:11 49:21 69: hurln161:18 ---- --- - Inesnl42x0 - - nu 2321 Idea 1m 19:8 23:22 40 Is1z121:8,22 2061:11,14 ------I;,I------ _ 1•r•t•z•e-I•I n l 48:1 - _ B IdenBncallonutaaaE Identlrylnp nl 4:11 lonond m 20:3 n 148:6 I Ilepsl 1 x 120:1 24:17 Ipden lal 18:2,2 Illepelly lu 18:3 1 66:6,14 81:16 importsnt a 1821 dad u166:8 Impou Isl 12:9 62:3,4 dled ul 48:11 Improper m 12:1 pen nl 40:3 Improvements n124: paned let 4:6 8:24 23 0,21 18;16 38:6 Inc 1x132 27:14 29;1 7 64:2 3U:8 46:13,17 48:1 n nl 25:21 Inchn nl 29:12 ~bburq Is140:6 Inclementn181:2 0 48:16 Included 111 7:24 Izell lxxl 19:19 2B: Incorporated 1~130:2, 9;6,7 30:1 36:23 3,6,8 4 39:4 40:9 43: Incorporating w 80: 4 45:4,7 A8:12, 21 8,23 52:3,24 64:6 incresss 11141:1 832 Independent m 24:8 d 11142:14 Indlcste Ie166:17,20 121 1822 54:18 r 1n 43:2 r 11016:24 82,3,6,7184:7 87:17 PaUble M. Brown, Reporter Words eppsarinp 60-plus tlmee ere deleted. m 8:7 d 1s1 q6:4 48;3 went m 86:6 let 18:23 27;7,9 87:13 ~ 10l 3:16,22 B:B 1,13 12:4,22 21:2 loewd 141 3:6 7:17 46 11 80;12 Iswn lxt 10,3,4 Iseulnplzt 11;1221:3 Itellen 111 23:24 Item of 3:1 2623 60: 13 Items In 19:2 Jenuery 12124:2 46:24 John 1x181:14,17 Jr lsl 1121 22:18,21 dude m 23:24 Judge 1e16:1 7;17,19 1724 33:4 ludlcale 1e13:18,22 8: 5 12:10 13:8 BB;2 June 1x187:8,16 lusllfled m 20:10 ul 16:24 46:17 Ken 110129:2436:23 3724 39:4,26 40:9 4323,24 46:4,7 Kenneth 1e11 L'21 22: 18,21 48:14,18 Kenny 1x1 19:18,20 Kenny's n1 19;19 kept m A821 kind m 324 kinds 1x1 18:19 34:22 knowledge 1e140;8 68:1080:14,23 81:3 known 1x1 19:1,20 knows 1x1 18:14 41:11 L labor m 24:6 lend 11166:13 lanauaoe 1818.8 37;2 Pepe 3 Sheet 2 IN RE. CAFFREY AUTO BAL Et3, INC„ APPEAL NO , D6.O6 -NOVEMBER 1, 1 W6 X20 ~ 28,1242.24 8'7.1 80 Bi23 f2:b 1A 18,16, occ~don~Uy i+i 7i6 ol~~l~re m 82itA td i9 83:1 84:23,24 8B; 14,17 17:,8,1488; 10:13 3826 48;21 olMerwhe m 68;13 17 a;9, 20 17,18,zD,22 88:4,6,8, oocupency ul 24:7 out lxnl 421 8:9,2A 8; 2312: Me rely nt 89;17 l l 18 48:21 4 8:12 13:8,8 1B:q 18 2 8 ~ 0:6 17 1 me n e n nl 44:18 t 9 motor tut 0:9,16 10:6 t occur m 38:10 d 24:19 28,2 34: B: 8 40 42 4 4 7 1 0 2 3;22 enenae m :9 Ine n 11:22 48:4 B i: 18,22 lot 3;13 4,2 occurre : 8 : 1; 1 ~ F 2;11 D6: 11N11 171 11:10 26:18 87120,21 9: i 8 82:10 83:20 i 46:2 2 48: i,8 62: 2 0 46,1 menep•nr14826 8L mow 14128:8 31 a 1, gccu-e 1x139:1184:11 13,1 B 65:14 81:1,1 1388:0 1A 2A 67;8 BB;13 oflerln 21,18 82:14 he• nl 20:7 Menhelm 1x140:6 46; moved lot 26:10 31:1 ' oflhend nt 38:19 oublde m 48:4 rlot26.t439;9BB 1 n 14149;0 82:8 63:1 3 Nlly n16822 e m 24:11 yet 1x1 18;17,22 yr• m 22;4 read m 9;21 s u12x;23 6B:a n nt B;B lot 28:10 32:11 m 1728 el rem 19;23 20:24 8 D0:8 33:7,24 40: 8:1888:1989:1 ally 1:168;9,12 er 141 14:16,18 68: 6720 81:22 1nw u.12a:7 34: 4144:17 1x1 19;17 ~m61;20 u1 iT11,12,18 b 1x19;782:16 1130:18 a 1x11e:z1 1s:z 11np nt 88:16 m 69;13 BB;1 oRlCe tat 19:14 39,21 lot 9:8,12 24:4 MPC m 86:12 48:22 43:7,18,19 66; much lxt 60:12 61:1 officer 1713:4 8:10,26 I munlcipelitlee m 84: 7:6 11:23 66:6 81:16 m 36:11 20 oHlcar'e 1x1 31:19,26 nt 37:4 d 2822 26 must 141 44:9 20,22 48 d often nl 40;3 e 141 1 :22,22 49: 63:3,1 8 Okay w 13:22 36:2,9 6,1931:193 1:1 66:4 se:11 181;23824 __ ____ -' ~i oldnl26,22 rlel n16:20 _ _ __. _l9 _ _ once 1x1 82 44:23 rr 1+13;12,14 8.6 nerve nn 18:19 22:20, On! 14m 3:12 9:9,22 20 30:8 AB:17,17 49: 10:16,18 11:26 12:2 r-e 1x13:23 12;11 1,4 66:1,1 81:13 13:4,9 26; 22 28:13 rEE let 12:6,16, nature 1414:10,11 6; 32:8,14 311:13 38:16 1:24 41:21 80:10, 11 9:23,23 37:6,13 38:8 41:16 :B Ma4tee'e m 83:4 n• McMillen tat 64:21,23 1B 86:3,8 60:8,19 81:10, ne 12 48 mean to 111:9 38:8 37: ne 2142;22 n• mane 1x17:18 20:7 n• m•ent w 13:6 16:11 M 17:23 n148;'7 rota to 21:10,13 40:1 UI 4:7 60:10 8:22 u1 m tw;d t tbned1a12L18 r 32:8 60:8 85:26 r ury 1tt 602o r lxt 16:11 18:6 r ophone 1u 3:9 r !1.1x127:18 29:2 1 1t nx14:9 10:26 E 28:8,9,1232:13 f 4,1740:1 61:11 n 1x1321 48:6 3 taod m 28;17 ~ nt 18;2 n I m 62:7 n edn123;8 n Ion 1014:12 9:3, n 0838:2239;11, 1 ,20 3 1+120:22 21:6,26 8 1 t ro 40;26 ~k 14127:1829:8 30 47;23 68;16 ak•d Irv 8;738:8 40 49;18,21 63:10 akin Ia18:8 24;8 ;1 38:2 61:8 66:24 rt m 1 T22 ne124:3,16 26:9,2. ;7,8 39;2 46:3 47: 41:19 62:11 68;23 :283:10,11 12 yr lxl 60: i b,12 n1c 016020 M•6-M•bl•Fe•n 111661 nled• ne16:6 8:23 9: 1 B 12:8 18:2 27:2,13 Ilon m 60:7 nc 1d 1x1 12:11 16:24 nc 1e lu 27:9 41 durum ro 19:17 81 lute m 23;22 nc tteken m 32:14 86 mndentandinp m nc 20 nc lunderetood nr 89: nu 24 bile m 87:21 22 ney14118:10,13 nu 14 20 m 84:14 60:6,7,17 61:7,7 62: nnrlly 1x187:18, 13,17 63:26 64:10 68: 18 63,10 d la 12:23 22:6 ono m 61:26 61:21 62:1660:2 only un1921 18:23 ied n l 42:8 1 q:1 16 26:21 28;11, de nl 48:7 16 31:1 32:13 37:6 Ihbor 1x120;13,13 41:6,8 47:11 48:2G Ihbore m 26:19 62:7,13,18 63:6 Ir 1m 11:13 12,2 open 11147:14 1 62:10,20 op•nine 1x1 6:22 22: 141 6:8 14:24 6B: 12 5:17,20 opereb m 7:21,22 9: eetlt187:8 216:218;1841:10,13 n w BaaO .17,3:1 7:1436:23 op•rslino 141 30:21 311237:18 ea2a 6s:117o; l op•nuon 1,714:12 6: d let 43:8 47:14 11 19:11,23 21:7,12 0,22,23,26 30:17,20 31:2,9 37:20 nt 46:26 39:3 40:13,17 44:21 icklnp nl 21:21 61:19 82:6 ody m 41:11 operator lu 30:22 ody's nl 26:26 opinion no13:13 4:18 ~conforminp 141 8:23 20;8,17,18 21:18 1 18:1,6 21:8,7 26:8,7 89:10 ,12 82.:23,26 oppoHUnlty 1x1 A0:9 nt39:11 44:9 reel 141 6321 84:2, opppooeltlon nt 8:16 16:11 ordent416:15,i9T.tt? really lzt 84:12,24 9:18 11:3,13 18:10 ~Ino 14130:11 31:3 17:23 21:3 33:3,8 44; 1,21 61:7 62:16 19 53:4,1960:11 81: 6622 2163:4,14 se 14124:18 26;14 ordinanee 1x4, 9:8 13: 7 13 18:12 34:21 36:7,8 •ed It 183:11 68:4,18,19 69; 4,13 Iled rn 66:2 82:9,21 83:18,26 84: bar nu 42:12,15, 12 65:13,18,21 88:7, 3:9,11,20,2166; 13,2387:8,9,11 8:12 68:2,3 ordinary 1tt 89:10 ben tat 18:11 40: orlplnel 1x182: to ee: h m 1942 -- O --- he 1+124:8 3B;B ._ __ _...._ ^ 88;3 oath nl A0:10 141 19;13 40:3 objection 1+12!1:8 31 13 32:1 67:10 ly nl 7:4 Obvlouety 1x124:22 1n ne13a 1 6:22 83:12 16:20 20:14 21 i 60:3,20 tl 1; 20 n189:18 A713 64:1A nl 47.3 64;8 141 0,28 64:6 m 86:1 p^p• 11x1 as 11:19 2 1 14,26 29:20,26 30: 1 ~i,18 31 I 1 68;1 87:8 pepse lit 28:21 49:2 pe ni n148;6 pelnbd 1x138:13,18 paper m 39:18 pet»re tat 39:17,17 1a ork 14139:20 1,1z,1a,17,19, 1ph m 68:2 1x128:10 86: 38:7,9 43:8 14126:22 62: ppeerklnq 1x41 14:13,14, 20 16;18 29:17,22 38: 20 38:3,4,8 39:1 42:8, 24 43:2,4 66:17,20 68:9,12 68:3,4 59:13, 26 pert In 10:23 11:19 26:18 3D:10 68:1268: 6 80:16 particular w128:23 32:10 35:3 38:1684:8 67:18 ports 1x19:2 14;1,2 16 8,8 27:18 46:12 pees n149,26 peeved 14188:7 87:9, 11 pest 1419;19 60:3 63: 11 Patriot rn 84:19 p•ndino 1413:1 G 17;8 28:14 38:3,8 PennDOT 1x149:14,1 E Panneyivenle .+122: 26 24:6 34:1883:21 people 1414;19 18:6 19:14,14 23:23 26:3, 17 36:24.24 l tl per n 146:20 -' oripinelly tz18:23 88: percent 1x148:3,4 _ 17 rcentape 14146:21 other na 9:9,23 13:9 50:7,12 24:19 25:20 28:12 38: permbslon m 18:18 7 39:13 40:22 42:8 permit ltal 11:3,8,13 50:19 52:18 80:15 81: 13:26 15:4 18:21 26:7 9 62:4,17 2822 27:24 26:1,12 .~ t Pepe 4 Sheet 2 Patricia M. Brown, Reporter Worde sppeerinp a4plue tlmee era deleted .-., IN RE: CAPFRL*Y AUTO BALER, INC„ APPEAL NO, Yn•oe • NOVEMBER 1, 1YB8 - -- 9i~16tii381:2~182 13:1314:Bt'>Biltl;ao fr•~~dym3:7 6 Rrd x127:12 80:18 7b;1 ~ nquntrd ul 13:11 B __- - _ ~aond.dlnir:a ralktrl 1x1 3:8 88,21 ,18 erm Ia124:4 82,6 67:3,6 82: p-t:brbly 1xl 42:17 a3: rally nn 8,23 t0:lo 18 2B 2A A0:17 233 12:2 1286 nqulnd nu 18:17 28: 8 8 A424 48:8 68:12, B 1 7:18 rotlons m 16:18 erm 1e1 13,18 4:10 18:4,24 26:13 , ~: rl•mr21u1~2~11' 7 ~1B nr 1 18ar11oo 0 4:26 , 88:D~ 1 81:4 84:18 ! g A9 ~IB 227'26 31: 1x120:18 AB: 2:8 ~ n•pppplled n18:21 nqulnmrnt Ir1 18:18 w dun 1u1 18'24 n•bbly 1+1 A:2021 28.21:10 sr 60:1 a II 36:8 W m 26:4 I m 18:21 Ip 121 16;7 27:18 hunt w 22:24 1 n21 7;18 16:12 3,8 8,8,19 AO:A 18`S:B 11 Id m 6:10 H 121 8:12 38:7 nu 37:1,8,7 x1:1, 3:1 66:11,14,73 ulna u1402884: m 3:18 e Ie13:B 10 16: 1 28:7 X7:13 1r18:24 18:24 32:1883:12 88: Id 121462 82:14 n186:11 i 12146:8 48:14 1 u l 48:4 r1 n148:2 on 1+16:4 48:24 X1!13 w n 184:23 nelat ro 20:18 bly m 6826 d 1x18322 84:ti Ixl 86:17,20, 1 111 86;19 II 1,1 ar22 12121 trd Itl 12:7 flop 121 18:11 ludlce 121 18:26 Ilminrry 1x13:11, 12:8 mbrr un 9:16 11: 44:8,17 63:7,18,26 1882:11,1783:2 ~prnd n186:12 ~prru 1x167:13,14 Isrnt 1x13:8 x8:8 B luntrd 1x131:8 4B 81:26 lwntly 1xl 28:14 11 67:8 Isldrnt m 23:8 uumebly m 8:12 Wlrwsly 1x15:13 BC ~e:e mery m 9:10 mr a 1 48:7 or Ie16:18 10:18 l 83:21 84:2,4,8,8 11, 1188:10 noonr ordu-rs m 18:17 n ssonr w'rrdlnaa In1 A:1,22 n rsone 14 82:813:8 11 23 13 Igrdlnpe Iz186:23 W eill of larq 1n 6:8 8,1 0 lducr III 88:3 n celvrt Iduard I+I 28:22 28 :1 66: 18 31:18 37:1 n cenlly Ibulond m 66:12 n collea lfll 1+1 38:1060:8, rr comm lyd n1 10:2 Iracorr 1x1 A:10,16,22 24 13: 8:17 neon y real 8:26 8:2 1B 48: 3:10,1218:21 neon :3,4 86:1,A,6,8 24 10: rd 1x1 18:21 32:7,8 ~ppooNngg m 802 ~trctrdlll 18:8 xllc m 44:108323 18,17,18,20 88:18 'char n148:10 'rly 1u 21:22 porn ro 44:12 rposrr 12128:12,1 F 11a122:3 za:23,2a, 37:11 60:1880:13 1B lr 12120:13,13 III 20:23 nl 18:3 3:12 0:10 nl 36 B:3 23:20 rr 57:2 13:7 46:1 AB:B rerp n w 11:1 nrp dd{on Ixl 17:1 memm~p 121 t r 6 dltlon lxl 7:4 47'. 1 ditlonln nz19: 61a:B,z~ 1s:7 A7:23 A8:3 60: 23 67:4 dltlone 121 19:9, etllute m 68:8 etllullon w 824 J 1+122:19 48:1 E 8226 de n142:19,21 49:18,23 63:10 1088•E%AMIN V n144:3 SECT 12137:16 ulnmrntr 1+1 tBl 42:8 a4:e 88;6 ulru u1 a4:a 83: 86:12 Inl 3:18,22 8:6 12: 13:8 80:1 enah Ixl 3:21 12: 2 urvr lxl 6:26 B:A It m 82:10 1 td u14:3 8:18 e 1 tdlnp n16:14 1 Ur n1 BB:B 1 11ons lu 62:A,4, ~ 1,19:1 s 83:e,9 du180:11 p 1x131:6 3B; 3 62:6,6 nl 18:13 it m 48:3 ier 12148:6,8 m 84:22 ,I 16:26 332A sd 1m 3:3 9:13,13 B 34:8 66:12 Iphly m 61:6 e 1al 6:21,23,24 17: 4 31:18 ed u111:12 18:9,1: 1pm112 n164:10 ulna 1x14123 A8: nhrencs m 8:18 n1 16: roferrlna w 68:3 gqweifon I2o1 13:9 14: 23 33:4,6 36:21 38:3 40:8,11 41:22 43:17 46:22 48:9 61:13 63: 1280:1683:9 84:1,6 86:18 88:8 ~1 B 43:11o4n,~8 80:18 88 bba131:8 1 kly u1 17:17,18, r 1:14 1 m 33:17 r 112140:8 84:18 r le n1852o r Ire u18622 r n16:26 16,18 ippm6:8 -- S oCi w 68:3 d 1213:13 A3:18 eels nnl 8:26 11:21 dlree n1 16:17 14:22 16:6,20 26;za trr0onn18222 27:1738:6,11,17,19, sr m 23:?.1 1 D A0:4,7 83:12 dlons nl 44:18 ulrrmrn 1u 38:4 led u14:21 6:12 ubemen'r u14820 20:18 nmr i2m 3:20 620 B: on.hlp1zl23:a, 211o:a,1212'.1B,19, 20,21 16:17 18:2,13 wsw40:23 20:18,1821:1823:12 1 z 1 13:11,11 28:3 43:17 88:21 89: pp n120:10 ilae m 8:14 nbenn 22:3 Ird 1x1820,20 20: nmrmbrrlnp n183:6 pp• 1x14026 51:3 rendrr m 70:1 Nyn112:9 n Ir1,19:86121 1rr n130:20 88:18,22 Imrnded u187:12 nprin m 48:7 d 1e17:23 11:18 1B rrpleced 1110:7 7:4,20 28:24 31:7 reprreent 1114:4 19 npnwntetlw ro 3:8 Idlnp lu 8:8 13:18 nprrwnted nl 68:17 5 87:7 request ia13;4 8:24 It III itl2b durdey n147:14 IW u1321 61:10 lylnpp 1018:3,18 12:7, 14:8 31:7 38:1 B 86: 89:2 rys 12x1 11:19 t 6:4 3:330:2,1831:83?.: 3 33:18 37:19 682, 11,11 88:18,22 87: e,1o,20,22 Icond la1 17:19 27:1 1:18 32:8 63:12 Pstrklr M, Brown, Rrportrr Words epperrtnp 60-plur timrr err drlrtrd. •k nl 88,11 • Inp m 32:8 Iks m 32,18 Ims m 38,18 mm8;11 112m 23:28 24:10 B 8,10,1 B 34:6,12, 2~ 36:1,0 B 39;10 1B A4:B 411:18,24 11 63:16 Ilnpo lal 13:181x:7, 4:2 3, 16 30,22 33: 0:11! 1s 1x17:a 18:7 22 tt Iz187:1 84:{B antr m 46:17 xrretlon In 80:22 prntor 111 80,28 abmber I+1 B:B 46: +lolnp m 88:18 121 10:1284:17 1 w 45:18 rn m 48:18 rre1 121 2428 38:8 nr 121262 80:22 41 m 4:13 ~mpoo n148:a R w 61:8 1rr m 22:3 1p 1al 14:2 16:8 27: 18:8 87:21 1HIy m 10:7 N m 8:7 wtdn't m 20:24 tw 1+128:8 28:1 B owed III 4923 owing nl 2826 own 12138:11,21 owe 1+1 12:8 38:24 ' 1 88:3 !e 12137:9 68:1 n 1e134:8 3822 40: 4:16,22 48:6,8 62: 86:12 netun lal 27:8,7,8, 39:11 ~nrd w 29:8,11 67. 81:21 tlllrr nl 0621 nee ref 13x3 24:20 .:B 28:11 30111 31:2 '20 40: t0 44:13 47: 16 r 12e18:20 14:6,18 1:10 41:20 43:8 63: !64:13,16 67:18 6B: 69:6 81:13,24 82:7, !,19,24 83:3,7,18 i:3,14 88:14,16,20 1:16 88:7 tr lel 29:18 66; t 1,11 3:8 69:2,24 tflnp III 23:21 x 1x1 x1:7 a3:2a as: 12e13:19,20 6: Peer ti BhNt 3 IN RE: CAFFREY AUTO BAL EB, INC„ APPEAL NO , 06.06 • NOVEMBER 1, 1N8 I L'8,10 1 r ia1 T17 81:1- 3 4 dlrorlrr m 20:e lh 38:2 60:10 63:3 84:1 86 18 15 27:18 30,22 32:8, 12 34 18 36 1 37 23 7,21 : : ,8 rte 1x13 rory Ixl 2Q:15,21,21 : : : : 14 21:1 rb 1m 4:24 T 16 81: thrn r uxt 3:17 14:23 undartrndlnQ 1x1 18, 38:1 30:4,24 41:8 42: 43;14 16 89;1,!3,16 12 rtlll 1a 3:16 16:17 18:8 17:8 28:21 34:9 38:11 38:7 30:20 44: 22 28;18 undrrrtood ul 34,22 18,18 43;18,22 44:1 48:3,4 47:8,13 48;10 :16 BTIpE 1xe18:2,8,1721 22 69:2 80:26 89:22 BB:21 61:6,16 62:8,9 83:10 let 12:14 7:2,7,11 13,18,21 6:2, Ihrrrlon n1 18;6 ' unlortunelrly nt 26: 67:8 8:18 BB: 9,20 13:2,9,10,20,24 Ihry w m 21;11 26 wholrralr- ui 39:22 14:3,8,10,12,16,21 1hlyd ut 924 30:16,18 un n124:1240:19 t 1 42:12,13,16, t / 1 ,1922 n 2~:7 9 • huD2;17 • Bnp 1x137:23 63 : r r lot' m 20:6 2 let 22;3 • 14:6 6;8,17 63: r a how 1x136:12 • 4 one 1418:13 32: r 11 48;21 r 1k11r ro 10:7 2 Urrlrr 12161:1 r r 1x1 13:23 17:8 r tm68:B rd In 23:23 r u1 12:21 m 3:3 u168:2 r 1xn 16:1929; 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66:3 81:17 nuw Ial 17:17 ork iat 4:20 11:8 47: 48:6,8 82:18 orkr iat 18:2 47:7 rlttrn 1x14:7,8 89:10 ronply w 6;12 rotr iat 4:13,18 20:8 rrd m 20:14 re nt 84:14 rsr not t0:B 19:16 3;16 37:1 B 40:20,21 ?' 1l 46:20,24,24 60: 63:11 83:8 rrrrim 20:14 24:16 1:14,18 43;17 47:10 Blow m 49:2 wrsrlvrr 1tt 22:3 zonr nai 3:8 9;8,7,12 10:2,8 16:2,2 18:18, 19 19:4 25:13 42:3 85:7,8 zoning Ixal 3:4,14,23, 23 4:14 8:10,24 7:8 9: B 11:18,2312:11 13: 13,20 14:3,4 18:8 22: 4 24:9,11 31:19,26 34:21 36:3 55:4 69:12 81:14 82:8,fl,21 83:18 84:12 88:13 Patrble M. Brown, Rrporlrr Wordr rpprrrinp 60•plur timrr err drlrtrd. ~.. Adler & Claraval ATIARNEYSAI tAW p.t).Ilex 11911 I1M1 Iw'IHI 11 KI l l IIAKNISIIIIkc,, I'A I7101b 1'Itl LCrill5 L AI)t[k kS)af KI I'. CI AKAVAI Wltl IAM L, Apl f K CKAICi I. AI)I Lk IIIII'IIUNI 17171 1.11 17111) I AX (7171!164 r,7a KC>I IN ANq AI)I lk l I'M.bl'Idll KC)ItN, AI)I I K 6 Apl tk ll'IlAI•I'Ikl) D~wemher 21, 1995 'Ihe Honorable Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle, NA 17013 The Honorable Kevin A, Hess Cumberland County Courthouse Ono Courthouse Square Carlisle, PA 17013 Re: Caffrey Auto Supply, Mc„ et. xh v, Hampden Township, et. al. Denr Judge Bnyley w)d Judge Hess: On December G, 1995 argunent was held before you regarding a Land Use Appeal which I filed on behalf of Mr. Cntl'rey and Cnffrey Auto Supply, inc., captioned to No. 95-2796. At argument I mentioned to the Court that we were awaiting n decision from the Hnlnpden Township Zoning Hearing Board on a nearly identical matter which was n)y client's request for u Certificate of Use for the premises. On December G, 1995 the Zoning Hearing Board issued the Order denying my client's application for a Certificate of Use w)d on today's date I filed an appeal a)d a request for a stay. 1 have enclosed a copy of both of those documents for your review. 1 also filed n motion to consolidate the appeals and am requesting that the appeals be consolidated and d)nt your decision on the original matter be stayed pending the consolidation and pending your consideration of the n)ost recent appeal. If you would care to receive briefs and argument on the new appeal then 1 would be happy to move forward with that promptly, Thank you for your consideration, /'in ere! / _ ROBERT F. CLARA~ RFC:diw Enclosures cc: Richard Snelbnker, Esq. Kenneth F. Caffrey, Jr.