ZONING ORDINANCE
Fee Schedules
BOROUGH OF SCHUYLKILL HAVEN
SCHUYLKILL COUNTY, PENNSYLVANIA
February, 1998
Revised: September, 1998
Revised: December, 1998
Revised: November, 1999
DEVELOPED UNDER THE DIRECTION OF:
BOROUGH COUNCIL AND PLANNING COMMISSION
Gary Hess, Mayor
Marlin W Berger, President of Council
Carl F Berger, Vice President of Council
Jerry Bowman, Councilman
Roger Spotts, Councilman
Michael Devlin, Councilman
Dave Gerber, Councilman
Paul Bedway, Councilman & Chairman of Planning Commission
Christian Weiser, Junior Council
Kenneth "Pete" Reber, Planning Commission
David Hughes, Planning Commission
D. Edward Dress, Planning Commission
Pat Higgins,
Planning Commission
BOROUGH SECRETARY
Kathy Killian
BOROUGH ADMINISTRATOR
Scott Graver
CODE ENFORCEMENT/ZONING OFFICER
Michael Paulin
USING THIS ORDINANCE: AN OVERVIEW
The following describes the most efficient way to use this Zoning Ordinance.
The following are general descriptions, but are not part of the actual Zoning
Ordinance.
Start by using the following parts of the Zoning Ordinance:
• Turn to the Table of
Contents to find the pages and sections that apply to your particular
situation. You may wish to print the Table of Contents to highlight the
relevant sections.
• Consult the Zoning Map via the blue link marked "Zoning Map" at the top of
this page to determine the
zoning district your lot is in.
• Turn to Section 306,
the Table of Permitted Uses By Zoning District, which indicates the uses
permitted in each zoning district. A use is permitted in two ways:
a) by right, or• Turn to Section 307, the Table of Lot and Setback Requirements By Zoning District. This table states the required minimum area of each lot and the required minimum distance that buildings must be from streets and other lot lines in each zoning district.
b) by condition (the Borough Council must approve the use after review by the Planning Commission as described in Section 117).
• Regularly refer to the Definitions in Article II to determine the meaning of specific words.
If a lot is already being legally used for a particular purpose and that use is not permitted in the zoning district according to Section 306, that use is called a "Non-Conforming Use". In almost all cases, a lawful Non-Conforming Use can continue can expand within limits, can change to another use within limits or can be sold. See Article IX -"Non-Conformities."
Certain specific uses must comply with additional regulations. The"principal uses"(which are the primary use of a property) are listed in alphabetical order in Section 402 and the "accessory uses" (which are secondary uses, such as very small businesses in a home) are listed in alphabetical order in Section 403. For example, additional regulations are listed for sheds, garages and other structures typically found on a residential lot under "Residential Accessory Structures" in Section 403.
Turn to the following parts of the Zoning Ordinance if your lot may be flood-prone:
• If your lot is low-lying or near a creek or drainage channel, study the Floodplain Map in the Borough Hall. This map shows areas expected to flood in an average 100-year period (called the "100-Year Floodplain"). If a tract is within the 100-year Floodplain, the regulations of Article V need to be met. An applicant also should consult a professional to determine whether any Wetlands are present on the tract. If so, Federal and State wetland regulations must be complied with if the wetlands are to be altered or filled in any manner.
Turn to the following sections for regulations concerning parking, signs and buffer yards:
• Many uses must provide minimum numbers of off-street Parking spaces under Section 601 of this Zoning Ordinance. The parking standards are listed in a table.
• If Signs are proposed within public view, Article VII must be met. This article lists the types, heights and sizes of signs that are permitted.
• Certain uses are required to provide an open Buffer Yard with Evergreen Screening to buffer nearby homes and adjacent residentially zoned land from nuisances. See Section 803.
The following two major considerations should be kept in mind when using this Ordinance:
• An applicant may apply to the Borough Zoning Hearing Board for a Zoning Variance if they are not able to comply with a provision of this Zoning Ordinance. An application fee is required to compensate the Borough for legal advertisements and other costs. See Section III, which includes the standards that must be met under State law in order to be granted a variance. Generally, under the Pennsylvania Municipalities Planning Code, variances are not permitted unless an applicant proves a "Hardship".
• If one or more new lots will be created, or existing lot lines will be altered or one or more new principal non-residential buildings are proposed, then the requirements and approval procedures of the Borough's Subdivision and Land Development Ordinance will also apply. This is a separate ordinance available at the Borough Hall.
