COUNTY OF LYCOMING COMMONWEALTHE OF PENNSYLVANIA ORDINANCE NO. 2021-02 AN ORDINANCE  OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LYCOMING, COMMONWEALTH OF PENNSYLVANIA, AMENDING LYCOMING COUNTY ZONING ORDINANCE WITH THE LANGUAGE CONTAINED WITHIN ATTACHMENT A OF THIS DOCUMENT. PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES OR RESOLUTIONS INSOFAR. AS SAME SHALL BE INCONSISTENT HEREWITH; AND, PROVIDING WHEN THIS ORDINANCE  SHALL BECOME EFFECTIVE.  3  Ordinance 2021-02-Lycoming County Zoning Ordinance Amendments    WHEREAS, the Board of County Commissioners directed the County Planning and Community Development Director to process a text amendment package within  Lycoming County Zoning Ordinance; and  WHEREAS, the Lycoming County Planning Commission by public action at its regularly scheduled monthly meeting on April 15, 2021, recommended passage of the  amendments to d the Lycoming County Zoning Ordinance; and  WHEREAS, as required by the Pennsylvania Municipalities Planning Code, the Board of County Commissioners held a public hearing on the proposed amendment on  June 15, 2021; and  NOW, THEREFORE, be it enacted and ordained by the Commissioners of the  County of Lycoming, as follows:  SECTION 1:  The Lycoming County Zoning Ordinance is hereby amended as follows: (1). Section 3240H is amended to allow Shopping Center Uses across multiple tracts and to provide supplemental controls which will require agreements for access and  maintenance and require building code review and comment.  (2). Section 11400.F is added to allow extensions or enlargements of existing non-conforming municipal uses or structures to be approved by the Zoning Administrator  so long as they do not create any new non-conformity. common to but dividing contiguous buildings.  (3). Division 14300 is amended to define Common Party Walls as a wall  SECTION 2:  In any event that any provision, section, sentence, clause or part of this ordinance shall be held tol be invalid, such invalidity shall not affect ori impair any remaining provision, section, sentence, clause or part of this ordinance, it being the intent of the County that  such remainder shall be and shall remain in full force and effect.  SECTION 3:  All ordinances or parts of ordinances, insofar as the same shall be inconsistent  herewith, shall be and the same are expressly repealed.  SECTION4 4: day of June 2021.  This Ordinance shall be valid and effective for all purposes at noon on the  Ordinance 2021-02-Lycoming County Zoning Ordinance Amendments  2    Duly enacted by the Board of Commissioners of the County, of Lycoming, Commonwealth of Pennsylvania, in lawful session assembled this 'day of June  2021  COUNTY OF LYCOMING  ATTEST:  Chaliman  dig  P-A-2M4. Matthew McDermott, Chief Clerk:  Tony R. Mussare, Vice Chairman  Kchand Mnalato Richard Mirabito, Secretary  Ordinance 2021-02-Lycoming County Zoning Ordinance Amendments  3    Attachment A:  Updates to the Lycoming County Zoning Ordinance  3240H Shopping Center 1. Definition  As shopping center is defined as a combination of commercial retail: stores, offices, and establishments providing business and: services, end restaurants, entertainment, and: similar uses. These uses may be contained in a single building, FASeWPeFBUAnSSFAAP#RESGRE EFGGtwhich #ReSSPeSPOFARS- or in a group of buildings within the same tract, or muitiple tracts, with common party walls, covered canopies, or other structural members toj form one continuous structure. As such, the ownership group(s) may utilize shared parking and must have common arrangements) for maintenance oft the structure and associated grounds.  2. Supplemental Controls  Fori instances where there are multiple owners ofo a portion(s) ofas structure divided by common, party walls, minimum yard setbacks listed in the non-residential bulk standards listed in Section 4230 oft this ordinance shall not apply to these common areas: - otherwise those standards shall be applied inj their full force and effect. Ini addition, calculation of Impervious, Surfaces Percentages and Floor Area Percentages (Section 4210) under this subsection shall be based on the totals) for all parcels involved ini the proposed: Shopping b. Where. structures, facilities, or other infrastructure are jointly utilized by multiple ownership entities a recordable document(s) must be presented whichi includes, but not limited to the 1) Areciprocal easement agreement, for access, ingress, egress, and maintenance of 3) conditions or restrictions that addresses shared parking, access, landscaping and Where a party wall separates two distinct lots under: separate ownership or leaseholds or an existing building with a party wall is subject to a subdivision or land development where the party wall will become the boundary line between two distinct lots, ai zoning/development permit is required and shall be subject to building code review and comment to determine if the application will meet existing building code requirements or additional information and 1) The municipal building codes agency shall be provided up to 10 days to provide 2) Ind accordance with Section 10140 oft this Ordinance, the oning/development permit will not be considered complete until building codes has provided comment  Center use or division.  following matters:  the structuré; maintenance.  2) declaration of relevant covenants; and,  permitting needed to meet existing building code requirements. comment, regarding the zoning application. regarding the proposed zoning application.  Ordinance 2021-02-Lycoming County Zoning Ordinance Amendments  4    3) Approval of the zoning permit shall be conditioned on building code approval where determined neçessary by the municipal building codes agency and a certificate of occupancy may not bei issued until building code approval is provided to the Zoning  Administrator.  DIVISION 11400 EXTENSIONS ORI ENLARGEMENTS OF NON-CONFORMING USES AND: STRUCTURES A. Extensions or enlargements of non-conforming uses shall be permitted in accordance with the maximum permitted floor area percentage (FAP) and maximum impervious surface percentage (ISP) of the: zoning district in which the non-conforming use is located (refer to Division 42001 for 1. The non-conforming structure or use is not located within the floodway ofa 100-year 2. The expansion may be approved provided the additions or alterations extend not further into the required yard: setback thant the existing non-conforming structure. 3. In the case ofar non-conforming use, bei immediately adjacent to the existing non- Nothing in this Article shall be deemed to prevent an extension for the exclusive purpose of providing required off-street parking or loading spaces andi involving no structural alteration or D. Extensions or enlargements of less than two-thousand (2,000). square feet to an existing non- conforming use or structure may be authorized by the Zoning Administrator via a Extensions or enlargements of two-thousand (2,000). square feet or greater to an existing non- conforming use or structure must be approved by the Zoning Hearing Board prior to issuance of :. Notwithstanding the language of Subsections D and El hereinabove, extensions or enlargements ofane existing non-conforming municipal use or structure. may be authorized by the Zoning Administrator via a Zoning/Development Permit provided the proposed extension or enlargement does not create any new non-conformity, meaning that the request would  the FAP and ISP standards), provided that:  floodplain.  conforming use.  B.A Anon-conforming use shall not be extended to displace a conforming use.  enlargement of such structure. Zoning/Development Permit. Zoning/Development Permit.  otherwise comply will allr requirements of this Ordinance.  Add the following to Division 14300, Definitions:  Common Party Walls: A wall common to but dividing contiguous buildings; such a wall may, or may not contain openings ande extends from its footing below the finished ground grade to the heightofthe  exterior: surface of the roof.  Ordinance 2021-02-Lycoming County Zoning Ordinance Amendments  5