NUISANCES generally
http://www.ecode360.com/9007277#9007277
NOISE
specifically
http://www.ecode360.com/9007246#9007246
106-1. Legislative declaration.
A.
(2)
The making, creation and maintenance of loud, unnecessary or
unusual noises which are prolonged, unusual or unnatural in
their time, place or use does affect and is a detriment to the
public health, comfort, convenience, safety, repose, welfare or
prosperity of the residents and persons within the township.
§ 106-3.
Prohibited acts.
A. It shall be
unlawful for any person to make, continue or cause to be made or
continued any loud, unnecessary or unusual noise which either
annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of others within the Township of
Abington limits.
D. No person shall
use, operate or permit to be played any radio receiving set,
musical instrument, television, phonograph, public-address
system or other machine or device for producing or reproducing
sound in such a manner as to disturb the peace, quiet and
comfort of neighboring inhabitants.
The operation of any such
instrument in such a manner as to be plainly audible at a
distance of 50 feet from the building, structure or vehicle in
which it is located is prohibited.
H. The erection,
including excavation, demolition, alteration, construction or
repair, of any building other than between the hours of
7:00 a.m. and
9:00 p.m.,
except for emergency work, as defined in § 106-2,
is prohibited. (For
Future reference )
A. It shall be the
duty of the Abington Health Department and the Abington Police
Department and members of those Departments to enforce the
provisions of this chapter….,
B. The measurement
of sound or noise shall be made with a
sound-level meter meeting
the standards prescribed by the American Standards Association.
The instrument shall be maintained in calibration and good
working order. …..Measurements shall be recorded so as to
provide a proper representation of the noise source. …..The
slow-meter response of the sound-level meter shall be made at
the property line of the property on which such noise is
generated or perceived as appropriate, five feet above the
ground. In case of an elevated or directional sound or noise
source, compliance is to be maintained at any elevation at the
boundary.
§ 106-5. Violations and penalties.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof by any District
Justice, be sentenced to pay a fine of not less than $10 nor
more than $300, together with the costs of prosecution….
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ZONING VARIANCES AND
EXCEPTIONS REQUESTED FROM :
1110 - J.
Expansion
of a
Nonconforming Use:
1. A
use that does not
conform to the use regulations of the district in which
it is located may not be
expanded by more than twenty-five percent
(25%) of the tota1
ground-floorsquare footage devoted to the non-conforming use
that existed on the date that such use first became
nonconforming. Such expansion shall be permitted only by
special exception, provided:
a. 'The proposed expansion shall take place only on
the lot containing the non-conformity or upon lots bordering the
lot containing the non-conformity , provided all such lots were
held in single and
separate ownership at the time the use became nonconforming.
b. The proposed expansion shall conform with the
dimensional requirements of the use to be expanded or the
requirements of the district in which the said expansion is
located, whichever is the more restrictive: as contained in this
Ordinance. Such requirements shall include but not be limited
to those pertaining to area, building height, parking, sign,
yard, and buffer yard.
_______________________________________________________________________
706 E
10. Use
E-10: Place of Worship:
A
tax-exempt institution That people
regularly attend to participate in or hold religious services,
meetings, and other activities related to religious ceremonies.
The term church shall include those buildings and structures in
which the religious services are held:
a. The minimum lot size for a
newly proposed place of worship, and related residential
facilities shall be five (5) acres.
b.
If the place of worship is located on
a
parcel or property in conjunction
with a school as defined in this article, the minimum lot size
shall be ten (10)
acres, and use conditions
associated with schools shall also apply.
c. For places of worship
located in residential zoning districts,
accessory uses which
occur with a frequency greater than once a month, may only be
permitted by special exception approval. Supporting residential
housing facilities is not an applicable accessory use.
Uses
included in this requirement are amusements, classes, counseling
services, dances, day care programs, fund raising events,
meetings and events open to the public a t large, plays,
tailgate sales, outreach programs and the like.
d. In
granting a
special exception for accessory
uses, the Zoning Hearing Board shall consider the impact
of the proposed activities on the ability of the site to sustain
it and the impact on the
surrounding neighborhood. Demand
on available parking,
scheduling and coordination of events, the hours of
operation, and special restrictions shall
bc
evaluated.
e. In order
to promote available parking within the Township, places of
worship may rent or lease parking spaces to other uses and
entities during days or times when church facilities or
other functions are not
in
operation. Such agreement must be
approved by the Township through the issuance of a use permit.
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ZONING DESIGNATION ISSUES
St Michael's property is 2 parcels zoned
differently --CS & R1
:
see this page
________________________________________________
FLOOD PLAIN ISSUES
The new building St Michael's dining hall will be area that
previously was designated
Flood Plain Conservation District
- click here to learn more about that code ,
_____________________________________________
OTHER
ORDINANCE ISSUES -
PLEASE CHECK &
LET ME KNOW if
relevant