Borough of Shippensburg, PA Article XIV Conditional Use Regulations

§ 150-90 Adherence to standards.

In addition to the general standards for all conditional uses as contained in Articles III through VIII, the specific standards for the particular uses allowed by conditional use are set forth in this article. These standards must be met prior to the granting by the Borough Council of a conditional use.

§ 150-91 Requests for approval; public hearing; prior review by Planning Commission.

Where the Council of the Borough of Shippensburg in the Zoning Chapter has established a use as a conditional use in a zoning district, such use shall be permitted after a public hearing before the Borough Council. In approving a request for a conditional use, the Borough Council shall attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it shall deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code, the Subdivision and Land Development Chapter of the Borough of Shippensburg and the Zoning Chapter. Requests for conditional use approvals shall be reviewed by the Borough Planning Commission prior to public hearing by the Borough Council.

§ 150-92 Filing of conditional use application; required information.

For any use permitted by conditional use, a conditional use must be obtained from the Borough Council. In addition to the information required on the zoning permit application, the conditional use application shall include:

A. Ground floor plans and elevations for proposed structures;

B. Names and addresses of adjoining property owners, including properties directly across a public right-of-way;

C. A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and

D. A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.

§ 150-93 General criteria.

Each applicant shall demonstrate compliance with the following:

A. The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance;

B. The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties;

C. The proposed use will not effect a change in the character of the subject property's neighborhood;

D. Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water, and other utilities, vehicular access, etc.);

E. For development within the floodplain zone, that the application complies with those requirements listed in Article IX of this chapter;

F. The proposed use shall comply with those criteria specifically listed in Article XV of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter; and

G. The proposed use will not substantially impair the integrity of the Borough's Comprehensive Plan.

§ 150-94 More restrictive conditions; noncompliance.

The Borough Council, in approving conditional use applications, may attach conditions considered necessary to protect the public health, safety, and welfare and the purposes listed above, including conditions which may be more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer. Failure to comply with such conditions shall constitute a violation of this chapter, and the violator shall be subject to the penalties described in this article.

§ 150-95 Site plan approval.

Any site plan presented in support of the conditional use pursuant to § 150-130 shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.

§ 150-96 Hearing procedures; application fee.

A. Before taking action upon a conditional use application, the Borough Council shall hold a public hearing thereon, pursuant to public notice. The public hearing may be held as part of a regularly scheduled or special meeting of the Borough where other Council business may be conducted. However, in such event, the public hearing shall be advertised separately, shall be placed as a separate agenda item at such meeting, and shall commence at the time advertised for such hearing to take place. The Borough Council shall submit each such application to the Borough Planning Commission at least 30 days prior to the hearing on such application to provide the Borough Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an application, the proposed application is revised, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application.

B. Public notice, as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Borough Council shall designate by ordinance, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, at the discretion of the Borough Council. In addition to the written notice provided herein, written notice of said hearing and shall be conspicuously posted on the affected tract of land at least one week prior to the hearing and shall be posted at a conspicuous place at the Borough office.

C. The Borough Council may prescribe, by resolution which may be amended as determined necessary from time to time, reasonable fees with respect to hearings (application fee). The application fee shall be paid at the time of filing of the application. The application fee with respect to said hearings may include compensation for the secretary, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural, or other technical consultants, or expert witness costs.

D. The parties to the hearing shall be the Borough, the applicant, and any person affected by the application who has made timely appearance of record before the Borough Council, and any other person, including civic or community organizations permitted to appear by the Borough Council. The Borough Council shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Borough Council for that purpose prior to the hearing.

E. The President or Acting President of the Borough Council shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

F. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

G. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

H. The Borough Council may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Borough Council. The cost of the original transcript shall be paid by the Borough Council, if the transcript is ordered by the Borough Council, or shall be paid by the person appealing the decision of the Borough Council if such appeal is made, and, in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

I. The Borough Council shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from its solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

§ 150-97 Time limitations.

A. If a conditional use is granted, the necessary permit shall be secured and the authorized action begun within two years after the date when the conditional use is finally granted, and the building or alteration, as the case may be, shall be completed within three years of said date. For good cause, the Borough Council may at any time, upon application in writing, extend either of these deadlines.

B. Should the appellant or applicant fail to obtain the necessary permits within said two-year period, or having obtained the permit should he fail to commence work thereunder within such two-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his application, and all approvals and permits granted to him shall be deemed automatically rescinded by the Borough Council.

C. Should the appellant commence construction or alteration within said two-year period, but should he fail to complete such construction or alteration within said three-year period, the Borough Council may, upon 10 days' notice in writing, rescind or revoke the granted conditional use, if the Borough Council finds that no good cause appears for the failure to complete within such three-year period, and if Borough Council further finds that conditions have altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified.

§ 150-98 Expiration of conditional use.

A conditional use granted by the Borough Council shall expire if the proposed use or structure contemplated by said conditional use has not been completed within 3 years following the date of approval.

§ 150-99 Appeals to court.

Any person or persons aggrieved by any decision of Borough Council or any taxpayer or any officer of the Borough may, within 30 days after such decision of the Council, appeal to the Court of Common Pleas of the county by petition, duly verified, setting forth that such decision is arbitrary, capricious and an abuse of discretion or otherwise not in accordance with law and specifying the grounds upon which he or she relies.

§ 150-100 Adult-oriented facility.

In the M-2 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. No more than 5% of the lot may be covered by buildings or accessory uses.

B. A buffer strip shall be provided which shall be not less than 100 feet in width encompassing the entire perimeter of the lot, which buffer strip shall be planted with evergreen, shrubs or other screening vegetation, provided that, on the side of such lot fronting on the street, the buffer strip shall be not closer than 50 feet to the street.

C. A single, unlighted sign, not more than 20 square feet in size, shall be provided and shall face the street, set back not less than 50 feet from the right-of-way line of the street. The sign message shall be limited to verbal descriptions of material and services available on the premises and sign messages shall not include any graphic or pictorial description of material or services available on the premises.

D. Parking shall be provided for not less than one motor vehicle per 200 square feet of building area.

E. Notwithstanding anything to the contrary herein, none of the foregoing businesses shall be permitted:

(1) Within 500 feet of any residentially zoned district.

(2) Within 1,000 feet of any of the following uses:

(a) Churches, monasteries, chapels, synagogues, convents, rectories and religious article or religious apparel stores.

(b) Schools, public or private, and the adjacent play areas or related spaces.

(c) Public playgrounds, swimming pools, picnic areas, parks, libraries and conservation or natural areas.

(3) For the purposes of this section, spacing distances shall be measured from the outward boundary line of all residential zoning districts or from all property lines of any use in Subsection E(2), above.

F. No building shall be erected which shall be higher than 20 feet when measured from the ground level at the lowest point to the highest point on said building.

§ 150-101 Agricultural operation.

In the O-S Zone, and subject to the requirements of that zone except as herein modified and provided:

A. All agricultural operations shall provide a setback of at least 150 feet that encompasses the entire perimeter of the lot.

B. A buffer strip shall be planted with evergreen, shrubs or other screening vegetation measuring 30 feet in width and designed in accordance with the Shippensburg Borough Subdivision and Land Development Ordinance § 137-32. This buffer strip must be set back at least 25 feet from any roadway.

C. Prior to approval, a hydrologic study shall be completed which must show that the proposed use will not have an adverse impact to the region's water supply.

D. Groundwater monitoring wells, manure lagoon covers and operating plans, including a closure plan, a mortality disposal plan, a dust control plan, and a contingency plan to provide a preplanned response for potential breaches of the manure lagoons or leakage from the manure lagoons, are required to insure the proposed land development will cause minimal pollution of the air, water, or environs. The developer must provide alternative manure lagoon covers and remedies for odor control for consideration by the Borough.

E. All manure lagoons shall be constructed with an impermeable liner and fenced around the perimeter with at least a six-foot-high substantial fence and gates. All lagoon construction plans will be approved by the Borough Engineer.

§ 150-102 Cemetery.

In the R-4, M-1 and M-2 Zones, and subject to the requirements of those zones, except as herein modified and provided:

A. All burial plots or facilities shall be located at least 100 feet from all property or street lines.

B. Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.

C. No burial plots or facilities are permitted in flood hazard areas.

D. Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.

E. Pet cemeteries must meet all of the above applicable requirements.

§ 150-103 Commercial communications antenna.

In the M-1 and M-2 Zones, and subject to the requirements of those zones, except as herein modified and provided:

A. The applicant must show that every effort was taken to locate on an existing structure or site.

B. The applicant must present information about why the tower must be the proposed height.

C. The applicant must demonstrate that the proposed antenna and tower are safe and that the surrounding area will not be affected by antenna or tower failure or falling ice.

D. All towers must be fitted with an anti-climbing device.

E. A fence of no less than six feet in height shall be required around the tower and guy wire anchors (if applicable).

F. Landscaping shall screen all fences.

G. Off-street parking is not required unless on-site personnel are required to operate or maintain the site.

H. Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

I. In order to reduce the number of communications towers in the community, a proposed communications tower shall be required to be constructed in a manner sufficient to accommodate at least three users in addition to the applicant, including other personal wireless service companies and local police, fire and ambulance companies.

J. The height of the tower will be determined by allowing a height of 10 feet for each available collocation space offered for the same or other personal wireless service companies, up to a maximum height of 100 feet.

K. The owner of the land and tower operator will not prohibit collocation by other personal wireless service companies.

L. Towers will not be considered as a separate principal use for purposes of the dimensional requirements of the Zoning Ordinance. However, the minimum distance between the base of the tower and any adjoining property line shall be the height of the tower plus 15 feet.

M. No advertising or attached signs shall be permitted.

N. Applicants must use camouflaging techniques to the maximum extent feasible.

O. A written agreement must be provided which specifies that the tower or antenna will be removed within 90 days after cessation of use.

P. No lights are permitted unless required by the FAA (Federal Aviation Administration).

§ 150-104 Condominium.

In the R-4 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. Front yard must be 35 feet in depth.

B. For every building of a condominium development, two side yards of not less than 35 feet shall be provided.

C. One rear yard not less than 50 feet shall be provided.

D. No building shall exceed a height of more than 35 feet.

E. Two parking spaces per condominium unit shall be provided.

F. Screening shall be in accordance with the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 137, Subdivision and Land Development.

§ 150-105 Convenience store.

In the C-1 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. Buildings must be set back at least 40 feet from the street right-of-way line.

B. Gasoline and/or kerosene pumps must be set back at least 15 feet from the street right-of-way line.

C. Access drives must be located as follows:

(1) Minimum offset from intersection of street right-of-way lines is 40 feet.

(2) Side lot line offset is 10 feet.

(3) Minimum width is 12 feet.

(4) Maximum width is 35 feet.

(5) Minimum separation of drives on same lot is 25 feet.

D. Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.

E. All lights must be diverted toward the service station or downward on the lot.

F. At least 10% of the lot on which the facility is situated must be devoted to natural landscaping.

§ 150-106 Craftsman's shop.

In the R-2, R-3, R-4, C-1, N-C, M-1 and M-2 Zones, and subject to the requirements of those zones, except as herein modified and provided:

A. The shop shall be located at the rear side of a lot with frontage onto a public alley, if such alley exists (e.g., Apple Avenue), with distances to the main buildings on the lot and to the adjoining property lines and setback distance from the alley conforming with the provisions of the R-4 Zone.

B. Employment in such shop shall not exceed two persons: the owner and one additional person.

C. Equipment, supplies and machinery shall not be stored outdoors on the lot or on any ordained street in connection with the activities in such shops.

D. The equipment setup in such shops shall comply with the NBFU Safety Standards as applied in fire insurance and state fire inspections.

§ 150-107 Day-care center.

[Amended 2-4-2020 by Ord. No. 944, approved 2-4-2020]

In the R-2, R-3, R-4, C-1, M-1, and M-2 Zones, and subject to the requirements of those zones, except as herein modified and provided.

A. All day-care centers shall be registered with the Pennsylvania Department of Public Welfare.

B. Outdoor play areas for children shall be sufficiently enclosed to provide for the health and safety of the children as determined by the Borough Council or Borough Engineer.

C. In addition to the required parking for the dwelling unit, at least two spaces must be provided for the day-care center.

§ 150-108 Expansion of existing businesses.

In the O-S Zone, and subject to the requirements of that zone except as herein modified and provided:

A. The reasonable expansion of existing businesses in the adjacent Light Manufacturing (M-1) District shall be permitted as a conditional use in the Open Space District in order to provide flexibility in encouraging present existing businesses to expand their facilities. Such expansion shall be required to meet all the applicable provisions of this chapter, including the special design criteria set forth in § 150-23 relating to light manufacturing and the applicable requirements as set forth in § 150-131.

B. Expansions of existing businesses in the adjacent Light Manufacturing (M-1) District into the adjacent Open Space District shall not cause an adverse effect on the health, safety, or welfare as well as the surrounding environment, including but not limited to adverse impacts on the quality of water from Dykeman Spring (a past and potential future potable water source for the Borough of Shippensburg and surrounding communities). The applicant shall adequately demonstrate to the satisfaction of Borough Council at the time of the application of conditional use that such proposed use and/or expansion shall not cause the adverse effects and/or impacts as set forth in Article XV.

§ 150-109 Fitness and health center.

[Amended 2-4-2020 by Ord. No. 944, approved 2-4-2020]

In the R-2, R-3, R-4, C-1, M-1, and M-2 Zones, and subject to the requirements of those zones except as herein modified and provided.

A. Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses.

B. All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, and 25 feet from all other lot lines, and 100 feet from any residentially zoned and/or used property.

C. Any accessory eating or retail use shall not be directly accessible without passing through the main entrance.

D. The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets.

§ 150-109.1 Massage therapist business.

[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010; amended 2-4-2020 by Ord. No. 944, approved 2-4-2020]

In the C Zone, and subject to the requirements of that zone except as herein modified and provided.

A. A massage therapist business shall not operate between the hours of 10:00 p.m. and 6:00 a.m.

B. A massage therapist business must at all times display a valid certification from the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB).

C. Massages shall be administered in an area of the building which is not visible to the general public from the public right-of-way.

§ 150-109.2 Tattoo Parlor.

[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]

In the C-1 Zone, and subject to the requirements of those zones except as herein modified and provided:

A. The room in which tattooing is done shall have an area of not less than 100 square feet. The walls and floors shall have an impervious, smooth, washable surface and shall be painted or finished in a light color. Carpeting is prohibited in tattooing area(s) and toilet room(s).

B. A toilet shall be located in the establishment and shall be accessible at all times the tattooing establishment is open for business. The lavatories shall be supplied with hot and cold running water, soap and single-use towels provided in approved dispensers, and shall be located in all toilet rooms and in each room where tattooing is performed.

C. All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a color which is generally available from tattoo equipment manufacturers, with a smooth, washable finish and shall be separated from waiting customers or the general public by a panel at least four feet high.

D. The entire premises and equipment shall be maintained in a clean sanitary condition and in good repair.

§ 150-110 Group housing.

In the R-3 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. The house may contain no more than 10 residents per 2,500 square feet.

B. No group housing shall be constructed without adequate infrastructure and utilities. The Borough Engineer shall make this determination.

§ 150-111 Home occupation.

In the R-2, R-3, R-4, M-1 and M-2 Zones, and subject to the requirements of those zones except as herein modified and provided:

A. The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes.

B. No more than two persons, at least one of whom shall be a resident of the dwelling, may be engaged in the home occupation use.

C. No more than one home occupation may be located in any dwelling unit.

D. The home occupation shall not alter the appearance of the building as a dwelling unit.

E. No mechanical equipment shall be employed in a home occupation, other than that customarily used for hobby or domestic purposes.

F. No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise that are produced on the premises.

G. No manufacturing shall occur on the premises other than the products of customary hobbies and fabrication of garments by a seamstress.

H. No goods shall be displayed so as to be visible from the exterior of the premises.

I. Home occupations shall be limited to not more than 25% of the floor area of the dwelling unit.

J. No accessory building or structure shall be used as a home occupation.

K. In addition to the required parking spaces for the dwelling unit, one parking space per nonresident employee, plus one parking space per potential patron on site at one time, shall be provided.

L. Only one sign advertising a home occupation shall be permitted. Such sign shall not be illuminated and shall be limited to two square feet in display area, including all sides of the sign.

§ 150-112 Hospital.

In the R-2, R-3, R-4, C-1, N-C, M-1 and M-2 Zones, and subject to the requirements of those zones except as herein modified and provided:

A. Minimum lot area is five acres.

B. Public sewer and public water utilities shall be used.

C. The subject property shall have frontage along an arterial or collector street.

D. Maximum permitted height: 75 feet, provided that each building and/or structure shall be set back a horizontal distance from each property line at least equal to its height. For buildings exceeding 35 feet, the applicant shall be required to submit expert evidence that sufficient safeguards regarding fire protection and rescue area are in place.

E. Emergency entrances shall be located on a building wall facing away from adjoining residentially zoned and/or used properties.

F. The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous wastes.

§ 150-113 Hotel.

In the C-1 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.

B. All structures shall be set back at least 20 feet from side property lines.

C. Where the use abuts a residential use or zone, buffers and screens shall be provided in accordance with the Shippensburg Borough Subdivision and Land Development Ordinance § 137-32.

§ 150-114 Motor vehicle parking lot.

In the R-2, R-3, R-4, C-1, N-C, M-1, M-2 and I-1 Zones, and subject to the requirements of those zones except as herein modified and provided, motor vehicle parking lots in conjunction with a business, industry or other public function, including churches, must comply with the following special requirements in addition to those set forth for the zone in which the parking lot is proposed:

A. No portions of such lot shall be located more than 300 feet from a commercial or manufacturing district boundary or other public function that it serves.

B. A planting strip not less than five feet in width shall be provided between the parking area and the pedestrian sidewalk adjacent to any public or private street.

C. Exit and entrance points shall be approved in advance by the Borough Engineer to ensure adequate traffic safety.

D. No such parking lot shall be used for the storage of inoperable vehicles or for vehicles used for human or other habitation.

[Amended 10-18-2011 by Ord. No. 872, approved 10-18-2011]

E. Lot size.

(1) Parking lots allowed as a conditional use shall be limited to the following sizes:

(a) Any residential or institutional zone: 0.33 acre.

(b) Any commercial or neighborhood commercial zone: 0.5 acre.

(c) Any manufacturing zone: 2 acres.

(2) The area delineated as a parking lot need not include areas required for loading and unloading of goods related to the business seeking the conditional use permit. However, the maximum size limits do apply to total parking lot area when permission to expand existing parking lots is requested.

§ 150-115 Motor vehicle sales and service.

In the C-1 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. Access shall be via an arterial or collector street as identified in the Borough's Comprehensive Plan.

§ 150-116 Multiple-family dwelling more than six units.

In the R-3, R-4, C-1 and N-C Zones, and subject to the requirements of those zones except as herein modified and provided:

A. The total lot shall be not less than one acre and shall be suitable for the proposed use.

B. The lot area per building shall be not less than 3/4 acre.

C. The lot area per dwelling unit shall be not less than 5,000 square feet.

D. Not more than 50% of the lot area shall be occupied by structures.

E. No side yard shall be less than 25 feet in width.

F. No front yard shall be less than 35 feet in depth.

§ 150-117 Municipal building and facility.

In the R-4, C-1, M-1 and M-2 Zones, and subject to the requirements of those zones except as herein modified and provided:

A. All buildings and facilities shall be set back at least 15 feet from any property line and 35 feet from a street right-of-way line.

B. All off-street parking shall be at least 10 feet from adjoining property lines.

C. Outdoor storage of vehicles and related equipment shall be prohibited.

D. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated in the Borough's Comprehensive Plan.

§ 150-117.1 Emergency services station.

[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010; amended 2-4-2020 by Ord. No. 944, approved 2-4-2020]

In the C-1, M-1, and M-2 Zones, and subject to the requirements of those zones except as herein modified and provided.

A. All buildings and facilities shall be set back at least 15 feet from any property line and 35 feet from a street right-of-way line.

B. All off-street parking shall be at least 10 feet from adjoining property lines.

C. Outdoor storage of vehicles and related equipment shall be prohibited.

D. Access should be via an arterial or collector street as designated in the Borough’s Comprehensive Plan.

§ 150-118 Nursing home or convalescent home.

In the R-3 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. The use shall provide a minimum of 15% of the site suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian or wheelchair pathways.

B. There shall be a minimum of 500 square feet of total lot area per resident.

C. Principal and accessory uses shall be set back a minimum of 40 feet from the lot line of an existing dwelling.

§ 150-119 Offices.

In the O-S Zone, and subject to the requirements of that zone except as herein modified and provided:

A. Offices shall also be permitted as a conditional use in the Open Space District in order to provide flexibility in encouraging the development of offices which are consistent with the established goals of the Open Space District. Such office use shall be required to meet all applicable provisions of this chapter, including the applicable special design criteria set forth in § 150-23 relating to Light Manufacturing (M-1), including the applicable requirements set forth in § 150-131.

B. Offices as a conditional use in the Open Space District shall not cause an adverse effect on the health, safety, or welfare as well as the surrounding environment, including but not limited to adverse impacts on the quality of water from Dykeman Spring (a past and potential future potable water source for the Borough of Shippensburg and surrounding communities). The applicant shall adequately demonstrate to the satisfaction of Borough Council at the time of the application for conditional use that such proposed use and/or expansion shall not cause the adverse effects and/or impacts as set forth above.

§ 150-120 (Reserved) [1]

[1] Editor’s Note: Former § 150-120, Outdoor dining areas, was repealed 6-4-2019 by Ord. No. 934, approved 6-4-2019.

§ 150-121 Open space conservation development.

See Article XV.

§ 150-122 Place of worship.

In the R-2, R-3, R-4, C-1, M-1 and M-2 Zones, and subject to the requirements of those zones except as herein modified and provided:

A. Side setback. Minimum side setbacks of 15 feet on both sides shall be provided.

B. A buffer strip shall be provided which shall be not less than 10 feet in width encompassing the entire perimeter of the lot, which buffer strip shall be planted with evergreen, shrubs or other screening vegetation, provided that, on the side of such lot fronting on the street, the buffer strip shall be not closer than 10 feet to the street.

C. Access shall be via a collector or arterial street as designated by the Borough's Comprehensive Plan.

D. Any associated residential use shall either be located on a separate lot or be positioned so that the lot on which it and the place of worship are located could subsequently be subdivided, separating each use yet meeting all applicable dimensional requirements of the zone in which located. The residential use shall be subject to all applicable regulations of this chapter.

E. Any associated educational or day-care uses shall be accessory and located on the same lot as the place of worship.

§ 150-123 Planned mixed-use business park.

In the M-1 and M-2 Zones, and subject to the requirements of those zones except as herein modified and provided:

A. Two primary access points shall be provided via an arterial or collector street as identified in the Borough's Comprehensive Plan.

B. A minimum of 10 acres is required for designation as a planned mixed use business park.

C. Buffering and screening shall be provided in accordance with the Shippensburg Borough Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 137, Subdivision and Land Development.

D. Each lot shall have a front yard setback of 50 feet.

§ 150-124 Public or private school.

In the R-2, R-3, R-4, C-1, M-1 and M-2 Zones, and subject to the requirements of those zones except as herein modified and provided:

A. All height, area, setback, and coverage standards within the underlying zone shall apply.

B. All off-street parking lots shall be set back 25 feet and screened from adjoining property lines.

C. All buildings shall be set back at least 100 feet from any adjoining land within a residential zone or use.

D. If education is offered below the college level, an outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. [Note: enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.] Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a fence with a minimum height of six feet, and screened from adjoining residentially zoned or used properties. Any vegetative materials located within the outdoor play area shall be of a nonharmful type (poisonous, thorny, allergenic, etc., prohibited). All outdoor play areas must provide a means of shade such as shade tree(s) or pavilion(s).

E. Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

§ 150-125 Rental storage units.

In the M-2 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. All rental storage units shall be located at least 50 feet from all property or street lines.

B. A buffer strip shall be provided which shall be not less than 25 feet in width encompassing the entire perimeter of the lot, which buffer strip shall be planted with evergreen, shrubs or other screening vegetation, provided that, on the side of such lot fronting on the street, the buffer strip shall be not closer than 20 feet to the street.

C. Materials stored shall not include hazardous, odorous or other harmful materials that may create harmful situations for other rental units or adjacent properties.

§ 150-126 Retirement village.

In the R-3 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. The use shall provide a minimum of 15% of the site suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian or wheelchair pathways.

B. There shall be a minimum of 500 square feet of total lot area per resident.

C. Principal and accessory uses shall be set back a minimum of 40 feet from the lot line of an existing dwelling.

§ 150-127 Truck terminal and/or warehouse.

In the M-2 Zone, and subject to the requirements of that zone except as herein modified and provided:

A. Access shall be via an arterial or collector street as designated by the Borough's Comprehensive Plan.

B. Setback requirements for a truck terminal shall be set at the following distances in addition to any buffer zones required by this chapter:

(1) Front: 50 feet.

(2) Side: 50 feet.

(3) Rear: 50 feet.

§ 150-128 Utility services.

In the M-1 and M-2 Zones and subject to the requirements of those zones except as herein modified and provided:

A. The storage of vehicles or equipment used in the maintenance of a utility shall not be permitted.

B. No equipment causing unreasonable noise, vibration, smoke, odor or hazardous effect shall be installed.

C. The external design of the building (to the extent possible) shall be in conformity with the buildings in the surrounding area.

D. There shall be no specific minimum lot size or lot width; however, each lot shall provide front, side and rear yard setbacks in accordance with the zone in which located.