A.
Attached structures. Any accessory structure, attached to a principal
structure, is considered a part of the principal structure for all
regulatory purposes.
B.
Nonattached structures. Any accessory structure, standing apart from
a principal structure, is permitted between the front wall of the
principal structure and the side or rear setback line.
(1)
Utility sheds may be located within a required side or rear
setback area but shall not be located closer than three feet to a
side or rear property line.
(2)
No apartment(s) or living quarters shall be located in any accessory
structure.
(3)
Farm produce stands may be placed in a front yard area but shall
not be placed within a street right-of-way. When located in a Residential
District, such stands must be removed when products are no longer
on sale.
(4)
Other than listed above, for all other requirements, a nonattached
structure is considered the same as a principal structure.
C.
Fences and walls. No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) shall be erected to a height of more than four feet in a front yard area and more than six feet in any side or rear yard area in a residential district or upon any lot used for residential purposes in any other zoning district. In commercial and industrial districts, a fence may be constructed up to eight feet in height in any yard area, but no higher. The above fencing height restrictions apply universally, except as modified by Article VI of this chapter.
[Amended 10-13-1998 by Ord. No. 1998-10; 3-14-2011 by Ord. No. 2011-1; 12-9-2019 by Ord. No. 2019-5]
E.
Wind
and solar energy systems.
[Added 3-14-2011 by Ord.
No. 2011-1]
(1)
All
permitted and special exception uses shall be permitted one wind energy
system in addition to the permitted number of solar collectors or
panels.
(2)
All
accessory wind or solar energy systems shall be designed for private
(not commercial) use.
(3)
Wind-generated
energy systems (including windmills).
(a)
No wind-generated energy system shall be located on a parcel of less
than 40,000 square feet.
(b)
No windmill for private use shall operate at more than 10 kwh.
(c)
No windmill for private use shall be greater than 50 feet in height.
(d)
Windmills shall be designed so that any vane, sail or rotor blade
does not pass within 20 feet of the ground.
(e)
All electrical wiring leading from a windmill shall be located underground.
(f)
Windmills may be located within the required read or side yards,
provided they are no closer than two times their height from the nearest
residential structure not located on the same parcel as the windmill.
(4)
Solar
collectors and panels.
(a)
Solar panels and collectors attached to a structure shall comply
with all Borough building codes and ordinances.
(b)
Solar panels or collectors shall not exceed an area of 100% of the
total roof coverage of the principal building.
(c)
Freestanding solar panels or collectors shall be counted toward the
total lot coverage and shall be subject to the maximum permitted building
height.
F.
Domestic animals (except household pets).
[Added 3-14-2011 by Ord. No. 2011-1]
(1)
This use shall be permitted as an accessory use in the NR Natural
Resources District, the RR Rural Resources District and in the SF
Single Family Residential District only.
(2)
The minimum lot size required for the keeping of domestic animals
shall be as follows:
|
Animal
|
Acres/1st Animal
|
Additional Acres/ Additional Animal
|
|---|---|---|
|
Equine
|
2.0
|
1.0
|
|
Bovine
|
2.0
|
1.0
|
|
Sheep
|
1.5
|
0.5
|
|
Camelids
|
1.5
|
0.5
|
|
Swine
|
2.0
|
1.0
|
|
Poultry/fowl
|
1.0/1 to 10 fowl
|
1.0/each additional 10 fowl
|
(3)
The land designated as acreage for each animal shall be used
exclusively for the animal(s), and such open area shall be maintained
entirely in vegetative cover. Wood lots, forested areas and stormwater
management facilities shall not be included in the calculation of
the open acreage required.
(4)
All buildings and structures housing animals and any buildings
or structures used to store feed or other materials used for the domestic
livestock use shall be located a minimum of 100 feet from all property
lines. A minimum setback of 100 feet shall be provided between any
area or structure used for the storage of animal wastes and all property
lines, street rights-of-way, wetlands and waterways.
(5)
All animals shall be kept within a fenced enclosure at all times
when said animals are not leashed, haltered, or bridled and under
the direct control of the owner or authorized agent of the owner.
(6)
The building height restrictions of the zoning district where
such use is located shall apply.
(7)
All accessory buildings and structures associated with the domestic
livestock use shall comply with lot coverage requirements for the
zone in which it is located.
(8)
The use shall not constitute a nuisance with regard to noise,
odor, vectors, dust, vibration, or other nuisance effects beyond the
property lines of the parcel on which the use is located.
(9)
The conversion of a domestic livestock use to a commercial livestock
operation shall not be permitted when located in the SF District.
(10)
The proposed use shall comply with all applicable state, federal
and local regulations, including but not limited to nutrient management,
building codes, erosion and sedimentation control and stormwater management,
as well as standards for signs, lighting, parking and access.
A.
Every outdoor swimming pool shall conform to all applicable requirements
of State law.
B.
An outdoor swimming pool is permitted only in a side or rear yard
area and must be at least 10 feet from all lot lines. This requirement
applies to any part of the pool structure, including, but not limited
to, associated and/or surrounding decks.
C.
Every outdoor swimming pool, spa, or hot tub, if not covered by a
rigid, secure cover, which eliminates potential access by children
and unauthorized persons, must be completely surrounded by a fence
or wall that has a height of not less than four feet above the ground.
The fence or wall shall be constructed so as not to have openings,
holes or gaps larger than two inches in any one direction. All gates
or doors opening through such enclosure shall be equipped with a self-closing
and self-latching device for keeping the gate or door securely closed
at all times when not in actual use, except that the door of any dwelling
which forms a part of the enclosure need not be so equipped.
[Amended 7-12-1999 by Ord. No. 1999-4]
D.
An outdoor aboveground pool which has a water-containing wall of a minimum of four feet in height which is to serve in lieu of the fencing requirement in Subsection C above shall have access by a removable or retractable ladder, which must be removed or retracted when not in use. In the event that an outdoor swimming pool which has a part or all of its water-containing wall or barrier above the level of the surrounding ground and does not have a retractable or removable ladder; i.e., is accessible at ground level at a height less than four feet or has a fixed ladder or steps, said wall or barrier shall not be construed to satisfy fencing requirements, and a separate fence meeting all of the requirements of Subsection C above must be provided. In such cases, the fence may be affixed to or upon the water-containing wall of a swimming pool or may be entirely separate from it so long as all other requirements of this section are met.
E.
Provision shall be made for drainage of the pool and backwash water
disposal. The use of open fields, lawns or dry wells shall be permitted
for this purpose, provided they meet the requirements of the Pennsylvania
Department of Environmental Protection. Water shall not be discharged
from any swimming pool onto any adjoining property or public street.
F.
All outdoor pools must be designed and located so as not to become
a nuisance or hazard to adjoining property owners or the public. Outdoor
lights, if used, shall be shielded and not reflected toward adjacent
residential properties.
G.
The area of swimming pools and associated structures or decks are
included in the calculations for building coverages.
A.
Vehicle storage.
(1)
Except as provided in § 225-404 of this chapter, in all districts, dismantled or partially dismantled, or abandoned automobiles, tractors, recreational vehicles, trailers, and trucks must be parked or stored within an enclosed building.
(2)
In any Residential District, any licensed vehicle which exceeds
eight feet in height and/or exceeds 21 feet in length, when not placed
within an enclosed building, shall be placed between the front wall
of the principal building and the rear setback line. Such vehicles
shall not obstruct any line of sight of neighboring properties.
(3)
In any Residential District, every vehicle, when not placed
within an enclosed building, shall be placed on a driveway.
(4)
Any unregistered vehicle or vehicle not requiring a license
and not in the process of being dismantled shall be stored at least
30 feet from any neighboring property.
[Amended 10-13-1998 by Ord. No. 1998-10]
B.
Outdoor stockpiling. In a residential use or district or conservation
district, tire stockpiles, metal pipes, vehicle parts, and similar
objects and materials must be stored in a garage or an enclosed storage
structure. In work or service districts, such items must be stored
in a garage or enclosed storage structure or be shielded by landscaping,
walls, or fencing so as to screen the object(s) in all seasons of
the year from the street, public ways, or adjoining properties.
C.
Trash and junk. Except as provided in other Borough ordinances, the
accumulation of trash and/or junk out-of-doors for a period in excess
of 15 days is prohibited in all districts.
D.
Front yard. In all districts, no outdoor stockpiling of any material
or outdoor storage of trash and/or junk is permitted between the front
wall of the principal building and the street line.
A.
Front setbacks of buildings on built-up streets. The front setback
of a proposed building may be reduced (or extended, if the average
setback is greater than the minimum provided) to the average formed
by all existing buildings located within 100 feet on each side of
such proposed building in the same block and on the same side of the
street.
B.
Sight distance.
(1)
Proper sight lines must be maintained at all street intersections
and the intersections of streets with driveways. At all such intersections,
measured along the center line of the street(s) and/or driveway, there
must be a clear sight triangle with sides as follows:
|
Street
|
Clear Sight Triangle Side
(feet)
| |
|---|---|---|
|
All streets, including alleys
|
75
| |
|
Driveway/street intersections
|
15
|
(2)
No building or construction is permitted within such triangles.
However, obstructions or plantings less than three feet in height
(at maturity) as measured from the grade of the roadway shall be permitted.
If not obstructing the view of traffic, utility poles and trees not
more than one foot in diameter (at maturity) shall be permitted.
C.
Setback on corner lots. In the case of corner lots, two front setbacks
shall be provided as well as one side setback and one rear setback.
The rear setback shall be opposite the front of the principal structure.
D.
Setback on reverse frontage or double frontage lots. In the case
of reverse frontage or double frontage lots, two front setbacks and
two side setbacks shall be provided. The setback line of a lot adjacent
to a collector or arterial street shall be 50 feet from the right-of-way
line.
[Amended 3-14-2011 by Ord. No. 2011-1]
E.
Accessory or appurtenant structures. The following modifications
may be made to the required setbacks:
(1)
Cornices, eaves, gutters, bay windows, chimneys or uncovered
steps may project no more than 18 inches into the required setback.
(2)
Patios, driveways, walks, parking areas, stairs, and window
wells, and such other structures customarily incidental to the principal
building, may project into the required setbacks, provided that the
structure is no more than 12 inches above grade at the proposed location.
(3)
Unenclosed and uncovered porches and decks and other such structures
customarily incidental to the principal building may extend a distance
not to exceed 20% of the front setback and 50% of the side or rear
setback.
No building shall be erected to a height in excess of that specified in Article III for each zoning district, provided:
A.
No building shall be hereafter erected less than one story in height;
B.
Height regulations shall not apply to any of the following, provided
the use is not for human occupancy: agricultural buildings, belfries,
spires, cupolas, domes, chimneys, ventilators, silos, and ornamental
or necessary mechanical appurtenances, including radio and TV antennas;
C.
In Residential Districts, accessory buildings shall not exceed 16
feet in height; and
D.
The height of any building may exceed the maximum permitted height
for the district in which such building is located by one foot for
each additional one foot that the width of each building setback exceeds
the minimum required, such additional height not to exceed 20% of
such maximum permitted height.
[Amended 7-12-1999 by Ord. No. 1999-4]
All dwelling units must conform to the minimum habitable floor
area as follows:
Demolition of any structure must be completed within 12 months
of the start of such demolition. Completion consists of tearing the
structure down to grade, filling any resulting cavity to grade and
removing all resulting debris from the lot. A structure may be partly
demolished only if a building remains and the demolition of the part
is completed as required in the previous sentence.
A building, the foundation of which was completed before the
effective date of this chapter, may be constructed without being bound
by the requirements of this chapter, provided that the construction
is completed within one year after the effective date of this chapter.
In like manner, a building, the foundation of which was completed
before an amendment, may be constructed if the construction is completed
within one year after the amendment.
No lot may be formed from part of a lot occupied by a building
unless each newly created lot will meet all the applicable provisions
of this chapter and the Borough Subdivision and Land Development Ordinance.[1]
On a lot held in single and separate ownership on the effective
date of this chapter, or any amendment thereto, which does not fulfill
the regulations for the minimum lot area and/or lot width for the
district in which it is located, a building may be erected, altered,
and used, and the lot may be used for a conforming (permitted) use,
provided the setback requirements are not less than the minimum specified
herein for the district in which the lot is located.
The minimum lot width for residential properties abutting the
turnaround circle of a cul-de-sac street and whose side lot lines
are, as a result, not parallel must maintain the required lot width
at the required minimum front setback line, but may reduce said lot
width by up to 40% at the street line. In no case shall the lot width
at the street line be less than 50 feet.
A.
From the time an application for approval of a subdivision or land
development plan, whether preliminary or final, is duly filed as provided
in the Borough Subdivision and Land Development Ordinance,[1] and while such application is pending approval or disapproval,
no change or amendment of the Zoning Ordinance shall affect the decision
on such application adversely to the applicant, and the applicant
shall be entitled to a decision in accordance with the provision of
the Zoning Ordinance as it stood at the time the application was duly
filed. In addition, when a preliminary application has been duly approved,
the applicant shall be entitled to final approval in accordance with
the terms of the approved preliminary application as hereinafter provided.
However, if an application is properly and finally denied, any subsequent
application shall be subject to the intervening change in the Zoning
Ordinance.
B.
When a preliminary or final subdivision or land development plan
has been approved or approved subject to conditions acceptable to
the applicant, no subsequent enactment or amendment in the Zoning
Ordinance or plan shall be applied to affect adversely the right of
the applicant to commence and to complete any aspect of the approved
development in accordance with the terms of such approval within five
years from such approval. Where final approval is preceded by preliminary
approval, the five-year period shall be counted from the date of the
preliminary approval.
Flag lots are generally discouraged but may be permitted in
the Natural Resource and Rural Residential Districts, provided:
A.
No other reasonable lot configurations are possible.
B.
The narrow "staff" portion of any such lot connecting the "flag"
to the street shall not be less than 50 feet in width.
C.
Calculations for determining minimum lot area shall not include any
portion of the "staff."
D.
Minimum lot width and minimum building setbacks shall be measured
along the lot line most nearly parallel to the street from which access
is taken.
E.
The "staff" portion of a flag lot shall serve only the lot upon which
it is located; any subsequent proposals to serve additional lots shall
require the construction of a public street.
F.
No more than two flag lots are permitted in any subdivision, whether
or not they are contiguous.
A.
Location. Dumpsters and other waste receptacles may be permanently
placed on a lot if such receptacles are not located in or on any required
parking area. Such devices shall be included in calculated lot coverage.
B.
Screening. Dumpsters and waste receptacles must be screened from
the view of adjacent Residential Districts and residential uses.
In any district, whenever any room is provided for the purpose
of living, eating, sleeping, or congregating as part of any residential
or institutional use and cannot be adequately lighted and ventilated
from an adjacent street or yard, an inner or outer court, as appropriate,
shall be provided.
A.
Courts for residential and institutional uses.
(1)
Court width. The width, or smaller dimension, of any outer court
upon which windows open from any room designed for living, eating,
sleeping, or congregating shall not be less than 2/3 the height of
any wall enclosing such court.
(2)
Outer court depth. The depth, or larger dimension, of any outer
court formed by walls on three sides shall not be greater than 1.5
times the width.
(3)
Inner court dimensions. The least dimension of any inner court
shall be the lesser of 1.5 times the height of any wall enclosing
such court, or 50 feet.
(4)
Unobstructed passageway. 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 an unobstructed
open area with access to a street.
B.
Courts for all other permitted uses. In any district, whenever any
room provided for the purpose of working, eating, or congregating,
and as part of any permitted principal use other than a residential
or institutional use, cannot be adequately lighted and ventilated
from an adjacent street or yard, the room shall be provided with windows
opening upon an inner or outer court, as appropriate.
(1)
Court dimensions. Court dimensions shall meet the minimum established
or required by the Board of Health and/or the Department of Labor
and Industry.
(2)
Exceptions. Any proposed building that will include approved
air conditioning and artificial lighting may be erected irrespective
of these provisions.
The provisions of the following sections are applicable to every
lot with respect to general zoning compliance or a building permit
for any new structure or enlargement of any existing structure is
hereafter required.
A.
Buffer planting strip. Landscape buffer planting strips are required
along zoning district boundaries, based on the zoning district classification(s).
The type of buffer planting strip required is detailed in the New
Freedom Borough Subdivision and Land Development Ordinance.[1] Buffer planting is also required under the following circumstances:
(1)
Where a proposed commercial, industrial or other nonresidential
use abuts an existing residential use or Residential District on the
same side of a street.
(2)
Where any proposed multifamily residential use abuts an existing
single-family dwelling.
(3)
Any other instance where buffering of proposed use is required
by this chapter or by the Borough.
(4)
Where any proposed residential development abuts a collector
or arterial street.
B.
Visual screens. Visual screens shall be required around the following
site elements, when these are located partially or fully within 25
feet of the property line or existing road right-of-way:
C.
General. In all districts, and subject to the requirements of that district, when landscaping, buffer and screen planting is required, the standards of § 194-520 of the Subdivision and Land Development Ordinance of New Freedom Borough shall apply.
[Amended 8-13-2012 by Ord. No. 2012-2]
D.
Deviations from requirements.
[Added 8-13-2012 by Ord. No. 2012-2]
(1)
Deviations from the requirements of § 194-521 of the Subdivision and Land Development Ordinance (SALDO) of New Freedom Borough that are proposed during the subdivision/land development process shall be permitted as a waiver according to § 194-205 of the SALDO and, when granted, will not also require the grant of a variance under the terms of this chapter.
The following temporary uses of land are permitted in each zoning
district (unless restricted to particular zoning districts), subject
to the specific regulations and time limits which follow and to the
other applicable regulations of the district in which the use is permitted:
A.
Christmas tree sales: allowed in all districts for a period not to
exceed 60 days. Displays of Christmas trees need not comply with the
yard and setback requirements, provided that no tree shall be displayed
within 30 feet of the intersection of the curbline of any two streets.
Areas devoted to Christmas tree sales must be cleared of all debris
and all excess trees by January 1.
B.
Contractor's office and equipment shed: will be allowed in all districts
as an accessory to a construction project. The office and/or shed
must be removed by the estimated completion date of the construction
project, with the option of a one-year extension.
C.
Temporary offices and bank facilities in mobile homes: will be allowed
in the TN, CB and LI Districts after a land development plan has been
approved. The land development plan must show the locations of the
proposed temporary facility and the proposed permanent facility.
D.
Real estate office/model home: incidental to a new housing development.
Contains no sleeping or cooking accommodations unless located in a
model dwelling unit. Maximum number of permanent employees is two.
Time limit of one year plus one-year extension.
E.
Outdoor seasonal sale of farm produce and/or seafood: to continue
for not more than three consecutive months per year only in the CB
and LI Districts.
F.
Promotional activities involving the display of goods and merchandise:
will be allowed in the TN, CB and LI Districts. May be conducted outside
of enclosed buildings for a period of not more than two consecutive
weeks in any three-month period. Retail businesses may display merchandise
that is for sale within the building with the above restrictions in
the area immediately adjacent to the building, subject to the following
conditions:
G.
Proof of the provision for adequate sanitary facilities acceptable
to the Borough SEO, parking and traffic control, security, trash removal,
etc., related to the temporary use shall be provided at the time of
application for permit.
[Added 3-14-2011 by Ord. No. 2011-1]
A.
Fuel substances permitted for combustion in an exterior furnace installation
shall be limited to natural gas, propane, home heating oil, coal,
firewood, untreated lumber, corn and pellets.
B.
The burning and combustion of trash, plastics, gasoline, rubber,
naptha, household garbage, material treated with petroleum products
(particle board, railroad ties and pressure-treated wood), leaves,
paper products and cardboard are strictly prohibited.
C.
Outdoor furnaces shall be permitted only in the Natural Resources
(NR) and Rural Residential (RR) Districts.
D.
Outdoor furnaces shall be permitted only on lots of three acres or
more.
E.
All outdoor furnaces and heating devices shall be set back not less
than 200 feet from the nearest lot line.
F.
Outdoor furnaces shall be operated only between September 1 and May
31, unless the furnace is being used to provide heating for a domestic
water service.
G.
All outdoor furnaces shall be equipped with properly functioning
spark arrestors.
H.
All outdoor furnaces and heating devices shall be provided with a
stack or chimney, the height of which shall be the greater of one
of the following:
I.
Installation of any electrical or plumbing apparatus or device used
in connection with the operation of an outdoor furnace shall be in
conformity with all applicable electrical and plumbing codes and,
in the absence of such code, in conformity with the manufacturer's
installation specifications. Any outdoor furnace must also comply
with any other county, state or federal guidelines for the same.
J.
All outdoor furnaces and heating devices installed within the Borough
at the time of adoption of this chapter are required to meet emission
standards currently required by the Environmental Protection Agency
(EPA). Emission standards currently required by the EPA are hereby
adopted by reference, together with any amendments or modifications
made to them in the future.
[Added 8-13-2012 by Ord. No. 2012-2]
A.
General. In all districts, and subject to the requirements of that district, the steep slope conservation standards of § 194-521 of the Subdivision and Land Development Ordinance of New Freedom Borough shall apply.
B.
Deviations from requirements.
(1)
Deviations from the requirements of § 194-521 of the Subdivision and Land Development Ordinance (SALDO) of New Freedom Borough that are proposed during the subdivision/land development process shall be permitted as a waiver according to § 194-205 of the SALDO and, when granted, will not also require the grant of a variance under the terms of this chapter.
