[Ord. 1352-08, 5/5/2008]
This Part contains provisions which are concerned with certain
additional matters of a general or specific applicability and which
are not included elsewhere in this chapter.
[Ord. 1352-08, 5/5/2008; as amended Ord. No. 1474-20, 11/9/2020]
A structure may be converted into apartments, provided that
the following requirements are met:
A.
All other district requirements shall be met.
B.
Outside fire escapes and stairways shall be under roof and shall
not be on any outside wall facing a street.
C.
The following regulations shall apply to the conversion of an existing
single-family detached dwelling into a greater number of dwelling
units:
(1)
The building shall maintain the appearance of a single-family
detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may internally share the single front entrance.
(2)
The conversion shall not be permitted if it would require the
placement of an exterior stairway on the front of the building or
would require the placement of more than three off-street parking
spaces in the required front yard abutting an arterial street.
D.
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of an historic
building or for handicapped access.
E.
Separate cooking and sanitary facilities shall be provided for each
dwelling unit.
F.
Off-street parking lots with four or more spaces shall be buffered
from abutting dwellings by evergreen screening.
G.
Dumpsters shall be screened.
[Ord. 1352-08, 5/5/2008]
1.
Detached Garages. Detached private garages shall be permitted in
any zoning district, subject to the following requirements:
[Amended by Ord. No. 1473-20, 11/9/2020]
A.
Maximum capacity: three vehicles in the R-1, R-1A, and R-2 Districts.
B.
Maximum height: 25 feet.
C.
Temporary detached garage buildings and structures are not permitted.
D.
A detached garage shall not be located within any required minimum
front yard area.
E.
A detached garage located along or adjacent to an alley shall be
exempt from the minimum rear and side yard setback requirements of
the underlying zoning district.
F.
A detached garage shall not be located within five feet of any lot or property line, except as permitted pursuant to Subsections 1 and 2 of this section. However, a detached garage located along or adjacent to an alley may be permitted within the minimum side yard a distance of up to two feet from the side property line if the applicant submits a survey of the subject lot prepared by a professional land surveyor who is currently licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of land surveying. Under no circumstance shall any portion of the detached private garage building, including its overhangs, gutters, or other architectural features, extend beyond the property line of the subject lot and encroach upon the adjoining lot.
2.
Other Accessory Buildings and Structures.
A.
Maximum height: 25 feet in any residential district. (Historic District
requirements shall be met.)
B.
Minimum distance between buildings and/or structures: five feet,
except in the R-1 and R-1A Districts, where the minimum distance between
buildings and structures shall be 10 feet.
C.
Except as otherwise permitted herein (see setback provisions
in sections regulating "private swimming pools" and "fences" set forth
herein), no accessory building or structure shall be located within
any required minimum front, side, or rear yard areas nor within five
feet of any property line. A residential accessory building located
in the backyard of a lot may be permitted within the minimum side
yard a distance of up to two feet from the side property line if the
applicant submits a survey of the subject lot prepared by a professional
land surveyor who is currently licensed and registered under the laws
of the Commonwealth of Pennsylvania to engage in the practice of land
surveying. Under no circumstance shall any portion of the building,
including its overhangs, gutters, or other architectural features,
extend beyond the property line of the subject lot and encroach upon
the adjoining lot.
[Amended by Ord. No. 1473-20, 11/9/2020]
D.
Accessory buildings and/or structures shall meet the lot coverage
requirements for that district.
[Ord. 1352-08, 5/5/2008]
Home occupations may be permitted only by special exception
granted by the Zoning Hearing Board, subject to the following requirements:
A.
The activity or occupation shall be conducted entirely within the
dwelling or existing accessory building by a resident of the dwelling.
B.
The amount of floor area used for such occupation shall not exceed
25% of the total floor area of the dwelling.
C.
No more than four nonresidents shall be employed.
D.
A sufficient number of additional off-street parking spaces shall
be provided.
E.
There shall be no displays nor any change on or to the exterior of
the building indicating that the building is being used for anything
other than a residence.
G.
Activities involving the industrial manufacture of products shall
not be permitted.
[1]
Editor's Note: Former § 27-1505, Minimum Habitable
Floor Area, adopted by Ord. No. 1352-08, was repealed 11/9/2020 by Ord. No. 1474-20. Such requirements are currently regulated pursuant to
the provisions of the Pennsylvania Construction Code Act and the regulations
promulgated thereunder, which preempt and supersede the minimum habitable
floor area regulations as set forth in this chapter.
[Ord. 1352-08, 5/5/2008]
1.
Every swimming pool shall be completely enclosed by a fence or wall
not less than four feet in height which shall be constructed so as
to not have any openings, holes or gaps of more than four inches.
A dwelling, accessory building or other structure may be used as part
of such enclosure.
2.
All gates and doors opening through such enclosure shall be equipped
with a self-closing and self-latching device for keeping such gate
or door securely closed and latched at all times when not in use.
3.
In residential districts, no pool shall be located in any required
front or side yard area.
4.
All pools shall be considered accessory structures and shall meet the requirements of § 27-1503 above, except that swimming pools may be allowed within a rear yard area, provided that the walls of the pool and any deck are set back at least 10 feet from the lot line.
5.
All pools shall be provided with a filtering system meeting all applicable
local and state requirements.
[Ord. 1352-08, 5/5/2008]
1.
In residential districts, no fence shall be erected that is more
than six feet in height.
2.
Fences shall not exceed four feet in height in the front yard area
between the street right-of-way and required building setback or build-to
lines. Any fence located in the required front yard in an R-1, R-1A,
R-2, RO, or OT District shall have a minimum ratio of 1:1 of open
to structural area.
3.
A fence shall not be required to comply with minimum setbacks for
accessory buildings and structures.
[Ord. 1352-08, 5/5/2008]
1.
Except for licensed automobiles, no vehicle, machinery, trailer,
mobile home, boat or other similar equipment shall be parked or stored
outside for more than seven days in any residential district within
any front yard area or within any required side yard areas. No more
than one such item shall be stored outside at any time on a single
property.
2.
The parking or storage of any licensed automobile in a front yard
area shall occur only upon a driveway.
[Ord. 1352-08, 5/5/2008]
On any corner lot, the required build-to line shall be provided
along both streets.
[Ord. 1352-08, 5/5/2008]
1.
Where any commercial or industrial district abuts any R-1, R-1A,
or R-2 Residential District, a buffer yard at least five feet wide
in the commercial or industrial district and along the property line
separating the two districts shall be suitably planted with trees
and shrubs and maintained at all times.
2.
Where a Health Care District abuts any residential district (other
than in a street or alley), a buffer yard at least 20 feet in width
in the Health Care District and along the properly line separating
the two districts shall be planted with trees and shrubs and maintained
at all times.
3.
The buffer yard shall be a landscaped area free of structures (except
for decorative fences and walls), dumpsters, commercial or industrial
storage or display, manufacturing or processing activity, materials,
loading and unloading areas or vehicle parking or display. No new
driveways or streets shall be permitted in the buffer yards, except
at points of approved perpendicular crossings for ingress or egress.
4.
Maintenance. In buffer yards, all areas not covered by trees and
shrubs shall be well maintained in an all-season vegetative ground
cover (such as grass) and shall be kept free of debris and rubbish
and shall not include grass areas higher than eight inches.
5.
Fence. Any fence in a buffer yard shall be placed on the inside of
any required evergreen screening.
6.
Modifications. In situations where it would be impractical to develop
a screen that would meet all Borough requirements or where an undue
hardship would be created to an applicant, the Zoning Hearing Board
may agree to modify these requirements to allow an acceptable alternative.
Such alternative may, for example, involve the development of a solid
wooden fence that has been treated to be weather-resistant. Such modification
shall only occur after a review by the Planning Commission.
[Ord. 1352-08, 5/5/2008]
1.
Exceptions. The height limitations contained in the district regulations
do not apply to spires, belfries, cupolas, antennas, water tanks,
ventilators, chimneys, or other appurtenances usually located above
the roof of a building or structure.
2.
Modifications. In any INS—1 Institutional-1 or HC Health Care
District, a building may be erected to a greater height and a greater
number of stories than that specified for the district, provided that
the required front and side yard requirements are increased one foot
for every one foot of additional height, up to a maximum total building
height of 75 feet and five stories.
[Ord. 1352-08, 5/5/2008]
Space provided to satisfy the yard, area, and parking requirements
for any building or structure, either existing or proposed, shall
not be used to meet the yard, area, and parking requirements for any
other building or structure.
[Ord. 1352-08, 5/5/2008]
In any district, more than one building or structure having
a permitted principal use may be erected on a single lot, provided
that all the applicable requirements of this Part shall be met for
each building or structure as though it were on an individual lot.
[Ord. 1352-08, 5/5/2008]
1.
In no instance shall any use or activity be permitted which, by reason
of noise, dust, odor, appearance, smoke or other objectionable factor,
creates a nuisance, hazard, or other adverse effect upon the value
or reasonable enjoyment of the surrounding properties.
2.
In no instance shall the operation of any business, commonly known
as a "head shop," which involves, in whole or in part, the sale, lease,
trade or display for sale of any and all types of drug paraphernalia,
as defined herein, be permitted in any district.
3.
In no instance shall the operation of any business which has obscene
materials, as defined herein, as a substantial or a significant portion
of its stock-in-trade be permitted in any district.
4.
In no instance shall the operation of a massage parlor in which any
of the following activities are carried on be permitted in any district:
A.
The massage treatment of any person by one or more persons who do
not belong to any nationally recognized massage therapy association
or by persons who are not graduates of any recognized training school
in massage therapy with a minimum of 500 hours of training, evidence
of which shall be in the form of a certificate or diploma on display
on the premises. The requirements of this provision shall not apply
to treatments given in the residence of a patient, the office of a
licensed physician, osteopath, or registered physical or massage therapist,
or chiropractor, or in a regularly established and licensed hospital
or sanitarium.
B.
The massage of, or physical contact with, the sexual or genital parts
of one person by any other person.
C.
The exposure of the sexual or genital parts of the body of any person.
[Ord. 1352-08, 5/5/2008]
1.
No wall, fence, sign or other structure shall be erected or altered,
and no hedge, trees, shrubs, crops, etc., shall be maintained, which
may cause danger to pedestrians or traffic by obstructing the view.
2.
A clear sight triangle shall be provided and maintained at all street
and/or alley intersections. Such clear sight distance shall be maintained
between two and 10 feet above curb level. Such triangle shall be 15
feet along the right-of-way lines of the streets or alleys, measured
from the intersection of such rights-of-way, with the third longer
leg of the triangle connecting the two ends, unless a larger triangle
is required by the state or by other local regulations. If the intersection
is rounded, the triangle shall be measured from the extended ends
of the rights-of-way.
3.
Within such clear sight triangle, no grading shall occur or structures
(such as buildings, fences or walls) be placed or expanded or vegetation
be permitted that would obstruct the vision of motorists of pedestrians
and other traffic. The only obstructions permitted within such triangle
shall be transparent fences, vegetation regularly maintained at less
than two feet in height, mailboxes, sign or utility posts less than
one feet in width and the trunks of deciduous trees.
4.
If a driveway or accessway enters onto a street, a required sight
triangle as stated above shall be maintained, except that the length
of the triangle shall be eight feet long measured at the center line
of the driveway or accessway and at the street right-of-way line.
[Ord. 1352-08, 5/5/2008]
Every building or structure hereafter erected or moved shall
be located on a lot that abuts a public street or road or with access
to an acceptable private street or road, and all buildings and structures
shall be located so as to provide safe and convenient access for servicing,
fire protection and off-street parking.
[Ord. 1352-08, 5/5/2008]
1.
No single use or group of attached buildings on a single lot or uses
designed as a single unit shall have more than two driveways.
2.
No driveway shall be located within 50 feet of the intersection of
any street right-of-way lines.
3.
Driveways between the street right-of-way line and cartways shall
be paved.
4.
Driveways shall be no wider than 30 feet.
[Ord. 1352-08, 5/5/2008]
1.
Each bedroom shall not be occupied by more than two persons.
2.
The group-care home shall not exceed 10 persons.
3.
Such facilities shall be licensed or operated by a state or county
agency.
4.
Such facilities shall have twenty-four-hour-per-day on-site supervision
by qualified staff.
5.
The group-care home shall register its location, general type of
treatment/care, maximum number of residents and sponsoring agency
with the Borough. Such information shall be available for public review
upon request.
6.
Any medical or counseling services provided on the lot shall be limited
to residents and a maximum of three nonresidents per day.
8.
Off-street parking areas of more than four spaces shall be buffered
from adjacent existing single-family dwellings by a planting screen
suitably planted with trees and shrubs and maintained at all times.
9.
The use shall not meet the definition of a "treatment center" in
Part 2.
10.
If the group-care home is within a residential district, the building
shall be maintained and/or constructed to ensure that it is closely
similar in appearance, condition and character to the other residential
structures in the area. No exterior signs or other features visible
from the exterior shall identify the type of use.
[Ord. 1352-08, 5/5/2008]
1.
No use or activity shall be permitted that will create any dangerous,
injurious, noxious, or otherwise objectionable situation. Specifically,
a use or activity shall not:
A.
Constitute a nuisance or danger to human health and safety, livestock
or plants, or any other property as a result of the emission or dissemination
of any fumes, smoke, odor, or dust beyond the property line of the
premises upon which such use or activity is located.
B.
Create any noise or vibration exceeding the average intensity of
noise or vibration occurring from other sources at the property line.
C.
Endanger any surrounding area by reason of fire or explosion.
D.
Produce any objectionable heat or glare beyond the property line.
E.
Create any electrical disturbances or adversely affect the operation
of equipment located off the premises.
F.
Discharge any dangerous or untreated effluent into any stream or
other body of water or otherwise contribute to the pollution of surface
or underground water.
G.
Create an undesirable or dangerous traffic condition on the street
or in a nearby area or generate a nuisance to any nearby property
because of increased traffic.
H.
Create any other objectionable condition which will endanger public
health and safety or be detrimental to the proper use of the surrounding
area.
2.
In order to determine that a proposed use or activity will comply
with the above standards, the Zoning Officer or Zoning Hearing Board
may:
[Ord. 1352-08, 5/5/2008]
1.
A formal, binding homeowners' association shall be responsible for
any commonly owned and/or maintained improvements or lands, such as
common open space, parking areas, recreation facilities, sidewalks,
streets, alleys, utilities, stormwater control facilities and other
similar improvements. This homeowners' association shall be established
and subject to the provisions of Section 705(f) of the State Municipalities
Planning Code[1] and Title 68 of the Real and Personal Property Act, Part
II, Real Property, Subpart B, Condominiums, as amended by Senate Bill
65, 1979.
[1]
Editor's Note: See 53 P.S. § 10705(f).
2.
Any such condominium or homeowners' association agreement shall be
provided to the Borough Solicitor for his or her review a minimum
of 30 days before the final plan is recorded. If, within those 30
days, the Borough Solicitor determines, in writing, that such document
is not in legally acceptable form with regard to concerns of the Borough,
the plan shall not be recorded until acceptable revisions are made.
[Ord. 1352-08, 5/5/2008]
The Historic Overlay District shall supplement and serve as an overlay area to all of the underlying zoning districts. In addition to the underlying district regulations, all uses and activities in the Historic Overlay District shall also comply with the Borough of Gettysburg Historic District Regulations [Chapter 11].
[Ord. 1352-08, 5/5/2008]
The Floodplain Overlay District shall supplement and serve as an overlay area to all of the underlying zoning districts. In addition to the underlying district regulations, all uses and activities in the Floodplain Overlay District shall also comply with the Borough of Gettysburg Floodplain Regulations [Chapter 8].
[Ord. 1352-08, 5/5/2008]
[Ord. 1352-08, 5/5/2008]
1.
This section establishes additional specific requirements for certain specific principal uses, in addition to the other requirements of this chapter and the requirements of each zoning district. For uses permitted within a specific zoning district as special exception uses, the general standards in § 27-1704 shall also be met.
2.
Each of the following principal uses shall meet all of the following
requirements for that use:
A.
Adult Use. This is limited to the following: adult bookstore, adult
movie theater, massage parlor or adult live entertainment use.
(1)
No such use shall be located within 500 linear feet of the lot
line of any primary or secondary school, place of worship, public
park, daycare center, child nursery, library, existing dwelling, or
any site marked as a proposed future park location on any Borough
Official Map.
(2)
No such use shall be located within 1,500 linear feet of any
other existing or approved adult use.
(3)
A thirty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 27-1510, but with plantings of an initial minimum height of six feet.
(4)
No pornographic material, displays or words shall be placed
in view of persons who are not inside of the establishment. Definite
precautions shall be made to prohibit minors from entering the premises.
(5)
The applicant must prove to the satisfaction of the Zoning Hearing
Board that such use would not in any way adversely affect the character
of the surrounding area, including property values.
(6)
No such use shall be used for any purpose that violates any
federal, state or Borough law. Any violation of this zoning requirement
involving a serious criminal offense that the proprietor has continuing
knowledge of and allows to occur shall be sufficient reason for the
Borough to revoke Borough permits.
(7)
No such use shall be allowed in combination with the sale of
alcoholic beverages.
(8)
The use shall not include the sale or display of obscene materials,
as defined by state law, as may be amended by applicable court decisions.
(9)
These uses are specifically prohibited in all districts except
where specifically permitted.
(10)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes but is not
limited to booths for viewing adult movies or nude dancers. No room
of any kind accessible to customers shall include less than 150 square
feet, other than required restrooms.
(11)
No use may include live actual or simulated sex acts or any
sexual contact between entertainers or between entertainers and customers.
(12)
Only lawful massages, as defined by state court decisions, shall
be performed in a massage parlor.
(13)
All persons within any adult use other than a permitted adult
live entertainment use shall wear nontransparent garments that cover
their genitals and the female areola.
(14)
The applicant shall provide receipts showing that he/she has
mailed, by certified mail, a written notice of the proposed special
exception hearing date to all property owners of record within 500
feet of the subject property at least 10 days prior to the hearing
date.
(15)
Adult Use Owners and Managers. The applicant shall submit a
written list of all persons having an ownership interest of more than
1% in the business, including shareholders and partners of any corporation.
The applicant shall also submit the name of the manager who is responsible
to ensure that all Borough and state regulations are enforced on a
day-to-day basis. Such manager shall reside within a twenty-five-mile
radius of the use. Such information shall include the person's business
and home addresses and phone numbers and shall be a matter of public
record. Such information shall be kept up-to-date. Failure to keep
such information up-to-date shall be a violation of this chapter and
be reason for suspension of Borough permits.
C.
Amusement Arcade.
(1)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that there will be adequate supervision and design measures
to prevent adverse affects upon residential properties in the area.
(2)
The operator shall keep children of ages of six to 15 from being
within the use during school hours.
(3)
The use shall be set back a minimum of 300 feet from any place
of worship and 150 feet from any residential district.
D.
Auditorium, Commercial or Nightclub.
(1)
A forty-foot buffer yard shall completely separate the structure
and all off-street parking areas from any lot line of any residential
use or undeveloped residentially zoned lot.
(2)
A commercial auditorium shall have a minimum lot size of one
acre for each 150 persons of capacity.
(3)
Any such use that allows the consumption of alcohol and that
has a capacity of 250 or more persons shall be set back a minimum
of 300 feet from any residential lot line.
E.
Auto Repair Garage.
(1)
All major repair, welding and paint work shall be performed
within a building, with a fume collection and ventilation system that
directs fumes away from any adjacent dwellings.
(2)
All reasonable efforts shall be made to prevent or minimize
noise, odor, vibration, light or electrical interference to adjacent
lots.
(3)
Outdoor storage of autos and other vehicles shall be suitably screened and buffered in accordance with § 27-1510 and shall not be closer than 20 feet from a lot line of an existing dwelling.
(4)
Overnight outdoor storage of junk, other than junk vehicles,
shall be prohibited within view of a public street or a dwelling.
(5)
An individual junk vehicle shall not be stored within view of
a public street or a dwelling for a total of more than 20 days. No
junk vehicles shall be stored within 20 feet of an existing street
right-of-way line. A maximum of six junk vehicles may be parked on
a lot outside of an enclosed building at any one time.
(6)
Service bay doors shall not face directly towards an abutting
dwelling, not including a dwelling separated from the garage by a
street.
(7)
A use that is primarily intended to serve trucks with three
or more axles or tractor-trailer trucks shall have a minimum lot area
of one acre; and all areas used for repairs, fueling and serving of
such vehicles shall be set back a minimum of 250 feet from a residential
lot line.
F.
Auto, Boat or Manufactured Home Sales. No vehicle or home on display
shall occupy any part of the existing or future street right-of-way
or required customer parking.
G.
Auto Service Station.
(1)
See definition in Part 2 and definition of "auto repair garage."
(2)
All activities, except those customarily performed at fuel or
air pumps, shall be performed within a building. Spray-painting or
body or fender work is prohibited.
(3)
Fuel pumps shall be at least 25 feet from the existing street
right-of-way. The minimum lot width shall be at least 150 feet.
(4)
Overnight outdoor storage of junk and vehicle parts, other than
permitted whole junk vehicles, shall be prohibited within view of
a public street or dwelling.
(5)
An individual junk vehicle shall not be stored within view of
a public street or a dwelling for more than a total of 20 days. No
junk vehicles shall be stored within 20 feet of an existing street
right-of-way. No more than three junk vehicles shall be stored on
the lot outside of an enclosed building at any point in time.
(6)
There shall be an ability for a minimum of three vehicles to
be serviced at each cluster of gasoline pumps, or to be lined up behind
cars being serviced, without obstruction of access into or out of
the driveways from public streets.
H.
Bed-and-Breakfast Use.
(1)
No more than 10 rooms shall be provided.
[Amended by Ord. No. 1481-21, 10/12/2021]
(3)
At least one full bathroom shall be provided for every four
sleeping rooms.
(4)
The use shall have a residential appearance and character.
(5)
The use shall be operated by permanent residents of the lot.
(6)
There shall not be separate cooking facilities in any guest
room. Food shall only be served to guests who are staying overnight,
unless a restaurant is also permitted by the district regulations.
(7)
The use of any amenities provided by the bed-and-breakfast,
such as a swimming pool or tennis court, shall be restricted in use
to the clientele and permanent residents of the establishment and
their occasional invited guests, unless commercial recreation is also
permitted by the district regulations.
(8)
In a residential district, bed-and-breakfast uses shall be restricted
to buildings that existed prior to January 1, 1950.
(9)
Any required exterior improvements to the building, such as
those required to meet applicable fire safety requirements, shall
be located to the rear of the building and shall not detract from
the residential character of the building.
[Added by Ord. No. 1481-21, 10/12/2021]
(10)
The operator of a bed-and-breakfast use must demonstrate registration
with the Adams County Treasurer's Office in compliance with County
Ordinance No. 2 of 2018, as amended, for the payment of hotel room
rental tax.
[Added by Ord. No. 1481-21, 10/12/2021]
J.
Boardinghouse (Includes Rooming House).
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum front yard setback: 25 feet. Minimum setback from all
other lot lines: 40 feet.
(3)
Minimum lot width: 125 feet.
(4)
Density: a minimum of 2,000 square feet of lot area per sleeping
room or rental unit, whichever is more restrictive.
(5)
Each sleeping room shall be limited to two persons each. A minimum
of one full bathroom shall be provided for every four sleeping rooms.
(6)
A fifteen-foot-wide buffer yard with screening meeting § 27-1510 shall be provided between any boardinghouse building and any abutting single-family detached dwelling that is within 100 feet of the proposed boardinghouse building.
(7)
Interior space: a minimum of 250 square feet of interior floor
area per resident.
(8)
Maximum number of residents: 20.
(9)
See also standards for personal care homes, which is a separate
use.
(10)
Signs shall be limited to one wall sign with a maximum of two
square feet per side.
(11)
Rooms shall be rented for a minimum period of 30 consecutive
days.
[Amended by Ord. No. 1481-21, 10/12/2021]
K.
Bus Terminal, Intercity. For regular scheduled service between metropolitan
areas, bus stations and bus stops for local bus service and occasional
charter service are not regulated by this chapter.
(1)
Street access from the bus station to an arterial street or
an expressway shall not require driving on a local street that is
primarily residential.
(2)
An area for the loading and unloading of buses shall be provided
separate from required off-street parking areas, and a separate area
shall be provided for pickup and drop-off of persons from private
vehicles.
(3)
The use may be an accessory use to a permitted shopping center
or restaurant, provided that there is adequate room for movements
by the bus on the site or an adequate street shoulder for stops.
L.
Car Wash.
(1)
Traffic flow and ingress/egress shall not cause traffic hazards
on adjacent streets.
(2)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(3)
Adequate provisions shall be made for the proper and convenient
disposal of refuse.
(4)
Water used in the operation shall be collected and recycled
and shall not flow into any storm sewers or waterways.
(5)
Water from the car wash operation shall not flow onto sidewalks
or streets, to prevent hazards from ice.
(6)
Any car wash that is located within 250 feet of an existing
dwelling shall not operate between the hours of 9:00 p.m. and 7:00
a.m.
(7)
Any chemicals that may be hazardous to aquatic life shall be
stored within an area that will completely contain any leaks or spills.
M.
Cemetery.
(1)
The minimum lot area for any new cemetery shall be two acres.
(2)
A crematorium, where allowed, shall be set back a minimum of
250 feet from all residential lot lines.
(3)
All structures and graves shall be set back a minimum of 30
feet from all residential lot lines, 20 feet from the future right-of-way
of any public street and 10 feet from the cartway of an internal driveway.
(4)
No grave sites shall be located within the one-hundred-year
floodplain.
(5)
The applicant shall provide evidence that, in the determination
of the Zoning Officer, the use will include an appropriate permanent
system to ensure perpetual maintenance. Such determination shall be
based upon a review by the Borough Solicitor.
N.
Commercial Outdoor Recreation.
(1)
The use shall have a total building coverage of less than 15%.
O.
Communications Tower, Commercial. If the tower is not attached to
a building:
(1)
The tower shall be set back a minimum distance equal to 2/3
of its height from all lot lines and existing street right-of-way
lines.
(2)
If the tower will have a height greater than 65 feet above the
natural ground level, it shall not be located in a residential district,
unless the applicant proves to the satisfaction of the Zoning Hearing
Board that realistically no other appropriate sites in other districts
are available within the Borough.
(3)
The base of a freestanding tower shall be surrounded by a secure
fence with a minimum height of eight feet.
(4)
Any freestanding tower higher than 50 feet that is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by screening or fencing meeting the requirements of § 27-1510.
(5)
Any new tower owner or operator must show that no existing building,
site or structure, including other towers/monopoles, within a one-mile
radius of the proposed new location is available for co-location.
P.
Day-Care Center, Child, as a Principal Use.
(2)
The use shall comply with any applicable county, state and federal
regulations, including having an appropriate Pennsylvania Department
of Public Welfare registration certificate or license.
(3)
Convenient parking spaces within the requirements of Part 13
shall be provided for persons delivering and waiting for children.
(4)
In the R-1, R-1A, and R-2 Residential Districts, where permitted
as a principal use, it shall have a minimum lot area of 12,000 square
feet and a minimum setback of 15 feet from an abutting residential
lot line.
(5)
It shall include adequate measures to ensure the safety of children
from traffic or other nearby hazards. This shall include a secure
fence around any outdoor areas abutting streets that are routinely
used for outdoor play.
(6)
Outside play areas in R-1, R-1A, and R-2 Residential Districts
shall be limited to use between 8:00 a.m. and 8:00 p.m. if located
within 150 feet of a dwelling.
(7)
Outdoor play areas of a day-care center involving the care of
25 or more children at any one time shall be set back a minimum of
20 feet from the exterior walls of an abutting existing occupied dwelling.
(8)
A day-care center as a principal use shall not be conducted
in a dwelling that is physically attached to another dwelling that
does not have a common owner.
(9)
In residential districts, any permitted day-care center shall
maintain an exterior appearance that resembles and is compatible with
any existing dwellings in the neighborhood.
(10)
A day-care center may occur in a building that also includes
permitted or nonconforming dwelling units.
(11)
See also the standards for a place of worship in this section,
which allow a day-care center as an adjunct use.
Q.
Financial Institution. Any drive-in window(s) and waiting lanes shall
be located and have capacity for sufficient numbers of vehicles to
ensure that traffic conflicts and hazards are avoided within the site
and along the streets and highways adjoining the use.
S.
Golf Course.
(1)
The course shall be designed so that golf balls are highly unlikely
to enter public streets or property that is not part of the golf course.
(2)
A clubhouse, retail sales of golf supplies, nonhousehold swimming
pool and/or restaurant may be permitted as an accessory use. Any building
or swimming pool shall be located a minimum of 100 feet from any residential
lot line, unless the owner of such lot grants a waiver, in writing,
from such setback.
(3)
Minimum lot area 25 acres in a residential district.
(4)
Any outdoor lighting shall be located and designed in such a
way that it does not generate more light onto residential properties
than what is customary in a residential neighborhood.
(5)
Maximum building coverage: 5%.
(6)
Maximum lot coverage: 10%.
(7)
Fairways and greens shall be set back a minimum of 30 feet from
the lot line of any existing dwelling.
T.
Hospital.
(1)
The use shall be served by at least two accessways or driveways
with a minimum width of 20 feet. One of these accesses shall be from
an arterial or collector street. The second access may be limited
to emergency vehicles.
(2)
Reasonable consideration shall be given to design methods that
may be able to minimize serious noise conflicts from emergency sirens
in the vicinity of a residential district.
(3)
See definitions in Part 2.
V.
Kennel.
(1)
All buildings in which animals are housed and all runs shall
be located at least 150 feet from all residential lot lines and 30
feet from all other lot lines.
(2)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any adjacent
dwelling.
(3)
No animal shall be permitted to use outdoor runs from 8:00 p.m.
to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs
for dogs shall be separated from each other by visual barriers a minimum
of four feet in height, to minimize dog barking.
(4)
See state law regulating kennels.
(5)
A kennel may be used for breeding.
(6)
Minimum lot area: two acres.
(7)
An evergreen screen shall be required between any outdoor animal
runs and any residential lot line.
W.
Mixed-Use Building, Extended Height.
[Added by Ord. No. 1454-18,[1] 12/10/2018]
(1)
An application for a special exception for a mixed-use building,
extended height use shall be made to the Zoning Hearing Board by submission
to the Zoning Officer. After setting a date for the zoning hearing,
the Zoning Officer shall concurrently refer the application for review
to the Gettysburg Borough Council, the Gettysburg Borough Planning
Commission and the Gettysburg Historic Architectural Review Board
for the issuance of a written report with recommendations from each
body, if applicable.
(2)
Increased Height Incentive. The maximum building height, as set forth in § 27-8A05, Subsection 3, of this chapter, may be increased or extended for all mixed-use buildings on a site for any of the following site improvements that are implemented. In order to qualify for the increased or extended building height, the site improvements shall meet the standards and criteria set forth in § 27-1524, Subsection 2, W(2)(a) through (d). Regardless of the number of incentives provided, the maximum building height that may be authorized by the Zoning Hearing Board shall not exceed 72 feet. An additional 12 feet of building height may be allocated and authorized for a mixed-used building, if required for the installation, maintenance and use of mechanical equipment to service the proposed building.
(b)
If the existing transit center services operation and use is
to be relocated, in order to qualify for the increased or extended
building height incentive for this site improvement, an applicant
must provide documentation and evidence at the zoning hearing from
the owner of the transit center services lot confirming that an acceptable
alternative site for the use has been ascertained and secured within
the Borough on North Stratton Street south of Water Street or between
Carlisle Street and North Stratton Street for the relocation of transit
center services operations and public restrooms.
(c)
Public Green Space. In order to qualify for the increased or
extended building height incentive for this site improvement, an applicant
shall provide a minimum of 25% green area on the subject lot for a
publicly accessible use, such as a market, outdoor restaurant seating,
public square, or other similar uses excluding parking. This minimum
25% of green area may consist of the following:
(d)
Gettysburg Inner Loop. In order to qualify for the increased
or extended building height incentive for this site improvement, an
applicant shall construct any segment(s) of the Gettysburg Inner Loop
Trail Network that is located on the parent tract or lot of a proposed
building site within the ROR Residential Office Redevelopment District.
Once constructed, the segment(s) of the Inner Loop Trail Network shall
be dedicated to the Borough for public use.
|
Site Improvements
|
Increase in Building Height
(feet)
|
|---|---|
|
Internal parking
|
24
|
|
Relocation of transit services and public restrooms
|
12
|
|
Public green space
|
24
|
|
Gettysburg Inner Loop
|
12
|
(3)
All mixed-use buildings, extended height will be massed to fit
harmoniously into its surroundings and will respect and improve local
character. It will minimize the impact on nearby buildings and open
space by:
(a)
Massing new buildings to frame adjacent streets and open spaces
in a way that respects the existing and/or planned street proportions;
(b)
Creating a transition in scale to nearby buildings;
(c)
Providing adequate privacy, sunlight, and sky view ensuring
adequate separation between building walls; and
(d)
Minimizing shadows and uncomfortable wind conditions on adjacent
or nearby lots and open spaces.
(4)
Building Step-Back Requirements. In zoning districts other than
INS-1 Institutional-1 or HC Health Care Districts, where building
height is permitted to exceed 48 feet, an upper story step-back shall
be provided along the building facades. Where a building would be
required to provide multiple step-backs on a particular facade, only
the larger step-back dimension will be required (i.e., step-backs
do not compound on one another).
(a)
Street and Railroad Frontage, Excluding Alleys. An upper story
step-back of 20 feet from the building facade shall be provided beginning
for all building elevations over 48 feet in height.
(b)
Adjacent Residential Structures. An upper story step-back of
30 feet from the building facade shall be provided beginning for all
building elevations over 48 feet in height when the building, located
on an adjacent lot, is residential in use.
(5)
In zoning districts other than INS-1 Institutional-1 or HC Health
Care Districts, where building height is permitted to exceed 48 feet,
a forty-five-degree angular plane shall be established from the highest
point of the building facade, which shall not be obstructed by the
building envelope. Where this standard conflicts with other building
height standards within this chapter, the greater, more restrictive
standard shall be applied.
X.
Mobile/Manufactured Home, on an Individual Lot or Within a Mobile/Manufactured
Home Park.
(1)
It shall be constructed in accordance with the safety and construction
standards of the United States Department of Housing and Urban Development.
(2)
It shall have a site graded to provide a level, stable and well-drained
area.
(3)
It shall have wheels, axles and hitch mechanisms removed.
(4)
Foundation. It shall be securely attached to the ground in such
as way as to prevent overturning, shifting or uneven settling of the
home. This shall involve the following method, unless the applicant
proves to the satisfaction of the Zoning Officer that another method
will be used that is recommended by the manufacturer of the home or
by the manufactured housing industry or is specified by the Pennsylvania
Uniform Construction Code:
(a)
The foundation system shall consist of ten-inch diameter concrete
piers, concrete footing perpendicular to the main longitudinal frame,
or equivalent and shall be installed from ground level to below the
frost line (36 inches minimum). This foundation system shall be placed
on eight-foot centers (unless another length is specified by the manufacturer)
along each of the two main longitudinal frames for each section of
the home, with no more than three feet of overhang at each end of
the section. The Borough Building Inspector may approve other appropriate
equivalent foundation methods, such as concrete trench piers placed
perpendicular to the main longitudinal frame or concrete slabs under
the entire home footprint.
(b)
One-half-inch diameter by 12 inches long eyebolts, u-shaped
bars or equivalent metal bars shall be cast in place at each corner
and at two midpoints in the concrete piers, concrete footing, slab
or equivalent. Concrete blocks shall be used to support the home on
the foundation system, and wood shims may be used for final leveling.
The concrete support blocks shall not be wider than the support foundation.
(c)
The mobile/manufactured home shall be securely anchored or tied
down with cable and turn buckles or equivalent connecting the frame
to the cast-in-place eyebolts on at least four corners and two midpoints.
The tie-down shall also be in accordance with the manufacturer's recommendations
furnished with each home.
(d)
Mobile homes shall not be placed more than four feet above the
supporting ground area.
(5)
Mobile/manufactured homes shall be enclosed from the bottom
of the home to the ground or stand using either:
(a)
Industry-approved skirting material compatible with the home;
or
(b)
If a slab foundation is used, masonry walls underneath the home
with soil backfill to result in the surrounding ground level to be
flush or one normal step in height below the first-floor elevation.
If this alternative is used, a service access area through the masonry
wall shall be installed.
(6)
Mobile/manufactured homes shall have a pitched instead of a
flat roof.
(7)
Mobile/manufactured homes should be located with the longest
side facing the public street.
Y.
Mobile/Manufactured Home Park.
Z.
Nightclub. Nightclubs shall meet the requirements for an auditorium,
commercial.
AA.
Nursing Home.
(1)
Licensing. See definition in Part 2.
(2)
A minimum of 10% of the lot shall be suitable and developed
for passive recreation. This area shall include outdoor sitting areas
and pedestrian walks.
(3)
The density shall not exceed more than one resident or bed per
100 square feet of total lot area.
(4)
Setback. Principal and accessory buildings shall be set back
a minimum of 20 feet from a residential lot line.
BB.
Parking Lot as a Principal Use.
(1)
The parking lot shall not be used for parking of heavy construction
equipment unless located in the IND District or for vehicle repairs
or for sales unless such uses are specifically permitted by the applicable
district regulations.
(2)
Any permitted parking area within a residential district that
abuts a residential lot line and that serves a principal business
use shall not permit the routine movement of vehicles between 11:00
p.m. and 6:00 a.m.
CC.
Personal-Care Home. The standards for nursing homes in this section
shall apply.
DD.
Places of Worship.
(1)
Minimum lot area: 30,000 square feet.
(2)
Weekly religious education rooms and meeting rooms are permitted
accessory uses, provided that such uses are of such a character and
intensity that they would be clearly customary and incidental to the
place of worship. A primary or secondary school and/or a child or
adult day-care center are permitted on the same lot as a place of
worship as long as requirements for such uses are also met. Noncommercial
buses used primarily to transport persons to and from religious services
or a permitted school on the lot may be parked on the lot.
(3)
One dwelling unit may be accessory to a place of worship on
the same lot.
(4)
The use of any building for worship by a maximum of six persons,
who are not related, at any point in time is not regulated under this
chapter and is permitted by right in all districts.
(5)
Adequate access shall be provided for the anticipated traffic.
(6)
The proposed use shall not create a negative traffic impact
on the surrounding area.
EE.
Plant Nursery.
(1)
Evergreen screening and buffer yards are not required around
the outdoor storage of trees or shrubs.
(2)
The only retail sales that shall be permitted shall be of trees
and plants that were primarily grown upon the lot and clearly customary
and accessory sales of closely related items (such as mulch, topsoil
and tools), unless retail sales or a retail store is specifically
permitted in the district.
(3)
Minimum lot area: 15,000 square feet if there is any retail
sales within a primarily residential district.
FF.
Recycling Collection Center.
(1)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(2)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(3)
A ten-foot buffer yard with evergreen screening shall be provided
between this use and any abutting residential lot line.
(4)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a Borough-owned
use, subject to the limitations of this section.
(5)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum, glass and yard waste. No garbage shall be stored as part
of the use, except for that generated on site and that accidentally
collected with the recyclables. Only materials clearly being actively
collected for recycling may be stored on site.
(6)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning, composting and
closely similar work. No burning or landfilling shall occur. No mechanical
operations shall routinely occur at the site other than operations
such as baling of cardboard and such operations as are necessary for
permitted composting.
(7)
The use shall not routinely include the collection or processing
of pieces of metal that have a weight greater than 50 pounds, except
within an industrial district.
(8)
The use shall include the storage of no more than 200 tons of
materials on the site, and no such materials shall be within 300 feet
of an existing dwelling.
GG.
Restaurant.
[Amended by Ord. 1415-14, 4/14/2014]
(1)
Dumpster and waste containers shall be suitably screened.
(2)
If a drive-thru is provided, a maximum of two outdoor menu boards
are permitted, beyond the signs normally permitted, with a maximum
sign area of 40 square feet each, if the words on such signs are not
readable from beyond the lot line.
(3)
Traffic circulation onto, within and off of the lot shall be
clearly marked. A drive-thru use shall be designed with space for
an adequate number of waiting vehicles while avoiding conflicts with
traffic onto, around and off of the site.
(6)
The primary entrance to the restaurant shall be located in a
manner that minimizes detrimental traffic impacts, both pedestrian
and vehicular.
(7)
The applicant shall meet the parking requirement under § 27-1302.1J for a restaurant on the lot. The applicant may fulfill the parking requirement subject to criteria in § 27-1304, Location of Parking. If the applicant requests a special exception to meet the parking requirement under § 27-1304, that designated parking area or areas shall meet the parking requirement for all properties and uses the parking area serves. On-site and off-site parking spaces shall comply with all requirements under Part 13 (Parking, Loading and Unloading).
HH.
School, Public or Private, Primary or Secondary.
(1)
Minimum lot area: 30,000 square feet, unless a larger acreage
is required by another section of this chapter.
(2)
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within 25 feet of a residential lot
line.
(3)
The use shall not include a dormitory unless specifically permitted
in the district.
II.
Self-Storage Development.
(1)
All storage units shall be fire-resistant and water-resistant.
(2)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(3)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored.
(4)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas or accessways.
(5)
Major body work on vehicles shall not be permitted. The use
shall not include a commercial auto repair garage unless that use
is permitted in the district and the use meets those requirements.
(6)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(7)
The use shall be completely surrounded by a buffer yard including
evergreen screening, except along the abutting lot lines of another
principal business use.
(8)
Maximum building length: 250 feet.
(9)
Minimum separation between buildings: 20 feet.
KK.
Solid Waste Transfer Facility.
(1)
All solid waste storage, disposal and incineration shall be
at least 250 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water filled quarry) or wetland of more than
two acres in area.
(2)
All areas to be used for the storage, disposal or incineration
of solid waste shall be a minimum of 500 feet from any residential
lot line or publicly owned recreation area or the banks of any perennial
creek or river.
(3)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 24 feet. One of these roads may
be restricted to use by emergency vehicles.
(4)
No burning or incineration shall be permitted. Any solid waste
that is to be stored for more than three hours shall be stored in
an enclosed structure.
(5)
The operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the Borough. Violations
of this condition shall also be considered to be violations of this
chapter.
(6)
Open dumps and open burning of refuse are prohibited.
(7)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash hauling trucks through or alongside existing residential or
residentially zoned areas.
(8)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use would not routinely create noxious odors
off of the tract.
(9)
A chain-link fence or other approved fence with a minimum height
of eight feet shall surround active solid waste disposal areas to
prevent the scattering of litter and to keep out children. The Board
shall require earth berms, evergreen screening and/or shade trees
as needed, which shall be used to prevent operations from being visible
from an expressway or arterial streets or dwellings.
(10)
A minimum total lot area of five acres (which may include land
in an adjoining municipality) is required for the first 200 tons per
day of capacity to treat or dispose of waste, plus two acres for each
additional 100 tons per day of capacity. The facility shall have a
maximum total capacity of 400 tons per day.
(11)
Health Hazards. Any facility shall be operated in such a manner
to prevent the attraction, harborage or breeding of insects, rodents,
or vectors.
(12)
Attendant. An attendant shall be present during all periods
of operation or dumping.
(13)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(14)
Emergency Access. The operator of the use shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(15)
Under authority granted to the Borough under Act 101 of 1988,
the hours of operation shall be limited to between 7:00 a.m. and 9:00
p.m.
(16)
Litter. The operator shall regularly police the area of the
facility and surrounding streets to collect litter than may escape
from the facility or trucks.
(17)
Dangerous Materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored or processed in any way. Infectious
materials are defined as medical wastes used or created in the treatment
of persons or animals with seriously contagious diseases.
(18)
The applicant shall provide sufficient information for the Borough
to determine that the requirements of this chapter will be met.
(19)
The applicant shall provide the Zoning Officer with a copy of
all written materials and plans that are submitted to PADER at the
same time as they are submitted to the DER.
(20)
All loading and unloading of solid waste shall only occur within
an enclosed building and over an impervious surface which drains to
a holding tank that is then adequately treated.
LL.
Swimming Pool, Nonhousehold.
(1)
The water surface shall be set back at least 50 feet from any
existing dwelling.
(2)
Minimum lot area: 1 1/2 acres.
(3)
Any water surface within 100 feet of an existing dwelling shall
be separated from the dwelling by evergreen screening.
(4)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(5)
Water Service. Any inlet from a central water system shall be
above the overflow level of the pool.
(6)
Nuisances. A pool shall not include illumination of adjacent
residential properties beyond what is customary in a residential neighborhood.
A pool shall also not include the playing of a radio or recorded music
at a volume louder than is necessary for the convenient hearing of
persons at the pool.
MM.
Target Range.
(1)
All target ranges shall have a barrier behind the target area
which is of sufficient height and thickness that is more than adequate
to protect the public safety. This barrier shall be made of earth
for an outdoor firearms range.
(2)
An outdoor firearms target range shall comply with National
Rifle Association standards and other applicable federal, state and
local regulations.
(3)
An outdoor firearms target range shall be located a minimum
of 500 feet from a residential lot line.
(4)
An outdoor firearms target range shall be fenced and be properly
posted.
(5)
The applicant shall show that acceptable noise limits will be
met.
(6)
An indoor firearms target range shall be adequately ventilated
to allow the building to remain completely enclosed.
NN.
Tavern. Any place serving alcoholic beverages that also has a capacity
of more than 250 persons for entertainment or dancing shall also meet
the standards of a nightclub.
OO.
Townhouses (Single-Family Attached Dwellings).
(1)
Maximum number of continuous attached dwelling units: seven.
(2)
Variety in Design. Developments of more than 40 dwelling units
should include a variety of complimentary designs and colors between
buildings or clusters of buildings to avoid extreme repetition. Extreme
design and color variations on different parts of the same building
are discouraged. Variation in rooflines of structures is strongly
encouraged.
(3)
Changes in Facade. For every attached grouping of four or more
townhouses, a minimum of two changes in the front wall plane shall
be provided. Such change shall involve a minimum variation or offset
of four feet. This requirement may be met by differing setbacks between
an attached garage and a dwelling, or differing setbacks among different
dwellings, or differing setbacks along the front of a dwelling.
(4)
Buffer Yard. A ten-foot-wide buffer yard with screening shall
be provided by the developer of the townhouses or low-rise apartments
between any townhouse or low-rise apartment principal buildings and
any of the following features that are at least partially within 100
feet of such buildings:
(5)
To avoid incompatible structures in a higher-density environment,
townhouse developers are strongly encouraged to establish deed restrictions
or homeowners' association regulations controlling the general types
and materials of attached decks, fences and accessory structures that
may be added or constructed in the future.
(6)
Minimum Width of Townhouses. Each townhouse dwelling unit shall
have a minimum width of 18 feet, except that the minimum width shall
be 24 feet for any townhouse that:
(7)
Minimum Private Area.
(a)
For each townhouse, there shall be a yard, balcony, patio or
other outdoor area other than a driveway immediately adjacent to the
front, back or side of each dwelling of not less than 200 square feet
for the exclusive use of the occupants of that dwelling.
(b)
If townhouses are subdivided into individual lots, the minimum
lot area shall be the building footprint plus this 200 square feet.
(c)
Design measures shall be used to seek an appropriate level of
privacy in any rear yards. Such measures might include landscaped
screening, compatible fencing or earthen berming. The intent is to
avoid the placement of incompatible fencing by individual lot owners
in the future.
(d)
Storage. If the maintenance of grass yards in front of or behind
a townhouse would be the responsibility of an individual home-owner,
a small storage area suitable for storing lawn maintenance equipment
shall be provided with appropriate outside access.
(8)
Architectural Renderings. Preliminary architectural renderings,
models or photos are required for any garden apartment or townhouse
development of more than 15 units. Such information shall be provided
to the Planning Commission for an advisory review but shall not be
the basis for any approval or denial by the Borough.
(9)
Paved Area Setback. All off-street parking spaces, except spaces
on driveways immediately in front of a carport or garage entrance,
of principal buildings approved after the adoption of this chapter
shall be set back a minimum of eight feet from any dwelling.
(10)
Garages. It is strongly recommended that all townhouses be designed
so that garages and/or carports are not an overly prominent part of
the view from public streets. For this reason, parking courts, common
garage or carport structures or garages at the rear of dwellings are
encouraged instead of individual garages opening onto the front of
the building, especially for narrow townhouse units.
(11)
Mailboxes. Any mailboxes provided within the future street right-of-way
should be clustered together in an orderly and attractive arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curbside are discouraged.
(12)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial street.
(13)
Utilities. Both public sewage and public water service shall
be provided to each dwelling unit. All utilities within the development,
including cable television, shall be placed underground.
PP.
Treatment Center.
(1)
The applicant shall provide a written description of all types
of residents the use is intended to include over the life of the permit.
Any future additions or modifications to this list shall require approval
of the Zoning Hearing Board as a special exception.
(2)
The applicant shall prove, with the full burden of proof upon
the applicant, to the satisfaction of the Zoning Hearing Board, that
such use will involve adequate supervision and security measures to
protect public safety.
(3)
The Zoning Hearing Board may place conditions on the use as
necessary to protect public safety, including conditions on the types
of residents and security measures.
QQ.
Use or Establishment with Drive-Thru Facilities.
(1)
Traffic circulation onto, within and off of the lot shall be
clearly marked.
(2)
A drive-thru use shall be designed with space for an adequate
number of waiting vehicles while avoiding conflicts with traffic onto,
around and off of the site. (See "restaurant, drive-thru" for additional
requirements for drive-thru restaurants.)
RR.
Veterinarian Office (Includes Animal Hospital).
(1)
Minimum lot area: 10,000 square feet, unless a more-restrictive
requirement is established by another section of this chapter.
(2)
Any structure in which animals are treated or housed shall be
a minimum of 60 feet from any residential lot line. Buildings shall
be adequately soundproofed so that sounds generated within the buildings
cannot routinely be perceived within any adjacent dwellings.
(3)
Outdoor animal runs may be provided for small animals for use
between 8:00 a.m. and 8:00 p.m., provided that the runs are at least
150 feet from any existing dwelling, and provided that the runs for
dogs are separated from each other by visual barriers a minimum of
four feet in height, to minimize dog barking.
(4)
A commercial kennel shall only be an accessory and not a principal
use, unless a kennel is permitted in that district and the applicable
requirements are met.
SS.
Warehouse or Wholesale Sales.
(2)
No storage of trash, garbage, refuse, highly explosive or flammable
materials, hazardous or highly toxic substances, animals, animal carcasses
or similar items shall be permitted.
(3)
Uses that would involve the entrance to the use of an average
of more than 100 tractor-trailers per weekday shall be required to
meet the additional standards in this section for a trucking company
terminal.
TT.
Inn Use.
[Added by Ord. No. 1481-21, 10/12/2021]
(2)
At least one full bathroom shall be provided for every four sleeping
rooms.
(3)
The use shall have a residential appearance and character.
(4)
The use shall be operated by a person or persons who maintain a permanent
residency on or at the property, parcel or lot where the use is conducted
or who reside within a ten-mile radius of the facility, or alternatively,
the inn shall provide on-site staff and employee presence at all times
when guests are present at the facility.
[Amended by Ord. No. 1484-22, 9/12/2022]
(5)
There shall not be separate cooking facilities in any guest room.
Food shall only be served to guests who are staying overnight, unless
a restaurant is also permitted by the district regulations.
(6)
The use of any amenities provided by the inn, such as food service
or meeting rooms, may be provided to the public if those or similar
commercial uses, as determined by the Zoning Officer, are also permitted
in the underlying zoning district.
(7)
Any required exterior improvements to the building, such as those
required to meet applicable fire safety requirements, shall be located
to the rear of the building and shall not detract from the residential
character of the building.
(8)
The operator of an inn must demonstrate registration with the Adams
County Treasurer's Office in compliance with County Ordinance No.
2 of 2018, as may be amended, for the payment of hotel room rental
tax.
UU.
Vacation Rental Use.
[Added by Ord. No. 1481-21, 10/12/2021]
(1)
The operator of a vacation rental use shall, at all times while the
property is being used as a vacation rental, maintain a contact person/entity
on record with the Borough within a fifteen-minute drive of the property.
The contact person or entity must be available via telephone 24 hours
per day, seven days per week, to respond to complaints regarding the
vacation rental use.
(2)
A written notice shall be conspicuously posted inside each vacation
rental unit setting forth the name, address and telephone number of
the contact person required herein. The notice shall also set forth
the address of the vacation rental use, the maximum number of vehicles
permitted to park on-site, and the day(s) established for garbage
collection.
(3)
Only one rental booking shall occur per dwelling unit per night.
Multiple separate overnight accommodations in a single dwelling shall
be prohibited.
(4)
Food, drink, or meals shall not be provided for compensation.
(5)
On-site advertising of a vacation rental use shall be limited to
one sign with a maximum size of four square feet, and shall be prohibited
outside the TC, GC, OT, HC and RO Districts.
(6)
Any required exterior improvements to the building, such as those
required to meet applicable fire safety requirements, shall be located
to the rear of the building and shall not detract from the residential
character of the building.
(7)
The operator of a vacation rental use must demonstrate registration
with the Adams County Treasurer's Office in compliance with County
Ordinance No. 2 of 2018, as may be amended, for the payment of hotel
room rental tax.
(8)
A vacation rental use shall be limited to only one such use
per each property, parcel or lot.
[Added by Ord. No. 1484-22, 9/12/2022]
VV.
Event venue.
[Added by Ord. No. 1488-23, 5/8/2023]
(1)
Minimum Parcel Size. All event venue uses shall be conducted on real
property with a minimum parcel size of 0.5 acre if there are to be
any outdoor components to the accessory activities associated with
the use.
(2)
It is intended that an event venue use shall be conducted primarily
within the principal building or buildings comprising the use and
that all outdoor activities associated with such use shall occur with
less frequency than indoor events.
(3)
Temporary Accessory Structures. All temporary accessory structures
shall be subject to the following:
(4)
Areas used for dumpsters and/or waste containers for the disposal
of trash and recycling storage and pickup must be screened with a
fence of no less than five feet in height or with plant material that
will form a dense screen and which contains materials reasonably expected
to attain a height of five feet within three years of planting.
(5)
Operational Requirements.
(a)
There shall be employee presence during all times in which there
is client or customer presence, during all loading and setup activities,
and throughout all events.
(b)
Maximum attendance for outdoor events shall be 100 people, including
staff.
(c)
All outdoor activities associated with an event must cease by 11:00
p.m., including the setup and cleanup activities for the event.
(d)
No operating, playing, or permitting the operation or playing of
any radio or audio equipment (including from a vehicle), sound amplifier,
television, musical instrument, or similar device which produces,
reproduces, or amplifies sound outdoors after 9:00 p.m. on Sunday
through Thursday and after 10:00 p.m. on Friday and Saturday.
(6)
Standing Vehicles. Any vehicles used to transport or shuttle attendees
may only make temporary stops on the public right-of-way for the limited
purposes of loading and unloading passengers. Parking of transport
and shuttle vehicles on the alley, street, or in street parking spaces
dedicated for the Residential Parking Program shall be prohibited.
[Ord. 1352-08, 5/5/2008]
This section establishes additional specific requirements for
certain specific accessory uses, in addition to the other requirements
of this chapter. Each of the following accessory uses shall meet all
of the following requirements for that use:
B.
Composting.
(1)
It shall be limited to the composting of biodegradable vegetative
material, including grass clippings, trees, shrubs, leaves and vegetable
waste. The composting shall not include animal wastes or fats.
(2)
It shall be conducted in such a way that a fire, rodent or disease-carrying
insect hazard or seriously noxious odors are not created for occupants
of dwellings.
C.
Day-Care Center as an Accessory Use to a Residential Use.
(1)
The following shall be the maximum number of children under
age 15 that may be cared for in any dwelling unit:
(a)
In a single-family detached dwelling with a minimum lot area
of 10,000 square feet and a ten-foot setback from all existing dwellings:
a maximum of six children who are not related to a permanent resident
of the dwelling.
(b)
In any other dwelling unit: a maximum of three children beyond
those children who are related to a permanent resident of the dwelling.
(2)
The dwelling shall retain a residential appearance with no change
to the exterior of the dwelling to accommodate the use, other than
cosmetic improvements.
(4)
The use shall be actively operated by a permanent resident of
the dwelling.
(5)
If four to six children who are not related to a permanent resident
of the dwelling are cared for, then the following requirements shall
be met:
(a)
Smoke detectors shall be provided throughout the building, an
ABC-rated fire extinguisher shall be provided, and exit lights shall
be provided at outdoor exits, and at least one exit/window shall be
provided with an opening within six feet of the adjacent exterior
grade level.
(b)
A minimum of 100 square feet of safe exterior play area shall
be available.
D.
Outdoor Storage and Display, Commercial or Industrial as an Accessory
Use.
(1)
Location. Outdoor storage or display shall not occupy any part
of any of the following: the existing or future street right-of-way,
sidewalk or other area intended or designed for pedestrian use or
required parking area.
(2)
No such storage or display shall occur on areas with a slope
in excess of 15% or within the one-hundred-year floodway.
E.
Homestay as an accessory use to a permanent residential use or occupancy
in the R-1A, OT, RO, GC, HC, and IND Districts, except where the Elm
Street Overlay District (ESO) intersects with the OT and RO Districts
where a homestay use is not a permitted use.
[Added by Ord. No. 1481-21, 10/12/2021]
(1)
Maximum two rental rooms or suites permitted, but may only be made
available for lease to one rental party at any given time.
(2)
Only one rental booking shall occur per night. Multiple separate
overnight accommodations in a single dwelling unit shall be prohibited.
(3)
One off-street parking space shall be provided for guest use.
(4)
The operator of a homestay use shall maintain permanent residency
on the premises.
(5)
A bedroom shall meet the minimum size requirements set forth in the
Pennsylvania Uniform Construction Code.
(6)
On-site advertising of a homestay use is prohibited.
(7)
Food, drink, or meals shall not be provided for compensation.
(8)
The operator of a homestay use must demonstrate that they have registered
with the Adams County Treasurer's Office in compliance with County
Ordinance No. 2 of 2018, as may be amended, for the payment of hotel
room rental tax.
F.
Recreational Vehicle, Storage of One or Two.
(1)
A maximum of two uninhabited recreational vehicles in transportable
condition may be stored or parked on a lot outside of an enclosed
building, within the following limitations:
(a)
A recreational vehicle longer than 20 feet shall not be stored
or parked for more than four days in any seven-day period within a
required front yard.
(b)
A recreational vehicle stored or parked on the lot of a single-family
detached house shall be set back a minimum of three feet from the
lot line of an abutting single-family detached dwelling. A recreation
vehicle shall not be stored within the existing right-of-way of a
public street.
(c)
Any recreational vehicle that is required to be registered or
licensed under state law to be operated and is not registered or licensed
shall be kept out of view from any public street or abutting dwelling.
(d)
If a recreational vehicle is stored within the required front
yard, it shall be parked on a driveway or asphalt, concrete or paving
block area and not upon a grass yard.
(2)
Any recreation vehicle longer than 20 feet stored on a lot shall
be screened from view of any abutting single-family detached dwelling
by attractive landscaping.
(3)
A maximum of one recreational vehicle may be inhabited as a
temporary accessory residence to a single-family detached dwelling
for a maximum period of seven days. Such use shall occur only once
in a calendar year.
G.
Skateboard Ramps. Any skateboard ramp shall be clearly intended for
use by permanent residents of the dwelling and their occasional guests.
Any such skateboard ramp shall be a maximum of five feet in height
and five feet in length.
H.
Satellite Antennas.
(1)
Intent: to provide for reception of satellite communications,
while assuring that such uses will not detract from the character
of any area or adversely affect property values; to recognize that
the solidness and visibility of satellite antennas can create a very
strong visual impact on a neighborhood compared to most other noncommercial
antenna.
(2)
Satellite antennas shall be a permitted-by-right accessory use
in all districts for all uses, subject to the restrictions in this
subsection.
(3)
Location and Number of Satellite Antennas.
(a)
In the R-1, R-1A, R-2, RO or ROR District or the OT District,
a satellite antenna shall not be located within the required front
yard.
(b)
A satellite antenna shall comply with the accessory setback
requirements of the applicable district.
(c)
A satellite antenna may be placed on the roof of a structure
in an R-1, R-1A, R-2, RO or ROR District or the OT District only if
it has a diameter of three feet or less. An antenna may be roof-mounted
in any other district, without limitations on visibility.
(d)
A maximum of two satellite antennas per unit shall be permitted
in a residential district.
(4)
Size and Height.
(a)
A satellite antenna shall have a maximum diameter of six feet
in an R-1, R-1A, R-2, RO or ROR District or the OT District if visible
from a public street or a dwelling. No maximum shall apply within
other districts.
(b)
A ground-mounted satellite antenna shall have a maximum height
of 15 feet above the average ground level in an R-1, R-1A, R-2, RO,
or ROR District or the OT District if visible from a public street
or a dwelling.
(5)
Screening. Any satellite antenna in an R-1, R-1A, R-2, RO, ROR
or OT District that is ground-mounted and visible from a public street
shall be screened by appropriate evergreen plantings with a minimum
height of three feet between the antenna and any public street, unless
the applicant proves to the satisfaction of the Zoning Officer that
screening in such a location would make it impossible to receive the
electronic signals.
(6)
Colors. Earth tones are strongly encouraged.
(7)
Large Lot Exemption. If a satellite antenna is to be located
a minimum of 200 feet from all exterior lot lines, the size, height
and placement requirements of this section shall not be binding.
(8)
Mobile Stands. Satellite antennas on mobile stands are prohibited,
except as may be initially needed to determine the best location for
an antenna.
(9)
Transmission. No satellite antenna provided for under this section
shall be used for the transmission of commercial electronic signals
within an R-1, R1-A, R-2 or RO District.
I.
Unit for Care of Relative.
(1)
See definition of "relative" in Part 2.
(2)
Such unit shall be considered as an accessory use and shall
be restricted to occupancy by a relative of a permanent resident of
the principal dwelling unit on the property. A maximum of two persons
may inhabit such unit.
(3)
Such relative shall need care and supervision because of old
age, disability, handicap or illness.
(4)
Such unit shall be designed and installed in such a way that
it can easily be reconverted into part of the principal dwelling unit
after such relative no longer lives within it. Once such unit is no
longer occupied by such relative, the unit shall be reconverted into
part of the principal dwelling unit or be completely removed. The
unit shall not be within a portable detached structure.
(5)
Such unit shall require a permit, which shall be renewed annually.
The occupants of the principal dwelling unit shall annually report
the name, relationship and reason for need for care and supervision
of such occupant to the Borough.
(6)
Once a unit under this section is required to be removed or
is otherwise discontinued, there shall be no physical evidence visible
from the exterior to the lot lines that such apartment existed.
[Ord. 1352-08, 5/5/2008]
1.
Build-To Lines Established. Build-to lines are hereby established from the existing curbline of all existing and proposed public streets within the Borough or at the edge of the paved cartway if there is no curb. Except as specifically provided in other sections of this chapter, no buildings shall be placed in the area between the build-to line and any street curbline, except as permitted in § 27-1526, Subdivision 2D. In situations involving a proposed public street, the build-to line shall be as shown on the subdivision and/or land development plan.
2.
Build-To Line Requirements.
A.
Distance requirements for build-to lines shall be as follows:
|
District
|
Build-To Line as Measured from Street Curbline
(See § 1526, Subsection 2C, below)
(feet)
| |
|---|---|---|
|
R-1
|
25
| |
|
R-1A
|
35
| |
|
R-2
|
10
| |
|
OT
|
5 to 10
| |
|
INS-1
|
20 (except as per § 27-1511)
| |
|
RO
|
10
| |
|
ROR
|
10
| |
|
TC
|
15
| |
|
GC
|
15
| |
|
IND
|
35* (See § 27-1104)
| |
|
HC
|
20 (except as per § 27-1511)
|
|
*
|
Based on a building height of 45 feet or less.
|
B.
On any corner lot, the required build-to line shall be provided along
both streets.
C.
The build-to line shall be considered a building setback line in
all districts.
D.
Whenever the majority of the existing buildings on a block face have
nonconforming build-to lines, the build-to line for new buildings
may be modified to conform to such majority at the discretion of the
Borough Zoning Officer. In no case shall the build-to line be less
than that of any adjacent building.
E.
The build-to line may vary with a recess or setback to the building, or to the build-to line itself, of up to four feet. However, the build-to line may have a greater recess or a setback to a building when: topographic or hydrologic conditions on a lot warrant same; an ADA-accessible ramp is needed; or § 27-1511 is employed.
F.
The build-to line may vary up to four feet with a projection to a
building or to the build-to line itself if no part of any building
or sign encroaches upon the street right-of-way and the required sidewalk
can physically fit along the streetscape.
[Ord. 1352-08, 5/5/2008]
When a lot which is improved with existing single-family semidetached dwellings is the subject of a subdivision application for the purpose of enabling single-family residential development and usage on the subdivided lot or lots, the applicant shall not be required to meet the requirements of § 27-1526 herein relative to lot requirements. All other requirements of this Part shall apply to the development of the subdivided lot or lots and shall be enforced.
[Ord. 1352-08, 5/5/2008]
When a lot which is improved with existing single-family attached dwellings is the subject of a subdivision application for the purpose of enabling single-family residential development and usage on the subdivided lot or lots, the applicant shall not be required to meet the requirements of § 27-1526 herein relative to lot requirements. All other requirements of this Part shall apply to the development of the subdivided lot or lots and shall be enforced.
[Ord. 1352-08, 5/5/2008]
1.
One side yard and one rear yard are also required, with the rear
yard setback being located next to an alley, if any, or next to another
lot's rear yard; the side yard shall be located next to another lot's
side yard or next to the adjoining building's side if the side is
built on the property line.
