There shall be two types of exceptions to the use, height, and area requirements of this chapter: general exceptions which are made administratively in accordance with the specific provisions of § 300-133 and special exceptions which are made only by the Zoning Hearing Board in accordance with the provisions of Article XVIII or Article XXI.
[Amended 10-12-1994 by Ord. No. 94-12]
The use, height, and area requirements of this
chapter shall be subject to the following general exceptions:
A.
Use and dimensional exceptions; Borough utilities
and Borough uses exempt. The provisions of this chapter shall not
be construed to limit or interfere with the construction, installation,
operation and maintenance of any use, structure, building, or appurtenance
located on real property owned or leased by the Borough, or in which
the Borough has an interest, whether by easement, license, or otherwise,
including, but not limited to, Borough utilities, public works, general
governmental services, recreation, and public safety.
[Amended 10-10-2022 by Ord. No. 2022-12]
B.
Height exceptions. The following are hereby excepted
from the height limitations otherwise imposed by this section:
[Amended 5-10-2010 by Ord. No. 2010-08]
(1)
Roof structures for the housing of elevators,
stairways, tanks, ventilating fans or similar equipment required to
operate and maintain the building, fire or parapet walls, skylights,
towers, steeples, chimneys, smokestacks, radio and television antennas,
water tanks, silos, gas containers, or similar structures may be erected
above the height limits herein prescribed, but no roof structure or
any space above the height limit shall be allowed for the purpose
of providing additional floor space for residential or commercial
use.
C.
Lot area exceptions.
(1)
Lots not served with sewer and water facilities.
In any part of the Borough where neither public sewer nor water facilities
are provided, each lot shall have a minimum area of 20,000 square
feet per family and a minimum width of 100 feet at the building line.
Where either public sewer or public water facilities are provided,
but not both, a minimum lot area of 10,000 square feet per family
and a minimum lot width of 75 feet at the building line shall be provided.
(2)
Dwellings on small lots (nonconforming lots).
Nothing shall prohibit the erection of a one-family dwelling on any
lot separately plotted, owned and recorded and containing, at the
time of enactment of this chapter, an area or width less than that
required herein, provided the yard dimensions and other requirements
shall conform as closely as possible to the requirements for the district
in which such lot is located. No yard, however, shall be reduced to
less than five feet in width without specific approval of the Zoning
Hearing Board.
(3)
Churches. A church may be extended or expanded
on the lot on which it was on the effective date of this chapter and
also on any adjoining lot which on the effective date of this chapter
was owned by the same congregation, corporation or organization that
was the church so extended or expanded, or on any lot acquired after
the effective date of this chapter by the same congregation, corporation
or organization that owned the lot on which on the effective date
of this chapter there was the church so extended or expanded which
subsequently acquired lot adjoins either the lot on which the church
was at the effective date of this chapter, or a lot to which such
church may be or has been extended or expanded by virtue of the authority
of this subsection. Any extension or expansion of a church by virtue
of the authorization of this subsection shall conform to the front
yard requirements and the height regulations of the zoning and width
requirements or the lot coverage, side yard and rear yard requirements
of the zoning district in which located, except that the height regulations
may be exceeded when authorized as a special exception by Zoning Hearing
Board.
D.
Front yard exceptions. Where a lot is situated between
two lots, each of which has a main building within 25 feet of its
side lot line and which projects beyond the established front yard
line or its side lot line, the front yard requirements on such lot
may be reduced to the average of the front yards of said existing
buildings; provided, however, the front yard of such lot shall be
not less than eight feet. Where a lot adjoins only one lot line and
which projects beyond the established front yard line, the front yard
requirement on such lot may be the average of the front yard of the
existing building and the established front yard line; provided, however,
the front yard of such lot be not less than eight feet.
E.
Projections into yards. The following projections
into yards may be made, but in no case shall steps, an open porch,
a bay window, or other structure project beyond the established sidewalk
line or street line;
(1)
Accessory building.
(a)
The following projections into a rear yard are
permitted:
[1]
A garage attached to a one-family detached dwelling
and used exclusively for one or two noncommercial motor vehicles.
[2]
Any building detached from the main building,
but of the same architectural design as the main building, and used
exclusively for a permitted accessory use, including a private garage.
(b)
But such permitted projections are subject to
the following limitations:
[1]
No such projection shall occupy more than 35%
of the required rear yard.
[2]
No such projection shall exceed 15 feet in height.
[3]
No such projection shall be less than six feet
from any rear lot line.
[4]
No detached building permitted as a projection
shall be located less than 60 feet from the front lot line.
[5]
In the case of a corner lot where the rear lot
line abuts on the side line of an adjoining lot, no projection shall
be less than 25 feet from the side street line nor less than 10 feet
from the rear lot line.
[6]
In the case of a corner lot where the rear line
of the lot abuts on the rear line of a lot adjoining on the rear,
no projection shall be less than 15 feet from the side street line
nor less than two feet from any lot line.
[7]
A trailer shall not be considered an accessory
building.
(c)
Nothing in this section shall be construed to
prohibit the erection of a common or joint private garage which is
not an integral structural part of a main building on adjoining lots.
(2)
Auto port. An auto port or porte cochere may
be permitted over a driveway in a side yard, provided such structure
is not more than one story in height and 24 feet in length and does
not extend to within two feet of the side lot line and is entirely
open on at least three sides except for:
(a)
Necessary supporting columns and customary architectural
features.
(b)
The side of the carport away from the dwelling
may be closed to a height of three feet.
(c)
The rear may be closed with a toolshed or storage
compartment having a width of not more than four feet six inches in
the dimension parallel to the near side of the dwelling and separated
from the dwelling by a walkway at least three feet wide.
(3)
Cornice, sill or chimney. A cornice, eave, belt
course, sill or other similar architectural feature, if supported
entirely by the building of which it is a part (not including bay
window or other vertical projection), may extend or project into a
required side yard not more than two inches for each one foot of width
of such side yard and may extend or project into a required front,
side or rear yard not more than 30 inches. Chimneys may project into
a required front, side or rear yard not more than 20 inches. Sunshades
or canopies over windows or doors, if supported entirely by the building
to which they are attached, may extend or project into a required
front, side or rear yard not more than 41 inches.
(4)
Fire escape or open stairway. Open fire escapes
may extend into any required yard not more than four feet.
(5)
Porches. Any one-story or two-story enclosed
or unenclosed porch, covered by a permanent roof, shall be considered
a part of the building in the determination of the size of any yard
and shall not project into any required front, side or rear yard.
An open, unenclosed porch, steps, platform or landing place not covered
by a roof or canopy which does not extend above the level of the first
floor of the building may extend or project into any required front
or rear yard not more than four feet, but in no case shall such use
extend beyond the established street or sidewalk line. Any one-story
unenclosed porch covered by a permanent roof existing at the date
of this chapter and projecting into a required rear yard may, nevertheless,
be enclosed after the effective date of the amendment to this chapter
adding this sentence to this section.[1]
[1]
Editor's Note: This section was amended 10-12-1994
by Ord. No. 94-12.
(6)
In-ground swimming pools. An in-ground swimming
pool may extend to within 10 feet of the rear yard lot line, provided
that the in-ground pool has no structural covering and that the in-ground
swimming pool does not interfere with drainage or existing rights-of-way.
(7)
Fences and walls. Fences and walls may be constructed along
property lines entirely on the owner's property, provided they are
not in the public right-of-way area. No fence or other wall may be
constructed or placed in the public right-of-way.
[Amended 1-24-2005 by Ord. No. 2005-1; 6-16-2008 by Ord. No.
2008-08; 9-10-2012 by Ord. No. 2012-08]
(a)
In residential districts, fences and walls may not exceed six
feet in height from the rear property line to the front of the house
and may not exceed four feet in height from the front of the house
to the front property line.
(b)
In all other districts, fences and walls may not exceed eight
feet in height.
(c)
A land use permit is required for fences and walls of any height.
In addition, a building permit is required for fences and walls greater
than six feet in height. A building permit is required for walls greater
than four feet in height. Issuance of a permit does not authorize
a fence or wall construction on property other than that of the property
owner.
(e)
Materials and construction are regulated as follows:
[1]
If the fence is constructed of wood, plastic or vinyl, the framework
must face the interior of the lot.
[2]
If the fence is chain-link metal or aluminum supported by posts
or frames of either pipe or wood, the posts and frame must face the
interior of the lot.
[3]
A wall must have a finished surface on the exterior side.
[4]
Fence construction over Borough-owned utility, drainage or right-of-way
easements is permitted, provided a gate suitable for utility vehicle
and personnel access is provided. The Borough shall bear no responsibility
for replacement costs for a fence damaged or removed to allow Borough-authorized
personnel access to the Borough-owned utility, drainage or right-of-way
easement. Any additional cost incurred by the Borough to access the
easement because of the fence must be reimbursed to the Borough by
the property owner.
[5]
Fence construction over a pedestrian easement as defined in Chapter 258 of the Code of the Borough of Chambersburg entitled "Subdivision and Land Development," § 258-9, entitled "Standards of design and required improvements," shall not obstruct the easement unless provision is made for free passage for the entire length and width of the easement of all property owners having a beneficial interest in the easement or the general public if the easement is for use by the general public.
[6]
The Borough PA One Call utility locator must be consulted before
digging fence post holes in a Borough-owned utility, drainage or right-of-way
easement.
[7]
A fence constructed over a Borough-owned drainage easement must
have at least three inches of clearance from the bottom of the fence
to the ground.
[8]
Barbed wire is prohibited except in manufacturing zoning districts
and at utility structures, buildings accessory to government-regulated
communications facilities and customary farming operations relating
to livestock and poultry raising.
[9]
Electric wire is prohibited except at customary farming operations
relating to livestock and poultry raising.
[10]
Razor wire is prohibited.
F.
One-story additions may be made to existing single-family
detached dwellings in the Mature Zone which follow the existing building
line, and where the required side yard would not be met, provided
the property owner meets the following conditions:
(1)
The one-story addition would not be higher than
15 feet.
(2)
The property owner proposing the addition secures
in writing a notarized statement from the adjacent property owners
on either side of the proposed addition that they have no objection
to the proposed addition. The statement from adjacent property owners
shall acknowledge receipt of a drawing to scale showing the proposed
additions in relation to the adjacent property.
(3)
In all cases the property owner would have to
meet all other requirements or secure the necessary variance(s) from
the Zoning Hearing Board.
(4)
All such additions must be to the rear of the
property and may not be closer to the side property line than the
existing structures.
