It is the purpose of this article to provide
common regulations on certain activities or conditions and to provide
common standards affecting the construction of property improvements
which are not subject to specific zoning districts.
Nothing herein shall be interpreted as providing
limitations on specific controls delineated in prevailing zoning districts.
The controls imposed within this article shall be held to apply uniformly
throughout the Borough.
It is the responsibility of each landowner to
ensure that no land or structure in any zoning district shall be used
or occupied in any manner that creates any of the following activities
or conditions:
A.
Communicable disease hazards, including activities
that encourage the breeding of disease-prone insects and rodents.
B.
Activity that would create physically dangerous conditions,
especially activities that would be easily accessible by small children.
C.
Activity that would prevent a neighboring landowner
of ordinary sensitivities from making reasonable use of their property.
D.
Activity that would be a significant hazard to the
public health and safety because of serious explosive, fire, biological
or toxic hazards.
The Zoning Officer may request a review of a
possible groundwater hazard by DEP or by the Borough Engineer. If
a reasonable doubt exists about a potential hazard, the Zoning Officer
may require the applicant to present evidence from a qualified professional
engineer, geologist or soil scientist that a significant hazard to
the groundwater would not exist.
A.
Intent. The intent of this section is to protect the
water quality of surface waters in the Borough; to preserve physical
access to surface waters in case of future public acquisition; to
minimize erosion and sedimentation; to preserve the natural stormwater
drainage system of the area; and to conserve sensitive wildlife and
aquatic habitats.
B.
Setbacks from major surface waters.
(1)
Any building, paved surface, off-street parking
or commercial or industrial storage or display area other than street
or driveway crossings shall be set back a minimum of 75 feet from
the edge of the closest bank of the surface water.
(2)
Major surface waters are defined as the entire
length of the LeTort Spring Run.
C.
Exemption. The setbacks of this section shall not
apply to publicly owned recreational facilities.
D.
Setback areas and construction. During any grading
or construction activity, all reasonable efforts shall be made to
leave the setback area of this section undisturbed.
A.
All storage shall comply with the Borough Fire Prevention
Code.
B.
The Zoning Officer or the Zoning Hearing Board (in
the case of a special exception) shall require, where they deem necessary,
that a use include adequate and reasonable methods to prevent the
contamination of groundwater or surface waters. The burden of proof
shall be on the applicant to prove that any such measures are adequate.
Such methods may include a containment berm around potential pollutants
and/or the storage of potential pollutants on a nonimpervious surface.
A.
No person shall operate or cause to be operated on
private or public property any source of continuous sound in such
a manner as to create a sound level which exceeds the limits set forth
in the following table when measured at or within the property boundary
of the receiving land use:
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
|
Sound Level Limits By Receiving Land Use
And Time
| |||
|---|---|---|---|
|
Residential District or Land Use
|
Time
|
Sound Level Limit
(dBA)
| |
|
Residential or institutional zoning district
or existing dwelling
|
7:00 a.m. - 9:00 p.m.
|
65
| |
|
9:00 p.m. - 7:00 a.m., plus Sundays and state
holidays
|
55
| ||
|
Commercial or open space zoning district
|
At all times
|
65
| |
|
Industrial zoning district
|
At all times
|
75
| |
B.
For any source of sound which emits a continuous tone of approximately the same intensity, the minimum sound level limits set forth in § 255-182A shall be reduced by five dBA.
C.
The maximum permissible sound level limits set forth in § 255-182A shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
(2)
Repair or construction work to provide electricity,
water or other public utilities within the hours 7:00 a.m. and 9:00
p.m., except for clearly emergency repairs which are not restricted
by time.
(3)
Household power tools and lawn mowers between
the hours of 7:00 a.m. and 9:00 p.m.
(4)
Construction operations, including the occasional
use of explosives in construction, and repairs of public facilities,
including sidewalks and streets, within the hours of 7:00 a.m. and
9:00 p.m., except for clearly emergency repairs which are not restricted
by time.
(5)
Agriculture.
(6)
Motor vehicles traveling on state-owned streets.
(7)
Public celebrations specifically authorized
by the Borough.
(8)
Railroads and aircraft.
(9)
The unamplified human voice.
(10)
Bells or chimes of places of worship.
D.
For any source of sound which emits an impulsive sound
(a sound of short duration with an abrupt onset and rapid decay and
an occurrence of not more than one time in any fifteen-second interval),
the excursions of sound pressure level, regardless of time of day
or night or receiving land use.
E.
Air-conditioning units are specifically regulated
by this section.
A.
No person shall operate or permit the operation of
any device or conduct or permit any use to be conducted that creates
vibration which is above the vibration perception threshold of an
individual at or beyond the property boundary of the source, if on
private property, or at 50 feet from the course, if on a public space
or public right-of-way.
B.
For the purposes of Subsection A, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
A.
Air pollution. All uses shall comply with state and
federal regulations on air pollution.
B.
Odors. No use shall generate odors that would be seriously
offensive to persons of average sensibilities beyond the boundaries
of a lot line. Tighter standards on what is seriously offensive shall
apply in a residential district than in other districts.
C.
Manure, septage and sludge. Any spreading of manure,
septage or septic sludge shall follow DEP regulations and good soil
and water conservation and odor reduction practices. General standards
shall be those recommended by the Pennsylvania State University Agricultural
Extension Service.
D.
Open burning. No open burning shall be permitted in any district.
[Amended 5-8-2014 by Ord.
No. 2196, approved 5-8-2014]
(1)
For purposes of this § 255-180D, the words "open burning" shall mean the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
E.
Any outdoor burning which produces noxious smoke and causes personal
discomfort to the occupant of or person on any nearby property or
when atmospheric conditions or local circumstances make such fires
hazardous shall not be permitted. All fires must be attended to at
all times and completely extinguished by the person initiating the
outdoor burning or by the property owner when done.
[Added 5-8-2014 by Ord.
No. 2196, approved 5-8-2014]
A.
Street lighting exempted. This section shall not apply
to street lighting or lighting of municipal or school district recreational
facilities that are owned or maintained by the Borough, state, Carlisle
Area School District, Dickinson College or the Dickinson School of
Law of Pennsylvania State University.
B.
No use shall generate glare in such a way that lights
shine into the eyes of motorists and create a safety hazard or that
is seriously offensive to persons of ordinary sensibilities within
a dwelling.
C.
Height of lights.
(1)
No outside luminaire, spotlight or other light
source in a residential district, including lights attached to a post
or a building and lights that are part of signs, shall have a height
greater than 20 feet above the surrounding average finished ground
level. In nonresidential districts, this maximum height shall be 60
feet.
(2)
This shall not limit lights needed for air travel
safety or lights aimed directly towards a tower or steeple.
D.
Diffused. All light sources, including signs, shall
be properly diffused as needed with a translucent or similar cover
or shield or reflecting device to prevent exposed bulbs from being
directly visible from abutting streets or lots.
E.
Shielding. All light sources, including signs, shall
be shielded around the light source and carefully directed and placed
to prevent the lighting from creating a nuisance to adjacent dwellings
or residentially zoned areas and to prevent the lighting from shining
into the eyes of passing motorists.
F.
Maximum candlepower. No lighting source, including
signs, shall cause an illumination of greater than the following amounts,
measured at the lot line of the receiving lot or street:
(1)
At a residential lot line between the hours
of 10:00 p.m. and 7:00 a.m.: 0.2 footcandle.
(2)
At a residential lot between the hours of 7:00
p.m. and 10:00 p.m.: one footcandle.
(3)
At any lot line other than a residential lot
line or at the existing right-of-way line of a public street: three
footcandles.
G.
Flickering. Flickering or strobe lighting is prohibited.
H.
Measurement. The maximum illumination levels of this
section shall be measured with a photoelectric photometer having a
spectra) response similar to that of the human eye. The standards
of the International Commission on Illumination shall serve as a general
guide in measurements in case of uncertainty. A footcandle is defined
as a unit of measurement equaling the illumination on a surface one
square foot in area where there is a distribution of light having
a candlepower of one candela.
A.
Noise. No outdoor machinery, such as exhaust fans, central air-conditioning units, power generators or high-voltage electric transformers, shall produce noise that would violate the noise standards of § 255-178.
B.
Placement. Whenever reasonable, outdoor machinery
that could create a noise nuisance shall be placed on a side of a
commercial or industrial building that does not face an abutting existing
dwelling, residential district or other noise-sensitive use.
C.
Safety. Adequate fencing shall be provided as needed
to keep children away from hazardous machinery and equipment.
A.
No person shall conduct or permit any use to be conducted
which causes electrical disturbances, except from domestic household
appliances, to adversely affect any equipment outside of the property
from which the disturbance is being caused.
B.
No radioactive wastes, as defined by the United States
Environmental Protection Agency, shall be disposed of in any district,
nor be stored as a principal use. The storage of radioactive wastes
shall only be permitted if it occurs as a clearly customary and accessory
use to a hospital or laboratory.
A.
Definition. As used in this chapter, the term "performance standards" shall mean the requirements of Article XXIII.
B.
Intent. The intent of this section is to ensure that
all uses, especially industrial uses involving complex or unusual
processes, comply with the performance standards of this chapter and
do not threaten the public health and safety.
C.
Zoning Hearing Board Review. If a reasonable doubt
exists whether a proposed use would meet the performance standards
of this chapter, the Zoning Officer may request a determination by
the Zoning Hearing Board.
(1)
If the Zoning Hearing Board determines that
there is a potential threat that a use would not comply with the performance
standards of this chapter, the Zoning Hearing Board may require an
applicant to submit sufficient information on any storage, manufacture
or processing of materials that might involve explosive, toxic, hazardous
or radioactive substances to determine whether the use would meet
the performance requirements of this chapter.
D.
Studies may be required.
(1)
As part of a review by the Zoning Hearing Board
of a special exception use or a determination requested by the Zoning
Officer, the Zoning Hearing Board may require an applicant for a permit
under this chapter to fund such reasonable and necessary studies to
determine the use's compliance with the performance standards. Such
studies shall be completed by the expert(s) selected by the Zoning
Hearing Board, upon recommendation of the Borough staff. Such studies
should, whenever possible, be completed in written form within 45
days of the application for a permit under this chapter.
(2)
Cooperation. The applicant shall be required
to provide such information to the designated reviewer as to allow
an accurate determination of potential hazards.
E.
Monitoring. If a reasonable doubt exists that a use
would violate the performance standards, the Zoning Hearing Board
may require a use to fund such reasonable and necessary monitoring
to ensure its compliance.
F.
Backup systems. The Zoning Hearing Board may require
a use to provide a separate secondary safeguard system to protect
the public from serious nuisances and hazards under the performance
standards.
G.
Fire standards. (See the Borough Fire Prevention Code.)
The permanent stripping and removal of topsoil
from any lot is prohibited, except on portions of a lot for which
approval has been received to construct a building or paving. This
shall not restrict the temporary stockpiling of topsoil during construction,
nor routine crop farming practices.
See the Borough Subdivision and Land Development
Ordinance.[1]
A structure to be erected on a multiple frontage
lot shall have a front yard for each side of the lot which abuts a
public street or avenue, which yard shall meet the dimensions required
in the district in which the lot is located. The remaining sides not
abutting a public street or avenue shall be considered side yards
and shall have the dimensions required for side yards in the district
in which the lot is located. No rear yard setback shall be required.
The development of any lot, use or building
shall be in accord with any applicable approved plans under the Subdivision
and Land Development Ordinance.[1]
No proposed improvement shall be constructed
in a manner which unreasonably reduces or eliminates existing or potential
access for streets and utility easements to land which may be developed
at a future date.
[Amended 2-8-2007 by Ord. No. 2068, approved 2-15-2007]
The height limitations as set forth in the regulations
of each district shall not apply to spires of places of worship, belfries,
domes, public monuments, communication towers, windmills, chimneys,
smokestacks, flagpole masts, elevator shafts, roof areas and other
similar projections clearly neither intended nor used for human occupancy.
A.
Applicability. This section shall apply to any garden
apartment, townhouse, institutional, commercial or industrial use
or building that involves one or more new principal buildings.
B.
Access and traffic control.
(1)
No driveway or street to service a use subject
to the provisions of this section shall be located within 40 feet
from the intersection of any street right-of-way lines.
(2)
When any driveway or street provides access
for more than 10 parking spaces, the design shall be subject to review
by the Borough Council. No street or driveway shall create significant
traffic hazards endangering the public safety.
(3)
The Borough Council may require, upon advice
of the Borough Engineer, that the applicant shall install sufficient
safety and traffic control devices, including traffic signals, acceleration
or deceleration lanes, turning lanes, traffic and lane markings and
signs, to avoid safety or congestion hazards.
D.
Landscaping and screening. When required by the regulations
for a specific zoning district or use, landscaping and screening shall
meet the following regulations:
(1)
All required landscaping and screening shall
be in accordance with the approved land development plan. Where no
land development plan is required, the Zoning Officer may require
a plan to be submitted with the application for a building permit.
The required plan shall be drawn to a scale of not less than one inch
equals 50 feet and shall include:
(a)
Proposed contours at five-foot or more detailed
intervals.
(b)
Location, size and species of all existing trees,
with designation as to those which are to be removed and those which
are to remain.
(c)
Location, size, spacing and species of all proposed
vegetative materials that are being used to meet Borough requirements.
(d)
Outline of all proposed structures, sidewalks,
streets and other paved areas.
(2)
No permanent occupancy permit shall be issued
until all required landscaping and screening is in place and complies
with the approved plans.
(3)
Screening for the purpose of providing a visual
barrier shall be composed of plants and trees arranged to be intended
to reasonably form a complete visual screen at least six feet high
within four years of installation. Evergreen plant screening shall
be provided between any principal commercial or industrial use and
any contiguous lot line of a primarily residential use.
(4)
A required screen shall be composed of evergreen
trees at least four feet in height. If needed to provide room for
future growth, such trees shall be planted offset in two parallel
rows, with an approximate six-foot minimum distance between the trunks
of each of the plants, measured in one continuous direction.
(5)
Any area not used for buildings, structures,
paved areas or screening shall be planted with an all-season ground
cover and other landscape materials in accordance with the landscaping
and screening plan. Existing desirable vegetative materials shall
be preserved wherever possible.
(6)
All required plant materials shall be well-maintained,
and any that die shall be replaced by the present landowner.
Under the following conditions, in residential
or the C-4 Districts, the front yard building setback may be reduced:
A.
Where an existing front building line is established
by at least 50% of the properties in block in which the proposed subdivision
is located, the Planning Commission may decrease such required setback
to conform with such established building setback line.
B.
Where a vacant lot is situated between two lots, each
occupied by a principal building which extends into the required front
yard, the setback line of such vacant lot may be the average depth
of the front yard of such two adjacent occupied lots.
C.
Where a vacant lot adjoins only one lot occupied by
a principal building which extends into the required front yard of
such occupied lot, the setback line of such vacant lot may be the
average depth of the front yard of such adjacent lot and the front
yard required for the district in which such vacant lot is located.
A.
Within the C-1 Districts, building development may
occur, upon agreement of the Borough Council, within the air rights
located over the rights-of-way of dedicated alleys and local or minor
streets.
B.
Air rights shall be obtained from the Borough Council
through purchases or by a leasing arrangement.
C.
Buildings constructed over air rights shall be used
for any purpose allowed within the prevailing zoning district. In
case the area occurs in two districts, the most restrictive regulations
shall apply.
D.
No air rights over the cartway of a public street
may be used for buildings or structures below the twenty-foot level.
Every principal building shall be served by
public water and sewage services. However, if the Borough would allow
a dwelling unit without both public water and sewage services, then
a minimum lot area of one acre shall apply.
This section applies to traffic studies for
developments that do not need a zoning change.
A.
Uses requiring a traffic study. At the time of any
required preliminary plan submittal for any of the following under
the Subdivision and Land Development Ordinance, or when required by
the Borough Engineer or Zoning Officer at the time of any application
for a conditional use or special exception for any of the following
uses, the applicant shall submit a traffic study and a written report:
(1)
More than 120 dwelling units.
(2)
More than 20,000 square feet of total floor
area of commercial space.
(3)
More than 30,000 square feet of total floor
area of office space.
(4)
Any truck terminal, or more than 60,000 square
feet of total floor area of industrial space.
(5)
More than 30,000 square feet of total floor
area of institutional space.
(6)
Any use or combination of uses that would generate
results greater than 1,500 trips per day.
B.
Scope of study. A traffic study shall meet all the requirements and procedures listed in § 255-246B(7)(d) of this chapter.
