The regulations contained within this Article III shall apply to all uses within the Borough.
[Amended 1-30-1996 by Ord. No. 537; 1-30-1996 by Ord. No. 538; 3-28-2000 by Ord. No. 567]
A.
Fences and walls.
(1)
No fence or wall (except livestock, required junkyard or tennis court
walls or fences or a retainer wall of a building permitted under the
terms of this chapter) shall be erected to a height of more than three
feet in a front yard and more than six feet in any other yard within
the Residential (R-1, R-2, R-3 and R-4), Conversion Office and Apartment
(COA) or Central Business District (CBD) Zones. No fences made in
whole or in part of wire with barbs, electrified wire and/or razor
wire shall be constructed, erected or maintained within the Residential
(R-1, R-2, R-3 and R-4), Conversion Office and Apartment (COA), Central
Business District (CBD) Zones or on any property currently used for
residential purposes or along any shared property line adjacent to
a property which is used for residential purposes.
(2)
Within the Highway Commercial (C-1) or Industrial (I) Zones, no fence
nor wall shall be erected to a height of more than 10 feet in any
yard. Fences within the Highway Commercial (C-1) and Industrial (I)
Zones may utilize wires with barbs as a security fence as long as
the barbed wire is installed in a horizontal fashion at a height which
is no less than eight feet above the highest adjacent grade; the use
of razor wire shall be prohibited.
(3)
Agricultural properties shall be permitted to use fencing which is
made in whole or in part of electrified wire or wire with barbs; provided,
however, that no such fence shall be placed along any public right-of-way
or adjacent to a residentially zoned property or a property which
has a residential use unless the wire fence is set back from the property
line and is furthermore protected from the residence by the installation
of a second fence designed and installed to keep the public away from
the potentially dangerous wire fence.
(4)
No fence shall block motorist's view of vehicles entering or exiting
the property or any other private or public street, alley or right-of-way.
B.
Swimming pools.
[Amended 9-27-2022 by Ord. No. 678]
(1)
All
pools with perimeter walls measuring 24 inches in height or more are
required to be enclosed by a four-foot-high fence with a self-latching
gate and shall be erected before any pool is filled with water.
(2)
All
aboveground pools four feet in height with removable stairs, flip-up
stairs or lockable gate on the stairs do not require a fence.
(3)
All
pools with an electric pump shall meet the current building code requirements.
(4)
All
permanent pools shall be located in the side or rear yard and shall
be a minimum of 10 feet from property lines.
(5)
All
pools regulated by the building code shall require a building permit.
(6)
All
regulated pools shall require a zoning permit.
(7)
All
permanent pools shall have an operable filtration system utilizing
chlorine, bromine or other antibacterial agent.
(8)
These
regulations shall not apply to man-made ponds, lakes or other impoundments
unless the primary use for their construction is swimming.
C.
Tennis courts. All tennis courts shall include an open-mesh permanent
fence 10 feet in height behind each baseline. Such fence shall extend
parallel to said baseline at least 10 feet beyond the court's playing
surface unless the entire court is enclosed. Any lighting fixtures
shall be arranged to prevent objectionable glare on adjoining property.
D.
Portable on-demand storage units.
[Added 11-14-2006 by Ord. No. 597]
(1)
A portable on-demand storage structure may be utilized as a temporary
structure within the Borough when in compliance with the standards
of this subsection. Any use of such structure within the Borough not
in compliance with this subsection shall be unlawful.
(a)
The term "portable on-demand storage structure" (PODS®)
shall be defined to be: any container, storage unit, shed-like container
or other portable structure that can be or is used for the storage
of personal property in a residential zone or approved temporary storage
in a commercial zone and which is located for such purposes outside
an enclosed building other than an accessory building or shed complying
with all building codes and land use requirements.
(b)
Before placing a PODS® unit on his or her property, a person
must submit an application and receive approval from the Borough Code
Office. An insurance certificate providing liability insurance in
the amount of $100,000, provided by the company supplying the PODS®,
and a review fee to be established from time to time by Borough resolution
must accompany the application. The registration application can be
obtained at the Borough office at 15 East High Street, Manheim, or
you may call (717) 665-2461, Extension 14, and one will be mailed
out to you.
(c)
A portable on-demand storage structure may be located as a temporary
structure within the Borough for a period not exceeding 10 days in
duration from time of delivery to time of removal. Only one PODS®
unit may be placed at any residential or commercial property at one
time and no more than two times in any given thirty-day calendar-day
period. Each time a unit is placed constitutes the payment of permit/review
fee. In the event of a fire or natural disaster, a review will be
conducted and extensions will be considered.
(d)
Such temporary structures located on private property, whenever
possible, shall not be located in the front yard and/or placed closer
than 10 feet to the property line unless placed on an existing impervious
driveway.
(e)
The placement of PODS® on the public street, sidewalk or
other public right-of-way within the Borough limits is prohibited
unless, due to the topography or other physical condition of the land,
it is impractical to place it on private property. Containers located
in public areas must be placed so as to create no traffic hazard from
neighboring driveways, alleys and/or streets. Placement on any public
property must be approved by Council.
(f)
No temporary storage unit shall be used to store solid waste,
construction debris, demolition debris, illegal or hazardous material,
or goods for a property other than the residential or commercial property
where the unit is located.
(g)
Such temporary structures may not exceed eight feet six inches
in height, eight feet in width or 20 feet in length and be maintained
in good condition. The applicant as well as the supplier shall be
responsible for ensuring that the unit shall have a presentable appearance
and be free from graffiti and unnecessary signage at all times. It
shall be the obligation of the owner or user of such temporary structure
to secure it in a manner that does not endanger the safety of persons
or property in the vicinity of the PODS®.
(h)
PODS® shall be prohibited in the flood zone.
(2)
Enforcement and penalties.
(a)
Failure to obtain permission for placement of such temporary
structures shall result in the issuance of an after-the-fact registration
fee set at two times the amount of the then current permit/review
fee generally associated with the placement of a portable on-demand
storage unit.
(b)
Any person who shall place a PODS® unit in violation of
this subsection shall, upon conviction before a Magisterial District
Judge, be sentenced to pay a fine not less than $100 and not more
than $1,000 together with the costs of prosecution and, upon default
in the payment thereof, be sentenced to undergo imprisonment for a
period not exceeding 30 days.
E.
Satellite dish antennas.
(1)
In any R-1, R-2, R-3, R-4, COA and CBD Zones, one ground-mounted
satellite dish antenna up to three feet in diameter may be permitted
by right, subject to the following criteria. The provisions of this
section shall not apply to wireless or cellular communications antennas
and towers and cellular sites.
[Amended 7-12-2011 by Ord. No. 622]
(a)
All installations must comply with all accessory use, yard,
height, bulk and setback requirements specified within the zone.
(b)
All installations shall be located (where possible) to prevent
obstruction of the antenna's reception window from potential permitted
development on adjoining properties.
(c)
All installations must include screening treatments located
along the antenna's nonreception window axis and low-level ornamental
landscape treatments along the reception window axis of the antenna's
base. Such treatments should completely enclose the antenna. Required
screening shall consist of evergreen plantings that provide eighty-percent
visual blockage of the area between ground level and a height of three
feet along the antenna's nonreception window axis. Required low-level
ornamental landscaping shall consist of vegetative materials that
are planted with sufficient density to form an enclosure with the
required screening around the base of the antenna. Ornamental landscaping
height will be determined by the installation's required elevation
alignments.
(d)
All installations shall be securely anchored to the ground to
prevent detachment during foul weather conditions. The applicant shall
furnish evidence (statements and/or drawings) indicating the foundation
method to be employed.
(e)
No transmission of video format data shall be permitted.
(f)
The allowance of a satellite dish antenna shall in no way place
any liability upon the Borough or its Zoning Hearing Board for the
obstruction of the antenna's reception window due to permitted construction
on adjoining or nearby properties. Any arrangements made to protect
the antenna's reception window shall be between private parties and
not the Borough.
(2)
In an R-1, R-2, R-3, R-4, COA or CBD Zone, one roof-mounted (to a
principal building) satellite dish antenna up to three feet in diameter
may be permitted by special exception, subject to the following criteria.
The provisions of this section shall not apply to wireless or cellular
communications antennas and towers and cellular sites.
[Amended 7-12-2011 by Ord. No. 622]
(a)
Demonstration by the applicant that compliance with the applicable
accessory yard, setback and height requirements would cause obstruction
of a ground-mounted satellite dish antenna's reception window; furthermore,
such obstruction involves factors beyond the applicant's control.
(b)
All applications must include certification by a commonwealth
registered engineer that the proposed installation complies with the
requirements listed in Section 622.0 of the BOCA National Building
Code/1990, and any subsequent amendments. Furthermore, written documentation
of such compliance, including load distributions within the building's
support structure, shall be furnished.
(c)
No transmission of video format data shall be permitted.
(d)
The satellite dish antenna must be set back at least the horizontal
distance equal to its maximum height from all property lines.
(e)
Any granting of a special exception for a satellite dish antenna
shall in no way place any liability upon the Borough or its Zoning
Hearing Board for the obstruction of the antenna's reception window
due to permitted construction on adjoining or nearby properties. Any
arrangements made to protect the antenna's reception window shall
be between private parties and not the Borough.
(3)
In any C-1 or I Zone, ground-mounted satellite dish antennas up to
12 feet in diameter may be permitted by right, subject to the following
criteria:
[Amended 7-12-2011 by Ord. No. 622]
(a)
All principal use installation shall comply with the area, height,
bulk and setback standards imposed upon principal uses.
(b)
All accessory use installations shall be located within those
yards specified for other accessory uses within the zone and comply
with other accessory use requirements.
(c)
All installations shall be securely anchored to the ground to
prevent detachment during foul weather conditions. The applicant shall
furnish evidence (statements and/or drawings) indicating the foundation
method to be employed.
(d)
An installation exceeding three feet in diameter shall be screened
from any adjoining residentially zoned land. Such screening can be
waived if the antenna is set back a distance at least five times its
diameter from the residentially zoned parcel.
(e)
Those installations used to transmit video format data shall
be completely enclosed by an eight-foot-high fence. Such fence shall
include signs warning of dangerous radiation levels, must be screened
from adjoining residentially zoned properties, and must be locked
at all times. This screening requirement can be waived if the fence
is set back a distance at least five times the diameter of the satellite
dish antenna from the residentially zoned parcel.
(f)
The allowance of a satellite dish antenna(s) shall in no way
place any liability upon the Borough for the obstruction of the antenna's
reception window due to permitted construction on adjoining or nearby
properties. Any arrangements made to protect the antenna's reception
window shall be between private parties and not the Borough.
(4)
In any C-1 or I Zone, roof-mounted satellite dish antennas may be
permitted by right, subject to the following criteria:
(a)
Demonstration by the applicant that compliance with the applicable
yard, setback and height restrictions would result in the obstruction
of the antenna's reception window if it were ground-mounted; furthermore,
such obstruction involves factors beyond the applicant's control.
(b)
The satellite dish antenna must be set back at least the horizontal
distance equal to its maximum height from all property lines.
(c)
All applications must include certification by a commonwealth
registered engineer that the proposed installation complies with those
standards listed in Section 622.0 of the BOCA National Building Code/1990,
and any subsequent amendments. Furthermore, written documentation
of such compliance, including load distributions within the building's
support structure, shall be furnished.
(d)
Those installations used to transmit video format data shall
be completely enclosed by an eight-foot-high nonclimbable fence. Such
fence shall include signs warning of dangerous radiation levels and
must be locked when unattended.
(e)
The allowance of a satellite dish antenna(s) shall in no way
place liability upon the Borough for the obstruction of the antenna's
reception window due to permitted construction on adjoining or nearby
properties. Any arrangements made to protect the antenna's reception
window shall be between private parties and not the Borough.
F.
Alternative energy sources. Except for those contained on farms,
wind energy conversion systems (WECS) shall not be permitted in the
front yard area of any property. Height regulations do not apply to
WECS units, provided that the height of the WECS unit shall not be
greater than the shortest distance measured along a horizontal plane
from the unit to any lot line. WECS units may be placed on the roof
of any structure, provided that the perimeter of the unit does not
cover 25% of the roof area of the structure on which the WECS unit
is placed. The additional height extension shall be so positioned
that the height of the WECS unit above the roof is less than the distance
measured along a horizontal plane from such unit to any lot line.
All transmission lines to and from any freestanding WECS unit or any
supporting building or structure shall be buried underground. Solar
energy units shall be permitted in any zone and subject to the requirements
of that zone.
G.
Ornamental ponds and wading pools.
(1)
Such structures shall comply with all accessory use setbacks.
(2)
No such impoundment shall contain more than 26.6 cubic feet of water (200 gallons). All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "man-made lakes, dams and impoundments" and are subject to the criteria listed in § 220-24H of this chapter.
(3)
No such impoundment shall have a length or diameter exceeding 15
feet nor a maximum depth exceeding two feet.
(4)
All such ponds or pools shall be maintained so as to not pose a nuisance
by reason of odor or the harboring of insects.
(5)
No such pond(s) shall be used for the commercial hatching of fish
or other species.
H.
Man-made lakes, dams and impoundments.
(1)
All lakes, dams, ponds and impoundments may be permitted in any zone,
subject to the following:
(2)
All dams, ponds, lakes and impoundments located along and connected
to a stream, that involve any of the following, shall require the
obtainment of a permit from the PA DEP Bureau of Dams and Waterways,
Division of Dam Safety, or a letter indicating that the proposed use
does not require a PA DEP permit:
(3)
All dams, ponds and impoundments not contiguous to a stream that
have an intake, outlet, or both, and/or have an embankment within
50 feet of a stream shall require the obtainment of a permit from
the PA DEP Bureau of Dams and Waterways, Division of Waterways and
Stormwater Management.
(4)
All dams, ponds and impoundments shall be located at least 75 feet
from adjoining lot lines and any subsurface sewage disposal system
or well.
(5)
All other dams, ponds and impoundments require the submission of
a statement by a qualified engineer that the proposed use is properly
constructed and will not pose a threat to the public safety nor the
environment during normal flow conditions and those associated with
the base flood. All dams shall be constructed to a height of one foot
above the water surface elevation occurring during the base flood.
(6)
Requirements for fencing. All ponds constructed within areas subject
to livestock shall be enclosed by fencing that prevents livestock
from trampling the pond's shores and polluting the waters.
(7)
Maintenance. All ponds shall be regularly maintained, and floating
debris shall be removed from all pipes and spillways. All ground cover
shall be trimmed. Weeds, brush and trees shall not be permitted to
grow on the dam or spillway.
I.
Garage/yard sales. Within any zone, an owner and/or occupant may
conduct up to two garage/yard sales per year. No garage or yard sale
shall be conducted for a period longer than three consecutive days.
Such sales may offer for sale personal possessions; no import or stocking
of inventory shall be permitted. Only one four-square-foot sign shall
be permitted, advertising the garage/yard sale, located upon the premises
where the sale occurs, and shall be removed promptly upon the completion
of the sale. In no case shall any aspect of the garage/yard sale be
conducted in a street right-of-way. The conduct of garage sales beyond
the extent described herein represents a commercial business and requires
appropriate zoning authorization.
J.
Accessory repair of personal motor vehicles. The Borough understands
the need to provide residents the flexibility to perform routine maintenance,
repair and servicing of personal motor vehicles, owned and/or leased
by the person performing such services. Each individual performing
such work has an obligation to other residents to assure that the
work is done in a safe manner and in such a way that it does not become
a visual or audible nuisance. Routine maintenance, repair and servicing
of personal motor vehicles is permitted, subject to the following:
(1)
All vehicles shall be maintained with proper licensure.
(2)
All work shall be performed on the vehicle owner's (lessee's) property
of residence.
(3)
Work shall be limited to minor repairs that, due to their general
scope, are felt to have minimum, if any, impact on neighboring residents.
The following listing is provided as a guideline of the types of activities
which are permitted:
(a)
Servicing and replacement of spark plugs, batteries, distributors
and distributor parts.
(b)
Repair and replacement of tires and wheels, excluding recapping
and regrooving.
(c)
Replacement of water hoses, fan belts, brake fluid, transmission
fluid, oil filters, air filters, oil, grease, light bulbs, fuses,
floor mats and carpeting, seat covers, seat belts, windshield wipers,
mirrors and engine coolant.
(d)
Repair and replacement of car radios, tape players, amplifiers
and speakers.
(e)
Cleaning and flushing of radiators, only when flushed into watertight
catch basin.
(f)
Repair and replacement of fuel pump, oil pump and line repairs.
(g)
Minor servicing and adjustment of carburetors.
(h)
Minor motor adjustment not involving the removal of the motor
head or crankcase nor the revving of the motor.
(i)
Minor body repairs, excluding the replacement of body parts,
the complete repainting of the body, and the application of undercoating.
(j)
Cleaning of all exterior and interior surfaces, including washing,
shampooing, vacuuming, rubbing, polishing, waxing and the application
of paint sealants.
(4)
All by-products or waste fuels, lubricants, chemicals and other products
shall be properly disposed of.
(5)
All activities provided in § 220-24J(3) shall be conducted during daylight hours or within an enclosed garage so as not to disturb neighboring residents.
(6)
Use of compressed-air-driven tools shall be limited so as not to
disturb neighboring residents owing to noise.
(7)
The practice of jacking up or raising a vehicle off the ground shall
be permitted for limited periods, subject to the following:
(a)
The area on which the vehicle is located shall be relatively
level and shall be somewhat remote to passersby.
(b)
The method of raising the vehicle shall be safe and shall provide
a structurally stable base which can resist lateral forces.
(c)
The vehicle shall not be left unattended for prolonged periods.
(d)
The work area shall not be readily accessible to or create an
attractive nuisance for children.
(e)
Vehicles which are located in an enclosed garage are exempt from the provisions of § 220-24J(7)(a) through (d).
K.
Pet project. The Borough understands the desire by families to educate
their children with reference to the raising of animals not typically
found within a borough. Furthermore, the Borough realizes that, due
to its close proximity to farms, opportunities may present themselves
for families to get involved in programs through organizations such
as 4-H, FFA and FHA which promote such educational programs. The following
criteria shall apply for those instances where a family desires to
undertake such a project:
(1)
In any R-1, R-2, R-3, R-4 and COA Zone, the establishment of a pet
project (designed to provide for the raising of a limited number of
a single specific species of animal) shall be permitted as an accessory
use to any single-family property.
(2)
The applicant's son, daughter or other resident of the premises shall
be affiliated with a recognized organization such as the 4-H, FFA
or FHA, and the desired pet project shall be one recognized by the
said organization.
(3)
The applicant shall provide a letter, as provided herein, from the
Pennsylvania Game Commission or other appropriate state or federal
agency for any proposed pet project which is designed to be a wildlife
restocking project.
(5)
The animal(s) associated with a pet project shall be housed in a
proper pen, the design for which shall be submitted for review and
approval and shall provide as follows:
(a)
The structure shall incorporate no less than three walls and
a sufficient roof area to provide a weatherproof shelter. Materials
used in the construction of the pen shall be those rated for exterior
use and exposure, with a sufficient system of anchoring designed to
resist local wind loads.
(b)
The keeper of such animal(s) shall show that adequate facilities
for the feeding and watering of the subject animal(s) will be provided.
(c)
The keeper of such animal(s) shall show that adequate provisions
are being implemented to collect, store and dispose of the droppings
and other litter associated with the keeping of the subject animal(s).
The containers to be used in the process shall be kept covered and
shall be cleaned on a regular basis to avoid the potential for detectable
odors.
(d)
The keeper of such animal(s) shall show that the feed and bedding
shall be stored and kept in ratproof, weatherproof and fly-tight containers,
and that every such container shall be kept closed.
(e)
The applicant shall show that a sufficient fenced in area will
be provided which is conducive to the type of animal(s) to be associated
with the pet project, with the restriction that the area shall not
exceed 100 square feet including any pen.
(f)
The height of the fencing shall be sufficient to keep the animal(s)
within the pen and shall be adequately constructed to prevent the
animal(s) from being able to escape from its confines.
(g)
The land on which the pen is located shall be graded so that
drainage shall not be directed at or onto adjacent properties and
so that ponding of stormwater cannot occur in any manner which could
create a public nuisance or health hazard.
(6)
The pen structure and/or all fencing associated with the pet project
shall not be located in any front yard area and shall be located no
less than 10 feet from all side and rear lot lines, but in no case
closer than 15 feet from the public right-of-way of any street or
alley.
(7)
The owner/applicant shall exercise proper care and control of the
animals associated with any approved pet project. Such animals shall
not be permitted to run at large upon the property, other than within
the confines of the approved and established pen.
(8)
Applicants shall receive approval for the establishment of a pet
project and shall construct the necessary pen which shall receive
Borough approval prior to having the intended animal on the premises.
(9)
The pet project shall not be related to the raising of any animal(s)
for commercial use or for profit.
(10)
In addition to the provisions found herein, the applicant's
activities shall be required to be in accordance with any and all
state and federal guidelines.
(11)
The applicant for a pet project shall provide credible evidence
that the subject premises is in compliance with the provisions of
household pet with reference to the limit of four adult animals.
(12)
Permits for pet projects shall be revoked and the animal(s)
shall be removed if the animal or the maintenance of the pen or associated
improvements are determined to be a public nuisance, as defined herein.
In addition, failure of the applicant to keep the animal(s) within
the pen area shall also constitute a public nuisance and may be grounds
for revoking the pet project permit and for the removal of the animal(s).
(13)
Animal(s) which are not specifically listed herein are intended
to be excluded and will be handled on a case-by-case basis by the
Manheim Borough Zoning Hearing Board as a variance.
(14)
No portion of these provisions shall be interpreted to replace
or modify the provisions of kennels as provided herein.
M.
Dumpster
enclosures. In multiple-family dwellings, commercial, industrial and
other nonresidential developments, garbage storage shall be centralized.
All existing and future dumpster placement shall comply with the following:
Consideration for placement will be based on the service area access
in relation to the public right-of-way, building location, closest
residential dwelling unit and vehicular and pedestrian circulation
routes.
[Added 9-27-2022 by Ord. No. 678]
(1)
Any
dumpster two yards or more shall be located in the rear or side yard.
Dumpsters may be placed in the front yard if the front yard is the
only access for pick up and if the front yard borders a street or
alley.
(2)
Setback
from dwellings. Any dumpster two yards or more shall be kept a minimum
of 20 feet from the walls of a dwelling unit on an abutting parcel
or 10 feet minimum from an adjoining property line whichever is furthest
removed from the adjacent dwelling unit.
(3)
Dumpsters
shall be enclosed on three sides with an opaque architectural screen,
fence or wall that is a minimum of six feet and maximum of eight feet
in height.
(4)
Dumpster
pads shall be at least two feet larger than the dumpster on all sides.
Wheel stops or bollards shall be permanently affixed to the pad at
least one foot inside the perimeter of the pad to prevent dumpsters
from striking the enclosure during collection. The base of the enclosure
must be poured concrete and shall extend three feet beyond the front
opening of the enclosure as an apron. All concrete must be level with
adjacent asphalt.
(5)
Dumpsters
shall have an attached lid which shall be kept closed when not in
immediate use.
(6)
The
dumpster area shall remain clean and free from trash, litter, bags,
boxes, rubbish, garbage, etc.
(7)
This
section shall not apply to dumpsters that are placed for construction,
demolition, or any other temporary purpose.
(8)
If
there are any conflicts with existing dumpster requirements within
other Borough ordinances, the most restrictive shall apply.
A.
Recreational vehicles, boats, campers, trailers, motor homes and
trucks. Within any residential zone or upon any property used principally
for residential purposes, the storage of recreational vehicles, travel
trailers, boats (including trailers), campers, motor homes, fifth-wheels,
and trailers used solely for the transport of the residents' recreational
vehicle(s) is permitted only according to the following requirements.
(1)
For the purposes of this section, recreational vehicles shall be
divided into two separate categories:
(a)
Class I vehicles. Those vehicles which are either self-contained
(such as motor homes) or which are dependent upon an external connection
to a motorized vehicle (such as a boat-and-trailer combination), that
possess no more than 200 square feet, as measured to the vehicle's
outermost edges (excluding hitching mechanism), nor exceed a height
of 10 feet, as measured from the ground to the highest point of the
main body of the vehicle. Vehicle height shall not be measured on
vehicle accessories (e.g., air conditioners, vents, hatches, masts,
antennas, outrigging fishing poles, etc.), but will be measured to
the highest point of any flybridge or other boat console.
(b)
Class II vehicles. Those vehicles which are either self-contained
(such as motor homes) or which are dependent upon an external connection
to a motorized vehicle (such as a boat-and-trailer combination), that
possess more than 200 square feet, as measured to the vehicle's outermost
edges (excluding hitching mechanism) and/or exceed a height of 10
feet, as measured from the ground to the highest point of the main
body of the vehicle. Vehicle height shall not be measured on vehicle
accessories (e.g., air conditioners, vents, hatches, masts, antennas,
outrigging fishing poles, etc.), but will be measured to the highest
point of any flybridge or other boat console.
(2)
The temporary parking of one Class I or Class II vehicle for periods not exceeding one week during any thirty-day period is permitted on or adjacent to a paved or gravel driveway in any front yard, so long as the vehicle is set back no less than 10 feet from any street right-of-way and five feet from adjoining property lines, provided that the provisions of § 220-28 shall apply on corner lots.
(3)
The storage of Class I or Class II vehicle(s) shall be permitted
behind the building setback line, so long as the unit is set back
no less than five feet from an adjoining lot line or rear alley right-of-way.
All areas used for storage of Class I or Class II vehicles shall be
maintained so as to keep vegetation properly trimmed. All vehicles
shall display proper licensure and shall be maintained in such a manner
as to prevent the leakage of fuels and/or lubricants into the ground.
(4)
The storage of Class I or Class II vehicles shall not occur between the street and the front building setback line, except as provided in § 220-25A(2) of this chapter. On vacant lots, the Class I and Class II vehicles must be stored behind the required front yard setback line, as specified for principal uses.
(5)
Vehicles which possess more than 320 square feet, as measured to
the vehicle outermost edges, and/or which exceed a height of 13 feet,
as measured from the ground to the highest point of the main body
of the vehicle. Vehicle height shall not be measured on vehicle accessories
(e.g., air conditioners, vents, hatches, antennas, masts, outrigging
fishing poles, etc.), but will be measured to the highest point of
any flybridge or other boat console; shall not be permitted on any
residentially zoned property or upon any property used principally
for residential purposes.
(6)
The storage or parking of any commercial truck upon any residentially
zoned lot or lot used principally for residential purposes is prohibited.
For purposes of this section, commercial trucks shall include those
that exceed a gross vehicle weight (truck plus rated payload) of 10,000
pounds. In addition, the parking or storage of any trailer other than
those accessory to a principal residential use is expressly prohibited
on any residentially zoned lot or a lot used principally for residential
purposes.
(7)
Only one of each permitted recreational vehicle, boat, camper, trailer,
motor home, truck, pull-behind trailer or cart, licensed or not, are
permitted to be kept or stored on a property unless permitted by the
zoning ordinance.
[Added 9-27-2022 by Ord. No. 678]
B.
Outdoor stockpiling. In all zones, no outdoor stockpiling of any
firewood, lumber or construction materials or outdoor storage of trash
is permitted in a front or side yard. In any residential zone, the
outdoor stockpiling of materials for more than 90 days is prohibited.
Firewood shall be permitted to be kept for up to one year, and shall
not be infested or severely deteriorated. Firewood shall be stacked
in a neat and orderly manner and may not be stacked closer than two
feet to any lot line and not higher than six feet from grade, except
adjacent to a fence (on the same property) where firewood can be stacked
against the fence as high as the fence. No firewood shall be supported
by or leaned against any fence or structure on an adjacent property.
The term "fences" does not mean or include hedges and other vegetation
for purposes of this section.
[Amended 9-27-2022 by Ord. No. 678]
D.
Dumpsters. All trash dumpsters shall be located within a side or
rear yard, screened from adjoining roads and properties, and completely
enclosed within a masonry or fenced enclosure equipped with a self-latching
door or gate.
E.
Domestic composts. The placement of framed enclosure composts as
an accessory residential use is permitted, subject to all accessory
use setbacks. Only waste materials from the residential site shall
be deposited within the compost, and in no case shall meat or meat
by-products be composted. All composts shall be properly maintained
so as not to become a nuisance to nearby properties.
A.
New developments. The following table shall be utilized wherein a
subdivision or land development plan will create two or more lots:
|
Street or Extension Thereof
|
Required Setback as Measured from the Center Line of Existing
or Proposed Street
| |
|---|---|---|
|
North Main Street
South Main Street
|
90 feet, except that all buildings located along Main Street
between Colebrook and Stiegel Streets shall be located along a ten-foot
front build-to-line, as measured from the edge of the right-of-way
| |
|
East High Street
West High Street
New Charlotte Street (east of Main Street)
|
80 feet
| |
|
North Penn Street
South Penn Street
North Linden Street
South Linden Street
Hamaker Road
West Colebrook Street (west of Main Street)
Adele Avenue (east of North Laurel Street)
|
60 feet
| |
|
All other existing and proposed streets
|
50 feet or the width of a proposed right-of-way, whichever is
greater
|
B.
Front setback of buildings on built-up streets. Where a single building
lot exists in an area which is predominantly built-up, the front setback
shall be determined by computing the average front setback of all
primary structures of the same type use on any property which is within
100 feet of the vacant parcel, to be measured along the extension
of the front property line. In all such cases, this established setback
line shall be considered the required build-to line, providing that
the new structure must be built at this limit or within a maximum
limit which shall be established as a parallel line 10 feet to the
rear of the established setback line.
C.
Accessory or appurtenant structures. The setback regulations do not
apply to:
(1)
Bus shelters, telephone booths and cornices, eaves, chimneys, steps,
canopies and similar extensions but do apply to porches and patios,
whether covered or not.
(2)
Open fire escapes.
(3)
Minor public utility structures, articles of ornamentation or decoration.
(4)
Fences, hedges and retaining walls.
A.
The height regulations do not apply to the following structures or
projections, provided such structures or projections are set back
a horizontal distance at least equal to their height from any property
line:
(1)
Water towers, antennas, steeples, utility poles, smokestacks, chimneys,
farm silos, windmills, flagpoles or other similar structures.
(2)
Rooftop structures for the housing of elevators, stairways, water
storage tanks, ventilating fans and other mechanical appurtenances.
(3)
Parapet walls or cornices used solely for ornamental purposes if
not in excess of five feet above the roofline.
B.
In no case shall any freestanding or rooftop structure above the
maximum permitted height be used for the purpose of providing additional
floor space for residential, commercial or industrial purposes.
A.
A front yard, as provided for in the area and lot requirements for
the various zones, shall be required along each street on which a
corner lot abuts.
B.
On corner lots, no such structure or growth shall be permitted within
an area which is formed by a triangle where the two legs of the triangle
extend 100 feet from the center-line intersection of the two intersecting
streets.
[Amended 9-27-2022 by Ord. No. 678]
All dwelling units must conform to the minimum habitable floor
area following:
A.
Single-family, duplex and townhouse dwelling units: 700 square feet
per dwelling unit.
B.
Multifamily dwellings: 700 square feet per dwelling unit.
C.
Conversion apartments: 700 square feet per dwelling unit.
D.
Efficiency apartments: 500 square feet per dwelling unit.
E.
Accessory dwelling suites: between 450 to 550 square feet per dwelling
unit.
More than one principal use may be erected on a single lot,
provided that all lot and yard requirements, standards, and other
requirements of this chapter shall be met for each structure as though
it were on an individual lot. In addition, such proposals shall gain
approval for a land development plan and provide individually approved
methods of sewage disposal.
Every building hereafter erected or moved shall be on a lot
adjacent to a public street or with access to an approved private
street. The erection of buildings without approved access shall not
be permitted. Approved access shall be defined in terms of the Lancaster
County Subdivision and Land Development Ordinance, as may be amended
from time to time, for street design or as subsequently provided for
by the Borough.
A.
Number per lot. No more than one driveway/access drive connection
per lot shall be permitted.
B.
Setbacks. Driveways and access drives shall not connect with a public
street within 40 feet of the right-of-way lines of any intersecting
streets, within five feet of a fire hydrant, nor within three feet
of adjoining lot lines.
C.
Clear-sight triangle. Driveways and access drives shall be located
and constructed so that a clear-sight triangle as depicted below is
provided. Two apexes of the triangle shall be located in both directions
along the street center line 75 feet from a point where the center
line of a driveway/access drive and street intersect. The vertex of
the triangle shall be located along the center line of the driveway/access
drive, on the site and five feet from the property/street right-of-way
line. No permanent obstructions and/or plant materials over three
feet high shall be placed within the clear-sight triangle.
|
D.
Slope. A driveway/access drive shall not exceed a slope of 8% within
25 feet of the street right-of-way lines.
E.
Road classification. Access shall be provided to the street of lesser
classification when there is more than one street classification involved.
F.
Width. No curb cut shall exceed 24 feet in width, unless required
by PennDOT. Unless otherwise specified, the maximum cartway width
of the access drive, located between the street cartway and the street
line, shall not exceed the area necessary to accommodate the minimum
required cartway width and the minimum required tangential arc of
the intersecting cartways.
G.
PennDOT permit. Any driveway/access drive intersecting with a state-owned
road shall require the obtainment of a permit from the Pennsylvania
Department of Transportation.
H.
Drainage. Driveways/access drives shall not be constructed in a manner
to be inconsistent with the design, maintenance and drainage of the
street.
A.
Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use so as to alleviate traffic congestion on streets, except that no off-street parking spaces shall be required for nonresidential uses within the CBD, in accordance with § 220-18L(1) of this chapter.
[Amended 11-12-2019 by Ord. No. 667]
B.
Parking for single-family dwellings. Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or driveways. Additional regulations pertaining to driveways are contained in § 220-32 of this chapter. The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family dwelling.
C.
Site plan approval.
(1)
Each application for a zoning permit (for a use for which parking
spaces are required) shall include a drawing (site plan) showing the
proposed layout of the lot. The drawing shall clearly indicate all
of the design elements required below.
(2)
No zoning permit shall be issued for any use for which parking spaces
are required unless the site plan has been approved or necessary variances
have been obtained.
D.
Surfacing. All parking lots shall be constructed and maintained with
a paved surface of concrete or bituminous materials or another dust-free
surface approved by the Borough Council.
E.
Separation from streets and sidewalks. Parking spaces shall be guarded
by curbs or other protective devices which are arranged so that parked
cars cannot project into the streets, yards or walkways.
F.
Drainage. Parking lots shall be graded to a minimum slope of 1% to
provide for drainage. Adequately sized inlets and storm sewers shall
be provided to discharge stormwater in accordance with a plan to be
approved by the Borough.
H.
Design standards for handicapped parking spaces. Parking spaces for handicapped persons shall be provided in accordance with those laws and regulations listed in § 220-41 of this chapter.
I.
Interior drive widths.
(1)
Interior drives between rows of parking spaces shall have the minimum
widths indicated in the following table:
|
Angle of Parking
(degrees)
|
Width of Driveway, One-Way Traffic
(feet)
|
Width of Driveway, Two-Way Traffic
(feet)
| |
|---|---|---|---|
|
90°
|
25
|
25
| |
|
60°
|
20
|
22
| |
|
45°
|
18
|
22
| |
|
30°
|
11
|
22
| |
|
Parallel
|
11
|
22
|
(2)
Interior drives in areas where there is no parking permitted shall
be at least 11 feet wide for each lane of traffic.
J.
Marking of parking spaces and interior drives. All parking lots shall
be adequately marked and maintained for the purpose of defining parking
spaces and interior drives. As a minimum, the lines of all parking
spaces and interior drives (including directional arrows, etc.) shall
be solid white and four inches in width. Painted lines, arrows and
dividers shall be provided and maintained to control parking when
necessary to direct vehicular circulation. Parking areas for over
30 vehicles shall be divided by permanent raised curbing that clearly
defines parking spaces from designated access lanes.
K.
Not less than a four-foot radius of curvature shall be permitted
for horizontal curves in parking areas.
L.
All dead-end parking lots shall be designed to provide sufficient
backup area for all end spaces.
M.
Lighting. Adequate lighting shall be provided in accordance with
§ 603.08 of the Lancaster County Subdivision and Land Development
Ordinance. The lighting shall be arranged so that it is not directed
at land used for residential purposes or adjoining lots or streets.
N.
Access drive requirements. Every parking lot shall be connected to a street by means of an access drive. This access drive shall be at least 12 feet wide for each lane, exclusive of curb return and gutters. Section 220-32 specifies other requirements for access drives.
O.
Landscaping and screening requirements. The following landscaping
and screening requirements shall apply to all parking lots:
(1)
Landscaped strip.
(a)
When a parking lot is located in a yard which abuts a street,
a landscaped strip shall be provided on the property along the entire
street line. If there is no building or other structure on the property,
the parking lot shall still be separated from the street by the landscaped
strip. This strip shall be measured from the street right-of-way line.
The strip may be located within any other landscaped strip required
to be located along a street. The following lists required width of
landscape strips:
|
Number of Spaces in Parking Lot, Including Joint Facilities
|
Landscape Strip Width Measured from Street Right-of-Way
Line
(feet)
| |
|---|---|---|
|
Less than 100
|
15
| |
|
100 to 250
|
20
| |
|
Over 250
|
25
|
(b)
Unless otherwise indicated, all parking lots constructed in
side or rear yards (as defined herein) shall be set back a minimum
of 10 feet from all property lines. Such setbacks shall be used for
landscape strips.
(2)
Interior landscaping.
(a)
In any parking lot containing 20 or more parking spaces (except
a parking garage), 5% of the total area of the lot shall be devoted
to interior landscaping. Such interior landscaping may be used, for
example, at the end of parking space rows to break up rows of parking
spaces at least every 10 parking spaces and to help visually define
travel lanes through or next to the parking lot. Landscaped areas
situated outside the parking lot, such as peripheral areas and areas
surrounding buildings, shall not constitute interior landscaping.
For the purpose of computing the total area of any parking lot, all
areas within the perimeter of the parking lot shall be counted, including
all parking spaces and access drives, aisles, islands and curbed areas.
Ground cover alone is not sufficient to meet this requirement. Trees,
shrubs or other approved material shall be provided. At least one
shade tree shall be provided for each 300 square feet (or fraction)
of required interior landscaping area. These trees shall have a clear
trunk at least five feet above finished grade level.
(b)
Parked vehicles may not overhang interior landscaped areas more
than 2 1/2 feet. Where necessary, wheel stops or curbing shall
be provided to ensure no greater overhang.
(c)
If a parking lot of under 20 spaces is built without interior
landscaping, and later additional spaces are added so that the total
is 20 or more, interior landscaping shall be provided for the entire
parking lot.
(3)
Screening. When a parking lot is located on property which adjoins
land in a residential zone, the parking lot shall be screened from
the adjoining residential property.
P.
Speed bumps.
(1)
Speed bumps, constructed as part of access drives or parking lots,
shall be marked with permanent, yellow diagonal stripes.
(2)
The speed bumps shall be in the form of mounds or depressions in
the pavement and shall be designed to restrain motor vehicle speed.
(3)
There shall be a warning sign posted at each entrance to a parking
area having speed bumps.
(4)
In no case shall the overall height (or depth) of speed bumps exceed
three inches.
Q.
Joint parking lots. In commercial shopping centers over three acres
in size, joint parking lots may be permitted. These joint facilities
can reduce the total number of parking spaces required by a maximum
of 20%. Therefore, the resulting joint parking lot will be required
to provide at least 80% of the total number of spaces required by
the sum of all of the shopping center's tenants. Such reduced parking
spaces must be appropriately distributed upon the lot to provide convenient
walking distance between every vehicle and each of the shopping center's
stores.
R.
Prohibited uses of a parking lot. Automobile parking lots are for
the sole purposes of accommodating the passenger vehicles of persons
associated with the use which requires them. Parking lots shall not
be used for the following:
(1)
The sale, display or storage of automobiles or other merchandise.
(2)
Parking/storage of vehicles accessory to the use.
(3)
Performing services (including services to vehicles).
(4)
Required off-street parking space shall not be used for loading and
unloading purposes, except during hours when business operations are
suspended.
S.
Schedule of required parking spaces. Except as noted in § 220-18L, the following lists required numbers of parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use:
|
Type of Use
|
Minimum of One Parking Space for Each
| |
|---|---|---|
|
Commercial Uses
| ||
|
Automobile repair, filling and washing facilities
|
400 square feet of gross floor and ground area devoted to repair
and service facilities in addition to areas normally devoted to automobile
storage, and 1 per employee on major shift
| |
|
Automobile, boat and trailer wales
|
1,000 square feet of gross indoor and outdoor display areas
| |
|
Carpeting, drapery, floor covering and wall covering sales
|
500 square feet of gross floor area
| |
|
Convenience stores
|
75 square feet of gross floor area
| |
|
Drive-through and/or fast-food restaurants
|
2 seats, and 1 for each 2 employees
| |
|
Food markets and grocery stores
|
150 square feet of gross floor area for public use, and 1 per
each employee on 2 largest shifts
| |
|
Funeral homes
|
100 square feet of gross floor area, 1 per each employee and
1 per each piece mobile equipment, such as hearses and ambulances
| |
|
Furniture sales
|
500 square feet gross floor area
| |
|
Hotels, motels, tourist homes
|
guest sleeping room, and 1 per each employee on 2 largest shifts.
(Restaurants and other accessory uses shall add to this requirement.)
| |
|
Mini warehouses
|
25 units, plus 1 per 250 square feet of office space, plus 2
per any resident manager
| |
|
Office buildings
|
300 square feet of gross floor area
| |
|
Professional offices of veterinarians, physicians, dentists,
etc.
|
4 spaces per each physician or dentist, etc., plus 1 space per
each support staff employee
| |
|
Retail stores or shops (except those listed above)
|
200 square feet of gross floor area of display area or sales
area, and 1 per each employee on 2 largest shifts
| |
|
Restaurants
|
4 seats, plus 1 per each employee on largest shift
| |
|
Shopping centers or malls
|
182 square feet of gross leasable floor area
| |
|
Other commercial buildings
|
400 square feet of gross floor area
| |
|
Industrial Uses
| ||
|
Industrial and heavy manufacturing establishments
|
2 employees on the 2 largest shifts or at least 1 space per
each 1,000 square feet of gross floor area, whichever is the greatest
number
| |
|
Warehousing
|
employee on the 2 largest shifts
| |
|
Recreation Uses
| ||
|
Amusement arcades
|
80 square feet of gross floor area
| |
|
Athletic fields
|
4 seats of spectator seating; however, if no spectator seating
is provided, a temporary parking area shall be provided on the site.
Such area must provide sufficient numbers of spaces to serve all users
of the site and include a fence delineating such parking area
| |
|
Bowling alleys, billiards rooms
|
1/4 lane/table, and 1 per each 2 employees
| |
|
Campgrounds
|
campsite, plus 1 per employee, plus 50% of the spaces normally
required for accessory uses
| |
|
Golf courses
|
1/8 hole, plus 1 per employee, plus 50% of the spaces normally
required for accessory uses
| |
|
Golf driving ranges
|
Tee, and 1 per employee
| |
|
Miniature golf courses
|
1/2 hole, and 1 per employee
| |
|
Riding schools or horse stables
|
2 stalls, plus 1 per every 4 seats of spectator seating
| |
|
Picnic areas
|
table
| |
|
Skating rinks
|
4 persons of legal occupancy
| |
|
Swimming pools (other than one accessory to a residential development)
|
4 persons of legal occupancy
| |
|
Tennis or racquetball clubs
|
1/4 court, plus 1 per employee, plus 50% of the spaces normally
required for accessory uses
| |
|
Residential Uses
| ||
|
Residential dwellings
|
1/2 dwelling unit (i.e., 2 spaces per dwelling unit)
| |
|
Boardinghouses, group homes and bed-and-breakfasts
|
bedroom
| |
|
Social and Institutional Uses
| ||
|
Auditorium, banquet, conference and meeting facilities; church,
theater and other such places of public assembly
|
200 square feet, but not less than 1 space per each 2 seats
| |
|
Clubs, lodges and other similar places
|
200 square feet of gross floor area, and 1 per each employee
on 2 largest shifts
| |
|
Nursing, rest or retirement homes
|
3 accommodations (beds), in addition to those needed for doctors
and support staff
| |
|
Hospitals, sanitariums
|
Spaces shall be provided for visitors at the rate of at least
1 space per each 1.5 accommodations (beds). Such spaces shall be in
addition to those necessary for doctors and other personnel
| |
|
Museums, art galleries, cultural centers, libraries
|
400 square feet of gross floor area
| |
|
Rehabilitation centers (without overnight accommodations)
|
employee, and 1 per each 3 people anticipated to be handled
through the facility
| |
|
Schools below grade 10, including commercial day care and kindergarten
|
6 students enrolled
| |
|
Schools, 10th grade and above, including colleges
|
3 students enrolled
| |
|
Vocational training and adult education facilities
|
1.5 students enrolled
|
T.
Off-site parking. Of the required off-street parking spaces required
by this section, up to 20% of such spaces can be located off the subject
property, subject to the following limitations:
(1)
The parking lot shall contain no more than 20 total parking spaces.
(2)
Adequate area does not exist on the subject property to provide the
number of parking spaces needed for the use and that such lack of
area is not due to new building or use expansion.
(3)
The parking lot shall be visually screened from adjoining residentially
zoned properties. Such screening can consist of a wooden sight-tight
fence, earthen berm, vegetative materials, or any combination of these.
(4)
The location and configuration of driveways or access points shall
not endanger pedestrians nor create traffic hazards.
(5)
Light, if necessary, shall be arranged so as to not cast glare on
adjoining residentially zoned properties.
A.
Off-street loading shall be required in accordance with this section
prior to the occupancy of any building or use so as to alleviate traffic
congestion on streets. These facilities shall be provided whenever:
B.
Site plan approval.
(1)
Each application for a zoning permit (or use for which off-street
loading spaces are required) shall include a drawing (site plan) showing
the proposed layout of the loading area. The drawing shall clearly
indicate the design elements required below.
(2)
No zoning permit shall be issued for any use for which a loading
area is required unless the site plan has been approved or necessary
variances have been approved.
C.
Surfacing. All off-street loading facilities, including access drives,
shall be constructed and maintained with a paved surface of concrete
or bituminous materials.
D.
Location. Except as provided elsewhere, a ground-level loading area
may be located in any side or rear yard. No exterior portion of an
off-street loading facility (including access drives) shall be located
within 50 feet of any land within a residential zone. Where possible,
off-street loading facilities shall be located on the face of a building
not facing any adjoining land in a residential zone.
E.
Connection to street. Every loading space shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide for two-way travel or 18 feet wide for one-way travel, exclusive of any parts of the curb and gutters. Section 220-32 specifies other requirements for access drives.
F.
Separation from streets, sidewalks, and parking lots. Off-street
loading spaces shall be designed so that there will be no need for
service vehicles to back over streets or sidewalks. Furthermore, off-street
loading spaces shall not interfere with off-street parking lots.
G.
Drainage. Off-street loading facilities (including access drives)
shall be drained to prevent damage to other properties or public streets.
Furthermore, all off-street loading facilities shall be designed to
prevent the collection of standing water on any portion of the loading
facility surface, particularly next to access drives.
H.
Required off-street loading facilities' sizes. The following lists
required minimum loading space sizes, in feet (excluding access drives,
entrances and exits):
|
Facility
|
Length
(feet)
|
Width
(feet)
|
Height (If Covered or Obstructed)
(feet)
| |
|---|---|---|---|---|
|
Industrial, wholesale and storage uses
|
63
|
12
|
15
| |
|
All other uses
|
33
|
12
|
14
|
I.
Lighting. Adequate lighting shall be provided if the loading facility
is to be used at night. The lighting shall be arranged so as not to
be directed, reflected or cause glare off the site.
J.
Landscaping and screening requirements. Unless otherwise indicated,
all off-street loading facilities shall be surrounded by a fifteen-foot-wide
landscape strip. All off-street loading facilities shall also be screened
from adjoining residentially zoned properties and/or adjoining public
streets.
K.
Schedule of off-street loading spaces required.
|
Type of Use
|
Number of Spaces
|
Per Gross Floor Area or Dwelling Unit
| |
|---|---|---|---|
|
Hospital or other institution
|
0
1.0
+1.0
|
First 10,000 square feet
10,000 to 100,000 square feet
Each additional 100,000 square feet (or fraction)
| |
|
Hotel, motel and similar lodging facilities
|
0
1.0
+1.0
|
First 10,000 square feet
10,000 to 100,000 square feet
Each additional 100,000 square feet (or fraction)
| |
|
Industry or manufacturing
|
0
1.0
+1.0
|
First 2,000 square feet
2,000 to 25,000 square feet
Each additional 40,000 square feet (or fraction)
| |
|
Multifamily dwelling
|
None
1.0
+1.0
|
Less than 100 dwelling units
100 to 300 dwelling units
Each additional 200 dwelling units (or fraction)
| |
|
Office building, including banks
|
0
1.0
+1.0
|
First 10,000 square feet
10,000 to 100,000 square feet
Each additional 100,000 square feet (or fraction)
| |
|
Retail sales and services, per store, restaurants
|
0
1.0
2.0
+.1.0
|
First 2,000 square feet
2,000 to 10,000 square feet
10,000 to 40,000 square feet
Each additional 100,000 square feet (or fraction)
| |
|
Shopping centers (integrated shopping centers, malls and plazas)
having at least 25,000 square feet
|
1.0
+1.0
|
25,000 square feet up to 100,000 square feet
Each additional 100,000 square feet
| |
|
Theater, auditorium, bowling alley or other recreational establishment
|
0
1.0
+1.0
|
First 10,000 square feet
10,000 to 100,000 square feet
Each additional 100,000 square feet (or fraction)
| |
|
Undertaking establishment or funeral parlor
|
0
1.0
+1.0
|
First 3,000 square feet
3,000 to 5,000 square feet
Each additional 10,000 square feet (or fraction)
| |
|
Wholesale or warehousing (except mini-warehousing)
|
0
1.0
+1.0
|
First 1,500 square feet
1,500 to 10,000 square feet
Each additional 40,000 square feet (or fraction)
|
A.
Yard ground cover. Any part of the site which is not used for buildings,
other structures, loading or parking spaces and aisles, sidewalks
and designated storage areas shall be planted with an all-season ground
cover approved by the Borough Council (e.g., grass, ivy, vetch, pachysandra,
etc.). In addition, gravel can be substituted if done in a manner
to complement other vegetative materials. It shall be maintained to
provide an attractive appearance, and all nonsurviving plants shall
be replaced promptly.
B.
Landscaping requirements.
(1)
Any required landscaping (landscape strips and interior landscaping)
shall include a combination of the following elements: deciduous trees,
ground covers, evergreens, shrubs, vines, flowers, rocks, gravel,
earth mounds, berms, walls, fences, screens, sculptures, fountains,
sidewalk furniture or other approved materials. Artificial plants,
trees and shrubs may not be used to satisfy any requirement for landscaping
or screening. No less than 80% of the required landscape area shall
be vegetative in composition, and no outdoor storage shall be permitted
within required landscape areas.
(2)
For each 750 square feet of required area for landscape strips, one
shade/ornamental tree shall be provided. For every 300 square feet
of interior landscaping required (parking lots), one shade tree shall
be provided. If deciduous, these trees shall have a clear trunk at
least five feet above finished grade; if evergreen, these trees shall
have a minimum height of six feet. All required landscape strips shall
have landscaping materials distributed along the entire length of
the lot line abutting the yard.
C.
Screening. The following materials may be used: evergreens (trees,
hedges or shrubs), walls, fences, earth berms or other approved similar
materials. Any wall or fence shall not be constructed of corrugated
metal, corrugated fiberglass or sheet metal. Screening shall be arranged
so as to block the ground-level views between grade and a height of
six feet. Landscape screens must achieve this visual blockage within
two years of installation.
[Amended 11-14-2006 by Ord. No. 596]
(1)
Screen plantings required as a buffer planting between residential
and commercial/industrial uses shall have a minimum depth of 10 feet.
The depth shall be established by use of a staggered row of plantings.
Where evergreens are utilized, the design and placement shall be such
that each plant has adequate growth area without commingling into
adjacent plants. No plant shall be placed closer than five feet to
any property line.
(2)
At least 50% of the screen planting specimens shall be evergreens,
distributed evenly along the length of the screen barrier.
(3)
Screen planting may incorporate earthen berms not exceeding 30 inches
in height.
D.
Selection of plant materials.
(1)
Trees and shrubs shall be typical of their species and variety; have
normal growth habits, well-developed branches, densely foliated, vigorous,
fibrous root systems. They shall have been grown under climatic conditions
similar to those in the locality of the project or properly acclimated
to conditions of the locality of the project.
(2)
Any tree or shrub which dies shall be replaced. All landscaping and
screening treatments shall be properly maintained.
E.
Suitable species.
[Added 11-14-2006 by Ord. No. 596]
(1)
Landscape screens, barriers and buffer strips. The following species
have been deemed suitable for use in landscaped screens, barriers
and buffer strips. They have been selected for their suitability to
the local climate, size, ease of care, and the density of their brachiation
and foliage. Note that this list is a guide only; some of these species
may be inappropriate under certain circumstances. For screens, barriers
and buffers, the use of a variety of species is encouraged in order
to minimize the effects of plant diseases; excessive planting of a
single species raises the possibility that the screen, barrier or
buffer would need to be replaced if a disease peculiar to that species
is introduced. If a species other than one of those listed here is
proposed as a barrier, buffering or screening plant, the applicant
should be prepared to provide supporting evidence of its suitability
for the intended use, specifically related to climate, size, ease
of care, growth pattern and foliage.
|
Botanical Name
|
Common Name
| |
|---|---|---|
|
Aesculus parviflora
|
Bottlebrush buckeye
| |
|
Chaenomele speciosa
|
Common flowering quince
| |
|
Cornus kousa
|
Kousa dogwood**
| |
|
Cornus florida
|
Flowering dogwood (white or pink)
| |
|
Crataegus crusgalli inermis
|
Thornless cockspur hawthorn
| |
|
Deutzia scabra
|
Fuzzy deutzia
| |
|
Euonymous alatus
|
Winged euonymous
| |
|
Genus chamaecyparis
|
False cypress varieties
| |
|
Hamamelis vernalis
|
Vernal witchhazel
| |
|
Ilex pedunculosa
|
Longstalk holly
| |
|
Juniperus scopulorum
|
Rocky mountain juniper
| |
|
Juniperus virginiana
|
Eastern redcedar
| |
|
Lonicera fragrantissima
|
Winter honeysuckle
| |
|
Myrica pennsylvanica
|
Northern bayberry
| |
|
Picea abies
|
Norway spruce
| |
|
Picea aengelmanni
|
Engelmann spruce
| |
|
Picea glauca
|
White spruce
| |
|
Picea omorika
|
Serbian spruce
| |
|
Pinus nigra
|
Austrian pine
| |
|
Pinus strobus
|
Eastern white pine
| |
|
Tauga canadensis
|
Canadian hemlock
| |
|
Tauga caroliniana
|
Carolina hemlock
| |
|
Taxus cuspidata
|
Japanese yew
| |
|
Viburnum lantana
|
Wayfaringtree viburnum
| |
|
Viburnum opulus
|
European cranberrybush viburnum
| |
|
Viburnum x rhytidophylloides
|
Lantanaphyllum viburnum
| |
|
Vilbournum plicatum tomentosum
|
Doublefile viburnum
|
|
**
|
Beginning this species may be difficult depending on planting
season factors. It is an acceptable species, once established.
|
(2)
Street trees. The following species have been deemed suitable for
use as street trees. They have been selected for their suitability
to the local climate, size, shape, hardiness and cleanliness. Note
that this list is a guide only; some of these species may be inappropriate
under certain circumstances, and there are others not listed here
which, under certain conditions, could be successfully used as street
trees. While some variety is appropriate in the interest of avoiding
the effects of disease, too much variety will result in an unattractive
streetscape. If a species other than one of those listed here is proposed
as a street tree, the applicant should be prepared to explain its
suitability for the intended use, specifically related to climate,
size, ease of care, growth pattern and foliage.
|
Botanical Name
|
Common Name
| |
|---|---|---|
|
Acer campestre
|
Hedge maple*
| |
|
Acer ginnala
|
Amur maple*
| |
|
Acer rubrum
|
Red maple
| |
|
Acer saccharum
|
Sugar maple
| |
|
Acer tataricum
|
Tatarian maple
| |
|
Cercidiphyllum japonicum
|
Katsura
| |
|
Cladrastis lutea
|
American yellowwood
| |
|
Corylus colurna
|
Turkish filbert
| |
|
Elaeagnus angustifolia
|
Russian olive
| |
|
Eucommia ulmoides
|
Hardy rubber tree
| |
|
Fraxinus pennsylvanica
|
Green ash/red ash (nonfruiting)
| |
|
Gleditsia triacanthos inermis
|
Thornless common honeylocust
| |
|
Koelreutaria paniculata
|
Paniclad goldenraintree
| |
|
Prunus sargentil
|
Sargent cherry
| |
|
Pyrus calleryana cv. chanticleer
|
Chanticleer pear
| |
|
Pyrus calleryana cv. cleveland select
|
Cleveland select pear*
| |
|
Pyrus calleryana cv. red spire
|
Red spire pear*
| |
|
Pyrus calleryana cv. stonehill
|
Stonehill pear
| |
|
Quercus imbricaria
|
Shingle oak
| |
|
Syringa reticulata
|
Japanese tree lilac*
| |
|
Taxodium distichum
|
Common bald cypress
| |
|
Tilia cordata
|
Littleleaf linden
| |
|
Tilia tomentosa
|
Silver linden
| |
|
Ulmus parvifolia
|
Chinese elm
| |
|
Zelkova serrata cv. village green
|
Japanese zelkova
|
|
*
|
Listed by PPL as recommended small tree, suited for planting
under electric wires.
| |
|
**
|
Not suggested for north/south roadway alignment as wind damage
can be extensive.
|
(3)
Parking lots. Many of the street trees are also suitable for landscaping
in parking lots. The following species are particularly well suited
for parking areas due to their smaller size (which makes them generally
inappropriate as street trees), salt tolerance, and their overall
hardiness. As in the other subsections, this list is a guide, and
some of these species may be inappropriate under some circumstances.
If a species other than one of those listed here or under street trees
is proposed for parking lot landscaping, the applicant should be prepared
to explain its suitability for the intended use, specifically related
to climate, size, ease of care, growth pattern and foliage.
|
Botanical Name
|
Common Name
| |
|---|---|---|
|
Hippophae rhamnoides
|
Common sea-buckthorn
| |
|
Kerria japonica
|
Japanese kerria
| |
|
Viburnum dentatum
|
Arrowwood viburnum
|
(4)
Sizes of species to be planted. Trees and shrubs utilized in conjunction
with the provisions of this section shall be of a reasonable size
to match the scale and appearance of the built environment. For that
purpose, trees shall be two-inch to two-and-one-half-inch caliper
measured six inches above the ball, and bushes shall be no smaller
than 18 inches in height (or diameter, for spreading species).
[Amended 2-27-2007 by Ord. No. 599; 11-12-2019 by Ord. No. 667]
A.
Purposes. The purposes of these sign regulations are to regulate
the nature and use of signage in order to maintain and enhance the
traditional aesthetic environment of the Borough; to promote pedestrian
and traffic safety; to minimize the adverse effects of signage on
nearby properties; and to enable the fair and consistent enforcement
of these sign regulations
B.
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any device or medium used for the purpose of naming, identifying,
illustrating or displaying information to the general public, which
is affixed to, painted upon or incorporated into a structure or building,
or is freestanding upon a lot, which directs attention to an object,
product, place, name, activity, facility, service, event, attraction,
person, institution, organization or business, and which is visible
from the public right-of-way, or from public property, or is located
within a building and is obviously intended to be seen and understood
from the public right-of-way. Customary displays of merchandise or
other objects, either behind store windows or outdoors, are not signs.
Specific sign types are defined as follows:
ABANDONED SIGNA sign that no longer identifies or advertises a location, current product or current activity conducted on the premises on which the sign is located.
ANIMATED SIGNAny sign that uses movement or change of lighting to depict action or to create a visual effect or scene.
BANNERAny sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or official flags of any institution or business shall not be considered banners.
BEACONAny light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
BUILDING MARKERAny sign indicating the name of a building and data and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
BUILDING SIGNAny sign attached to any part of a building, as contrasted to a freestanding sign.
BUSINESS IDENTIFICATION SIGNA sign which contains elements which identify the official name of a business and which may contain the minimal references necessary to products or services which help to clarify the type of business being conducted on the premises.
CANOPY SIGNAny sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outside service area. A marquee is not a canopy.
CHANGEABLE COPY SIGNA sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign, including either a manual changeable copy sign, or an electronic message center sign.
COMMERCIAL MESSAGEAny sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.
COMMERCIAL TENANTA tenant of commercial property owned by a landlord; the primary or only use is commercial, business or industrial oriented.
DIRECTIONAL SIGNAny sign that is designed and erected for the sole purpose of providing direction and/or orientation for pedestrian or vehicle traffic (i.e., location of parking, rest rooms, building entrances, etc).
ELECTRONIC MESSAGE CENTER SIGNA sign type characterized by internally illuminated, changeable copy that includes electronically changing alphanumeric text typically used for time and temperature displays, advertising the prices of retail products, and the like.
FLAGAny fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FREESTANDING SIGNAny sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. (See Appendix).[1]
GROUND SIGNA freestanding sign, other than a pole sign, in which the entire bottom is in contact with the ground.
INFORMATIONAL SIGNAGEWindow signs of a permanent or temporary nature which display information about business activities on the premises, such as business hours, products or brands carried, services available, credit cards accepted and commercial and professional affiliations.
LUMINOUS SIGNAny sign which contains a light shining from any source within the body of the sign.
MANUAL CHANGEABLE COPY SIGNA sign in which the copy or symbols are changed manually through placement of characters of symbols on a sign face.
MARQUEE SIGNAny sign attached to, in any manner, or made part of a marquee.
NONCONFORMING SIGNAny sign which does not conform to the requirements of this section.
PENNANTAny lightweight plastic, fabric, or other material with or without a message, typically existing in series, designed to move in the wind, and suspended from a rope, wire, or string.
POLE SIGNA sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to, or painted on, parked vehicles visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of a business.
PROJECTING SIGNAny sign affixed to a building or wall in such a manner that its leading edge extends more that 12 inches beyond the surface of such building or wall. (See Appendix).[2]
PROMOTIONAL SIGNAGEWindow signs of a temporary nature which advertise sales events, product or service promotions, or new product or service introductions related to the business being conducted on the premises.
REAL ESTATE SIGNA sign relating to the property on which it is located offering such property for sale, lease or rent, including open house signs.
RESIDENTIAL SIGNAny sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this section.
ROOF SIGN, INTEGRALAny sign erected or constructed as an integral or essentially integral part of a normal roof structure or design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
SYMBOL SIGNAn image, icon or character used instead of a word to identify the provided service or use of the occupied space.
TEMPORARY SIGNAny sign that is not permanently mounted on or affixed to the ground, a building or display window.
WALL SIGNAny sign attached parallel to, but within 12 inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. (See Appendix.)[4]
WINDOW SIGNAny sign, pictures, symbol, or combination thereof that is placed inside a window, upon a window pane, and where visible from a window exterior to communicate information about an activity, business, commodity, event, sale, or service.
C.
Applicability, effect.
(1)
Signs may be erected, placed, established, created, refaced, altered
or maintained only in conformance with the standards, procedures,
exemptions and other requirements of this subsection and any and all
other ordinances and regulations relating to signs. Zoning permits
shall be required for the erection, placement, establishment, creation
or alteration of all signs, unless otherwise indicated in this subsection.
(2)
The effect of this subsection, as more specifically set forth herein,
is as follows:
(a)
To establish a permit system to allow a variety of types of
signs in nonresidential districts, and a limited variety of signs
in all other districts, subject to the standards and the permit procedures
of this subsection;
(b)
To allow certain signs that are small, unobtrusive and incidental
to the principal use of the respective lots on which they are located,
subject to the substantive requirements of this subsection, but without
a requirement for permits;
(c)
To provide for temporary signs without commercial messages in
limited circumstances in the public right-of-way;
(d)
To prohibit all signs not expressly permitted by this subsection;
and
(e)
To provide for enforcement of the provisions of this subsection.
D.
Computations. The following regulations shall control the computation
of sign area and sign height:
(1)
Computation of area of individual signs. The area of a sign face
(which is also the sign area of a wall sign or other sign with only
one face) shall be computed by means of the smallest square, triangle,
rectangle or circle, or combination thereof, that will encompass the
extreme limits of the writing, representation, emblem, or other display,
together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the
backdrop or structure against which it is placed, but not including
any supporting bracing, or decorative fence or wall when such fence
or wall otherwise meets regulations of this section and is clearly
incidental to the display itself.
(2)
Computation of area of multifaced signs. The sign area for a sign
with more than one face shall be computed by adding together the area
of all sign faces.
(3)
Computation of sign height. The height of a sign shall be computed
as the distance from the base of the sign at normal grade to the top
of the highest attached component of the sign. Normal grade shall
be construed to be the grade after construction, exclusive of any
filling, berming, mounding or excavating solely for the purpose of
locating the sight.
E.
Design, construction, and maintenance. All signs shall be designed,
constructed and maintained in accordance with the following standards:
(1)
All signs shall comply with applicable provisions of any building
and electrical codes as adopted by the Borough.
(2)
Except for banners, flags, temporary signs and window signs conforming
in all respects with the requirements of this subsection, all signs
shall be constructed of permanent materials and shall be permanently
attached to the ground, a building or another structure by direct
attachment to a rigid wall, frame or structure.
(3)
All signs shall be maintained in good structural condition, in no
state of disrepair and securely attached to bracket, pole, wall, etc.
as intended. Existing signs may be removed for maintenance, repainting
and resurfacing as long and the location and size remain the same.
A permit application shall be submitted for review, however the fee
will be waived if all conditions are met.
F.
Signs allowable in all districts. Signs listed in this subsection
are allowed in all zoning districts as defined by this section and
shall not require permits and shall not be included in any calculations
of total square footage limitations. However, such signs shall conform
with all other applicable regulations of this subsection.
(1)
Name and address of resident. Name and address of resident, but not
to include any commercial advertising, of not more than two square
feet in sign area.
(2)
No trespassing signs. No trespassing signs or other such signs regulating
the use of a property, such as "No Hunting" and "No Fishing," of not
more than two square feet in sign area in residential districts, and
five square feet in all nonresidential districts, shall be located
no closer than 50 feet apart.
(3)
Signs regulating on-premises traffic and parking or other functional
subjects. Signs regulating on-premise vehicular and pedestrian traffic
and parking (Examples: "In-Out", "Enter-Exit", "One Way", "Do Not
Enter", "Handicapped Entrance", "Deliveries in Rear") of not more
than two square feet in residential districts and five square feet
in nonresidential districts. No such signs shall bear any commercial
advertising.
(4)
Signs erected by a governmental body. Signs erected by a governmental
body or under the direction of such a body and bearing no commercial
advertising, such as traffic signs, railroad crossing signs, safety
signs, and signs identifying public schools and playgrounds.
(5)
Memorial signs or tablets. Memorial signs or tablets and signs denoting
the date of erection of buildings.
(6)
Garage/yard sales and open house signs. All such signs shall be limited
to a maximum size of five square feet in area and shall be removed
within 24 hours after the event or activity advertised thereby has
occurred. One such sign shall be permitted on each premise's frontage
(maximum of two of where the event or activity is to take place. In
addition, two directional freestanding signs shall be permitted at
two separate intersections leading to the garage/yard sale or open
house. Permission from the property owner is required and it is the
responsibility of the sign owner to gain that approval. Any such sign
shall not be erected more than five days prior to such event and activity.
At no time shall any sign block the sidewalk public right of way or
vehicle sight distance.
(7)
Temporary contractor, artisans, landscapers and similar services
signs. One temporary sign per premises not to exceed the area permitted
by real estate signs in the zone where the work is being performed
— larger signs may be required by government agencies. Sign
must be located onsite where the work is being done; signs shall be
removed within seven days of completing the work.
(8)
Temporary signs announcing special events of charitable or public
service groups. Such signs may only be permitted in preapproved public
areas, provided that authorization and scheduling is obtained from
the Borough Codes Compliance Official. The limitations on the size
and number of signs shall be developed by policy of the Borough related
to predesignated areas where the sign(s) may be placed.
(9)
Temporary booster club signs. A maximum size sign of 18 inches by
24 inches may be placed no sooner than three days to a specific event
and removed within 24 hours after the event. They may not be placed
within 25 feet of an intersection or on any official traffic sign.
Signs may only be taped or tied to trees or poles in a wraparound
fashion with permission from the property owner. All signs shall be
legible and easy to read.
(10)
Symbol sign. A sign representing the business use shall be permitted
with no lettering, markings or other information provided. The maximum
size shall be four square feet and shall comply with other regulations
for the zone it is located in. One symbol sign is permitted in front
of the named business frontage.
(11)
Sandwich board sign. One temporary sandwich board sign is permitted
in front of the named business frontage. The sign shall be put out
from when the business opens and removed when the business closes.
It shall be placed in such a way that shall not block sight distance
or blocking the public sidewalk right of way. Maximum size shall be
two feet wide by three feet in height. Multiple commercial tenants
within one building shall be allowed one temporary sandwich board
sign per commercial tenant. Frontage shall be a minimum of 15 linear
feet per sign.
G.
Signs prohibited in all Zoning Districts. The following signs shall
not be permitted, erected or maintained in any zoning district, notwithstanding
anything else to the contrary contained in this subsection or elsewhere:
(1)
Animated signs and signs which incorporate in any manner any flashing
or moving illumination or with illumination which varies in intensity
or which varies in color, and signs which have any visible moving
part, visible revolving parts, or visible mechanical movement of any
description, or other apparent visible movement achieved by electrical
pulsations or by action of normal wind currents. Clocks, hanging signs
or symbols which move with air currents, time and temperature signs
and barber poles are exempted, provided they otherwise comply with
all other provisions of this part.
(2)
Light sources which cast light on signs unless shielded by opaque
material so that bulbs are not visible from off the property on which
the signs are located.
(3)
Any sign or sign structure which constitutes a hazard to public safety
or health.
(4)
Signs which by reason of size, location, content, coloring, or manner
or intensity of illumination, distract or obstruct the vision of drivers,
either when leaving a roadway or driveway, or obstruct or detract
from the visibility or effectiveness of any traffic sign or control
device or public streets and roads.
(5)
Any sign which obstructs free ingress to or egress from a fire escape,
door, window or other required building exit.
(6)
Signs which make use of the words such as "Stop," "Look," "One-Way,"
"Danger," "Yield," or any similar words, phrases, symbols, lights
or characters, in such a manner as to interfere with, mislead or confuse
traffic.
(7)
Any sign which advertises a defunct business or product no longer
sold.
(8)
Signs on public property or public rights-of-way, unless erected
by a governmental body, required to be so located by order of a governmental
body or in compliance with subsection E(8).
(9)
Signs painted on or inappropriately attached to, or supported by
a street sign or street light or any natural object unless specifically
permitted within this section.
(10)
Searchlights, pennants, spinners, banners and streamers, inflatable
balloons and similar devices, except for temporary occasions not to
exceed 15 days' duration, such as grand openings, and then only with
special prior permission of the Zoning Officer, who shall grant such
permission only when the request is demonstrated to be harmonious
with the proposed location.
(11)
Manual changeable copy signs not permanently affixed to the
ground or business structure, including those on wheels or in moveable
frames. Manual changeable copy signs shall be reviewed through the
special exception process.
(12)
Electric message signs whether illuminated or not. Electric
message signs shall be reviewed through the special exception process.
H.
Limit on height of signs. No sign or any part thereof (including
braces, supports or lights) shall exceed a height of 20 feet if erected
at the right-of-way line of the street, road or highway adjoining
the premises on which the sign is located, plus one foot additional
height for each three lineal feet that said sign is located from such
street, road or highway as measured on a perpendicular line from such
right-of-way line to the nearest part of the sign; provided however,
that no sign shall exceed 35 feet in height regardless of its distance
from the right-of-way line. No freestanding sign shall exceed 15 feet
in height.
I.
Signs in the public right of way. No sign shall be allowed in the
public right-of-way, except for the following:
(1)
Permanent signs. Permanent signs, including:
(a)
Public signs erected by or on behalf of a governmental body
to post legal notices, identify public property, convey public information
and direct or regulate pedestrian or vehicular traffic;
(b)
Bus stop signs erected by a public transit company;
(c)
Identification signs of a public utility regarding its poles,
lines, pipes or facilities.
(2)
Temporary signs. Temporary signs, including:
(a)
Public signs erected by or on behalf of a governmental body
to post legal notices, convey public information and direct or regulate
pedestrian or vehicular traffic;
(b)
Signs announcing special events of charitable or public service
groups, provided such signs shall be approved by the Borough and PA
state if applicable, and shall:
(3)
Emergency signs. Emergency warning signs erected by a governmental
agency, a public utility company or a contractor doing authorized
or permitted work within the public right-of-way.
(4)
Other signs forfeited. Any sign installed or placed on public property
except in conformance with the requirements of this subsection, shall
be forfeited to the public and subject to confiscation. In addition
to other remedies hereunder, the Borough shall have the right to recover
from the owner or person placing such a sign the full costs of removal
and disposal of such sign.
J.
Signs allowable by permit in zoning areas and districts. Signs are
allowable by permit in Manheim Borough as follows:
(1)
Historical Overlay Zone. Signs are subject to the applicable district
regulations. In addition, with the exception of informational and
promotional signage, the Historic Commission shall review and make
a recommendation for new signs being proposed to be erected, altered
or modified to any permanent sign in this area. The Commission may
recommend the size and type of sign so as to protect the appearance
and character of the historical area in which it is located. Proposed
signs that do not meet the specific criteria of the zone in which
the sign is to be located shall require a special exception approval
from the Zoning Hearing Board.
(2)
Residential R-1 Residential R-2 Residential R-3 and Residential R-4
Districts.
(a)
Certain signs allowed in all zones.
(b)
Residential signs. One identification sign per dwelling unit
and one sign indicating the private nature of a driveway or premises.
If lighted, signs shall be illuminated by incident rays adequately
shielded to avoid glare. Luminous signs are prohibited.
(c)
Signs for uses allowed by special exception and signs for nonconforming
uses. Signs for the identification of those uses allowed by special
exception by the Zoning Hearing Board and for the identification of
nonconforming uses shall be approved, as a special exception, by the
Zoning Hearing Board. The Board shall approve the size and type of
sign so as to protect the appearance and character of the district
in which it will be located.
(d)
Real estate signs shall not exceed 12 square feet (six square
feet if single-sided) and shall be removed within a week after settlement
on the sale or lease of the property. Such signs shall be limited
to one per street frontage, a maximum of two.
(e)
All signs are also subject to all other applicable regulations
of this subsection.
(3)
Central business District (CBD) and Conversion Office and Apartment
(COA) Zones.
(a)
Certain signs allowed in all zones.
(b)
Business identification signs, informational signage and promotional
signage.
(c)
The total area of all signs and signage shall not exceed 32
square feet for premises of up to 15 lineal feet of public street
frontage. An additional four square feet of signage area is permitted
for every additional five lineal feet or fraction thereof of frontage.
No single sign shall exceed 64 square feet in area.
(d)
Within the total permitted area of signage for any premise,
a maximum of 5% of the first-floor window area or five square feet,
whichever is greater, shall be permitted for informational signage,
and a maximum of 15% of the first-floor window area or 15 square feet,
whichever is greater, shall be permitted for promotional signage.
(e)
If lighted, signs shall be illuminated by incident rays adequately
shielded to avoid glare. Luminous signs are prohibited.
(f)
Real estate signs shall not exceed 12 square feet and shall
be removed within a week after settlement on the sale of the property.
Such signs are limited to one per street frontage a maximum of two.
(g)
All signs are also subject to all other applicable regulations
of this subsection.
(4)
Commercial - Highway Commercial Zone (C1).
(a)
Certain signs allowed in all zones.
(b)
Business identification signs, informational signage and promotional
signage.
(c)
The total area of all signs and signage shall not exceed 100
square feet for the first 100 linear feet, or fraction thereof, of
public street frontage. An additional 50 square feet of sign area
is permitted for each additional 100 linear feet of frontage, or fraction
thereof, not to exceed 300 square feet for the entire property (including
doors and windows). Under no circumstances shall the size of any one
sign exceed 64 square feet; however, the total surface area of any
freestanding sign shall not exceed 32 square feet.
(d)
Within the total permitted area of signage for any premise,
a maximum of 5% of the first-floor window area or five square feet,
whichever is greater, shall be permitted for informational signage,
and a maximum of 15% of the first-floor window area or 15 square feet,
whichever is greater, shall be permitted for promotional signage.
(e)
Projecting signs shall be no higher than the eave line of the
building, and subject to size as stated in subsection L(1).
(f)
If lighted, signs shall be illuminated by incident rays adequately
shielded to avoid glare.
(g)
Luminous signs shall be reviewed through the special exception
process.
(h)
Real estate signs shall not exceed 24 square feet and shall
be removed within a week after settlement on the sale or lease of
the property. Such signs are limited to one per street frontage.
(i)
All signs are also subject to all other applicable regulations
of this subsection.
(5)
Industrial (C-1) and Planned Industrial/Corporate Center Zones.
(a)
Certain signs permitted in all zones.
(b)
Business identification signs, informational signage and promotional
signage.
(c)
The total area of all signs and signage shall not exceed 100
square feet for the first 100 linear feet, or fraction thereof, of
public street frontage. An additional 50 square feet of sign area
is permitted for each additional 100 linear feet of frontage, or fraction
thereof, not to exceed 300 square feet for the entire property (including
doors and windows). Under no circumstances shall the size of any one
sign exceed 64 square feet, however, the total surface area of any
freestanding sign shall not exceed 48 square feet.
(d)
Within the total permitted area of signage for any premise,
a maximum of 5% of the first-floor window area or five square feet,
whichever is greater, shall be permitted for informational signage,
and a maximum of 15% of the first-floor window area or 15 square feet,
whichever is greater, shall be permitted for promotional signage.
(e)
Projecting signs shall be no higher than the eave line of the
building, and subject to size as stated in subsection L(1)
(f)
If lighted, signs shall be illuminated by incident rays adequately
shielded to avoid glare.
(g)
Luminous signs shall be reviewed through the special exception
process.
(h)
Real estate signs shall not exceed 40 square feet and shall
be removed within a week after settlement on the sale or lease of
the property. Such signs are limited to one per street frontage.
(i)
All signs are also subject to all other applicable regulations
of this subsection.
K.
Nonpermanent signs. Temporary, nonpermanent signs are allowed without
permit, provided that such signs shall not be displayed in excess
of one month. Any sign displayed for longer than one month shall be
considered as permanent and will be subject to all applicable provisions
of this subsection.
L.
Murals. An artistic depiction of a time, theme or event that is directly related to the history of the Borough of Manheim. The contents may include graphic displays and/or copy in addition to the pictorial offering. For the purposes of this subsection, a mural designed and permitted in accordance with the provisions of § 220-44 herein shall not be considered to be a sign and shall therefore be exempt from the regulations provided herein.
M.
Additional criteria for certain sign types and uses.
(1)
Projection signs in addition to the other applicable provisions of
this subsection, the following regulations shall apply to all projecting
signs:
(a)
No projecting sign shall project more than five feet beyond
the building line in the direction of the street, nor shall any portion
of any projecting sign be closer than five feet to the face of the
street curb or curb line, or the edge of an alley.
(b)
No portion of any projecting sign shall be less than eight feet
above normal grade as defined in subsection C(3).
(c)
No single face of a projecting sign shall exceed 15 square feet
in sign area. No projecting sign shall have a vertical dimension greater
than six feet.
(d)
There shall be no more than one projecting sign for any commercial
tenant unless the building is located on a corner lot or has public
entrances on two or more public ways, in which case one projecting
sign maybe erected for and toward each public way.
(2)
Wall signs. In addition to the other applicable provisions of this
subsection, the following regulations shall apply to all wall signs:
(a)
No wall sign shall extend above the top of the wall upon which
it is placed.
(b)
No wall sign, or any part thereof, shall project more than 12
inches from the wall upon which it is mounted. If external lighting
is used, reflectors must be at least 10 feet above the surface of
the ground level, equipped with wire mesh guards and no part of the
lighting device may project more than two feet from the wall of the
building.
(c)
No wall sign shall extend beyond the left and right extremities
of the wall to which it is attached.
(d)
There shall be no more than one wall sign per commercial tenant
per building facade, with a maximum of two signs per commercial tenant
per building facade, and the aggregate wall sign area shall have a
total area of not more than 25% of the wall area.
(3)
Freestanding signs. In addition to the other applicable provisions
of this subsection, the following regulations shall apply to all freestanding
signs.
(a)
Every freestanding sign and all parts, braces and supports thereof
shall be located entirely within the property lines of the premises
and shall not project over public rights-of-way or other adjoining
lands. Freestanding signs may be permitted between the property line
and the building setback lines, except where otherwise prohibited
by this section. The base of the sign shall be located behind the
street right-of-way. The sign shall be no less than three feet and
not more than 15 feet above the curb line, and shall not project closer
than seven feet from the curb line or two feet from the right-of-way,
whichever is more restrictive of the two.
(b)
A freestanding sign shall have no more than two faces or advertising
sides.
(c)
No freestanding sign face or advertising side shall have any
dimension (length, width, diameter, etc.) in excess of 10 lineal feet.
(d)
All freestanding signs hereafter erected shall be centrally
located within a planted green area at least equal to the allowable
area of a single face or advertising side for the subject sign, which
area shall also include ornamental evergreen shrubbery to minimize
the visibility of poles, supports and braces of such sign.
(e)
Not more than one pole sign may be erected or maintained on
a single premises.
(4)
Pole signs. In addition to the other applicable provisions of this
subsection, the following regulations shall apply to all pole signs.
(a)
Pole signs shall be no less than eight feet and not more than
15 feet above the curbline.
(b)
A pole sign shall have no more than two faces or advertising
sides, opposite of one another.
(c)
No pole sign face or advertising side shall have any dimension
(length, width, diameter, etc.) in excess of nine lineal feet.
(d)
Pole signs may be used as wayfinding signs or signs of the state
or Borough.
(e)
Not more than one pole sign may be erected or maintained on
a single premises.
(5)
Roof signs. In addition to the other applicable provisions of this
subsection, the following regulations shall apply to all roof signs:
N.
Luminous signs. In Zoning Districts where permitted, luminous signs
must be approved by the Zoning Hearing Board, as a special exception,
to determine that the location, design, type and color of sign will
not be detrimental to the character of the district. Only one sign
per premises is permitted and shall not be lit unless the business
is open.
O.
Nonconforming signs. Any sign that was legally existing as of the
effective date of this chapter that does not comply with the provisions
listed in this chapter shall be considered a nonconforming sign. All
nonconforming signs may continue in their present number, size and
location until removed and replaced with a current conforming sign
meeting the current provisions. Current nonconforming signs may be
replaced in-kind, painted, restored, modified, or repaired as long
as the location and size remain the same. A permit application shall
be submitted for review, however the fee will be waived if all conditions
are met. Any modification to the existing nonconforming size, number
or location of a sign will automatically require a fee and all current
regulations shall be met.
P.
Applications and permits.
(1)
Applications for permits to erect, alter or modify permanent signs shall be made to the Zoning Officer. With the exception of signs listed in Subsection E; permits shall be required for all permanent signs. Certain signs may also require the submission of an application and an approval of a building permit.
(2)
It shall be unlawful to commence the erection of any permanent sign
or to commence the moving or alteration of any permanent sign until
the Zoning Officer has issued a sign permit for such work.
(3)
In applying to the Zoning Officer for a sign permit, the applicant
shall submit a dimensional sketch or scale plan indicating the shape,
size, height and location of all signs to be erected, altered or moved
and supply such other information as may be required by the Zoning
Officer for determining whether the provisions of this subsection
are being observed. If the proposed sign as set forth in the application
is in conformity with the provisions of this subsection and other
ordinances of the Borough then in force, the Zoning Officer shall
issue a sign permit for such sign. If the sign permit is refused,
the Zoning Officer shall state such refusal in writing with the cause
and shall immediately thereupon mail notice of such refusal to the
applicant at the address indicated in the application. The Zoning
Officer shall grant or deny the permit within 15 days from the date
the application is submitted. The issuance of a permit shall in no
case be construed as waiving any provisions of this subsection.
Q.
Removal of certain signs. After 90 days, any sign which advertises
a business or service no longer in existence on the premises shall
be considered to be abandoned. Signs that are abandoned shall be removed
by the property owner or the persons responsible for the erection
and/or maintenance thereof within 30 days after notice of the abandonment
to such persons by the Zoning Officer. If such persons fail or refuse
to remove such abandoned signs after the notice aforesaid, the Zoning
Officer may remove the signs at the expense of the property owner
or the persons responsible for the erection and/or maintenance thereof.
R.
Violations. Any of the following shall be a violation of this section
and shall be subject to the enforcement remedies and penalties provided
by this section and by state law:
(1)
To install, create, erect or maintain any sign in a way that is inconsistent
with any plan or permit governing such sign or the premises on which
the sign is located;
(2)
To install, create, erect or maintain any sign requiring a permit
without such a permit;
(3)
To fail to remove any sign that is installed, created, erected or
maintained in violation of this section; or
(4)
To continue any such violation. Each such day of a continued violation
shall be considered a separate violation when applying the penalty
portions of this section.
For the purposes of this chapter, the Borough's roads shall
be classified in the following categories:
No persons or family shall be permitted to permanently reside
within any tent, travel trailer, bus, boat, camper or motor home.
However, temporary occupancy of a tent, travel trailer, camper or
motor home shall be permitted within an approved campground or for
periods of up to seven days in any calendar year on the property of
a friend or relative.
All uses proposed within Manheim Borough shall operate in compliance
with applicable state, federal and county regulations, as they are
periodically adopted, amended and repealed. The following lists known
government regulations associated with various land use impacts. This
list in no way excludes or limits federal, state or county jurisdiction
over uses within the Borough but is merely provided for information
to applicants and landowners of the type of regulations which may
be in effect.
A.
Noise pollution and vibration. Rules and Regulations of the Pennsylvania
Department of Environmental Protection.
B.
Air pollution, airborne emissions and odor. Rules and Regulations
of the Pennsylvania Department of Environmental Protection.
C.
Water pollution. The Clean Streams Law, June 22, 1937, P.L. 1987,
35 P.S. § 691.1 et seq., as amended.
D.
Mine reclamation and open pit setback. Pennsylvania Act No. 1984-219,
the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S.
§ 3301 et seq.
E.
Glare and heat. Rules and Regulations of the Pennsylvania Department
of Environmental Protection.
F.
Handicap access. The latest version of the Pennsylvania Universal
Accessibility Standards.
In those instances where open space is required elsewhere in
this chapter, or when an applicant proposes the use of open space,
such open space shall comply with the following:
A.
Required open space shall be designed and arranged to achieve at
least one of the following objectives, and the applicant shall demonstrate
those specific measures employed to achieve these objectives.
(1)
Protection of important natural resources (e.g., streams, ponds,
wetlands, steep slopes, woodlands, unique geologic features, wildlife
habitats, aquifer recharge areas, etc.).
(2)
Protection of important historical and/or archaeological sites.
(3)
Provision of usable play and recreation areas that are conveniently
accessible to residents within the development and the Borough.
(4)
Integration of greenbelts throughout the development that link residences
with on-site or adjoining parks, schools or other similar features.
B.
An essential element of the provision of open space is a written
description regarding its ownership and/or disposition. Such ownership
and/or disposition shall be accomplished through one of the following:
(1)
An offer of dedication to the Borough. The Borough shall not be obligated
to accept dedication of the common open space.
(2)
With permission of the Borough, and with appropriate deed restrictions
in favor of the Borough and in language acceptable to the Borough
Solicitor, the developer may transfer ownership of the common open
space or a portion thereof to a private, nonprofit organization among
whose purposes is the preservation of open space land and/or natural
resources. The organization shall be a bona fide conservation organization
with a perpetual existence; the conveyance must contain appropriate
provisions for reverter or retransfer if the organization is unable
to maintain the land, and the organization must enter into a maintenance
agreement with the Borough.
(3)
The developer shall provide for and establish an organization for
the ownership and maintenance of the common open space which shall
be generally consistent with the requirements for unit owners' associations
found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq. If such an organization is created, the agreements of sale
and deeds for all lots shall contain the following requirements in
language acceptable to the Borough Solicitor:
(a)
Such organization shall not dispose of the common open space
by sale or otherwise except to the Borough unless the Borough has
given prior written approval. Such transfer shall be made only to
another organization which shall maintain the common open space in
accordance with this chapter.
(b)
The organization and all lot owners shall enter into a maintenance agreement with the Borough and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code[1] relating to the maintenance of deteriorating common open
space by municipalities.
[1]
Editor's Note: See 53 P.S. 10701 et seq.
(c)
The Borough may require the establishment of a reserve fund
to provide for maintenance of or capital improvements to the common
open space.
All uses requiring a traffic study shall provide a study prepared
by a professional traffic engineer with the following minimum considerations:
A.
A description of the traffic impact area (TIA), including its major
roads and potential traffic-generation rates to be determined by current
references.
B.
Existing twenty-four-hour and peak-hour traffic-volume data for all
streets which provide direct access to the proposed development and
for the collectors and arterials which will serve it as well as any
major intersection within the impact area.
C.
Estimates of the total number of vehicle trips to be generated by
the development for a typical twenty-four-hour period, and including
typical a.m. and p.m. peak periods.
D.
Assignment of future twenty-four-hour and peak-hour volumes to the
collectors and arterials and other streets that will serve the proposed
development based on the projections of increased traffic volumes
within the traffic impact area, to be determined by an extrapolation
of former development trends and the amounts of usable area already
planned and/or zoned within the traffic impact area. Any previously
approved projects within the TIA that have not yet been occupied should
also be factored in these future traffic-volume projections.
E.
Projected twenty-four-hour and peak-hour turning-movement data for
all access points proposed for the development.
F.
Capacity/level of service analysis on major intersections which will
be impacted by the additional volumes generated by the development.
G.
Recent data about existing accident levels at the above intersections,
categorized by accident type for each intersection.
H.
Descriptions of the street improvements that will be required in
order to avoid problems of traffic congestion and traffic safety.
I.
Cost estimates of any proposed improvements that will be required.
J.
Descriptions of existing and planned public transportation services
in the Borough and the potential to serve the proposed development.
K.
Descriptions of any actions proposed or offered by the applicant
to alleviate the impact of the proposed development on the transportation
network.
L.
The source of standards used in the data as presented.
M.
The applicant shall make any improvements necessary to maintain an
adequate level of service on all abutting intersections and streets.
As permitted in Article II, agricultural, horticultural and/or forestry-related uses are subject to the following.
A.
Minimum lot area requirements: 10 acres.
B.
Minimum lot width: 250 feet.
C.
Minimum setback requirements.
(1)
Front yard setback: 50 feet.
(2)
Side yard setback: 50 feet on each side (100 feet total).
(3)
Rear yard setback: 50 feet.
(4)
Special setback requirements.
(a)
Except as provided for in the following subsection, no new slaughter
area, area for the storage or processing of manure, garbage or spent
mushroom compost, structures for the cultivation of mushrooms or the
raising of commercial livestock or any building housing commercial
livestock shall be permitted within 300 feet of any property line
within any residential zone.
(b)
The Zoning Hearing Board may, as a special exception, however,
reduce the above special setback requirements where it is shown that,
because of prevailing winds, unusual obstructions, topography or other
conditions, a lesser distance would protect adjoining lands from odor,
dust or other hazards. In no case, however, shall the Zoning Hearing
Board reduce the special setback requirement to less than 100 feet.
The burden shall be upon the applicant to prove that a lesser distance
would not be detrimental to the health, safety and general welfare
of the community.
(5)
These setbacks shall not apply to agricultural fences that are used
to contain agricultural livestock. Such fences shall be set back a
minimum of six feet from any adjoining street right-of-way lines.
D.
Maximum permitted height: 150 feet, provided all structures are set
back a distance at least equal to their height from all property lines.
E.
Maximum lot coverage: 10%.
F.
All lanes exclusively serving agricultural, horticultural and/or
forestry-related uses shall be exempt from driveway and access drive
requirements.
G.
Permitted accessory uses include, but are not limited to, the following:
(1)
Roadside stands for the sale of agricultural products, subject to
the following:
(a)
Any structure used to display such goods and related parking
shall be no more than 2,000 square feet in size and shall be located
at least 25 feet from any property line.
(b)
At least 1/2 of the products displayed for sale must have been
produced on the premises.
(c)
Off-street parking shall be provided for all employees and customers.
(d)
Any signs used shall be attached to the roadside stand structure
and shall not exceed 10 square feet in total area nor exceed a maximum
height of 15 feet.
(2)
Family day-care facilities, as defined herein.
(3)
Manure storage facilities, subject to the following regulations:
(a)
All manure storage facilities shall be designed in compliance
with the guidelines outlined in the publication "Manure Management
for Environmental Protection," Bureau of Water Quality Management
Publication No. 43, and any revisions, supplements, and replacements
thereof, published by the Pennsylvania Department of Environmental
Protection, copies of which are available from the Office of Water
Quality Management in the Department of Environmental Protection Regional
Office located at One Ararat Boulevard, Harrisburg, Pennsylvania 17110,
telephone (717) 657-4585.
(b)
All waste storage facilities' design shall be reviewed by the
Lancaster County Conservation District. The applicant shall furnish
a letter from the Conservation District attesting to approval of the
design of the proposed facility.
(c)
Construction and subsequent operation of the waste storage facility
shall be in accordance with the permit and the approved design. Any
design changes during construction or subsequent operation will require
the obtainment of another review by the Lancaster County Conservation
District.
H.
Beekeeping, subject to the following:
(1)
It shall be the duty of the applicant to maintain each colony so
as to not create a public nuisance.
(2)
Colonies shall be maintained in movable frame hives.
(3)
Hives shall be located only within the rear yard and shall be situated
to maximize sunshine exposure and/or natural wind protection.
(4)
In no case shall hives be located within 25 feet of any property
line.
(5)
All hives shall have access to an on-site water supply. Unless a
natural water supply exists on the subject property, the applicant
shall furnish a water-filled tank with a board or crushed rock for
the bees to land on.
(6)
Hives shall not be oriented to children's play areas or neighboring
properties.
(7)
Adequate techniques in handling bees, such as requeening, and adequate
hive space shall be maintained to prevent unprovoked stinging 75 feet
or more from the hive.
I.
One single-family detached dwelling.
Except as required elsewhere within this chapter, all uses involving
the use of drive-through lanes shall comply with the following:
A.
Each drive-through lane shall have sufficient length between the
street and the service window/teller/bay to accommodate at least five
vehicles.
B.
All drive-through lanes shall be separated from the parking lot's
interior driveways by the use of curbs and/or planting islands.
C.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
[Added 11-14-2006 by Ord. No. 598]
A.
Purpose. It is recognized that in certain cases property owners may
desire to create a mural on a particular structure facade. It is further
recognized that certain murals may in fact prove to be beneficial
in making statements relative to the history of the Borough of Manheim.
However, to simply permit murals to be created without any type of
guidelines or control would be in direct conflict with the general
purpose of zoning and the specific language within the sign provisions
wherein billboards and similar signage are prohibited. It is therefore
the purpose of this section of the Zoning Ordinance to establish procedures
and guidelines under which murals may be permitted and even encouraged
within the landscape and streetscape areas along public thoroughfares.
The following provisions have been created to provide design, preparation,
painting, maintenance, eligibility and permitting standards and guidelines
to assist property owners in their efforts.
B.
Design guidelines. The following guidelines are to be utilized by
the design professional and the property owner in the creation of
an acceptable mural design.
(1)
The mural shall provide a representation of a historic theme or event
that is indicative of Manheim Borough. Such theme or event could represent
a historic event, business or era.
(2)
Use of lettering should be an incidental feature and not the prime
message of the mural; otherwise the mural would be treated as a sign.
Lettering shall be done in such a way that a patina, shading or other
aging treatment is utilized to downplay the physical message.
(3)
The mural shall be designed around existing architectural features;
removal or covering of window trim or other architectural features
shall be avoided at all cost and may only be approved with support
from the Borough's Historic Commission.
(4)
Services of a professional artist shall be obtained for the purpose
of creating the design for the intended mural. Applicants and/or their
artist are encouraged to be as creative and artistic as possible in
the preparation of the mural design.
(5)
The artist will be required to submit a portfolio of his/her/their
work and shall provide current references for all of the work contained
within the portfolio. Letters of reference are acceptable, provided
that addresses and phone numbers of the individual or agency that
contracted the work shown within the portfolio are also provided.
(6)
A written text describing the matter depicted by the mural shall
also be submitted. One of the goals of the mural program shall be
to provide for the creation of a brochure, a walking tour outline
and map that would be made available to the public, describing each
of the murals that exist within the Borough.
C.
Painting regulations. The following regulations are to serve as the
minimum acceptable standards for the actual creation of the mural.
(1)
The mural may be painted either directly on the building's surface
or on super-flex material and then stretched over a space on the building.
(2)
Painting directly on the building shall incorporate, but not be limited
to, the following steps:
(a)
Power washing and/or an appropriate chemical cleaning of the
wall area and all affected surfaces;
(b)
Use of an acrylic latex primer, allowing an appropriate drying
time in accordance with manufacturers' recommendations;
(c)
Use of oil-based paint; and
(d)
Application of a clear acrylic latex sealer (after an appropriate
curing time).
D.
Eligibility standards.
(1)
Standards need to be provided, listing structures and themes that
may prove to be appropriate in the creation of murals within the Borough.
The Historic Commission and Planning Commission shall jointly develop
a listing of potential building facades that could be considered for
the placement of a mural. In addition, they shall jointly develop
a listing of historic themes that could be utilized by property owners
for the creation of a mural.
(2)
A structures and theme listing shall be adopted either as part of
these regulations or by resolution adopted by Borough Council. In
addition, the listing may be added to or otherwise modified from time
to time based upon recommendations of the Historic Commission and
Planning Commission through the resolution process.
(3)
Publication of the eligibility standards does not infer that the
property owner(s) have agreed to have their building embellished in
this manner, nor does the listing of themes indicate that a specific
design has been developed for use in the creation of such a mural
on any of the listed structures. These listings are to be provided
as a guide and do not cover all of the buildings or themes that may
be able to gain approval; property owners may choose to present a
specific theme to the Historic Commission and Planning Commission
that they would like to utilize on a building facade in the creation
of a mural.
E.
Maintenance standards.
(1)
These standards are provided to assure that the property owner is
aware of his/her/their obligation that the mural will be properly
and fully maintained well into the future.
(2)
The property owner and Borough shall enter into and record an agreement
wherein the property owner will provide for the maintenance of the
mural. The agreement shall provide the Borough with certain rights
to assure that the mural is properly maintained. In addition, failure
by the property owner to maintain a mural shall result in certain
defined action by the Borough Codes Compliance Officer, including
but not limited to providing for legal notice to the property owner
of his requirement to take certain specific action to maintain and/or
repair the mural as well as providing the right for the Borough to
take such action and seek reimbursement from the property owner for
such work. In addition, the agreement shall address the owner's right
to remove or otherwise cover or restore the affected facade.
F.
Permitting. The permit application shall contain the following:
(1)
Name, address and phone number of the applicant.
(2)
Relationship of the applicant to the project (property owner, artist,
etc.).
(3)
Address of the property, including a description of the wall that
will be affected.
(4)
General description of the mural.
(5)
A rendering of the proposed mural.
(6)
Name, address and phone number of the artist, including the required
portfolio and references.
(7)
Anticipated project cost.
(8)
Outline of painting process.
(9)
Projected start and finish dates.
G.
Approval. Applications for the approval of a mural will be handled
in one of four ways: approved (as submitted); conditional approval
(approved with additional requirements); rejected (returned to the
applicant for additional information); or denied. The process will
require a three-step review and approval process beginning with the
Historic Commission.
(1)
The Historic Commission and Planning Commission will review the mural
design(s) based on the following criteria:
(2)
Recommendations from the Historic Commission will be forwarded to
the Planning Commission for its review. (The Codes Compliance Officer
or the Historic Commission shall reject applications that are deemed
to be incomplete. Applications that move past the Historic Commission
review will be considered complete.)
(3)
The Planning Commission shall add any comments or recommendations
to the application packet, and the matter shall be forwarded to Borough
Council for its consideration.
(4)
Upon receipt of the written Historic and Planning Commission recommendations,
Borough Council shall arrange for the applicant to make a presentation
at a public meeting, following which Council shall take action to
approve; conditionally approve; or deny the application. (Conditional
approval may require the applicant to submit a revised application,
description, drawing, or other design modifications, prior to permitting
the applicant to move forward with the project.) Any denial shall
state the basis for the denial.[1]
[1]
Editor's Note: Former Subsections H and I, regarding potential
structures and potential themes, which immediately followed, were
repealed 9-27-2022 by Ord. No. 678.
