[Ord. 1112, 1/19/2010]
For the purposes of carrying out the provisions of this chapter,
Mechanicsburg Borough is divided into zoning districts, which are
shown by the zoning district boundaries on the Official Zoning Map.
[Ord. 1112, 1/19/2010]
In order to maintain the Borough's established historic integrity
within all zoning districts, all proposed development — whether
new, infill, replacement or redevelopment — shall
seek to promote compatible building orientation, building form, parking
massing location, and pedestrian connectivity. The purpose of each
zoning district is outlined below:
A. Residential District Low-Density (R-L): to protect the character
of existing larger-lot, single-family neighborhoods, to promote a
suitable environment for family life and to accommodate additional
single-family residential development at a similar form, scale and
density.
B. Residential District Medium-Density (R-M): to accommodate a variety
of housing types, including single-family and lower-intensity multifamily
dwellings, at a similar form, scale and density.
C. Residential District High-Density (R-H): to accommodate a full range
of diverse housing types, including higher-intensity multifamily dwellings,
at a similar form, scale and density.
D. Commercial Market/Main District (CMM): to enhance the character and
vibrancy of the community's business core through unifying land use
patterns, including mixed-use development, reducing automobile dependency
for local residents as well as strengthening economic development
geared toward families and individuals within the community and throughout
the region at a similar form, scale and density.
E. Old Town District (OT): to provide for a complementary mix of higher-intensity
residential and neighborhood-scale business-oriented uses which promotes
continuation of the Borough's general historic settlement patterns
in proximity to the community's business core at a similar form, scale
and density.
F. Commercial General District (C-G): to provide for a variety of nonresidential
uses, inclusive of local and regional-oriented office and retail uses,
which are generally geared toward vehicular-oriented audiences.
G. Industrial District (I): to encourage the development and redevelopment
of manufacturing or similar industrial-oriented uses.
H. Traditional Neighborhood Development (TND) District:
(1)
To provide for the development of a traditional neighborhood
with a diversity of uses, block sizes, dwelling types, street types,
and open spaces in a compact layout which encourages walkability and
community identity.
(2)
To encourage innovations in residential and nonresidential development
so the growing demand for housing and other development may be met
by a compact, pedestrian-oriented and mixed-use structure in the neighborhood
pattern; integration with existing development patterns; and the conservation
and creative, efficient use of open space.
(3)
To encourage new development which draws from and extends the
historic pattern and character of Mechanicsburg.
(4)
To reduce public cost by efficient use of infrastructure.
(5)
To provide public safety through street design focused on slower
traffic speeds, pedestrian comfort, and safe pedestrian and bicycle
traffic within the development.
(6)
To foster community and civic life by creating attractive streetscapes
and public gathering places which create opportunities for random
encounters and organized gatherings.
(7)
To integrate streets, pedestrian walkways and interconnected
open space with adjacent neighborhoods.
(8)
To promote the implementation of, and be consistent with, the
Borough and County Comprehensive Plans and innovative land use techniques
presently under consideration for the Borough's new Comprehensive
Plan.
(9)
To provide recreational facilities in accordance with the goals
of the Borough's Recreational Plan.
(10)
To enhance and support property values within existing residential
and nonresidential properties in the Borough.
(11)
To take advantage of the opportunities for creative design as
promoted in Part VII-A of the Pennsylvania Municipalities Planning
Code, Act 247, as amended.
(12)
To recognize the TND District as an outgrowth and/or extension
of existing development by constituting it as a base zoning district,
rather than an overlay district.
I. Floodplain Overlay. See Chapter
8, Floodplains, of the Mechanicsburg Borough Code.
[Ord. 1112, 1/19/2010]
The boundaries between zoning districts are, unless otherwise
indicated, either the center lines of streets, alleys, rights-of-way,
lot lines, or such lines extended, or lines parallel thereto. The
vacation of streets, roads or rights-of-way shall not affect the location
of such zoning district boundaries. When the Zoning Officer is unable
to determine the location of a zoning district boundary by such center
lines, by the scale or dimensions stated on the Official Zoning Map
or by the fact that it clearly coincides with a property line, the
Zoning Officer shall refuse action and submit the requested review
to the Zoning Hearing Board.
[Ord. 1112, 1/19/2010]
No building, structure or land within any zoning district may
be used, and no building or structure may be erected, constructed,
reconstructed or altered, on or after the effective date of this chapter
unless intended or designed to be used for any of the uses enumerated
in Table 2 of this chapter.
A. The letter "P" denotes a permitted use by right, subject to the requirements
specified by this chapter and after a zoning certificate has been
issued in accordance with this chapter.
B. The letter "C" denotes a use that is conditional, subject to the requirements specified by this chapter and provided that the Borough Council grants the conditional use pursuant to Part
7 of this chapter.
C. The letter "S" denotes a use that is a special exception, subject to the requirements specified by this chapter and provided that the Zoning Hearing Board grants the special exception pursuant to Part
6 of this chapter.
D. The Borough recognizes the nature of mixed-use development and infill
opportunities as well as the historical patterns of building construction
and block and lot layout. In the OT and CMM Zoning Districts, the
following table outlines the permitted maximum square footage in which
an accessory use shall be permitted to utilize and/or expand a principal
use, so long as the principal use is a conforming use. An accessory
use is a use incidental to the principal use of the principal building
located on the same lot.
Table 1: Accessory Use Expansion
|
---|
Existing Building
(square feet)
|
New Use or Addition
|
---|
2,000
|
35% of existing
|
3,000
|
32% of existing
|
4,000
|
29% of existing
|
5,000
|
26% of existing
|
6,000
|
23% of existing
|
7,000
|
20% of existing
|
8,000
|
18% of existing
|
9,000
|
15% of existing
|
10,000+
|
12% of existing
|
[Ord. 1112, 1/19/2010]
Development within the TND Zone shall be composed of three subareas:
Neighborhood Edge, Neighborhood General, and Mixed Center. Standards
for each are given below.
A. Neighborhood Edge. Neighborhood Edge is the most informal, least dense and most purely residential subarea of the TND. It consists primarily of single-family detached dwellings. Buildings are set on relatively large lots with deeper setbacks than found in other areas of the TND. Building frontages may include porches, fences and terraces. Rear lanes are required for lots less than 50 feet in width; where the lots are wider, parking may be accessed by a front driveway. The Neighborhood Edge shall be provided where there is a common property line between the TND Zone and existing Low-Density Residential Zoning, not separated by a road or street. The Neighborhood Edge shall have a buffer yard of a minimum depth of 25 feet along any common property line between the TND and existing Low-Density Residential Zone not separated by a road or street, and it shall be planted and maintained with screen plantings in accordance with §
27-414. The minimum rear yard setback shall be 15 feet, in addition to the required buffer yard depth, from the edge of the required buffer yard. The Neighborhood Edge is subject to the following requirements and options:
[Amended by Ord. 1139, 7/15/2014]
(1)
Area. The Neighborhood Edge Subarea shall comprise 25% to 35%
of the gross acreage of a TND.
(2)
Uses: residential, in the form of single-family detached; with
no-impact home-based businesses and home occupations.
(3)
Lots. Each block may include a variety of lot widths. Lot depth
shall generally be uniform.
(a)
Up to 5% of lots may front directly onto open space without
having direct street frontage. Front access shall be provided by a
pedestrian sidewalk of at least six feet in width which connects to
the closest street.
(b)
Fences of up to three feet in height and in conformance with
the project graphic and architectural guidelines submitted with a
development plan are permissible along the front lot line. Such fence
shall be set back one foot from the sidewalk.
(c)
Where there is a common property line between the TND and existing low-density residential zoning, not separated by a road or street, the minimum lot width shall be 75 feet, and the minimum lot area shall be 8,000 square feet, including the buffer yard as required in §
27-415.
(d)
Open space. The Neighborhood Edge shall be arranged to ensure that no residential dwelling is more than 1,000 feet from some type of usable open space, as listed in §
27-406E.
(e)
Outbuildings. One outbuilding is allowed per residential lot.
[1]
A maximum footprint of 650 square feet is permitted.
[2]
Permitted uses for outbuildings include parking garages for
personal use and home occupations, when accessible by a rear lane.
[3]
Outbuildings may include a second story, accessible by exterior
stairs, when serviced by a rear lane.
(f)
Lanes. All lots less than 50 feet in width shall be provided
with rear access via a lane. Lanes are prohibited where there is a
common property line between the TND Zone and existing Low-Density
Residential zoning.
(g)
Garages. Attached front-loaded garages shall be set back at
least seven feet from the front building face.
B. Neighborhood General. A mixed but primarily residential area of the
TND, this subarea shall consist of single-family detached dwellings,
and single-family attached dwellings and civic buildings. Public parks
and greens are scattered throughout. The Neighborhood General Subarea
is subject to the following requirements and options:
[Amended by Ord. 1131, 12/18/2012; by Ord. 1138, 6/17/2014;
and by Ord. 1139, 7/15/2014]
(1)
Area. The Neighborhood General Subarea shall comprise 25% to
40% of the gross tract area of the TND.
(2)
Uses. Residential, in any form including no-impact home-based
businesses and home occupation and civic.
(3)
Lots. Each block may include a variety of lot widths. Lot depth
shall generally be uniform; however, it may be reduced to a minimum
of 80 feet for single-family attached buildings.
(a)
Up to 10% of lots may front directly onto open space without
having direct street frontage. Front access shall be provided by a
pedestrian sidewalk of at least six feet in width which connects to
the closest street.
(b)
Fences of up to three feet in height and in conformance with
the project graphic and architectural guidelines submitted with a
development plan are permissible along the front lot line. Such fence
shall be set back one foot from the sidewalk.
(4)
Buildings. Single-family detached dwellings and single-family
attached dwellings are permitted. Each building type shall comprise
at least 10% of the total number of residential units in the subarea.
An open porch may encroach by up to 50% of the front setback, but
shall not impede the sight distance.
(5)
Open space. The Neighborhood General Subarea shall be arranged to ensure that no residential dwelling is more than 1,000 feet from some type of usable open space, as listed in §
27-406E.
(6)
Outbuildings. One outbuilding is allowed per residential lot.
(a)
A maximum footprint of 650 square feet is permitted.
(b)
Permitted uses for outbuildings include parking garages for
personal use and home occupations when accessible by a rear lane.
(c)
Outbuildings may include a second story, accessible by exterior
stairs, when serviced by a rear lane.
(7)
Lanes. All lots less than 40 feet in width shall be provided
with rear access via a lane.
(8)
Garages. Attached front-loaded garages shall be set back at
least seven feet from the front building face.
C. Mixed Center. The most concentrated and fully mixed center of the
community includes single-family attached dwellings (including live/work
units) and/or apartment buildings; offices and apartments above retail
shops; and/or commercial, and/or civic buildings. Parking lots, except
where there is a compelling reason to the contrary, should be located
either behind or to the side of buildings and, in most cases, should
be located toward the center of blocks such that only their access
is visible from adjacent streets. First-floor retail is allowed throughout.
Open space is comprised of formal squares and plazas. Development
in the Mixed Center is subject to the following requirements and options:
[Amended by Ord. 1131, 12/18/2012; by Ord. 1138, 6/17/2014;
and by Ord. 1139, 7/15/2014]
(1)
Area. The Mixed Center Subarea shall comprise 5% to 10% of the
gross tract area of the TND.
(2)
Uses: residential, in the form of single-family attached buildings
and apartment buildings; no-impact home-based businesses and home
occupations; offices and apartments over retail shops; and commercial
and civic buildings.
(3)
Lots. Lot depth shall generally be uniform.
(a)
Front setbacks may be used for outdoor dining.
(b)
Fences of up to three feet in height and in conformance with
the project graphic and architectural guidelines submitted with a
development plan are permissible along the front lot line. Such fence
shall be set back one foot from the sidewalk.
(4)
Buildings. Heights shall range from a minimum of 18 feet, measured in accordance with §
27-409H(4), to a maximum as set forth in Table 3: TND Dimensional Standards.
(a)
Steeples, clock and bell towers, and other nonhabitable, architectural
embellishments to the appearance/facade of the structure may extend
to a height of 100 feet.
(b)
Commercial, single-family attached buildings and apartment buildings
shall have a maximum facade length not greater than 200 feet.
(c)
Sally ports and passages in commercial buildings, providing
access to rear parking lots, are encouraged.
(5)
Open space. The Mixed Center Subarea shall include a formal,
centrally located open space of 10,000 square feet minimum in not
more than two locations of 5,000 square feet minimum each. A hardscaped
plaza shall make up at least 25% of this open space.
(6)
Outbuildings. One outbuilding is allowed per lot.
(a)
A maximum footprint of 650 square feet is permitted.
(b)
Permitted uses for outbuildings include parking garages for
personal use and home occupations and rental apartments, when accessible
by a rear lane.
(c)
Outbuildings accessed by a rear lane may include a second story
accessible by exterior stairs.
(7)
Lanes. All lots less than 55 feet in width shall be provided
with rear access via a lane.
[Ord. 1112, 1/19/2010]
Access to the lot shall comply with the following regulations:
A. To maintain safety within the Borough and optimize safety of lot
ingress and/or egress, for any proposed new development, infill and/or
redevelopment, vehicular lot access shall be gained from the street
or alley, when there is more than one right-of-way to choose from,
that has the lesser of existing or proposed traffic volumes. No new
curb cuts along the street or alley which has the greater of traffic
volumes shall be permitted.
B. No two of said driveways serving single- and two-family dwellings
shall be closer to each other than 12 feet, when measured from the
driveway exterior edge, excluding any flare at a curb cut. Driveways
may be shared with no more than two units. The maximum width of any
one driveway at a lot line in a residential district shall be 20 feet.
C. Driveways shall be stabilized and shall be not less than 10 feet in width nor more than 20 feet in width in residential and mixed-use districts and no more than 35 feet in width in nonresidential districts, measured at right angles to the center line of the driveway, except as increased by permissible curb return radii as defined in Chapter
22, Subdivision and Land Development, of the Mechanicsburg Borough Code. The entire flare of any return radius shall fall within the right-of-way.
D. Driveways shall not cross the street right-of-way line within 40
feet of the street right-of-way line of an intersecting street, within
20 feet of an alley right-of-way and in no case less than 10 feet
from the point of tangency when the intersecting street lines are
joined by a curve.
E. Driveways shall not cross the street right-of-way within five feet
of a fire hydrant, catch basin or drain inlet.
F. Driveways shall not cross the street right-of-way within 40 feet
of another driveway on the same lot.
G. Driveways shall not cross the street right-of-way for all multifamily
developments and in all Commercial-General and Industrial Districts
within 20 feet of a property line unless two adjoining property owners
mutually agree in a legally recorded instrument to a common driveway.
To optimize safety, joint-access drives are encouraged.
H. Access drives shall provide a twelve-foot-wide cartway for each lane
of travel. See information below:
Number of Lanes
|
Direction of Travel
|
Required Access Drive Width
(feet)
|
---|
1
|
One-way
|
12
|
2
|
One- or two-way
|
24
|
3 or more
|
One- or two-way
|
12 per lane
|
I. Tree lawns, as required by Chapter
25, Trees, of the Mechanicsburg Borough Code, shall be provided.
J. Where there is no existing curb and gutter or sidewalk, a curb, fence,
or wall not exceeding three feet or less than eight inches in height
shall be constructed along the entire length of the property line,
except in front of the permitted driveway.
K. All driveways shall comply with all specifications and the sight distance requirements set forth in Chapter
22, Subdivision and Land Development, of the Mechanicsburg Borough Code. Driveways shall be located in safe relationship to sight distance and barriers to vision and shall not exceed a slope of 8% within 12 feet of the street line. Where driveways enter a bank through a cut, unless a retaining wall is used, the side slopes of the cut shall be graded to not more than 1/2 foot vertical to one foot horizontal within 10 feet of the point the driveway intersects with the right-of-way line. The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas and street access. Where a driveway or access drive gives access to a state road or highway, a highway occupancy permit must be obtained from the Pennsylvania Department of Transportation prior to issuance of the building permit.
L. A to-scale drawing of proposed off-street parking and loading areas,
driveways, and walks shall be submitted as part of the required plot
plan. Any plan requiring access onto a state highway shall be approved
by the Pennsylvania Department of Transportation.
M. Any nonresidential use in a residential zoning district which would
be expected to generate over 20 directional trips during the peak
hour of the traffic generator or the peak hour on the adjacent streets,
or over 100 trips in an average day shall front on an arterial or
collector street. Trips shall be calculated in accordance with the
most current published version of the Trip Generation Manual by the
Institute of Transportation Engineers or approved Borough equivalent.
[Added by Ord. 1138, 6/17/2014]
[Ord. 1112, 1/19/2010; as amended by Ord. 1125, 9/20/2011]
A. Accessory buildings, structures, uses and events permitted within
residential zoning districts of the Borough include:
(1)
Cultivation of plants as a hobby, including the erection and
maintenance of greenhouses and garden equipment storage buildings,
trellises, etc., but involving no commercial sales or advertising.
Cultivation shall also include a community garden and/or market garden
activity.
(2)
Fences, walls or hedges in accordance with §
27-417.
(3)
Garage or parking area meeting requirements of Part 8, limited
to one garage per lot.
(4)
Unless superseded by another Borough ordinance, the keeping
of nondomesticated animals, limited to 200 pounds per animal, and
structures for the housing of such animals on a lot of at least 80,000
square feet in area, except for poultry and/or fowl, and to be confined
on the lot by a fence or similar enclosure located at least five feet
from the lot line, unless adjacent to a residential lot, where the
setback shall be increased to 25 feet and where the structures shall
be located at least 100 feet from any dwelling on the subject lot,
and when only for the private noncommercial use of the occupants of
the dwelling on the same lot. Poultry and/or fowl may be housed on
any size lot, and fencing shall be at least five feet from the lot
line. A structure for the housing of poultry and/or fowl shall not
exceed eight feet in height. No animals shall be housed between the
front building facade and the front lot line. Domesticated animals
shall be as defined by the Mechanicsburg Borough Code.
(5)
Shelter for domestic pets, but not including a kennel, shall
not be located within a required setback of the zoning district in
which the lot is located.
(6)
Private swimming pool, tennis court, or similar private recreation
facility for the use of the residents of the dwelling and their guests
only. All of the foregoing shall be considered structures for the
purpose of permits and regulations of this chapter.
(a)
Swimming pools shall be constructed and maintained to comply
with all applicable federal, state and local requirements and must
be enclosed by a fence or other substantial barrier not less than
four feet high with a self-latching gate to prevent unauthorized access
to the pool by small children.
(b)
No pool, decking, fencing or other appurtenant equipment or
structures shall be located in a front yard or easement area.
(c)
All pools, inclusive of all concrete or wooden decking, and
all fencing must meet the required setbacks.
(d)
No water shall be discharged from a pool onto another property.
(7)
Satellite dish or antenna.
(a)
In all residential zoning districts, the maximum diameter of
any satellite dish antenna installed on any lot, building or structure
shall be 2 1/2 feet.
(b)
Only one satellite dish antenna shall be permitted per dwelling
unit.
(c)
Satellite dish antennas shall not be permitted in front yards
or on front facades.
(d)
A satellite dish antenna shall not project above the peak of
a roof; and if said satellite dish is roof-mounted, no point of the
satellite dish shall be greater than three feet from the roof's surface.
A satellite dish antenna shall be permitted to be mounted on a flat
roof so long as the satellite dish projects less than three feet from
the roof surface and is mounted in an inconspicuous location.
(8)
Signs in conformance with §
27-507 of this chapter.
(9)
No-impact home-based business.
(10)
Setback of accessory buildings and structures. No accessory
building or structure shall be located between the front lot line
and front building facade of the tract's principal building or structure.
No accessory building or structure, whether permanent or portable,
i.e., not affixed to a permanent foundation, shall be located or placed
within the following required side or rear setback areas or exceed
the height limitations specified:
Zoning District
|
Size of Building or Structure
(square feet)
|
Minimum Setback
(feet)
|
Maximum Height
(feet)
|
---|
Residential Low Density (RL)
|
<20
|
3
|
10
|
|
>120
|
5
|
As applicable to principal building or structure
|
Residential Medium/High
|
<20
|
1
|
10
|
Density (RM/RH)
|
>120
|
3
|
As applicable to principal building or structure
|
Old Town and Commercial Main and Market (OT, CMM)
|
All
|
0, except 1 foot rear setback in the Old Town District
|
As applicable to principal building or structure
|
Commercial General and Industrial (CG, I)
|
All
|
As applicable to principal building or structure
|
As applicable to principal building or structure
|
(11)
The provisions of this subsection shall apply to residential
lots and uses. No accessory building or structure, whether or not
affixed to the principal building or structure, shall exceed the height
limitation set forth in Subsection A(10) of this section, and in no
event shall it exceed the height of the principal building or structure.
Accessory buildings or structures shall not exceed 50% of gross floor
area of the principal building or structure. In no case shall the
footprint of accessory buildings and structures exceed the footprint
of the principal building or structure.
(12)
Clear sight triangle. All accessory buildings, structures, uses
and events, screens and buffer yards or landscaping shall be located
so as to not obstruct pedestrian access, visibility for traffic on
adjacent streets or traffic entering or leaving a lot or adjacent
lots. Minimum sight distances shall be maintained and located in accordance
with the clear sight triangle definition.
(13)
The use of nontraditional storage units, including those commercially
known as "PODs," or an enclosed "container" of a box trailer with
or without wheels, shall be permitted on a temporary basis, subject
to the following:
(a)
Units shall be permitted on a lot for a maximum period of 60
consecutive days in any one calendar year. This period may be extended
upon written request to the Zoning Officer for a period not exceeding
180 days.
(b)
The "container" of a box trailer, with or without wheels, shall
not be used for permanent storage in any zoning district.
(14)
Other uses or structures customarily incidental to principal
uses or structures permitted in the zoning district.
B. Permitted accessory uses, structures, uses and events in mixed-use
and nonresidential zoning districts:
(1)
Amusement game machines not located in a commercial recreation
and entertainment facility, limited to three machines per establishment
located within and accessible only from the principal building in
which the principal use is conducted.
(2)
Administrative services ancillary and accessory to the principal
use which occupy the same building as the principal use, to include
copying and printing services, mail packaging and receiving, retail
sales, secretarial services and similar activities.
(3)
Drive-through or freestanding automated teller system, which
is a machine or series of machines used for the purposes of dispensing
money, accessory to a use. Said system shall only be permitted for
walk-up access in the CMM District.
(4)
Day-care center restricted to children of employees or customers
while on site or users of services offered by the principal use.
(5)
Fences, hedges and/or walls, subject to the provisions of §
27-417.
(6)
Individual apartment of the owner, or manager, or an employee
of the business occupying the lot.
[Amended by Ord. 1131, 12/18/2012]
(7)
Branch bank within an office building.
(8)
Off-street loading areas, subject to the requirements of Part
8.
(9)
Off-street parking areas and/or garages for the exclusive use
of customers patronizing the establishment on the premises and for
employees of the establishment in accordance with the requirements
of Part 8.
(10)
Outdoor dining which does not extend more than six feet into any right-of-way and where a physical barrier is provided between such dining area and the adjacent right-of-way space. Outdoor dining shall be permitted within a front and/or side yard in accordance with the requirement of Chapter
21, Streets and Sidewalks, of the Mechanicsburg Borough Code.
(11)
Retail sales of books, magazines and newspapers (excluding adult
bookstores), restaurants (no drive-up/drive-through), and drug stores
located on and not occupying more than 25% of the building's first
floor, exclusive of basement, and provided that there shall be no
exposed entryway serving the business on the exterior of such building.
(12)
Satellite dish or antenna mounted on the ground and located
not less than 1 1/4 times its maximum height from any side or
rear lot line but not forward of the front setback line; or mounted
on the roof. In CMM or OT Districts, only one satellite dish/antenna
shall be permitted per dwelling unit, and said satellite dish/antenna
shall not be permitted in any front yard or on any front facade. Within
the CMM and OT Districts, a satellite dish antenna shall not project
above the peak of the roof; and if said satellite dish is roof-mounted,
no point of the satellite dish shall be greater than three feet from
the roof's surface. A satellite dish antenna shall be permitted to
be mounted on a flat roof so long as the satellite dish projects less
than three feet from the roof surface and is mounted in an inconspicuous
location. Within the CMM and OT Districts, no ground-mounted dish
shall exceed six feet in diameter.
(13)
Signs in conformance with §
27-507 of this chapter.
(14)
Swimming pool, tennis court, or similar accessory recreation
facility.
(a)
A swimming pool, tennis court or similar accessory recreational facility when the permitted use is a hotel, motel, bed-and-breakfast, public park, club, cultural or institutional use, or when serving common residential units on the same tract. All of the foregoing shall be considered structures for the purpose of permits and regulations of this chapter and shall be subject to the requirements of the applicable zoning district and §
27-413A(6).
(b)
Private swimming pool, tennis court, or similar private recreation facility for the use of the residents of a single dwelling unit and their guests only shall be subject to the requirements of the applicable zoning district and §
27-413A(6).
(15)
Temporary structure incidental to the development of a lot,
to be removed upon the completion of development.
(16)
Other uses or buildings customarily incidental to principal
uses or structures permitted in a zoning district.
(17)
Residential lots or uses shall be subject to §
27-413A(11). Nonresidential lots or uses shall be subject to the following requirements. Accessory uses are limited to 25% of the gross floor area of the principal use, exclusive of basement. Employees of the accessory uses shall not exceed 25% of the total number of employees in the principal use. Provisions, including but not limited to parking, loading, signage and setbacks, shall be applicable to identified accessory uses.
(18)
In the CMM Zoning District, only when in combination with a
nonresidential use, residential use may occupy any upper floor. At
no time may a residential use within said building occupy the ground
(street-level) floor of the same building.
[Amended by Ord. 1138, 6/17/2014]
(19)
No dumpsters, service structures or similar structures shall
be permitted to be located between the front facade of the principal
building on the lot and the front lot line.
(20)
Seasonal outdoor farmers' market.
(a)
A temporary use permit shall be required. See Part 13, Permits.
(21)
Setback of accessory buildings and structures. No accessory building or structure shall be located between the front lot line and front building facade of the tract's principal building or structure or exceed maximum height limitations. No accessory building or structure, whether permanent or portable, i.e., not affixed to a permanent foundation, shall be located or placed within the required side or rear setback areas. Setbacks and heights are governed by the requirements set forth in §
27-413A(10).
C. In all zoning districts, the following regulations shall apply:
(1)
Radio or television antennas. A radio or television antenna
shall be permitted as an accessory use, subject to the following requirements:
(a)
A radio or television antenna structure may be installed in
a rear yard area or mounted on a roof or chimney, provided that the
structure shall not be located within 20 feet of any lot line unless
the roof or chimney is already infringing within the setback.
(b)
The antenna shall be no more than 12 feet higher than the structure
on which it is to be mounted and shall be designed so as to have minimal
visual impact to the building or structure, utilizing techniques such
as being the same color as the building or pole on which it is located.
If placed on a roof, any antenna exceeding eight feet in overall height
shall be mounted with guy wires.
(c)
Any such structure shall comply with applicable Federal Communications
Commission regulations.
(d)
Radio or television antenna structures located on the ground
shall be screened from adjacent lots by evergreen trees or other suitable
landscaping material, as defined by the Borough.
(2)
Communications antennas. The following regulations are applicable
to communications antennas mounted or located on existing or newly
constructed nonresidential buildings, light poles/standards or on
utility transmission poles and communications equipment building/cabinets
and shall be permitted in all zoning districts:
(a)
Omnidirectional or whip antennas shall not exceed 20 feet in
height from the existing structure on which the antenna is mounted
or seven inches in diameter and shall be permitted solely on existing
permitted structures at least 35 feet in height.
(b)
Directional or panel antennas shall not exceed five feet in
height or three feet in width.
(c)
No sign or other advertising shall be allowed on any antenna,
including the name of the communication company. However, a commercial
communication antenna may be allowed on any legally permitted permanent
billboard or outdoor advertising sign as long as the other requirements
of the chapter are met. The communication company is allowed a sign
not to exceed two square feet for identification and notification
purposes in case of an emergency.
(d)
No illumination is permitted on commercial communication antennas
unless required by the FCC, FAA or other state or federal agency of
competent jurisdiction or unless necessary for air traffic safety.
If lighting is required, the Zoning Officer shall review the available
lighting alternatives and approve the design that would cause the
least disturbance to the surrounding uses and views.
(e)
Accessory roof structures required for the operation of the
antenna shall be of a material or color which matches the exterior
of the building or structure.
(f)
The applicant shall provide a certification from a professional
engineer, having demonstrated capability and competence in matters
of structural integrity, that the proposed installation will not exceed
the structural capacity of the pole or building upon which the communications
antenna is proposed to be located, considering wind, ice, snow and
other loads associated with the communications antenna location.
(g)
The applicant shall provide detailed construction drawings indicating
how the communications antenna(s) will be mounted, for review by the
Municipal Engineer.
(h)
Unless mounted on an existing utility pole, the minimum building
setback requirements for the antenna shall be five feet from a lot
line.
(i)
The antenna shall be no more than 12 feet higher than the structure
on which it is to be mounted and shall be designed so as to have minimal
visual impact to the building or structure, utilizing techniques such
as being the same color as the building or pole on which it is located.
(j)
The applicant shall provide authorization from the legal owner
of the lot to install the communications antenna and any structure
accessory to the communications antenna.
(k)
The applicant shall provide agreements, easements, or rights-of-way
necessary to ensure access for the purpose of installation and maintenance.
(l)
Any existing or newly constructed freestanding light pole/standard
or utility transmission pole may be constructed, reconstructed or
altered for the purpose of accommodating the location and/or installation
of communications antenna, provided that the height of the light pole/standard
or utility transmission pole, once constructed, reconstructed or altered,
shall not exceed 65 feet.
(m)
All communications antennas shall be operated so that they will
not cause interference with other communications antennas.
(n)
If any accessory communications equipment building/cabinets
are proposed for the operation of the communications antenna, the
following regulations shall be adhered to:
[1]
The communications equipment building/cabinets and associated
equipment may be located at or near the base of any existing or newly
constructed light pole/standard. If the communications equipment building/cabinets
are proposed for a communications antenna located on a nonresidential
building or structure other than an existing or newly constructed
light pole/standard, such communications equipment building/cabinets
may be located on the structure or building on which the communications
antenna is located.
[2]
Screening shall be provided at an opacity and height to obscure
85% of the proposed antenna base.
[3]
For those communications antennas that are mounted on utility
transmission poles, the communications equipment building/cabinets
shall be located within the utility easement or right-of-way and shall
not obstruct sidewalks, streets and/or driveways nor interfere with
traffic sight distances.
[4]
Any communications equipment building/cabinets where the area
encompassing the communications equipment building/cabinets is equal
to or less than 100 square feet shall be subject to the height and
setback requirements of the zoning district for an accessory structure.
Any communications equipment building/cabinets where the area encompassing
the communications equipment building/cabinets is greater than 100
square feet shall be subject to the height and setback requirements
of the zoning district for a principal building or structure.
(3)
Canopies and similar structures. Freestanding canopies and other
similar permanent, freestanding, roofed structures greater than 150
square feet shall be permitted to cover outdoor seasonal display and
sales areas or fuel-dispensing areas accessory to permitted uses in
the zoning districts, provided that:
(a)
No portion of such structure shall be located less than 20 feet
from any lot line or street right-of-way.
(b)
Such structure shall not be enclosed or incorporate walls.
(c)
A minimum of 50% of the vertical supports utilized for the structure
shall be designed to incorporate the same primary exterior material
as the lot's principal building.
(d)
Any lighting associated with said structures shall be reduced
to 1/2 normal operating power between the hours of 11:00 p.m. and
6:00 a.m., but in no case shall exceed zero footcandles at the lot
line.
(e)
Such structure shall be removed within one work week immediately
once the principal use or the use of the structure is discontinued
or shall cease to exist.
(f)
The above provisions shall not apply to canopies attached to
the principal and/or accessory building of a lot.
(4)
All other accessory activities. All other accessory buildings,
structures, uses or events shall not be permitted in the required
front yard or required side yards and shall be located at least 10
feet from the rear lot line.
(5)
Recycling collection point, public. Recycling collection points,
public, are permitted, subject to the following criteria:
(a)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
any menace to public health and safety; offensive or obnoxious odors;
the breeding, harboring or infestation of rats and other rodents and
vermin; and violation of any health or sanitary law, ordinance, or
regulation of the Borough of Mechanicsburg or the Commonwealth of
Pennsylvania.
(b)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking.
(c)
Materials to be collected shall be of the same character as
the following materials: paper, cardboard, plastic, steel/tin, aluminum
and glass. No garbage shall be stored as part of the use except for
that generated on site and that accidentally collected with the recyclables.
Only materials clearly being actively collected for recycling may
be stored on site. Used tires shall not be stored on site.
(d)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or landfilling shall occur. No mechanical operations
shall routinely occur at the site other than operations such as the
baling of cardboard.
(e)
All related structures shall comply with setback requirements
for accessory structures in the underlying zoning district, and structures
shall not be permitted to be located between the front facade of the
principal building on the lot and the front lot line in any residential
or mixed-use zoning district.
(f)
Screening shall be provided in accordance with Part
4 of this chapter.
(g)
All uses must comply with Borough building, health, housing,
rental, safety, property and other applicable code requirements.
[Ord. 1112, 1/19/2010; as amended by Ord. 1138, 6/17/2014]
A. A planting strip at least five feet wide shall be provided between
the edge of the street right-of-way and any parking area authorized
in any yard which is adjacent to a street, roadway or alley. Planting
strips between the right-of-way and the parking area shall be landscaped
and maintained with ground cover, shrubbery, trees or other landscape
or decorative materials across the entire lot in order to prohibit
vehicular and pedestrian access, except at approved ingress and egress
points. Landscaping species at their mature heights shall not obstruct
visibility for traffic entering or leaving the lot or traveling on
the public street, roadway or alley.
B. Surface parking area.
(1)
In parking areas containing more than 10 new spaces, at least
20% of the interior parking area shall be landscaped with plantings,
including one tree for each five spaces.
(2)
Interior landscaping shall be required for new parking areas
or expansion of existing parking areas containing more than 4,000
square feet or 10 parking spaces, whichever is less. Where a preexisting
parking area is altered or expanded to increase the size to 4,000
or more square feet of area or 10 or more parking spaces, interior
landscaping for the entire parking area shall be provided.
(3)
One internal landscape island shall be provided for every 10
parking spaces or every 20 double-loaded spaces.
(4)
No more than 10 parking spaces shall be provided in an unbroken
row without the provision of interior landscape islands.
(5)
At least one shade tree, 2.5 inches' minimum diameter at breast
height, as defined by the American Standard for Nursery Stock (American
Association of Nurserymen), shall be provided in each interior landscape
island. The remaining area of the required interior landscape islands
and/or interior landscape area shall be landscaped with shrubs or
perennials, either of which should not exceed two feet in height,
or with turf grass.
(6)
Shade tree size, caliper and type shall be required according to the provisions of Chapter
25, Trees, of the Mechanicsburg Borough Code.
(7)
Unless otherwise approved by the Borough Engineer for promoting
sustainable stormwater management practices, all landscape islands
shall be enclosed by appropriate curbing or a similar device at least
six inches wide and six inches in height above the paving surface.
C. Landscaping for service structures. All service structures shall
be fully screened with a minimum of 80% opacity. For the purposes
of this subsection, service structures shall include propane tanks,
dumpsters, air-conditioning units and condensers, electrical transformers
and other equipment or elements providing service to a building or
a lot.
(1)
Location of screening. A continuous planting, hedge, fence,
wall or earthen mounding shall enclose any service structure on all
sides, unless such structure must be frequently moved, in which case,
screening on all but one side is required. Fencing, if erected, shall
be constructed of the same material as the principal building of a
lot. The average height of the screening material shall be one foot
more than the height of the enclosed structure but shall not be required
to exceed eight feet in height unless specified otherwise by this
chapter. When a service structure is located adjacent to a building
wall, landscaping material may fulfill the screening requirements
for that side of the service structure if that wall or screening material
is of an average height sufficient to meet the height requirement
set out in this section. Although service structures are screened
by plant material, such material may not count towards the fulfillment
of required landscaping. Said screening shall be installed at the
service structure, not along the perimeter or lot line of said lot
on which the structure is located. Said screening shall not be installed
in lieu of any other screening that is required on the lot.
(2)
Protection of screening material. Whenever screening material
is placed around any trash disposal unit or waste collection unit
that is emptied or removed mechanically on a regular basis, a fixed
barrier (e.g., mounted metal brackets) to contain the placement of
the container shall be provided within the screening material on those
sides where there is such material. The barrier shall be at least
18 inches from the screening material and shall be of sufficient strength
to prevent possible damage to the screening when the container is
moved. The minimum front opening of the screening material shall be
12 feet to allow service vehicles access to the container.
D. If landscaping requirements cannot be achieved, the value of said
landscaping, as prepared by a registered landscape architect, shall
be submitted to the Borough for contribution to the Borough's Shade
Tree Fund.
[Ord. 1112, 1/19/2010]
Occupancy of a basement or foundation structure prior to the
completion of the overall building or structure shall not be permitted.
[Ord. 1112, 1/19/2010]
Fences and walls may be erected, altered and maintained in context
of the following provisions. Said structures shall not need to comply
with setback criteria as required by this chapter for accessory structures
unless otherwise required. A minimum one-foot minimum setback is recommended
for maintenance purposes.
A. Any such fence or wall in the front yard between the front facade
of the principal building and the front lot line shall not exceed
four feet in height. To maintain the historic nature of the Borough,
no fence or wall in the front yard shall consist of chain-link material
and/or a pattern similar to that of a chain-link fence. Unless for
security purposes of an industrial use, no barbed wire shall be erected
as part of the following fencing requirements. No fence shall be constructed
of fabric, junk, junk and/or abandoned vehicles, appliances, tanks,
and/or barrels. Fences within front yards shall contain openings therein
equal to 50% of the area.
B. Any fence or wall in the side yard not addressed by the provisions of §
27-417A shall be in accordance with the following: Fences within residential zoning districts shall not exceed eight feet six inches in height. Fences within nonresidential zoning districts shall not exceed 12 feet in height.
C. Any fence or wall exceeding six feet in height shall contain openings
therein equal to 50% of the area of that portion of the wall or fence
exceeding six feet.
D. Fences shall have a minimum footer of three feet in depth underground
for stability and safety.
E. All yards used for the storage of any material needed for the operation
or conduct of a industrial or commercial enterprise shall be enclosed
by a solid wall, uniformly painted board fence, chain-link fence in
conjunction with a screen planting or screen planting on all sides
which face upon a street or face upon a lot in any zoning district
other than an industrial zoning district.
F. If the fence is wood cover or wood composite on wood or wood composite
frame, the framework must face onto the interior of the lot, unless
the fence is so designed as to provide equal frame and cover area
to adjoining yards.
G. If the fence is open metal mesh, supported by posts and frame of
either pipe or wood, the posts and frames must be on the interior
side of the fence (oriented to the interior portion of the lot).
H. If the fence is of masonry construction, a finished surface must
be provided on the exterior side.
I. No fence shall be constructed in any public right-of-way.
J. All fences must meet the intersection visibility requirements set
forth in this chapter.
K. The exterior face of all fencing shall face to the exterior of the
lot.
L. Fences and walls located in the Historic District shall comply with
the provisions designated in the Historic and Architecture Review
Board Ordinance.