A. 
Establishment of districts. New Freedom Borough is hereby divided into districts enumerated below and shown on the map entitled "New Freedom Borough Zoning Map," which map is part of this chapter:[1]
(1) 
Conservation District.
(a) 
NR - Natural Resources.
(2) 
Residential Districts.
(a) 
RR - Rural Residential.
(b) 
SF - Single Family Residential.
(c) 
TN - Traditional Neighborhood Residential.
(3) 
Work and Service Districts.
(a) 
CB District - Central Business.
(b) 
LI - Light Industrial Employment.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
B. 
Boundaries of districts. Where uncertainty exists as to the boundaries of the districts as shown on the Zoning Map, the following rules shall apply.
(1) 
Boundaries indicated as approximately following the center line of streets, highways, or alleys shall be construed to follow such center line.
(2) 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3) 
Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.
(4) 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(5) 
Boundaries indicated as following utility lines or rights-of-way shall be construed to be centered upon such lines or rights-of-way.
(6) 
Boundaries indicated as approximately following the center line of streams, rivers, or other bodies of water shall be construed to follow such center line.
(7) 
Boundaries indicated as parallel to, or extensions of, features indicated in Subsection B(1) through (5) shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
(8) 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in circumstances not covered by Subsection B(1) through (7), the Zoning Hearing Board shall interpret the district boundaries.
C. 
Lots split by boundaries of districts. If a lot is split by a zoning boundary, the minimum lot area and lot width for the district in which the principal building, structure, or use is to be located shall be applicable to the entire lot.
A. 
Uses permitted. The uses permitted in the districts established by this chapter and the permitted extent of these uses are as shown in §§ 225-303 through 225-308. The uses shown as permitted in each district are the only uses permitted in that district. Unless otherwise noted, the use or dimensional standards are the requirements for each use. However:
(1) 
Additional general provisions are set forth in Article IV.
(2) 
Modifications to the use or dimensional requirements are set forth in Article IV.
(3) 
Standards for conditional uses are set forth in Article IV.
(4) 
Standards for special exception uses are set forth in Article VI and § 225-1004.
B. 
All other uses. Any use not specifically allowed elsewhere in this chapter shall be allowed by special exception in the district or districts where, and to the extent that, similar uses are permitted or allowed by special exception, provided that said use meets the requirements for a special exception and does not constitute a public or private nuisance.
C. 
Accessory uses and structures. Accessory uses and structures shall be permitted in conjunction with the principal uses permitted by this chapter and shall be further subject to the requirements for accessory uses and structures as set forth in Article IV.
D. 
Uses with nuisance effect. In no case is a use permitted which by reason of noise, dust, odor, appearance, or other objectionable factor creates a nuisance, hazard, or other substantial adverse effect upon the reasonable enjoyment of the surrounding property unless otherwise allowed by law, as in the case of agricultural security areas.
E. 
Existing and proposed uses. Where a proposed use is to be located adjacent to or near an existing use, the existing use, as long as such existing use is determined to be legal, shall not be considered a nuisance.
F. 
Site design. The layout and design of any subdivision or land development plan shall be consistent with current principles and practices of modern site planning and development. In accordance with Section 503(5) of the Pennsylvania Municipalities Planning Code,[1] the Borough reserves the right to alter site plans that do not conform with such principles and practices or that do not meet the design provisions of Chapter 194, Subdivision and Land Development.
[1]
Editor's Note: See 53 P.S. § 10503(5).
G. 
Underground utilities. Generally, all utilities, including telephone, electric, and electronic message transmission and distribution lines, shall be located underground, unless PUC or industry standards dictate otherwise in a particular circumstance.
H. 
Municipal buildings and uses. This chapter shall not apply to any building or structure of the Borough, if the Borough Council shall, after a public hearing, decide that such building or structure, or extension thereof, or such use of any premises is reasonably necessary for the convenience or welfare of the public.
A. 
Purpose. In areas where major physiographic problems exist, accessibility is difficult, or unique natural beauty exists, a Natural Resources District is established to conserve the existing character of such areas by providing for low intensity, residential agricultural or recreational uses, thus guiding substantive land development into more appropriate zoning districts.
B. 
Permitted uses. The following uses are permitted by right in the NR District:
(1) 
Agriculture, including animal husbandry.
(2) 
Greenhouse.
(3) 
Home occupation.
(4) 
House of worship.
(5) 
Park.
(6) 
Roadside agricultural stand.
(7) 
Stables.
C. 
Uses by special exception. The following uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles IV and X of this chapter.
(1) 
Animal hospital/veterinarian office.
(2) 
Campground.
(3) 
Cemetery.
(4) 
Communication facility.
(5) 
Group home.
(6) 
Kennel.
(7) 
Principal use as accessory use.
(8) 
Private club.
(9) 
Single-family detached home.
(10) 
Supply utility.
(11) 
Accessory dwelling unit (ADU).
[Added 3-14-2011 by Ord. No. 2011-1]
D. 
Uses permitted by conditional approval. The following uses shall be permitted as conditional uses when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article IV of this chapter.
(1) 
Entertainment/recreation facility (outdoor only).
(2) 
Sanitary utility.
(3) 
Cluster development.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
Lot Area
(acres)
Lot Width
(feet)
Campground
10
200
Animal husbandry, stables
5
200
All other uses
2
200
F. 
Minimum setbacks. Each lot shall have front, side, and rear setbacks not less than the following:
(1) 
Campgrounds.
(a) 
Front: 100 feet.
(b) 
Side: 100 feet.
(c) 
Rear: 100 feet.
(2) 
Animal husbandry, stables. For barns, pens or other enclosures in which animals or poultry are kept, and the storage of manure, or odor- or dust-producing substances:
(a) 
Front: 100 feet.
(b) 
Side: 100 feet.
(c) 
Rear: 100 feet.
(3) 
All other uses.
(a) 
Front setback: 50 feet.
(b) 
Side setback: 50 feet.
(c) 
Rear setback: 50 feet.
G. 
Maximum building height.
(1) 
For all principal buildings: 35 feet or 2 1/2 stories.
(2) 
For all accessory buildings: 14 feet.
(3) 
For all structures not intended for human occupancy: See § 225-505.
H. 
Maximum coverage.
(1) 
Building coverage: 10% of the lot area.
(2) 
Lot coverage: 15% of the lot area.
I. 
Design standards. In the Natural Resources District, all principal buildings shall be located upon a portion of the lot where the following siting criteria are met. Similarly, any plan proposed for the subdivision of land shall comply with the design standards of § 225-305 and will demonstrate that at least 5% of the area of each lot created by such proposed plan also meets the following siting criteria:
(1) 
Maximum slope. No portion of the natural grade of any proposed site for the location of a principal building shall exceed a slope of 25%.
(2) 
[1]Wetland. No portion of any site proposed for the location of a principal building shall be located within 100 feet of any wetland as currently established by the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: Former Subsection I(2), Floodplain, was repealed 3-14-2011 by Ord. No. 2011-1.
(3) 
Existing tree cover. The clear cutting of existing trees in preparation for development is expressly forbidden. Moreover, all land development plans shall show:
(a) 
Existing wooded areas;
(b) 
All individual trees having a diameter of six inches or greater as measured three feet above the adjacent ground level that are located outside the existing wooded areas; and
(c) 
Wooded areas or individual trees proposed for removal.
(4) 
Stream valleys. Any property in the RR District crossed by the South Branch of the Codorus Creek, Bee Tree Run or Hunt Run shall maintain such stream and its associated stream valley as perpetual open space according to the criteria set forth in the Subdivision and Land Development, Ordinance.[2]
[2]
Editor's Note: See Ch. 194, Subdivision and Land Development.
(5) 
Mandatory site improvements.
(a) 
The following improvements shall be required of all future cluster developments in the NR District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1] 
Any new street connection or any new pedestrian/bicycle path proposed by the Borough Comprehensive Plan, or other suitable alternative proposal due to an identifiable and compelling reason.
[2] 
Curbing at the edge of all cartways.
(b) 
Design standards for these improvements are contained in the Borough Subdivision and Land Development, Ordinance.[3]
[3]
Editor's Note: See Ch. 194, Subdivision and Land Development.
A. 
Purpose. In some fringe areas of the Borough where residential development is likely over the long term, but where such development has not yet occurred, Rural Residential Districts are established. The purposes of this district are:
(1) 
To prevent random, unplanned development;
(2) 
To encourage sound planning for future development, including provision and/or extension of utilities, roads, and services in a logical and practical manner within the fiscal means of the providing agency;
(3) 
To guide substantive land development into more appropriate zoning districts;
(4) 
If development does occur, to maintain an open character through substantial open space; and
(5) 
To create conditions generally favorable to carrying out the broad purposes of the New Freedom Borough Comprehensive Plan and § 225-102, Purpose, of this chapter.
B. 
Permitted uses. The following uses are permitted by right in the RR District:
(1) 
Agriculture, including animal husbandry.
(2) 
Greenhouse.
(3) 
Group home.
(4) 
House of worship.
(5) 
Park.
(6) 
Single-family detached dwelling.
(7) 
Single-family attached dwelling.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(8) 
No-impact home-based business.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Uses permitted by special exception. The following principal uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles IV and X of this chapter:
(1) 
Animal hospital/veterinarian office.
(2) 
Cemetery.
(3) 
Communication facility.
(4) 
Family day-care home.
(5) 
Group day-care home.
(6) 
Home occupation.
(7) 
Kennel.
(8) 
Principal use as accessory use.
(9) 
Private club.
(10) 
Supply utility.
(11) 
Accessory dwelling unit (ADU).
[Added 3-14-2011 by Ord. No. 2011-1]
D. 
Uses permitted by conditional approval. The following uses shall be permitted as conditional uses when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article IV of this chapter:
(1) 
Cluster development.
(2) 
Entertainment/recreation facility (outdoor only).
(3) 
Mobile home park.
(4) 
Roadside agricultural stand.
(5) 
Sanitary utility.
E. 
Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
Lot Area
Lot Width
Cluster development
See § 225-409
All other principal uses
43,560 square feet (1 acre)
150 feet
F. 
Minimum setbacks. Each lot shall have front, side, and rear setbacks not less than the following:
(1) 
Cluster developments. See § 225-409.
(2) 
Animal husbandry, stables. For barns, pens or other enclosures in which animals or poultry are kept, and the storage of manure, or odor- or dust-producing substances:
(a) 
Front: 100 feet.
(b) 
Side: 100 feet.
(c) 
Rear: 100 feet.
(3) 
All other permitted uses.
(a) 
Front: 40 feet.
(b) 
Side: 15 feet.
(c) 
Rear: 25 feet.
G. 
Maximum building height.
(1) 
Principal uses: 35 feet or 2 1/2 stories.
(2) 
Accessory residential structures: 14 feet.
(3) 
Principal or accessory structures not designed for human occupancy: See § 225-505.
H. 
Maximum coverage.
(1) 
Building coverage: 15% of the lot area.
(2) 
Lot coverage: 20% of the lot area.
I. 
Design standards. In the Rural Residential District, the design, construction, or improvement of any lot shall, in addition to all other requirements for land development, meet the following design standards:
(1) 
Existing tree cover. The clear cutting of existing trees in preparation for development is expressly forbidden. Moreover, all land development plans shall show:
(a) 
Existing wooded areas;
(b) 
All individual trees having a diameter of six inches or greater as measured three feet above the adjacent ground level that are located outside the existing wooded areas; and
(c) 
Wooded areas or individual trees proposed for removal.
(2) 
Stream valleys. Any property in the RR District crossed by the South Branch of the Codorus Creek, Bee Tree Run, or Hunt Run shall maintain such stream and its associated stream valley as perpetual open space according to the criteria set forth in the Subdivision and Land Development, Ordinance.[1]
[1]
Editor's Note: See Ch. 194, Subdivision and Land Development.
(3) 
Mandatory site improvements.
(a) 
The following improvements shall be required of all future cluster developments in the RR District:
[1] 
Any new street connection or any new pedestrian/bicycle path proposed by the Borough Comprehensive Plan, or other suitable alternative proposal due to an identifiable and compelling reason.
[2] 
Curbing at the edge of all cartways.
(b) 
Design standards for these improvements are contained in the Borough Subdivision and Land Development, Ordinance.[2]
[2]
Editor's Note: See Ch. 194, Subdivision and Land Development.
A. 
Purpose. In areas where residential development has already begun and reasonable access to industrial, commercial and public activities is available, Single Family Residential Districts are established. It shall be the purpose of these districts to promote and encourage a suitable and safe environment for family life by providing only for single-family residences and residential support land uses.
B. 
Permitted uses. The following uses are permitted by right in the SF District:
(1) 
Crop farming.
(2) 
Greenhouse.
(3) 
Group home.
(4) 
House of worship.
(5) 
Park.
(6) 
Single-family detached dwelling.
(7) 
No-impact home-based business.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Uses by special exception. The following use shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles IV and X of this chapter.
(1) 
Cemetery.
(2) 
Communication facility.
(3) 
Family day-care home.
(4) 
Principal use as accessory use.
(5) 
Supply utility.
(6) 
Accessory dwelling unit (ADU).
[Added 3-14-2011 by Ord. No. 2011-1]
D. 
Uses permitted by conditional approval. The following uses shall be permitted as conditional uses when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established to Article IV of this chapter.
(1) 
Cluster development.
(2) 
Home occupation.
(3) 
Recreation facility.
(4) 
Sanitary utility.
E. 
Minimum lot area and lot width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
(1) 
For permitted principal uses (except cluster developments - see § 225-409):
(a) 
Area: 20,000 square feet.
(b) 
Width: 100 feet.
(2) 
For permitted accessory uses: none unless specified in Article IV or required by the Zoning Hearing Board.
F. 
Minimum setbacks.
(1) 
Front: 25 feet.
(2) 
Side: 10 feet.
(3) 
Rear: 20 feet.
G. 
Maximum building height.
(1) 
Principal uses: 35 feet or 2 1/2 stories.
(2) 
Principal or accessory structures not designed for human occupancy: see § 225-505.
H. 
Maximum coverage.
(1) 
Building coverage: 20% of the lot area.
(2) 
Lot coverage: 30% of the lot area.
I. 
Design standards. In Single Family Residential Districts, the design, construction, or improvement of any lot shall, in addition to all other requirements for land development, meet the following design standards:
(1) 
Existing tree cover. The clear cutting of existing trees or preparation for development is expressly forbidden. Moreover, all land development plans shall show:
(a) 
Existing wooded areas;
(b) 
All individual trees having a diameter of six inches or greater as measured three feet above the adjacent ground level that are located outside the existing wooded areas; and
(c) 
Wooded areas or individual trees proposed for removal.
(2) 
Stream valleys. Any property in the SF District crossed by the South Branch of the Codorus Creek, Bee Tree Run, or Hunt Run shall maintain such stream and its associated stream valley as perpetual open space according to the criteria set forth in the Subdivision and Land Development, Ordinance.[1]
[1]
Editor's Note: See Ch. 194, Subdivision and Land Development.
(3) 
Mandatory site improvements.
(a) 
The following improvements shall be required of all future subdivision and land developments in the SF District.
[1] 
Any new street connection or any new pedestrian/bicycle path proposed by the Borough Comprehensive Plan, or other suitable alternative proposal due to an identifiable and compelling reason.
[2] 
Curbing at the edge of all cartways.
[3] 
Public water and sewer.
[4] 
Streetlighting.
(b) 
Design standards for these improvements are contained in the Borough Subdivision and Land Development, Ordinance.[2]
[2]
Editor's Note: See Ch. 194, Subdivision and Land Development.
A. 
Purpose. In central residential areas lying between the Central Business District and Single Family neighborhoods, Traditional Neighborhood Districts are established. The purposes of this district are to:
(1) 
Bring most of the activities of daily life, including shelter, work, and shopping within walking distance of one another;
(2) 
Provide an appropriate location for higher density housing such as townhouses, apartments, and small-lot single-family homes to serve the increasing numbers of older persons;
(3) 
Encourage residential growth on the edges of the Central Business District as a catalyst for its further expansion;
(4) 
Promote suitable locations for civic buildings such as churches, cultural centers and schools;
(5) 
Create an atmosphere that lends itself to the movement and gathering of people;
(6) 
Reduce the number and length of automobile trips; and
(7) 
To create conditions generally favorable to carrying out the broad purposes of the New Freedom Borough Comprehensive Plan and § 225-102 of this chapter.
B. 
Permitted uses. The following principal uses are permitted by right in the TN District:
(1) 
Apartment, accessory to an office or commercial use.
(2) 
Convalescent/nursing home.
(3) 
Crop farming.
(4) 
Cultural facility.
(5) 
Entertainment/recreation facility.
(6) 
Fire station.
(7) 
Group home.
(8) 
House of worship.
(9) 
Mortuary and funeral home.
(10) 
Multifamily dwelling.
(11) 
Park.
(12) 
Parking lot (as a principal use).
(13) 
Personal service shop.
(14) 
Professional or business office.
(15) 
Public service office.
(16) 
School.
(17) 
Single-family attached dwellings.
(18) 
Single-family detached dwellings.
(19) 
No-impact home-based business.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Uses permitted by special exception. The following uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles IV and X of this chapter:
(1) 
Bed-and-breakfast inn.
(2) 
Communication facility.
(3) 
Conversion apartment.
(4) 
Day-care center.
(5) 
Family day-care home.
(6) 
Group day-care home.
(7) 
Home occupation.
(8) 
Principal use as accessory use.
(9) 
Private club.
(10) 
Retail store or shop.
(11) 
Supply utility.
(12) 
Accessory dwelling unit (ADU).
[Added 3-14-2011 by Ord. No. 2011-1]
(13) 
Group quarters.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Uses permitted by conditional approval. The following uses shall be permitted as conditional uses when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article IV of this chapter:
(1) 
Cluster development.
(2) 
Sanitary utility.
(3) 
Trade or professional school.
(4) 
Rooming house.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Minimum lot area and lot width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
(1) 
Cluster development: See § 225-409.
(2) 
All other permitted principal uses:
(a) 
Lot area: 10,000 square feet.
(b) 
Lot width: 70 feet, except as otherwise provided for in this chapter.
[Amended 7-12-1999 by Ord. No. 1999-4]
F. 
Minimum setbacks.
(1) 
Front: 20 feet.
(2) 
Side: 10 feet.
(3) 
Rear: 30 feet.
G. 
Maximum building height.
(1) 
Principal uses: 35 feet or 2 1/2 stories.
(2) 
Principal or accessory structures not designed for human occupancy: See § 225-505.
H. 
Maximum coverage.
(1) 
Building coverage: 30% of the lot area.
(2) 
Lot coverage: 60% of the lot area.
I. 
Design standards. In the Traditional Neighborhood District, the design, construction, or improvement of any lot shall, in addition to all other requirements for land development, meet the following design standards:
(1) 
Mandatory site improvements.
(a) 
The following improvements shall be required of all future subdivision and land developments in Traditional Neighborhood Districts:
[1] 
Any new street connection or any new pedestrian/bicycle path proposed by the New Freedom Borough Comprehensive Plan, or other suitable alternative proposal due to any identifiable and compelling reason.
[2] 
Street-side sidewalks on both sides of each street.
[3] 
Curbing at the edges of all cartways.
[4] 
Street trees.
[5] 
Public water and sewer.
[6] 
Streetlights.
(b) 
Design standards for these improvements are contained in the Borough Subdivision and Land Development, Ordinance.[1]
[1]
Editor's Note: See Ch. 194, Subdivision and Land Development.
(2) 
Street configuration. Because the purposes of the Traditional Neighborhood District contained in this section include the free movement of pedestrians and automobiles, particularly to and from the CB District, future streets in the TN District insofar as possible, shall:
(a) 
Continue the grid or rectilinear pattern already established;
(b) 
Make connections to all existing stub-streets at the edges of existing development; and
(c) 
Continue the use of alleys for service and vehicular use.
A. 
Purpose. The purposes of the Central Business District are as follows:
(1) 
To affirm the heritage of New Freedom Borough as a central place within the York County Region;
(2) 
To create a focal location for the Borough's shopping, business, and employment, and residential activities to successfully coexist in a manner compatible to all uses;
(3) 
To provide standards for the harmonious development of this variety of activities;
(4) 
To promote architectural styles visually consistent with existing Borough buildings and with traditional town design;
(5) 
To create a strong and cohesive relationship between the Central Business District and surrounding residential neighborhoods;
(6) 
To improve both pedestrian and vehicular access to and from the district and to emphasize and give priority to pedestrian movement; and
(7) 
To create conditions favorable to carrying out the broad purposes of the New Freedom Borough Comprehensive Plan and § 225-103, Community development objectives, of this chapter.
B. 
Permitted uses. The following principal uses are permitted by right in the Central Business District:
[Amended 6-10-2002 by Ord. No. 2002-1]
(1) 
Apartment, accessory to an office or commercial use.
(2) 
Automobile, recreational vehicle and/or trailer sales.
(3) 
Automobile repair garage.
(4) 
Automobile service station.
(5) 
Communication facility.
(6) 
Community garage.
(7) 
Contractor's office and storage.
(8) 
Conversion apartment.
(9) 
Crop farming.
(10) 
Cultural facility.
(11) 
Day-care center.
(12) 
Drive-in business.
(13) 
Entertainment/recreation facility.
(14) 
Financial institution.
(15) 
Fire station.
(16) 
Hospital.
(17) 
Hotel/motel.
(18) 
Lumberyard.
(19) 
Manufacturing activities.
(20) 
Medical clinic.
(21) 
Mortuary and funeral home.
(22) 
Parking lot (as a principal use).
(23) 
Personal service shop.
(24) 
Printing and publishing facility.
(25) 
Private club.
(26) 
Professional or business office.
(27) 
Public service office.
(28) 
Research laboratory.
(29) 
Restaurant.
(30) 
Retail store or shop.
(31) 
Shopping mall center, plaza.
(32) 
Tavern.
(33) 
Trade or professional school.
(34) 
Upholsterers and cabinet makers.
(35) 
Utilities.
C. 
Uses permitted by special exception. The following uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles IV and X of this chapter:
(1) 
Animal hospital/veterinarian office.
(2) 
Convalescent/nursing home.
(3) 
Group quarters.
(4) 
Halfway house.
(5) 
Mini-storage facility.
(6) 
Accessory dwelling unit (ADU).
[Added 3-14-2011 by Ord. No. 2011-1]
D. 
Uses permitted by conditional approval. The following uses shall be permitted with conditional approval from the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article IV of this chapter.
(1) 
Bed-and-breakfast inn.
(2) 
Family day-care home.
(3) 
Group day-care home.
(4) 
Group home.
(5) 
Home occupation.
(6) 
House of worship.
(7) 
Multifamily dwelling.
(8) 
Rooming house.
(9) 
Single-family attached dwelling.
(10) 
Single-family detached dwelling.
(11) 
Two-family dwelling.
(12) 
Urban mixed use, subject to the requirements of § 225-437.
[Added 8-13-2012 by Ord. No. 2012-2]
E. 
Minimum lot area and lot width.
(1) 
Residential use: See § 225-416.
[Amended 7-12-1999 by Ord. No. 1999-4; 3-14-2011 by Ord. No. 2011-1]
(2) 
Nonresidential use. There shall be no minimum lot area or lot width requirements in the Central Business District. Notwithstanding, when creating a new lot or when constructing an initial building upon a lot, a lot area and width shall be provided sufficient to accommodate.
(a) 
The proposed use.
(b) 
All required supporting facilities, including stormwater management as well as required setbacks and maximum lot overages.
F. 
Minimum setbacks.
(1) 
Front: 10 feet.
(2) 
Side: six feet.
(3) 
Rear: 10 feet.
G. 
Buffer yards and landscape screening. To protect the interests of property owners where nonresidential uses are proposed adjacent to an existing residential use or a Residential District, a buffer yard of a minimum dimension of 30 feet shall be required along the side and rear yards. Such buffer yard is to be in conjunction with any required setback. Landscape screening shall be required in all buffer yards.
H. 
Maximum building height.
(1) 
Principal uses: 44 feet or four stories.
(2) 
Principal or accessory uses not designed for human occupancy: See § 225-505.
I. 
Maximum coverages.
(1) 
Nonresidential uses.
(a) 
Building coverage: 75% of the lot area.
(b) 
Lot coverage: 90% of the lot area.
(c) 
Floor area ratio: 120%.
(2) 
Residential uses. See § 225-416.
[Amended 3-14-2011 by Ord. No. 2011-1]
J. 
Design standards. In the Central Business District, any structure hereafter erected or any lot hereafter used or occupied, for any lawful purpose, shall meet the following design standards:
(1) 
Compatibility. Any new development must be compatible with the existing historic character of the Central Business District. New developments must consider the uses of adjacent properties, particularly the proximity of residential to nonresidential uses. Mixed-use development is strongly encouraged, particularly the integration of commercial uses.
(2) 
Commerce paramount. In the Central Business District, new business, service and employment activities shall be given preference over new residential land use activities.
(3) 
Elevation drawing required. Building elevation drawings shall be required as part any land development submission for any property within the CB District proposing a new or substantially altered building. Such drawings shall include front, side, and rear elevations.
(4) 
Building design. Commercial, office, and industrial buildings should generally be of a traditional design with no inherent right to include business or corporate trademarks into their exterior design.
(5) 
Mandatory site improvements.
(a) 
The following improvements shall be required of all future subdivision and land developments within the CB District:
[1] 
Any new street connection or any new pedestrian/bicycle path proposed by the New Freedom Borough Comprehensive Plan, or other suitable alternative proposal due to any identifiable and compelling reason.
[2] 
Street-side sidewalks on both sides of each street.
[3] 
Curbing at the edges of all cartways.
[4] 
Street trees.
[5] 
Public water and sewer.
[6] 
Streetlights.
(b) 
Design standards for these improvements are contained in Chapter 194, Subdivision and Land Development.
(6) 
Street configuration. Because one purpose of the Central Business District is to improve both vehicular and pedestrian traffic to and from the CB District, future streets, insofar possible, shall:
(a) 
Continue the grid or rectilinear pattern already established;
(b) 
Make connections to all existing sub-streets at the edges of existing development; and
(c) 
Continue the use of alleys for service and vehicular use.
(7) 
Solid waste processing. A plan for the collection, storage, and disposal of solid waste shall be submitted for approval as part of any required land development plan.
(8) 
Performance standards. All performance regulations set forth in Article VI shall be met.
A. 
Purpose. In areas of good highway and rail access and within reasonable proximity to supporting commercial activities, Light Industrial Employment Districts are established. In general, Light Industrial Employment Districts shall:
(1) 
Contribute to the overall economy of the region and to the Borough tax base by encouraging industrial development, giving particular emphasis to land use activities with high employment densities;
(2) 
Have physical characteristics similar to those of the surrounding Residential Districts: moderate lot coverage and setbacks, high levels of outdoor maintenance, complete site improvements, and interlocking street system, and high environmental performance standards;
(3) 
Emphasize and improve pedestrian and vehicular movement, both within the district itself, to adjacent Residential Districts, and to the Central Business District; and
(4) 
Create conditions favorable to carrying out the broad purposes of the New Freedom Borough Comprehensive Plan and § 225-103, Community development objectives, of this chapter.
B. 
Permitted uses. The following principal uses are permitted by right in the LI District:
[Amended 6-10-2002 by Ord. No. 2002-1; 10-20-2003 by Ord. No. 2003-4]
(1) 
Automobile repair garage.
(2) 
Bus, taxi, railroad terminal.
(3) 
Communication facility.
(4) 
Contractor's office and storage.
(5) 
Crop farming.
(6) 
Day-care center.
(7) 
Financial institution.
(8) 
Fire station.
(9) 
Hospital.
(10) 
Lumberyard.
(11) 
Manufacturing activities (including production, distribution, processing, cleaning, testing and distribution of materials).
(12) 
Medical clinic.
(13) 
Mills, where grain, lumber, and similar products are stored or processed.
(14) 
Parking lot (as a principal use).
(15) 
Printing, publishing and binding facility.
(16) 
Private club.
(17) 
Professional or business office.
(18) 
Public service office.
(19) 
Railroad service and repair facility.
(20) 
Research, testing, or experimental laboratories.
(21) 
Restaurant.
(22) 
Sanitary utility.
(23) 
Trade or professional school.
(24) 
Truck terminal.
(25) 
Upholsterers and cabinet makers.
(26) 
Warehouse.
(27) 
Automobile service station.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Uses permitted by special exception. The following uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles IV and X of this chapter:
(1) 
Adult entertainment facility.
(2) 
Heavy storage.
(3) 
Industrial park.
(4) 
Junkyard.
(5) 
Mini-storage facility.
(6) 
Principal use as an accessory use.
(7) 
Supply utility.
D. 
Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
Lot Area
(acres)
Lot Width
(feet)
Hospitals
5
300
All other uses
2
150
E. 
Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:
(1) 
Hospitals.
(a) 
Front: 100 feet.
(b) 
Side: 100 feet.
(c) 
Rear: 100 feet.
(2) 
All other uses.
(a) 
Front: 25 feet.
(b) 
Side: 15 feet.
(c) 
Rear: 15 feet.
(d) 
When a lot abuts a railroad right-of-way or siding, structures for loading/unloading railroad cars may be built to the abutting right-of-way line.
F. 
Buffer yards and landscape screening.
(1) 
Properties adjacent to Residential District boundaries, or existing residential uses, must provide a buffer yard of 30 feet in conjunction with the side or rear setback.
(2) 
Landscape screening shall be provided in accordance with § 225-516 of this chapter.
G. 
Building height.
(1) 
Principal uses: 44 feet or four stories.
(2) 
Principal or accessory uses not designed for human occupancy: See § 225-505.
H. 
Maximum coverage.
(1) 
Building coverage: 50% of the lot area.
(2) 
Lot coverage: 75% of the lot area.
I. 
Design standards. In Light Industrial Districts, the design, construction, and improvement of any lot shall, in addition to all other requirements for land development, meet the following performance standards:
(1) 
Mandatory site improvements.
(a) 
The following improvements shall be required for all future subdivision and land developments in the Light Industrial District:
[1] 
Any new street connection or any new pedestrian/bicycle path proposed by the New Freedom Borough Comprehensive Plan or any other improvement deemed compelling by the New Freedom Borough Council;
[2] 
Public water and sewer;
[3] 
Sidewalks and curbing;
[4] 
Street trees, planted outside the street right-of-way, but within 10 feet of the edge of that right-of-way. One tree per 40 feet of property line which abuts a public right-of-way shall be provided.
(b) 
Construction standards for these improvements are contained in Chapter 194, Subdivision and Land Development.
(2) 
Landscaping. Landscaping is required upon all portions of any lot not covered by impervious surface. A landscape plan, prepared and certified by a registered landscape architect, shall be submitted for approval as part of any required land development plan. The primary objectives of the landscape plan shall be to:
(a) 
Screen necessary utilitarian areas such as parking lots, outdoor utility equipment, solid waste storage areas, etc.;
(b) 
Make Light Industrial Districts compatible with nearby residential areas; and
(c) 
Enhance the value and appearance of property within the Borough.
(3) 
Solid waste processing. A plan for the collection, storage, and disposal of solid waste shall be submitted for approval as part of any required land development plan.
(4) 
Performance standards. All performance regulations set forth in Article VI shall be met.
[1]
Editor's Note: Former § 225-309, FP – Floodplain Overlay District, was repealed 3-14-2011 by Ord. No. 2011-1. See now Ch. 117, Floodplain Management.