A.
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.
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:
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, 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 the New
Freedom Borough Subdivision and Land Development Ordinance.[1]
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.
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)
Principle 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.
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:
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:
(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]
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
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:
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:
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:
(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]
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.
C.
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.
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:
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:
(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]
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
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.
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]
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:
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:
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.
(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 CBD,
future streets in the TN District insofar as possible, shall:
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
B.
Permitted uses. The following principal uses are permitted by right
in the CRD:
[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.
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.
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.
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.
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 CBD 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 CBD:
[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.
(6)
Street configuration. Because one purpose of the Central Business
District is to improve both vehicular and pedestrian traffic to and
from the CBD, future streets, insofar possible, shall:
(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.
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
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.
C.
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:
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.
(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:
(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.
