[Ord. 766, 5/16/1996, § 13.0]
The following supplementary regulations shall qualify or supplement
the district regulations appearing elsewhere in this chapter.
[Ord. 766, 5/16/1996, § 13.1; as amended by Ord.
829, 11/15/2001; by Ord. 882, 2/15/2007; and by Ord. 946, 3/21/2013]
1.
General. Accessory uses or structures that are clearly customary
and incidental to a principal use are permitted provided the requirements
of this Section are met.
2.
Setback Requirements. Any accessory
building may be erected within one of the side yards or within the
rear yard provided:
(1)
In nonresidential zoning districts, except the CBD, any accessory
building or structure shall not be less than five feet from the rear
of the main building nor less than 15 feet from any lot line and shall
not be located in the front yard.
(2)
In residential zoning districts, any building or structure accessory
to a residential use shall be located within the rear yard of the
principal building and shall not be located less than three feet from
any rear or side lot line. Where such side or rear yard is along an
alley, the accessory building or structure shall not be located less
than five feet from the alley and/or within the fourteen-foot right-of-way
of the alley. Private garages with entrances fronting an alley shall
not be located less than 10 feet from any lot line and/or within the
fourteen-foot right-of-way of the alley.
(3)
In the Central Business District, setbacks for accessory buildings
or structures and uses shall be the same as the requirements for principal
buildings and uses.
(4)
In the Mixed-Use District, setbacks for accessory buildings
or structures shall be the same as the requirements for the types
of principal buildings and uses.
(5)
No accessory structure, building or use shall be permitted in
a required front yard in any district, unless specifically permitted
in this chapter. On corner lots, an accessory building is not permitted
within the front yard setback established for each street on which
the lot abuts.
(6)
The maximum height of any accessory structure within a residential
zone is 15 feet. The height of an accessory structure within a nonresidential
zone is 20 feet.
(7)
All accessory structures must meet the requirements of the special
yard, lot and screening requirements of this Part.
(8)
Any pond or pool with a water depth of less than 24 inches is
considered an accessory structure and must be located in the side
or rear yard only. A pond or pool with a water depth of 24 inches
or more shall follow the regulations established for swimming pools
contained in this Part.
[Amended by Ord. 975, 6/16/2016]
3.
Accessory Uses Permitted by Right in All Districts.
A.
The following accessory uses are permitted outside, provided that
the use is placed against the structure, it shall be displayed behind
the building front setback line and shall not block or impede in any
way a curb, sidewalk, or thoroughfare commonly used by the public,
whether private or public. These are permitted in all districts except
R-1 Low-Density, R-2 Medium-Density and R-3 High-Density Residential
Districts.
[Amended by Ord. 975, 6/16/2016]
B.
Air conditioners.
D.
Signs, as permitted by Part 17.
E.
Off-street parking.
F.
Home gardening.
G.
Satellite dish antennas, radio and television antennas and amateur
radio antennas in accordance with the regulations contained in § 1303
of this Part.
H.
Flagpoles.
I.
Recreational facilities that are clearly limited to the exclusive
use of the residents of a development and their occasional invited
guests.
J.
Solar energy systems, subject to the provisions prescribed in § 1325.
K.
Commercial or industrial outdoor storage and display as a principal
or accessory use, provided that:
(1)
Location. Shall not occupy any part of the existing or future
right-of-way, area intended or designed for pedestrian use, required
parking area, or part of the required paved area of parking setback.
(2)
No outside industrial storage shall be located on land with
an average slope in excess of 15%.
L.
No-impact home occupations shall be permitted as a matter of right
in all zoning districts. Any home occupation that does not meet all
of the criteria as outlined in the definition of a "no-impact home
occupation" may be permitted, subject to the provisions of § 1410.
The definition of "no-impact home occupation" is set forth in § 1410.
M.
Regulations governing erection of energy generating wind power devices,
subject to the provisions prescribed in § 1326.
N.
Geothermal systems, subject to the provisions prescribed in § 1327.
4.
Essential Services.
A.
Essential services are permitted by right as principal or accessory
uses in all districts.
B.
Only uses specifically listed in this subsection shall be considered
to be essential services.
C.
The following are essential services not required to meet the accessory
or principal setback, lot area or other lot requirements of this chapter,
unless future building or subdivision could be possible on the lot:
(1)
Oil pipelines and natural gas transmission and distribution
lines and accessory compressing stations.
(2)
Electrical transformers as an accessory use to dwellings.
(3)
Electrical, telephone and street light poles.
(4)
Electrical transmission and distribution lines and meters.
(5)
Wells, standpipes, water transmission lines, cisterns and meters.
(6)
Cable television and telephone lines.
(7)
Stormwater pipes, outfalls, detention basins, swales and catchbasins.
(8)
Shelters and benches for buses that transport school children
or that are owned, operated or financed by a public transit authority,
but without off-premises signs.
(9)
U.S. mailboxes.
(10)
Boxes for receiving individual newspapers.
(11)
Fire hydrants and emergency call boxes.
(12)
Engineering retaining walls that are clearly necessary to hold
back slopes.
(13)
Household air conditioners.
(14)
Sidewalks.
(15)
Propane storage tanks, subject to the requirements of § 1322.
(16)
Handicap ramps or wheelchair lifts
are primarily intended to be used by people with mobility impairments
for access to a structure.
(a)
The construction of a handicap ramp or wheelchair lift that
falls within the building setback area maybe constructed for commercial
purposes when the following are met:
[1]
Shall require a zoning permit and construction
permit.
[2]
The design, construction and location of the handicap
ramp or wheelchair lift shall be appropriate to the context of the
existing structure and neighborhood.
[3]
Must be constructed outside of the public right-of-way.
[4]
Shall meet the requirements of the Uniform Construction
Code.
(b)
Handicap ramps or wheelchair lifts constructed on residential
lots shall meet the accessory structure setback for side and lot lines
and:
[1]
Not be located in a place that negatively impacts
adjacent property owners, commercial and/or residential tenants.
[2]
Shall require a zoning permit.
[3]
Be constructed of material that allows for the
structure to be removable and easily dismantled.
[4]
Permission to construct a handicap ramp and/or
wheelchair lift shall not be transferrable to new ownership or occupancy
and must be dismantled within 60 days unless a new permit is issued.
[5]
Must be constructed outside of the public right-of-way.
[6]
Shall meet the requirements of the Uniform Construction
Code.
(17)
Outside entrance to a basement of a dwelling.
D.
The following are essential services that are required, except as
may be exempted by the Municipalities Planning Code, to meet all the
requirements of this chapter, as principal or accessory uses, as applicable:
(1)
Emergency and other electrical generators and compressors.
(2)
Solid waste bulk dumpsters and bulk compactors.
(3)
Telephone switching stations.
(4)
Construction. Temporary storage of vehicles and materials and/or
construction office trailers used for current construction on the
same or an adjacent lot or within the same subdivision.
(5)
Industrial or commercial air conditioners.
(6)
Electrical substations and bulk transformers that are not an
accessory use to dwellings.
5.
Fences and Walls.
A.
Fences for Residential Purposes.
(1)
Any fence located in the front yard in a residential district
shall be decorative, such as a picket, split rail or wrought iron
fence, rather than one which will serve to screen off a portion of
the front of the lot, such as a stockade fence. Such decorative fence
shall have a maximum height of three feet, be constructed entirely
of wood or wrought iron, PVC or plastic fencing, or aluminum, and
have at least half the fence open. Chain-link and closed wooden (privacy)
fences are expressly prohibited in the front yard.
(2)
Fences are not required to meet accessory structure setbacks
and may be located on the side or rear lot line. Fences that abut
a public alley shall be located five feet from the alley right-of-way
and shall not impede sight distance at the intersection(s).
(3)
A fence located anywhere except the front yard of a use in a
residential district shall have a maximum height of six feet.
(4)
A fence of up to 10 feet shall be allowed in a rear yard in
any zoning district for the sole purpose of enclosing a court for
tennis or a similar racquet sport.
B.
Fences for Commercial Purposes.
(1)
In nonresidential districts, fences shall be permitted a maximum
height of 12 feet on the rear and side yard(s) and three feet on the
front yard.
(2)
Fences that are constructed in nonresidential districts that
abut a public alley shall be located five feet from the alley right-of-way
and shall not impede sight distance at the intersection(s).
D.
Architectural and Decorative Walls.
(1)
The design, construction and location of the architectural and
decorative wall shall be appropriate to the context of the existing
structures and neighborhood.
(2)
Architectural and decorative walls are permitted by right in
all districts.
(3)
Architectural and decorative walls in any residential district
constructed on the side and rear lot lines must set back two feet
for every one foot in height of the proposed wall.
(4)
In all other districts, there are no accessory structure setback
requirements. The height of an architectural and decorative wall shall
not exceed 10 feet.
(5)
Architectural and decorative walls shall comply with the standards
prescribed in the Uniform Construction Code.
E.
Screening Walls. All yards located within the General Industrial,
General Commercial, and Light Industrial Districts that will be used
for approved storage of any material needed for the operation or commercial
enterprise shall construct an enclosed 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 district. No storage shall occur within the front yard
in any district.
[Amended by Ord. 975, 6/16/2016]
6.
Special Standards for Certain Accessory Uses.
A.
Garage Sales.
(1)
Shall include only the occasional sale of household goods and
furniture and items of a similar character. A garage sale shall not
include wholesale sales.
(2)
No dwelling unit shall hold garage sales or auctions during
more than four days total in any calendar year.
(3)
Shall be clearly accessory to a dwelling unit.
(4)
Shall be defined to include yard sale, porch sale, auction or
sheriffs sale.
(5)
Sales shall be held only between the hours of 7:00 a.m. and
8:00 p.m.
(6)
Signs erected by the operation and placed in various locations
on and off the lot must be removed by the operation within 12 hours
of the sale. Signs erected on telephone poles may only be constructed
of paper and shall be placed with string or tape only. These signs
must be securely attached to the pole and erected no more than five
days prior to the sale.
B.
Keeping of Pets.
(1)
Keeping of pets shall be permitted by right in all districts.
(2)
No use shall involve the keeping of animals in such a manner
that it creates a serious nuisance, including but not limited to noise,
odor, danger or threat to the public.
(3)
Animals shall not be kept or used for fighting purposes.
(4)
In all districts, no more than four animals shall be kept at
one time. No more than three dogs shall be housed in a residential
unit at any time and shall not be exceeded even for temporary purposes.
No numerical restrictions shall apply to cats and dogs less than six
months old of age and fish in an aquarium.
(5)
It shall be unlawful for any person to keep, breed or raise
any dangerous animals, any animal creating, threatening or risking
a hazardous, perilous or unsafe condition and/or any mammals, reptiles,
amphibians, fish, insects or birds that will negatively impact the
ecological system(s). This shall include but is not limited to poisonous
or venomous creatures and/or insects, bobcats, large game cats, wolves,
alligators, primates, crocodiles or any other wild or exotic animals
which present a danger to life and limb. Animals that are prohibited
as pets are defined in § 201.
(6)
Contracted animal foster care program(s) shall be relieved of
numerical restrictions on the keeping of pets for a period not to
exceed 48 hours for the purposes of proving temporary housing assistance
to abandoned, surrendered and/or lost pets. Only facilities, services
and/or programs that have lawfully entered into a contractual agreement
with the Borough shall be allowed relief of numerical restrictions
of animals.
[Ord. 766, 5/16/1996, § 13.2; as amended by Ord.
798, 6/17/1999, §§ 3,4; by Ord. 882, 2/15/2007; and
by Ord. 946, 3/21/2013]
1.
Satellite Dish Antennas.
A.
Satellite dish antennas, not including commercial communications
antennas and towers, shall be permitted by right as an accessory use
in all districts for all uses, subject to the following restrictions.
B.
Location and Number.
(1)
In the Central Business District, a satellite dish antenna shall
not be located on the street front of the building, whether detached
or attached to the building. In all districts, a satellite dish antenna
shall meet the accessory structure setback requirements listed in
§ 1302 of this Part Satellite dish antennas may be attached
to the front of the structure. A residential structure with more than
four residential dwelling units is permitted to have up to four mounted
satellite dish antennas on the front of the structure. Additional
satellite dish antennas shall be located in the side or rear yard
or may be roof mounted.
(2)
A satellite dish antenna may be mounted to the rooftop of a
principal or accessory structure.
(3)
A satellite dish antenna shall be constructed in such a manner
so that it will not fall into or onto adjoining properties, land parcels,
and/or accessory structures.
C.
Size and Height.
(1)
A satellite dish antenna shall have a maximum diameter of three
feet in a residential district and nine feet in a nonresidential district.
(2)
A satellite dish antenna shall have a maximum possible height
of 12 feet above ground level in all districts. Satellite dish antennas
that are roof mounted or attached to a building shall not exceed 10
feet above the roofline.
D.
Mobile Stands. Satellite dish antenna(s) on mobile stands are prohibited
except as may be initially needed to determine the best location for
an antenna.
E.
Wind Resistance. Any satellite dish antenna shall be properly secured
so that it will be resistant to high winds and other forces.
2.
Radio and Television Antennas.
A.
Radio and television antennas, not including commercial communications
antennas and towers, shall be permitted by right as an accessory use
in all districts for all uses, subject to the following restrictions.
B.
The antenna and associated structures shall be securely anchored
in a fixed position, and the applicant shall provide qualified evidence
that the proposed structure will withstand wind and other forces.
C.
The antenna and its associated supports, such as guy wires, or the
yard area containing the structure, shall be protected and secured
to guarantee the safety of the general public. Associated supports
and guy wires shall not be located any closer than five feet to any
property line.
D.
No radio and television antenna shall exceed 10 feet above the roofline
of the structure. No radio and television antenna that is placed inside
or attached to an existing or proposed projection shall exceed the
height of that projection.
E.
Proof that the antenna will not disrupt or interfere with normal
transmission or communication systems in the area shall be submitted
as part of the application. If interference or disruption is experienced
after the communications structure is operational, the applicant shall
be granted 30 days to correct the problem, or the permit will be revoked.
F.
Amateur radio antennas shall not exceed 65 feet in height from the
ground level. Amateur radio antennas shall comply with the standards
and provisions within this Section and applicable State and Federal
rules, regulations and statutes. No more than two support structures
can be permitted on a lot, the applicant must meet the requirements
of the Uniform Construction Code and there must be an anti-climbing
device and/or fence. The facilities shall be removed when the ownership
of the residential lot changes or when the facilities are no longer
being used. Amateur radio antennas shall be subject to the accessory
structure setback requirements listed in § 1302 of this
Part.
3.
Commercial Communication Antenna and Towers. Commercial communication
antennas and towers shall be permitted as a special exception that
is granted by the Zoning Hearing Board. The approved use through a
special exception shall conform to the regulations prescribed in § 1413.
4.
General Standards. All antennas are subject to the following provisions:
A.
Antennas shall meet all manufacturers' specifications.
B.
No antenna shall be located where damage would be caused to electrical
power lines if the antenna should fall.
C.
Every antenna must be adequately grounded for protection against
a direct strike of lightning, with an adequate grounding system.
D.
The antenna, including guy wires, supporting structures and accessory
equipment, shall be located and designed so as to minimize the visual
impact on surrounding properties and from public streets.
[Ord. 766, 5/16/1996, § 13.5; as amended by Ord.
780, 7/17/1997, § 5; and by Ord. 882, 2/15/2007]
Where permitted, or permitted by special exception, any building
existing at the effective date of this chapter may be converted to
a dwelling for more than one family, provided that:
A.
The proposed conversion shall conform to the regulations for the district in which it is located. The minimum habitable floor area of such converted dwelling unit shall be provided in accordance with the Existing Structures and Property Maintenance Code [Chapter 5, Part 1]. However, no conversion shall result in a dwelling unit which has less than 300 square feet of habitable floor area.
B.
There is no exterior evidence of change in the building except as
required by State or local building or housing codes or regulations.
C.
Fire escapes, where required, shall be in the rear of the building
and shall not be located on any wall facing a street.
D.
Off-street parking shall be provided in accordance with the provisions
of Part 16; provided, however, if an apartment conversion unit has
more than two bedrooms, one off-street parking space in addition to
that required by Part 16 shall be provided for such dwelling unit.
[Amended by Ord. 983, 11/16/2017]
E.
No conversion apartment unit shall exceed three bedrooms.
[Amended by Ord. 983, 11/16/2017]
F.
The building in which the conversion apartment units are located
shall have adequate street frontage and shall comply with the requirements
of § 1318.
[Added by Ord. 983, 11/16/2017]
G.
There shall be no more than three dwelling units per building.
[Added by Ord. 983, 11/16/2017]
H.
No conversion apartment building shall exceed three stories in height.
[Added by Ord. 983, 11/16/2017]
I.
No conversion apartment building shall contain a dwelling unit in
the basement or below ground level of the building.
[Added by Ord. 983, 11/16/2017]
J.
The facade of the building containing conversion apartment units
shall be maintained in a manner consistent with the streetscape of
the neighborhood and/or the applicable residential district. This
shall include, but not be limited to, maintaining the entrance on
the street, maintaining any existing front porch or stoop, and maintaining
the appearance of the building as a single-family dwelling.
[Added by Ord. 983, 11/16/2017]
[Ord. 766, 5/16/1996, § 13.4]
Such uses, where permitted, shall comply with the following:
A.
No equipment for the service of motor vehicles shall be closer than
25 feet to any side or rear property line.
B.
Canopies shall be located no less than 10 feet from the street right-of-way
line.
C.
Fuel pumps shall be located at least 25 feet from any right-of-way
or 50 feet from the street center line, whichever is greater.
E.
The width of any entrance driveway leading from the public street
to such service station or other drive-in use shall not exceed 30
feet at its intersection with the curbline or edge of pavement.
F.
No two driveways leading from a public street to such service station
or other drive-in use shall be within 15 feet of each other at their
intersection with the curb or street line.
[Ord. 766, 5/16/1996, § 13.5; as amended by Ord.
882, 2/15/2007; Ord. 975, 6/16/2016; and by Ord. 983, 11/16/2017]
Bed-and-breakfast establishments shall meet the following additional
requirements:
A.
Sleeping accommodations shall be limited to no more than three rooms
for rent, excluding establishments with four or more rooms within
the R-3 High-Density Residential District and Mixed-Use District,
which shall be permitted as a conditional use (see § 1505).
B.
The length of stay for transient guests, as defined in this Part,
shall not exceed 30 consecutive calendar days.
C.
Off-street parking shall be provided in accordance with Part 16 herein.
D.
Meals for compensation shall be provided only to guests of the bed-and-breakfast
establishments.
[Ord. 766, 5/16/1996, § 13.6]
In districts where permitted, or permitted as a special exception,
these uses shall meet the following requirements:
A.
The lot area shall be determined on the basis of building size, yard
requirements listed below, and parking requirements, but in no case
shall the lot area be less than 40,000 square feet.
B.
Lot coverage shall not be greater than that required within the respective
district.
C.
The lot width at the front building setback line shall be based on
the building size and yard requirements, but in no case shall be less
than 100 feet in width.
D.
Off-street parking shall be provided in accordance with the provisions
of Part 16 herein.
[Ord. 766, 5/16/1996, § 13.7]
Height regulations shall not apply to spires, belfries, cupolas,
or domes not used for human occupancy, chimneys, ventilators, skylights,
water tanks, utility poles or towers, solar collectors and ornamental
or necessary apparatus.
[Ord. 766, 5/16/1996, § 13.8]
Where permitted, a building for use as a medical center may
be erected and used, provided that:
A.
The building shall be occupied and used only by persons licensed
to practice the healing arts in the Commonwealth of Pennsylvania,
and their staffs.
B.
The lot area shall be determined on the basis of building size, yard
requirements, parking and access requirements and other applicable
standards.
C.
The minimum front, side and rear yard setbacks shall be no less than
25 feet.
D.
Lot width shall be determined by the size of the building and setbacks.
E.
A buffer yard/screen planting of no less than five feet in depth
shall be maintained along side and rear lot lines abutting a residential
use. Said buffer yard/screening planting shall be provided within
the required side and/or rear yard.
F.
Off-street parking shall be provided in accordance with the provisions
of Part 16 herein.
[Ord. 766, 5/16/1996, § 13.9]
1.
When two or more principal uses occupy the same lot but not the same
building, all parking, lot area, lot width, building setbacks, height,
and building area requirements shall be provided so that the requirements
pertaining to each use will be met in full.
2.
No building to the rear of and on the same lot with the principal
building shall be erected and/or used in a manner inconsistent with
the use of the principal building on the same lot.
[Amended by Ord. 975, 6/16/2016; and by Ord. 983, 11/16/2017]
3.
When two or more principal uses occupy the same building on the same lot, all parking, lot area, and building area requirements shall be provided so that the requirements pertaining to each use will be met in full. Refer to land development regulations in the Borough's Subdivision and Land Development Ordinance [Chapter 22] for regulations.
4.
On a corner lot (a lot which fronts on two streets) containing two
principle structures, each structure must conform completely to all
regulations as if it were two separate lots.
[Ord. 766, 5/16/1996, § 13.10]
Where permitted, motels/hotels shall be subject to the following
safeguards and regulations:
A.
Off-street parking and loading spaces for other facilities developed
as part of the motel/hotel premises shall be provided as required
by Part 16 of this Part.
B.
Every unit shall be provided with complete bathroom facilities.
C.
The minimum front, side, and rear yard setbacks shall be no less
than 25 feet, except for a motel/hotel located in the Central Business
District.
D.
A valid Pennsylvania Department of Labor and Industry certificate
shall be maintained for each use.
[Ord. 766, 5/16/1996, § 13.11]
In any district a building may be erected, altered or extended
and land may be developed which is arranged, intended or designed
for any municipal use, including municipal recreation uses.
[Ord. 766, 5/16/1996, § 13.12]
1.
All uses shall comply with the requirements of this section. Compliance
shall be determined by the Zoning Officer with respect to permitted
uses, by the Zoning Hearing Board with respect to special exceptions
and by the Borough Council with respect to conditional uses. The Zoning
Officer shall monitor compliance on behalf of the Zoning Hearing Board
and Borough Council.
2.
In order to determine whether a proposed use will conform to the
requirements of this chapter, the Borough may obtain a qualified consultant's
report, whose cost for services shall be borne by the applicant.
3.
Vibration. Vibrations detectable without instruments on neighboring
properties in any district shall be prohibited, with the exception
of temporary vibrations associated with new construction.
4.
Air Pollution. No pollution of air by flyash, dust, vapors or other
substance(s) shall be permitted which is harmful to health, animals,
vegetation or other property or that can cause soiling of property.
5.
Fire and explosives protection. Fire-protection and fire-fighting
equipment, acceptable to the Board of Fire Underwriters, shall be
readily available for any activity involving the handling or storage
of flammable or explosive materials.
6.
Light, glare and heat.
A.
Lighting devices which produce objectionable direct or indirect glare
on adjoining properties or thoroughfares shall not be permitted.
B.
Streetlighting exempted. This section shall not apply to streetlighting
or lighting of municipal or municipal recreational facilities that
are owned or maintained by the Borough.
C.
No use shall generate glare in such a way that light shines into
the eyes of motorists and create a safety hazard or that is seriously
offensive to persons of ordinary sensibilities within a dwelling.
D.
Height of Lights.
(1)
No outside luminaire, spotlight or other light source in a residential
district, including lights attached to a post or a building and lights
that are part of signs, shall have a height greater than 20 feet above
the surrounding average finished ground level. In nonresidential districts,
this maximum height shall be 60 feet.
(2)
This shall not limit lights needed for air travel safety or
lights aimed directly towards a tower or steeple.
E.
Diffused. All light sources, including signs, shall be properly diffused
with a translucent or similar cover or shield or reflecting device
to prevent exposed bulbs from being directly visible from abutting
streets or lots.
F.
Shielding. All light sources, including signs, shall be shielded
around the light source and carefully directed and placed to prevent
the lighting from creating a nuisance to adjacent dwellings or residentially
zoned areas and to prevent the dwellings or residentially zoned areas
and to prevent the lighting from shining into the eyes of passing
motorists.
G.
Maximum Candlepower. No lighting source, including signs, shall cause
an illumination of greater than the following amounts, measured at
the lot line of the receiving lot or street:
(1)
Two-tenths footcandle at the residential lot line between the
hours of 10:00 p.m. and 7:00 a.m.
(2)
One footcandle at a residential lot between the hours of 7:00
p.m. and 10:00 p.m.
(3)
Three footcandles at any lot line other than a residential lot
line or at the existing right-of-way line of a public street.
H.
Flickering. Flickering or strobe lighting is prohibited.
I.
Measurement. The maximum illumination levels of this section shall
be measured with a photoelectric photometer having a spectral response
similar to that of the human eye. The standards of the International
Commission on Illumination shall serve as a general guide in measurements
in case of uncertainty. A footcandle is defined as a unit of measurement
equaling the illumination on a surface one square foot in area where
there is a distribution of light having a candlepower of one candela.
J.
There shall be no emission or transmission of heat or heated air
that is discernible at the lot line.
K.
Where commercial uses abut a residential district, lighting on the
property shall be limited to security and safety purposes only after
standard business hours. Lighting beyond standard business hours,
or for special sales events, must be approved by the Zoning Officer.
7.
Nonradioactive Liquid or Solid Wastes. There shall be no discharge
at any point into any public or private sewage disposal system or
stream or into the ground of any liquid or solid materials except
in accordance with the laws and regulations of the United States,
Commonwealth of Pennsylvania, Lancaster County and Borough of Elizabethtown.
8.
Radioactivity or Electrical Disturbances. No activity shall emit
radioactivity at any point or cause electrical disturbance adversely
affecting the operation of radio, television or other equipment in
the vicinity.
9.
Noise.
A.
No person shall operate or cause to be operated on private or public
property any source of continuous sound in such a manner as to create
a sound level which exceeds the limits set forth in the following
table when measured at or within the property boundary of the receiving
land use:
|
Sound Limits by Receiving Land Use and Time
| |||
|---|---|---|---|
|
District or Land Use
|
Time
|
Sound Level Limit
(dBA)
| |
|
Residential or institutional zoning district or existing dwellings
|
7:00 a.m. — 9:00 p.m.
|
57
| |
|
9:00 p.m. — 7:00 a.m. plus Sundays and State holidays
|
52
| ||
|
All other district and land uses
|
At all times
|
64
| |
B.
The maximum permissible sound level limits set forth shall not apply
to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting persons to
the existence of an emergency.
(2)
Repair or construction work to provide electricity, water or
other public utilities within the hours of 7:00 a.m. and 9:00 p.m.,
except for clearly emergency repairs which are not restricted by time.
(3)
Household power tools and lawn mowers between the hours of 7:00
a.m. and 9:00 p.m.
(4)
Motor vehicles traveling on State-owned streets.
(5)
Public celebrations specifically authorized by the Borough.
(6)
Railroad and aircraft.
(7)
The unamplified human voice.
(8)
Bells or chimes of places of worship.
C.
Air-conditioning units are specifically regulated by this section.
10.
Odors. No malodorous gas or matter shall be permitted which is discernible
on any adjoining lot or property.
11.
Smoke. The maximum amount of smoke emission permitted shall be determined
by the use of the Standard Rigglemann Chart issued by the U.S. Bureau
of Mines. No smoke of a shade darker than No. 2 shall be permitted.
[Ord. 766, 5/16/1996, § 13.13; as amended by Ord.
882, 2/15/2007]
The following uses are prohibited in all districts throughout
the Borough:
A.
The incineration, reduction or storage of garbage, offal, animals,
fish or refuse, the storage of hazardous waste (as defined herein),
unless by the authority of or under the supervision of the Borough.
B.
Dumps and dumping of any kind, unless by the authority of or under
the supervision of the Borough.
C.
The stripping of topsoil for sale, exclusive of the process of grading
a lot preparatory to the construction of a building for which a building
permit has been issued.
D.
Junkyards.
E.
The operation of any business which has as a substantial or a significant
portion of its stock-in-trade obscene materials or offers live entertainment
appealing to the prurient interest.
F.
Kennels.
G.
Massage Parlors. The operation of any massage parlor in which any
of the following activities are carried on:
(1)
The treatment of any person, except upon the signed order of
a licensed physician, osteopath, chiropractor, or registered physical
therapist, which order shall be dated and shall specifically state
the number of treatments. The date and hour of each treatment given
and the name of the operator shall be entered on such order by the
establishment where such treatments are given and shall be subject
to inspection by the police. The requirements of this provision shall
not apply to treatments given in the residence of a patient, the office
of a licensed physician, osteopath, or registered physical therapist,
chiropractor, or in a regularly established and licensed hospital
or sanitarium.
(2)
The massage of, or physical contact with, the sexual or genital
parts of one person by any other person. Sexual or genital parts shall
include the genitals, public area, buttocks, anus or perineum of any
person, or the vulva or breasts of a female.
(3)
The failure to conceal with a fully opaque covering the sexual
or genital parts of the body of any person.
H.
The indoor use of fireworks, pyrotechnics, and/or open fires shall
be prohibited inside any building or structure of the Borough.
[Ord. 766, 5/16/1996, § 13.14]
Public utility facilities shall be permitted in any district
provided that buildings or structures erected for these utilities
shall be subject to the following regulations:
A.
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the facility is located.
B.
Height restrictions shall be as required by the district regulations.
C.
Unhoused equipment shall be enclosed within a chain link fence six
feet in height and locked.
D.
When equipment is totally enclosed within a building, no fence or
screen planting shall be required and the yards shall be maintained
in accordance with the district in which the facility is located.
E.
If located within the Open Space and Conservation District, Institutional
District, Residential Districts and Commercial Districts, screen plantings
shall be required in accordance with the special yard lot and screening
requirements of this Part.
[Amended by Ord. 975, 6/16/2016]
F.
The external design of the building shall be in conformity with the
buildings in the district.
[Ord. 766, 5/16/1996, § 13.15]
Where permitted, self-service storage facilities shall comply
with the following conditions:
A.
Buildings shall be so situated and/or screened that overhead doors
are not visible from off the site.
B.
No business activity (other than rental of storage units), including
miscellaneous or garage sales, and transfer/storage businesses that
utilize vehicles as part of said business shall be conducted on the
premises.
C.
Servicing or repair of motor vehicles, boats, trailers, lawnmowers,
or any similar equipment shall not be conducted on premises.
D.
All self-service storage facility contracts shall include clauses
prohibiting the storage of flammable liquids, highly combustible or
explosive materials, or hazardous chemicals, and the use of the property
for uses other than dead storage.
[Ord. 766, 5/16/1996, § 13.16; as amended by Ord.
882, 2/15/2007]
All multifamily, commercial and industrial buildings or uses
shall include adequate facilities on site for the proper storage of
solid wastes in accordance with the provisions of the Borough refuse
and recycling collection regulations and as hereinafter provided:
A.
Storage areas shall have hardened, stabilized surfaces with outdoor
areas constructed to prevent accumulation of rainfall.
B.
Storage areas shall be located such that collection vehicles will
not obstruct the public street or otherwise violate Borough regulations
while parked for collection of refuse and shall be provided with accessways
facilitating ready deposit and collection of refuse.
C.
Storage areas shall be of sufficient size to accommodate the container
capacity required to store the refuse accumulation between collections,
but shall not be less than four by eight feet in size or of other
dimensions providing an approved equal space.
D.
Dumpsters. Placement of a dumpster for commercial or residential uses not covered under the Refuse and Recycling Ordinance, Chapter 20, on any public street or within a public right-of-way shall require permit approval by the Chief of Police and shall be subject to the restrictions and limitations set by the Chief of Police. Placement of a dumpster on any lot or street shall require a use permit issued by the Codes Compliance Official. Placement of such a dumpster shall not exceed 30 days. Verbal approval may be extended upon request, for successive additional thirty-day time periods but shall not exceed a total time of six months. For continued placement after the expiration of six months, the permit may be considered for renewal upon application.
[Ord. 766, 5/16/1996, § 13.17; as amended by Ord.
882, 2/15/2007]
Every building hereafter erected, moved, or modified into apartments shall be on a lot adjacent to a public street. Vehicular or pedestrian access shall be provided to the public street or to an approved private street. Vehicular access to the property, including the driveway and off-street parking, is permitted from a public alley if the building fronts a public street. The erection of buildings without approved access shall not be permitted. Approved access shall also be defined in terms of the Subdivision and Land Development Ordinance [Chapter 22] and Ord. 667 [Chapter 21], as may be amended from time to time for street design.
[Ord. 766, 5/16/1996, § 13.18; as amended by Ord.
882, 2/15/2007; and by Ord. 946, 3/21/2013]
Swimming pools shall be a permitted as an accessory use in all
districts and shall comply with the following conditions and requirements:
A.
The pool is intended, and is to be used, solely for the enjoyment
of the occupants of the principal use of the property on which it
is located (including guests).
B.
It may not be located, including any walks or paved areas or accessory
structures adjacent thereto, closer than five feet to any property
line; nor shall it be nearer to any street upon which the residence
abuts than the existing setback line of the residence. In no case
shall it be any closer than 20 feet to any street line.
C.
All swimming pools require a zoning permit and a construction code
permit. Swimming pools shall comply with all regulations as outlined
in the Uniform Construction Code.
[Amended by Ord. 983, 11/16/2017]
D.
All materials used in the construction of pools shall be waterproof
and so designed and constructed as to facilitate emptying and cleaning
and shall be maintained and operating in such a manner as to be clean
and sanitary at all times.
E.
Water may not be discharged from a swimming pool unless discharged
directly into a storm sewer facility and, in so doing, does not flow
onto adjacent properties or rights-of-way.
F.
Enclosed indoor pools must comply with applicable regulations pertaining
to accessory structures.
G.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no beam of light, only diffused
or reflected light, enters adjoining properties.
H.
If the swimming pool discontinues use, the pool shall be properly
emptied and dismantled within 30 days after receiving notice from
the Codes Compliance Official.
[Ord. 766, 5/16/1996, § 13.19]
Where permitted, all townhouses shall comply with the following:
A.
There shall be not more than six attached units in a row.
B.
A visual structural break shall be provided between every other dwelling
unit. This architectural break in the structure is for the expressed
purpose of providing access from the front of the unit to the rear
of the unit.
C.
All other applicable provisions of this chapter.
[Ord. 766, 5/16/1996, § 13.20; as amended by Ord.
882, 2/15/2007]
1.
Principal Uses and Structures on a Lot.
A.
Structures to have access. Every building hereafter erected, moved, or modified into apartments shall be on a lot adjacent to a public street. Vehicular or pedestrian access shall be provided to the public street or to an approved private street. Vehicular access to the property, including the driveway and off-street parking, is permitted from a public alley if the building fronts a public street. The erection of buildings without approved access shall not be permitted. Approved access shall be defined in terms of the Subdivision and Land Development Ordinance [Chapter 22] and Ord. 667 [Chapter 21], as may be amended from time to time for street design.
B.
More than one principal structure may be erected on a single lot,
provided that a land development plan is submitted for approval and
is in compliance with the following provisions:
(1)
On any single lot containing residential uses, more than one
structure containing a permitted principal use may be erected on a
lot, provided that:
(a)
The lot is in excess of four acres.
(b)
The yard and other requirements of this chapter shall be met
for each structure as though it were on an individual lot.
(c)
The front of any building (containing the front entrance) which
contains two or fewer dwelling units shall face the street, or, in
the case of a corner lot, a street on which the corner lot abuts.
[Amended by Ord. No. 990, 1/17/2019]
(2)
On any single lot containing only nonresidential uses, more
than one structure containing a permitted principal use may be erected,
provided that the yard and other requirements of this chapter shall
be met for the entire lot regardless of the number of structures.
2.
Corner Lots.
A.
Yard requirements for corner lots. A front yard (as provided for
in the lot requirements for the various districts) shall be required
on each street on which a corner lot abuts. The remaining two yards
shall be side yards.
B.
Obstruction to vision.
(1)
Special Yard, Lot and Screening Requirements. Walls, fences,
signs or other structures shall not be erected or altered and hedges,
trees or other growth shall not be planted or maintained in a manner
which may cause danger to vehicular traffic on a street or road by
obstructing the view.
[Amended by Ord. 975, 6/16/2016]
(2)
A clear-sight triangle of 100 feet, measured along the street
lines of intersecting streets, shall be maintained. No structures
or plantings, other than ground cover, may be located or planted within
the clear sight triangle.
3.
Yard Regulations.
A.
Front Yards.
(1)
An accessory building shall not be erected within any front
yard.
(2)
Parking shall not be permitted in front yards in residential
districts except on paved driveways. All driveways and other paved
surfaces shall comply with the provisions regarding driveways located
in § 1323 and in the impervious coverage provisions of the
respective zoning district.
(3)
Where buildings exist in the same block on either side, of an
undeveloped lot, the setback line of the building to be constructed
shall be at least the average of buildings constructed within the
same block. In measuring to determine said building line, open porches
shall not be construed as part of the building.
B.
Side Yards (for garage use only). No side yard setback shall be required
where two garages are designed to abut in semidetached dwellings.
4.
Projections into Required Yards, Porches, Patios, Decks, etc. In
all districts except the Central Business District, no building nor
any portion of a building may project into any required yards, except
as provided for below:
A.
An unenclosed projection with or without a roof in the nature of
any entry, portico, platform, walkway or stoop extending not more
than four feet out from the wall of a building shall be exempt from
the requirements of its particular district when the building is otherwise
in conformity. Chimneys, flues, columns, sills and ornamental architectural
features may project not more than two feet into a required yard.
Flagpoles shall be the exception.
B.
An unenclosed porch, deck, patio or platform and the accompanying
steps to the ground or other structures, including but not limited
to carports, must conform to the setbacks of its particular district
but may be permitted as a special exception by the Zoning Hearing
Board, provided that:
(1)
The building is otherwise in conformity with the regulations
of its particular district.
(2)
The special exception would not conflict with the obstruction
to vision requirements of this section.
(3)
A minimum setback of five feet from any side lot yard is maintained.
(4)
A minimum setback of 10 feet from any front or rear yard is
maintained.
C.
A carport, open on three sides, may be erected within one of the
side yards when attached to a main building existing at the effective
date of this chapter, provided that the carport shall be not less
than five feet from the side lot line.
5.
Buffer Yards and Screen Plantings.
A.
Buffer Yards.
(1)
Unless otherwise provided, where a commercial or industrial
use adjoins a residential district or where a multifamily use, located
in R-1 Low-Density and R-2 Medium-Density Residential Zoning Districts,
adjoins a single-family residential use, a buffer yard of not less
than 15 feet in width shall be provided along the lot lines in addition
to the yard required for the district in which it is located.
[Amended by Ord. 975, 6/16/2016]
(2)
If a front yard is provided, the buffer yard may coincide with
the front yard.
(3)
All buffer yard areas shall be planted and maintained with a
vegetative material, and where required for multifamily, commercial
and industrial uses, a screen planting shall be planted and maintained
to the full length of side and rear lot lines which do not abut streets.
All buffer yards shall be planted with grass or ground cover and,
where required, a dense screen planting. Buffer yards shall be maintained
and kept free of all debris and rubbish.
(4)
No structure, manufacturing or processing activity, or storage
of materials shall be permitted in buffer yards. However, access roads,
service drives, and utility easements not more than 35 feet in width
are permitted to cross a buffer yard provided that the angle of the
center line of the road, drive, or easement crosses the buffer yard
at an angle not less than 60°.
(5)
No parking shall be permitted in buffer yards.
(6)
Prior to the issuance of a building permit, plans for buffer
yards shall be submitted for review and approval to the Zoning Officer.
Said plans shall show the arrangement of all of the buffer yards and
the placement, species and size of all plant materials to be placed
in such buffer yards. Said plan must be reviewed by the Planning Commission
and approved by the Zoning Officer before a building permit may be
issued.
B.
Screen Plantings. Screen plantings shall be located in the exterior
portion of the required buffer yards and shall be in accordance with
the following requirements:
(1)
Plant materials used in screen planting shall be at least four
feet in height when planted, shall be planted no more than three feet
apart, and be of such species as will produce, within three years,
a complete year-round visual screen of at least six feet in height.
(2)
The screen planting shall be maintained permanently and any
plant material which does not live shall be replaced within one year.
(3)
The screen planting shall be so placed that at maturity it will
be no closer than three feet from any ultimate right-of-way or property
line.
(4)
A clear sight triangle shall be maintained at all street intersections
and at all points where vehicular accessways intersect public streets.
(5)
The screen planting shall be broken only at points of vehicular
or pedestrian access.
(7)
Screen plantings shall be provided between the property line
and any off-street parking area and any outdoor solid waste storage
area for any multifamily, townhouse, commercial or manufacturing use
where the parking or solid waste disposal area abuts a residential
zoning district or a lot occupied by a residential use.
(8)
A natural earthen berm of at least four feet in height may be
utilized in conjunction with the screening material.
(9)
Any existing multifamily, commercial or industrial use and/or
structure shall not be required to comply with the screening requirements
except in cause of enlargement or exterior alteration of same, including
alterations to total impervious coverage.
[Ord. 822, 2/15/2007; as amended by Ord. 975, 6/16/2016]
Propane storage tanks shall be installed in accordance with
all applicable federal and state laws, rules and regulations.
[Ord. 822, 2/15/2007]
Placement of driveways or expansion of existing driveways shall
meet the impervious coverage requirements of the zoning district.
A.
Number per Lot. No more than one per lot, unless approval for a variance
is obtained. Two driveways are permitted on a corner lot, provided
that there is only one driveway per street and the driveways are located
outside of the clear-sight triangle.
B.
Setbacks. Driveways shall not connect with a public street within
40 feet of the right-of-way lines of any intersecting streets nor
within three feet of adjoining lot lines.
C.
Slope. A driveway shall not exceed a slope of 8% within 25 feet of
the street right-of-way line.
D.
Driveway width. No driveway shall provide a curb cut exceeding 24
feet in width.
E.
Surfacing. All driveways shall be paved with concrete or bituminous
paving material.
F.
Driveways or off-street parking access from a public alley is permitted,
provided that the building and lot fronts a public street and vehicular
or pedestrian access is provided to the public street. All other regulations
for driveways apply.
[Ord. 822, 2/15/2007]
1.
Recreational Vehicles, Boats, Campers, Trailers, and Trucks. Within
any residential zone or upon any property used principally for residential
purposes, the storage of recreational vehicles, travel trailers, trucks,
boats, and trailers used solely for the transport of the residents'
recreational vehicle(s) owned by the resident of the property is permitted
only according to the following requirements:
A.
The temporary parking of one such vehicle or trailer, for periods
not exceeding 72 hours during any seven-day period, is permitted on
a paved surface in any yard, so long as the vehicle is set back no
less than 10 feet from any street right-of-way and five feet from
adjoining property lines.
B.
The storage of such vehicles shall be permitted behind the building
setback line, so long as the unit is set back no less than five feet
from any adjoining lot line. All areas used for storage shall be maintained
as to keep vegetation properly trimmed and debris or litter disposed
of regularly. All vehicles shall maintain required licensure and registration
and prevent leakage of fuels and/or lubricants into the ground.
C.
No such vehicle shall be stored in the front of the building setback
line. On vacant lots, the vehicle must be stored behind the required
front yard setback line, as specified for principal uses.
D.
Screening shall be provided along any side and rear lot lines. Such
screening shall not extend into the required front yard. Screening
shall not be required along a common side lot line when the owner
resides on one lot and stores the vehicle on an adjacent vacant lot
owned by the same owner.
E.
The storage or parking of any commercial truck upon any residentially
zoned lot or lot used principally for residential purposes is prohibited.
For purposes of this section, commercial trucks shall include those
that exceed a gross vehicle weight (truck plus rated payload) of 10,000
pounds. In addition, the parking or storage of any trailer other than
those accessory to a principal residential use is expressly prohibited
on any residentially zoned lot or a lot used principally for residential
purposes.
[Ord. 946, 3/21/2013]
1.
Purpose. The purpose of this regulation is to provide guidelines
for the construction and use of solar energy systems while providing
for the health and safety of all residents.
2.
Installation and Construction. The installation and construction
of a solar energy system shall be subject to the following development
and design standards:
A.
A solar energy system is permitted in all zoning districts as an
accessory to a residential or a commercial use.
B.
A solar energy system may be roof-mounted and/or ground-mounted.
C.
A solar energy system shall provide power for the principal residential
and commercial use and/or residential accessory use or commercial
use of the property on which the solar energy system is located and
shall not be used for the generation of power for the sale of energy
to others, although this provision shall not be interpreted to prohibit
the sale of excess power generated from time to time to the local
utility company.
D.
A solar energy system connected to the utility grid shall provide
written authorization from the local utility company acknowledging
and approving such connection.
E.
A roof-mounted system may be mounted on a principal building or accessory
building. However the solar energy system must be located no closer
than three feet to the edge of the roofline. The solar energy system
must comply with the building height requirements that are specified
in each zoning district.
F.
A ground-mounted system shall not be mounted in the front yard of
any principal or accessory building. The surface area shall be considered
part of the building or structure's impervious coverage. The ground-mounted
system shall not exceed 360 square feet of allowable lot coverage
and must meet the accessory height regulations of that zoning district.
G.
The solar panels and supporting equipment shall be considered as
one solar energy system.
H.
All mechanical equipment associated with and necessary for the operation
of a solar energy system shall comply with the following:
(1)
Mechanical equipment shall be screened from any adjacent property
that is residentially zoned or used for residential dwelling purposes.
The screen shall consist of shrubbery, trees, or other plant materials
which provide a visual screen. A decorative fence shall meet the requirements
of this Section.
(2)
The mechanical equipment shall not be located within the front
yard of any structure.
I.
Solar panels shall be constructed in such a manner so as not to direct
solar radiation and/or glare onto nearby properties.
J.
All power transmission lines from a ground-mounted solar energy system
to any building shall be located underground.
K.
The design of the solar energy system shall meet the requirements
of the Uniform Construction Code. The local utility provider must
be contacted in order to determine grid interconnection and net metering
policies. The applicant shall submit certificates of design compliance
obtained by the equipment manufacturers from a certifying organization
and any such design shall be certified by an engineer registered in
the Commonwealth of Pennsylvania.
L.
The solar energy system shall be kept in good repair and sound condition.
If the system remains unused for a period of six consecutive months,
the device and all related structures shall be dismantled and removed
from the lot within 60 days after being properly notified by the Zoning
Officer.
[Ord. 946, 3/21/2013]
1.
Purpose. It is the purpose of this regulation to promote the safe,
effective and efficient use of wind power devices that are installed
to reduce the on-site consumption of utility-supplied energy. Wind
power devices are subject to reasonable conditions that will protect
the public's health and welfare.
2.
Installation and Construction. The installation and construction
of wind power devices is subject to the following development and
design standards;
A.
Usage of wind power devices for residential and commercial purposes
shall be permitted in all zoning districts within Elizabethtown Borough.
B.
Wind power devices for residential use on a residential lot shall
be considered an accessory use.
C.
Wind power devices shall not be permitted to be mounted on rooftops
in the R-1 Low-Density, R-2 Medium-Density and R-3 High-Density Residential
Zoning Districts. The devices shall not be permitted to be mounted
on the rooftops in the Mixed-Use and Central Business Districts.
[Amended by Ord. 975, 6/16/2016]
D.
The minimum lot size for the construction of a wind power device
shall be one acre.
E.
Wind power devices are not permitted to be constructed in the front
yard of a residential or commercial building.
F.
The height of a wind power device shall include the device's tower,
rotor and the point where a blade is perpendicular to the ground.
The height shall not exceed 75 feet in length.
G.
The required setback for the structure to be erected is 150% of the
height of the device.
H.
The wind power device as well as all mechanical equipment associated
with the device's operation shall be enclosed within a six-foot-high
fence.
I.
Noise from any wind power device shall not exceed 60 decibels when
measured from any property line where the unit is located.
J.
All electrical and utility lines associated with the wind power device
shall be buried underground.
K.
The wind power device shall be kept in good repair and sound condition.
If the wind power device remains unused for a period of six consecutive
months, the device and all related structures shall be dismantled
and removed from the lot within 60 days after being properly notified
by the Borough Zoning Official or the designee of the Borough Zoning
Official.
[Ord. 946, 3/21/2013]
1.
Purpose. The intention of this Section is to enable the Borough of
Elizabethtown to promote the general health and welfare of the residents
of the Borough by regulating and restricting the type of geothermal
systems which may be installed and operated within the Borough, in
order to protect and conserve the supply of underground water and
prevent pollution.
2.
Permitting. In addition to all other requirements to obtain a zoning
permit, the application shall state the kind of system to be installed;
the name, address and telephone number of the proposed installer;
and the plot plan of the lot, indicating the size of lot and location
of the geothermal boreholes for heat pump systems. Said site shall
be available for inspection prior to completion.
3.
Open Loop Geothermal System Prohibited. No person shall install or
maintain an open loop system within the Borough.
4.
Closed Loop Geothermal System Permitted. A person may install and
operate a closed loop geothermal system only in accordance with the
requirements of this Section.
A.
No person shall (1) construct or install a geothermal system; (2)
dig, bore, drill, replace, modify, repair or destroy a well that is
intended to be or was part of a geothermal system; or (3) make any
other excavation that may intersect groundwater without first obtaining
a permit from the Borough.
C.
The only heat transfer fluids to be used in said system are a nontoxic
environmentally safe material approved by the Borough Engineer.
D.
The only pipe which may be used for installation is geothermal polyethylene
pipe or pipe material meeting the most current standard of the industry
as approved by the Borough Engineer.
E.
Certified test results shall be provided to the Borough Engineer
and provided and maintained by the property owner.
F.
All boreholes shall be drilled by Pennsylvania registered/licensed
water well drillers.
G.
The property owner shall maintain a well log of the borehole and
"as built" plans showing the location and specifications of closed
loop geothermal components.
H.
The contractor shall provide data sheets indicating that the grout
meets the requirements of NSF/ANSI Standard 60, Drinking Water Treatment
Chemicals — Health Effects.
5.
System Testing. All geothermal systems installed under the provisions
of this Section must be tested.
A.
The system shall be tested hydrostatically at 1 1/2 times the
maximum system design pressure but not less than 200 psi.
B.
The duration of each test shall be not less than 15 minutes.
C.
All geothermal systems must be pressure checked to the original standard
by a geothermal contractor licensed in the Commonwealth of Pennsylvania
once every three years from the system's certification date. Results
of the test shall be submitted to the Borough's Building Code Inspector.
D.
No person shall operate a system if a test reveals that it is likely
to leak the heat transfer liquids.
[Ord. 946, 3/21/2013]
1.
Outdoor dining areas shall be kept clean and clear of trash and/or
spilled food. The dining establishment shall provide an appropriate
trash receptacle for its customers to properly discard trash.
3.
Dining establishments that abut a public roadway shall provide a
physical barrier around the tables and chairs in the form of bollards,
chains, ropes or some other system that will appropriately ensure
safety for all pedestrians. In the Central Business District, the
proposal to create a physical barrier shall conform to the district's
architectural design and must be presented to Borough for approval
before being constructed.
4.
Outdoor dining establishments shall maintain 48 inches of sidewalk
area so as not to impede the pedestrian thoroughfare commonly used
by the public.
5.
Outdoor dining establishments shall abide by and comply with the
standards and regulations enacted and promulgated by State and Federal
agencies.
6.
Restrictions upon outdoor eating, as defined, shall not apply to
a municipally sponsored event(s).
7.
Owners of outdoor dining establishments shall safely secure all tables
and chairs during nonbusiness hours.
[Ord. 946, 3/21/2013]
1.
A retail pet shop shall consist of no more than 15 dogs and/or cats, but may house an unlimited amount of fish, rabbits, gerbils, birds and other small animals as defined in Part 2, § 201, "pets."
2.
A retail pet shop sales area shall not be located closer than 250
feet from a residential zoning district. Animals shall not be permitted
to use outdoor stalls or runs from 8:00 a.m. to 8:00 p.m. The section
in which the animals are temporarily housed shall be adequately soundproofed
so as to prevent the generation of sound.
[Ord. 946, 3/21/2013]
1.
Outdoor hydronic heaters shall be permitted as an accessory use to
a principal use, by right, within all districts on lots that are one
acre or larger. All outdoor hydronic heaters shall comply with the
regulations of this section. It shall be the joint responsibility
of the landowner and the applicant to prove compliance with this Section.
This shall include the requirements of submitting manufacturer's specifications
and maintenance documents, certification testing results, and any
other required documents at the time of the application for both a
construction and zoning permit.
2.
Treated or painted wood, furniture, trash, rubbish or garbage, tires,
lawn clippings, woody yard waste(s), plastic materials, waste petroleum
products, paints and paint thinners, chemicals, hazardous wastes,
coal, paper wastes, construction or demolition debris, plywood, animal
waste and/or carcasses shall not be burned in an outdoor hydronic
heater.
3.
All outdoor hydronic heaters shall have a permanent attached stack.
The minimum height of all stacks shall be 20 feet above the ground
and otherwise installed according to the manufacturer's specifications.
4.
Clean wood, corn, wood pellets made from clean wood, home heating
oil, natural gas, or propane that complies with all applicable sulfur
limits and is used as a starter or supplemental fuel for dual-fired
outdoor hydronic heaters or any other materials located in a manufacturer's
list of specifications so long as the material is not prohibited by
federal and state regulation(s) may be burned in an outdoor hydronic
heater.
5.
Any outdoor hydronic heater shall be located on the same lot on which
the principal use is located.
6.
All outdoor hydronic heaters shall meet the certification standards
of the voluntary program of the EPA for Phase I air emission levels
of no more than 0.60 pound of fine particulates per million British
thermal units (BTUs) heat input and any amendments or modifications
made hereafter.
7.
All outdoor hydronic heaters that are Phase 1 certified shall contain
an orange hangtag on the boiler structure at all times. Phase 2 certified
outdoor hydronic heaters shall contain a white hang tag on the boiler
structure at all times.
8.
All outdoor hydronic heaters shall be located 150 feet from any side
or rear lot lines and/or public road or alley rights-of-way.
9.
No signage or any form of advertising shall be utilized or attached
to an outdoor solid-fuel-fired boiler. This requirement shall not
include the make and model description of the outdoor hydronic heater,
manufacturer's required hangtags or warning signs, the hangtags indicating
EPA air quality specifications; or other signage that is required
by law.
10.
Outdoor hydronic heaters shall comply with all applicable regulations
of the Uniform Construction Code.
11.
In the event that an outdoor hydronic heater is damaged or it is
physically deteriorated or decayed to the point where it no longer
is compliant with this Section, said heater must be removed and or
replaced with a new unit within 60 days of the date that notice is
received from the Zoning Officer. In the event of replacement, all
provisions of this Chapter in effect at the time of replacement shall
be complied with.
12.
In the event that the outdoor hydronic heater is abandoned, the boiler,
electrical wires, and any related equipment and structures shall be
dismantled and removed from the property within 60 days of the date
it was abandoned.
[Ord. 946, 3/21/2013]
It is the intent of the Borough to comply with Chapter 33, Local
Ordinances Relating to Oil and Gas Operations, of Title 58 Oil and
Gas, of the Pennsylvania Consolidated Statutes, as added by Act 13
of 2012. Oil and gas operations, as defined in 58 Pa. C.S.A. § 3301,
shall be permitted within the Borough to the extent of and in the
manner required by 58 Pa. C.S.A. § 3304. All provisions
of this Zoning Ordinance shall apply to oil and gas operations to
the maximum extent allowed by Chapter 33 of Title 58.
[Added by Ord. 983, 11/16/2017]
1.
Operators of short-term lodging accommodations shall conform to the
following standards:
A.
Shall not provide meals for compensation.
B.
Shall apply for and receive a residential rental license.
C.
The length of stay per transient occupant shall be limited to a maximum
of 30 days.
D.
Short-term lodging accommodations shall not exceed the number of
transient occupants allowed within the applicable zoning district.
E.
Operator(s) of short-term lodging accommodations shall not operate
more than 150 cumulative days in a year and must operate such uses
in strict conformance to all applicable provisions of the Elizabethtown
Borough Code of Ordinances.
[Added by Ord. 983, 11/16/2017]
1.
No lot shall contain more than one accessory dwelling unit.
2.
If the accessory dwelling unit is a separate structure, the accessory
dwelling unit shall be smaller in both building footprint and height
than the principal building on the lot.
4.
The owner of the lot shall maintain his or her principal primary
residence in either the principal dwelling unit on the lot or in the
accessory dwelling unit.
5.
The accessory dwelling unit shall not be sold separately from the
principal building on the lot.
6.
The owner of the lot containing an accessory dwelling unit shall
be responsible to secure electric, water and sewer service and shall
tender payment of connection fees and applicable service fees for
said utilities.
8.
Accessory dwelling units are not permitted within the Central Business
District.
9.
Accessory dwelling units that are detached from the principal building
on the lot shall have a minimum setback of six feet from the rear
and side lot line. Accessory dwelling units that are attached to the
principal building shall meet the setback requirements of the applicable
zoning district.
10.
The construction of or conversion of an accessory structure, attic
or basement area into an accessory dwelling unit shall meet the most
current form of the Uniform Construction Code. A zoning permit and
construction code permit application shall be required prior to commencing
construction work.
11.
An accessory dwelling unit shall comply with all other applicable
provisions of the Elizabethtown Borough Code of Ordinances.
