The following regulations shall qualify or supplement the district
regulations appearing elsewhere in this chapter:
[Ord. 88-7, 5/12/1988; as amended by Ord. 89-7, 8/17/1989,
§ 3; by Ord. 98-1, 7/16/1998, § 7; by Ord. 2002-3,
7/18/2002, §§ 3, 4; and by Ord. 2003-1, 5/15/2003,
§§ 9, 11]
1.
Animals and Poultry. In districts where permitted, operations involving
the use of buildings and land for farming, nurseries and greenhouses,
dog kennels, animal hospitals, stock raising, dairying and poultry
shall be subject to the following safeguards and regulations:
2.
Antennas, Radio and Television. Radio and television antennas, including
but not limited to satellite dish antennas, may be installed, erected
and maintained within all zoning districts of the Borough, as set
forth in this section. All antennas shall be subject to the following:
A.
Approval of Antennas.
(1)
All antennas shall be subject to the review and approval of
the Zoning Officer.
(2)
The following antennas shall be reviewed and approved by the
Zoning Officer, if in accordance with development standards as set
forth in this section:
(3)
Ground-mounted antennas as defined in Subsection 1B(5) of this
section, exceeding 40 feet in height may be permitted, if a special
exception permit is granted in accordance with this section, provided
that no antenna shall exceed 75 feet in height.
B.
Development Standards. All antennas shall be located, designed, constructed,
treated, and maintained in accordance with the following standards:
(1)
Antennas shall be installed and maintained in compliance with
this chapter and the Hummelstown Borough Building Construction Ordinance.
(2)
Antennas which are roof-mounted shall not extend higher than
12 feet above the highest point of the roof section where mounted,
except a single-vertical pole antenna may extend to 20 feet above
the peak of the roof. Roof-mounted dish antennas shall be constructed
of a wire mesh material or its equivalent and shall not exceed eight
feet in diameter.
(3)
No more than one ground-mounted antenna exceeding 40 feet in
height shall be permitted on each lot.
(4)
Antennas shall be erected or maintained to the rear of the main
building, except in those instances when the subject property abuts
a cul-de-sac or is a corner lot where the side yard is larger than
the rear yard in which case the antenna may be located in any required
setback area. No portion of an antenna array shall extend beyond the
property lines or into any front yard or easement areas. Guy wires
shall not be anchored within any front yard or easement areas, but
may be attached to the building.
(5)
Antennas may be roof or ground-mounted, freestanding or supported
by guy wires, buildings or other structures in compliance with the
manufacturer's structural specifications. Ground-mounted antennas
shall be any antenna with its base mounted directly in the ground,
even if such antenna is supported or attached to the wall of a building.
Fixed-guyed antenna towers shall be fascia-mounted or guyed according
to approved standards. Wire antennas that are not self-supporting
shall be supported by objects within the property lines, but not within
any front yard areas.
(6)
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. Antennas
shall be screened through the addition of architectural features and/or
landscaping that harmonize with the elements and characteristics of
the property. Screening material shall be of a height necessary to
conceal the antenna without reception being obstructed. Screening
shall not exceed six feet in height. The materials used in constructing
the antenna shall not be unnecessarily bright, shiny, garish or reflective.
(7)
Antennas shall meet all manufacturer's specifications. The mast
or tower shall be of noncombustible and corrosive-resistant material.
The miscellaneous hardware, such as brackets, turnbuckles, clips and
similar type equipment subject to rust or corrosion, shall be protected
with a zinc or cadmium coating by a galvanizing or similar process
after forming. These finishes are selected to guard against corrosion
and to protect the elements against electrolytic action due to the
use of adjoining dissimilar metals.
(8)
Whenever it is necessary to install an antenna near power lines,
or where damage would be caused by its falling, a separate safety
wire must be attached to the antenna mast or tower and secured in
a direction away from the hazard. Antennas and guy wires must be kept
at least 24 inches clear of telephone or electric wires.
(9)
Every antenna must be adequately grounded for protection against
a direct strike of lightning, with an adequate ground wire. Ground
wires shall be of the type approved for grounding masts and lightning
arresters, and shall be installed in a mechanical manner with as few
bends as possible, maintaining a clearance of at least two inches
from combustible materials. Lightning arresters, approved by the Underwriters'
Laboratories, Inc., shall be used. Both sides of the line must be-adequately
protected with proper arresters to remove static charges accumulated
on the line. When lead-in conductors of polyethylene ribbon-type are
used, lightning arresters must be installed in each conductor.
|
When coaxial cable or shielded twin lead is used for lead-in,
suitable protection may be provided without lightning arresters by
grounding the exterior metal sheath.
|
C.
Application for Approval.
(1)
Prior to installing any antenna, an application shall be submitted
to and approved by the Zoning Officer. The application shall be accompanied
by construction drawings showing the proposed method of installation,
the manufacturer's specifications, if any, and a sketch showing the
location of the antenna, property and setback lines and all structures.
In addition, applications shall be accompanied by engineering data
establishing the fact that the antenna conforms to the structural
requirements of the Borough Building Construction Ordinance. Such
engineering data may include custom engineering calculations for each
installation, the calculations and data to be submitted by a structural
or civil engineer registered by the Commonwealth of Pennsylvania.
D.
Special Exception Permit.
(1)
When a special exception permit is required by this section,
the application shall include, in addition to all other required contents,
the following:
(a)
A site plan showing adjacent properties, possible views, and
all screening features.
(b)
Affected exterior elevations and architectural features and
the texture and color of all materials to be used.
(c)
A map and list showing adjoining property owners by name and
address, as shown on the last tax assessment record, within a distance
of 300 feet along adjacent streets and 100 feet from other boundaries
of the subject property.
(d)
A statement of proposed measures to mitigate radio frequency
and television interference shall be included in case such interference
should result from the operation of an amateur radio station.
(2)
The application will be processed in accordance with the above
requirements and may be approved only if the above criteria and criteria
set forth in Part 21 herein are met. The antenna shall not exceed
75 feet in height and shall have minimum setbacks as follows:
(3)
Conditions of approval may be imposed to mitigate any negative
impacts from installation of the antenna.
(4)
The antenna shall be removed upon the termination or revocation
of the permit. The permit shall terminate on the sale or transfer
of ownership of the property by the applicant and shall be so conditioned,
provided, however, that if sale or transfer of ownership occurs, then
upon application to the Borough, the permit may be extended by the
Zoning Officer.
E.
Enforcement.
(1)
All antennas shall be maintained in good condition and in accordance
with all requirements of this section.
(2)
All antennas shall be subject to periodic reinspection. No addition,
changes, or modifications shall be made to an antenna, unless the
addition, change, or modification is in conformity with the Borough
Building Construction Chapter and Special Exception Permit.
(3)
Failure to abide by and faithfully comply with this section
or with any and all conditions that may be attached to the granting
of any Special Exception Permit shall constitute grounds for the revocation
of the permit by the Zoning Officer. The remedies provided for herein
shall be cumulative with all other remedies provided in this chapter.
3.
Apartment. (Accessory) Where permitted, or permitted as a special
exception, an accessory apartment may be created in a single-family
detached dwelling existing as of the effective date of the chapter,
provided that:
A.
The apartment will be a complete and separate housekeeping unit that
can be isolated from the original unit.
B.
Only one apartment will be created within a single-family detached
dwelling unit.
C.
The owner(s) of the residence in which the accessory unit is created
shall occupy at least one of the dwelling units on the premises, except
for bona fide temporary absences.
D.
The accessory apartment shall be designed so that, to the degree
feasible, the appearance of the building remains that of a single-family
detached dwelling. In general, any new entrances shall be located
on the side or in the rear of the building, and any additions shall
not increase the square footage of the original structure by more
than 10%.
E.
The design and size of the apartment conforms to all applicable state
and Borough standards/codes including but not limited to Pennsylvania
Department of Labor and Industry regulations and the Hummelstown Borough
Code of Ordinances.
F.
Additions or alterations carried out in the last three years prior
to application that add more than the permissible 10% to the previous
floor area of the existing single-family detached dwelling shall not
be considered in determining whether there is adequate space to install
a temporary accessory apartment.
G.
The accessory apartment shall be no more than 30% of the structure's
total floor area nor greater than 800 square feet.
H.
A minimum of 300 square feet of floor area shall be required.
I.
At least three off-street parking spaces are available for use by
the owner-occupant and tenant.
J.
Any other appropriate or more stringent conditions deemed necessary
by Borough Council to protect public health, safety and welfare, and
the single-family character of the neighborhood.
5.
Automobile Service Stations and other Drive-In Type Uses: Such uses,
where permitted, shall comply with the following:
A.
No street entrance or exit for vehicles and no portion or equipment
of such service station or other drive-in uses shall be located:
B.
No equipment above ground for the service of motor vehicles shall
be closer than 25 feet to any property line.
C.
Canopies shall be located no less than 10 feet from the right-of-way
line.
D.
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 curb line or edge of pavement.
E.
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.
F.
Parking and vehicle access shall be so arranged that there will be
no need for the motorists to back over sidewalks or into streets.
6.
Boarding Homes (includes Rooming and Lodging Houses): Where permitted,
boarding homes may be established subject to the following conditions:
A.
Accommodations shall be limited to no more than 10 guest rooms for
rent.
B.
Not more than 20 guests may be accommodated at any one time.
C.
Meals for compensation shall be provided only to boarding home guests.
No cooking facilities shall be provided or permitted in the individual
guest rooms.
D.
Guest rooms shall contain a minimum of 90 square feet of habitable
floor area per person.
E.
Off-street parking shall be provided in accordance with Part 17 herein.
7.
Churches Schools, and Other Public Buildings. In districts where
permitted, 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 20,000 square feet.
B.
Lot coverage shall not be greater than 40% of lot area.
C.
Width Regulations. The lot width at the front building setback line
shall be based on the building size and yard requirements, but in
no case shall the lot width be less than 100 feet in width.
D.
Yard Regulations. Each lot shall have yards not less than the following
depths or widths:
F.
Off-Street Parking. Parking shall be provided in accordance with
the provisions of Part 17 herein.
8.
Clubs, Lodges, and Fraternal Organizations. In districts where permitted
or permitted as a special exception, these and similar uses are restricted
to those not conducted primarily for gain, although a dining room
may be operated for the benefit of club members; provided that no
permanent sign advertising the sale of food or beverages will be permitted.
Buildings or structures hereafter converted or erected for such use
are subject to all applicable regulations for the district in which
the facility is to be located. A buffer yard/screen planting of no
less than five feet in depth shall be maintained along all property
lines abutting a residential use.
9.
Commercial and Industrial Uses. In order that the Zoning Officer
may have a reasonable basis upon which to approve a proposed commercial
or industrial operation for conformity to the requirements of this
chapter, the following data shall be submitted with an application
for a permit:
A.
Plot plan.
B.
Architectural plan.
C.
Description of operation.
D.
Engineering and architectural plans for water supply and sewage disposal.
E.
Plans for prevention or control of noise, vibration, glare, fire
hazards, air pollution, water pollution and traffic.
F.
Proposed fuel.
G.
Number of shifts and maximum employment per shift.
10.
Commercial Greenhouses and Nurseries. Where permitted, these uses
may be established subject to the following:
A.
A minimum lot area of 20,000 square feet shall be provided in addition
to the lot area required for other uses located on the same property.
However, in no case shall the lot be less than the minimum lot area
permitted in the District in which it is located.
B.
No structure may be located closer than 40 feet to a side or rear
property line, unless greater setbacks are required in the District
in which it is located.
C.
A buffer yard/screen planting of no less than five feet in depth
shall be maintained along all property lines abutting a residential
use.
D.
Greenhouse heating plants which are not contained within the structure
they serve may be located as follows:
(1)
To the side or rear of any main building, but not in the required
side or rear yard, provided that the heating plant is not hazardous
to others and does not create noise, dirt or heat flows of objectionable
amounts or intensities.
(2)
In the required rear yard, provided that it is not less than
five feet from the side or rear lot line, not less than 20 feet from
an abutting alley nor less than the required corner side-yard (front
yard) depth from an abutting side street, other than an alley, provided
that it is not hazardous to others and does not create noise, direct
or indirect heat flows of objectionable amounts or intensities.
E.
A greenhouse operated for noncommercial purposes shall be considered
as an accessory structure and shall comply with all applicable District
provisions.
11.
Community Residence. Community residences are allowed in the RTF,
R-M, C-RN, C-CBD and C-G Zoning Districts as a conditional use, subject
to the following restrictions:
A.
Community residences shall not be located within 1,000 feet of another
community residence, and with 750 feet of any day care facility or
public park and 1,000 feet from any school.
B.
If applicable, the community residence and/or its operator shall
be licensed and certified by the appropriate governmental agencies
or authorities. If said license is revoked or expires, applicant must
return to Borough Council for conditional use approval.
C.
The applicant shall document all steps or procedures that are necessary
to avoid any potentially adverse impact caused by the proposed use
on adjacent properties and the neighborhood where the use is proposed.
D.
The applicant shall establish that it is qualified to furnish the
required care and support services that are needed of the community
residence including, but not limited to, providing documentation on
the number of staff, their qualifications and training.
E.
The applicant shall provide a description of the anticipated number
of residents and any relevant information with regard to the nature,
character and background of the residents and the type of case or
support services needed.
F.
The applicant shall provide information on the owner and/or operator,
including type of legal entity involved, names of principals, types
of care or support services to be provided, past experience of the
principals and legal entity with such care or support services, sources
of prospective residents and a listing of any governmental agencies
which may be involved in referring, recommending, assigning or supervising
residents or staff or the operation of the community residence.
G.
The community residence must also comply with the following:
(1)
Off-street parking shall be provided in accordance with Part
17 herein.
(2)
A buffer yard of no less than 15 feet and screen planting must be maintained along all side and rear property lines, in accordance with § 27-1405 herein.
(3)
A minimum of 7,500 square feet of lot area is required. An additional
500 square feet of lot area shall be required for every occupant over
five.
(4)
All setbacks must comply with those set forth in the applicable
zoning district.
(5)
Residents rooms shall contain a minimum of 100 square feet per
resident.
12.
Family Care Facility. Where permitted, family care facilities may
be established subject to the following conditions:
A.
Lot area, width, and yard regulations shall be in compliance with
applicable district requirements.
B.
A family care facility shall not be located within 1,000 feet of
another family care and/or group care facility.
C.
Off-street parking shall be provided in accordance with Part 17 herein.
D.
All other applicable provisions of this chapter.
13.
Family Day Care Homes/Group Day Care Home. Where permitted, family
day care and group day care homes may be established subject to the
following conditions:
A.
Lot area shall be determined on the basis of building size, yard
requirements, parking and access requirements and other applicable
standards.
B.
A minimum of 100 square feet of usable outdoor play space and 40
square feet of usable indoor space must be provided for each child
present at the facility, including resident children.
C.
Outside play shall be limited to the hours between 8:00 a.m. and
7:00 p.m.
D.
A buffer yard/screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 27-1405 of this Part.
E.
Operators are responsible for compliance with all Pennsylvania Department
of Public Welfare licensing/registration requirements and any other
local, state or federal regulations.
F.
Off-street parking shall be provided in accordance with Part 17 herein.
14.
Farming/Gardening. The tilling of the soil, raising of crops and
gardening shall be permitted in any district.
15.
Funeral Homes. Where permitted, funeral homes may be established
subject to the following conditions:
A.
The lot area shall be determined on the basis of building size, yard
requirements, parking and access requirements and other applicable
standards, but in no case shall be less than 7,500 square feet.
B.
Minimum front, side, and rear yard setbacks shall be 15 feet.
C.
Lot width shall be determined by the size of the building and setbacks.
D.
A buffer yard/screen planting of no less than five feet in depth
shall be maintained along rear and side lot lines abutting a residential
use.
16.
Garden Apartments. Where permitted all garden apartments shall comply
with the following:
A.
There shall be not more than 12 dwelling units per building.
B.
No garden apartment building shall be in excess of two stories in
height.
C.
Lot area per dwelling unit shall not be less than the area required
by the applicable district regulations when served by both public
water and sanitary sewers.
D.
All applicable provisions of this chapter.
17.
Group Care Facility. Where permitted, group care facilities may be
established subject to the following:
A.
Lot area shall be determined on the basis of building size, yard
requirements, parking and access requirements and other applicable
standards, but in no case shall be less than 7,500 square feet plus
500 square feet for very resident over 10.
B.
The minimum front, side, and rear yard setbacks shall be no less
than 25 feet.
C.
A buffer yard/screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 27-1405 of this Part.
D.
A family care facility shall not be located within 1,000 feet of
another family care and/or group care facility.
E.
Off-street parking shall be provided in accordance with Part 17 herein.
F.
All other applicable provisions of this Part.
18.
Group Day Care Home. See Family Day Care Home/Group Day Care Home.
19.
Hazardous Substances. Storage of Flammable and Combustible Liquids;
Handling, Processing and Storage of Hazardous Substances; Temporary
and Permanent Storage of Hazardous Waste:
A.
This section shall apply to the following uses, and these regulations
shall be considered in addition to any other part of the Zoning Chapter
or any other ordinance of the Borough, such that all regulations shall
be given effect:
(3)
The temporary or permanent storage of hazardous waste, and for
purposes of this section hazardous waste shall be defined as follows:
(a)
Any garbage, refuse, sludge from
an industrial or other waste water treatment plant, sludge from a
water supply treatment plant, or air pollution control facility and
other discarded material including solid, liquid, semisolid or contained
gaseous material resulting from municipal, commercial, industrial,
institutional, mining, or agriculture operations, and from community
activities, or any combination of the above (but does not include
solid or dissolved material in domestic sewage, or solid or dissolved
materials in irrigation return flows or industrial discharges which
are point sources subject to permits under Section of the Federal
Water Pollution Control Act, as amended (33 U.S.C. § 1342),
or source, special nuclear, or by-product material as defined by the
U.S. Atomic Energy Act of 1954, as amended (42 U.S.C. § 2014)),
which because of its quantity, concentration, or physical, chemical
or infectious characteristics may:
(i)
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population in; or,
(ii)
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
B.
No use regulated by this section shall be established:
C.
In addition to any and all setbacks required by this Part, any use
regulated by this section shall also be subject to the following:
(1)
A chain link fence, a minimum of eight feet in height with at
least a one foot, three stranded course of outward slanting barbed
wire extension, shall completely encircle the premises, with any gates
locked during nonbusiness hours.
(2)
A buffer yard of 50 feet shall be maintained along all adjoining
property lines. No structures, other than a fence or an earthen retaining
mound shall be permitted within the buffer yard.
D.
All uses regulated by this section shall at all times possess every
permit required by the Borough of Hummelstown, Pennsylvania Department
of Environmental Resources, United States Environmental Protection
Agency, and any and all county, state or federal department or agency
having jurisdiction over such use.
20.
Home Occupation. Where permitted or permitted as a special exception,
home occupations may be established subject to the following conditions:
A.
The home occupation shall be carried on completely within the dwelling
unit or accessory building.
B.
Not more than one person other than the occupants of the dwelling
unit shall be employed.
C.
Not more than 25% of the floor area of a main building shall be devoted
to a home occupation.
D.
Articles sold or offered for sale shall be limited to those produced
on the premises or for food served as part of a bed and breakfast
establishment.
E.
There shall be no exterior display or sign (except as permitted in
the regulation of signs in this chapter), no exterior storage of materials,
and no other exterior indication of the home occupation or variation
of the residential character of the main building.
F.
No offensive noise, vibration, smoke or other particulate matter,
heat, humidity, glare or other objectionable effects shall be produced.
G.
A home occupation may include, but is not limited to art studios;
dressmaking or millinery; barbershop; beauty parlor; teaching, music
or dance instruction limited to a single pupil at a time; real estate
or insurance office; the professional office of a dentist, physician,
lawyer, engineer, planner, accountant, architect; bed and breakfast
establishments; or any other activities of a similar nature.
H.
A home occupation shall, under no circumstances, be interpreted to
include a commercial stable or a dog kennel.
I.
Off-street parking shall be provided in accordance with the provisions
of Part 17 herein.
J.
Bed-and-breakfast establishments, where permitted, shall meet the
following additional requirements:
[Amended by Ord. No. 2019-4, 11/21/2019]
(1)
Sleeping accommodations shall be located only within the dwelling
and shall be limited to no more than three rooms for rent with a total
size not to exceed 35%, or 750 square feet, of the dwelling, whichever
is less.
(2)
Not more than six adult guests may be accommodated at any one
time. The length of stay per guest shall be limited to 15 days.
(3)
Off-street parking shall be provided in accordance with Part
17 herein.
(4)
Meals for compensation shall be provided only to guests of the
bed-and-breakfast establishment and shall be limited to breakfast.
(5)
No more than one bed-and-breakfast establishment is permitted
per lot. No bed-and-breakfast establishment may be located within
500 feet of an existing bed-and-breakfast establishment, to be measured
from the closest distance between lot lines of the properties accommodating
said bed-and-breakfast establishments.
21.
Medical Centers. Where permitted or permitted as a special exception,
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 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, but in no case shall be less than 7,500 square feet.
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 all property lines abutting a residential
use.
F.
Parking shall be provided in accordance with the provisions of Part
17 herein.
G.
Architectural sketch of the building and a plot plan showing the
size and location of the building, parking areas and driveways and
the plan for sewage disposal shall be submitted to the Zoning Officer
or, if a special exception, Zoning Hearing Board for review and approval.
22.
Mixed Uses.
A.
When two or more principal uses occupy the same lot but not the same
building, 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. All off-street parking shall comply
with the provisions of Part 17 herein.
[Amended by Ord. No. 2017-4, 11/16/2017]
B.
No building to the rear of and on the same lot with a main building
shall be erected or used for residential purposes unless such rear
building conforms with all use, height, access and area requirements
of the district in which it is located.
C.
When two or more principal uses occupy the same building on the same
lot, lot area, and building area requirements shall be provided so
that the requirements pertaining to each use will be met in full.
All off-street parking shall comply with the provisions of Part 17
herein.
[Amended by Ord. No. 2017-4, 11/16/2017]
23.
Manufactured Home Parks. Where permitted, as a land development, plats, shall be prepared and submitted in accordance with the requirements of Chapter 22 of the Hummelstown Borough Code of Ordinances.
24.
Motels/Hotels. In districts where permitted, motels/hotels shall
be subject to the following safeguards and regulations:
A.
Where two or more buildings are proposed, as a land development, a plat shall be prepared and submitted to the Borough in accordance with the requirements of Chapter 22 of the Borough's Code of Ordinances for action by the Borough Council.
B.
No motel/hotel shall have a lot area of less than 20,000 square feet,
and where one building is proposed, plans shall be submitted to and
approved by the Zoning Officer and contain the following:
C.
Front, side and rear yards of the motel/hotel shall be permanently
landscaped and maintained in good condition.
D.
Off-street parking and loading spaces for other facilities developed as part of the motel/hotel premises shall be provided as required by Part 17 of this chapter.
E.
Every unit shall be provided with running hot and cold water and
separate toilet facilities.
F.
Motel/hotel buildings or parts thereof shall be placed no closer
than 30 feet to any lot line.
G.
The space between motel/hotel buildings shall be not less than 20
feet and the space between the fronts or rears of units shall be not
less than the dimensions required for courts, where such are formed
by the arrangement of units.
25.
Municipal Uses. In any district, a building may be erected, altered
or extended and land may be developed which is arranged, intended
or designed for municipal uses, including municipal recreation uses.
26.
Nursing Homes. Where permitted, a building for such use may be erected
and used subject to the following:
A.
The facility shall be constructed and operated in accordance with
applicable state laws.
B.
The minimum lot area shall be determined by building size, setbacks,
and be at least 7,500 square feet plus 500 square feet for each patient
over eight.
C.
The minimum lot width shall be based on building size and setbacks.
D.
The minimum front, side, and rear yard setbacks shall be no less
than 25 feet.
E.
A buffer yard/screen planting of no less than 10 feet in depth shall
be established along rear and side lot lines.
27.
Open Space Requirements.
A.
Where required, open space areas shall be developed to complement
and enhance the man-made environment. In the selection of the location
of such area, consideration shall be given to the preservation of
natural and man-made features which will enhance the attractiveness
and value of the remainder of the property to be subdivided or developed,
including flood plains, streams and ponds, slopes equal to or greater
than 15%, natural permanent vegetation, historical amenities and other
community assets.
B.
The area shall be so located and designed that it is easily accessible
to all residents including handicapped. Safe and easy access to common
open space areas shall be provided either by adjoining road frontage,
easements and/or paths.
C.
Whenever possible, common open space areas shall be designed as a
continuous system of usable area, which are interspersed among groupings
of residential buildings. Provided, however, in those instances in
which the total minimum required open space is less than two acres
in size, such areas shall be located in one parcel.
D.
Such areas specifically designed for open space shall be fully usable
and suitable for that purpose and shall be set aside by deed restriction.
E.
Accessways to the site shall be of a sufficient width so that maintenance
equipment shall have reasonable convenient access to such areas. In
all instances, such open space areas shall be maintained in a careful
and prudent manner.
F.
The Borough may, at any time and from time to time, accept the dedication
of land or any interest therein for public use and maintenance, but
the Borough need not require, as a condition of the approval of a
development, that land proposed to be set aside for common open space
be dedicated or made available to public use.
G.
The landowner shall provide for and establish an organization for
the ownership and maintenance of the common open space, and such organization
shall not be dissolved nor shall it dispose of the common open space,
by sale or otherwise (except to an organization conceived and established
to own and maintain the common open space), without first offering
to dedicate the same to the public.
H.
In the event that the organization established to own and maintain
common open space, or any successor organization, shall at any time
after establishment of the development fail to maintain the common
open space in reasonable order and condition in accordance with the
development plan, the Borough may serve written notice upon such organization
and upon the residents of the development setting forth the manner
in which the organization has failed to maintain the common open space
in reasonable condition. The notice shall include a demand that such
deficiencies of maintenance be corrected within 30 days thereof. The
notice shall also state the date and place of a hearing thereon which
shall be held within 14 days of the notice. At such hearing the Borough
may modify the terms of the original notice as to the deficiencies
and may give an extension of time within which they shall be corrected.
If the deficiencies set forth in the original notice or in the modification
thereof are not corrected within 30 days or any extension thereof,
the Borough, in order to preserve the taxable values of the property
within the development and to prevent the common open space from becoming
a public nuisance, may enter upon the common open space and maintain
the same for a period of one year. Such maintenance by the Borough
shall not constitute a taking of the common open space, nor vest in
the public any rights to use the same. Before the expiration of the
year, the Borough shall, upon its initiative or upon the request of
the organization theretofore responsible for the maintenance of the
common open space, call a public hearing upon notice to such organization,
or to the residents of the development, to be held by Borough Council
or Planning Commission, at which hearing such organization or the
residents of the cluster subdivision/development shall show cause
why such maintenance by the Borough shall not, at the option of the
Borough, continue for a succeeding year. If Borough Council or the
Planning Commission determines that such organization is not ready
and able to maintain the common open space in a reasonable condition,
the Borough may, in its discretion, continue to maintain the common
open space during the next succeeding year and, subject to a similar
hearing and determination, in each year thereafter. The decision of
the Borough Council or the Planning Commission shall be subject to
appeal to the court in the same manner, and within the same time limitation,
as provided for by this Zoning Chapter.
I.
The cost of such maintenance by the Borough shall be assessed ratably
against the properties within the development that have a right of
enjoyment of the common open space, and shall become a lien on such
properties. The Borough at the time of entering upon the common open
space for the purpose of maintenance shall file a notice of lien in
the office of the Prothonotary of the Court of Common Pleas of Dauphin
County, Pennsylvania, upon the properties affected by the lien within
the development.
28.
Prohibited Uses.
A.
Dwellings in industrial districts.
B.
The primary living and sleeping quarters of dwelling units shall
not be permitted in cellars.
C.
The following uses are prohibited in all districts throughout the
Borough:
(1)
The incineration, reduction or storage of garbage, offal, animals,
fish or refuse, unless by the authority of or under the supervision
of the Borough.
(2)
Dumps and dumping of any kind, unless by the authority of or
under the supervision of the Borough.
(3)
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.
(4)
Junkyards.
(5)
Dog kennels.
(6)
Conversion apartments.
29.
Public and Private Nursery Schools and Day Care Centers. Where permitted,
or permitted as a special exception, public and private nursery schools
and day care centers shall comply with the following conditions:
A.
Lot area shall be determined on the basis of building size, yard
requirements, parking and access requirements and other applicable
standards but in no case shall be less then 7,500 square feet plus
500 square feet for every child over 10.
B.
The minimum front, side and rear yard setbacks shall be no less than
25 feet.
C.
A buffer yard/screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 27-1405 of this Part.
D.
In any residential district, no nursery school/day care center shall
be established within 500 feet from another nursery school/day care
center.
E.
Operators are responsible for compliance with all Pennsylvania Department
of Public Welfare licensing/registration requirements and any other
local, state or federal regulations.
F.
Off-street parking shall be provided in accordance with Part 17 herein.
30.
Public Utility Facilities. Public utility facilities shall be permitted
in any district without regard to the use and area regulations; provided,
however, 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 topped with barbed wire.
D.
Housed Equipment. When the 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.
Screen planting in Residential and Commercial Districts shall be completed in accordance with § 27-1405 of this Part.
F.
The external design of the building shall be in conformity with the
buildings in the district.
31.
Solar Collectors and Solar-Related Equipment.
A.
Solar collectors and solar-related equipment shall be permitted in
any district as an appurtenance to a building or as a detached accessory
structure.
B.
When a solar energy collection system is installed on a lot, accessory
structures or vegetation on an abutting lot shall not be located so
as to block the solar collector's access to solar energy. The portion
of the solar collector that is protected is that portion which:
C.
This subsection does not apply to accessory structures or vegetation
existing on an abutting lot at the time of installation of the solar
energy collection system, or on the effective date of this Part, whichever
is later. This subsection controls any accessory structure erected
on, or vegetation planted in, abutting lots after the installation
of the solar energy collection system.
D.
A statement that a solar energy collection system is to be installed
on a lot shall be filed with the Borough Zoning Officer on the date
the zoning permit for the solar system is issued, with the date of
installation being the date of recordation. The solar facility must
be completed and the Zoning Officer notified of completion, within
one calendar year from the date of permit issuance.
32.
Solid Waste Storage Facilities. All multifamily, commercial and manufacturing
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 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 feet by eight feet in size or of other
dimensions providing an approved equal space.
33.
Swimming Pools. Swimming pools shall be a permitted accessory use
in any district 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 10 feet to any property line,
nor shall it be nearer to any street line upon which the residence
abuts than the existing setback line of the residence, however, in
no case shall it be any closer than 20 feet from any street line.
C.
All permanent swimming pools now existing or hereafter constructed,
installed, established or maintained, shall be enclosed by a permanent
fence of durable material at least four feet in height but not more
than six feet in height, with the exception of atrium houses, and
shall be so constructed as not to have openings, mesh or gaps larger
than four square inches in any direction, and if a picket fence is
erected or maintained, the horizontal dimension shall not exceed four
inches. All gates used in conjunction with the fence shall meet the
same specifications as to the fence itself and shall be equipped with
approved locking devices and shall be locked at all times when the
swimming pool is not in use.
D.
A dwelling unit, excluding atrium dwellings, or an accessory building
may be used as part of such enclosure. However, height requirements
for a fence shall not apply to the building.
E.
The provisions regulating fencing shall not apply to pools having
sides extending four feet above grade, provided that the stairs, or
other means of access to the pool, are removed or locked in such a
position as to make it readily unaccessible when not in use.
F.
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.
G.
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 along street.
H.
Enclosed indoor pools must comply with applicable regulations pertaining
to accessory structures.
35.
Uses Not Provided For. Whenever in any district established under
this chapter, a use is neither specifically permitted nor denied and
an application is made by a property owner to the Zoning Officer for
such use, the Zoning Officer shall refer the application to the Zoning
Hearing Board which shall have the authority to permit or deny the
use. The use may be permitted if it is similar to and compatible with
permitted uses in the district and in no way is in conflict with the
general purpose and intent of this Part.
36.
Windmills, Windwheels, and Wind Energy Conversion Systems (WECS)
shall be permitted as a special exception in all districts subject
to the following conditions:
A.
The structure supporting the wind rotor unit, including any necessary
guideposts and supporting cables, shall be independent of any occupied
structure and located a minimum distance of the tower height plus
10 feet from any occupied dwelling, and shall not be more than 75
feet in height.
B.
The minimum distance between the tower and any property line shall
be not less than twice the height of the tower.
C.
The minimum distance between grade and the lowest point of the rotor
blade shall be 20 feet.
D.
All electric lines/utility wires shall be buried underground and
located on building permit application.
E.
Any mechanical equipment associated and necessary for operation,
including a building for batteries and storage cells, shall be enclosed
with a six-foot fence. The supporting structure shall also be enclosed
with a six-foot fence, unless the base of the tower is not climbable
for a distance of 12 feet.
F.
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 140 square feet in area nor
eight feet in height and must be located at the base of the supporting
structure.
G.
One windmill/windwheel/WECS shall be permitted per lot.
H.
The resultant energy harnessed from the wind shall not be used on
a lot other than on which located, unless all applicable cogeneration
requirements are met.
I.
The supporting structure and generating unit shall be kept in good
repair and sound condition. Upon abandonment of use, the supporting
structure and related structures shall be dismantled and removed from
the property within 60 days.
J.
The applicant shall demonstrate that any noise from the wind generating
unit shall not exceed 45 dB(A), measured at any property line.
(1)
A "decibel" (dB) shall mean a unit for measuring the relative
intensity of sounds. More specifically, a unit for expressing the
ratio of two amounts of acoustic signal power equal to 10 times the
common logarithm of this ratio.
(2)
"A" Weighted Sound Level shall mean the total sound level in
decibels of all sound as measured with a sound level meter with a
reference pressure of 20 micropascals using the "A" weighted network
(scale) at slow response. The unit of measurement shall be defined
as dB(A).
37.
Personal Care Home. Where permitted, a personal care home may be
established subject to the following:
A.
Lot area shall be determined on the basis of building size, yard
requirements, parking and access requirements and other applicable
standards, but in no case shall be less that 7,500 square feet plus
500 square feet for every resident over 10.
B.
No more than two persons shall reside in any room in a personal care
home.
C.
The minimum front and rear yard setback lines shall be no less than
25 feet and the minimum side yard setback lines shall be no less than
10 feet.
D.
A buffer yard/screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 27-1405 of this Part.
E.
Off-street parking shall be provided in accordance with Part 17 herein.
F.
The personal care home shall be constructed, licensed and operated
in accordance with applicable federal, state and local laws, rules
and regulations.
G.
All other applicable provisions of this Part.
38.
Adult-Oriented Business. Where permitted, a special exception shall
be approved for an adult-oriented business only if the following conditions
are met:
A.
The lot or property line of such business shall not be located within
500 feet of a residential district or within 200 feet of any dwelling.
B.
The lot or property line of such business shall not be located within
500 feet of the lot or property line of any religious structure, school,
day care facility, library or 200 feet from a public park.
C.
The lot or property line of such business shall not be located within
1,000 feet of another adult-oriented business.
D.
There shall be no display of adult-oriented materials that can be
seen from the exterior of the building.
E.
The Zoning Hearing Board shall review and approve all signs for compatibility
with adjacent uses.
F.
No adult-oriented business or activity may change to another type
of adult-oriented business or activity except upon application to
and approval by the Zoning Hearing Board of such change as a special
exception.
H.
No unlawful sexual activity or conduct shall be performed or permitted.
I.
No person under 18 years of age will be permitted to enter the business.
39.
Restaurants, tea rooms, cafes and other places serving food and beverages,
including alcoholic beverages, are allowed in the C-RN Commercial
District: Residential Neighborhood as a conditional use, subject to
the following restrictions, at a minimum:
[Added by Ord. No. 2018-1, 1/18/2018]
A.
The applicant for the conditional use shall demonstrate how it will
control noise, lighting, odor, trash, and parking, and shall provide
its hours of operation, to minimize the impact on the character of
the surrounding neighborhood, and shall also comply with § 1401.9.E.
40.
Short-Term Rental. Where permitted, a short-term rental may be established
subject to the following:
[Added by Ord. No. 2019-4, 11/21/2019; amended by Ord. No. 2022-3, 8/18/2022]
A.
Short-term rentals shall only be permitted in a single-family detached
dwelling.
B.
All dwellings to be used as short-term rentals shall be a minimum
of 25 feet from any other dwelling, measured from exterior wall to
exterior wall, including decks, patios, seating areas, game areas
and fire pits.
C.
Off-street parking shall be provided at the rate of two spaces for
the first bed and one space for each additional bed. All spaces must
be on the same lot as the dwelling unit and be constructed of bituminous,
brick, concrete or stone. At least 50% of all spaces must be uncovered,
and all new spaces must comply with Part 17 (Off-Street Parking Regulations)
herein.
D.
When a short-term rental property needs to provide additional parking
and the lot contains access to an alley, the additional parking shall
be located to the rear of the principal building and accessed from
the alley unless it is determined to be technically infeasible.
E.
The number of guests remaining overnight at the short-term rental
dwelling unit shall not exceed two per bed excluding children under
the age of three. No more than six individuals, including children
under the age of three, shall occupy the short-term rental at any
given time.
F.
The exterior of the short-term rental shall maintain a residential
appearance, and no exterior sign or display advertising the premises
as a short-term rental shall be permitted other than an address plaque
not to exceed one square foot in surface area.
G.
Special events and public functions, such as concerts, conferences,
weddings or banquets, are prohibited on the lot of the short-term
rental home.
H.
Only one contract for rent shall be permitted for the short-term
rental at any given time.
I.
The owner/operator must provide the name and twenty-four-hour contact
phone number of the person responsible for the security and maintenance
of the property to the Borough Zoning Officer. The contact phone number
must also be posted in a visible, but discreet, location on the property.
J.
Noise and disturbance must be comparable to typical residential uses.
When adjacent to another residential use, all rental contracts shall
notify guests that outdoor activities are not permitted between the
hours of 10:00 p.m. and 8:00 a.m.
K.
All contracts for lease of the short-term rental must include the
prohibition against the number of guest vehicles exceeding the number
of on-site parking spaces provided and prohibiting motor homes, recreational
vehicles, or vehicles with trailers.
L.
A plainly visible diagram or photograph of the premises shall be
provided to tenants indicating the number and location of designated
on-site parking spaces and the maximum number of vehicles allowed
by visitors of the short-term rental. The notice must include language
requiring the exclusive use of the provided off-street parking. The
notice must also identify trash day(s) and trash removal instructions.
M.
A minimum five-pound Type C fire extinguisher must be installed in
the cooking area of the short-term rental and ten-pound Type C fire
extinguisher must be installed in any attached garage. All fire extinguishers
must be inspected annually by a qualified third party and proof of
inspection provided to the Borough.
N.
Areas designated as available for sleeping shall contain a minimum
of 70 square feet for one person and 100 square feet for two people.
Smoke detectors and carbon monoxide detectors must be installed in
accordance with the current International Property Maintenance Code
adopted by the Borough.
O.
Prior to making the premises available for use as a short-term rental,
a short-term rental license must be obtained from the Borough and
renewed annually prior to January 1 of every year the premises is
available for use as a short-term rental for at least one night. The
application for the short-term rental license must be accompanied
by a license fee as adopted through resolution of the Borough Council.
P.
If the licensee is issued three notices of violations of the approval
criteria within a period of six months, its short-term rental license
will be administratively and automatically revoked for 60 days. Reinstatement
requests must be accompanied by a reinstatement fee as adopted through
resolution of the Borough Council.
Q.
The licensee must provide to the Borough with each renewal application
a certificate of insurance covering the short-term rental premises
and use thereof as a short-term rental in an amount not less than
$500,000.
41.
Mixed-Use Structure. Where permitted, a mixed-use structure may be
established subject to the following:
[Added by Ord. No. 2022-2, 6/16/2022]
A.
Any new dwelling unit will be wholly separate and distinct from the
commercial use.
B.
Any new entrances for dwelling units shall be located on the side
or in the rear of the building, with the exception that an interior
front entrance may be established if it is inaccessible from the commercial
space and all dwelling units are accessible via said entrance.
C.
No more than one dwelling unit may be established for every 500 square
feet of commercial floor area in the building in the Commercial District:
Residential Neighborhood.
42.
Cigar Shops and Lounges. Where permitted, a cigar shop and lounge
may be established subject to the following:
[Added by Ord. No. 2022-2, 6/16/2022]
A.
If the use is proposed in a mixed-use structure with dwelling units
on the second story, adequate ventilation must be installed to ensure
no smoke or cigar odor enters any dwelling unit.
B.
All zoning use permit applications must be accompanied by such licenses
necessary for the retail sale of cigars products in Pennsylvania.
A zoning use permit may not be issued before all required licenses
are obtained and evidence of good standing is provided to the Borough.
C.
Temporary advertising and poster signs may only be located inside
the retail space and are not permitted to be located on outward facing
windows.
D.
No PA Skills or similar skill gaming machines shall be permitted
in any store.
E.
There shall be no dedicated outdoor smoking areas that include public
sidewalks.
F.
A cigar shop and lounge shall not be a smoke shop and tobacco store
and may not dedicate more than 5% of the retail area to tobacco products
wrapped in paper or other packaging that does not independently contain
tobacco, commonly known as "cigarettes," "vape products," "electronic
cigarettes," and mechanical devices from which to smoke tobacco derivatives
and vape products, defined as the products sold by smoke shops and
tobacco stores.
43.
Smoke Shops and Tobacco Stores. Where permitted, a smoke shop and
tobacco store may be established subject to the following:
[Added by Ord. No. 2022-2, 6/16/2022]
A.
Retail space in which customers are permitted shall not exceed 1,000
square feet in floor area.
B.
May not be located less than 500 feet from a public or private school,
day-care center, public park, church, medical office, or within 1,000
feet of another smoke shop and tobacco store (measured from property
line to property line).
C.
No minors shall be permitted to enter the premises unless accompanied
by a parent or legal guardian, and no minors shall be employed at
the premises. In addition, there shall be clear signage stating that
no minors shall enter without being accompanied by a parent or legal
guardian.
D.
No smoking shall be permitted on the premises.
E.
Tobacco products or tobacco paraphernalia shall not be presented
for sale on or in a self-service display. All product must remain
in locked cabinets with a clearly visible sign identifying the cabinets
as locked within five feet thereof.
F.
All zoning use permit applications must be accompanied by such licenses
necessary for the retail sale of cigarettes and tobacco products in
Pennsylvania. A zoning use permit may not be issued before all required
licenses are obtained and evidence of good standing is provided to
the Borough.
G.
Ancillary sale of cigarettes, vape products, electronic cigarettes,
and mechanical devices from which to smoke tobacco derivatives and
vape products in convenience and grocery stores will not be regulated
by this section if no more than 5% of retail floor area is dedicated
to such items.
H.
Temporary advertising and poster signs may only be located inside
the store and shall not be placed on outward facing windows.
I.
Business identification signs shall be wall-mounted only, limited to two total and only one per building side. No single wall-mounted sign shall exceed 12 square feet. Sign size for this use may not be increased using any other regulation in this Chapter 27.
J.
No PA Skills or similar gaming machines shall be permitted in any
store.
K.
A smoke shop and tobacco store use shall not be considered for the
purposes of this chapter to be a cigar shop and lounge use.
[Ord. 88-7, 5/12/1988]
1.
The height of a building may exceed the maximum permitted height
by one foot for each additional foot by which the width of front,
rear, and side yards exceeds the minimum yard regulation for the district
in which the building is located. Total height shall not exceed the
maximum permitted height by more than 15%.
2.
For all residential uses, accessory buildings shall not exceed 15
feet in height.
3.
Height regulations shall not apply to spires, belfries, cupolas,
or domes not used for human occupancy; nor to chimneys, ventilators,
skylights, water tanks, utility poles or towers, solar collectors,
and ornamental or necessary appurtenances.
[Ord. 88-7, 5/12/1988]
1.
Unless the regulations of the district in which they are located
require greater lot areas or lot widths, the following regulations
shall apply:
A.
On a lot held in single and separate ownership from adjacent land,
which does not fulfill the regulations for the minimum area and yard
dimensions for the district in which it is located, a building may
be erected, altered, and used thereon providing the yard space is
not less than the minimum specified herein, and further that the proposed
public sanitary sewer system and water system is approved by the Pennsylvania
Department of Environmental Resources.
B.
The area, width, and depth of lots shall provide adequate open space
for off-street loading, unloading, and/or parking space.
[Ord. 88-7, 5/12/1988]
1.
Where the street or streets upon which the lot abuts are less than
50 feet in width, the front yard depth and the width of the side yard
abutting the street shall be measured from a line parallel to 25 feet
from the center line of the street.
3.
Side Yards.
A.
On corner lots, the side yard abutting the street shall have a width
equal to the depth of the front yard required in the district and
shall be subject to all front yard requirements of this chapter.
B.
On a lot held in single and separate ownership from adjacent land
at the effective date of this chapter with a lot width less than required
for the Zoning District, only one single-family detached dwelling
may be erected, and side yards shall be provided in accordance with
the following requirements:
(1)
On interior lots with a width of 50 feet or more, two side yards
shall be provided as required by the district regulations.
(2)
On corner lots with a width of 50 feet or more, two side yards
shall be provided. The exterior side yard may be reduced by the number
of feet by which the lot width is less than the district requires,
but may not be reduced to less than that required for the interior
side yard. The interior side yard shall be provided as required by
the district regulations.
(3)
On lots less than 50 feet but not less than 27 feet in width,
two side yards shall be provided, each equaling 20% of the lot width.
(4)
On lots less than 27 feet but not less than 20 feet in width,
the building shall be 16 feet in width and only one side yard shall
be provided, equaling in width the difference between the lot width
and 16 feet. One side wall of the building shall be constructed abutting
the lot line without openings but shall not be constructed as a party
wall.
(5)
On lots less than 20 feet in width, a building shall be constructed
the full width of the lot. Side walls abutting the lot lines shall
have no openings and shall not be constructed as party walls. For
such dwellings constructed to a depth of more than two rooms, a court
not less than six feet in width shall be provided, abutting the side
wall for all rooms beyond the second room.
C.
On a lot, in a commercial or industrial district, held in single and separate ownership from adjacent land at the effective date of this chapter, with a lot width less than that required for the zoning district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance based on the same criteria as listed under Subsection 2B above for residential structures.
D.
Any accessory building may be erected within one of the side yards
or within the rear yard provided:
(1)
Such accessory building shall be not less than 10 feet farther
back than the rear-most portion of the main building.
(2)
Where such side or rear yard is along an alley the accessory
building shall be located not less than five feet from the alley with
the exception of private garages which shall be located no less than
20 feet.
(3)
Where such side or rear yard is adjacent to another lot, the
accessory building shall be not less than three feet from any lot
line.
(4)
On a corner lot in any Residential District, an accessory building
shall not be erected within the required building setback line of
the exterior side lot line (street line). Provided, however, that
when the main buildings exist on both the corner lot and the lot abutting
the rear of the corner lot, an accessory building may be erected at
the average distance from the street line, established by the existing
main buildings.
E.
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 the carport shall be not less than
five feet from the side lot line.
4.
Interior Yards (open space between structures);
A.
When front to front, rear to rear, or front to rear, parallel structures
shall have 50 feet between faces for one story in height, plus five
feet for each additional story. If the front or rear faces are obliquely
aligned, the above distances may be decreased by as much as 10 feet
at one end if increased by similar or greater distances at the other
end. Where service drives or bank grade changes or collector walks
are introduced in this space, the distance between structures shall
be at least 50 feet.
B.
End to end, a distance of 25 feet between structures for a one story
structure plus five additional feet for each story in excess of one.
C.
End to front, or end to rear, a distance of 30 feet between structures
for each one story structure plus five feet additional for each story
in excess of one.
D.
When adjacent structures differ in the number of stories, the required
distance between structures shall be calculated on the taller of the
structures.
[Ord. 88-7, 5/12/1988]
1.
Buffer Yards.
A.
Where a commercial or industrial use adjoins a residential district
and where a multi-family use 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.
B.
If a front yard is provided, the buffer yard may coincide with the
front yard.
C.
All buffer yard areas shall be planted and maintained with a vegetative
material, and where required for multi-family, 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.
D.
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.
E.
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°.
F.
No parking shall be permitted in buffer yards.
G.
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 arrangements of all of the buffer yards
and the placement, species, and size of all plant materials to be
placed in such buffer yard. Said plan must be reviewed by the Planning
Commission and approved by the Zoning Officer before a building permit
may be issued.
2.
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:
A.
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;
B.
The screen planting shall be maintained permanently and any plant
material which does not live shall be replaced within one year;
C.
The screen planting shall be so placed that at maturity it will be
not closer than three feet from any ultimate right-of-way or property
line;
D.
A clear sight triangle shall be maintained at all street intersections
and at all points where vehicular accessways intersect public streets;
E.
The screen planting shall be broken only at points of vehicular or
pedestrian access;
G.
Screen plantings shall be provided between the property line and
any off-street parking area and any outdoor solid waste storage area
for any off-street parking area and any outdoor solid waste storage
area for any multi-family, townhouse, commercial or manufacturing
use where the parking or solid waste area abuts a residential zoning
district or a lot occupied by a residential use.
[Ord. 88-7, 5/12/1988]
1.
Solar collectors unenclosed ground-story terraces, patios and porches
may project into any required yard not more than 1/2 its required
dimension and not more than 10 feet in any case. Chimneys, flues,
columns, sills and ornamental architectural features may project not
more than two feet into a required yard.
[Ord. 88-7, 5/12/1988]
1.
Walls, fences, signs or other structures shall not be erected or
altered, and hedges, trees or other growth shall not be planted or
maintained, which may cause danger to traffic on a street or road
by obstructing the view.
2.
A clear sight triangle of 25 feet, measured along the street lines
of intersecting streets, shall be maintained within which such structures
or planting shall be limited to a height of not more than three feet
or less than 10 feet above the street grade, excepting the trunks
of street trees or other ornamental trees whose foliage is kept trimmed
to a height of 10 feet above the street grade.
[Ord. 88-7, 5/12/1988]
1.
Fences and walls may be erected, altered and maintained in all districts
subject to the following:
[Amended by Ord. No. 2022-2, 6/16/2022]
A.
No fence or wall shall be erected, lengthened, altered or relocated
before a zoning permit has been obtained from the Zoning Officer.
B.
Fences and walls in the side or rear yard shall not exceed eight
feet in height, and any portion of a wall exceeding six feet shall
contain openings therein equal to 50% of the area exceeding six feet
in height.
C.
Fences and walls located in the front yard between the principal
building and the street/alley shall comply with the following:
(1)
Shall not exceed four feet in height.
(2)
Shall be of an open type of fence, such as picket, metal post,
wrought iron or split rail.
(3)
Shall not be constructed of chain-link material, chicken wire
and/or a pattern similar to that of chain-link.
(4)
Shall contain openings therein equal to 50% of the fence area.
(5)
Any wall in a front yard of a property and parallel to the street
shall be a special exception, permitted only if the design is compatible
with the character of the area. Retaining walls required to hold back
raised yard areas shall be exempt from this requirement. Any retaining
wall four feet or higher will require a building permit.
D.
Except for security purposes of an industrial use, no barbed wire
shall be used as part of the fencing.
E.
All fences and walls shall be constructed and maintained using consistent
materials.
F.
All fences and walls shall be maintained in a sturdy and well-maintained
manner. Fences and walls that overturn, collapse, fall, deteriorate
or become loose or rotted, whether in whole or in part, shall be replaced,
repaired, or removed within 60 days.
G.
Construction of any wall in any yard using cinderblock, split-face
block, gabion baskets or poured concrete shall be prohibited. Walls
made of landscaping block shall only be permitted when constructed
using decorative cap block on top of the wall and decorative edge
block on all unfinished edges.
2.
All yards used for the storage of any material needed for the operation
or conduct of a manufacturing or commercial enterprise shall be enclosed
by a solid wall, uniformly painted board fence, chain link fence in
conjunction with a screen planting or screen planting on all sides
which face upon a street or face upon a lot in any district other
than the Industrial Light and Commercial-Warehousing Zoning Districts.
[Ord. 88-7, 5/12/1988]
Courts shall conform to the following requirements:
1.
An open space in the form of an inner court or outer court shall
be provided in connection with any building in any residential or
commercial district wherever any room therein in which a person or
persons live, work, sleep or congregate cannot be adequately lighted
and ventilated from the street or yard. Such court shall be adjacent
to such room, the windows of which shall open onto such court (This
section shall not apply to specialized commercial and/or manufacturing
processes where controlled light and/or ventilation are required).
2.
Outer Court.
A.
The width of any outer court upon which windows open from a living room, bedroom or dining room shall be not less than the height of any wall opposite such windows, except as provided in Part 14 § 27-1404, Subsection 3B(5). However, when the depth of such court is less than six feet, the minimum width may be as little as twice the depth.
B.
The depth of an outer court formed by walls on three sides shall
be not greater than 1 1/2 times the width.
3.
Inner Court.
A.
The least dimension of an inner court shall be not less than the
full height of the walls enclosing such court, but not less than 50
feet for apartment buildings and not less than 10 feet for two-family
dwellings.
B.
An open and unobstructed passageway shall be provided for each inner
court. Such passageway shall have sufficient cross-section area and
headroom for the passage of fire-fighting equipment and shall be continuous
from the inner court to a yard or an unobstructed open area with adequate
access to a street.
[Ord. 88-7, 5/12/1988]
The minimum habitable floor area of a dwelling unit hereafter
erected shall be 650 square feet. In the case of buildings holding
or containing two or more dwelling units, the minimum habitable floor
area shall be not less than 400 square feet per dwelling unit, except
those dwelling units designed for and occupied exclusively by one
person, which dwelling units shall each contain not less than 250
square feet of habitable floor area.
[Ord. 88-7, 5/12/1988]
1.
The illumination of any sign shall be arranged in such a manner that
the light shall be shielded from any residential building nor fall
within the right-of-way of any street or highway.
2.
Outside lights must consist of a light source and reflector so that
acting together, the light beam is controlled and not directed across
any property lines.
[Ord. 88-7, 5/12/1988]
All uses of land, buildings and structures or industrial processes
shall be prohibited that may be noxious or injurious by reason of
the production and/or emission of dust, smoke, refuse matter, odor,
gas fumes, noise, vibration or similar substances or condition.
[Ord. 88-7, 5/12/1988]
1.
Prior to obtaining a permit for any construction or earthmoving activities
the applicant must submit an Erosion and Sedimentation Control Plan
and Storm Water Management Plan for approval by Borough Council and
the Borough Engineer.
2.
Such plans shall be in conformance with those standards set forth in Chapter 22 of the Hummelstown Borough Code of Ordinances, and any other applicable state, county and Borough regulations, particularly the Pennsylvania Storm Water Management Act of October 4, 1978, as amended, approved by the General Assembly on May 14, 1985.
[Ord. 88-7, 5/12/1988]
The application for a permit for any and all uses shall be accompanied
by a site plan showing building location, service and parking areas
and access to highways. Where a driveway or access road gives access
to a state road or highway, approval by the Pennsylvania Department
of Transportation shall be required.
[Ord. 88-7, 5/12/1988]
The area, width, or depth of any lot shall not be reduced by
subdivision, sale, or development so that the lot width, lot area,
lot area per dwelling unit, courts and yards, or other spaces are
smaller, or so that the coverage is greater than prescribed herein.
[Ord. 88-7, 5/12/1988; as added by Ord. 2004-2, 2/26/2004,
§ 3]
1.
Purposes. In addition to serving the overall purposes of this Part,
this section is intended to:
A.
Promote the retention of community character through preservation
of the local heritage by recognition and protection of historic and
architectural resources.
B.
Establish a clear process to review applications for demolition of
designated historic buildings.
C.
Encourage continued use, appropriate rehabilitation and adaptive
reuse of historic buildings.
D.
Implement §§ 603(b)5, 603(g)2, 604(1) and 605(2) of
the Pennsylvania Municipalities Planning Code which address protecting
and facilitating the preservation of historic values through zoning
and using zoning to regulate uses and structures at or near places
having unique historic, architectural or patriotic interest or value.
E.
Strengthen the local economy by promoting heritage tourism, improving
property values and increasing investment in older buildings.
2.
Applicability.
A.
This section shall apply to any principal building within the Historic
Overlay District as shown on the Zoning Map. This section shall not
apply to a building or building addition that was built after 1945.
The applicant shall provide evidence to the Zoning Officer that a
building was built after 1945.
(1)
In addition, the following accessory buildings located at the
following street addresses are also regulated by this section:
|
Smoke House
|
113 East Main Street
| |
|
Smoke House
|
40 East Main Street
| |
|
Summer Kitchen
|
306 West Main Street
| |
|
Summer Kitchen
|
110 East Main Street
| |
|
Summer Kitchen
|
120 South Hanover Street
| |
|
Outhouse
|
115 South Hanover Street
| |
|
Outhouse
|
530 Walton Avenue
| |
|
Barn
|
13 East Main Street
| |
|
Barn
|
232 West Main Street
| |
|
Barn
|
144 East High Street
| |
|
Barn
|
222 East Main Street
| |
|
Pavilion
|
Cemetery on South Railroad Street
| |
|
Pavilion
|
530 Walton Avenue
|
B.
All of the provisions of the applicable underlying Zoning District
shall also continue to apply for any building within the Historic
Demolition Overlay District. If any discrepancy or conflict exists
between any regulations contained within this section and the regulations
of the underlying Zoning District, that regulation which imposes the
greater restriction upon development, demolition and use shall apply.
C.
Unless specifically stated otherwise on the Zoning Map the Historic
Overlay District shall apply to lots that abut each side of a public
street that is within the Overlay District.
3.
General Provisions.
A.
Any partial or complete demolition of a building regulated by this
section that is visible from a public street shall only occur in compliance
with this section.
B.
The Historic Overlay District on the Zoning Map may be revised by
Borough Council as a Zoning Ordinance Amendment.
C.
DEMOLITION
DEMOLITION BY NEGLECT
MAINTENANCE AND REPAIR
STEETSCAPE
Definitions. In addition to the definitions provided in § 27-202, the following terms shall have the following meanings for the purposes of this section:
The dismantling, tearing down, removal or razing of the exterior
of a building, in whole or in part. This term shall not include changes
to the interior of a building, provided such changes do not alter
the structural integrity of the building.
The absence of routine maintenance and repair which leads
to structural weakness, decay and deterioration in a building to a
point that causes a need for major repair or may cause a need for
demolition.
Work that does not alter the appearance or harm the stability
of exterior features of a building.
The overall appearance of a block along a public street,
including yards visible from a public street, the relationship of
building setbacks, the consistency of architectural styles or features,
the spacing and shapes of windows and doors and roof lines and similar
features that give the block its distinctive visual character.
4.
Review of Applications for Demolition.
A.
A building regulated by this section shall not be demolished, in
whole or in part, unless the application is approved as a conditional
use and the applicant provides credible evidence that one or more
of the following conditions exist:
(1)
The existing building cannot feasibly and reasonably be reused,
and that such situation is not the result of intentional neglect or
demolition by neglect by the owner.
(2)
The denial of the demolition would result in unreasonable economic
hardship to the owner, and the hardship was not self-created.
(3)
The demolition is necessary to allow a project to occur that
will have substantial, special and unusual public benefit that would
greatly outweigh the loss of the building, and the project needs to
occur at this location. For example, a demolition may be needed for
a necessary expansion of an existing public building or to allow a
street improvement that is necessary to alleviate a public safety
hazard.
(4)
The existing building has no historical or architectural significance
and the demolition will not adversely impact upon the streetscape.
To meet this condition, the applicant may present information concerning
the proposed design of any replacement building or use to show that
the proposed building or use will result in a net improvement to the
streetscape.
B.
The standards and criteria of this section shall apply in place of
any general conditional use standards of this Part. In reviewing the
application, the Borough Council shall consider the following:
C.
An application for partial or complete demolition of a building regulated by this section shall not be approved unless all of the requirements of this section have been met. A partial demolition shall include, but not be limited to: removal of an attached porch roof, removal of porch columns and removal of exterior architectural features. See definition of "Demolition" in § 27-1416, Subsection 3C(1).
D.
A complete application for the demolition shall be submitted by the
applicant in writing. This application shall include the following:
(1)
The name, address and daytime telephone number of the owner
of record and the applicant for the demolition.
(2)
Recent exterior photographs of the building proposed for demolition.
If the applicant is alleging that the building cannot be reused or
rehabilitated, then interior photos and floor plans shall be provided
as needed to support the applicant's claims.
(3)
A site plan drawn to scale showing existing buildings and the
proposed demolition.
(4)
A written statement of the reasons for the demolition.
(5)
The proposed use of the site, and a proposed time line for development
of that proposed use.
E.
Procedures. The demolition application shall be submitted to the
Zoning Officer for consideration by Borough Council as a conditional
use. The Zoning Officer shall notify applicant of all conditional
use public hearing dates where the application is to be discussed
and considered.
F.
Evidence. The applicant shall provide sufficient credible evidence
to justify any claims that a building cannot feasibly be repaired
or reused. The following types of expert testimony and documentation
are encouraged to be provided: a property appraisal, income and expense
statements for the property, a written estimate of the costs of rehabilitation
by a qualified contractor, a written report from a professional engineer
regarding the structural soundness of the building, testimony concerning
efforts to market the property over time, information regarding the
applicant's purchase price of the building, and similar relevant information.
G.
Self-Created Conditions. The conditions that justify the proposed
demolition of a building regulated by this section shall not have
been self-created by the applicant. These conditions include, but
are not limited to:
H.
The Zoning Officer may require that any unoccupied building shall
be properly sealed and secured to prevent decay from the elements
and vandalism.
I.
Emergency. The Zoning Officer may issue a permit for the demolition
without compliance with this section if the Building Inspector certifies
in writing that the building presents a clear and immediate hazard
to public safety, and that no other reasonable alternatives exist
to demolition.
J.
Approval under this section shall not be needed for the relocation
of a building within the Borough, provided that the relocation does
not result in a partial or complete demolition that is regulated by
this section.
5.
Demolition by Neglect.
A.
Every property owner of a building regulated by this section shall
repair and maintain the building to avoid demolition by neglect.
B.
Every property owner of a building regulated by this section shall
properly repair and maintain the building to maintain the structural
integrity of the building and to protect the building and attached
features from damage from the elements. The attached features that
shall be protected, repaired and maintained include the roof, chimney,
cornice, soffit, fascia, spouting, columns, beams, posts window sills,
door sills and lintels.
C.
If a property owner fails to comply with an order from the Building Inspector to repair a building regulated by this section to correct a code violation that threatens the structural integrity of a building, such matter shall be considered a violation of this § 27-1416, Subsection 4G, and the property owner may also be cited for a violation of this Part.
6.
Advisory Guidelines. The following advisory guidelines should be
considered in the design of new construction, additions and exterior
alterations in a block with historic buildings. Some of these features
maybe required by other sections of this Part in specific cases.
A.
Vehicle parking and any garage doors should be placed to the rear
of buildings as opposed to between buildings and the street. Where
rear parking is not practical, then parking should be provided to
the side of a building. Where a driveway needs to enter from the front,
the garage should be setback farther from the street than the house,
and the driveway should be as narrow as practical through the front
yard.
B.
New construction should have a front yard setback that is similar
to adjacent older buildings.
C.
Modern additions and features should be placed towards the rear of
the property and not be visible from the street.
D.
New construction should have roof lines that are similar to adjacent
older buildings. Flat roofs should be avoided. When a pitched roof
is not practical, then the roof should at least appear to have angles
and a pitch when viewed from the street.
E.
On sides visible from a street, new construction should use building
materials that are similar in appearance to older buildings, including
brick and stone. Modern building materials are available that have
a historic appearance, such as artificial stone.
F.
Where existing older buildings have a certain horizontal or vertical
orientation, that orientation should be continued in new construction.
Where existing older buildings have a certain spacing of windows and
doors, similar spacing (and similar sizes of windows and doors) should
be continued in a new construction. Blank walls without door and window
openings should be avoided along a street.
[Added by Ord. No. 2019-3, 8/15/2019]
1.
Purpose. The purpose of this section is to establish a process and
standards for the establishment, construction, and operations of medical
marijuana facilities, pursuant to the Pennsylvania "Medical Marijuana
Act" (PA Act 16, 2016)[1] to allow for the integration of an allowed industry while
providing for the protection of the public's health, safety, morals,
and general welfare.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
3.
Definitions.
A.
ACADEMIC CLINICAL RESEARCH CENTER
CAREGIVER
CERTIFIED MEDICAL USE
CLINICAL REGISTRANT
(1)
(2)
DISPENSARY
FORM OF MEDICAL MARIJUANA
GROWER/PROCESSOR
IDENTIFICATION CARD
MEDICAL MARIJUANA
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
REGISTRY
In addition to the definitions provided in Chapter 27, Zoning, Part 2, Definitions, § 27-202, the following definitions will be incorporated into Chapter 27, Zoning, Part 14, General Provisions § 27-1417.
An accredited medical school within this Commonwealth that
operates or partners with an acute care hospital licensed within this
Commonwealth.
The individual designated by a patient to deliver medical
marijuana.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the Commonwealth.
An entity that:
Holds a permit both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the Commonwealth
to dispense medical marijuana.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
A document issued by the DOH that permits access to medical
marijuana.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.[2]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
A dispensary or a grower/processor of marijuana for medical
purposes.
The registry established by the DOH for all medical marijuana
organizations and practitioners.
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
4.
Use Regulations. The following performance standards will be incorporated into Chapter 27, Zoning, Part 14, General Provisions § 27-1417.
A.
Academic Clinical Research Centers.
(1)
Parking requirements will follow the parking schedule found in Chapter 27, Zoning Part 17, Off-Street Parking § 27-1702, Subsection 16, Off-Street Parking Regulations and/or as listed for industrial uses, manufacturing or assembly plants, warehousing, laboratories, salvage yards and wholesale trade establishments.
(2)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(3)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where an academic clinical research
center adjoins a residential use or district.
B.
Medical Marijuana Grower/Processor.
(1)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(2)
The floor area of a medical marijuana grower/processor shall
include sufficient space for production, secure storage of marijuana
seed, related finished product cultivation, and marijuana related
materials and equipment used in production and cultivation or for
required laboratory testing.
(3)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(4)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with the DOH Policy and shall not be placed
within any unsecure exterior refuse containers.
(5)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(6)
Grower/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(7)
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(9)
A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district. Said buffer yard to be constructed in accordance with § 27-1405 herein.
(10)
Entrances and driveways to a medical marijuana grower/processor
must be designed to accommodate the anticipated vehicles used to service
the facility.
(11)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
C.
Medical Marijuana Transport Vehicle Service.
(1)
A traffic impact study is required where the office is operated.
(3)
All external lighting serving a medical marijuana transport
vehicle service must be shielded in such a manner to not allow light
to be emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a residential use or district.
(5)
Entrances and driveways to a medical marijuana transport vehicle
service must be designed to accommodate the anticipated vehicles used
to enter and exit the premises.
(6)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana transport vehicle service facility,
the facility must be secured to the same level as a medical marijuana
grower/producer and dispensary.
(7)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
D.
Medical Marijuana Dispensary.
(1)
A medical marijuana dispensary must be legally registered in
the Commonwealth and possess a current valid medical marijuana permit
from the DOH.
(2)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(3)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(4)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
(5)
Permitted hours of operation of a dispensary shall be 8:00 a.m.
to 8:00 p.m. of the same calendar day.
(6)
A medical marijuana dispensary shall include adequate space
for secure storage of product, and shall have an interior customer
waiting area equal to a minimum of 25% of the gross floor area.
(8)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(9)
A medical marijuana dispensary may not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of municipality
in which it is located.
(10)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest medical marijuana facility. This
does not include complementing or supporting businesses covered by
different definitions. This distance shall be measured in a straight
line from the closest exterior walls of the buildings or portions
thereof in which the businesses are conducted or proposed to be conducted,
regardless of municipality in which it is located. This separation
distance does not apply to the distance between the grower/processor
or academic clinical research centers and the specific dispensary
they serve, or with which they partner.
(11)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
(12)
All external lighting serving a medical marijuana dispensary
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(14)
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district.
(15)
Entrances and driveways to a medical marijuana dispensary must
be designed to accommodate the anticipated vehicles used to service
the facility.
(16)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
5.
Administration and Enforcement.
A.
Building and Zoning Permits/Approvals.
(1)
Applications for approval must comply with all sections of this Chapter 27 (Zoning) and all other applicable codes of the Borough of Hummelstown.
(2)
Zoning approval shall be required prior to obtaining a building
permit for the construction or erection of a building; the alteration
of a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
(3)
The Borough zoning permit application must be completed.
(4)
Permit fees shall be as stipulated in the fee schedule adopted
by resolution of the Borough of Hummelstown Borough Council in effect
at the time of application.
(5)
Permits may be denied if the applicant, in the reasonable opinion
of the Borough of Hummelstown, is failing to comply with any state
or local law or regulation.
(6)
In the case of new construction, meeting the Pennsylvania Municipalities
Planning Code definition of a land development plan application is
required to be submitted and an approval secured, prior to establishment
of the use.
(7)
If the application is to change the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
(8)
A medical marijuana grower/processor must be legally registered
in the Commonwealth and possess a current valid medical marijuana
permit from the Department of Health.
6.
Severability. If any section, subsection, sentence, clause or phrase
or portion of this document is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision and such holding shall not affect
the validity of the remaining portion thereof.
7.
Penalties. Any owner, operator, or other person who violates or permits
a violation of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding before a Magisterial District Judge,
pay to Borough of Hummelstown a fine of not more than $500, plus all
court costs, including but not limited to reasonable attorney's fees
incurred by the Borough of Hummelstown on account of such violation.
No penalty or cost shall be imposed until the date the determination
of the violation by the Magisterial District Judge becomes final.
If the defendant neither pays nor timely appeals the judgment, the
Borough of Hummelstown may enforce the judgment as provided by law.
Each day a violation exists after final judgment shall constitute
a separate offense. The amount of the fine imposed shall be multiplied
by the number of such days and may be charged and collected by the
Borough of Hummelstown without further judicial proceedings. Further,
the appropriate officers or agents of the Borough of Hummelstown are
hereby authorized, to issue a cease and desist notice and/or to seek
equitable relief, including injunction, to enforce compliance herewith.
No bond will be required if injunctive relief is sought by the Borough
of Hummelstown. A person who violates this section shall also be responsible
for the municipality's attorney's fees, engineering fees, expert fees
and court costs reasonably incurred by the Borough of Hummelstown
on account of such violation.
8.
When Effective. This section shall take effect upon execution by
the Mayor.
