[Amended 6-7-2021 by Ord. No. 4-21]
A. A map entitled "Mount Joy Borough Zoning Map" accompanies this chapter
and is declared a part of this chapter. The Official Zoning Map, which should bear the adoption
date of this chapter and the words "Official Zoning Map," shall be
retained in the Borough office.
B. Map changes. Changes to the boundaries and districts of the Official
Zoning Map shall only be made in conformity with the amendment procedures
specified in the MPC. All changes should be noted by date with a brief
description of the nature of the change, either on the map or within
an appendix to this chapter.
C. Replacement map. If the Official Zoning Map becomes damaged, destroyed,
lost or difficult to interpret because of changes and additions, or
needs to have drafting errors or omissions corrected, Borough Council
may, by resolution, adopt a new copy of the Official Zoning Map, which
shall supersede the prior Official Zoning Map. Unless the prior Official
Zoning Map has been lost or has been totally destroyed, the prior
map or any remaining parts shall be preserved, together with all available
records pertaining to its previous adoption or amendment.
The following rules shall apply where uncertainty exists as
to boundaries of any district as shown on the Zoning Map:
A. District boundary lines are intended to follow or be parallel to
the center line of street rights-of-way, streams and railroads, and
lot lines as they existed on a recorded deed or plan of record in
the County Recorder of Deeds office at the time of the adoption of
this chapter, unless such district boundary lines are fixed by dimensions
as shown on the Official Zoning Map.
B. Where a district boundary is not fixed by dimensions and where it
approximately follows lot lines, such boundary shall be construed
to follow such lot lines unless specifically shown otherwise.
C. The location of a district boundary on unsubdivided land or where
a district boundary divides a lot shall be determined by the use of
the scale appearing on the Zoning Map unless indicated otherwise by
dimensions.
D. Where a municipal boundary divides a lot, the minimum lot area shall
be regulated by the municipality in which the principal use(s) are
located, unless otherwise provided by applicable case law. The land
area within each municipality shall be regulated by the use regulations
and other applicable regulations of each municipality.
The following requirements shall apply within the CI Campus
Industrial District:
A. Dimensional requirements.
(1) Minimum lot area: two acres, except that a minimum lot area of one acre shall be permitted if the requirements of Subsection
F below are met.
(2) Setbacks. The following minimum setbacks shall apply:
(a)
Front yard: 40 feet, except 60 feet adjacent to an arterial
street.
(b)
For each of two side yards: 20 feet, except 50 feet for a side
yard contiguous to an existing or approved residential lot.
(c)
Rear yard: 20 feet, except 50 feet if contiguous to an existing
or approved residential lot.
(3) Lot coverage. A maximum of 50% of the lot area of each lot shall
be covered by buildings. A maximum total of 65% of the lot area of
each lot shall be covered by buildings and other impervious surfaces.
(a)
The maximum impervious coverage within a subdivision or land
development shall be increased to 80% if the applicant proves, to
the satisfaction of the Zoning Officer, based upon the review of the
Borough Engineer, that a subdivision or land development will include
substantial stormwater management improvements that will substantially
reduce existing stormwater management problems on properties that
are not owned or controlled by the applicant. The applicant shall
have the burden to prove that:
[1]
Such improvements would be effective;
[2]
There would be an appropriate system to ensure the long-term
maintenance of the system; and
[3]
The improvements would substantially exceed the improvements
that would otherwise be required under Borough, county and state requirements.
(b)
If a lot contains a shared detention basin serving an entire
subdivision, the lot area of the lot with the basin may be considered
together with adjacent lots to determine the maximum impervious coverage.
In such case, the maximum impervious coverage regulation (as stated
above) shall be a maximum average of the adjacent lots, instead of
a maximum for each lot.
[1]
In such case, deed restrictions or other legal mechanisms acceptable
to the Borough shall be used to regulate the maximum impervious coverage
of each lot so that the average maximum impervious coverage is met.
[2]
For example, by deed restrictions, two lots of two acres each
might each have a maximum impervious coverage of 75%, while a one-acre
lot with a shared detention basin might have a maximum impervious
coverage of 25%, resulting in an average impervious coverage of 65%.
(4) Height. A maximum height of 40 feet or 3.5 stories, whichever is
more restrictive, shall apply. However, for portions of a building
that are a minimum of 100 feet from an existing or approved residential
lot, as a special exception, a maximum height of 65 feet or five stories,
whichever is more restrictive, may be approved. The special exception
decision shall be based upon fire-protection issues. Customary extensions
of a building that are not occupied by persons may exceed this height
limit, such as elevator equipment, skylights, water towers, chimneys,
smokestacks and similar features.
(5) Lot width. The minimum lot width measured at the minimum building
setback line shall be 100 feet, except such minimum lot width shall
be increased to 300 feet if a lot approved after the effective date
of this chapter will involve one or more vehicle driveways involving
left-hand turns from the lot onto Main Street/State Route 230. If
vehicle access from a lot to Main Street/State Route 230 is shared
with an adjacent lot, or first enters onto another street, then the
one-hundred-foot minimum lot width shall apply instead of the three-hundred-foot
minimum.
B. Landscaping and screening.
(2) Planting strips shall be provided adjacent to each public street.
The planting strip shall have a minimum width of 40 feet adjacent
to the curbline of an arterial street and 15 feet adjacent to the
curbline of any other street. If curbing is not provided, then such
width shall be measured from the street right-of-way line. A sidewalk
of approved width and approximately perpendicular driveways of approved
width may be placed within this planting strip. The planting strip
shall be maintained in trees, shrubs and an attractive vegetative
ground cover.
(3) As part of each new principal building permit application, a landscaping plan shall be submitted to the Borough. See §§
270-113 and
270-114. A minimum of 15% of each lot shall be landscaped, which shall include grass or other vegetative ground cover and an appropriate distribution of trees and shrubs.
C. Utilities. Each principal use shall be served by public water and
public sewage service. For a lot approved after the date of adoption
of this section, all new electric and telephone service lines within
the development shall be placed underground.
D. Traffic.
(1) The applicant for a subdivision involving the creation of three or
more lots in the CI District shall submit a traffic study prepared
by a qualified professional.
(a)
The study shall define an impact area, including intersections
that will be significantly affected by the proposed development. Such
impact area shall generally include areas within 1/2 mile of an entrance
to the development.
(b)
The study shall estimate the amount of trips expected to be
generated by the most likely eventual build-out of the development,
based upon the latest estimates published by the Institute of Transportation
Engineering.
(c)
Counts shall be conducted of twenty-four-hour and peak-hour
traffic volumes on streets and intersections that will serve and/or
be significantly affected by the development.
(d)
The expected traffic from the new development shall be assigned
to routes providing access towards the development.
(e)
The study shall consider overall increases in traffic, including
other proposed or approved developments in the vicinity.
(f)
The study shall forecast the twenty-four-hour and peak-hour
total traffic volumes on affected roads and intersections, including
access points into the development, and shall estimate the future
level of service of intersections. Levels of service shall be estimated
based upon standards of the Transportation Research Board.
(g)
The study shall describe the number of reportable and known
nonreportable accidents in the vicinity.
(h)
The applicant shall describe the type of transportation improvements
the applicant will commit to construct and/or fund. Such improvements
may be considered in the traffic analysis.
(i)
The study shall describe the improvements that are necessary
to provide an acceptable level of safety and efficiency on the affected
streets and intersections, such as intersection widening and/or traffic
control devices. The costs of such improvements shall be estimated.
The goal is to maintain a level of service of "C" or better. The study
shall estimate the percentage of the traffic along such street or
intersection that is generated by the proposed development.
E. Nuisances and hazards. An applicant for a new industrial use shall
provide a written description of methods that will be used to control
significant nuisances and hazards, including noise, dust, toxic hazards,
hazardous spill and leak hazards, explosion hazards, flammable hazards,
radiation hazards and similar nuisances and hazards.
F. One-acre lot incentives. The minimum lot area shall be reduced from
two acres to one acre if the applicant proves to the Zoning Officer,
based upon the advice of the Planning Commission, that all of the
following additional standards will be met:
(1) There is a coordinated system of vehicle access using an interior
road and/or driveways shared among lots, which holds the number of
driveways involving left-hand turns onto Main Street/Route 230 to
the absolute minimum.
(2) There is a coordinated system of stormwater management within a subdivision,
which utilizes a single detention basin to serve all existing and
future lots within the subdivision and which involves an appropriate
mechanism to fund the long-term maintenance of the stormwater facilities.
G. Pedestrian access and amenities.
(1) See the provisions of Chapter
240, Subdivision and Land Development, which require sidewalks along streets. Note: An applicant may apply for a modification under such chapter to allow an asphalt bicycle/walking trail in place of concrete sidewalks.
(2) It is the intent of this section that sidewalks or other suitable
pedestrian access be provided to connect new lots with the downtown
and residential areas to minimize reliance upon motor vehicles.
(3) Consideration should be given to providing pedestrian routes (such as crushed stone paths in areas that are not along Main Street) and outdoor lunch areas with picnic tables and trees within a subdivision for the use of employees of businesses within the subdivision. However, this Subsection
G(3) is not a chapter requirement. Such internal routes and outdoor areas do not necessarily need to be dedicated.
H. If a subdivision is proposed, then a unified sketch master plan shall
be submitted by the applicant. Such master plan shall demonstrate
that there will be full coordination of the following, considering
future full build-out of all land presently controlled by the applicant:
I. Principal anaerobic digester.
(1) Principal anaerobic digesters are permitted by conditional use in
the Campus Industrial District, subject to the following:
(a)
The minimum lot area shall be 10 acres.
(b)
A traffic impact study analysis shall be provided, showing the
following:
[1]
Existing traffic volume data for all roadways within 1,000 feet
which provide access to the site;
[2]
Anticipated traffic volumes for the area identified above, resulting
from the proposed use as well as background traffic growth;
[3]
Analysis of current and future levels of service for all intersections
identified above;
[4]
Physical analysis of all roadways identified above, including
cartway width, shoulder width, pavement condition, horizontal and
vertical curves, anticipated stormwater drainage characteristics,
and sight distances;
[5]
The traffic analysis shall be reviewed by the Borough Engineer.
(c)
The applicant shall submit a transportation study, detailing
the effect of the anaerobic digester system on local roadways, including
the effect of vehicle weight, congestion, and noise.
(d)
All uses shall provide sufficiently long stacking lanes into
the facility, so that vehicles waiting to be loaded/unloaded will
not back up onto public roads.
(2) Applicability. The applicant shall provide a detailed description
of the proposed use in each of the following topics and a complete
land development plan application shall be submitted to the Borough
once the conditional use application has been approved.
(a)
The nature of on-site activities and operations, the types of
material stored and use, the frequency and duration period of storage
of materials and the methods for use and disposal of materials. In
addition, the applicant shall furnish evidence that the use, handling,
and disposal of materials will be accomplished in manner that complies
with state and federal regulations.
(b)
The general scale of the operation in terms of its market area,
specific space and area requirements for each activity, the total
number of employees of each shift, and an overall needed site size.
(3) Design and installation.
(a)
The applicant shall address and document performance standards
for siting to minimize impacts on neighboring properties which shall
include considerations of odor, prevailing wind patterns, proximity
to nonindustrial properties, operational noise, and specific hours
of operation.
(b)
Anaerobic digester systems shall be designed and constructed
in compliance with the guidelines outlined in the publication "Manure
Management for Environmental Protections," Bureau of Water Quality
Management Publication, and any revisions, supplements, and successors
thereto, of DEP.
(c)
Anaerobic digester systems shall be designed and constructed
in compliance with applicable local, state and federal codes and regulations.
Evidence of all federal and state regulator agencies' approvals shall
be included with the application.
(d)
A certified professional, qualified to do such, shall furnish
and explain all details of construction, operation, maintenance and
necessary controls related to anaerobic digester systems.
(e)
The applicant shall provide either:
[1]
A letter from the Conservation District stating that the applicant's
anaerobic digester system design has been reviewed and approved by
the Conservation District and that all regulations and requirements
of the state manure management program have been satisfied; or
[2]
Submit a letter from the Conservation District stating that
no review is required under applicable ordinance; or
[3]
Submit evidence that such a letter has been requested and the
Conservation District has failed to respond.
(4) Height and setback requirements.
(a)
Except as otherwise provided for under the provisions of the
Pennsylvania Nutrient Management and Odor Management Act, no underground storage, in-ground storage, trench silo,
earthen bank, stacking area or aboveground storage facility related
to the anaerobic digester system shall be located within 200 feet
from any property line.
(b)
In addition, no buildings, structures, or facility shall be
located nearer than 300 feet to an existing residential building unless
the owner of such residence waives this restriction in writing to
the Borough.
(5) Decommissioning.
(a)
The applicant shall submit a plan for the removal of the manure
digestion facility when it becomes functionally obsolete or is no
longer in use. The anaerobic digester owner is required to notify
the Borough immediately upon cessation or abandonment of the operation.
The owner shall be responsible for the removal of the facility within
six months from the date the applicant ceases use of the facility
or the facility becomes obsolete. At the time of issuance of the permit
for the construction of the anaerobic digester facility, the owner
shall provide financial security in form and amount acceptable to
the Borough to secure the expense of dismantling and removing said
structure.