The regulations set forth by this article shall be minimum regulations
and shall apply uniformly to each class of land use or kind of structure,
except as provided herein.
[Amended 10-15-2019 by Ord. No. 278-08-2019]
A.
Unless otherwise indicated in Article IV, Use Regulations, the following requirements shall apply to accessory structures.
B.
Attached structures. An accessory structure, attached to the principal
building, is considered a part of the principal building for all regulatory
purposes.
C.
Detached structures. A detached structure, standing apart from the principal structure, may be built or placed in a side yard or rear yard, provided that such accessory structure shall be set back at least 10 feet from any lot line. Except as provided in Subsection C(1) and (2), no accessory structure [except agricultural roadside stands (see § 195-18D) and school bus shelters] shall be built within any front yard unless authorized as a special exception by the Zoning Hearing Board.
(1)
Detached structures shall be permitted by right in front yards so
long as they are set back from any street line at least 100 feet.
(2)
In addition to Subsection C(1), an accessory structure shall be permitted in the front yard in the AP and RAC Districts if the accessory building will be located:
(a)
At least 200 feet from any dwelling other than one owned by
the owner of the accessory structure; or
(b)
On a principal agricultural lot containing at least 30 acres,
and if the structure will be at least 100 feet from any residential
district boundary and at least 100 feet from the property line of
an existing dwelling not owned by the owner of the accessory building.
D.
Fences and walls. The following regulations shall apply to the height
and location of fences and walls.
(1)
No fence or wall (except a retaining wall, a wall of a building under the terms of this chapter, or a wall or fence in accordance with Article IV, Use Regulations, of this chapter) shall be erected to a height of more than four feet in the required minimum front yard area and more than six feet in any other yard area in any district, other than the HC and I Districts. See also Subsection D(1)(e)[4] below.
(2)
No fence or wall (except a retaining wall, a wall of a building under the terms of this chapter, or a wall or fence in accordance with Article III, District Regulations, and Article IV, Use Regulations, of this chapter) shall be erected to a height of more than nine feet in any yard in the HC and I Districts. See also Subsection D(1)(e)[4] below.
(3)
No fencing shall be erected which inhibits the sight distance at
a street intersection or driveway or the clear sight triangle as established
in this chapter.
(4)
Fences shall be permitted within all setbacks, subject to the following:
(a)
In side and rear yards, fences must be placed on the applicant's
property, unless there is an agreement between abutting lot owners
to share a fence placed over the property line. Fences shall not be
placed within a street right-of-way.
(b)
In front yards, a fence must be set back at least three feet
from the front lot line as defined in this chapter, but in no event
shall any fence in a front yard interfere with sight lines along the
street, or a clear sight triangle for any intersections, driveways,
or access drives.
(c)
On corner lots, the portion of the lot which would constitute
a side or rear yard as defined in this chapter, but for the location
of the street, will be treated as and considered a side or rear yard
for purposes of placement and height of fences.
(e)
Additional fence standards.
[1]
Fences shall not be placed within a public street right-of-way.
[2]
No fence shall be placed over or on top of any buried utilities
(including gas, water, or electric lines) or public improvements or
facilities (such as sewer or stormwater lines or facilities) without
the express consent of the Township, or, if appropriate along state
roads, the commonwealth.
[3]
It shall be the responsibility of the person placing any fence
or the owner, if different, to determine the existence or location
of such utilities, improvements or facilities before beginning any
digging for such fences, by first calling Pennsylvania One-Call, or
its successor, and all such other entities as may be necessary to
determine the existence and location of such utilities, improvements
or facilities.
[4]
A fence height of up to 12 feet shall be allowed to enclose
an electric substation, hazardous materials, gas compressor station
or closely similar facilities that represent safety hazards.[1]
[1]
Editor's Note: Former Subsection E, regarding vegetation near
farms, was repealed 9-20-2016 by Ord. No. 272-09-2016.
A.
Lot area. The area, width and depth of lots shall provide adequate
area for off-street loading, unloading, and/or parking space. Parcels
with on-lot wastewater facilities shall be provided with area in addition
to the above-mentioned areas to accommodate an on-lot wastewater system
and a replacement area approved by the Township Sewage Enforcement
Officer.
B.
Yard and setbacks.
(3)
Corner lots. A front setback shall be required from each street on
a corner lot.
(4)
Reverse frontage lots or through lots. A front setback shall be required
from each street on reverse frontage or through lots.
(5)
Front setbacks on built-up streets. Where at least two adjacent buildings
within 100 feet of a property are set back less than the required
distance, the average of the lesser distance becomes the required
minimum front setback for the property. However, in no case shall
the setback line be less than 20 feet from any abutting, existing
street right-of-way line.
(6)
Building extensions within the setback.
(a)
Cornices, chimneys, steps, stoops, canopies, and similar extensions
including fire escapes and eaves may be within the minimum front,
side and rear setback. Stoops shall not be greater than 25 square
feet in area.
(b)
Covered porches and patios, whether enclosed or unenclosed,
shall be considered a part of the main building and shall not project
into any building setback area.
(c)
Wheelchair ramps or lifts that are necessary to provide access
to persons with disabilities may extend as necessary into a required
setback area.
C.
Flag lots. Flag lots shall only be permitted in the AP, MU and RAC
Districts and must comply with the following regulations:
(1)
The applicant shall provide a written statement describing why no
other lot configurations are possible, or that any other alternative
would result in greater disturbance of natural features and/or agricultural
land.
(2)
The narrow "staff" portion of any such lot connecting the "flag"
to the street shall not be less than 50 feet in width. The access
drive associated with the staff shall be no closer than 10 feet from
a neighboring driveway.
(3)
Minimum lot width and minimum building setbacks shall be measured
along the lot line (other than the street line) most nearly parallel
to the street from which access is taken.
(4)
The "staff" portion of a flag lot shall serve only the lot upon which
it is located; any subsequent proposals to serve one or more additional
lots shall require the construction and dedication of a public street.
D.
Division of lots. No lot may be subdivided unless each lot will meet
all the applicable provisions of this chapter and the Township SALDO,
other than zoning matters that are already lawfully nonconforming.
A.
Height regulations. The following height regulations shall apply
throughout the Township:
(1)
The height regulations do not apply to the following structures or
projections, provided that such structures or projections are set
back a horizontal distance at least equal to their height from any
property line:
(b)
Rooftop structures for the housing of elevators, stairways,
water storage tanks, ventilating fans, air conditioning systems, and
other mechanical appurtenances, if such structures do not cover more
than 25% of the roof on which they are located.
(c)
Parapet walls or cornices used solely for ornamental purposes,
if not in excess of five feet above the roof line.
(d)
Solar energy collection devices or skylights may extend a maximum
of five feet above the maximum building height.
(2)
In no case shall any freestanding or rooftop structure above the
maximum permitted height be used for the purpose of providing additional
floor space for residential, commercial or industrial purposes.
B.
Minimum habitable floor area. All dwelling units shall not be less
than the minimum habitable floor area as follows:
(1)
Single-family, detached, attached and semidetached and two-family units [with the exception of those single-family units listed in Subsection B(2) below]: 700 square feet.
(2)
Apartments, residential conversions, granny flats, temporary housing
for farm workers and mobile/manufactured homes: 500 square feet.
C.
Unenclosed storage and truck parking.
(1)
On a lot in a residential district, trucks used to haul garbage or
hazardous materials shall not be parked or stored for more than 30
minutes per day. A tractor-trailer truck combination shall not be
allowed to be parked overnight on a lot of less than one acre in a
residential district.
(2)
Outdoor stockpiling. In all districts with the exception of the I
District, no outdoor stockpiling of any material or outdoor storage
of trash is permitted in the front yard. All districts shall meet
the following regulations, as applicable:
(a)
The stockpiling of tires, metal pipes, automobile parts, and
similar objects or materials shall be stored in a garage or an enclosed
storage structure in residential districts.
(b)
In any residential district, the outdoor stockpiling of materials other than those listed in Subsection C(2)(a) above is prohibited for more than one year.
(c)
In all districts, outside storage areas shall be screened from
any public street or pedestrian walkway, any abutting residential
use, and any adjoining residential district in accordance with the
screening and landscaping requirements set forth in the Township SALDO[1] and Article III of this chapter.
(d)
In the I District, outdoor storage of materials over four feet
in height must be set back a minimum of 100 feet from the public right-of-way.
D.
Dumpsters. Dumpsters used for domestic garbage shall be permitted
within the side or rear yard in accordance with the following requirements:
E.
Demolition of structures. Demolition of any structure must be completed
within three months of the initiation of the work. "Completion" consists
of tearing the structure down to grade, filling any resulting cavity
to grade and removing all resulting materials from the lot. A structure
may be partly demolished only if a building remains and the demolition
of the part is complete as aforesaid. All evidence of the part which
was demolished must be removed from the exterior surfaces of the remaining
building.
F.
Box tractor-trailers are permitted for the storage of agricultural
materials or products in the AP and RAC Districts on lots greater
than one acre and whose principal use is agricultural. Box tractor-trailers
are not permitted for any storage purpose in any other zoning district.
[Added 10-15-2019 by Ord.
No. 278-08-2019]
A.
B.
Description of buffer yards and screening.
(1)
Buffer yards and screening shall be designed in accordance with the Township SALDO unless otherwise required by this chapter in Article IV, Use Regulations.
(2)
All buffer yards shall be planted with grass, seed, sod, or ground
cover, shall be maintained, and shall be kept clean of all debris,
rubbish, weeds, and tall grass in conformance with existing regulations.
(3)
No structure, manufacturing or processing activity, parking (including driveways other than those necessary for access to the lot in question), or storage of materials shall be permitted in the buffer yard, unless otherwise stipulated in Article III, District Regulations, and Article IV, Use Regulations.
[Amended 9-20-2016 by Ord. No. 272-09-2016]
A.
The customary accessory keeping of animals is permitted by right
in all districts.
B.
No use shall involve the keeping of animals or fowl in such a manner
or of such types of animals that it creates a serious nuisance (including
noise or odor), a health hazard or a public safety hazard. The owner
of the animals shall be responsible for collecting and properly disposing
of all fecal matter from pets, and keeping food in manner that avoids
rodent and insect problems.
C.
Horses and similarly sized animals.
(1)
In the R-1, R-2, R-3 and VC Districts, boarding of horses not owned
by property owners or property residents shall only be allowed on
a lot of more than 10 acres. See separate standards for commercial
riding schools and horse boarding stables, which are allowed in certain
districts.
(2)
In all districts, horses and similar sized animals may be kept for
personal recreation use in accordance with the following requirements:
(a)
The minimum lot size for the keeping of one horse or similarly
sized animal for personal recreation shall be 2.5 acres. A minimum
of one acre shall be accessible to the horse or similar sized animal.
(b)
One additional horse or similar sized animal shall be allowed
for every acre over 2.5 acres.
(3)
The owner of the property shall be responsible for taking all reasonable
steps to prevent any manure or other waste materials from the animals
from leaving the owner's property, and shall take all reasonable steps
to minimize the impact of dust, flies, and other negative impacts
on adjoining properties.
(4)
All areas accessible to or to be used by the horses or similar sized
animals shall be surrounded by and enclosed within a fence of sufficient
construction and strength to keep the horses within the enclosed area,
and all buildings or structures used, or intended for use, as shelters
for the animals shall be within the enclosed areas, or shall constitute
a portion of the enclosure.
D.
Animals that are less than six months in age are not regulated in
number by this section. Animals must be kept on the property that
is owned or leased by the keeper of the animals, unless advance permission
has been granted by the affected landowner.
E.
A maximum combined total of six dogs and/or cats shall be permitted
to be kept by residents of each dwelling unit or by occupants of any
nonresidential lot.
F.
Up to eight fowl may be kept as an accessory use on a residential
lot of more than 6,000 square feet. A maximum of one pig, goat, sheep
or similar animal of up to 150 pounds may be kept as an accessory
residential use on a lot of more than one acre.
G.
In no case shall the total weight of all animals on a lot of less
than five acres exceed an average of 1,000 pounds per acre. The Township
may rely upon average weights for various animals in reference sources,
such as is published by the Penn State University Cooperative Extension
Service.
H.
Any shelter that is detached from a dwelling or manure storage areas
for animals averaging less than 100 pounds in weight each shall be
kept a minimum of 25 feet from the lot line of an adjacent dwelling.
Any shelter that is detached from a dwelling or manure storage area
for animals averaging more than 100 pounds in weight shall be setback
a minimum of 75 feet from the lot line of an adjacent dwelling.
I.
Any keeping of "exotic wildlife" (as defined by the Pennsylvania
Game and Wildlife Code) or any keeping of bears, wolves, wolf-dog
hybrids, or venomous snakes shall need special exception approval
and a state exotic wildlife possession permit (if applicable). The
applicant shall have the burden of proof to show that such animal
will not create nuisances or hazards to others.
All exterior lighting shall be arranged and shielded to prevent
objectionable illumination or glare upon adjoining properties and/or
public right-of-way. The maximum spillover of light onto a residential
lot in a residential, AP, RAC or VC District shall be 0.5 horizontal
footcandles. See additional requirements regarding exterior lighting
in the Township SALDO.[1]
B.
Access to lots that preexist as of the effective date of this chapter shall be controlled and regulated by the appropriate provisions for street access as set out in Chapter 165, the Township SALDO.
(1)
Access to road. In addition, before a zoning permit pursuant to this
chapter or any other building, construction, or occupancy permit pursuant
to this or any other Chapter of the Code of Ordinances shall be issued
by the Township's Zoning Officer, the applicant must provide documentation
to the Zoning Officer sufficient to permit the Zoning Officer to determine
that the applicant has a legally identifiable access, right-of-way,
or easement sufficient to provide the required access from a public
road to the access point on the lot for which the permit is sought.
It shall be the sole responsibility of the applicant to obtain such
documentation. In determining the sufficiency of such documentation,
the Zoning Officer may consult with and obtain an opinion from the
Township Solicitor. A determination by the Zoning Officer or the Township
Solicitor of the sufficiency of such documentation will be based on
a determination of the legal sufficiency of the documentation, and
is not intended nor shall it be construed to be a determination of
or opinion on the enforceability of such documentation.
No principal building or accessory building or structure shall be erected, structurally altered or relocated on land which is not adequately drained at all times. In addition, all work must conform to the Township Stormwater Management Ordinance (Chapter 158 of the Code of the Township of North Codorus, Pennsylvania).
A.
In addition to the provisions of this chapter, all portions of properties in the Township which are located in a floodplain area as identified in the Federal Emergency Management Agency (FEMA) 2009 Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) and/or as defined in the Township Floodplain Management Ordinance of 2009, or its successors, Chapter 102 of this Code, shall also be subject to and regulated by the provisions of Chapter 102 and the Township Subdivision Ordinance, Chapter 165 of this Code.
C.
Activities in the floodplain as identified in FEMA's 2009 FIS and FIRMs are regulated by the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq. (PFPMA), and the Township's Floodplain Management Ordinance of 2009, or its successors, Chapter 102 of this Code. Pursuant to § 204 of the PFPMA, the standards of the National Flood Insurance Program (NFIP) shall be deemed the minimum standards for the management of properties in the floodplain as defined and identified in the FIS, FIRMs and/or the Township's Floodplain Management Ordinance of 2009 or its successor, Chapter 102 of this Code, and the power of the Board of Supervisors or any other body to grant waivers, variances or other relief from the provisions of Chapter 102 pursuant to this chapter shall be limited to those minimum requirements of the NFIP, as provided in § 204 of the PFPMA and Chapter 102 of this Code.
D.
A new building shall not be built or placed within the one-hundred-year
floodplain.
No land or building in any district shall be used or occupied
in such a manner so as to create any dangerous or objectionable elements
in such amount as to adversely affect the surrounding area or premises.
All uses of land or building shall initially and continuously comply
with all applicable performance standards established by federal and
state agencies.
See the provisions in the Township Subdivision and Land Development
Ordinance.[1]
A.
Clear sight triangles shall be maintained at all street intersections
and shall be so indicated on all plans. No obstruction that would
obscure the vision of a motorist shall be permitted within the clear
sight triangle. Additionally, no grading or landscaping that exceeds
a height of three feet may be placed within the clear sight triangle.
All areas within the clear sight triangle shall be designated on site
plans and subdivision and land development plans.
(1)
The Township may allow a sign support post of up to 18 inches
in width, a fence that is mostly open and can be seen through, and
trunks of canopy trees (with branches cleared below eight feet) to
be within a sight triangle if they do not obstruct sight distances.
Note: Where trees overhang over a road cartway, a taller clearance
may be required for branches.
(2)
The Township shall have the authority, but not the obligation,
to require the trimming or removal of any object or vegetation that
may be an obstruction to clear sight distances for motorists.
B.
Clear sight triangles shall be sized as follows:
(1)
The shortest leg of the clear sight triangle shall be measured
along the centerline of a street or driveway and be located 15 feet
back from the curb line or ultimate pavement edge (if no curb is constructed)
of a through street.
(2)
Along the centerline of the through street, a leg of the triangle
shall be located the following distances from the intersection of
the centerlines:
[Amended 9-20-2016 by Ord. No. 272-09-2016]
|
Street Classification of the Through Street
|
Distance from Centerline in Each Direction
(feet)
| |
|---|---|---|
|
Local
|
75
| |
|
Collector
|
150
| |
|
Arterial
|
300
|
(3)
The longest leg of the triangle shall connect with the other
two legs.
(4)
An applicant shall only be responsible to establish a clear
sight triangle on land that is under the control of the applicant.
C.
Sight distance at all street intersections and at the intersection
of a vehicle driveway with a street shall be designed to meet the
requirements of the PennDOT, as contained in the Highway Occupancy
Permit Handbook, Publication 282, as amended or its successor document.
As a condition of this chapter, these PennDOT sight distances shall
be met, regardless of whether a state-owned street is involved. This
Township requirement shall not apply if PennDOT approves a modification
along a state-owned street (such as for a driveway limited to right
turns only). The actual and required sight distance for each intersection
shall be clearly labeled on the plan.
