[Ord. 284 (86-2), 8/14/1986, § 401; as amended by Ord. 411 (2001-2), 11/4/2001, § 1; by Ord. 429 (2004-4), 8/11/2004, § 1; by Ord. No. 521, 5/17/2023]
1. 
Attached Structures. A permanent-roofed accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
2. 
Non-Attached Structures. A permanent-roofed accessory structure, standing apart from the principal structure, is permitted in rear yards but must be at least 10 feet from the principal structure. In no case shall such accessory structure be less than five feet from any lot line. For all other requirements, a non-attached accessory structure is considered a part of the principal building. Any non-attached structure larger than 160 square feet must meet the setback requirements of the particular zone where it is proposed to be located and must have frost-line footers.
3. 
Fences and Walls. No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) shall be erected to a height of more than three feet in a front yard area and more than eight feet in any other yard area in a residential zone or upon any lot used for residential purpose in any other zone. For all other uses in all other zones no fence may exceed eight feet in height in any yard area. Fences may be located up to but not on the lot line.
4. 
Solar and Wind Energy Facilities. Solar or wind energy systems either as part of a structure or as an independent structure providing a significant fraction of the electricity, space heating, space cooling or domestic hot water heating for a permitted use in any zone shall be permitted as accessory uses subject to the following constraints:
A. 
No solar energy system located on the ground shall exceed a height of eight feet.
B. 
The maximum ground coverage of a structure supporting a solar collector shall not exceed 25% of the area of the ground floor of the principal building.
C. 
Solar energy systems must be reasonably installed and sited in the most aesthetic and architecturally compatible method possible, whether as a part of a structure or incidental to a structure or group of structures nearby.
5. 
Home Occupations and Professions. Subject to the requirements below, the following home occupations and professions may be authorized only in a dwelling unit or an accessory structure in the Village Center Zone: physician, dentist, clergyman, lawyer, engineer, accountant, architect, teacher, artist, licensed insurance or real estate agent, seamstress, barber, beautician, watch/clock repair, gunsmith and similar service occupations and professions.
6. 
Regulations for Permitted Home Occupations and Professions.
A. 
Employees. No person other than a resident of the dwelling unit may practice the occupation or profession. No more than two persons outside the family may be employed to provide secretarial, clerical or other assistance.
B. 
Coverage. Only the ground floor of a dwelling unit and not more than 30% thereof may be devoted to a home occupation or profession.
C. 
Appearance. The character or external appearance of the dwelling unit or accessory structure must be that of a dwelling or its accessory structure. No display or products may be shown so as to be visible from outside the dwelling. A name plate not larger than two square feet in area is permitted. It must be illuminated only by indirect lighting.
D. 
Parking. Besides the required parking for the dwelling unit, additional parking located in the rear yard is required as follows:
(1) 
One space for the home occupation and one space for each nonresident employee.
(2) 
Two additional spaces for a physician, dentist, barber or beauty shop.
In order to prevent vehicles from backing into the flow of traffic, each space shall not have direct access to the street.
7. 
Satellite Dish Antenna. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit shall be subject to the following constraints:
A. 
Such devices shall not be placed within any required setback area only.
B. 
Satellite dish antenna must be located in a side or rear yard.
C. 
No ground-mounted dish antenna on any residential lot can exceed an overall diameter of 12 feet or an overall height of 15 feet.
D. 
Only one antenna is permitted per building lot.
[Ord. 284 (86-2), 8/14/1986, § 402; as amended by Ord. 336 (92-3), 5/6/1992, § 2; and by Ord. 490 (2017-05), 10/18/2017]
1. 
Front Setbacks from Major Thoroughfares. For the purpose of protecting residential use from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, building (including residential and nonresidential building) along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare. Major thoroughfares are or will be any arterial streets and collector streets specified in the Southern York County (SYC) Region Comprehensive Plan or any other municipal or regional Comprehensive Plan as designated by Borough Council.
2. 
Front Setback of Buildings on Built-up Streets. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the property.
3. 
Sight Distance. Proper sight lines must be maintained at all street intersections. Measured along the center line of the street, there must be a clear sight triangle with sides as follows:
Street
Clear Sight Triangle Side
Major Thoroughfares
150 feet
Minor Streets
75 feet
No building or construction is permitted in this area except as follows:
A. 
Obstructions or plantings less than three feet in height.
B. 
If not obstructing view of traffic, post columns and trees not exceeding one foot in diameter.
4. 
Setback on Corner Lots. In the case of corner lots, two front yards shall be provided (the second of which will exist in lieu of one side yard).
5. 
Accessory or Appurtenant Structures. The setback regulations do not apply to:
A. 
School bus shelters; telephone booths; and cornices, eaves, chimneys, steps, canopies, patios and exist landings which are not over eight inches above grade, and similar extensions of a structure, but not including porches and decks, whether covered or uncovered.
B. 
Open fire escapes.
C. 
Minor utility structures, articles of ornamentation or decoration.
D. 
Fences, retaining walls.
[Ord. 284 (86-2), 8/14/1986, § 403]
1. 
The height regulations do not apply to the following projections; provided, that the height of any such projection above its base shall not be greater than the shortest distance measured along a horizontal plane from such base to any lot line:
A. 
Structures such as chimneys, standpipes, flagpoles, television antennas or radio towers.
B. 
Structures on buildings such as clock towers, cupolas, water tanks, and other mechanical appurtenances, if such structures, at any level, do not cover more than 25% of the roof on which they are located.
C. 
Parapet walls or cornices solely for ornamental purposes if not in excess of five feet in height.
[Ord. 284 (86-2), 8/14/1986, § 404]
1. 
All dwelling units must conform to the minimum habitable floor area following:
A. 
Single-family, two-family, townhouse: 700 square feet per dwelling unit.
B. 
Other multifamily apartment or multifamily conversion: 400 square feet per dwelling unit.
C. 
Bachelor apartment (one person): 200 square feet.
[Ord. 284 (86-2), 8/14/1986, § 405; as amended by Ord. 336 (92-3), 5/7/1992, § 3]
1. 
Signs Permitted and Extent-of-Use.
A. 
Drive-in Business. For a drive-in business, business signs are permitted as long as their number does not exceed two per street frontage and their combined area does not exceed 50 square feet per street frontage.
B. 
Other Uses. For other uses, one sign is permitted on each street frontage of a lot for each occupancy or purpose and an additional sign for each occupancy or purpose is permitted for every 100 feet of street frontage or major fraction thereof all in accordance with Subsection 5. However, for business signs, any number of signs are permitted as long as their total area does not exceed the maximum under Subsection 5.
C. 
All Uses. For all uses, an advertising and a business sign must be at least 60 feet apart, and no sign exceeding 30 square feet in area may be located within 75 feet of a residential zone.
D. 
Determination of Size. The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments. In the case of open signs made up of letters, figures and designs the space between such letters, figures and designs shall be included.
E. 
Type, Location and Size of Sign.
Type of Sign
Where Permitted
Maximum Size
Advertising
VC or CI zone
300 square feet
Apartment development, subdivision
Where use is permitted
20 square feet
Business
Where use is permitted
50 square feet
Directional
Any zone
6 square feet
For sale, for rent, sold and rented
R-1 or R-2 zone
VC or CI zone
6 square feet
30 square feet
Home occupation or home profession
Where use is permitted
2 square feet
Identification and information of churches, schools, and other nonprofit institutions
Any zone
20 square feet
Industrial park, shopping center
Where use is permitted
300 square feet
Temporary sign for sale of agricultural and horticulture products and for construction projects
Any zone
12 square feet
Traffic
Any zone
—
Trespassing
Any zone
2 square feet
Utility
Any zone
2 square feet
Work signs of builders, painters and other artisans performing work on the premises
Any zone
6 square feet
2. 
Setback of Signs.
A. 
Attached Signs. No portion of an attached sign may extend beyond the building setback line.
B. 
Free-Standing Signs. No portion of a free-standing sign may be closer to a street right-of-way line than 15 feet.
C. 
All signs shall conform to the sight distance requirements of § 27-402, Subsection 3, of this chapter.
3. 
Buntings and Pennants. Buntings and pennants are permitted only to announce the opening of a new business or industry, or in connection with a civic event, and must be removed 15 days after the event.
4. 
Projection of Signs. No sign may project:
A. 
Over a public sidewalk area.
B. 
Over a public highway or street unless specifically authorized by other Borough or state regulations.
C. 
More than 25 feet above the ground except for an attached sign which may project 10 feet above the roof of a building providing the sign so placed does not project more than 35 feet above the ground.
5. 
Illumination of Signs.
A. 
Flashing and intermittent lights are permitted only in VC and CI Zones within the Borough.
B. 
A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any adjacent residence, or so it does not obstruct the vision of motorists.
C. 
Signs which are illuminated in the colors red, green, or amber, either by colored bulbs or tubing, or in high reflection by the use of special preparations such as fluorescent paint or glass, may not be located within a radius of 200 feet of a highway traffic light or similar safety device or from the center.
6. 
Temporary Signs.
A. 
A temporary sign for the sale of agricultural and horticultural products may be erected for a period not exceeding 60 days.
B. 
A temporary sign for a construction project may be erected and maintained for as long as the project is under construction.
C. 
A temporary sign such as those advertising activities of churches and nonprofit organizations may be erected for a period not exceeding 60 days.
7. 
Construction and Maintenance. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.
8. 
Termination of Enterprise. Upon termination or abandonment of a commercial or industrial use, all signs pertaining to the enterprise must be removed.
[Ord. 284 (86-2), 8/14/1986, § 406; as amended by Ord. 490 (2017-05), 10/18/2017]
In a residential zone, unregistered vehicles, recreational vehicles and trailers, and trucks with a vehicle rating over 3/4 ton shall not be stored for a period in excess of three days in the area between the street line and the line formed by the front wall of the principal building extended the full width of the lot. On-street parking of recreational vehicles and trailers is prohibited and when parking in the side or rear yards, must be at least three feet from all property lines.
[Ord. 284 (86-2), 8/14/1986, § 408; as amended by Ord. 336 (92-3), 5/6/1992, § 4]
1. 
Size of Parking Spaces. Each parking space shall have an area of at least nine feet by 18 feet or 162 square feet, exclusive of passageways and driveways appurtenant to the space and giving access to it. Where five or more parking spaces are required, the total parking area including passageways and driveways must average 262 square feet per required parking spaces.
2. 
Spaces Required. Off-street parking spaces must be provided for each building erected, enlarged or converted to a multifamily or two-family dwelling in accordance with the following schedule:
Type of Use
Minimum of One Parking Space for Each
Auditorium, church, theater and other such places of public assembly
3 seats
Automobile repair, service station
400 square feet of gross floor area and ground area devoted to repair and service facilities
Bowling alley
one-half lane (i.e., 2 spaces per lane)
Clubs, lodges and other similar places
100 square feet of gross floor area
Drive-in business
as required by Zoning Hearing Board
Eating establishments
4 seats
Funeral home
100 square feet of gross floor area
Hospital, sanitarium
one-half bed (i.e., 2 spaces per bed)
Hotel, motel
guest sleeping room
Industrial and heavy commercial establishments
1 1/2 employees on major shift but at least 1 space for each 5,000 square feet of gross floor area
Office building
300 square feet of gross floor area
Other commercial buildings
400 square feet of gross floor area
Other recreational establishments
100 square feet of gross floor area
Residential dwelling
1/2 dwelling unit (i.e., 2 spaces per dwelling unit)
Retail store or shop
100 square feet of gross floor area
Rooming house
bedroom
3. 
Location. The parking area must be on the same or nearby premises. If on nearby premises:
A. 
The nearest point of the parking lot shall be not further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use, and 300 feet in the case of an industrial use.
B. 
The parking area must remain under control of the owner or operator of the use to which the parking area is appurtenant.
4. 
Layout. Parking area must be arranged so there will be no need for motorists to back over:
A. 
Local streets, except in the case of residential uses.
B. 
Major thoroughfares.
5. 
Parking Area Adjacent to Street. For multifamily and nonresidential uses where a parking area or other area open to movement of vehicles abuts the right-of-way of a public street, a pipe railing, post and chain barricade, raised curbs or equally effective devices satisfactory to the Borough must line the public right-of-way except at access points so that parked vehicles will not extend into the street right-of-way.
6. 
Paving. For commercial, industrial and multifamily residential uses, all required parking areas shall be paved with concrete or bituminous paving material.
[Ord. 284 (86-2), 8/14/1986, § 409]
1. 
Size; Surfacing. The loading space must be not less than 12 feet wide and 50 feet long. It must be surfaced with a bituminous or concrete paving material.
2. 
Spaces Required. Off-street loading spaces must be provided for each building erected or enlarged in accordance with the following schedule:
Type of Use
Number of Loading Spaces
Manufacturing, storage, display or sale of goods, hospitals and sanitaria
1 space for a gross floor area of 5,000 to 25,000 square feet and 1 additional space for each 10,000 square feet of gross floor area in excess of 25,000 square feet
Offices, hotels, theaters or similar uses
1 space for a gross floor area of from 20,000 to 100,000 square feet and 1 additional space for each 40,000 square feet of gross floor area in excess of 100,000 square feet
3. 
Layout. The loading area must be arranged so that there will be no need for motorists to back over public rights-of-way and must not be located in the front yard area.
[Ord. 284 (86-2), 8/14/1986, § 410]
1. 
Width. Within 10 feet of the street right-of-way, driveways, may not exceed 35 feet in width.
2. 
Number. The number of driveways may not exceed two per lot on any one street frontage. The Zoning Hearing Board may grant permission by special exception for additional driveways where required to meet exceptional circumstances and where frontage of unusual length exists.
3. 
Location. Driveways may not enter a public street:
A. 
Within 40 feet of the street right-of-way line of an intersecting street.
B. 
Within five feet of a fire hydrant.
C. 
Within 25 feet of another access drive on the same property.
4. 
Sight Distances; Slope, Cuts. A driveway must be located in safe relationship to sight distance and barriers to vision. The drive may not exceed a slope of 10% within 25 feet of the street right-of-way line. Where a drive enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point at which the drive intersects the street right-of-way. The height of the bank must not exceed three feet within 10 feet of the street right-of-way line.
5. 
Paving. An access drive's approach to a paved street shall be paved with a concrete or bituminous paving material to prevent gravel or other loose material from being carried onto the street. Beginning at the edge of the street roadway, the access drive shall be paved for a minimum distance of 35 feet measured along its center line. The Borough may require a longer paved area if conditions so warrant.
[Ord. 284 (86-2), 8/14/1986, § 411]
1. 
Where an industrial or commercial use is proposed in an IC or VC Zone and it abuts a residential zone, except for street or alley frontage:
A. 
A fence, screen or buffer planting acceptable to the Borough is required to be erected in the Industrial or Village Center Zone to screen from view (in the residential zone) the industrial or commercial use.
B. 
The space along the side lot line in the Village Center, and Industrial Zones abutting a residential zone for 20 feet in depth may not be used for commercial or industrial operations. This area must be suitably landscaped and maintained.
[Ord. 284 (86-2), 8/14/1986, § 412]
1. 
Adequate Drainage Required. No principal building may be erected, structurally altered, or relocated on land:
A. 
Which is not adequately drained at all times.
B. 
Which is subject to periodic flooding.
2. 
Building Restricted Adjacent to Drainage Channels and Watercourses. No building may be erected, structurally altered or relocated:
A. 
Within 20 feet of the ordinary high water line of any surface water drainage channel or natural watercourse.
B. 
So that its lowest floor is less than three feet above the high water line.
3. 
Drainage Upon Street. In order to prevent improper surface water drainage upon streets, each building erected, structurally altered, or relocated, and its driveways, must be at a grade in satisfactory relationship:
A. 
With the established street grade.
B. 
With the existing street grade where none is established.
4. 
Drainage Upon Adjoining Properties; Slopes. In order to protect adjoining property owners, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land may be made which would:
A. 
Result in a slope of more than 70% within 20 feet of a property line.
B. 
Alter the existing drainage or topography in any way so as to adversely affect adjoining properties.
In no case may any slope exceed the normal angle of slippage of the material involved. All slopes must be protected against erosion.
5. 
Obstruction to Drainage Prohibited. The damming, filling, or otherwise interfering with the natural flow of a surface watercourse is not permitted without approval of the Borough.
[Ord. 284 (86-2), 8/14/1986, § 413]
Any use, activity or development which is proposed in a flood prone area must comply with this chapter and the provisions established in the Floodplain Management Ordinance [Chapter 8].
[Ord. 284 (86-2), 8/14/1986, § 414]
Where a use involves exterior lighting, the lighting must be so located and shielded that no objectionable illumination or glare is cast upon adjoining properties.
[Ord. 284 (86-2), 8/14/1986, § 415]
Demolition of any structure must be completed within three months of the issuance of a permit. 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 completed as required in the previous sentence. All evidence of the structure which was demolished must be removed from the exterior surfaces of the remaining building.
[Ord. 284 (86-2), 8/14/1986, § 416; as amended by Ord. 336 (92-3), 5/6/1992, § 5]
Every outdoor swimming pool must conform to all applicable requirements of state law and in addition must be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension. An above-ground pool with a wall measuring at least four feet in height above ground on all sides is not required to have separate fencing. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Farm ponds shall be excluded from the requirements of this section. Non-farm ponds shall meet all fencing requirements. In addition, an outdoor swimming pool must be set back at least 10 feet from all lot lines, and may not be constructed in any yard area in front of the front line of the principal building on the lot.
[Ord. 284 (86-2), 8/14/1986, § 417]
1. 
Solar Energy Systems. Solar energy systems shall be permitted relief from previously stated limitations to the following extent:
A. 
Setbacks.
(1) 
Architectural features needed for the operation of active or passive solar energy systems, including but not limited to canopies, eaves, overhangs, detached solar collectors, reflectors, piping and movable insulation may be permitted to extend up to 10 feet into required yard areas when these devices are a functional component of the space heating or domestic hot water system of the principal building lot.
(2) 
The rear or side yard setbacks required may be reduced to zero in order to allow the siting of solar energy systems; provided, that:
(a) 
No portion of the structure or architectural features project over the property lines.
(b) 
Exposure protection between structures is provided according to the specifications of all applicable fire and safety regulations guaranteeing emergency access, light and ventilation.
(c) 
The placement of all structures, building materials, and finished wall construction along the lot line does not interfere with traffic along adjacent or intersecting rights-of-way or with the site distance at intersections.
(d) 
No other design can be shown to meet the requirements of this chapter and provide the same solar energy utilization.
(e) 
Existing solar energy systems will not be substantially impaired by shadowing more than 10% of the collector area between 9:00 a.m. and 3:00 p.m. on a clear winter solstice (December 21) day.
B. 
Building Height.
(1) 
Solar energy collection equipment, solar energy reflectors, or solar energy storage tanks extending no more than 10 feet above the highest point of the roof.
C. 
Lot Coverage.
(1) 
Solar collectors and/or solar energy systems shall not be included in the lot coverage calculations provided their installation will not create adverse stormwater problems and will not significantly detract from the groundwater recharge potential of the immediate vicinity.
2. 
Wind Energy Systems. Wind energy systems shall be permitted relief from previously stated limitation to the following extent:
A. 
Setbacks.
(1) 
The setbacks from any lot line must be equal to the height of the tower, plus the length of the longest extension of the rotor plus 10 feet.
B. 
Building Height.
(1) 
The height is not restricted unless there is an adverse affect upon the character of the neighborhood or television interference or significant amounts of noise are generated by the unit.
C. 
Access.
(1) 
Climbing access to the tower is secured from use by unauthorized persons.
[Ord. 284 (86-2), 8/14/1986, § 418]
If the construction is completed by one year after the effective date of this chapter, a building, the foundation of which was completed before the effective date, may be constructed without being bound by the requirements of this chapter. In like manner, a building, the foundation of which was completed before an amendment, may be constructed if the construction is completed within one year after the amendment.
[Ord. 284 (86-2), 8/14/1986, § 419]
No lot may be formed from part of a lot occupied by a building unless each newly-created lot will meet all the applicable provisions of this chapter.
[Ord. 284 (86-2), 8/14/1986, § 420]
On a lot held in single and separate ownership on the effective date of this chapter or any amendment thereto, which does not fulfill the regulations for the minimum lot area and/or lot width for the zone in which it is located, a building may be erected, altered and used and the lot may be used for a conforming (permitted) use providing the setback requirements are not less than the minimum specified herein for the zone in which the lot is located.
[Ord. 284 (86-2), 8/14/1986, § 421; as amended by Ord. 336 (92-3), 5/6/1992, § 6]
1. 
Continuance.
A. 
Except as otherwise provided in § 27-610, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use of land or building does not conform to the use regulations specified by this chapter for the zone in which such land or building is located.
B. 
Except as otherwise provided in § 27-610, any dimensional nonconformities existing at the date of the adoption of this chapter may be continued.
2. 
Zone Changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.
3. 
Identification and Registration. Nonconforming uses, lots and structures may be identified and registered by the Zoning Officer, together with the reasons why the Zoning Officer identified them as nonconformities.