The following regulations shall qualify or supplement the district
regulations appearing elsewhere in this chapter.
B.
Manufacturing. In order that the Zoning Officer may have a reasonable
basis upon which to approve a proposed industrial operation for conformity
with the requirements of this chapter, the following data shall be
submitted with an application for a permit:
(1)
Plot plan.
(2)
Architectural plan.
(3)
Description of operation.
(4)
Engineering and architectural plans for water supply and sewage disposal.
(5)
Plans for prevention or control of noise, vibration, glare, fire
hazards, air pollution, water pollution and traffic.
(6)
Proposed fuel.
(7)
Number of shifts and maximum employment per shift.
(8)
Additional pertinent data as may be required by the Zoning Officer.
C.
Mining and quarrying. In districts where permitted, mining and quarrying
shall be subject to the following safeguards and regulations:
(1)
Open excavations, pits and quarries shall be enclosed with a fence
not less than six feet in height.
(2)
All pits or quarries below the grade of a lot or street line shall
be more than 100 feet from any lot or street line.
(3)
All rock crushers, cement plants or other crushing, grinding, polishing
or cutting machinery or other physical or chemical processes for such
treatment shall be operated or carried on in such a way so as not
to create a hazard to health, safety or welfare of the public by the
emission of odor, dust, smoke, gas, vibration, illumination or noise
beyond the limits of the premises on which such use is a lawful, permitted
use.
(4)
When deemed necessary for the protection of the public, the Planning
Commission and the Borough Council may require the planting of a hedge
and/or the erection of a fence. Any planting and/or fence shall be
subject to the approval of the Planning Commission and the Borough
Council.
D.
Municipal use. 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 use.
E.
Prohibited uses.
(1)
Dwellings in commercial and industrial districts. Hereafter, a building
shall not be erected or converted in the commercial or industrial
districts established on the Zoning Map[2] for use as a dwelling unless the dwelling use is incidental
to the principal use of the premises.
[2]
Editor's Note: A copy of the current Zoning Map is on file
in the office of the Borough Secretary.
(2)
The primary living and sleeping quarters of dwelling units shall
not be permitted in cellars.
(3)
The following uses are prohibited in all districts throughout the
municipality:
(a)
The incineration, reduction or storage of garbage, offal, animals,
fish or refuse, unless by the authority of or under the supervision
of the municipality.
(b)
Dumps and dumping of any kind, unless by the authority of or
under the supervision of the municipality.
(c)
The stripping of topsoil for sale, exclusive of the process
of grading a lot preparatory to the construction of a building for
which a zoning permit has been issued.
F.
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:
(1)
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the facility is located.
(2)
Height shall be required by the district regulations.
(3)
Unhoused equipment shall be enclosed with a chain link fence six
feet in height, topped with barbed wire.
(4)
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 conformity with the district in which the facility
is located.
(5)
Screen planting in residential, C-1, and C-2 Districts. The required
fence for unhoused equipment shall be surrounded by an evergreen planting
as approved by the Planning Commission.
(6)
The external design of the building shall be in conformity with the
buildings in the district.
(7)
Access for unhoused equipment. Where vehicular access is across the
front yard, the gate shall be constructed of solid materials having
not less than 50% solid in ratio to open space.
(8)
Plans of the facility shall be submitted to the Planning Commission
for review and approval.
G.
Mobile home parks. Where permitted as a special exception use, as
a land development, plats shall be prepared and submitted to the municipality
in accordance with the requirements of the municipality's Subdivision
and Land Development Ordinance[3] for action by the governing body.
(1)
The minimum parcel size for any mobile home park development shall
be five acres.
(2)
The maximum density of a mobile home unit shall be five units per
acre.
(3)
No single mobile home lot shall be less than 4,200 square feet.
(4)
No mobile home lot shall be within 50 feet of a park boundary, nor
within 50 feet of an outside street right-of-way. This shall constitute
the mobile home park boundary.
(5)
No mobile home, office, or service building shall be located within
50 feet of a park boundary; nor within 75 feet of an outside street
right-of-way; nor within 10 feet of the right-of-way of an interior
park street or the paved edge of a common parking area or common walkway;
nor within 20 feet of an adjacent structure or mobile home; nor within
the designated recreation or open space areas.
(6)
Each mobile home shall have a minimum front yard of 15 feet, rear
yard of 25 feet, and two sides of 10 feet each. In no case shall the
distance between any two mobile homes be less than 20 feet.
(7)
A paved on-site walkway of a minimum width of three feet shall be
provided to each mobile home unit from an adjacent street.
(8)
There shall be a common walk system four feet wide through the development.
(9)
Each mobile home lot shall abut on a park access drive, which shall
be a dedicated public road built to Borough specifications. Access
to all mobile home lots shall be from the internal roadway network.
(10)
Each mobile home space shall contain no more than one mobile
home.
(11)
Recreation land shall be provided in accordance with the Steelton Borough Subdivision and Land Development Ordinance (§ 99-27). If recreation land is provided, it shall be located in an area of the tract that will be usable for both active and passive recreation and acceptable to the Zoning Hearing Board.
(12)
Each mobile home lot shall have attachments for waste disposal,
water supply facilities, and electrical service, and shall be properly
connected to an approved method of sewage disposal, and water and
electric supply.
(13)
Protective skirting shall be placed around the area between
the ground surface and the floor level of each mobile home so as to
prevent that area from forming a harborage for rodents, creating a
fire hazard, or exposing unsightly conditions.
(14)
No travel or vacation trailer or other form of temporary living
unit shall be placed upon any mobile home lot or used as a dwelling
within the mobile home park.
(15)
Individual mobile home owners may install an accessory or storage
shed, extensions and additions to mobile homes and exterior patio
area. Any such facilities so installed shall not intrude into any
required minimum front, side or rear yard and in every case shall
substantially conform in style, quality and color to the existing
mobile homes.
(16)
Each mobile home shall be provided with a minimum of two paved
parking spaces which shall be located on the mobile home lot. If on-street
parking is provided, an additional off-street parking space per unit
shall be provided in a common overflow visitor parking lot. Such visitor
parking lots shall be sized, arranged, and located so that the spaces
are within 300 feet walking distance to those units served.
(17)
Each mobile home shall be placed on a six-inch thick poured
concrete pad over a six-inch stone base unless otherwise required
by ordinance; the length and width of which shall be at least equal
to the length and width of the mobile home it is to support.
(18)
All mobile home parks shall be screened from adjoining properties
and roads.
H.
Private clubs or lodges.
(1)
Clubs or lodges shall be detached buildings, and shall be separated
from neighboring buildings or structures by at least 20 feet.
(2)
Clubs or lodges shall have at least one attendant on duty during
all hours of operation. Hours of operation shall be 6:00 a.m. to 2:00
a.m.
(3)
Clubs or lodges shall be located at least 1,000 feet from school
buildings, school playgrounds, and church buildings.
(4)
The applicant shall furnish a written plan for controlling noise
or loitering outside the building.
I.
Garden apartments. In districts where permitted, all garden apartments
shall comply with the following:
(1)
There shall be not more than 18 dwelling units per building.
(2)
No garden apartment building shall be in excess of three stories
in height.
(3)
Lot area per dwelling unit shall not be less than the area required
by the district regulations, when served by both public water and
sanitary sewers.
(4)
Where public sewers and water are not provided, the lot size shall
be increased in area as required by applicable state and Borough regulations
governing on-lot disposal systems.
(5)
All applicable provisions of this chapter.
J.
Home occupations. Home occupations are permitted as a special exception
subject to the following conditions:
(1)
The home occupation shall be carried on completely within the dwelling
unit or accessory building.
(2)
Not more than one person other than the occupants of the dwelling
unit shall be employed.
(3)
Not more than 1/2 of the floor area of a main building shall be devoted
to home occupation.
(4)
Articles sold or offered for sale shall be limited to those produced
on the premises.
(5)
There shall be no exterior display or sign, except as permitted in
the regulation on 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.
(6)
No offensive noise, vibration, smoke or other particulate matter,
heat, humidity, glare or other objectionable effects shall be produced.
(7)
A home occupation may include, but is not limited to, a professional
or a medical or osteopathic physician, dentist, podiatrist, chiropodist,
lawyer, engineer, architect, artist, teacher or dressmaker or barbershop,
beauty parlor or real estate or insurance office.
(8)
A home occupation shall not be interpreted to include a commercial
stable or kennel.
K.
Medical or dental clinical buildings. Where permitted as a special
exception in a residential district, a building for use as a medical
or dental clinic may be erected and used subject to the following
conditions:
(1)
The building shall be occupied and used only by persons licensed
to practice the healing arts in the Commonwealth of Pennsylvania and
their staffs.
(2)
The lot area shall not be less than 15,000 square feet.
(3)
The front yard depth shall be 35 feet; the side yard width shall
be 35 feet; the rear yard depth shall be 35 feet.
(4)
Parking shall be provided on the basis of three parking spaces per doctor, plus one additional space for every employee. The size and location of these spaces shall be in accordance with the provisions of Article XVI, Off-Street Parking.
(5)
An architectural sketch of the building and a plot plan showing the
size and location of the building, parking areas, driveways and the
plan for sewage disposal shall be submitted to the governing body
and Planning Commission for review and approval.
(6)
Where two or more buildings are proposed as a land development, plats
shall be prepared and submitted to the municipality in accordance
with the requirements.
L.
Motels. In districts where permitted, motels shall be subject to
the following safeguards and regulations:
(1)
Where two or more buildings are proposed as a land development, plats
shall be prepared and submitted to the municipality in accordance
with the requirements of the municipality's Subdivision and Land Development
Ordinance for action by the governing body.[4]
(2)
No motel shall have a lot area of less than one acre; and where one
building is proposed, plans shall be submitted to and approved by
the Zoning Hearing Board.
(3)
The motel shall be connected to a public sanitary sewer and water
supply, where feasible, or a sanitary sewerage collection and treatment
system and water supply approved by the Department of Environmental
Resources.[5]
[5]
Editor's Note: Said Department was split in 1995 into the
Department of Environmental Protection and the Department of Conservation
and Natural Resources.
(4)
Front, side and rear yards of the motel shall be permanently landscaped
and maintained in good condition.
(5)
At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed as part of the motel premises shall be provided as required by Article XVI of this chapter.
(6)
Every unit shall be provided with running hot and cold water and
separate toilet facilities.
(7)
Motel buildings or parts thereof shall be placed no closer to any
lot line than 30 feet.
(8)
The space between motel 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, except where parking is proposed. In such cases the distance between the fronts and/or rears of units shall be approved by the Planning Commission as required by Subsection L(1) above.
(9)
When the application for a permit is for a single motel building,
a plan shall be submitted to the Zoning Officer showing the following:
(a)
Extent and area of property.
(b)
Entrances, exits, driveways, roads, parking areas and walks.
(c)
Location of the main building and accessory buildings.
(d)
Plan for water supply.
(e)
Plan for sewage disposal.
(f)
Plan for storm drainage.
(g)
Plan for soil erosion and sedimentation control approved by
the County Conservation District.
(h)
Plan for supply of electricity, gas and other utilities.
(i)
Where entrances and exits of driveways are located on state
highways, copies of permits secured from the Pennsylvania Department
of Transportation shall be submitted with the plan.
(10)
Before issuing a permit, the Zoning Officer shall submit the
plan for such single motel building proposal to the Zoning Hearing
Board for approval.
M.
Outdoor recreation areas, private or semiprivate. Where permitted
as a special exception, private or semiprivate recreation areas shall
be subject to the following conditions:
(1)
The minimum lot area shall be not less than 1/2 acre.
(2)
Where two or more buildings or structures are proposed as a land
development, plats shall be prepared and submitted to the municipality
in accordance with the requirements of the municipality's Subdivision
and Land Development Ordinance.[6]
(3)
Where only one building structure is proposed, plans shall be submitted
to the Zoning Hearing Board for review and approval.
(4)
Such recreational use shall not be primarily for gain or profit.
(6)
Social and fraternal buildings shall be permitted only when incidental
to and accessory to the primary use of the area.
N.
Swimming pools, private. Private swimming pools shall be a permitted
accessory use in any district and shall comply with the following
conditions and requirements:
(1)
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.
(2)
The pool must be located within a side or rear yard and may be located
no closer than six feet to any property line of the property on which
it is located; provided, however, that, to the extent a property line
includes a street right-of-way or cartway within the lot, no portion
of the structure of the pool shall encroach on said cartway or improved
right-of-way; to the extent such right-of-way is not improved, no
portion of the aforesaid pool structure may encroach upon said unimproved
right-of-way without the specific written permission of the Borough
Council of the Borough of Steelton.
(3)
Every outdoor swimming pool of permanent construction, whether above-
or below-ground, shall be completely surrounded by a fence or wall
not less than four feet in height, which fence shall be so constructed
as not to have openings, holes or gaps larger than six inches in any
dimension; and if a picket fence is erected or maintained, the horizontal
dimension of space between pickets shall not exceed six inches.
(4)
A dwelling or an accessory building may be used as part of such enclosure.
(5)
All gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching and locking device for keeping
the gate or door securely closed at all times when not in actual use,
except that the door of the dwelling which forms a part of the enclosure
need not be so equipped.
(6)
The property or the immediate area in which is located any outdoor
pool capable of containing water 18 inches or more in depth shall
be completely surrounded by a fence, hedge or wall not less than four
feet in height, which fence may be so constructed as to have openings,
holes or gaps not larger than two inches in a horizontal dimension.
Should the wall of the pool be aboveground, the height of the required
fence may be reduced so that the total height of the wall of the pool
and the fence shall be not less than four feet. When located in a
required yard, any portion of the fence which exceeds four feet in
height shall have openings equal to 50% or more of the area over four
feet in height. When located in a required yard, such fence shall
not exceed eight feet in height.
O.
Townhouses. In districts where permitted, all townhouses shall comply
with the following:
(1)
There shall be not more than 12 units in a row.
(2)
Lot area per dwelling unit shall not be less than the area required
by the district regulations when served by both public water and sanitary
sewers.
(3)
When public water and sewers are not provided, the lot size shall
be increased in area as required by applicable state or municipal
regulations governing on-lot disposal systems.
(4)
All applicable provisions of this chapter.
P.
Automobile or gasoline service stations. In districts where permitted,
service stations shall be subject to the following safeguards and
regulations:
(1)
Hereafter, no service station shall be located nearer than 1,000
feet to the lot line of any school, hospital or nursing or convalescent
home.
(3)
All driveways and service areas shall be paved with a surfacing material
as approved by the municipality.
(4)
Driveway areas and service areas shall be distinguished from sidewalk
areas by painted lines.
(5)
Motor vehicles shall not be permitted to be parked or to stand on
sidewalk areas.
(6)
Minimum frontage on an interior lot shall be not less than 125 feet,
and on a corner lot on a side street not less than 100 feet, and the
front street not less than 125 feet.
(7)
Gasoline pumps shall be set not less than 25 feet from any lot line
and not less than 30 feet from any residential zone boundary line,
and shall be so located that vehicles stopped for service will not
extend over the property line.
Q.
Churches, hospitals, municipal buildings, schools and other public
and semipublic buildings. In districts where permitted, these uses
shall meet the following requirements:
(1)
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.
(2)
Lot coverage. Lot area covered by all buildings, including accessory
buildings, shall not be greater than 30% of the area of the lot.
(3)
Width regulations. The lot width at the required building 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.
(4)
Yard regulations. Each lot shall have yards not less than the following
depths or widths:
(5)
Height. The height of a building shall be not more than 35 feet, except as provided in § 120-12.
(6)
Off-street parking. Parking shall be provided in accordance with the provisions of Article XVI hereof. Portions of the required front yard setback may be used for off-street parking when authorized as a special exception.
(a)
Service and access drives shall be at least 15 feet wide and
not over 25 feet wide and shall be permitted to cross required yard
areas, provided that the center line of the permitted drive shall
not be a lesser angle to the street line than 60°.
(b)
If greater controls are established for the district in which
these uses are to be located, such control or controls shall take
precedent over any or all of the foregoing.
(7)
Existing structures cannot be remodeled, converted or otherwise used
for schools, hospitals, churches or other public uses until such plans
are presented to the Zoning Hearing Board together with approvals
as may be necessitated by state and local law and rules and regulations
of the Department of Labor and Industry, the State Department of Environmental
Resources[7] and others. If the Zoning Hearing Board finds any such
plans and proposals are not in conflict with the intent and purposes
of this chapter, such uses may be permitted.
[7]
Editor's Note: Said Department was split in 1995 into the
Department of Environmental Protection and the Department of Conservation
and Natural Resources.
R.
Bed-and-breakfast inns.
(1)
Bed-and-breakfast inns are only permitted in existing residential
structures. No modifications to the external appearances of the building
(except fire escapes), which would alter its residential character
shall be permitted.
(2)
Guest stays shall be limited to a maximum of 14 consecutive days.
(3)
A maximum of 10 guest rooms shall be permitted.
(4)
Breakfast or brunch shall be provided only to the guests of the establishment.
(5)
The operation of the inn shall be conducted so as to be clearly incidental
and accessory to the primary use as a single-family dwelling.
(6)
One parking space is required per guest room.
S.
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 the use 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 chapter.
T.
Location of sexually oriented businesses.
(1)
A person is guilty of a violation of this chapter if he or she operates
or causes to be operated a sexually oriented business outside of the
district in which a sexually oriented business is a permitted use.
No sexually oriented business shall be located outside a district
in which a sexually oriented business is a permitted use. "Sexually
oriented businesses," as defined herein, shall be permitted in the
Secondary Commercial (C-2), Light Industrial (I-1), and Heavy Industrial
(I-2) Districts as a special exception, provided that:
(a)
The applicant for special exception demonstrates that the proposed
use does not constitute a violation of Subsections (T)(1) through
(8) hereinafter set forth.
(b)
The applicant for special exception demonstrates that all other
provisions of this chapter are being met in relation to the zoning
district in which the proposed use is to be located.
(3)
A person is guilty of a violation of this chapter if he or she causes
or permits the operation, establishment, substantial enlargement or
transfer of ownership or control of a sexually oriented business within
500 feet of another sexually oriented business.
(4)
A person is guilty of a violation of this chapter if he or she causes
or permits the operation, establishment or maintenance of more than
one sexually oriented business in the same building, structure or
portion thereof; or the increase of floor areas of any sexually oriented
business in any building, structure or portion thereof containing
another sexually oriented business.
(5)
For the purpose of this section, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as a part of the
premises where a sexually oriented business is conducted to the nearest
property line of the premises of a public library, church or school
or to the nearest boundary of an affected public park.
(6)
For purposes of Subsection T(3) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(7)
Any sexually oriented business lawfully operating on the date of
enactment of this section that is in violation of Subsections (T)(1)
through (6) of this section shall be deemed a nonconforming use. Such
nonconforming uses shall not be increased, enlarged, extended or altered,
except that the use may be changed to a conforming use. In the event
that two or more sexually oriented businesses are within 500 feet
of one another and otherwise in a permissible location, the sexually
oriented business which was first established as continually operating
at a particular location is the conforming use and the later-established
business is nonconforming.
(8)
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the grant or renewal of the sexually oriented business permit, of
a public library, church, school or public park within 500 feet of
the sexually oriented business. This provision applies only to the
renewal of a valid permit and does not apply when an application for
a permit is submitted after a permit has expired or has been revoked.
(9)
Repealer. All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed; nothing contained in this subsection shall in any way change or modify the terms and provisions of Chapter 49, Conduct, Article III, Human Body Massage Establishments, of the Code of the Borough of Steelton.
U.
Wireless telecommunications facilities.
(1)
Purpose. In recognition of the quasi-public nature of personal wireless
service facilities, the purpose of this subsection is:
(a)
To regulate the placement, construction and modification of
communications and transmissions antennas and communications towers
to protect the public safety and welfare.
(b)
To accommodate the need for communications antennas while regulating
their location in the Borough.
(c)
To minimize adverse visual effects of antennas and communications
towers through proper design, siting, painting, and vegetative screening.
(d)
To encourage collocation of antennas and the use of existing
structures to reduce the number of such structures needed in the future.
(e)
To avoid potential damage to adjacent properties from communications
tower failure and falling ice or debris through engineering and proper
siting of communications towers.
(f)
To minimize any adverse effects of location and design of personal
wireless facilities on residential property values.
(g)
To ensure that antennas and communications towers will be removed
in the event that such structures are abandoned or become obsolete
and are no longer necessary.
(h)
To promote collocation of emergency services antennas.
(2)
Wireless communications facilities shall comply with the following
provisions in addition to any other and all other provisions of this
chapter or provisions of other ordinances of the Borough of Steelton
which may additionally pertain to wireless communications facilities:
(a)
Communications antennas may be attached to buildings or structures
(i.e., water tower or tall building) and shall be a permitted use
in all districts, provided that the following requirements are met:
[1]
Antennas shall not be installed on any property containing a
single-family or two-family residential dwelling.
[2]
Antennas shall not exceed the height of the existing structure
by more than 20 feet.
[3]
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
[4]
Directional or panel communications antennas shall not exceed
five feet in height or width with a maximum surface area of 15 square
feet.
[5]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit evidence from a Pennsylvania
registered professional engineer certifying that the proposed installation
will not exceed the structural capacity of the building or other structure,
considering wind, ice, and other loads associated with the antenna
location.
[6]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit detailed construction
and elevation drawings indicating how the antennas will be mounted
on the structure for review by the Borough of Steelton Code Enforcement
Office for compliance with the Borough of Steelton's Building Code
and other applicable law.
[7]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
[8]
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
[9]
Communications antennas shall not cause radio frequency interference
with other communications facilities located in the Borough of Steelton,
nor shall they create crosstalk or otherwise interfere with other
methods of telephone communication.
[10]
A communications equipment building shall be subject
to the height and setback requirements of the applicable zoning district
for an accessory structure.
[11]
The owner or operator of communications antennas
shall be licensed by the Federal Communications Commission to operate
such antennas.
[12]
Communications antennas and supporting electrical
and mechanical equipment must be of a neutral color that is identical
to or closely compatible with the color of the supporting structure
so as to make the antenna and related equipment as visually unobtrusive
as possible.
[13]
New communications antennas shall be collocated
on existing buildings or structures that contain existing communications
antennas unless the applicant demonstrates that a good faith effort
has been made to obtain permission to collocate the communications
antennas on an existing building or structure containing existing
communications antennas by showing evidence in writing that all owners
of such buildings and structures within a 1/4 mile radius of the proposed
communications antenna site have been contacted and that one or more
of the following reasons for not using such structure apply:
[a]
The proposed antennas and related equipment would
exceed the structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
[b]
The proposed antennas and related equipment would
cause radio frequency interference with other existing equipment for
that existing structure and the interference cannot be prevented at
a reasonable cost.
[c]
Such existing structures do not have adequate location,
space, access or height to accommodate the proposed equipment or to
allow it to perform its intended function.
[d]
Addition of the proposed antennas and related equipment
would result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
[e]
A commercially reasonable agreement could not be
reached with the owners of such structures.
(3)
Communications towers are permitted as a special exception in C-1
and C-2 Districts, provided that the following requirements are met:
(a)
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas.
(b)
Any applicant proposing construction of a new communications
tower shall demonstrate showing evidence in writing that a good faith
effort has been made to obtain permission to mount the communications
antennas on an existing building, structure or communications tower.
A good faith effort shall require that all owners of potentially suitable
structures within a 1/4 mile radius of the proposed communications
tower site be contacted and that one or more of the following reasons
for not selecting such structure apply:
[1]
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
[2]
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
[3]
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
[4]
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
[5]
A commercially reasonable agreement could not be reached with
the owners of such structures.
(c)
Communications towers shall be located a minimum of 500 feet
from any existing residential structure.
(d)
In all other respects, communications towers permitted under
this section shall comply with the requirements set forth for communications
towers in I-1 and I-2 Districts.
(4)
Communications towers are permitted in the I-1 and I-2 Districts
and shall comply with the following provisions in addition to other
ordinance provisions:
(a)
Yard regulations.
[1]
Communications towers shall be set back from all property lines
or lease lines the greater of a distance equal to 35% of the height
of the structure or to the yard setbacks applicable to the zoning
district in which the structure is to be located, whichever is greater.
[2]
Communications towers shall be set back a minimum of 500 feet
from R-1, R-2, R-3, C-1, and C-2 Districts, as well as 500 feet from
residential structures in all other districts.
[3]
Communications equipment buildings shall comply with the yard
requirements of the zoning district in which they are located.
(b)
Height regulations.
[1]
Communications towers, including attached antennas, shall be
kept to a minimum height needed to function in accordance with industry
standards. In case of co-usage, the communications structure height
may be adjusted to account for other users. In no case shall any communications
tower exceed a maximum height of 200 feet.
[2]
Communications equipment buildings shall comply with building
height requirements in the zoning district in which they are located.
(c)
Separation. A minimum of 10 feet shall be maintained between
any communications tower, or portion thereof, and all buildings except
the associated communications equipment building.
(d)
Access. Access shall be provided to the lot or leased parcel
on which the communications tower or communications equipment building
is located by means of a public street and/or easement to a public
street. The easement shall be a minimum of 20 feet in width and the
access shall be paved to a width of at least 10 feet for its entire
length.
(e)
Off-street parking. A minimum of one paved off-street parking space shall be provided on the lot or leased parcel on which the communications tower and/or communications equipment building is located. The required parking shall be in accordance with the provisions of Article XVI, Off-Street Parking, § 120-55, General regulations.
(f)
Fencing.
[1]
A fence shall be required around the equipment building(s) and
other equipment. The fence shall be a minimum of six feet in height
and a maximum of eight feet in height; shall completely enclose the
antenna, support structure and related facilities; shall not contain
openings greater than nine square inches; and shall contain, at all
entrances, gates which shall be locked except during such times as
the site is manned by authorized operations or maintenance personnel.
[2]
All guy wires associated with guyed communications towers shall
be clearly marked so as to be visible at all times and shall be located
within the fenced enclosure.
(g)
Landscaping. The following landscaping shall be required to
screen as much of the communications tower as possible, the fence
surrounding the tower and any other ground-level features (such as
a building) and in general soften the appearance of the personal wireless
service facility site. If the antenna is mounted on an existing structure
and other equipment is housed inside an existing structure, landscaping
shall not be required.
[1]
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted eight feet on center maximum).
The evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
[2]
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
[3]
Where buffer yards and screen planting are required elsewhere
in this chapter, the required screen planting shall be in addition
to the landscaping required in this subsection.
(h)
Communications tower color. Communications towers shall be painted
in a color that best allows blending into the surroundings, unless
otherwise required by the FAA regulations. The use of grays, blues,
and greens may be appropriate.
(i)
Communications tower equipment and accessory buildings. Accessory
buildings must conform to all requirements of the zoning district
in which the antenna and support structure are located.
(j)
Lighting. No signs or lights shall be mounted on a communications
tower, except as may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental agency which
has jurisdiction. Site lighting shall be allowed, provided such lighting
does not shine or reflect on adjacent properties.
(k)
Compliance and safety.
[1]
The applicant shall demonstrate that the proposed antenna and
communications tower are safe and the surrounding areas will not be
negatively affected by support structure failure, falling ice or other
debris.
[2]
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
[3]
All communications towers shall be fitted with anticlimbing
devices, as approved by the manufacturers.
[5]
Inspection. Beginning in December of 2003 and by December of
each odd-numbered year thereafter, the owner of the communications
tower shall have the tower inspected by an expert who is regularly
involved in the maintenance, inspection and/or erection of communications
towers. At a minimum, this inspection shall be conducted in accordance
with the Tower Inspection Class Checklist provided in the Electronics
Industries Association (EIA) Standard 222, Structural Standards for
Steel Antenna Towers and Antenna Support Structures. A copy of said
inspection report shall be provided to the Borough Code Enforcement
Office.
(l)
Removal. Any communications facility that is no longer in use
for its approved purpose shall be removed at the owner's expense.
The owner shall provide the Borough Code Enforcement Office with a
copy of the notice to the FCC of intent to cease operations. If the
facility remains unused for a period of six consecutive months, the
owner shall be given 90 days from the end of the six-month period
to remove the communications structure and all accessory structures.
In the case of multiple operators sharing use of a single communications
tower, this provision shall not become effective until all users cease
operations. The equipment on the ground is not to be removed, however,
until the tower portion of the communications facility has first been
dismantled and removed.
(5)
Where a communications tower and/or communications equipment building
are proposed as a use by special exception, application shall be submitted
to the Borough of Steelton Zoning Hearing Board. A plan shall be submitted
to the Planning Commission for review and its recommendations shall
be forwarded to the Zoning Hearing Board.
(6)
Prior to the issuance of a building permit for the erection of a communications tower or communications equipment building, applicants must receive approval of a land development plan from the Borough Council of the Borough of Steelton. The land development plan shall comply with the Code of the Borough of Steelton, Pennsylvania, Chapter 99, Subdivision and Land Development ("Steelton Subdivision Ordinance").
(7)
A formal land development plan shall not be required if the antenna
is to be mounted on an existing structure in accordance with the provisions
of this subsection.
(8)
Amateur radio. These regulations shall not govern any tower, or the
installation of any antenna that is under 70 feet in height and is
owned and operated by a federally licensed amateur radio status operator.
V.
No-impact home based businesses. No-impact home based businesses
shall be permitted in all residential districts as a use permitted
by right, except that such permission shall not supersede any deed
restriction, covenant or agreement restricting the use of land nor
any master deed, bylaw or other document applicable to a common interest
ownership community.
W.
Academic clinical research centers. In districts where permitted,
academic clinical research centers shall comply with the following:
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
(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 vehicles.
(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.
X.
Medical marijuana grower/processor.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
(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 medical marijuana grower/processor shall demonstrate to the satisfaction
of the Borough Zoning Officer that the floor area of its facilities
includes 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. The building envelope and maximum allowable
floor area shall be determined by applying the setback, parking, landscaping,
coverage, and building height requirements of the applicable zoning
district in which the facilities are to be located.
(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 by-products shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecured 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)
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.
(7)
Parking requirements will follow the parking schedule found in Article XVI, Off-Street Parking, § 120-56, Required facilities, Subsection B, Off-street parking space requirements, listed for manufacturing plants, research or testing laboratories, bottling plants.
[Amended 4-3-2017 by Ord.
No. 2017-2, approved 4-3-2017]
(8)
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
(9)
(10)
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.
Y.
Medical marijuana transport vehicle service.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
(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)
(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.
Z.
Medical marijuana dispensary.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
(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 be a maximum of 3,000 gross
square feet, of which no more than 500 square feet shall be used for
secure storage of products, 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. The above location prohibition may be adjusted
or waived to the extent and pursuant to the conditions, if any, a
medical marijuana dispensary seeks and receives from the DOH pursuant
to § 802(b) of the Medical Marijuana Act (35 P.S. § 10231.802(b)).
(10)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest medical marijuana facility. This
does not preclude 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)
(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.
A.
The height of any building may exceed the maximum permitted height
by one foot for each additional foot by which the width of each yard
exceeds the minimum yard regulation for the district in which the
building is located, except for those buildings which are controlled
by a floor area ratio.
B.
Height regulations shall not apply to spires, belfries, cupolas,
penthouses or domes not used for human occupancy, nor to chimneys,
ventilators, skylights, water tanks, bulkheads or utility poles or
towers, silos and ornamental or necessary mechanical appurtenances.
C.
For all residential uses, accessory buildings shall not exceed 14
feet in height.
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 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, provided the yard space is not less than the minimum specified
herein.
B.
The area, width and depth of lots shall provide adequate open space
for off-street loading, unloading and/or parking space and yards.
C.
Lots not served by a public sewer system shall be of the dimensions
and area necessary to provide for all the requirements for on-site
sewage disposal systems established by the Pennsylvania Department
of Environmental Resources.[1] Specific lot sizes shall be determined on the basis of
percolation tests as required by the Pennsylvania Department of Environmental
Resources. Reports on said percolation tests shall be submitted to
the Zoning Officer.
[1]
Editor's Note: Said Department was split in 1995 into the
Department of Environmental Protection and the Department of Conservation
and Natural Resources.
A.
Front yards.
(1)
When a vacant lot is situated between two lots each occupied by a
principal building (within 25 feet of the side lot line of such vacant
lot), which building extends into the required front yard, the front
yard of such vacant lot may be the average depth of the front yards
of such two adjacent occupied lots.
(2)
Where a vacant lot adjoins only one lot occupied by a principal building
(within 25 feet of the common side lot line), which building extends
into the required front yard of such occupied lot, the front yard
depth of such vacant lot may be the average depth of the front yard
of such adjacent lot and the front yard required for the district
in which such vacant lot is located. However, the second vacant lot
from the original occupied lot must have at least the minimum front
yard depth required in the district.
(3)
An accessory building shall not be erected or substantially altered
within any front yard.
(4)
Parking shall not be permitted in front yards in residential districts,
except on a lawful service or access drive.
B.
Side yards.
(1)
On a corner lot, 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.
(2)
On a lot held in single and separate ownership at the effective date
of this chapter with a lot width less than required for the zone district,
only one single-family dwelling may be erected, and side yards shall
be provided according to the following requirements.
(a)
On interior lots with a width of 50 feet or more, two side yards
shall be provided as required by the district regulations.
(b)
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 the required interior side yard.
The interior side yard shall be provided as required by the district
regulations.
(c)
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.
(d)
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.
(e)
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.
(3)
On a lot, in a commercial or industrial district, held in single and separate ownership at the effective date of this chapter, with a lot width less than required for the zone 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 B(2) above for residential structures.
(4)
An accessory building may be erected within one of the side yards
or within the rear yard, provided that:
(a)
Such accessory building shall be not less than 10 feet farther
back from the front lot line than the rearmost portion of the main
building.
(b)
Where such side or rear yard is along an alley, the accessory
building shall be located not less than five feet from the alley.
(c)
When not constructed on the side or rear lot line, the accessory
building shall be located not less than five feet from such lot line.
(d)
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.
(e)
When an accessory building is erected within the side or rear
yard adjacent to a side street on a corner lot, the accessory building
shall be not less than the required front yard depth from the exterior
side lot line.
(f)
On a corner lot in any residential district, an accessory building
shall not be erected within 30 feet of the exterior side lot line
(street line); provided, however, that when the main building exists
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.
(5)
A carport, open on three sides, may be erected within one of the
side yards when attached to a main building existing at the effective
date of this chapter, provided that the carport shall be not less
than three feet from the side lot line.
C.
Buffer yards.
(1)
Where a commercial or manufacturing use adjoins a residential district,
a buffer yard of a width as hereinafter required shall be provided
along the lot lines in addition to the yards required for the district
in which it is located. Minimum required width for buffer yards shall
be as follows:
(2)
All buffer yard areas shall be planted and maintained with a plant
material, and in C-1, C-2, I-1, and I-2 Districts, a screen planting
shall be planted and maintained to the full length of side and rear
lot lines which do not abut streets.
(3)
In R-1, R-2, and R-3 Districts, screen planting shall be planted
and maintained in the required buffer yards.
(4)
Buffer yards shall not be used for parking.
(5)
Buffer yards other than interior side buffer yards may be crossed
by access roads, service drives and utility easements not more than
35 feet in width, provided that the angle of the center line of the
road, drive or easement crosses the lot line and buffer yard at not
less than 60°.
(6)
If a front yard of 30 feet or more in depth is provided, the buffer
yard may coincide with the front 30 feet of the front yard.
D.
Projections in yards.
E.
Obstruction to vision.
(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)
On corner lots, no wall, fence, sign or other structure in excess
of 3 1/2 feet in height shall be erected or altered and no hedge
or growth in excess of 3 1/2 feet in height shall be permitted
within 25 feet, in any direction, of the intersection of street right-of-way
lines.
F.
Fences and walls.
(1)
Fences and walls may be erected, altered and maintained within the
yards, provided that any such fence or wall in the front yard shall
not exceed 3 1/2 feet in height. Any fence or wall in the side
or rear yard may be six feet or more in height, provided that any
fence or wall exceeding six feet in height shall contain openings
therein equal to 50% of that portion of the fence or wall exceeding
six feet.
(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 or screen planting
on all sides which face upon a lot in a more restricted zone.
Courts shall conform to the following requirements:
A.
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
business district, wherever any room therein, in which a person or
persons live, sleep or congregate, cannot be adequately lighted and
ventilated. Such court shall be adjacent to such rooms, the windows
of which shall open in such court. This section shall not apply to
specialized commercial or manufacturing processes where controlled
light and/or ventilation are required.
B.
Outer court.
(1)
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 § 120-15B(2). However, when the depth of such court is less than six feet, the minimum width may be as little as twice the depth.
(2)
The depth of an outer court formed by walls on three sides shall
be not greater than 1 1/2 times the width.
(3)
The width of an outer court shall be not less than 2/3 the height
of any opposing wall forming said court.
C.
Inner court.
(1)
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.
(2)
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 access
to a street.
The minimum habitable floor area of a dwelling unit hereafter
erected shall be 600 square feet. In the case of apartment houses,
the minimum habitable floor area shall be not less than 300 square
feet per apartment, except those apartments designed for and occupied
exclusively by one person, which apartments shall each contain not
less than 150 square feet of habitable floor area.
A.
The illumination of any sign shall be arranged in such a manner that
the direct rays of light source shall not enter any residential building
or fall within the right-of-way of any street or highway.
B.
The illumination of the exterior grounds of commercial and industrial
establishments shall be arranged in such a manner that the direct
rays of the light source shall not enter any residential building
or fall within the right-of-way of any street or highway.
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.
A.
All methods and plans for the on-lot disposal of sewage or wastes
shall be designed in accordance with all applicable regulations pertaining
to the treatment and disposal of sewage and wastes. A certificate
or statement of adequacy from the appropriate agency, or the Pennsylvania
Department of Environmental Resources,[1] shall be a prerequisite to the issuance of a zoning permit.
[1]
Editor's Note: Said Department was split in 1995 into the
Department of Environmental Protection and the Department of Conservation
and Natural Resources.
B.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance which can contaminate a stream
or watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation or which will destroy aquatic
life be allowed to enter any stream or watercourse.
C.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors unless enclosed in
containers which are adequate to eliminate such hazards.
Hereafter, all uses of land, buildings and structures or industrial
processes shall be prohibited that may be noxious or injurious by
reason of the production or emission of dust, smoke, refuse matter,
odor, gas fumes, noise, vibration or similar substances or conditions;
provided, however, that any uses may be permitted, except those specifically
prohibited in the district regulations or general provisions, if adequate
provisions and safeguards to protect the health, safety, morals and
the general welfare of the community are established by a written
agreement, subject to the securing of a permit therefor and subject
to the carrying out of such provisions, restrictions and safeguards.
A building may be erected or used and a lot may be used or occupied
only when in conformity with the following regulations:
A.
Obstructions. The following shall not be placed or caused to be placed
in a stream channel or open drainageway: fences, except two-wire fences;
other structures or matter which may impede, retard or change the
direction of the flow of water in such stream or open drainageway
or that will catch or collect debris carried by such water, or that
is placed where the natural flow of the stream would carry the same
downstream to the damage or detriment of either public or private
property adjacent to the said stream or open drainageway.
B.
Structure effect. Any structures permitted shall be constructed and
placed on the lot so as to offer the minimum obstruction to the flow
of water, and shall be designed to have a minimum effect upon the
flow and height of floodwater.
C.
Structure anchoring. Any structure permitted shall be firmly anchored
to prevent the structure from floating away, thus threatening life
or property downstream, or to further restrict bridge openings and
other restricted sections of the stream or drainageway.
D.
Private sewage disposal systems. Private sewage disposal systems
shall not be constructed within a stream or drainageway.
E.
Municipal liability. The granting of a zoning permit in any floodplain
district shall not constitute a representative guaranty or warranty
of any kind or nature by the municipality or by an official or employee
thereof of the practicability or safety of any structure, use or other
plan proposed, and shall create no liability upon or cause of action
against such public body, official or employee for any damage that
may result pursuant thereto.
F.
Installation of fill materials.
(1)
Fill may be placed at and within the outer line of a modified stream
or drainageway when approved as a special exception by the Zoning
Hearing Board and subject to the following conditions:
(a)
Satisfactory evidence shall be submitted to the Board indicating
that the cross-sectional area of the modified stream or drainageway
will not be significantly reduced.
(b)
Satisfactory evidence shall be submitted to the Board indicating
that there will be no adverse flooding conditions created by the proposed
fill.
(c)
Permission shall be obtained for the proposed fill from the
Division of Encroachments of the Water and Power Resources Board of
the Pennsylvania Department of Environmental Resources,[1] pursuant to the state regulation of water obstructions.
[1]
Editor's Note: Said Department was split in 1995 into the
Department of Environmental Protection and the Department of Conservation
and Natural Resources.
(d)
Under no circumstances shall any fill be placed within the floodway
portion of any floodplain.
(2)
When fill is used:
(a)
It shall extend laterally 15 feet beyond any building line from
all points.
(b)
It shall consist of soil or small rock materials only. Sanitary
landfills shall not be permitted.
(c)
The fill material shall be compacted to provide the necessary
permeability and resistance to erosion, scouring or settling.
(d)
No fill slopes shall be steeper than one vertical or two horizontal,
unless substantiating data justifying steeper slopes are submitted
to and approved by the Zoning Officer.
(e)
It shall be used only to the extent to which it does not adversely
affect adjacent properties.
G.
State regulations. All regulations of the Commonwealth of Pennsylvania
governing stream encroachments shall remain in full force and effect.
In cases of inconsistency with regulations of this chapter, the more
restrictive provisions shall govern.
H.
Reduction of lot area. Where the configuration of a stream and drainageway
is such that minimum lot area or width regulations cannot be reasonably
met, adjacent land within other districts may be applied to meet requirements.
In such cases, the largest lot area and width of the district involved
shall apply. All other district regulations shall remain in force.
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.
