This article contains provisions which qualify or supplement
the district regulations appearing elsewhere in this chapter.
Accessory buildings, structures or uses shall only be constructed
on a lot containing a principal structure or use. No use of an accessory
building will be permitted until completion of the permitted principal
building or use. Unless specified elsewhere in this chapter, accessory
buildings, including, but not limited to, detached garages, shall
comply with the following:
A. Detached private garage for no more than three automobiles shall
be permitted in any district.
B. Detached accessory structures, buildings shall not exceed 16 feet in height in all residential districts except as noted in Subsection
H.
C. Attached accessory buildings shall not exceed the height of the principal
structure.
D. Temporary buildings and structures are not permitted, except as otherwise
permitted in this article.
E. No detached or freestanding accessory building or structure shall be located within any required front yard, except fences and walls in accordance with §
260-153.
F. An accessory building or structure may be erected in the side or
rear yard, provided that such building is entirely separated from
the principal building by a minimum distance of 10 feet and is located
farther back from the front street line than the front most portion
of the principal building.
G. An accessory building shall have a maximum area no larger than 300
square feet in ground floor area, with the exception of accessory
garages, which shall not exceed 1,000 square feet.
H. An accessory building may be erected within the rear yard, provided
where such rear yard is along an alley or adjacent to another lot,
the accessory building shall be located not less than five feet from
such side or rear lot line.
I. Any accessory building or structure erected, set or placed less than
10 feet from the principal or main building shall be attached to the
principal or main building and shall be considered as part of that
structure.
J. An existing nonconforming accessory building or structure may be
repaired or completely removed, but shall not be expanded or substantially
altered.
K. No dwelling unit shall be permitted in any basement, cellar or any
other accessory building or structure except that a dwelling unit
having a minimum of 450 square feet of habitable floor area may be
constructed above an existing detached garage(s) or accessory building
with nonhabitable floor area on the ground level up to a maximum of
two stories above grade. Conversion of ground level nonhabitable floor
area into habitable floor area creates a principal building.
L. Accessory uses include but are not limited to swimming pools, greenhouses
and tennis courts.
M. The use of nontraditional storage units, including those commercially
known as "PODS®" or enclosed container of a box trailer with or
without wheels, shall be permitted on a temporary basis subject to
the following:
(1)
Units shall be permitted for a maximum period of 60 days in
any one calendar year. This period may be extended upon written request
to the Zoning Officer for a period not exceeding 180 days.
(2)
The enclosed container of a box trailer with wheels may be used
for temporary construction storage for the period for which a valid
building permit has been issued. Such units shall be licensed and
located in accordance with the required accessory use setback of the
zoning district in which the property is located.
(3)
The container of a box trailer, with or without wheels, shall
not be used for permanent storage in any zoning district.
(4)
A zoning permit must be obtained from the Zoning Officer.
Each dwelling unit shall not have less than 650 square feet
of habitable floor area, except that efficiency units intended for
occupancy by not more than two persons shall have not less than 450
square feet of habitable floor space.
In any district, including a residential planned development
district, a building may be erected, altered or extended and land
may be developed which is arranged, intended or designed for municipal
uses, including firehouses of volunteer fire companies and municipal
recreation uses.
Solar collectors and solar-related equipment shall be permitted
in any zoning district as an accessory use to a building or as a detached
accessory structure and may be installed upon receipt of the necessary
construction, electrical and/or mechanical permit(s).
A. No solar energy system or equipment shall be permitted to be located
between the principal building and the public street (excluding alleys)
or within any required front yard area.
B. To the extent applicable, the solar energy system shall comply with
the Pennsylvania Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Department
of Labor and Industry.
C. There shall be no commercial use of solar energy collectors, except
in the M-1 Manufacturing District as noted below. Solar energy collectors
shall be subject to the following conditions:
(1)
Solar energy collectors shall not generate in excess of 125%
of the estimated need of the principal use of the property.
(2)
The solar energy collectors shall be connected to the public
utility grid. Energy generated in excess of the requirements of the
principal use of the property may be purchased or acquired by a public
utility in accordance with the law or other government regulations.
(3)
The area of any residential solar collection system shall not
exceed 500 square feet cumulatively. In the M-1 district, the cumulative
area of the solar energy system shall be considered as building coverage.
(4)
A roof-mounted solar collector shall not extend beyond the existing
overhangs of the structure to which it is attached.
(5)
A roof-mounted solar energy system shall conform to the height
regulations of the zoning district where the solar energy system is
installed.
(6)
No point on a ground-mounted solar collector or its support
structure shall exceed a height of 15 feet.
(7)
All exterior electrical and/or plumbing lines on a ground-mounted
system must be buried below the surface of the ground and be placed
in a conduit.
(8)
Ground-mounted solar collectors shall comply with the setback
requirements of the underlying zoning district.
(9)
Nonfunctioning solar energy collectors shall be repaired or
replaced within three months of becoming nonfunctional.
D. A solar energy collection system shall be located to ensure solar
access without reliance on adjacent properties.
(1)
Where necessary to ensure that solar access is not obstructed
over time by permissible uses on adjacent properties (i.e., planting
and growth of landscape vegetation or new construction), it shall
be the responsibility of the owner of the solar energy collector to
obtain appropriate solar access easements from the neighboring property
owner(s).
(2)
It shall be the responsibility of the owner of the solar energy
collector to notify the Borough upon the recording of the solar access
easement and to record such easement in the Dauphin County Recorder
of Deeds.
E. No person shall install any solar energy system for a building or
structure, either residential or commercial, within the Borough without
first obtaining a permit from the Borough.
F. The design of the solar energy system shall conform to applicable
industry standards.
[Amended 4-20-2015 by Ord. No. 1314, approved 4-20-2015]
The temporary storage of portable dumpsters and bulk materials,
including, but not limited to, stone, mulch, firewood, and building
materials within the public right-of-way shall be prohibited.
In all residential districts, no dwelling unit may be established
on any street having less than a twenty-foot cartway.
[Added 4-20-2015 by Ord.
No. 1314, approved 4-20-2015]
A. Any permanent closure, pursuant to Pennsylvania Department of Environmental
Protection regulations, of an aboveground or underground petroleum
or petroleum derivative storage tank or tank system shall include
the removal of the tank or tank system in its entirety, including
all associated pipes, and further, including tank(s) discovered by
chance during removal. All aboveground or underground petroleum or
petroleum derivative storage tanks or tank systems to which Pennsylvania
Department of Environmental Protection regulations do not apply shall
be removed in their entirety, including all associated pipes, and
further, including tank(s) discovered by chance during removal, upon
a cessation of use of the tank or tank system. A period of six months
of continuous nonuse of the tank or tank system shall presumptively
constitute cessation of use.
B. Removal of out-of-service storage tanks shall be in compliance with
all applicable requirements of the Pennsylvania Department of Environmental
Protection and local Fire Marshal, including, without limitation,
notifying the Pennsylvania Department of Environmental Protection,
where applicable, and the Fire Marshal of the intent to remove a minimum
of 30 days prior to undertaking any activity to disturb or move the
tank or tank system.
C. Any disputes concerning location of an existing tank or tank system
that may straddle a property line shall be resolved by the two abutting
property owners and not by the Borough.
D. All costs or responsibilities associated with complying with this
chapter shall be the full responsibility of the owner(s) of the storage
tank(s) or tank system(s) and property, not the Borough, regardless
of the tank location on site, whether within public right-of-way,
easement or inside structure, unless any law of the Commonwealth of
Pennsylvania preempts this provision. Disputes over these costs shall
not delay removal and shall not involve the Borough.
E. All disturbed areas within a public right-of-way shall be returned
to meet or exceed their original predisturbed condition. Surety in
the form of a certified check, bond or letter of credit, in a form
acceptable to the Borough, may be required for any disturbance occurring
within a public right-of-way. Removal of any tank or associated piping
located within a public right-of-way, as well as restoration of any
disturbed area of a public right-of-way, shall require written approval
from the Borough Engineer, the Pennsylvania Department of Environmental
Protection, if applicable, and the Fire Marshal.
F. The owner of the tank or tank system shall provide sufficient evidence
to the Borough proving that the tank and tank system has not released
products which have resulted in or which could result in the contamination
of the surface water or groundwater. At a minimum, such evidence shall
include any testing or documentation required by the Pennsylvania
Department of Environmental Protection.
G. Abandonment or closure-in-place of tanks and tank systems is prohibited
unless removal is physically not possible. The physical impossibility
of removal must be determined and approved, in writing, by the Pennsylvania
Department of Environmental Protection, where applicable, and the
Fire Marshal.
H. In the case of tanks or tank systems subject to Pennsylvania Department
of Environmental Protection regulation, the removal required under
this section of this chapter shall be completed within 60 days of
written certification from the Pennsylvania Department of Environmental
Protection that the tank and tank system are empty, clean, secure
and that there is no spillage to be remediated. In the case of tanks
or tank systems not subject to Pennsylvania Department of Environmental
Protection regulation, the removal required under this section of
this chapter shall be completed within 60 days of the cessation of
use of the tanks or tank systems. The Borough, upon written request,
and in its sole discretion, may permit an additional thirty-day period
or periods for the removal of the tanks or tank systems to be completed
in either of the above cases, but only if doing so is in compliance
with applicable Commonwealth of Pennsylvania requirements and is approved
by the Fire Marshal.