Unless otherwise specified elsewhere in this chapter, the regulations contained in this Article VII of this chapter shall apply to all uses within the Lemoyne Borough.
[Amended 2-6-2014 by Ord.
No. 720]
In all zoning districts, accessory buildings and/or similar
structures, including, but not limited to, detached garages, carports,
barns, storage buildings, sheds, garden structures, etc., are permitted,
subject to the following criteria:
A.
Accessory buildings and similar structures shall not be erected,
set, placed or otherwise permitted to be constructed upon a lot until
the construction of the principal use has actually begun, except as
provided in this subsection and elsewhere in this chapter:
(1)
One accessory building or similar structure may be erected, set,
placed or otherwise permitted to be constructed upon a vacant lot
in accordance with the following:
(a)
Said accessory building or similar structure shall:
[1]
Be less than 10 feet in height.
[2]
Have a building footprint of less than 100 square feet.
[3]
Not be located upon a permanent foundation.
[4]
Be located within 20 feet of the rear lot line.
[5]
Be set back at least two feet from any side or rear lot line.
[6]
Rear setbacks increase to five feet if rear yard does not abut
a street.
B.
Accessory buildings and similar structures shall be located no closer
than five feet to the closest point of any exterior wall of the principal
building on the same lot; otherwise, they shall be attached to the
principal building and shall be considered as part of that principal
building.
C.
Accessory buildings and similar structures shall comply with the
yard, setback, and other dimensional requirements of the applicable
zoning district relating to accessory buildings and similar structures,
except as otherwise provided for in this section:
(1)
For accessory buildings and similar structures located in the residential
zoning districts or mixed-use zoning districts on a lot with a residential
use upon it:
(a)
No more than two accessory buildings or similar structures may
be located on a lot used for single-family dwellings and two-family
dwellings.
(b)
The gross floor area for all accessory buildings and similar
structures shall not exceed 100% of gross floor area of the principal
building.
(c)
Accessory buildings and similar structures that are less than
10 feet in height, have a building footprint of less than 144 square
feet, and which are not located upon a permanent foundation, shall
be set back at least two feet from any lot line.
(d)
When a private garage, carport, and other similar enclosed structures
that is designed for the parking and/or storage of motor vehicles,
abuts and has direct access to a minor access street, such structures
shall be set back at least five feet from the minor access street
right-of-way or 15 feet from the center line of the minor access street,
whichever is greater.
(e)
For lots containing single-family semidetached dwellings and/or
single-family attached dwellings, accessory buildings and similar
structures may be attached to similar accessory buildings and similar
structures on abutting lots and may have the same side setback as
the principal building at the shared lot line, provided that the owner
of the abutting lot and building provides notarized, written consent.
(f)
Accessory buildings and similar structures that can be described
as "children's swing sets," "children's play equipment," "tree houses"
and "play houses," shall be set back at least two feet from any lot
line.
(2)
The total building footprint of all accessory buildings or similar
structures on a lot shall not exceed the building footprint of the
principal structure on the same lot.
In all zoning districts, all uses as applicable, must comply
with Borough building, health, housing, rental, safety, property and
other applicable local, county, state, and federal code and licensing
requirements. All such licenses, certificates, and permits shall have
been obtained and presented to the Borough, or shall be a condition
of approval.
In all zoning districts, except that accessory wind energy systems
which shall only be permitted in the IND Zoning District, all accessory
energy systems shall be permitted, subject to the following criteria:
A.
Accessory solar energy systems.
(1)
The design and installation of solar energy systems shall conform to Chapter 200 relating to code enforcement, and with all other applicable Borough electrical, fire, life safety, and other similar standards.
(2)
The design and installation of solar energy systems shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories, the
American Society for Testing and Materials (ASTM), or other similar
certifying organizations. The manufacturer's specifications shall
be submitted as part of the application.
(3)
All solar energy systems shall be designed and located to ensure
solar access without reliance on or interference from adjacent properties.
(4)
All solar energy systems shall be designed and located to prevent
reflective glare toward any inhabited structure on adjacent properties
as well as adjacent street rights-of-way.
(5)
All on-site utility and transmission lines that are part of the solar
energy system shall, to the maximum extent feasible, be placed underground.
(6)
All solar energy systems shall, to the maximum extent feasible, be
inconspicuously sited when viewed from adjacent street rights-of-way.
(7)
All solar energy systems should, to the maximum extent feasible,
be sited so that tree removal is not required.
(8)
Roof- and wall-mounted solar energy systems shall be sited in accordance
with the following:
(a)
Solar energy systems located on the roof of any structure shall
not extend beyond the existing overhangs of the structure's roof.
(b)
Solar energy systems located on a pitched roof of any structure
shall not extend vertically above the highest point (peak) of the
pitched roof of the structure, as viewed from the lot line.
(c)
Solar energy systems located on a roof of any structure shall
be the same slope as, or parallel to, the pitched roof.
(d)
Solar energy systems located on a flat roof shall not exceed
15 feet in height above the height of the roof. In all zoning districts,
such facilities shall be screened by parapets, walls, fences, or other
approved means as viewed from the lot line, except for the general
business and other zoning districts.
(e)
All solar energy systems mounted on roofs and walls of any structure
shall be subject to the maximum height regulations specified within
the applicable zoning district.
(f)
No solar energy system shall be attached to, or sited along
the front facade (wall) or front building line of any principal building.
(9)
If the solar energy system is unable to be located on a roof or a
wall of a structure as is preferred, then placement of freestanding,
ground-mounted solar energy systems shall be provided in accordance
with the following:
(a)
In addition to any yard and setback requirements set forth in
this section, all freestanding, ground-mounted solar energy systems
shall comply with all yard and setback requirements for accessory
structures in the applicable zoning district.
(b)
All freestanding, ground-mounted solar energy systems shall
be set back from all property lines and street rights-of-way a distance
equal to the total height of the solar energy system.
(c)
Freestanding, ground-mounted solar energy systems shall not
exceed 15 feet in height.
(d)
For purposes of determining the maximum surface area of all
freestanding, ground-mounted solar energy systems, the maximum surface
area shall be considered the total surface area of the cumulative
solar panels; where two or more panels are grouped together, the total
dimensions (length and width) of each panel shall be the cumulative
dimension of the panels. The maximum surface area of all freestanding,
ground-mounted solar energy systems on any lot in:
(10)
All applications for solar energy systems shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:
(a)
A completed glare study ensuring that reflective glare is not
directed towards nor upon any adjacent properties or adjacent street
rights-of-way. The glare study shall include:
[1]
Angle of the solar collector system panels, arrays, cells, etc.,
at the location.
[2]
A diagram showing the maximum and minimum angles of reflective
glare from the solar collector system panels, arrays, cells, etc.,
at the location and the relationship of that glare to adjacent properties,
structures and rights-of-way.
[3]
Mitigation plan that limits or eliminates reflective glare on
adjacent properties, structures, and rights-of-way.
(b)
Certification from a qualified professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the proposed installation of the solar energy system will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy system, and applicable requirements of Chapter 200 relating to code enforcement.
(c)
Confirmation that the public utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
(11)
Prior to the issuance of a permit for the installation of a
solar energy system, the applicant shall provide the Zoning Officer
with written confirmation that the public utility company has been
informed of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
B.
Accessory wind energy systems.
(1)
The design and installation of wind energy systems shall be in strict accordance Chapter 200 relating to code enforcement, and with all other applicable Borough electrical, fire, life safety, and other similar standards.
(2)
The design and installation of all wind energy systems shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories, Det
Norske Veritas, Germanischer Lloyd Wind Energies, the American Society
for Testing and Materials (ASTM), or other similar certifying organizations,
or as approved under an emerging technology program (e.g., the California
Energy Commission, International Electotechnical Commission), or any
other wind certification program recognized by the American Wind Energy
Association (AWEA) or the U.S. Department of Energy. The manufacturer's
specifications shall be submitted as part of the application.
(3)
All on-site utility and transmission lines as part of the wind energy
shall system shall, to the extent feasible, be placed underground.
(4)
All wind turbines shall have a flat finish and nonobtrusive colors
(e.g., white, off-white, or gray) as applied by the manufacturer in
order to reduce the visual impact to the extent feasible.
(5)
All wind turbine towers shall be painted silver or have a galvanized
finish retained in order to reduce the visual impact to the extent
feasible. Towers may be painted green or brown up the height of nearby
trees.
(6)
All wind energy systems shall be equipped with manual-electronic
or mechanical and automatic overspeed controls to limit the blade
rotation speed to within the design limits of the wind energy system.
(7)
Wind energy systems shall not be installed in any location where
they would interfere with existing fixed broadcast, re-transmission,
or reception antenna. This includes interference with residential
radio, television, or wireless phone, or other personal communication
system reception. No wind energy system shall be installed in any
location along the major axis of an existing microwave communication
link where its operation is likely to produce electromagnetic interference
in the link's operation.
(8)
All wind energy systems shall, to the extent feasible, be sited to
prevent shadow flicker on any adjacent properties as well as any adjacent
street rights-of-way.
(9)
Noise from wind turbines shall comply with Article VII of this chapter relating to performance standards for all uses. The maximum decibel level may be exceeded during short-term events (e.g., utility outages and/or severe wind storms).
(10)
In addition to any yard and setback requirements set forth in
this section, all wind energy system shall comply with the yard and
setback requirements for accessory structures in the applicable zoning
district.
(11)
Wind turbines shall be set back a distance equal to 1 1/2
times the total height of the wind turbine from all property lines,
streets and other rights-of-way, and overhead utility lines.
(12)
The maximum height of wind energy systems shall not exceed the
height limitations of the applicable zoning district by more than
15 feet.
Figure 550-7-1 Wind Turbine Height Example
|
Figure 550-7-2 Wind Turbine Configuration Example
|
(13)
For all wind energy systems not otherwise mounted on a roof,
unauthorized access to the turbine and tower shall be prevented by
design, with a minimum of 12 feet from the ground to the bottom of
the ladder. All doors to turbine and tower shall be locked.
(14)
The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground. If the wind turbine proposed is
a vertical axis wind turbine (also referred to as a "helix type" turbine
or VAT), the height between the lowest point of the turbine and the
ground may be reduced to eight feet.
(15)
Wind energy systems shall not be lighted, except to comply with
applicable Federal Aviation Administration (FAA) regulations.
(16)
No portion of any wind energy system shall extend over parking
areas, access drives, driveways or sidewalks.
(17)
Wind energy systems shall not display advertising, except for reasonable identification of the wind energy system's manufacturer. Such sign shall have an area of less than four square feet and shall otherwise comply with Article VIII of this chapter.
(18)
When an accessory building or structure is necessary for storage
cells or related mechanical equipment, the accessory building shall
comply with the accessory building and structure requirements specified
within the applicable zoning district.
(19)
All applications for wind energy systems shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:
(a)
A plot/site plan showing:
[1]
Property lines and physical dimensions of all areas of the subject
property that are within a distance equal to two times the total height
of the wind energy system.
[2]
Location, dimensions, and types of existing principal and accessory
structures on the property.
[3]
Location of the proposed wind energy system tower, foundations,
guy anchors, and associated equipment.
[4]
The rights-of-way of any public street abutting the property.
[5]
Any overhead utility lines.
(b)
Wind energy systems system specifications, including manufacturer
and model, rotor diameter, tower height, and tower type: freestanding
or guyed.
(c)
Certification from a qualified professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of Chapter 200 relating to code enforcement. A copy of the foundation analysis shall also be provided.
(20)
Prior to the issuance of a permit for the installation of a
wind energy system, the applicant shall provide the Zoning Officer
with written confirmation that the public utility company has been
informed of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
In all zoning districts, for uses other than single-family detached,
single-family semidetached, and two-family dwellings, appurtenant
service structures and areas including solid waste dumpsters, trash
and refuse bins, and recycling containers; propane tanks; air-conditioning
units and condensers, except window units; generators; electrical
transformers; and other similar appurtenant equipment or elements
providing essential services to a building or lot are permitted, subject
to the following criteria:
A.
Appurtenant service equipment, structures, and areas including solid
waste dumpsters, refuse and recycling containers, propane tanks, air-conditioning
units and condensers, except window units, electrical transformers
and other equipment or elements providing essential services to a
building or a lot shall not be located:
(1)
In the front yard between the principal building and the public street,
excluding minor access streets, or within any required front setback
in the residential zoning districts or mixed-use zoning districts;
(2)
In any required accessory use or structure setback, excluding those
lot lines abutting any minor access street, or a required buffer yard;
(3)
In any area of a parking lot that causes obstructed access to designated
parking spaces; nor
(4)
Within 10 feet of the residential zoning districts or an existing
residential use in the mixed-use zoning districts.
B.
In addition to the following requirements, all service structures and areas shall be screened on all sides with a minimum of 100% opacity in accordance with Article VII of this chapter relating to buffer and screening regulations.
(1)
Required screening shall enclose any service structure on all sides
unless such structure must be frequently moved, in which case, screening
on all but one side is required.
(2)
Fencing, if erected, shall be constructed of the same color and material
as the principal building of a lot, but may be a decorative masonry
wall, excluding exposed "cinder block." If solid weather-resistant
wood or material of similar appearance (e.g., white vinyl vertical
planks) is used, vegetative screen planting shall also be provided.
The fence or wall shall include a self-latching door or gate. In no
case shall "chain link" material or pattern fencing be used for screening.
(3)
The average height of the screening shall be one foot more than the
height of the enclosed structure, but shall not be required to exceed
eight feet in height unless specified otherwise by this chapter.
(4)
When a service structure is located adjacent to a building wall,
perimeter landscaping material may fulfill the screening requirements
for that side of the service structure if that wall or screening material
is of an average height sufficient to meet the height requirement
set forth in this section.
(5)
Although service structures may be screened by plant material, such
plant material may not count towards the fulfillment of any required
landscaping.
(6)
Whenever screening material is placed around any solid waste or trash
disposal unit that is emptied or removed mechanically on a regular
basis, a fixed barrier (e.g., mounted metal brackets) to contain the
placement of the container shall be provided within the screening
on those sides where there is such material. The barrier shall be
at least 18 inches from the screening and shall be of sufficient strength
to prevent possible damage to the screening when the container is
moved. The minimum front opening of the screening shall be 12 feet
to allow service vehicles access to the container.
C.
Kitchen windows capable of being opened, and ventilation equipment
outlets and other similar equipment associated with food service,
restaurants, taverns/bars, and other similar food and drink service
uses shall not be located or oriented directly toward any abutting
property in the residential zoning districts or existing residential
use in the mixed-use zoning districts.
D.
All ventilation equipment outlets, fume collection, and other similar
equipment associated with any service/repair work area(s) and/or service/repair
bay doors/openings for nonresidential uses, shall not be located or
oriented directly toward any abutting property in the residential
zoning districts or existing residential use in the mixed-use zoning
districts.
E.
For all nonresidential uses, mixed uses, and multifamily dwelling
uses in the residential zoning districts or mixed-use zoning districts,
all rooftop-mounted equipment and other similar appurtenances including
stairwells, air-conditioning units, large vents, heat pumps, and mechanical
equipment, shall to the maximum extent feasible, be inconspicuously
sited on the roof, screened via use of parapets, walls, fences, landscaping,
or other approved screening, or integrated be within the roof form,
so as to not be viewed from adjacent street rights-of-way, excluding
minor access street. When fencing is proposed to be used as a rooftop
equipment screen, it shall be designed to be architecturally compatible
with the principal building, including design, materials, and colors.
F.
The locations of all service structures and screening shall be shown
on all site plans and land development plans submitted to the Borough.
G.
This section shall not apply to dumpsters temporarily placed during
actual construction or demolition on the premises.
|
Figure 550-7-3 Appurtenant Service Equipment Screening
and Location for Nonresidential and Other Uses Graphic Examples
|
 |
Figure 550-7-3-1 Compatible Refuse and Servicing Facilities:
Pittsburgh, PA
|
 |
Figure 550-7-3-2 Compatible Refuse and Servicing Facilities:
Exton, PA
|
 |
Figure 550-7-3-3 Incompatible Refuse and Servicing Facilities:
Highspire, PA
|
 |
Figure 550-7-3-4 Compatible Refuse and Servicing Facilities:
Gettysburg, PA
|
In all zoning districts, buffering and screening shall be provided,
subject to the following criteria:
A.
Required buffer yard and screening shall be provided on a lot proposed
for development of nonresidential uses and/or higher-density/intensity
residential dwelling types and extend the entire length of the lot
line abutting a residential zoning district and/or lower-density/intensity
residential dwelling lots. See Table 550-7-1, Required Buffer Yards
and Screening, for required minimum buffer yard widths and required
minimum screening opacity:
|
Table 550-7-1
Required Buffer Yards and Screening
| |||
|---|---|---|---|
|
Where a Permitted:
|
Abuts:
|
Minimum Required Buffer Yard Width
(feet)
|
Minimum Required Opacity of Screening
|
|
Nonresidential uses in the General Business and other zoning
districts
|
The Residential Zoning Districts or a lot with an existing residential
use
|
35
|
80%
|
|
Nonresidential uses in the Residential Zoning Districts
|
A lot with an existing residential use
|
25
|
90%
|
|
Higher-density residential dwelling types, except as provided
herein this table below
|
A lot with an existing lower-density dwelling-type residential
use
|
15
|
90%
|
|
Nonresidential uses or higher-density residential dwelling types
in the Mixed-Use Zoning Districts*
|
A lot with an existing residential use or an existing lower-density
dwelling-type residential use*
|
5*
|
90%*
|
|
NOTES:
| |
|
*
|
Where an existing or former residential building is being proposed
for reuse for a permitted nonresidential use, and where there is insufficient
distance between said building and the abutting lot line to achieve
the required five-foot buffer yard, there shall be no buffer yard
required for the area of the lot where said building is located, as
long as screening with no less than one-hundred-percent opacity is
provided in the area of the lot where said building is located. Remaining
portions of the lot shall comply with the buffer yard and screening
requirements provided for elsewhere in this section.
|
B.
No buffer yard shall be required for a nonresidential use, mixed-use,
or higher-density residential dwelling type use separated from the
residential zoning districts and/or existing lower-density residential
dwelling type lots in the mixed-use zoning districts (as applicable)
by a public street right-of-way, excluding minor access streets.
C.
All required buffer yard areas shall be planted and maintained with
vegetative cover and living material, as well as any required screening,
and kept free of:
D.
Signs shall be permitted in a buffer yard that abuts a street right-of-way, and shall otherwise comply with Article VIII of this chapter.
E.
Stormwater management facilities and structures may be maintained
within a buffer yard, but the existence of such facilities or structures
shall not be a basis for a failure to meet the screening requirements.
F.
Buffer yards may be crossed by access drives, driveways, sidewalks,
or easements with a maximum width of 35 feet, provided the center
line of the access drive, driveway, sidewalk, or easement crosses
the lot line and buffer yard at not less than 75°; however, no
turning or maneuvering of vehicles shall be permitted in the buffer
yard area.
G.
Buffer yards may be located within any required setback or yard.
H.
Screen plantings. Where screen plantings are provided in buffer yards,
said screen plantings must be located in the exterior portion of the
required buffer yards, and shall be evenly spaced extending the length
of the lot line in accordance with the following:
(1)
Plant materials used in screen planting shall be of such species
as will produce, within two years, a year-round visual screen of at
least six feet in height and be at least:
(2)
Screen plantings shall be maintained permanently in a healthy condition.
Any screen plantings that die or are severely damaged shall be replaced
by the current property owner to the maximum extent feasible considering
growing seasons, within a maximum of 150 days.
(3)
Screen plantings shall be placed so that at maturity they will be
located not closer than two feet from any street right-of-way line
or property line.
(4)
In order to aid surveillance and minimize the potential for crime, screen plantings shall also be sited, massed, and scaled to maintain visibility of doors and first or ground floor windows from the street and from within the development to the maximum extent feasible. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear sight triangle in accordance with Article IX in this chapter relating to driveways and access drives shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
(5)
Screening plantings shall be interrupted only at:
(6)
Trees that are used in the planting of a buffer yard and elsewhere on the lot shall be in accordance with those identified within Chapter 480 relating to subdivision and land development and Chapter 499 relating to trees.
(a)
If more than 20 evergreen plants are proposed, no more than
50% shall be of one species.
(7)
Screen plantings shall be provided between the lot line and any off-street
parking area, loading area, and any outdoor solid waste storage and
refuse area for any nonresidential use, multifamily dwelling use,
single-family attached use, and/or mixed use where the parking or
solid waste storage and refuse area abuts property in the residential
zoning districts or existing single-family detached dwelling or two-family
detached dwelling in the mixed-use zoning districts.
I.
Fences and walls as screening. Each buffer yard may include fences
and walls which shall be located in the interior portion of the required
buffer yards that extend the length of the lot line in accordance
with the following:
(1)
Fences and walls shall comprise no more than 75% of any required
screening, and screen plantings shall be used in combination with
fences or walls.
(2)
Fences and walls that are placed in a buffer yard shall be located
between the principal and related accessory uses and any required
screen plantings.
J.
Berms as screening. Each buffer yard may include berms in accordance
with the following requirement:
(1)
Berms shall be constructed with slopes not to exceed 33% with side
slopes designed and planted in such a manner so as to prevent erosion
and stormwater runoff, and with a rounded top surfaces that are a
minimum of two feet in width at the highest points of the berm, extending
the length of the berms.
(2)
The top of berms shall be planted with screen plantings.
Figure 550-7-4 Buffer and Screening Example: Plan View
|
Figure 550-7-5 Buffer and Screening Example: Profile View
|
In all zoning districts, bus/transit shelters are permitted,
subject to the following criteria:
A.
Bus/transient shelters may be located within any required yard or
setback.
B.
Only the following signs shall be permitted, and shall otherwise comply with Article VIII of this chapter:
(1)
One two-sided sign with a maximum sign area of eight square feet, which shall only be internally illuminated in accordance with Article VIII of this chapter relating to general standards for permitted signs.
(2)
Nonilluminated signs identifying the name of the transit provider,
route schedules and maps.
C.
The location of a bus/transit shelter shall not interfere with pedestrian traffic along a sidewalk and shall be not located within a clear sight triangle as set forth in Article IX of this chapter relating to driveways and access drives.
D.
There shall be a legally binding commitment provided by a responsible
entity to properly maintain the bus/transit shelter and to remove
the shelter if it is not needed in the future or if it is not properly
maintained.
E.
Bus/transit shelters shall be durably constructed and shall be covered
by a roof. For security and safety purposes, the majority of the side
and rear walls of the bus/transit shelter shall be constructed of
a clear, shatter-resistant material.
In all zoning districts, crops/gardening is permitted, subject
to the following criteria:
A.
The use includes the sale of harvestable products, limited to those
grown on-site.
B.
Crops/gardening is not subject to yard or setback requirements, but
shall be located completely within the property boundary, and no part
may coincide with any property line.
C.
All related accessory structures shall comply with requirements of
this chapter, including the requirements for accessory structures
in the applicable zoning district.
In all zoning districts, essential services are permitted as needed to provide service to lots, structures, and buildings. See also Article VII of this chapter relating to appurtenant service equipment screening and location for nonresidential and other uses.
[Amended 2-6-2014 by Ord.
No. 720]
In all zoning districts, fences and walls are permitted, subject
to the following criteria:
A.
Fences and walls shall be set back:
[Amended 1-20-2022 by Ord. No. 770]
(1)
A
minimum of one foot from any right-of-way, property line or sidewalk,
whichever is greater; or
(2)
With the agreement of adjoining property owners, between the one-foot set back in Subsection A(1) above, up to or across the existing property line. An easement agreement for maintenance and insurance, location of the fence relative to the actual property line, and cross-access easement with the adjoining property owner shall be executed, recorded at the office of the Recorder of Deeds for Cumberland County and included with the building permit application. The cross-access easement shall provide a width of no less than three feet.
B.
Fences and walls shall be durably constructed and well maintained.
Fences and walls that have deteriorated parts and materials shall
be replaced or removed.
C.
No fence or wall shall obstruct the clear sight triangle requirements set forth in Article IX of this chapter relating to driveways and access drives.
D.
No fence or wall shall be erected in a street right-of-way, other
rights-of-way, or within two feet of the edge of a cartway, unless
otherwise required by this chapter and/or any other chapter in the
Code of the Borough of Lemoyne.
E.
Fences and walls, in addition to the applicable standards, shall
also comply with the following:
(1)
Fences and walls located in the front yard between the principal
building and the street, excluding minor access street in the residential
zoning districts or mixed-use zoning districts, shall:
(a)
Be an open type of fence (e.g., picket, metal post, wrought
iron or split rail) with a minimum of 50% open area to 50% structural
area.
(b)
Not exceed 42 inches in height, except on corner lots, where
fences and walls shall not exceed 36 inches in height.
(c)
Not be constructed of "chain-link" material or pattern. Fences
shall not be constructed of corrugated metal, corrugated fiberglass,
or sheet metal. Fences are encouraged to be constructed using weather-resistant
wood, vinyl materials that resemble wood, or vinyl materials that
resemble historic-style metal post fences.
(2)
Fences and walls that are located within the residential zoning districts
or mixed-use zoning districts or upon a lot with a residential use
upon it shall not exceed:
(3)
Fences within the general business and other zoning districts shall
not exceed 10 feet in height.
(4)
Any fence or wall exceeding six feet in height shall contain openings
therein equal to 50% of the area of that portion of the wall or fence
exceeding six feet.
(5)
Structural posts of a fence shall not extend more than six inches
above the height of the fence.
(6)
Except in the IND Zoning District, no fence or wall shall be constructed
of barbed wire, razor, or other sharp components capable of causing
injury. In the IND Zoning District, fences or walls may be constructed
of barbed wire, razor, or other sharp components capable of causing
injury, only if the portion of the fence containing the barbed wire,
razor, or other sharp components capable of causing injury is not
lower than six feet above the average surrounding ground level.
(7)
No fence or wall shall be constructed out of fabric, junk, inoperable
vehicles, appliances, tanks or barrels.
(8)
If one side of a fence or wall includes posts, supports, and framework
that clearly are not designed and integrated as a decorative feature
of the fence, or if one side of a fence or wall does not match design
patterns of the opposite side, then the side of the fence including
the framework shall be placed to face toward the interior of the lot
upon which it is located, as opposed to the side of the fence which
faces a street or abutting lots.
(9)
Brick may be used for posts, supports, or as a base for a fence or
wall, provided the maximum fence or wall height for the fence or wall
portion is not exceeded.
(10)
Fence height up to 10 feet shall be permitted on the back or
rear of a residential property abutting a commercial or industrial
zoning district where such fence height is permitted.
[Added 1-20-2022 by Ord. No. 770]
F.
Walls, in addition to the applicable standards provided in this section,
shall also comply with the following standards:
(1)
Engineered retaining walls necessary to hold back slopes are exempt
from the regulations of this section and are permitted by right as
needed in all zoning districts.
(2)
Walls that are structurally part of a building shall be regulated
as part of that building.
(3)
Concrete and/or similar other block walls shall be of a decorative
nature, painted or have decorative colors and/or materials on all
sides that face outward away from or toward the exterior of the lot
or parcel upon which it is located, as opposed to facing toward the
interior of the lot.
G.
One arbor, gate, awning, canopy, trellis or similar decorative garden structure not exceeding 10 feet in height and four feet in width shall be permitted within the front yard, provided that it is not within a clear sight triangle as required herein Article IX of this chapter relating to driveways and access drives.
B.
Unless otherwise provided herein this chapter, each dwelling unit
shall include a minimum of 500 square feet of enclosed habitable,
indoor, heated floor area and which shall be primarily above the ground
level. This minimum floor area shall be increased to 800 square feet
if there are three or more bedrooms.
In all zoning districts, the following height exceptions and
alterations shall apply:
A.
Height regulations shall not apply to the following structures, provided
the structures do not exceed the height limitations of the applicable
zoning district by more than 15 feet: steeples of places of worship,
antennas, flagpoles, roof- or building-mounted wind energy systems,
spires, belfries, cupolas, domes, chimneys, ventilators, water tanks,
bulkheads, utility poles or towers, clock or bell towers, elevator
shafts, mechanical equipment or other appurtenances usually required
to be and customarily placed above roof level and not intended for
human occupancy.
B.
Height regulations shall not apply to amateur radio towers or the
installation of any antenna that is under 50 feet in height and is
owned and operated by a federally licensed amateur radio status operator.
In all zoning districts, the hours of operation and management
of activities of proposed nonresidential uses and mixed-use developments
shall be appropriately scheduled, operated, and maintained to protect
the existing neighborhood and residential uses from detrimental noise,
disturbance, or interruption. An "hours of operations and management
plan" shall include the following, unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
section:
A.
Address of the premises of proposed use including tax parcel identification
number.
B.
Name and general and specific type of the proposed use (e.g., commercial
use, retail sales).
C.
Name and related contact information of the owner, on-site manager,
and/or other authorized agent of the proposed use and the lot [e.g.,
telephone number(s), email address, etc.].
D.
The nature of the on-site activities and operations involved in the
proposed use (e.g., the type of products, materials, equipment and/or
processes, etc.).
E.
Advertising associated with the proposed use, as applicable.
F.
Estimated number of employees, patrons, and/or occupants, including
per shift and maximum permitted occupancy, as applicable.
G.
The gross floor area of the building(s) and gross area of the lot
devoted to the proposed use.
H.
Estimated amount of sales from the proposed use, as applicable.
I.
General description of the land uses adjacent to the property and
on the same block.
J.
Intended market area/service area of the proposed use, as applicable.
K.
Vehicles and traffic associated with the proposed use (e.g., employees
and customers/occupants deliveries, loading, etc.).
L.
Hours and days the proposed use will be open and/or operating including
any expected "special events," as applicable.
M.
The disposal of materials will be accomplished in a manner that complies with Borough, state, and federal regulations, including, but not limited to, those listed in this Article VII of this chapter relating to nonresidential and other uses waste handling requirements.
N.
A discussion of any possible impacts and/or problems the proposed use may cause (e.g., traffic, odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts/problems. The applicant shall further furnish evidence that the impacts generated by the proposed use will be within acceptable levels, as regulated by applicable laws and ordinance, including, but not limited to, those listed in this Article VII of this chapter relating to performance standards for all uses.
In all zoning districts, landscaping and vegetation shall be
subject to the following criteria:
A.
Any part of a lot which is not used for structures, buildings, access
drives, driveways, loading areas, parking spaces and aisles, sidewalks,
designated storage areas, other structures, or hardscaping shall be
provided with an all-season, well-maintained ground cover, and to
the maximum extent feasible, include trees and shrubs.
B.
In order to aid surveillance and minimize the potential for crime, plantings shall be sited, massed, and scaled to maintain visibility of doors and first- or ground-floor windows from the street and from within the development to the maximum extent feasible. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear sight triangle, in accordance with Article IX of this chapter relating to driveways and access drives, shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
C.
Vegetation preservation. Vegetation preservation is governed by the
standards in this section and the provisions of the PA MPC.[1] The removal of trees, shrubbery, foliage, grass, or ground cover, other natural growth shall be permitted when in conformance with the provisions of this chapter, or Chapter 480 relating to subdivision and land development, and/or other relevant chapter of the Code of the Borough of Lemoyne. The grubbing activity shall be permissible, upon Zoning Officer review and approval of the application as required by the Borough. A permit shall be prepared and issued for an approved application. Violations and penalties associated with cutting and clearing of vegetation include:
(1)
Forestry activities of timber harvesting and/or logging shall comply with Article XI of this chapter relating to forestry (timber harvesting).
(2)
The cutting of trees and/or clearing of vegetation within a required buffer yard as required by Article VII of this chapter relating to buffer and screening regulations is prohibited. Only the removal and replacement of damaged/deceased trees and/or vegetation is permitted. Grubbing activity is permitted where the purpose is to improve the appearance of the lot.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In all zoning districts, for all uses other than single-family
and two-family dwellings, waste handling and material disposal methods
and procedures shall be subject to the following criteria. The following
detailed information is required to be submitted concerning waste
handling and material disposal methods and procedures:
A.
Listing of all materials to be used and/or generated on the site.
B.
Listing of all wastes (e.g., food and greases; animal wastes; solid
wastes; medical wastes; and hazardous wastes; etc.) generated on the
site.
C.
Evidence shall be provided indicating that the disposal of all materials and wastes shall be accomplished in a manner that complies with Chapter 445 relating to solid waste, as well as any county, state and federal regulations. Such evidence shall, at a minimum, include copies of working plans for the cleanup of litter and recycling showing exterior trash and recycling receptacles that are provided amid any an outdoor display and/or sales area, parking lot facilities open to the public, and other outside public areas designed and proposed for patrons and customers of the use. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris.
In all zoning districts, the number of principal uses and/or
principal structures permitted per lot shall be subject to the following
criteria:
A.
A lot in the mixed-use zoning districts or general business and other
zoning districts may include more than one permitted principal use
and/or structure, provided all other requirements of this chapter
are met. If differing dimensional requirements apply for different
uses on the lot, then the most restrictive requirement shall apply.
(1)
For example, if Use A requires a twenty-foot minimum setback and
Use B on the same lot requires a ten-foot minimum setback, then the
lot shall have a required minimum setback of 20 feet.
(2)
The lot may include a condominium form of ownership of individual
buildings, with a legally binding property owner or other similar
type of association, if the applicant proves to the satisfaction of
the Zoning Officer, based upon review by the Borough Solicitor, that
there will be appropriate legal mechanisms in place and compliance
with applicable state law.
B.
A lot within the residential zoning districts shall not include more
than one principal use or one principal structure unless specifically
permitted by this chapter.
(1)
A mobile/manufactured home park, condominium residential development,
single-family attached dwelling, or multifamily dwelling development
may include more than one principal building per lot, provided all
other requirements of this chapter are met.
(2)
A condominium form of ownership of individual dwelling units, with
a legally binding homeowners' or other association, may be established
if the applicant proves to the satisfaction of the Zoning Officer,
based upon review by the Borough Solicitor, that there will be appropriate
legal mechanisms in place and compliance with applicable state law.
In all zoning districts, ornamental ponds are permitted, subject
to the following criteria:
B.
Ornamental ponds shall comply with all accessory use and structure
setbacks for the applicable zoning district.
C.
All such ponds shall be maintained so as not to pose a nuisance by
reason of odor, or the harboring of insects and/or vermin.
D.
Water shall not be discharged from an ornamental pond directly onto
any public right-of-way or within 10 feet of any adjacent property
without the applicable owner's consent.
E.
Ornamental ponds shall not be located over a drainage, utility, or
access easement.
F.
No such pond shall be used for the commercial hatching of fish or
other aquatic species.
[Amended 2-6-2014 by Ord.
No. 720]
In all zoning districts, unless otherwise permitted elsewhere in this section, Articles III through V of this chapter relating to permitted uses, and Article XI of this chapter, the outdoor storage and outdoor stockpiling shall be permitted, subject to the following criteria:
A.
Outdoor storage and outdoor stockpiling shall not include the sale of any bulk materials including goods, material, and merchandise offered for sale to customers. Otherwise, it shall be considered outside sales and display and must comply with the provisions set forth elsewhere in Article VII and Article XI of this chapter relating to outside display and sales.
B.
Outdoor storage and outdoor stockpiling shall not occupy any part
of the existing or future street right-of-way (including sidewalks
and minor access streets), required off-street parking areas, buffer
yards, or any other areas specifically prohibited as set forth in
this chapter.
C.
In the residential zoning districts or mixed-use zoning districts:
(1)
On lots used for single-family dwellings and two-family dwelling
lots, the outdoor storage and stockpiling of:
(a)
Personal material, except for firewood, for more than one year
shall be prohibited. In all instances, outdoor stockpiling of personal
material (except furniture and appliances designed to be used outdoors)
shall not be located in the front, side, and rear yard. All such stockpiling
shall comply with accessory use and structure yard and setback requirements
for the applicable zoning district.
(b)
Nonpersonal material including goods, junk, material, or merchandise
associated with and generated by an off-site business or nonresidential
establishment, but also including junk, waste, discarded or salvaged
material, machinery, or equipment, including automobile, truck or
other vehicle parts, shall not be permitted.
(2)
On nonresidential use, mixed use, and multifamily dwelling use lots,
the outdoor storage and stockpiling of bulk items, including but not
limited to goods, material, equipment, merchandise, junk, waste, discarded
or salvaged material, machinery, equipment, or automobile, truck or
other vehicle parts, shall not be permitted. All related storage must
be within a completely enclosed building.
(3)
Outdoor storage and outdoor stockpiling shall not be located in the
front, side, and rear yard between the principal building and the
public street and the property lines.
D.
In the IND Zoning District:
(1)
All bulk items, materials and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet in height and provided with screening in accordance with Article VII of this chapter relating to buffer and screening regulations, with no less than one-hundred-percent opacity. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(2)
The outdoor storage and outdoor stockpiling may be located in the
front yard between the principal building and the public street, excluding
minor access streets, but shall not be located within any required
yard or setback.
(3)
In order to prevent dust, erosion, and excessive water flow across streets or abutting property, all areas used for the outdoor storage and stockpiling shall be graded for proper drainage and shall be improved with a durable and dustless surface (e.g., concrete or bituminous concrete unless an alternative material and/or design as part of a readily accepted stormwater BMP in accordance with Chapter 460 relating to stormwater management, Chapter 480 relating to subdivision and land development, or any other construction materials specifications adopted by the Borough), and approved by the Borough Engineer.
(4)
All items and materials stored as part of outdoor storage and stockpiling
shall be kept in an orderly fashion to permit access by emergency
responders.
E.
Compost. The placement of compost as an accessory use to a residential
use of a lot is permitted, subject to all accessory use, building,
and structure setbacks of the applicable zoning district. Only waste
materials from the residential use of the lot shall be deposited within
the compost, and in no case shall meat, or meat by-products, dairy
products, or bones be composted. All compost shall be properly maintained
so as not to become a nuisance to nearby properties.
In all zoning districts, all uses (as applicable) shall be subject
to the following performance standards:
A.
All projects that require the additional use of new facilities or
essential services including sewers, storm drains, fire hydrants,
potable water, public streets, streetlighting and similar services,
shall obtain such approval as required by the agency providing such
service prior to project approval. No availability of essential services
shall be permitted to be grounds for denying permits for additional
development until such services are available. The jurisdiction is
not obligated to extend or supply essential services if capacity is
not available. If capacity is available, the extension of services
shall be by and at the cost of the developer, unless the jurisdiction
agrees otherwise. All service extensions shall be designed and installed
in full conformance with the jurisdiction's standards for such service,
and shall be subject to review, permit and inspection as required
by other policies or ordinances of the jurisdiction.
B.
All uses shall be subject to and comply with the following regulations,
where applicable:
(1)
Vibration. Ground vibration inherently and recurrently generated
on the lot and detectable without instruments on any adjacent lot
shall be prohibited, except that temporary vibration as a result of
construction or vehicles which enter or leave the lot (e.g., trucks,
trains, airplanes, helicopters, and other similar motor vehicles)
shall be permitted. Otherwise, all of the applicable rules and regulations
of the Pennsylvania Department of Environmental Protection (DEP) shall
be complied with.
(2)
Noise.
(a)
Noise from nonresidential uses which are determined to be objectionable
because of volume, frequency, or beat shall be muffled or otherwise
controlled in accordance with the standards in this section. For purposes
of this standard, all nonresidential uses shall comply with Table
550-7-2, Noise Standards:
|
Table 550-7-2
Noise Standards
| ||
|---|---|---|
|
Land Use or Zoning District Receiving the Noise
|
Hours/Days
|
Maximum Sound Level*
(dBA)
|
|
At a lot line of any abutting property in the Residential Zoning
Districts or existing residential use in the Mixed-Use Zoning Districts
|
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving
Day, New Year's Day, Labor Day, Memorial Day, and the 4th of July
|
60
|
|
9:00 p.m. to 7:00 a.m., plus all day Sunday, Christmas Day,
Thanksgiving Day, New Year's Day, Easter Sunday, Labor Day, Memorial
Day, and the 4th of July
|
52
| |
|
At any other lot line
|
All times and days
|
70
|
|
NOTES:
| |
|
*
|
Or 10 decibels above ambient noise in any one hour, whichever
is higher.
|
(b)
Noise is measured from the lot line. The ambient sound measurement,
known as "A-weighted sound level," is taken where the noise from the
nonresidential use cannot be heard, or when the use is not in operation
and therefore not producing noise. The ambient sound level shall be
considered the level that is exceeded 90% of the time when the noise
measurements are taken.
(c)
The maximum permissible sound level limits set forth in the
above table shall not apply to any of the following noise sources:
[1]
Sound needed to alert people of an emergency.
[2]
Repair or installation of utilities or construction of structures,
sidewalks, or streets between the hours of 7:00 a.m. and 8:00 p.m.,
except for clearly emergency repairs which are not restricted by time.
[3]
Household power tools and lawn mowers between the hours of 8:00
a.m. and 9:00 p.m.
[4]
Agricultural activities, including permitted agricultural operations,
but not exempting a commercial kennel.
[5]
Public celebrations specifically authorized by the Lemoyne Borough
Council or a county, state or federal government agency or body.
[6]
Unamplified human voices or the sound of a single animal.
[7]
Routine ringing of bells and chimes by a place of worship or
Borough clock.
[8]
Vehicles operating on a public street, railroads and aircraft.
(3)
Air pollution and airborne emissions. No pollution of air by fly
ash, dust, vapors or other substance shall be permitted which is harmful
to health, animals, vegetation or other property or which can cause
spoiling of property. Otherwise, all of the applicable rules and regulations
of the DEP shall be complied with.
(4)
Odors. No malodorous gas or matter shall be permitted which is discernible
at any and all property lines of the subject property on which the
odor source is located.
(5)
Water pollution. Water pollution shall be subject to the standards
established by the Pennsylvania Fish and Boat Commission, Department
of Environmental Protection, and the Clean Streams Law, June 22, 1937,
P.L. 1987, 35 P.S. § 691.1 et seq., or as amended.
(7)
Glare and heat. Any operation producing intense glare or heat shall
be conducted within an enclosed building or with other effective screening
in such a manner as to make such glare or heat completely imperceptible
from any point along the property line. No heat from any use shall
be sensed at any property line to the extent of raising the ambient
temperature of air or materials more than 5° F. Any operation
or activity that produces glare shall be conducted so that direct
or indirect light from the source shall not cause illumination in
excess of 0.5 footcandle measured at the property line. Otherwise,
all of the applicable rules and regulations of the DEP shall be complied
with.
(8)
No use or operation shall be permitted which creates a public nuisance
or hazard to adjoining property by reason of fire, explosion, radiation
or other similar cause. Additionally, all uses and operations shall
comply with the following:
(a)
Electromagnetic interference. In all zoning districts, no use,
activity or process shall be conducted which produces electric and/or
magnetic fields which adversely affect public health, safety and welfare,
including, but not limited to, interference with normal radio, telephone
or television reception and/or transmission off the premises where
the activity is conducted.
(b)
Fire and explosive hazards. Fire protection and firefighting equipment, procedures and safety protocols acceptable to the Borough of Lemoyne fire standards, National Fire Protection Association, Chapter 200 relating to code enforcement and Chapter 265 relating to fire prevention and fire protection, and other applicable chapters of the Code of the Borough of Lemoyne, shall regulate hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the occupancy of a structure or premises.
(c)
Toxic and hazardous substance storage. Storage of toxic and
hazardous substance shall meet the requirements of the Pennsylvania
Department of Environmental Protection, Pennsylvania Labor and Industry
(L&I), and/or the United States Environmental Protection Agency
(USEPA).
(9)
Outdoor lighting. Outdoor lighting is permitted, subject to the following
criteria:
(a)
All outdoor lighting fixtures including, but not limited to,
those used for parking areas, buildings, building overhangs, canopies,
displays and landscaping, shall be full-cutoff-type fixtures.
(b)
Full-cutoff fixtures shall be installed and maintained so that
the shielding is effective so that all light emitted is projected
below a horizontal plane running through the lowest light-emitting
part of the fixture.
(c)
Automobile-oriented uses including, but not limited to, automobile,
boat, heavy equipment, mobile/manufactured home, recreational vehicle
and similar motor vehicle rental/sales, repair/service, washing and/or
fuel/gas sales and drive-through facilities shall install recessed
ceiling fixtures in any canopy.
[1]
Any canopy over gasoline pumps shall have a maximum distance
between the ground level and the underside of the canopy of 20 feet.
If the ground level is sloped, or the canopy is sloped to deflect
noise and soot away from neighboring properties, then a portion of
the canopy may have a greater height, provided that the maximum height
is 20 feet at the portion of the canopy that is closest to an adjacent
street.
(d)
Where permitted, signs that are wholly illuminated from within and freestanding signs that are externally illuminated with an exposed lamp shall comply with Article VIII of this chapter.
(e)
Light trespass over a nonresidential or mixed-use property line
shall be limited to no more than 0.5 footcandle measured at the property
line. All on-site lighting of buildings, lawns, and parking areas
shall be designed so as not to shine onto any adjacent property or
building, or to cause glare onto any public street right-of-way or
vehicle thereon.
(f)
Measurement.
[1]
Light levels shall be measured in footcandles with a direct
reading portable light meter. Readings shall be taken only after the
cell has been exposed long enough to take a constant reading.
[2]
Measurements shall be taken at the lot line, along a horizontal
plane at a height of 3 1/2 feet above the ground.
(g)
All nonessential outdoor lighting fixtures, including parking,
sign, display and aesthetic lighting, shall be turned off after business
hours. Only lighting needed for safety or security may remain lit
after close of business, in which case, the lighting shall be reduced
to the minimum level necessary.
(i)
Exemptions.
[1]
Decorative outdoor lighting fixtures with bulbs of less than
25 watts, installed seasonally, are exempt from the requirements of
this subsection.
[2]
Overhead streetlighting, warning, emergency, and traffic signals
are exempt from the requirements of this subsection.
[3]
Temporary construction or emergency lighting is exempt from
the requirements of this subsection. Such lighting shall be discontinued
immediately upon completion of the construction work or abatement
of the emergency necessitating such lighting.
[4]
Nothing in this subsection shall apply to lighting required
by the FAA or any other federal regulatory authority.
(10)
In order to determine whether a proposed use will conform to
the requirements of this section of this chapter, Lemoyne Borough
may obtain a qualified consultant's report, whose cost for services
shall be borne by the applicant.
A.
Repair of personal, passenger, or recreational motor vehicles. The routine maintenance, repair and servicing of personal, passenger, or recreational motor vehicles, including go-carts and racing vehicles, owned or leased by the owner or occupant of any principal residential uses located in the zoning districts enumerated in Article III, performing such services when performed outside of a building, are permitted by the owner or occupant of the residential use, subject to the following criteria:
(1)
All vehicles shall be maintained with current, valid license plates
and inspection stickers (when applicable), and in operable condition.
(2)
All work shall be performed on the vehicle owner's or lessee's property
of residence.
(3)
Noise, smoke, dust, liquids, and/or odors emanating from the activities
shall not create a public nuisance.
(5)
All by-products or waste fuels, lubricants, chemicals, and other
products shall be properly disposed of.
(6)
No vehicle shall be stored in a "jacked-up" position or on blocks
for more than 48 consecutive hours in a seven-day period.
(7)
Work can be done in a front yard only if there is no side yard or
rear yard.
(8)
All work being completed outside of a completely enclosed building
shall not be performed between the hours of 9:00 p.m. to 8:00 a.m.
B.
Sale of personal, passenger, or recreational motor vehicles. The
sale of personal, passenger, or recreational motor vehicles are permitted
upon residential lots subject to the following criteria:
(1)
Owners and/or occupants of the lot may display a maximum of one personal, passenger, or recreational motor vehicles titled to the landowner or occupant of the building or lot, for sale at any time. Such displays shall be for a maximum of 60 days not more than twice a calendar year. Any associated "for sale" signs shall be considered temporary signs and comply with applicable regulations in Article VIII of this chapter. All such vehicle sale activities shall be in accordance with applicable state regulations.
(2)
Neither of the following shall be sold on residential lots:
(a)
Motor buses, trucks and truck trailers with a registered gross
or combination vehicle weight in excess of 11,000 pounds.
(b)
Vehicles not owned or leased by the owner and/or occupants of
the lot. Otherwise, it shall be considered commercial automobile and
similar motor vehicle sales and must comply with all applicable provisions
set forth in this chapter.
In all zoning districts, satellite dish antennas are permitted,
subject to the following criteria:
A.
Consideration shall be given to the physical characteristics of the
surrounding neighborhood, the property, the location of existing structures,
and the feasibility of obtaining reception in the siting of satellite
dish antennas.
B.
Satellite dish antennas may be located on accessory structures (e.g.,
garages or sheds).
D.
Satellite dish antennas attached to a structure shall be sited at
least eight feet above adjoining ground level.
E.
Satellite dish antennas should employ colors that tend to mask their
appearance and that are appropriate to the colors of structures upon
which they are mounted.
F.
All freestanding, detached, ground-mounted and freestanding satellite
dish antennas shall comply with the yard and setback requirements
for accessory structures in the applicable zoning district.
G.
In no case shall satellite dish antennas project into any public
right-of-way (including streets, minor access streets, sidewalks,
etc.).
H.
I.
Notwithstanding the standards in this section, these standards shall
not conflict with or supersede any rule or regulation relating satellite
dishes as governed by the Federal Communications Commission under
the Federal Telecommunications Act of 1996.
In all zoning districts, private household outdoor swimming
pools are permitted, subject to the following criteria:
A.
All swimming pools shall comply with the requirements of Chapter 200 relating to code enforcement.
B.
No swimming pool shall be permitted to be located in the front yard
between the principal building and the public street, excluding minor
access streets, or within any required front setback.
C.
Swimming pools shall be set back a minimum of five feet from any
lot line, and any associated decking must comply with accessory structure
and use setbacks for the applicable zoning district.
D.
Water shall not be discharged from a swimming pool directly onto
any public right-of-way or within 10 feet of any adjacent property
without the applicable owner's consent.
E.
Pools shall not be located over a drainage, utility, or access easement.
F.
All on-site, outdoor lighting shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and shall comply with all provisions for lighting in Article VII of this chapter relating to performance standards for all uses.
G.
These standards shall not apply to "kiddie" or "wading" pools, or
pools designed with pools walls not capable of holding water at a
depth of more than 24 inches of water.
In all zoning districts, the following temporary structures
are permitted on a temporary basis, subject to the following criteria:
A.
Temporary construction sheds and trailers are permitted on a temporary
basis, subject to the following criteria:
(1)
Temporary construction sheds and trailers shall be permitted only
during the period that the construction work is in progress. A permit
for the temporary structure shall be obtained from the Zoning Officer
prior to the commencement of construction and shall be renewed every
180 days.
(2)
Temporary construction sheds and trailers shall be located on the
lot on which the construction is progressing and shall not be located
within 10 feet of any lot line abutting an existing residential use.
(3)
Temporary construction sheds and trailers shall be used only as temporary
field offices and for storage of incidental equipment and supplies
and shall not be used for any dwelling use.
(4)
A temporary construction shed and trailer may be permitted to be
used for use as a temporary sales center for residential lots. The
maximum gross floor area of such a temporary sales center shall be
500 square feet.
B.
Temporary, nontraditional storage units, including those commercially
known as "PODS" or enclosed "containers" of a box trailer with or
without wheels, are permitted on a temporary basis, subject to the
following criteria:
(1)
Temporary, nontraditional storage units shall be permitted for a
maximum period of 60 consecutive 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)
Temporary, nontraditional storage units shall comply shall comply
with the yard and setback requirements for accessory structures in
the applicable zoning district.
(3)
No temporary, nontraditional storage unit shall be used for permanent
storage.
[Amended 2-6-2014 by Ord.
No. 720]
In all zoning districts, yard and setback exceptions and alterations
are permitted, subject to the following criteria:
A.
Projections into required yards and setbacks.
(1)
Covered and uncovered stoops less than 30 square feet, and related
awnings and hand railings, may project into required yards or setbacks
not more than five feet.
(2)
Patios, terraces, decks, and other similar uncovered structures,
provided the structure elevation shall not be more than three feet
above the yard grade, may extend or project into require side or rear
yard or setback not more than five feet as long as there is a minimum
of five feet remaining between the structure and the lot line. Attached
or semidetached single-family dwelling the deck may extend to the
common lot line.
(3)
Cornices, eaves, sills, or other similar architectural features (e.g.,
gutters, bay windows, window awnings, chimneys, or similar structures
including solar energy systems) attached to the wall of any building
may extend or project into any required yard or setback not more than
three feet.
(4)
Exterior stairways, fire escapes, or other required means of egress,
ground-mounted doors for basement access, or other similar structures
that do not include space usable by persons may extend or project
into a side or rear yard or setback of a lot not more than five feet
as long as there is a minimum of five feet remaining between the structure
and the lot line.
(5)
Covered porches and those porches with enclosed habitable spaces
shall be considered as part of the principal building and shall not
extend or project into any required yard or setback.
(6)
Exterior walkways, sidewalks, stairs and related hand railings, window
wells, and such other structures customarily incidental to the principal
or accessory building may extend or project into any required yard
or setback of a lot, provided the structure height shall be not more
than 12 inches above the yard grade. The maximum structure height
shall not apply to related hand railings.
(7)
For all handicapped ramps, landings, and other features necessary to provide entrance and accessibility to a building which project into any required yard or setback, see Chapter 200 relating to code enforcement and the reasonable accommodation provisions set forth in Article XII of the chapter relating to administration.
B.
Yard and setback alterations.
(1)
Front yard and setback. Except as otherwise provided in this chapter,
on a lot proposed for development, where the required front setback
regulations for the applicable zoning district are greater than the
actual distances that the existing buildings on abutting lots are
setback from the street right-of-way, the required front yard and
setback may be altered to be similar to those distances between existing
principal buildings and the street right-of-way on the abutting lots,
in accordance with the following standards:
(a)
Identify the existing principal buildings on the lots abutting
the lot proposed for development. Calculate the average setback distance
between the existing principal buildings and the street rights-of-way
line(s) on the abutting lots.
[1]
If an abutting lot is vacant, the required setback of the abutting
vacant lot shall be assumed to be the minimum front setback standard
regulated in the applicable zoning district.
[2]
For corner lots, this value shall be calculated using each abutting
lot, which includes those abutting lots having frontage on and the
existing principal buildings oriented toward the intersecting street.
(b)
The front building setback for the building on the lot proposed
for development shall be no closer toward, and no farther away from,
the street right-of-way than the front building line of existing buildings
on abutting lots, unless all buildings on the abutting lots have the
same building setback distance.
[1]
Front building facades and/or covered front porches shall be
permitted to fulfill this requirement.
(c)
No building shall extend into any street right-of-way.
