[Ord. 8-1994, 12/12/1994, § 500]
The provisions of this Part represent standards and regulations
that shall be applied to all uses in addition to those established
for the applicable zoning district. These regulations are to be used
either in common within all zoning districts or are to be applied
to specific situations as may be otherwise stated throughout the chapter.
[Ord. 8-1994, 12/12/1994, § 501]
1. No
yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
2. No part of a yard, or other open space, or off-street parking area or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or use. (See also § 505, Subsection
1.)
3. Every
principal building hereinafter erected shall be located on a lot as
defined. There shall not be more than one principal residential building
and its accessory structures on one lot, except in the case of multifamily
housing developments, mobile home parks or other approved land developments.
4. The
minimum lot width of any lot shall be measured along the minimum building
setback line as required for that district. Lots located on cul-de-sac
turnarounds or curves in the road or lots of unusual shape may have
lot widths of less than those required provided that the average of
the front and back lot line is equal to or greater than the required
lot width.
5. No
dwelling shall hereafter be erected or altered unless there is direct
access to it through an open space on the same lot. Such open space
shall be at least 20 feet in width and shall extend to a public or
private street.
6. No
portion of a lot included in a street right-of-way shall be included
in calculating the lot's area.
[Ord. 8-1994, 12/12/1994, § 502; as amended by
Ord. 6-2007, 10/8/2007]
1. Projections.
A. Chimneys, flues, cornices, eaves, gutters, steps or bay windows may
project into any required yard, but not more than 24 inches.
B. Covered porches, covered patios, covered decks and attached garages
or car-ports, whether enclosed or unenclosed, shall be considered
part of the main building and shall not project into any required
yard.
C. Uncovered porches, patios or decks may project into required side
or rear yard areas up to 1/2 of the required dimension, but in no
case shall they be located closer than five feet to any property or
street right-of-way line.
2. Front
Yards.
A. Front yard setbacks shall be as set forth in Part 3, the district
regulations, and shall be measured from either the center line of
the adjoining street or from the edge of the adjoining street right-of-way,
as provided.
B. Accessory buildings or structures may not be erected within any front yard, except as may be provided otherwise below or in §
431.
C. When an unimproved lot is situated between two improved lots, each
having a principal building which extends into the required front
yard, the front yard of such unimproved lot shall be the same depth
as the average of the two adjacent improved lots.
D. When the setback of existing principal buildings is greater than
the minimum provided in the district regulations, the required setback
of a principal building hereafter erected shall be the same as or
greater than the average setback of existing buildings in the same
block, on the same side of the street.
E. Where an addition is proposed for an existing, principal building
which extends into the required front yard, the addition may be authorized
by the Zoning Officer so long as the addition is located no closer
to the right-of-way than the existing structure.
F. Signs may be erected within a required front yard in accordance with
the requirements set forth in Part 7.
3. Side
Yards.
A. Side yards shall be measured from the property line or from the edge
of any adjoining street or alley right-of-way line.
B. On a corner lot, the side yard abutting the street shall be no less
than 10 feet from the edge of the adjoining street right-of-way line.
C. Accessory buildings or structures may not be constructed within a
required side yard, except as may be provided in the district regulations.
D. Signs may be erected within a required side yard in accordance with
the requirements set forth in Part 7.
E. Where an addition is proposed for an existing, principal building
which extends into the required side yard setback area, the addition
may be authorized by the Zoning Officer so long as: the addition extends
no further into the required side yard than the existing structure;
it does not obstruct the clear sight triangle of an intersection;
it is no closer than 12 feet to the center line of any adjoining alley;
and it does not exceed 400 square feet in gross floor area.
4. Rear
Yards.
A. Rear yards shall be measured from the property line or from the edge
of any adjoining street or alley right-of-way line.
B. Accessory buildings or structures may not be constructed within a
required rear yard, except as may be provided in the district regulations.
Where permitted, such buildings or structures shall be located at
least 12 feet from the center line of any adjoining alley.
C. Signs may be erected within a required rear yard in accordance with
the requirements set forth in Part 7.
D. Where an addition is proposed for an existing, principal building
which extends into the required rear yard setback area, the addition
may be authorized by the Zoning Officer so long as: the addition extends
no further into the required rear yard than the existing structure;
it does not obstruct the clear sight triangle of an intersection;
it is no closer than 12 feet to the center line of any adjoining alley;
and it does not exceed 400 square feet in gross floor area.
[Ord. 8-1994, 12/12/1994, § 503]
1. Height regulations shall not apply to spires, belfries, cupolas, penthouses (not used for human occupancy), nor to chimneys, ventilators, skylights, utility poles or towers, solar collectors or related equipment, and ornamental or necessary mechanical appurtenances normally associated with homes, churches and similar establishments. Such appurtenances shall however be erected only to such height as is necessary to accomplish their intended purpose. (See also Subsections
2 and
3 below.)
2. Agricultural
or industrial structures such as barns, silos, grain elevators, storage
tanks or similar types of structures may be erected above the height
limits specified in Part 3, the district regulations.
3. The height of all exterior antennas shall be governed by the provisions of §
429 of this chapter.
4. Notwithstanding
any of the exceptions outlined above, the location and height of all
structures shall be in accordance with all applicable rules, regulations,
standards and criteria of the U.S. Department of Transportation, Federal
Aviation Administration.
[Ord. 8-1994, 12/12/1994, § 504]
1. Two or More Principal Uses in Same Building. When two or more principal uses occupy the same building (not including home occupations as defined in §
424), sufficient parking spaces, open space, etc., shall be provided so that the standards pertaining to each use will be met in full, unless provided otherwise in this chapter or as part of an authorized land development.
2. Fences
and Walls.
A. No fence or wall exceeding six feet in height shall be erected within any of the yards required by this chapter, except in the industrial district where security fences may be up to eight feet in height. (See also Subsection
2C below.)
B. Fences or walls not exceeding six feet in height may be permitted
to be located within any of the required yards, but shall be setback
at least two feet from all property lines and from the edge of any
adjoining street, road or alley right-of-way. Where, however, there
is written mutual consent between adjoining property owners, a fence
or wall may be placed on a property line. A copy of such mutual consent,
along with arrangements for maintenance of the fence or wall, shall
be submitted to the Zoning Officer along with the application for
placement of the structure.
C. In no case shall a fence or wall be erected which could cause danger
to traffic on a street or road (whether public or private) by obscuring
a driver's view or which does not comply with clear sight triangle
requirements contained in § 505(3) below.
D. Fences having only one finished side shall be installed so that the
finished side faces out or away from the subject property.
E. All fences shall be maintained in good condition and shall not be
allowed to become dilapidated.
3. Obstructions
to Vision at Street or Driveway Intersections.
A. No fence, wall, sign or other structure shall be erected or altered
and no hedge, trees, shrubs or other growth shall be maintained which
may cause danger to traffic on a street or road by obscuring a driver's
view at a street or driveway intersection.
B. At all street and/or driveway intersections, no obstruction or planting
measuring between 30 inches above road grade and eight feet above
road grade shall be permitted within the clear sight triangle. A clear
sight triangle shall be defined as that area of unobstructed vision
at street intersections formed by lines of sight between points which
are a specified distance from the intersection of the street center
lines. These distances shall be as provided below:
(1) For the intersection of two streets, the distance from the intersection
of the street center lines shall be 75 feet.
(2) For the intersection of a street and a driveway, the distance shall
be 25 feet.
4. Drainage
and Stormwater Management. All drainage and/or stormwater management
standards set forth in the Subdivision and Land Development Ordinance
in effect in Hughesville Borough and Act 1978-167, the Pennsylvania
Stormwater Management Act, shall be met to the satisfaction of the
Borough Zoning Officer before the issuance of a building/zoning permit.
As per the requirements of Act 167, the post development runoff rate
of the site shall not exceed the predevelopment runoff rate.
5. Erosion
and Sedimentation Control. All erosion and sedimentation control requirements
set forth in the Subdivision and Land Development Ordinance in effect
in Hughesville Borough and DER, Title 25, Chapter 102, "Erosion Control,"
shall be met to the satisfaction of the Borough Zoning Officer before
the issuance of a building/zoning permit.
6. Outdoor
Lighting on Private Premises. All outdoor flood lighting and spot
lighting on private premises shall be mounted and shielded to effectively
eliminate direct glare on adjacent properties or on public streets.
7. Stripping
of Top Soil. No person, firm or corporation shall strip, excavate
or otherwise remove top soil, shale or gravel for sale or for use
other than on the premises from which the same shall be taken, except
in connection with the construction or alteration of a building or
structure on such premises and the excavation or grading incidental
thereto.
[Ord. 8-1994, 12/12/1994, § 505]
1. Where
an industrial use abuts a residential district boundary line, a buffer
yard of at least 10 feet shall be required. The buffer yard shall
be a part of the industrial operation and shall be maintained by that
property owner.
2. Where
any use abuts a stream, drainage channel or delineated wetland area,
a buffer yard of at least 25 feet shall be required. The yard shall
be measured from the nearest edge of the stream, channel or wetland.
3. Buffer yards required for residential uses shall be not less than 15 feet in width, unless provided otherwise in Part
4, the supplementary use regulations, of this chapter.
4. All
buffer yards shall be planted and maintained with vegetative material,
such as grass, sod, shrubs or other evergreens. Where required within
buffer yards, screening shall be accomplished in accordance with § 507
below.
5. A
buffer yard may be considered as part of the required yard space.
6. No
structure, storage of materials or parking of vehicles shall be permitted
in a required buffer yard; however, access drives, as well as utilities,
may cross buffer yards.
[Ord. 8-1994, 12/12/1994, § 506; as amended by
Ord. 6-2007, 10/8/2007]
Where required, screening may be accomplished through the use
of any one or a combination of the following methods:
A. Screen
Plantings.
(1) Screen planting may be required as provided in Part 4, the supplementary
use regulations, or where determined necessary by the Borough Council
or Zoning Hearing Board, as appropriate, to serve as a barrier to
visibility, glare and noise between adjacent properties.
(2) Plant or vegetative materials, including shrubs or evergreens, used
in screen planting shall be of such species as will produce, within
two years, a complete visual screen of such height and of such density
as is necessary to achieve the intended purpose.
(3) Screen planting shall be maintained permanently by the lot owner,
and any plant material which does not live shall be replaced within
one year.
(4) Screen planting shall be placed so that, at maturity, it will be
no closer than three feet to any street or property line.
(5) In accordance with the provisions of § 505, Subsection
3, a clear sight triangle shall be maintained at all street intersections and where private accessways intersect public streets.
(6) Screen planting shall be broken only at points of vehicular or pedestrian
access or utility easements.
B. Fences
or Walls.
(1) In lieu of, or in addition to, screen plantings as set forth above,
the Borough Council or Zoning Hearing Board, as applicable, may consider
the use of a fence or wall as an acceptable barrier to potentially
objectionable noise, glare, and/or visibility between adjacent properties.
(2) Fences or walls used to provide required screening shall be at least
six feet in height and shall be of such type as is necessary to achieve
the intended purpose.
(3) Fences or walls used to provide required screening shall meet the requirements set forth in § 505, Subsection
3, of this chapter.
(4) Any fence or wall used to provide required screening shall be maintained
in a structurally sound condition by the property owner.
C. Berms
or Natural Landforms.
(1) In lieu of, or in addition to, screen plantings as set forth above,
the Borough Council or Zoning Hearing Board, as applicable, may consider
the use of an earthen berm or other existing or proposed landform
as an acceptable barrier to potentially objectionable noise, glare,
and/or visibility between adjacent properties.
(2) Berms or landforms used to provide required screening shall be of
such height and of such type as is necessary to achieve the intended
purpose.
(3) Any berm or landform used to provide required screening shall be
maintained in satisfactory condition by the property owner and may
not be altered except for usual maintenance.
[Ord. 8-1994, 12/12/1994, § 507; as amended by
Ord. 6-2007, 10/8/2007]
For the purposes of this chapter, the outside, unenclosed storage
of goods, materials, or merchandise may only be authorized as accessory
or incidental to a permitted, principal use in the Central Business
or Industrial District and shall be subject to the following standards.
(See also § 413 regarding retail uses and outdoor commercial
activities):
A. Such
storage shall not constitute a nuisance.
B. No
storage shall be permitted in any front yard area and shall be situated
so as to meet the applicable side or rear yard setback requirements
of the district in which it is located.
C. No
part of a street right-of-way, sidewalk or other area intended or
designated for pedestrian use, and no required parking area shall
be used for such storage.
D. All
such storage areas shall be screened or shielded from view by a fence,
wall or screen planting which is open or broken only where necessary
for vehicle entrances or exits and to avoid obstructing a clear sight
triangle.
E. In
no case shall the storage cause the lot to become a junkyard nor shall
such accumulation become an independent commercial operation without
obtaining the necessary approvals and permits.