[Ord. No. 2-1995, § 1501, 4/11/1995]
The following general regulations shall supplement the regulations
set forth herein for each district and shall apply throughout the
Township unless otherwise specified in other sections of this chapter.
[Ord. No. 2-1995, § 1502, 4/11/1995; Ord. No. 1-2002, § 1, 1/22/2002]
1.
Agriculture, farms and gardening. The tilling of the soil, raising
of crops, horticulture and gardening shall be permitted in any district.
1.1.
Agritourism. In districts where permitted, agritourism shall
be subject to the following conditions:
[Added by Ord. No. 5-2020, 4/14/2020]
A.
Agritourism related uses include:
(1)
Ice cream/bakery facilities.
(2)
Wineries/breweries/distilleries including tours and tastings.
(3)
Corn mazes.
(4)
Farm-related interpretive facilities and exhibits.
(5)
Agriculturally related education and learning experiences.
(6)
Farm stays.
(7)
Other agritourism type uses that draw a significant number of
visitors to a farm property may be determined on a case-by-case basis
if the use meets the purpose and intent of the regulations.
B.
"Pick your own" activities are not an agritourism use, except when
activities such as the following are added in addition to "pick your
own."
C.
The agritourism use must be subordinate to the principal use of farming.
D.
A minimum of 50% of the products offered for sale in conjunction
with the agritourism use must be raised/produced on the farm or a
like product to the items raised/produced on the farm.
E.
Agritorism enterprises are only permitted on farms with a lot size
of 10 acres or more. Farms must be existing and in operation.
F.
Individuals wishing to engage in agritourism activities must comply with the regulations set forth in Chapter 26, the South Hanover Township Stormwater Management Ordinance, and all other applicable ordinances.
G.
Parking shall be provided on the property. Parking is not permitted
within the street right-of-way.
H.
Sanitary facilities shall be provided in accordance with PADEP regulations.
A permit is required from the Township SEO for recurring events that
utilize portable bathrooms.
J.
Agritourism enterprises, other than farm stays, shall not be operated
earlier than 8:00 a.m. and shall be closed by 9:00 p.m. Indoor activities
are not time restricted.
K.
No commercial vendors shall be permitted on the property during agritourism
activities and events with the exception of food service vendors.
L.
Individuals wishing to engage in agritourism activities shall comply
with all applicable state regulations.
M.
Individuals wishing to engage in agritourism activities shall consult
with the Township's building code official to determine if a
building permit is required for any building proposed as part of the
agritourism enterprise.
N.
Buffer zones.
(1)
Where an agritourism use adjoins a neighboring residential lot
line with a residential use, the activities shall be a distance of
200 feet from side or rear lot lines with an adjoining residential
use, and 400 feet from any neighboring residential dwelling.
(2)
No structure, manufacturing or processing activity shall be
permitted in the buffer zone if used as a part of the agritourism
activity. Additionally, food trucks or food selling areas, vendors
or other selling activities, and restroom facilities (portable or
other) shall not be permitted in the buffer zone. However, access
roads, service drives, and utility easements not more than 35 feet
in width are permitted to cross a buffer zone.
(3)
Parking of vehicles shall not be permitted in the buffer zone.
2.
Animals and horticulture. In districts where permitted, operations
involving the use of buildings and land for farming, nurseries and
green-houses, riding academies, livery or boarding stables, dog kennels,
animal hospitals, stock raising, dairying and poultry shall be subject
to the following safeguards and regulations:
A.
Buildings in which animals or poultry are kept shall not hereafter
be erected within 50 feet of any lot line.
B.
The stockpiling or storage of manure or odor- or dust-producing substances
shall not be permitted within 50 feet from any lot line.
D.
Commercial greenhouse heating plant, coal, natural gas or fuel oil
fire shall not be operated within 100 feet of any residential district
boundary.
E.
Buildings used for animal hospitals, including exercise yards, shall
not hereafter be erected within 100 feet of any lot line.
[Amended by Ord. No. 2-2018, 2/27/2018]
F.
A minimum of five acres is required for a dog kennel use to be located
in the Residential Agriculture (R-A) Zoning District.
[Added by Ord. No. 2-2018, 2/27/2018]
G.
Buildings used for dog kennels, including exercise yards and runs,
shall not be erected closer than 100 feet to any lot line.
[Added by Ord. No. 2-2018, 2/27/2018]
H.
For dog kennel uses, unless the provisions of Chapter 27, § 27-1508, Subsection Buffer yards and screen plantings, provide higher standards, a twenty-foot vegetative buffer is required along all adjoining property lines. The vegetative buffer shall, in all other respects, meet the standards for buffer yards and screen plantings set forth in Chapter 27, § 27-1508, Subsection 1F.
[Added by Ord. No. 2-2018, 2/27/2018]
I.
Manure storage must be at least 200 feet from any adjacent residence
and 100 feet from any lot line. Evidence of an effective means of
disposal must be provided to the Township.
[Added by Ord. No. 2-2018, 2/27/2018]
J.
The zoning permit application for a permit authorizing the operation
of a dog kennel must be accompanied by proof that the applicant has
been issued a valid license permitting the operation of a dog kennel
by Dauphin County and the Commonwealth of Pennsylvania.
[Added by Ord. No. 2-2018, 2/27/2018]
3.
Accessory uses. An accessory use shall be permitted only when customarily
incidental and accessory to a lawfully permitted use of a lot and/or
building.
3.1.
Cottage industry. In districts where permitted, cottage industries
shall be subject to the following:
[Added by Ord. No. 4-2020, 7/28/2020]
A.
Purpose. As stated in the South Hanover Township Comprehensive Plan,
the Township encourages retention of agricultural lands and open spaces
within the Township. Because farming activities often do not provide
adequate income to enable landowners to make a living, much agricultural
land has been lost to development. These cottage industry ordinance
provisions may provide an alternative stream of income, besides income
from agricultural activities, for those who wish to keep the bulk
of their land undeveloped or in farming production and provide additional
employment opportunities within the Township.
B.
General provisions.
(1)
This subsection allows operation of a small business in the
RA and RC zoning districts.
(2)
Cottage industries are only permitted on tracts of land of five
acres or more.
(3)
Business facilities including building(s) and parking lots incidental
thereto shall not cover more than 5% of the tract of land.
(4)
Business facilities and activities shall not be closer than
150 feet to any lot line nor closer than 400 feet to any neighboring
dwelling.
(5)
Retail types of businesses shall be limited to hours of operation
from 8:00 a.m. to 8:00 p.m.
(6)
The footprint of building(s) used for business purposes shall
be limited to a cumulative maximum of 10,000 square feet of impervious
coverage.
(7)
The height of a building(s) used for business purposes shall
not exceed 35 feet.
(8)
Off-street parking shall be calculated in accordance with § 27-1801 et. seq. herein. In addition, there shall be no parking in the street right-of-way.
(10)
Retail sales are limited to crafts, products manufactured or
produced on the premises, produce raised either on or off the premises,
or ancillary items directly related to the principle business activity.
C.
Permitted uses. The following shall be permitted cottage industry
uses:
(1)
Repair shops, including automotive, appliance, lawn and garden
equipment, and farm machinery.
(2)
Woodworking shops, such as furniture making, cabinet making,
garden sheds, and outdoor furniture and recreational goods.
(3)
Metalworking shops, including machine shops, sheet metal shops,
and welding and fabrication shops.
(4)
Craft shops/retail sales, such as leatherworking, quilt shops,
wood carving, artwork, etc.
(5)
Contractor's base, including equipment storage, material
storage, shop, and office.
(6)
Retail sales of produce such as fruits, vegetables, flowers,
etc. This may include items grown off-site.
D.
Prohibited uses. The following shall be prohibited as a cottage industry
use:
(1)
Industrial-scale feed, fertilizer, or grain mills.
(2)
Motor vehicle sales.
(3)
Industrial canneries.
(4)
Industrial rendering plants, stockyards, or slaughterhouses
for livestock raised off-site.
(5)
Gas stations or minimarts.
(6)
Flea markets.
(7)
Warehouses for distribution of products produced off site. However
this does not preclude the storage of materials or equipment incident
to one of the permitted uses.
(8)
Any other business that is likely to generate excessive heavy
truck traffic, noise, glare, odor, or other nuisances typically generated
by certain commercial or heavy industrial uses.
4.
Day care home. Where permitted as a conditional use, day care homes
may be established in a single-family detached dwelling subject to
the following conditions:
A.
A minimum of 100 square feet of usable outdoor play space and 40
square feet of usable indoor space must be provided for each child
present at the facility including resident children.
B.
Outside play shall be limited to the hours between 8:00 a.m. and
7:00 p.m.
C.
A buffer yard/screen planting of no less than 10 feet in depth shall
be established along rear and side lot lines in accordance with this
article.
D.
Operators must comply with all Pennsylvania Department of Public
Welfare licensing/registration requirements and any other local, state
or federal regulations.
5.
Hazardous substances. The temporary or permanent storage and transportation of hazardous wastes, as defined in Article II, herein, shall comply with the following conditions:
A.
All activities that generate, store, use, transport and dispose of
materials and substances regulated by this section shall possess all
applicable permits required by the Township, Pennsylvania Department
of Environmental Resources, United States Environmental Protection.
Agency and any other agency having jurisdiction over such use.
B.
All activities and operations must be in compliance with the provisions
of the Pennsylvania Solid Waste Management Act, as amended. Further,
such activities shall be in compliance with the following Pennsylvania
Department of Environmental Resources (DER) Rules and Regulations,
as amended:
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Title 25
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Environmental Resources
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Part I
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Department of Environmental Resources
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Subpart C
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Protection of Natural Resources
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Article I
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Land Resources
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Chapter 75
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Solid Waste Management
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Subchapter D
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Hazardous Waste
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Subchapter F
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Criteria for Siting Hazardous Waste Facilities
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C.
As required by the above referenced regulations administered by the
Pennsylvania Department of Environmental Resources, a copy of the
preparedness, prevention and contingency plan shall be maintained
at the site and submitted to the local police department, fire departments,
hospitals and emergency response teams that may be called upon to
provide emergency services. A copy shall concurrently be filed with
the Township Zoning Officer to verify compliance with this section
of the chapter. The plan and copies furnished shall be maintained
in current condition as a responsibility of the facility owner.
D.
Unless greater restrictions apply through the agencies identified in Subsection 5A above, no use regulated by this section shall be established:
(1)
Within 200 yards of any dwelling, church, school or any other
building or buildings which, from time to time, are utilized for human
occupancy.
(3)
In addition to any and all setbacks required by this chapter,
any use regulated by this section shall also be subject to the following:
(a)
A chain link fence, a minimum of eight feet in height with at
least a one foot, three stranded course of outward slanting barbed
wire extension, shall completely encircle the premises, with any gates
locked during nonbusiness hours.
(b)
A buffer yard of 75 feet shall be maintained along all adjoining
property lines. No structures, other than an approved fence or an
earth retaining mound shall be permitted within the buffer yard.
6.
Home occupation. Where permitted, only one home occupation may be
established per premises subject to the following conditions:
A.
The home occupation shall be carried on completely within the dwelling
unit or accessory building. Home occupations shall not be permitted
in multifamily apartments or garden apartments.
B.
Not more than one person other than the occupants of the dwelling
unit shall be employed.
C.
Not more than 50% of the floor area of a main building shall be devoted
to a home occupation.
D.
Articles sold or offered for sale shall be limited to those produced
on the premises or to articles which are clearly incidental to the
home occupation and directly related thereto such as hair care products
by a barber or beautician. If the gross sales of articles not produced
on the premises exceed 25% of the gross receipts from the home occupation
and sales of articles produced on the premises, such sales shall not
be deemed to be incidental to the home occupation and shall not be
permitted. It shall be the home occupation operator's responsibility
to file an accurate and attested to annual report of gross business
receipts with the Township Zoning Officer to serve as proof of compliance
with this provision.
E.
There shall be no exterior display or sign (except as permitted in
the regulation of sign in this chapter), no exterior storage of materials
and no other exterior indication of the home occupation or variation
of the residential character of the main building.
F.
No offensive noise, vibration, smoke or other particulate matter,
heat, humidity, glare or other objectionable effects shall be produced.
G.
A home occupation may include craft shops; art studios; dressmaking
or millinery; barbershop; beauty parlor; teaching, music or dance
instruction limited to a single pupil at a time; real estate or insurance
office; the professional office of a dentist, physician, lawyer, engineer,
planner, accountant, architect; home telephone sales or any other
activities of a similar nature.
H.
A home occupation shall, under no circumstances, be interpreted to
include a commercial stable or a dog kennel, automobile sales, small
engine repair shop, donut shop or any occupation where the principal
activity involves sales offered across the counter.
I.
Off-street parking shall be provided in accordance with the provisions of Article XVIII, "off-street parking." In addition to private employee vehicles only one business related vehicle may be parked on the premises. Such business related vehicle may only be a passenger car, station wagon, van or pickup truck not exceeding three-fourths ton capacity. Business identification is permitted to appear on the business vehicle.
7.
Recreational vehicle parks. Where permitted, Recreational Vehicle
Parks shall be subject to the following:
A.
The driveways, exists, entrances and walks shall be lighted and paved
in accordance with Township standards. One-way traffic cartways shall
be not less than 12 feet wide and two-way traffic cartways shall be
not less than 22 feet wide.
B.
Access to vehicle spaces shall not be permitted from any public road.
All such access will be provided by an internal access road.
C.
An area of not less than 1,500 square feet shall be provided for
each vehicle.
D.
The minimum width of each vehicle space shall be 25 feet.
E.
The minimum depth of each vehicle space shall be not less than 60
feet or 30% longer than the length of the vehicle, whichever requirement
is greater.
F.
Each vehicle shall be located not less than 25 feet from any building
and not less than 30 feet from lines bounding adjacent property.
G.
Separate provision shall be made for the parking of tow equipment
on or adjacent to the vehicle space or at a location removed from
the vehicle space. There shall be one such off-street parking space
not less than 10 feet wide and 20 feet long for each vehicle space
in the park.
H.
In addition to the off-street parking as required in Subsection 7G above, there shall be additional off-street parking space required equal to 1/2 of the number of vehicle spaces provided in the park.
I.
Recreation vehicle parks shall be provided with screening such as
fences or natural growth along the property boundary line separating
the parking and adjacent uses. If the buffer yards are already wooded
this plant life shall be maintained as screening.
J.
A land development plan of any proposed recreation vehicle park development
shall be presented to the Planning Commission and Board of Supervisors
for approval before any construction and any vehicle shall be permitted
on the site.
K.
Sewers.
(1)
Each vehicle park shall be provided with sewage disposal facilities.
The proposed provisions for sewage shall be presented to the Planning
Commission and the Township Engineer for approval before any vehicle
shall be permitted on the site. Approval shall be required from the
Pennsylvania Department of Environmental Resources.
(2)
A recreation vehicle park may be approved without individual
sewerage connection; provided, the park is serviced by approved central
toilet facilities and central shower facilities. Approvals shall be
required from the Township Supervisors and the Pennsylvania Department
of Environmental Resources.
8.
Motels and hotels. In districts where permitted, motels and hotels
shall be subject to the following safeguards and regulations.
[Amended by Ord. No. 3-2017, 8/22/2017]
A.
Where proposed as a land development, a plat shall be prepared and submitted to the Township in accordance with the South Hanover Township Subdivision/Land Development Ordinance [Chapter 22].
B.
No motel or hotel shall have a lot area of less than one acre.
C.
Front, side and rear yards of the motel or hotel shall be permanently
landscaped and maintained in good condition.
D.
Off-street parking and loading spaces for other facilities developed as part of the motel or hotel premises shall be provided as required by Article XVIII, Off-Street Parking.
E.
Every unit shall be provided with running hot and cold water and
separate toilet facilities and shall be connected to a public sanitary
sewage system.
F.
Motel and hotel buildings or parts thereof shall be placed no closer
than 30 feet to any lot line.
G.
The space between motel or hotel buildings shall be not less than
20 feet, and the space between the rears of units shall be not less
than the dimensions required for courtyards where such are formed
by the arrangement of units.
9.
Outdoor recreation areas, private or semiprivate. Unless otherwise
controlled by district regulations, private or semiprivate recreation
areas may be permitted; provided, that:
B.
Clubs, lodges and fraternal organizations shall be permitted only
when conducted as nonprofit enterprise, dining facilities for benefit
of club members only, no sign advertising food or beverage is displayed
and buffer yards will be provided as required by this chapter.
C.
Site development shall include protective measures to adjoining properties
in regard to dust, noise and glare as deemed necessary by the Board
to protect public safety and welfare.
D.
All lighting shall be so arranged and shielded so that no unreasonable
glare or illumination is cast upon adjoining residential uses in any
district.
10.
Private yard and garage sales. Such activities may be permitted based
on the following conditions:
A.
Such sales are limited to two per year per dwelling unit.
B.
All activities are conducted in such a manner that no hazards, nuisances
or traffic safety problems are created.
C.
The duration of such a sale shall not exceed two consecutive days
and shall not commence prior to 9:00 a.m. nor continue after sunset.
D.
Authorization to conduct such activities shall require a zoning permit.
The zoning fee shall be waived for such permit.
[Amended by Ord. No. 3-2017, 8/22/2017]
11.
Public utility service and distribution facilities. Public utility
buildings shall be permitted in any district without regard to the
use and area regulations; provided, however, that buildings erected
for these utilities shall be subject to the following regulations:
A.
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the building is located.
B.
Height of building shall conform to the district regulations.
C.
Unhoused equipment shall be enclosed with a chain link fence six
feet in height topped with barbed wire. Selected planting shall be
used to minimize adverse visual affects.
D.
Housed equipment. When the equipment is totally enclosed within a
building no fence or screen planting shall be required and the yard
shall be maintained in conformity with the district in which the facility
is located.
[Amended by Ord. No. 3-2017, 8/22/2017]
E.
Screen planting. The required fence for unhoused equipment shall
be surrounded by an evergreen planting properly maintained for visual
appearance.
F.
The external design of the building shall be in conformity with the
buildings in the district.
G.
Access for unhoused equipment. Where vehicular access is across the
front yard the gate shall be constructed of solid materials having
not less than 50% solid in ratio to open space.
H.
Public utility transmission and distribution facilities shall be
permitted in any district subject to rules and regulations necessary
to public health and safety. Area, lot, yard, height and other regulations
contained in this chapter may be modified by the Zoning Hearing Board
to achieve justice and secure public safety and welfare.
12.
Solar collectors and solar-related equipment.
A.
Solar collectors and solar-related equipment shall be permitted in
any district as an appurtenance to a building or as a detached accessory
structure.
B.
When a solar energy collection system is installed on a lot, accessory
structures or vegetation on an abutting lot shall not be located so
as to block the solar collector's access to solar energy. The portion
of the solar collector to be protected is defined by the following:
C.
This subsection does not apply to accessory structures or vegetation
existing on an abutting lot at the time of installation of the solar
energy collection system or on the effective date of this article,
whichever is later. This subsection controls any accessory structure
erected on or vegetation planted in abutting lots after the installation
of the solar energy collection system.
D.
A statement that a solar energy collection system is to be installed
on a lot shall be filed with the Township Zoning Officer on the date
the zoning permit for the solar system is issued with the date of
installation being the date of recordation. The solar facility must
be completed and the Zoning Officer notified of completion within
one calendar year from the date of permit issuance.
13.
Solid waste storage facilities. All multifamily and nonresidential
buildings or uses shall include adequate facilities on site for the
proper storage of solid wastes in accordance with the provisions of
the Township refuse collection regulations and as hereinafter provided:
A.
Storage areas shall have hardened, stabilized surfaces with outdoor
areas constructed to prevent accumulation of rainfall.
B.
Storage areas shall be located such that collection vehicles will
not obstruct the public street or otherwise violate Township regulations
while parked for collection of refuse and shall be provided with accessways
facilitating ready deposit and collection of refuse.
C.
Storage areas shall be of sufficient size to accommodate the container
capacity required to store the refuse accumulation between collections
but shall not be less than four by eight feet in size or of other
dimensions providing an approved equal space.
14.
Swimming pools. Swimming pools shall be permitted subject to the
following:
A.
The property or the immediate area in which any outdoor pool capable
of containing water 24 inches or more in depth shall be completely
surrounded by a fence or wall not less than four feet in height which
may be so constructed to have openings, holes or gaps not larger than
six inches in any dimension. Should the wall of the pool be above
ground the height of a required fence on the wall may be reduced so
that the total height of the wall of the pool and the fence shall
be not less than four feet.
B.
A dwelling, accessory building or decorative wall feature may be
used as part of such enclosure (fenced area).
C.
All gates or doors opening through the fence shall be equipped with
a self-closing and self-latching and locking device for keeping the
gate or door securely closed when not in actual use except that the
door of any dwelling which forms a part of the enclosure need not
be so equipped.
D.
It may not be located, including any walks or paved areas or accessory
structures adjacent thereto, closer than 20 feet to any property line
of the property on which located except that the location of any pool
situated in the R-V Residential Village District shall be governed
by the yard regulations provided for in said district's regulations.
15.
Apartment, accessory. Where permitted as a conditional use an accessory
apartment may be created in a single-family detached dwelling; provided,
that:
A.
The apartment will be a complete and separate housekeeping unit that
can be isolated from the original unit.
B.
One apartment will be created within a single-family detached dwelling
unit to be used/occupied by a person or persons related by marriage
or blood relative only.
C.
The owner(s) of the residence in which the accessory unit is created
shall occupy at least one of the dwelling units on the premises except
for bona fide temporary absences.
D.
The accessory apartment shall be deigned so that, to the degree feasible,
the appearance of the building remains that of a single-family detached
dwelling.
E.
The design and size of the apartment conforms to all applicable state
and Township standards/codes.
F.
The accessory apartment shall be no more than 30% of the structure's
total floor area, not greater than 400 square feet.
G.
A minimum of 300 square feet of floor area shall be required.
H.
At least a total of three off-street parking spaces are available
for use by the owner-occupant and tenant.
16.
Automobile or gasoline service stations. In districts where permitted
service stations shall be subject to the following safeguards and
regulations:
B.
All driveways and service areas shall be paved with a surfacing material
approved by the Township.
C.
Driveway areas and service areas shall be distinguished from sidewalk
areas by painted lines.
D.
Motor vehicles shall not be permitted to be parked or to stand on
sidewalk areas.
E.
Minimum frontage on an interior lot shall not be less than 125 feet
and on a corner lot on a side street not less than 100 feet and the
front street not less than 125 feet.
F.
Gasoline pumps shall be set not less than 20 feet from any street
line and not less than 30 feet from any residential zone boundary
line.
G.
Hereafter, no service station shall be located nearer than 1,000
feet to the lot line of any school, hospital, nursing home or convalescent
home.
[Amended by Ord. No. 3-2017, 8/22/2017]
17.
Churches, hospitals, convalescent homes, nursing homes, municipal
buildings, schools and other public and semipublic buildings.
A.
In districts where permitted these uses shall meet the following
requirements:
(1)
The lot area shall be determined on the basis of building size,
yard requirements listed below and parking requirements but in no
case shall the lot area be less than the minimum lot area permitted
in the district in which it is located.
(2)
Lot coverage. Lot area covered by all buildings, including accessory
buildings, shall not be greater than 30% of the area of the lot.
(3)
Width regulations. The lot width at the required building line
shall be based on the building size and yard requirements but in no
case shall the lot width be less than the 100 feet in width.
(4)
Yard regulations. Each lot shall have yards not less than the
following depths or widths:
B.
Off-street parking. Parking shall be provided in accordance with the provisions of Article XVIII hereof. Portions of the required front yard setback may be used for off-street parking when authorized as a special exception.
(1)
Service and access drives shall be at lest 15 feet wide and
not over 25 feet wide and shall be permitted to cross required yard
areas, provided that the center line of the permitted drive shall
not be a lesser angle to the street than 60°.
[Amended by Ord. No. 3-2017, 8/22/2017]
(2)
If greater controls are established for the district in which
these users are to be located, such control or controls shall take
precedence over any or all of the foregoing.
C.
Existing structures cannot be remodeled, converted or otherwise used
for schools, hospitals, churches or other public uses until such plans
are presented to the Zoning Hearing Board together with approvals
as may be necessitated by state and local law and rules and regulations
of the Department of Labor and Industry, the State Department of Environmental
Resources and others. If the Zoning Hearing Board finds any such plans
and proposals are not in conflict with the intent and purposes of
this chapter, such uses may be permitted.
18.
Cemeteries. Where permitted, cemeteries may be established subject
to the following:
A.
A cemetery shall not be located within 200 feet of a residential
use; provided, however, that this restriction does not apply to a
caretaker's residence.
B.
A site development plan containing the following information shall
be submitted for review and approval:
(1)
Site location.
(2)
Metes and bounds of tract.
(3)
Location of all existing and proposed structures and identification
of use.
(4)
Layout of plots, vaults, etc.
(5)
Location of utilities, access drives and parking.
(6)
Existing and proposed contours.
(7)
Proposed landscaping.
(8)
Stormwater management plan.
C.
All permits, licenses and approvals required by applicable Commonwealth
of Pennsylvania agencies shall be obtained before issuance of local
permits.
19.
Golf courses and country clubs. Where permitted, the following standards
shall also apply:
20.
Medical centers and dental clinics. Where permitted, a building for
use as a medical center may be erected and used provided that:
A.
The building shall be occupied and used only persons licensed to
practice the healing arts in the Commonwealth of Pennsylvania and
their staffs.
B.
The lot area shall be determined on the basis of building size, yard
requirements, parking and access requirements and other applicable
standards but in no case shall be less than the minimum lot area permitted
in the district in which it is located.
C.
The front yard depth shall be 35 feet; the side yard width shall
be 35 feet; the rear yard depth shall be 35 feet.
D.
Lot width shall be determined by the size of the building and setbacks.
E.
A buffer yard/screen planting of no less than five feet in depth
shall be maintained along all property lines abutting a residential
use.
22.
Garden apartments. Where permitted, all garden apartments shall comply
with the following:
23.
Wind energy conversion systems. Where permitted, windmills, windwheels
or wind energy conversion systems (WECS) shall be subject to the following
conditions:
A.
The structure supporting the wind rotor unit, including any necessary
guideposts and supporting cables, shall be independent of any occupied
structure and located a minimum distance of the tower height plus
10 feet from any existing aerial utility line or occupied dwelling
and shall not be more than 75 feet in height.
B.
The minimum distance between the tower and any property line shall
be not less than twice the height of the tower.
C.
The minimum distance between grade and the lowest point of the rotor
blade shall be 20 feet.
D.
All electric lines/utility wires shall be buried underground.
E.
Any mechanical equipment associated and necessary for operation,
including a building for batteries and storage cells, shall be enclosed
by a six-foot fence. The supporting structure shall also be enclosed
by a six-foot fence unless the base of the tower is not climbable
for a distance of 12 feet.
F.
When building is necessary for storage cells or related mechanical
equipment the building shall not exceed 100 square feet.
G.
One windmill, windwheel or WECS shall be permitted per lot.
H.
The resultant energy harnessed from the wind shall not be used on
property other than that on which located unless all applicable cogeneration
requirements are met.
I.
The supporting structure and generating unit shall be kept in good
repair and sound condition. Upon abandonment of use, the supporting
structure and related structures shall be dismantled and removed from
the property within 60 days.
J.
The applicant shall demonstrate that any noise from the wind generating
unit shall not exceed 45 dBA measured at the property line.
(1)
A "decibel" shall mean a unit for measuring the relative intensity
of sounds. More specifically, a unit for expressing the ratio of two
amounts of acoustic signal power equal to 10 times the common logarithm
of this ratio.
(2)
"A" weighted sound level shall mean the total sound level in
decibels of all sound as measured with a sound level meter with a
reference pressure of 20 micro-pascals using the "A" weighted network
(scale) at slow response. The unit of measurement shall be defined
as dB(A).
24.
Satellite dish antennas. Dish antennas shall be a permitted accessory
use in any district and shall comply with the following conditions
and requirements:
A.
All dish antennas shall meet the yard setback and height limitations
for the zoning district in which they are located.
B.
Distance of any guy anchorage or similar device shall be at least
10 feet from any property line.
C.
Dish antennas shall not be located in the front yard area of any
lot.
D.
The applicant shall present documentation of the possession of any
required license by any federal, state or local agency.
E.
No antenna shall be in excess of a height equal to the distance from
the base of the antenna to the nearest overhead electrical power line
less five feet.
F.
Applications for a permit must include construction drawings showing
proposed method of installation, structural engineering analysis and
site plan depicting antenna on the property. At the request of the
Zoning Officer, documentation of a maintenance program may be required.
G.
The owner of such an antenna shall assume complete liability in case
of personal or property damage.
25.
Heliports. Where permitted as a conditional use heliports shall comply
with the following:
A.
Provide proof that the site/facility has been licensed by the Pennsylvania
Department of Transportation (PennDOT) as complying with applicable
approach, corridor, design and other safety criteria.
B.
Has received such approval and clearance from the Federal Aviation
Administration (FAA) as may be required by the Federal Aviation Regulations.
C.
No such activities shall in any way detrimentally interfere with
operations of the Harrisburg International Airport.
D.
A permit for establishment of such site/facility has been issued
by the Township. A permit shall not be required by the Township when
take off and landing activities are in conjunction with law enforcement
purposes or emergencies.
F.
When a site/facility permit, license or clearance has been revoked
the operator shall immediately cause the site/facility to be closed
to all helicopter operations.
26.
Municipal uses. In any district a building may be erected, altered
or extended and land may be developed which is arranged, intended
or designed for municipal uses including municipal recreation use.
27.
Guesthouse and domestic employees quarters. As a conditional use
a guesthouse or domestic employee's quarters may be established on
a lot in any residential district as an accessory use to a principal
single-family detached dwelling subject to the following conditions:
A.
The area of a lot proposed to contain either one or both accessory
uses shall be not less than two acres. This standard shall be applied
when such uses are detached from the principal dwelling unit.
B.
Where public sewerage and/or water service is not provided the minimum
permitted lot area shall be increased if necessary to adequately support
on-lot sewage disposal and/or water supply.
C.
Accessory uses established through this process shall be administered under the definition of land development. A land development plan shall be submitted and processed as required by the Township Subdivision and Land Development Regulations [Chapter 22].
D.
Accessory uses established through this process shall not be subdivided
from the parent tract and assigned individual lot status. A statement
to this effect shall be included as a recorded restrictive covenant
running with the land. A similar statement shall be placed on recorded
final land development plans and building permits issued for the construction
of any such structures.
E.
All other applicable standards of the district in which located shall
be complied with.
28.
Containment of grazing animals as an accessory residential use. As
a conditional use in an residential district (except the R-MH District),
when associated with a single-family residential use, property owners
may be permitted to contain grazing animals subject to the following
conditions and standards:
A.
Such animals are owned by the property owner or property lessee with
written permission of the property owner.
B.
The location and use of such animals on the property is not for commercial
or business purposes. The use and/or consumption of such animals is
limited to the inhabitants of the property.
C.
The grazing animals permitted by this provision and the ratio of
animal to open grazing area shall be as follows:
One equine (horse) per acre.
One bovine (cattle) per acre.
One — three bovine (sheep) per acre.
One — three caprine (goat) per acre.
The grazing area ratio per type of animal shall not be overlapping.
D.
The required grazing area shall be located within the side and/or
rear lot areas.
E.
The grazing area shall be enclosed with a fence of suitable construction
to provide for safe and adequate confinement of all animals proposed
to be located on the property.
F.
The grazing area shall not include any portion of the minimum permitted
lot area per dwelling unit of the zoning district in which located.
G.
The storage of manure shall not be permitted within 100 feet of the
applicable property lines. The manure storage area must be located
within the required grazing area.
29.
Country estate. Where permitted as a conditional use country estate-type
development may be established subject to the following conditions:
A.
The lot area shall be not less than five acres.
B.
Panhandle or flag lots shall be designed so that the lot width at
the street right-of-way line is not less than 50 feet and arranged
so that not more than two have common property lines abutting one
another at the street right-of-way line.
C.
The permitted lot width at the location of the dwelling on such lots
shall be not less than 150 feet.
D.
Unless abutting the turnaround portion of a cul-de-sac street, lot
lines so established shall be as parallel to one another as possible.
E.
The stem or access portion of the lot shall maintain a minimum width
of 50 feet and shall not change direction more than once. The stem
shall not exceed 400 feet in length unless additional length is needed
to avoid disturbance of productive farmlands or some other significant
natural feature.
F.
The application of Article XIX of this chapter ("motor vehicle access") may be partially modified to allow for the creation of dwelling lots that do not have separate individual vehicular access; however, at a minimum, such lots must have vehicular access to a joint-use driveway that serves no more than four individual dwelling lots, all of which must be contiguous. Cross access easements to ensure common use of, access to and maintenance of joint-use driveways shall be implemented for each property relying upon said joint-use driveway. Such cross-access easements shall be required in language acceptable to the Township Solicitor. For the purpose of establishing yards and setbacks upon lots using joint-use driveways, the joint-use driveway shall be considered a "street right-of-way" as defined herein. All joint use driveways shall have a minimum cartway width of 16 feet and be stabilized as deemed necessary by the Township Engineer and Board of Supervisors.
G.
Residential lots created through this process, after the effective
date of this chapter, shall not be further subdivided nor shall such
lots be developed to contain more than one principal dwelling except
for an accessory apartment, guesthouse or servants quarters which
shall be considered accessory uses. A statement to this effect shall
be included as a recorded restrictive covenant running with the land.
A similar statement shall be placed on recorded final subdivision/land
development plans and building permits issued for the construction
of any such structures.
H.
The minimum lot area shall be increased if necessary to support on-lot
sewage disposal and/or water supply servicing accessory uses. No portion
of the stem area shall be used for on-site sewage disposal.
I.
All other applicable standards of the district in which located shall
be complied with.
J.
Permitted accessory structures may be located within a required yard
adjacent to a private street or joint use driveway subject to the
following conditions and restrictions:
(1)
The accessory structure is not intended for human habitation.
(2)
The accessory structure is for farming or agricultural use purposes.
(3)
The accessory structure does not have a floor area greater than
800 square feet.
(4)
The accessory structure may not be located nearer to the right-of-way
of the private street or joint use driveway than the distance equal
to 60% of the yard area or set back otherwise required. For example,
if the required side yard is 25 feet, the accessory structure permitted
under this subsection must be set back from the right-of-way line
a distance of no less than 15 feet.
(5)
The applicant for a permit to erect the accessory structure
must own the parcel or lot on which the accessory structure is to
be erected or constructed and must also own the parcel or lot which
abuts the opposite side of the private road or joint use driveway.
30.
Residential bed-and-breakfast establishment. Where permitted, residential
bed-and-breakfast establishments may be established in an existing
dwelling as a conditional use subject to the following standards:
A.
The owner, or owner's agent, of the dwelling structure in which such
uses are conducted must reside in the dwelling structure.
B.
The dwelling structure is served by an approved sewage system and
water supply.
C.
Bedrooms shall not be used for cooking of any kind and all meals
shall be taken in substantially family type dining facilities.
D.
No public restaurant service shall be conducted.
E.
Bedrooms shall contain a minimum of 90 square feet of habitable floor
area for one person and a minimum of 120 square feet of habitable
floor are for two or three persons. The number of bedrooms for such
purposes shall not exceed the number existing in the dwelling at the
time the conditional use application is submitted to the Township.
F.
No more than three persons per bedroom shall be permitted.
G.
The development standards set forth in the applicable zoning district
shall apply. The minimum lot area shall be increased as necessary
to accommodate off-street parking.
H.
In the Village District a buffer yard/screen planting snail be established
along all property lines abutting an adjacent residential use. In
the Residential Agriculture District a buffer yard/screen planting
shall be established along all property lines abutting an adjacent
residential use when any portion of the proposed bed-and-breakfast
structure, parking area or outdoor activity set aside for guests is
located within 50 feet of an adjacent residential dwelling.
I.
The conditional use application shall include a site development
plan providing the following information:
(1)
A location map showing surrounding areas, including identification
of all streets and alleys, and existing zoning districts.
(2)
A property plan showing lot boundaries by metes and bounds,
showing all adjacent streets or alleys, locating and describing all
easements, providing topographic contour information and all other
salient physical features, indicating the existing uses of all adjacent
lands and showing the location of the existing sanitary sewer and
water supply systems to which the establishment would be connected.
(3)
A development plan which provides the following information:
(a)
Internal conversion plan of the dwelling structure.
(b)
Locations of all residential structures (existing and proposed).
(c)
Nondwelling structures, locations and uses (existing and proposed).
(d)
Street right-of-way and cartway widths.
(e)
Location and width of access driveways.
(f)
Stormwater management and erosion control plans.
(g)
Buffer yard/screen planting areas.
(h)
Off-street parking plan providing sufficient spaces for all
uses.
(i)
Location of any outdoor activity area set aside for guests.
(j)
Total lot coverage by percent of area.
(k)
Distance of adjacent residential dwellings from the bed-and-breakfast
structure, parking area and any outdoor activity area set aside for
guests.
(l)
In allowing a conditional use the Board of Supervisors may revise
existing standards and attach such reasonable conditions and safeguards
in addition to those expressed in this chapter as it may deem necessary
to implement the purposes of this chapter.
[Ord. No. 2-1995, § 1503, 4/11/1995]
1.
Applications for conditional uses shall be processed in compliance with § 27-2109 of this chapter. In reviewing and deciding upon conditional use application the following standards and criteria shall apply:
A.
Compatibility. The proposed use will be reviewed as to its relationship
to and effect upon surrounding land uses and existing environmental
conditions regarding the pollution of air, land and water; noise,
potential of hazards and congestion; illumination and glare; restrictions
to natural light and circulation of air.
B.
Purpose. Review the intended purposes of the proposed use as it relates
to the Township's development objectives established in the Township
Comprehensive Plan.
C.
Suitability. The nature of activity and population serviced, numbers
of participating population, frequency of use, adequacy of space and
spatial requirements, potential generation and impact of congestion
will be reviewed as suitably related to the proposed location of potential
use.
D.
Accessibility. Ingress to the site of the proposed use, circulation
and movement of pedestrian and vehicular traffic, parking requirements
and accessibility to the existing and proposed Township highway system
will be reviewed.
E.
Serviceability. The adequacy of utility services and facilities such
as sanitary and storm sewers, water, trash and garbage collection
and disposal shall be revised and/or plans acceptable to the Township
shall demonstrate how services shall be provided.
F.
Applicability. The proposed use will be reviewed as to its application
to the coordination with the planning policies of the Township and
its Comprehensive Plan and plans for land use, highways, schools,
parks, sewers, water distribution and population growth.
H.
In granting a conditional use the Board of Supervisors may attach
such reasonable conditions and safeguards, in addition to those expressed
in this article, as it may deem necessary to implement the purposes
of this chapter.
[Ord. No. 2-1995, § 1504, 4/11/1995]
1.
The following uses are prohibited in all districts throughout the
Township:
A.
The incineration, reduction or storage (including transfer stations)
of garbage, offal, animals, fish or refuse unless by the authority
of or under the supervision of the Township. Specifications of the
Pennsylvania Department of Labor and Industry and the office of the
Fire Marshal shall be followed. The incineration which is generally
accessory to and conducted by individual home owners is permitted,
subject to rules and regulations of the Pennsylvania Department of
Environmental Resources.
B.
Dumps and dumping of any kind, other than an approved sanitary landfill,
unless by the authority of or under the supervision of the Township.
Solid waste activities shall comply with the Dauphin County Solid
Waste Management Plan.
C.
Junkyards.
D.
(Reserved)
[Amended by Ord. No. 3-2021, 4/13/2021]
E.
Head shops. No person shall operate a head shop or any other business
which involves, in whole or in part, the sale, lease, trade, gift
or display for sale of any and all types of drug paraphernalia in
any zoning district within the Township.
F.
Massage parlors in which there exists the offering or furnishing
of service in which "specified sexual activities":
(1)
The treatment of any person of the opposite sex except upon
the signed order of a licensed physician, osteopath, chiropractor
or registered physical therapist, which order shall be dated and shall
specifically state the number of treatments not to exceed 10. The
date and hour of each treatment given and the name of the operator
shall be entered on such order by the establishment where such treatments
are given and shall be subject to inspection by police. The requirements
of this provision shall not apply to treatments given in the residence
of the patient, the office of a licensed physician, osteopath or registered
physical therapist, chiropractor or in a regularly established and
licensed hospital or sanitarium.
(2)
The massage, or physical contact, with the sexual or genital
parts of one person by any other person. Sexual or genital parts shall
include the genitals, pubic area, buttocks, anus or perineum of any
person or the vulva or breasts of a female.
(3)
The failure to conceal with a fully opaque covering the sexual
or genital parts of the body.
G.
The establishment or operation of an adult bookstore, adult walk-in
picture theater or adult cabaret.
H.
The establishment or operation of any business which involves, in
whole or in part, the sale, lease, trade, gift or display for sale,
lease, trade or gift of any and all types of obscene materials.
[Ord. No. 2-1995, § 1505, 4/11/1995]
Whenever in any district established under this chapter a use
is neither specifically permitted or denied and an application is
made by a property owner to the Zoning Officer for such use the Zoning
Officer shall refer the application to the Zoning Hearing Board which
shall have the authority to permit the use or deny the use. The use
may be permitted if it is similar to and compatible with permitted
uses in the district and in no way is in conflict with the general
purpose and intent of this chapter.
[Ord. No. 2-1995, § 1506, 4/11/1995]
1.
No residential building shall be erected to a height in excess of
35 feet; provided, however, that this height may be increased one
foot for each additional foot that the width of each yard exceeds
the minimum required but no approval shall be granted for a height
increase in excess of 40 feet.
2.
Height regulations for a principal building located in a Commercial
Highway District or Office Park District may be increased in excess
of 40 feet, providing the following conditions so warrant:
[Amended by Ord. No. 3-2017, 8/22/2017]
A.
Buildings must be designed in accordance with all applicable building
codes and ordinances of South Hanover Township.
B.
Site plans must be designed in accordance with all applicable codes
and ordinances of South Hanover Township.
C.
When deemed necessary, the Chief of the Fire Department, or his designated
agent, will be consulted by the Zoning Officer for comments on building
and site plans with regards to built-in fire protection and/or prefire
planning.
D.
Public water supply with adequate flows must be permitted to the
site. Fire hydrants shall also be provided on the site.
E.
Buildings over 40 feet in height shall require all yard setbacks
to be equal to the height of said building.
F.
Buildings over 40 feet in height shall be compatible with the surrounding
land uses.
3.
Height regulations shall not apply to any of the following, provided
the use is not for human occupancy: agriculture buildings, spires,
belfries, cupolas, domes, chimneys, ventilators, skylights, water
tanks, bulkheads, public utility poles or towers, silos and ornamental
or necessary mechanical appurtenances.
4.
The height of any accessory building located in a residential district
shall not exceed 14 feet other than under the following circumstances:
[Amended by Ord. No. 4-2017, 8/22/2017]
A.
Accessory buildings devoted to farm use shall be exempt from height
regulations.
B.
The height of an accessory building may be increased to 19 feet subject
to the following standards:
C.
The height of an accessory building may be increased to more than
19 feet provided that the twenty-five-foot distance to the side lot
line or rear lot line is increased by one foot for each additional
one foot in height of the building; however, the maximum permitted
height shall not exceed 35 feet.
[Ord. No. 2-1995, § 1507, 4/11/1995]
1.
Lots not serviced by both a public water system and a public sanitary
sewer system shall be not less than 100 feet wide at the building
setback line and shall contain an area of not less than one acre.
2.
On a unimproved lot held in single and separate ownership at the
effective date of this chapter which does not fulfill the regulations
for the minimum lot area and width for the district in which it is
located a building may be erected, altered and used thereon provided
the yard space is not less than the minimum specified herein (and
further that the proposed sanitary sewer system is approved the Pennsylvania
Department of Environmental Resources).
3.
The area, width and depth of lots shall provide adequate open space
for off-street loading, unloading and/or parking space. When necessary,
septic tanks and drain fields shall be provided with open space in
addition to the open space required for off-street parking, other
paved areas and the area covered by the main building and buildings
and structures accessory thereto.
[Ord. No. 2-1995, § 1508, 4/11/1995]
1.
Yards shall be provided in accordance with the provisions set forth
herein and shall be planted with trees, shrubs, grass seed, sod, ground
cover excepting in cases where walks, access drives, off-street parking
lots, patios and other types of surfaces are permitted by this chapter.
All yards shall be maintained and kept free of all debris and rubbish.
A.
Front yards — Setbacks. Where the street or private road upon
which the lot abuts is less than 50 feet in width the front yard depth
and the width of the side yard abutting the street or private road
shall be measured from a line parallel to and not less than 25 feet
from the center line of the street or private road.
B.
Sight distance. Hereafter buildings, structures including signs and
plant materials shall be set back at street intersections to provide
a sight distance measured along the center line, 3 1/2 feet above
grade, of not less than 300 feet on arterial streets, 200 feet for
collector streets and 100 feet for minor streets. Such street classifications
are established in Table 7-2 of the South Hanover Township Comprehensive
Plan.
C.
Adjustments to setbacks in front yards.
(1)
When an unimproved lot is situated between two improved lots,
each having a principal building which extends into the required front
yard and has been so maintained since the effective date of this chapter,
the setback in the front yard of such unimproved lot may be the same
depth of the front yards of such two adjacent improved lots notwithstanding
the yard requirements of the district in which it is located.
(2)
Where an unimproved lot adjoins only one improved lot containing
a principal building within 25 feet of the common side lot line, which
extends into the required front yard, the setback in the front yard
of such unimproved lot may be the average depth of the front yard
of such adjacent improved lot and the front yard required for the
district notwithstanding the yard requirements for such district.
(3)
An accessory building shall not be erected or substantially
altered within any front yard.
D.
Side yards.
(1)
On a corner lot the side yard abutting the street shall have
a width equal to the depth of the front yard required in the district
and shall be subject to all front yard requirements of this chapter.
(2)
On a lot in a district where residential structures are permitted,
held in single and separate ownership at the effective date of this
chapter, with a lot width less than required for the zone district,
only one single-family dwelling may be erected and side yards shall
be provided according to the following requirements:
(a)
On interior lots with a width of 50 feet or more, two side yards
shall be provided as required by the district regulations.
(b)
On corner lots with a width of 50 feet or more, two side yards
shall be provided. The exterior side yard may be reduced by the number
of feet by which the lot width is less than the district requires
but may not be reduced to less than the required interior side yard.
The interior side yard shall be provided as required by the district
regulations.
(c)
On lots less than 50 feet but not less than 27 feet in width
two side yards shall be provided, each equaling 20% of the lot width.
(d)
On lots less than 27 feet but not less than 20 feet in width
the building shall be 16 feet in width and only one side yard shall
be provided, equaling in width the difference between the lot width
and 16 feet. One side wall of the building shall be constructed abutting
the lot line without openings but shall not be constructed as party
walls.
(e)
On lots less than 20 feet in width a building shall be constructed
the full width of the lot. Side walls abutting the lot lines shall
have no openings and shall not be constructed as party walls. For
such dwellings constructed to a depth of more than two rooms a court
not less than six feet in width shall be provided, abutting the side
wall for all rooms beyond the second room.
(3)
On a lot, in a commercial or industrial district, held in single and separate ownership at the effective date of this chapter, with a lot width less than required for the zone district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance based on the same criteria as listed under Subsection 1D(2) above for residential structures.
(4)
An accessory building may be erected within one of the side
yards or within the rear yard as follows:
(a)
An accessory building may be attached to the main building.
(b)
When not attached to a main building the accessory building
shall be not less than 10 feet from the main building except that
when no windows are located in the opposing walls the minimum distance
can be reduced to five feet.
(c)
When a side or rear yard is along an alley the accessory building
shall be located not less than 20 feet from the center line of the
alley.
(d)
When constructed in a rear yard the accessory building may be
located not less than five feet from the rear lot line.
(e)
When constructed in a side yard the accessory building shall
be no less than five feet from the side lot line.
(f)
A carport, open on three sides, may be erected within one of
the side yards when attached to a dwelling; provided, the carport
shall be not less than six feet from the side lot line.
(g)
When an accessory building is erected within the side or rear
yard adjacent to a side street on a corner lot, the accessory building
shall be not less than the required front yard depth from the exterior
side lot line.
(h)
On a corner lot in any residential district an accessory building
shall not be erected within 30 feet of the exterior side lot line
(street line); provided, however, that when the main building exists
on both the corner lot and lot abutting the rear of the corner lot
an accessory building may be erected at the average distance from
the street line established by the existing main building.
E.
Courts. Courts shall conform to the following requirements:
(1)
An open space in the form of an inner court or outer court shall
be provided in connection with any building in any residential or
business district wherever any room therein in which a person or persons
live, sleep or congregate cannot be adequately lighted and ventilated.
Such court shall be adjacent to the room the windows of which shall
open in such court. (This section shall not apply where controlled
light and/or ventilation are required nor to climatized structures
of all kinds.)
(2)
Outer court.
(a)
The width of any outer court upon which windows open from a
living room, bedroom or dining room shall be not less than the height
of any wall opposite such windows.
(b)
The depth of an outer court formed by walls on three sides shall
be not greater than 1 1/2 times the width.
(c)
The width of an outer court shall be not less than two-thirds
the height of any opposing wall forming said court.
(3)
Inner court.
(a)
The least dimension of an inner court shall be not less than
the full height of the walls enclosing such court but not less than
50 feet for apartment buildings and not less than 10 feet for two-family
dwellings.
(b)
An open and unobstructed passageway shall be provided for each
inner court. Such passage of firefighting equipment shall be continuous
from the inner court to a yard or an unobstructed open area with access
to a street.
F.
Buffer yards and screen plantings. Unless otherwise permitted, where
buffer yards are required by the terms of this chapter they shall
be provided in accordance with the following standards:
(1)
A buffer yard of 50 feet shall be required in all cases where
a nonresidential use or district boundary abuts a residential use
or residential district boundary.
[Amended by Ord. No. 3-2017, 8/22/2017]
(2)
At least 20 feet of the buffer yard area shall be planted with
a dense screen planting having an opacity of 80% after the first year
and thereafter. The remainder of the buffer yard area shall be planted
with grass, seed, sod or ground cover. Buffer yards shall be kept
free of all debris and rubbish.
(3)
When said district boundary is a public street the buffer yard
area shall be planted with a dense screen planting having an opacity
of 80% after the first year and thereafter. The remainder of the buffer
yard area shall be planted with grass, seed, sod or ground cover.
Buffer yards shall be kept free of all debris and rubbish.
(4)
The required yard space for the district in which the use is
located may be considered as all or part of the buffer yard area.
(5)
No structure, storage area or parking, loading/unloading area
shall be permitted in the required screen planting area; however,
such area may be crossed by access drives. Automobile parking may
be permitted in that portion of the buffer yard not required for screen
planting.
(6)
The screened buffer may consist of a masonry wall, wood fence,
trees, shrubs, berms or a combination thereof. In the event a masonry
wall or wood fence is used for screening purposes, vegetative landscaping
shall be placed and maintained between the wall or fence and the property
line adjacent to the residential district or use to form an ornamental
screen.
G.
Projections in yards.
(1)
Cornices, eaves, gutters, bay windows and chimneys may not project
into the front, side or rear yard of a lot more than 24 inches.
[Amended by Ord. No. 3-2017, 8/22/2017]
(2)
Covered porches and carports, whether enclosed or unenclosed, shall be considered as part of the dwelling and shall not project into any yard unless permitted under Subsection 1D(4)(f) above.
(3)
Patios, wooden decks, stoops, stairs and window wells customarily
incidental to the dwelling may project into front, side or rear yards
of a lot a distance not to exceed 48 inches.
(4)
For residential single-family dwellings, driveways and adjacent
parking aprons shall be located no closer than two feet from a side
property line.
[Amended by Ord. No. 3-2017, 8/22/2017]
H.
Fences and walls.
(1)
Fences and walls may be erected, altered and maintained within
yards; provided, that any such fence or wall in the front yard shall
not exceed 3 1/2 feet in height and any fence or wall in the
side or rear yard shall not exceed six feet or more in height; provided,
that any fence or wall exceeding six feet in height shall contain
openings therein equal to 50% of the area of that portion of the wall
or fence exceeding six feet.
(2)
If the fence is wood cover on wood frame the framework must
face onto the interior of the lot unless the fence is so designed
as to provide equal frame and cover area to adjoining yards.
(3)
If the fence is open metal mesh supported by posts and frame
of either pipe or wood, the posts and frames must be on the interior
of the mesh.
(4)
If the fence is of masonry construction, a finished surface
must be provided on the exterior side.
(5)
No fence shall be constructed in any street or alley right-of-way.
I.
Obstructions to vision.
(1)
No fence, sign or other structure shall be erected, altered
and no hedge, tree, shrub or other growth shall be maintained or permitted
which may cause danger to traffic on a street or public road by obscuring
the view.
(2)
On corner lots, no walls, fences, signs or other structures
in excess of 3 1/2 feet in height shall be erected or altered
and no hedge or other plant material in excess of 3 1/2 feet
in height shall be permitted within 25 feet in any direction of the
intersection of the right-of-way.
J.
Storage - on-lot. Excepting in the case of agricultural, farm machinery
or automobile dealerships, no unlicensed commercial vehicle, truck,
tractor, trailer, mobile home, boat or any similar vehicle, material
or equipment shall be regularly parked or stored for more than 24
hours in any district unless it is:
(1)
In an enclosed structure.
(2)
If not in an enclosed structure the vehicle, material or equipment
shall be screened from view from the adjoining properties and the
street at all seasons of the year. The screening may be an evergreen
hedge or fence or combination of materials of a size and spacing as
approved by the Township Supervisors.
(3)
The storage of the vehicle, material or equipment shall not
be permitted within any required front yard. Such storage may occur
in side and rear yards but not closer than 10 feet to a lot line.
(4)
The foregoing regulations do no apply to an occasional visitor
to a dwelling in a residential district.
[Ord. No. 2-1995, § 1509, 4/11/1995]
The minimum habitable floor area of a dwelling unit or any building
or structure hereafter erected or used for living purposes shall be
600 square feet. In case of apartment units and conversion/accessory
apartments, the minimum habitable floor area shall be not less than
300 square feet per apartment except those apartments designed for
and occupied extensively by one person, which apartment shall each
contain not less than 150 square feet of habitable floor area.
[Ord. No. 2-1995, § 1510, 4/11/1995]
The area, width or depth of any lot shall not be reduced by
subdivision, sale or development so that the lot width, lot area,
lot area per dwelling unit, courts and yards or other spaces are smaller
or so that the coverage is greater than prescribed herein.
[Ord. No. 2-1995, § 1511, 4/11/1995]
1.
All methods and plans for the on-lot disposal of sewage and waste
shall be designed in accordance with all applicable regulations pertaining
to the treatment and disposal of sewage and wastes. A certificate
or statement of adequacy from the Department of Environmental Resources
shall be a prerequisite to the issuance of a building permit.
A.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces nor shall any substance which can contaminate a stream or
watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation or which will destroy aquatic
life be allowed to enter any stream.
B.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall not be stored outdoors unless enclosed
in containers which are adequate to eliminate such hazards.
[Amended by Ord. No. 3-2017, 8/22/2017]
[Ord. No. 2-1995, § 1512, 4/11/1995]
1.
Hereafter, all uses of land, buildings and structures for industrial
processes shall be prohibited that may be noxious or injurious by
reason of the production or emission of dust, smoke, refuse matter,
odor, gas fumes, noise, vibration or similar substances or conditions;
provided, however, that any uses may be permitted except those specifically
prohibited in the district regulations or general provisions, if adequate
provisions, and safeguards to protect the health, safety, morals and
the general welfare of the community are established by a written
agreement, subject to the securing of a permit therefor and subject
to the carrying out of such provisions, restrictions and safeguards.
A.
Construction operations. Construction, alteration, remodeling, demolition,
and repair activities that a have current and valid permit, as well
as the delivery and removal of materials and equipment associated
with these activities, are limited to the hours from 7:00 a.m. to
8:00 p.m. Monday through Saturday, and from 9:00 a.m. to 8:00 p.m.
Sunday and holidays, subject to the following standards:
[Amended by Ord. No. 5-2017, 9/12/2017]
(1)
Impact construction or demolition operations, such as pile drivers,
jack hammers, concrete saws and similar machinery, tools and equipment,
shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. Monday
through Saturday and shall not be permitted on Sunday or holidays.
(2)
Agricultural and farming operations and work performed by the
owner and the owner's family at the owner's personal residence, authorized
emergency vehicles and emergency utility company work are exempted
from the standards of this section.
(3)
The limitations on construction hours shall be noted on the
building permit and approved building plans.
B.
Odors. No continuous, frequent or repetitive emission of odors or odor-causing substance which would be offensive at or beyond any property line will be permitted. The existence of an odor shall be presumed when the concentration of the odor-causing substance or substances in the air at any point at or beyond the property line of the source exceeds the lowest concentration listed as the odor threshold for such substance or substances in Table III (odor thresholds) appearing in Chapter 5 of the Air Pollution Abatement Manual, as amended. Substances not cited in said table shall be deemed odorous when analysis by a competent technician demonstrates that a discernible odor is being emitted.
C.
Offensive area. All areas for parking, recreation, service, utility
equipment, waste receptacles and/or other elements which because of
their appearance, odor and/or noise would be offensive to those occupying
the lot or adjoining lots or those on the street shall be screened,
landscaped or otherwise treated to eliminate the offensive condition.
D.
Lighting. Lighting of all types shall be directed so as to reflect
away from adjacent lots and public rights-of-way. Effort must also
be made to minimize glare on adjacent property.
E.
Fire. No structure nor activity on a site or within a structure shall
pose a hazard of fire for adjacent lots and/or structures. Access
for firefighting men and equipment shall be provided for every structure
on the site.
F.
Smoke. It shall be unlawful for any person to permit the emission
of any smoke from any source whatever of a density equal to or greater
than that density described as No. 2 on the Standard Ringelmann Chart
published by the U.S. Bureau of Mines.
G.
Toxic and noxious matters. No emission which would be demonstrably
injurious to human health, animals or plant life at or beyond the
boundaries of any lot will be permitted. Where such an emission could
result from an accident or equipment malfunction adequate safeguards
considered standard for safe utilization of the toxic and noxious
matters involved shall be taken.
H.
Radiation hazards. The handling of radioactive materials, the discharge
of such materials into air and water and the disposal of radioactive
waste shall be in conformance with the applicable regulations of the
federal and state governments.
I.
Fire and explosive hazards. The storage, utilization or manufacture
of solid materials or products ranging from free or active burning
to intense burning is permitted but only if said materials or products
are stored, utilized or manufactured within a completely enclosed
building having an incombustible exterior and protected throughout
by an automatic fire extinguishing system.
J.
Glare and heat. Any operation producing intense glare or heat shall
be performed within an enclosure so as to completely obscure such
operation from view from any point along the property line except
during the period of construction of the facilities to be used and
occupied.
K.
Electromagnetic radiation. In the interest of maintaining an atmosphere
fruitful to research there shall be no electromagnetic interference
that adversely affects at any point the operation of any equipment
other than that belonging to the creator of such interference or that
is not in conformance with the regulation of the Federal Communications
Commission.
L.
Fly ash, dust, fumes, vapors bases and other forms of air pollution.
No emission which can cause any damage to health, to animals or vegetation
or other forms of property or which can cause any excessive soiling
at any point and in no event any emission from any chimney or otherwise
of any solid or liquid particles in concentrations exceeding three-tenths
grain per cubic foot of the conveying gas or air at any point shall
be permitted. This shall be measured at the point of emission.
M.
Water. No emission of polluters (as defined by the Pennsylvania Department
of Environmental Resources) into a waterway or sewage extending beyond
the property line shall be permitted.
[Ord. No. 2-1995, § 1513, 4/11/1995; Ord. No. 12-1999, § 1, 12/14/1999]
1.
Prior to obtaining a permit for any construction or earth moving
activities, the applicant must submit an erosion and sedimentation
control plan and surface water management plan for approval by the
Township Engineer.
2.
The plan required by this section on land located within the Multi-Creek
Watershed shall comply with the provisions of the Multi-Creek Watershed
Stormwater Management Plan approved by the Dauphin County Commissioners
and the Pennsylvania Department of Environmental Protection.
[Ord. No. 2-1995, § 1514, 4/11/1995; Ord. No. 2-2007, § 15, 5/22/2007]
2.
The illumination of the exterior grounds of commercial and industrial
establishments shall be arranged in such a manner that the direct
rays of the light source shall not enter any residential building
or fall within the right-of-way of any street or highway.
[Ord. No. 2-1995, § 1515, 4/11/1995]
1.
The application for a permit for any and all uses shall be accompanied
by a site plan showing building location, service and parking areas
and access to highways. Where a driveway or access road gives access
to a state road or highway, approval by the Pennsylvania Department
of Transportation shall be required.
2.
Where a driveway or access road gives access to a Township road,
approval by the South Hanover Supervisors shall be required.
[Ord. No. 2-2005, 5/24/2005]
1.
All dumpsters located in any multifamily residential district or
any nonresidential district and utilized for collection and storage
of solid waste and recyclable material shall be screened from view
from adjacent streets and properties by a screening device.
2.
A required screening device may be made of brick, masonry block,
masonry with a stucco or mortar wash finish, cedar, redwood, chain-link
fence with interlocking polyethylene vertical slats or other similar
material approved by the Township Zoning Officer. The screening device
shall have openings through which light and air may pass and shall
have an opacity of no less than 75%. Materials similar to and compatible
with the materials used for the principal structure on the lot are
preferred.
3.
The dumpster screening device shall be a three- or four-sided structure.
The height of the screening device shall be at least one foot higher
than the dumpster to be screened.
4.
If the opening of the dumpster screening device is not visible from
a public street, a three-sided screening device is acceptable. If
the opening of the screening device is visible from a public street,
a gate equal in height to the height of the required screening device
shall be installed and shall be kept closed at all times except when
the dumpster is being loaded or unloaded.
5.
The dumpster and dumpster screening device shall only be located
at the rear yard or a side yard and may not be located in any front
yard.
7.
The screening requirement shall not be applicable to dumpsters placed
temporarily on a lot for collection of construction debris or for
debris and trash cleanup and removal from the premises on which the
dumpster is temporarily placed.
