A.
Continuation. Any lawful use of a building or land
existing at the effective date of this chapter may be continued, although
such use does not conform to the provisions of this chapter.
B.
Extension. A nonconforming use of land or building
shall not be extended or structurally altered; provided, however,
that the Borough Council may, as a conditional use, authorize:
(1)
The structural alteration of a nonconforming building
where such alteration is necessary for the building or the use of
the building to conform to the requirements of the district in which
such building is situated.
(2)
The extension of a nonconforming use of a portion
of a building throughout the building, or the limited extension of
a building which is devoted to a nonconforming use on a lot, provided
that:
(a)
It is clear that such extension is not materially
detrimental to the character of the surrounding area or the interests
of the Borough.
(b)
The area devoted to the nonconforming use shall
in no case be increased by more than 50% of the size of the footprint
of the existing nonconforming structure.
[Amended 2-2-2010 by Ord. No. 853, approved 2-2-2010]
(c)
Such extension shall conform to the area and
height regulations of the district in which it is situated.
C.
Changes. An existing nonconforming use may be changed
to another nonconforming use when authorized as a conditional use
by the Borough Council. However, Borough Council reserves the right
to set conditions on such use and the associated improvements required
to construct and operate the new use.
D.
Restoration. A nonconforming building wholly or partially
destroyed by fire, explosion, flood or other phenomenon, or legally
condemned, may be reconstructed, repaired and used for the same nonconforming
use, provided that reconstruction shall be commenced within six months
from the date the building was destroyed or condemned. This reconstruction
shall be carried on without interruption. No such building shall be
used for a nonconforming use until it is completed to the satisfaction
of the Borough Manager or his or her designee. Reconstruction must
be completed within 12 months following the destruction.
E.
Abandonment. If a nonconforming use of a building
or land is voluntarily abandoned and ceases for a continuous period
of one year or more, subsequent use of such building or land shall
be in conformity with the provisions of this chapter.
A "nonconforming lot" is a lot the area or dimension
of which was lawful prior to the adoption or amendment of a zoning
ordinance but which fails to conform to the requirements of the zoning
district in which it is located by reasons of such adoption or amendment.
A.
Held in single and separate ownership. A building
may be erected or altered on any lot held at the effective date of
this chapter in single and separate ownership which is not of the
required minimum area or width or is of such unusual dimensions that
the owner would have difficulty in providing the required vegetative
coverage and yard requirements for the district in which such lot
is situated, provided that plans for the proposed work shall be approved
by the Zoning Hearing Board, after review of such plans to assure
reasonable compliance with the spirit of the zoning regulations for
the district.
B.
Included in recorded plan. Buildings may be erected
on lots which are not held in single and separate ownership at the
effective date of the enactment of this chapter and which are not
of the required area or width, if such lots are included in a land
subdivision and development plan which has been approved by Borough
Council, and must be recorded in the courthouse subsequent to the
effective date of the enactment of this chapter.
No lot area shall be so reduced that the area
of the lot or the dimension of the open spaces shall be smaller than
herein prescribed.
The Shippensburg Borough Council may authorize,
as a conditional use in any district other than M-1, M-2, R-1 and
R-2 Districts, the conversion of any dwelling existing at the effective
date of this chapter into a dwelling for not more than four families,
subject to the following requirements:
A.
The lot area and yard setbacks shall not be reduced
to less than the requirements of the district in which the lot is
located.
B.
No structural alteration of the building exterior
shall be made except as may be necessary for purposes of sanitation
or safety.
C.
The Borough Council may prescribe such building conditions, with respect to the conversion and use of such building, as it decides appropriate, in accordance with § 150-88.
E.
Labor and industry approval of plans.
The Shippensburg Borough Council may authorize,
as a conditional use in any district where the proposed use is allowed,
the conversion of any dwelling existing at the effective date of this
chapter into a commercial or business use, subject to the following
requirements:
A.
The lot area, lot coverage, lot width and yard setbacks
shall not be reduced to less than the requirements of the district
in which the lot is located.
B.
No structural alteration of the building exterior
shall be made except as may be necessary for purposes of sanitation
or safety.
C.
The Borough Council may prescribe such building conditions, with respect to the conversion and use of such building, as it decides appropriate, in accordance with § 150-88.
E.
Labor and industry approval of plans.
[Added 9-15-2020 by Ord.
No. 948, approved 9-15-2020]
The Shippensburg Borough Council may authorize, as a conditional
use in the M-1 District, the conversion and adaptive reuse of an industrial
building, existing at the effective date of this chapter, into a multiple-family
dwelling, subject to the following requirements:
A.
A building proposed for conversion to multiple-family residential
use must have been constructed in or before 1936. Additions made to
the building after 1936 shall be eligible for conversion.
B.
Density and dimensional standards. The following density and dimensional
standards shall apply:
(1)
The dimensional regulations stated in § 150-23B(1) through (3) shall only apply to newly constructed buildings and not the building being converted. Any new construction shall comply with these sections.
(2)
The minimum building size for conversion shall be 60,000 square
feet.
(3)
The maximum number of dwelling units within the building shall
be the lot area divided by 4,500 square feet.
[Amended 5-19-2022 by Ord. No. 960, approved 5-19-2022]
(4)
Principal and accessory buildings shall not occupy more than
50% of the total lot area of the tract.
C.
Design standards.
(1)
No structural alteration of the building exterior shall be made
except as may be necessary for purposes of historic preservation,
sanitation or safety. Exterior building materials shall be maintained
or replaced with like materials in order to retain or preserve the
historic visual character of the building.
(2)
All building additions shall be compatible with the existing
building in appearance, size, scale, and materials.
(3)
The storage of refuse shall be provided inside the building
or within an outdoor area enclosed by either walls or an opaque fence
that is architecturally compatible with the primary building in terms
of scale and building materials.
D.
General development regulations. The proposed development shall be
constructed in accordance with an overall site plan and shall be designed
with appropriate landscaping, common open space, lighting, pedestrian
circulation, and parking areas.
E.
The Borough Council may prescribe such building conditions, with respect to the conversion and use of such building, as it decides appropriate, in accordance with § 150-88 of this chapter.
F.
Labor and Industry approval of plans.
This chapter shall not apply to any existing
or approved building or extension thereof used or to be used by a
public utility corporation if, upon petition of such corporation,
the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
A.
Attached structures. An accessory structure, attached
to the principal structure, is considered a part of the principal
structure for all regulatory purposes.
B.
Nonattached structures. An accessory structure, standing
apart from the principal structure, is permitted only in a rear yard,
provided that it is at least five feet from any side lot line and
10 feet from any rear lot line and not located within any required
front setback area. The following provisions, however, set forth modifications
to this regulation, as well as additional regulations governing nonattached
structures.
(1)
In cases where the rear or side of a lot abuts a public alley, the accessory building shall be set back a distance of 10 feet between the building line and the alley line. Where such lot is located at an alley intersection, the setback distance shall be 10 feet from both alley lines (see § 150-55).
On any corner lot, or at any accessway, no wall,
fence or other structure shall be erected or altered and no hedge,
tree, shrub or other vegetation shall be maintained which may cause
danger or create a safety hazard to traffic on a street by obscuring
the view.
A.
No use or activity shall be permitted that will create
any dangerous, injurious, noxious, or otherwise objectionable situation
or effect or which by reason of noise, dust, odor, appearance, smoke
or other objectionable factor creates a nuisance, hazard or other
adverse effect upon the value or reasonable enjoyment of the surrounding
properties. More specifically, a use or activity shall not:
(1)
Constitute a nuisance or danger to human health and
safety, livestock or plants, or any other property as a result of
the emission or dissemination of any fumes, smoke, odor or dust beyond
the property lot of the premises upon which such use or activity is
located.
(2)
Create any noise or vibration exceeding the average
intensity or noise or vibration occurring from other sources at the
property line.
(3)
Endanger any surrounding area by reason of fire or
explosion.
(4)
Create any electrical disturbances or adversely affect
the operation of equipment located off the premises.
(5)
Discharge any dangerous or untreated effluent into
any stream or other body of water, or otherwise contribute to the
pollution of surface or underground water as described in the Clean
Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1,
as amended.
(6)
Create an undesirable or dangerous traffic condition
on the street or in a nearby area, or generate a nuisance to any nearby
property because of increased traffic.
(7)
Create any other objectionable condition that will
endanger public health and safety or be detrimental to the proper
use of the surrounding area.
B.
Attached or row buildings used exclusively as dwellings
shall not be permitted in any district except R-2, R-3 and R-4.
C.
Light, glare and heat shall be regulated by the following:
[Amended 2-4-2020 by Ord. No. 944, approved 2-4-2020; 5-5-2020 by Ord. No. 945, approved 5-5-2020; 11-4-2021 by Ord. No. 954, approved 11-4-2021]
(1)
Streetlighting
exempted. This section shall not apply to streetlighting or lighting
of municipal or school district recreational facilities that are owned
or maintained by the Borough, state or Shippensburg Area School District.
(2)
No
uses shall generate glare in such a way that lights shine into the
eyes of motorists and create a safety hazard or that is seriously
offensive to persons of ordinary sensibilities within a dwelling.
(3)
Outdoor
light fixtures installed and maintained upon private property within
the Borough of Shippensburg shall comply with the following:
[Amended 7-6-2023 by Ord. No. 963, approved 7-6-2023]
(a)
Outdoor light fixtures shall be shielded such that the light
rays emitted by the fixture comply with the provisions of this section.
(b)
Where used for on- or off-premises signs or for decorative effects
or recreational facilities such as for building, landscape or ball
field illumination, the outdoor light fixtures shall be equipped with
automatic timing devices (motion detectors or dusk/dawn), be shielded
or comply with the provisions of this section.
(c)
Outdoor fixtures shall be required to have all light focused
downward (see Figure 2).[1]
[1]
Editor's Note: Figure 2 is included as an attachment to this chapter.
(d)
Outdoor light fixtures shall be restricted to 20 feet in height
in the following zones: R-1, R-2, R-3, R-4, I-1, O-S, N-C, and Historic
Overlay (see Figure 3).[2]
[2]
Editor's Note: Figure 3 is included as an attachment to this chapter.
(e)
Outdoor light fixtures shall be restricted to 60 feet in height
in the zones not listed immediately above.
[1]
This shall not limit lights needed for air travel safety or
lights aimed directly towards a tower or steeple.
(f)
Rotating, flashing, moving, flickering or stationary beacons
of light or strobe lighting are prohibited.
(g)
No more than 0.3 footcandle of light shall be detectable at
any property line within 100 feet of the interior of the Historic
Overlay District.
(h)
Unless otherwise specified herein, no more than one footcandle
of light shall be detectable at any property line.
(i)
All outdoor light fixtures installed and maintained upon private
property shall be turned off between 11:00 p.m. and sunrise, except
when used for:
(j)
All illuminated on-premises signs for advertising purposes shall
be turned off between 11:00 p.m. and sunrise, except that on-premises
signs may be illuminated while the business facility on the premises
is open to the public.
(k)
All outdoor light fixtures shall be installed in conformity
with all other applicable provisions of this chapter.
In all districts, off-street parking space shall
be provided as follows:
A.
No less than two off-street parking spaces, with proper
access from a street or alley, shall be provided for each proposed
dwelling unit.
B.
Nothing in this section shall be construed to prevent
the establishment of joint parking facilities for two or more uses.
C.
Off-street parking space, with proper access from
a street or alley, shall be provided in the amounts indicated below
on or near any lot on which the following types of uses are hereafter
established:
(1)
Hotel, motel, group housing or similar establishment:
one space for each rental room or suite plus two spaces for any owner/occupant
plus one per each full-time employee of such facility.
(2)
Theater, auditorium, church or other place of public
assemblage: one space for every five seats.
(3)
Commercial/retail: one per 250 square feet up to 5,000
square feet, then one per 400 square feet.
(4)
Industrial establishment: one space for each one employee
on the shift with the most employees.
(5)
Existing and future commercial or business uses locating
within the Neighborhood Commercial (N-C) District are exempt from
off-street parking requirements in this section.
(6)
Office (nondental and nonmedical): one per 300 square
feet.
(7)
Dental and medical office: one per full-time employee
plus one per examining/treatment room.
(8)
Restaurant: one per two seats plus two for each three
employees on the largest shift.
(9)
Churches: one per five seats plus one per full-time
employee, except in the Historic Overlay District.
(10)
Manufacturing, warehousing and truck terminals:
two per three employees on the largest shift plus four for visitors.
D.
Each off-street parking space shall comply with the requirements of the Borough of Shippensburg Subdivision and Land Development Chapter, Ordinance No. 93-626, § 137-27A.
E.
Parking areas shall be graded to provide convenient
vehicular access and proper drainage and shall be paved with a hard
or semi-hard material, excluding shale, or otherwise treated to prevent
dust or other loose cover from becoming a nuisance or a hazard. All
parking access or other vehicular service areas shall be adequately
illuminated during night hours of use. Such lighting shall be arranged
so as to protect the highway and any adjoining property from direct
glare or hazardous interference of any kind.
F.
Off-street parking facilities existing at the effective
date of this chapter shall not subsequently be reduced to an amount
less than that required under this chapter for a similar new building
or new use. Off-street parking facilities provided to comply with
the provisions of this chapter shall not subsequently be reduced below
the requirements of this chapter.
Off-street loading and unloading space, with
proper access from a street or alley, shall be provided on any lot
on which a building for trade or business is hereafter erected or
substantially altered. In areas of controlled parking, loading and
unloading space must be ordained by the Borough Council.
A temporary permit may be authorized by the
Zoning Hearing Board for a nonconforming structure or use which it
deems necessary to the public health or general welfare or which it
deems necessary to promote the proper development of the community,
provided that such nonconforming structure or use shall be completely
removed upon expiration of the permit without cost to the Borough.
Such a permit shall be issued for a specific period of time not exceeding
one year and may be renewed annually for an aggregate period of not
more than three years, including the original authorization.
A.
The front yard of a proposed building must be decreased
in depth to the average alignment of existing buildings within 110
feet on each side of the proposed building, and within the same block,
if such alignment of existing buildings is less than the front yard
requirement for the district.
A corner lot or multiple-frontage lot as defined in § 150-134 shall, for the purposes of this chapter, provide two front and two side yards. Each front yard should abut a street.
A group of unrelated persons, excluding domestic
workers, living together as a single housekeeping unit in a dwelling
unit shall not include more than three unrelated persons.
[Added 2-4-2020 by Ord. No. 944, approved 2-4-2020; amended 5-5-2020 by Ord. No. 94520-945, approved 5-5-2020]
Day-care center. In the N-C, I-1
and T-C zones, and subject to the requirements of those zones, except
as herein modified and provided:
A.
All day-care centers shall be registered
with the Pennsylvania Department of Public Welfare.
B.
Outdoor play areas for children shall be
sufficiently enclosed to provide for the health and safety of the
children as determined by the Borough Council or Borough Engineer.
C.
In addition to the required parking for
the dwelling unit, at least two spaces must be provided for the day-care
center.
[Added 2-4-2020 by Ord. No. 944, approved 2-4-2020; amended 5-5-2020 by Ord. No. 945, approved
5-5-2020]
Fitness and health center. In the
N-C, C-1, M-1 and T-C zones, and subject to the requirements of those
zones, except as herein modified and provided:
A.
Off-street parking shall be provided as
required by the combination of elements comprising the health club,
including accessory uses.
B.
All outdoor recreation facilities shall
be set back at least 50 feet from the street right-of-way line, and
25 feet from all other lot lines, and 100 feet from any residentially
zoned and/or used property.
C.
Any accessory eating or retail use shall
not be directly accessible without passing through the main entrance.
D.
All lighting of outdoor recreation areas
has been arranged to prevent glare on adjoining properties and streets.
[Added 2-4-2020 by Ord. No. 944, approved 2-4-2020; amended 5-5-2020 by Ord. No. 945, approved
5-5-2020]
Emergency services station. In the
N-C and T-C zones, and subject to the requirements of those zones,
except as herein modified and provided:
A.
All buildings and facilities shall be set
back at least 15 feet from any property line and 35 feet from a street
right-of-way line.
B.
All off-street parking shall be at least
10 feet from adjoining property lines.
C.
Outdoor storage of vehicles and related
equipment shall be prohibited.
D.
Access shall be via an arterial or collector
street as designated in the Borough's Comprehensive Plan.
[Added 2-4-2020 by Ord. No. 944, approved 2-4-2020; amended 5-5-2020 by Ord. No. 945, approved
5-5-2020]
Massage therapist business.In the
N-C, C-1 and T-C zones, and subject to the requirements of those zones,
except as herein modified and provided:
A.
A massage therapist business shall not
operate between the hours of 10:00 p.m. and 6:00 a.m.
B.
A massage therapist business must at all
times display a valid certification from the National Certification
Board of Therapeutic Massage and Bodywork (NCBTMB).
C.
Massages shall be administered in an area of the building
which is not visible to the general public from the public right-of-way.
