In addition to the general standards for all conditional uses as contained in Articles
III through
VIII, the specific standards for the particular uses allowed by conditional use are set forth in this article. These standards must be met prior to the granting by the Borough Council of a conditional use.
Where the Council of the Borough of Shippensburg
in the Zoning Chapter has established a use as a conditional use in
a zoning district, such use shall be permitted after a public hearing
before the Borough Council. In approving a request for a conditional
use, the Borough Council shall attach such reasonable conditions and
safeguards, in addition to those expressed in the chapter, as it shall
deem necessary to implement the purpose of the Pennsylvania Municipalities
Planning Code, the Subdivision and Land Development Chapter of the
Borough of Shippensburg and the Zoning Chapter. Requests for conditional
use approvals shall be reviewed by the Borough Planning Commission
prior to public hearing by the Borough Council.
For any use permitted by conditional use, a
conditional use must be obtained from the Borough Council. In addition
to the information required on the zoning permit application, the
conditional use application shall include:
A. Ground floor plans and elevations for proposed structures;
B. Names and addresses of adjoining property owners,
including properties directly across a public right-of-way;
C. A scaled drawing (site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter; and
D. A written description of the proposed use in sufficient
detail to demonstrate compliance with all applicable provisions of
this chapter.
Each applicant shall demonstrate compliance
with the following:
A. The proposed use shall be consistent with the purpose
and intent of the Zoning Ordinance;
B. The proposed use shall not detract from the use and
enjoyment of adjoining or nearby properties;
C. The proposed use will not effect a change in the character
of the subject property's neighborhood;
D. Adequate public facilities are available to serve
the proposed use (e.g., schools, fire, police and ambulance protection,
sewer, water, and other utilities, vehicular access, etc.);
E. For development within the floodplain zone, that the application complies with those requirements listed in Article
IX of this chapter;
F. The proposed use shall comply with those criteria specifically listed in Article
XV of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter; and
G. The proposed use will not substantially impair the
integrity of the Borough's Comprehensive Plan.
The Borough Council, in approving conditional
use applications, may attach conditions considered necessary to protect
the public health, safety, and welfare and the purposes listed above,
including conditions which may be more restrictive than those established
for other uses in the same zone. These conditions shall be enforceable
by the Zoning Officer. Failure to comply with such conditions shall
constitute a violation of this chapter, and the violator shall be
subject to the penalties described in this article.
Any site plan presented in support of the conditional use pursuant to §
150-130 shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
A. Before taking action upon a conditional use application,
the Borough Council shall hold a public hearing thereon, pursuant
to public notice. The public hearing may be held as part of a regularly
scheduled or special meeting of the Borough where other Council business
may be conducted. However, in such event, the public hearing shall
be advertised separately, shall be placed as a separate agenda item
at such meeting, and shall commence at the time advertised for such
hearing to take place. The Borough Council shall submit each such
application to the Borough Planning Commission at least 30 days prior
to the hearing on such application to provide the Borough Planning
Commission an opportunity to submit recommendations. If, after any
public hearing held upon an application, the proposed application
is revised, the Borough Council shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the application.
B. Public notice, as defined herein, and written notice
shall be given to the applicant, the Zoning Officer, such other persons
as the Borough Council shall designate by ordinance, and to any person
who has made timely request for the same. Written notices shall be
given at such time and in such manner as shall be prescribed by ordinance
or, in the absence of ordinance provision, at the discretion of the
Borough Council. In addition to the written notice provided herein,
written notice of said hearing and shall be conspicuously posted on
the affected tract of land at least one week prior to the hearing
and shall be posted at a conspicuous place at the Borough office.
C. The Borough Council may prescribe, by resolution which
may be amended as determined necessary from time to time, reasonable
fees with respect to hearings (application fee). The application fee
shall be paid at the time of filing of the application. The application
fee with respect to said hearings may include compensation for the
secretary, notice and advertising costs, and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses, expenses for engineering, architectural, or
other technical consultants, or expert witness costs.
D. The parties to the hearing shall be the Borough, the
applicant, and any person affected by the application who has made
timely appearance of record before the Borough Council, and any other
person, including civic or community organizations permitted to appear
by the Borough Council. The Borough Council shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Borough Council for that purpose
prior to the hearing.
E. The President or Acting President of the Borough Council
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents requested by the parties.
F. The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
G. Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
H. The Borough Council may keep a stenographic record
of the proceedings. The appearance fee for a stenographer shall be
shared equally by the applicant and the Borough Council. The cost
of the original transcript shall be paid by the Borough Council, if
the transcript is ordered by the Borough Council, or shall be paid
by the person appealing the decision of the Borough Council if such
appeal is made, and, in either event, the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the
cost thereof.
I. The Borough Council shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate; shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from its
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed; and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
A. If a conditional use is granted, the necessary permit
shall be secured and the authorized action begun within two years
after the date when the conditional use is finally granted, and the
building or alteration, as the case may be, shall be completed within
three years of said date. For good cause, the Borough Council may
at any time, upon application in writing, extend either of these deadlines.
B. Should the appellant or applicant fail to obtain the
necessary permits within said two-year period, or having obtained
the permit should he fail to commence work thereunder within such
two-year period, it shall be conclusively presumed that the appellant
or applicant has waived, withdrawn or abandoned his application, and
all approvals and permits granted to him shall be deemed automatically
rescinded by the Borough Council.
C. Should the appellant commence construction or alteration
within said two-year period, but should he fail to complete such construction
or alteration within said three-year period, the Borough Council may,
upon 10 days' notice in writing, rescind or revoke the granted conditional
use, if the Borough Council finds that no good cause appears for the
failure to complete within such three-year period, and if Borough
Council further finds that conditions have altered or changed in the
interval since the granting of the conditional use that revocation
or rescission of the action is justified.
A conditional use granted by the Borough Council
shall expire if the proposed use or structure contemplated by said
conditional use has not been completed within 3 years following the
date of approval.
Any person or persons aggrieved by any decision
of Borough Council or any taxpayer or any officer of the Borough may,
within 30 days after such decision of the Council, appeal to the Court
of Common Pleas of the county by petition, duly verified, setting
forth that such decision is arbitrary, capricious and an abuse of
discretion or otherwise not in accordance with law and specifying
the grounds upon which he or she relies.
In the M-2 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. No more than 5% of the lot may be covered by buildings
or accessory uses.
B. A buffer strip shall be provided which shall be not
less than 100 feet in width encompassing the entire perimeter of the
lot, which buffer strip shall be planted with evergreen, shrubs or
other screening vegetation, provided that, on the side of such lot
fronting on the street, the buffer strip shall be not closer than
50 feet to the street.
C. A single, unlighted sign, not more than 20 square
feet in size, shall be provided and shall face the street, set back
not less than 50 feet from the right-of-way line of the street. The
sign message shall be limited to verbal descriptions of material and
services available on the premises and sign messages shall not include
any graphic or pictorial description of material or services available
on the premises.
D. Parking shall be provided for not less than one motor
vehicle per 200 square feet of building area.
E. Notwithstanding anything to the contrary herein, none
of the foregoing businesses shall be permitted:
(1) Within 500 feet of any residentially zoned district.
(2) Within 1,000 feet of any of the following uses:
(a)
Churches, monasteries, chapels, synagogues,
convents, rectories and religious article or religious apparel stores.
(b)
Schools, public or private, and the adjacent
play areas or related spaces.
(c)
Public playgrounds, swimming pools, picnic areas,
parks, libraries and conservation or natural areas.
(3) For the purposes of this section, spacing distances shall be measured from the outward boundary line of all residential zoning districts or from all property lines of any use in Subsection
E(2), above.
F. No building shall be erected which shall be higher
than 20 feet when measured from the ground level at the lowest point
to the highest point on said building.
In the O-S Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. All agricultural operations shall provide a setback
of at least 150 feet that encompasses the entire perimeter of the
lot.
B. A buffer strip shall be planted with evergreen, shrubs or other screening vegetation measuring 30 feet in width and designed in accordance with the Shippensburg Borough Subdivision and Land Development Ordinance §
137-32. This buffer strip must be set back at least 25 feet from any roadway.
C. Prior to approval, a hydrologic study shall be completed
which must show that the proposed use will not have an adverse impact
to the region's water supply.
D. Groundwater monitoring wells, manure lagoon covers
and operating plans, including a closure plan, a mortality disposal
plan, a dust control plan, and a contingency plan to provide a preplanned
response for potential breaches of the manure lagoons or leakage from
the manure lagoons, are required to insure the proposed land development
will cause minimal pollution of the air, water, or environs. The developer
must provide alternative manure lagoon covers and remedies for odor
control for consideration by the Borough.
E. All manure lagoons shall be constructed with an impermeable
liner and fenced around the perimeter with at least a six-foot-high
substantial fence and gates. All lagoon construction plans will be
approved by the Borough Engineer.
In the R-4, M-1 and M-2 Zones, and subject to
the requirements of those zones, except as herein modified and provided:
A. All burial plots or facilities shall be located at
least 100 feet from all property or street lines.
B. Assurances must be provided that water supplies of
surrounding properties will not be contaminated by burial activity
within the proposed cemetery.
C. No burial plots or facilities are permitted in flood
hazard areas.
D. Buffers and screens shall be provided as necessary
to adequately protect neighboring properties. This includes but is
not limited to fences, walls, plantings and open spaces.
E. Pet cemeteries must meet all of the above applicable
requirements.
In the M-1 and M-2 Zones, and subject to the
requirements of those zones, except as herein modified and provided:
A. The applicant must show that every effort was taken
to locate on an existing structure or site.
B. The applicant must present information about why the
tower must be the proposed height.
C. The applicant must demonstrate that the proposed antenna
and tower are safe and that the surrounding area will not be affected
by antenna or tower failure or falling ice.
D. All towers must be fitted with an anti-climbing device.
E. A fence of no less than six feet in height shall be
required around the tower and guy wire anchors (if applicable).
F. Landscaping shall screen all fences.
G. Off-street parking is not required unless on-site
personnel are required to operate or maintain the site.
H. Access shall be provided to the communications tower
and communications equipment building by means of a public street
or easement to a public street. The easement shall be a minimum of
20 feet in width and shall be improved to a width of at least 10 feet
with a dust-free, all-weather surface for its entire length.
I. In order to reduce the number of communications towers
in the community, a proposed communications tower shall be required
to be constructed in a manner sufficient to accommodate at least three
users in addition to the applicant, including other personal wireless
service companies and local police, fire and ambulance companies.
J. The height of the tower will be determined by allowing
a height of 10 feet for each available collocation space offered for
the same or other personal wireless service companies, up to a maximum
height of 100 feet.
K. The owner of the land and tower operator will not
prohibit collocation by other personal wireless service companies.
L. Towers will not be considered as a separate principal
use for purposes of the dimensional requirements of the Zoning Ordinance.
However, the minimum distance between the base of the tower and any
adjoining property line shall be the height of the tower plus 15 feet.
M. No advertising or attached signs shall be permitted.
N. Applicants must use camouflaging techniques to the
maximum extent feasible.
O. A written agreement must be provided which specifies
that the tower or antenna will be removed within 90 days after cessation
of use.
P. No lights are permitted unless required by the FAA
(Federal Aviation Administration).
In the R-4 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. Front yard must be 35 feet in depth.
B. For every building of a condominium development, two
side yards of not less than 35 feet shall be provided.
C. One rear yard not less than 50 feet shall be provided.
D. No building shall exceed a height of more than 35
feet.
E. Two parking spaces per condominium unit shall be provided.
F. Screening shall be in accordance with the Subdivision
and Land Development Ordinance.
In the C-1 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. Buildings must be set back at least 40 feet from the
street right-of-way line.
B. Gasoline and/or kerosene pumps must be set back at
least 15 feet from the street right-of-way line.
C. Access drives must be located as follows:
(1) Minimum offset from intersection of street right-of-way
lines is 40 feet.
(2) Side lot line offset is 10 feet.
(3) Minimum width is 12 feet.
(4) Maximum width is 35 feet.
(5) Minimum separation of drives on same lot is 25 feet.
D. Except along access drives, a concrete curb eight
inches in height must be placed along all street right-of-way lines.
E. All lights must be diverted toward the service station
or downward on the lot.
F. At least 10% of the lot on which the facility is situated
must be devoted to natural landscaping.
In the R-2, R-3, R-4, C-1, N-C, M-1 and M-2
Zones, and subject to the requirements of those zones, except as herein
modified and provided:
A. The shop shall be located at the rear side of a lot
with frontage onto a public alley, if such alley exists (e.g., Apple
Avenue), with distances to the main buildings on the lot and to the
adjoining property lines and setback distance from the alley conforming
with the provisions of the R-4 Zone.
B. Employment in such shop shall not exceed two persons:
the owner and one additional person.
C. Equipment, supplies and machinery shall not be stored
outdoors on the lot or on any ordained street in connection with the
activities in such shops.
D. The equipment setup in such shops shall comply with
the NBFU Safety Standards as applied in fire insurance and state fire
inspections.
[Amended 2-4-2020 by Ord. No. 944, approved 2-4-2020]
In the R-2, R-3, R-4, C-1, M-1, and M-2 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.
In the O-S Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. The reasonable expansion of existing businesses in the adjacent Light Manufacturing (M-1) District shall be permitted as a conditional use in the Open Space District in order to provide flexibility in encouraging present existing businesses to expand their facilities. Such expansion shall be required to meet all the applicable provisions of this chapter, including the special design criteria set forth in §
150-23 relating to light manufacturing and the applicable requirements as set forth in §
150-131.
B. Expansions of existing businesses in the adjacent Light Manufacturing (M-1) District into the adjacent Open Space District shall not cause an adverse effect on the health, safety, or welfare as well as the surrounding environment, including but not limited to adverse impacts on the quality of water from Dykeman Spring (a past and potential future potable water source for the Borough of Shippensburg and surrounding communities). The applicant shall adequately demonstrate to the satisfaction of Borough Council at the time of the application of conditional use that such proposed use and/or expansion shall not cause the adverse effects and/or impacts as set forth in Article
XV.
[Amended 2-4-2020 by Ord. No. 944, approved 2-4-2020]
In the R-2, R-3, R-4, C-1, M-1, and M-2 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. The applicant shall furnish expert evidence that all
lighting of outdoor recreation areas has been arranged to prevent
glare on adjoining properties and streets.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010; amended 2-4-2020 by Ord. No. 944, approved 2-4-2020]
In the C Zone, and subject to the requirements of that zone
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.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
In the C-1 Zone, and subject to the requirements of those zones
except as herein modified and provided:
A. The
room in which tattooing is done shall have an area of not less than
100 square feet. The walls and floors shall have an impervious, smooth,
washable surface and shall be painted or finished in a light color.
Carpeting is prohibited in tattooing area(s) and toilet room(s).
B. A toilet
shall be located in the establishment and shall be accessible at all
times the tattooing establishment is open for business. The lavatories
shall be supplied with hot and cold running water, soap and single-use
towels provided in approved dispensers, and shall be located in all
toilet rooms and in each room where tattooing is performed.
C. All
tables and other equipment shall be constructed of easily cleanable
material, shall be painted or finished in a color which is generally
available from tattoo equipment manufacturers, with a smooth, washable
finish and shall be separated from waiting customers or the general
public by a panel at least four feet high.
D. The
entire premises and equipment shall be maintained in a clean sanitary
condition and in good repair.
In the R-3 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. The house may contain no more than 10 residents per
2,500 square feet.
B. No group housing shall be constructed without adequate
infrastructure and utilities. The Borough Engineer shall make this
determination.
In the R-2, R-3, R-4, M-1 and M-2 Zones, and
subject to the requirements of those zones except as herein modified
and provided:
A. The use shall be clearly incidental to the primary
use of the premises as a dwelling for living purposes.
B. No more than two persons, at least one of whom shall
be a resident of the dwelling, may be engaged in the home occupation
use.
C. No more than one home occupation may be located in
any dwelling unit.
D. The home occupation shall not alter the appearance
of the building as a dwelling unit.
E. No mechanical equipment shall be employed in a home
occupation, other than that customarily used for hobby or domestic
purposes.
F. No sales of any goods or merchandise shall occur on
the premises, other than those goods or merchandise that are produced
on the premises.
G. No manufacturing shall occur on the premises other
than the products of customary hobbies and fabrication of garments
by a seamstress.
H. No goods shall be displayed so as to be visible from
the exterior of the premises.
I. Home occupations shall be limited to not more than
25% of the floor area of the dwelling unit.
J. No accessory building or structure shall be used as
a home occupation.
K. In addition to the required parking spaces for the
dwelling unit, one parking space per nonresident employee, plus one
parking space per potential patron on site at one time, shall be provided.
L. Only one sign advertising a home occupation shall
be permitted. Such sign shall not be illuminated and shall be limited
to two square feet in display area, including all sides of the sign.
In the R-2, R-3, R-4, C-1, N-C, M-1 and M-2
Zones, and subject to the requirements of those zones except as herein
modified and provided:
A. Minimum lot area is five acres.
B. Public sewer and public water utilities shall be used.
C. The subject property shall have frontage along an
arterial or collector street.
D. Maximum permitted height: 75 feet, provided that each
building and/or structure shall be set back a horizontal distance
from each property line at least equal to its height. For buildings
exceeding 35 feet, the applicant shall be required to submit expert
evidence that sufficient safeguards regarding fire protection and
rescue area are in place.
E. Emergency entrances shall be located on a building
wall facing away from adjoining residentially zoned and/or used properties.
F. The applicant shall demonstrate proof of an approved
means of disposal of all solid, medical and hazardous wastes.
In the C-1 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. Access shall be via an arterial or collector street
as designated in the Borough's Comprehensive Plan.
B. All structures shall be set back at least 20 feet
from side property lines.
C. Where the use abuts a residential use or zone, buffers and screens shall be provided in accordance with the Shippensburg Borough Subdivision and Land Development Ordinance §
137-32.
In the R-2, R-3, R-4, C-1, N-C, M-1, M-2 and
I-1 Zones, and subject to the requirements of those zones except as
herein modified and provided, motor vehicle parking lots in conjunction
with a business, industry or other public function, including churches,
must comply with the following special requirements in addition to
those set forth for the zone in which the parking lot is proposed:
A. No portions of such lot shall be located more than
300 feet from a commercial or manufacturing district boundary or other
public function that it serves.
B. A planting strip not less than five feet in width
shall be provided between the parking area and the pedestrian sidewalk
adjacent to any public or private street.
C. Exit and entrance points shall be approved in advance
by the Borough Engineer to ensure adequate traffic safety.
D. No such parking lot shall be used for the storage
of inoperable vehicles or for vehicles used for human or other habitation.
[Amended 10-18-2011 by Ord. No. 872, approved 10-18-2011]
E. Lot size.
(1) Parking lots allowed as a conditional use shall be
limited to the following sizes:
(a)
Any residential or institutional zone: 0.33
acre.
(b)
Any commercial or neighborhood commercial zone:
0.5 acre.
(c)
Any manufacturing zone: 2 acres.
(2) The area delineated as a parking lot need not include
areas required for loading and unloading of goods related to the business
seeking the conditional use permit. However, the maximum size limits
do apply to total parking lot area when permission to expand existing
parking lots is requested.
In the C-1 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. Access shall be via an arterial or collector street
as identified in the Borough's Comprehensive Plan.
In the R-3, R-4, C-1 and N-C Zones, and subject
to the requirements of those zones except as herein modified and provided:
A. The total lot shall be not less than one acre and
shall be suitable for the proposed use.
B. The lot area per building shall be not less than 3/4
acre.
C. The lot area per dwelling unit shall be not less than
5,000 square feet.
D. Not more than 50% of the lot area shall be occupied
by structures.
E. No side yard shall be less than 25 feet in width.
F. No front yard shall be less than 35 feet in depth.
In the R-4, C-1, M-1 and M-2 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. If the nature of the public building or facility is
such that it will generate a high volume of vehicular traffic, then
access should be via an arterial or collector street as designated
in the Borough's Comprehensive Plan.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010; amended 2-4-2020 by Ord. No. 944, approved 2-4-2020]
In the C-1, M-1, and M-2 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
should be via an arterial or collector street as designated in the
Borough’s Comprehensive Plan.
In the R-3 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. The use shall provide a minimum of 15% of the site
suitable and developed for passive recreation. This area shall include
outdoor sitting areas and pedestrian or wheelchair pathways.
B. There shall be a minimum of 500 square feet of total
lot area per resident.
C. Principal and accessory uses shall be set back a minimum
of 40 feet from the lot line of an existing dwelling.
In the O-S Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. Offices shall also be permitted as a conditional use in the Open Space District in order to provide flexibility in encouraging the development of offices which are consistent with the established goals of the Open Space District. Such office use shall be required to meet all applicable provisions of this chapter, including the applicable special design criteria set forth in §
150-23 relating to Light Manufacturing (M-1), including the applicable requirements set forth in §
150-131.
B. Offices as a conditional use in the Open Space District
shall not cause an adverse effect on the health, safety, or welfare
as well as the surrounding environment, including but not limited
to adverse impacts on the quality of water from Dykeman Spring (a
past and potential future potable water source for the Borough of
Shippensburg and surrounding communities). The applicant shall adequately
demonstrate to the satisfaction of Borough Council at the time of
the application for conditional use that such proposed use and/or
expansion shall not cause the adverse effects and/or impacts as set
forth above.
In the R-2, R-3, R-4, C-1, M-1 and M-2 Zones,
and subject to the requirements of those zones except as herein modified
and provided:
A. Side setback. Minimum side setbacks of 15 feet on
both sides shall be provided.
B. A buffer strip shall be provided which shall be not
less than 10 feet in width encompassing the entire perimeter of the
lot, which buffer strip shall be planted with evergreen, shrubs or
other screening vegetation, provided that, on the side of such lot
fronting on the street, the buffer strip shall be not closer than
10 feet to the street.
C. Access shall be via a collector or arterial street
as designated by the Borough's Comprehensive Plan.
D. Any associated residential use shall either be located
on a separate lot or be positioned so that the lot on which it and
the place of worship are located could subsequently be subdivided,
separating each use yet meeting all applicable dimensional requirements
of the zone in which located. The residential use shall be subject
to all applicable regulations of this chapter.
E. Any associated educational or day-care uses shall
be accessory and located on the same lot as the place of worship.
In the M-1 and M-2 Zones, and subject to the
requirements of those zones except as herein modified and provided:
A. Two primary access points shall be provided via an
arterial or collector street as identified in the Borough's Comprehensive
Plan.
B. A minimum of 10 acres is required for designation
as a planned mixed use business park.
C. Buffering and screening shall be provided in accordance
with the Shippensburg Borough Subdivision and Land Development Ordinance.
D. Each lot shall have a front yard setback of 50 feet.
In the R-2, R-3, R-4, C-1, M-1 and M-2 Zones,
and subject to the requirements of those zones except as herein modified
and provided:
A. All height, area, setback, and coverage standards
within the underlying zone shall apply.
B. All off-street parking lots shall be set back 25 feet
and screened from adjoining property lines.
C. All buildings shall be set back at least 100 feet
from any adjoining land within a residential zone or use.
D. If education is offered below the college level, an
outdoor play area shall be provided at a rate of 100 square feet per
individual enrolled. [Note: enrollment shall be defined as the largest
number of students on the site at any one time during a seven-day
period.] Off-street parking lots shall not be used as outdoor play
areas. Outdoor play areas shall not be located within the front yard
and must be set back 25 feet from all property lines. Outdoor play
areas shall be completely enclosed by a fence with a minimum height
of six feet, and screened from adjoining residentially zoned or used
properties. Any vegetative materials located within the outdoor play
area shall be of a nonharmful type (poisonous, thorny, allergenic,
etc., prohibited). All outdoor play areas must provide a means of
shade such as shade tree(s) or pavilion(s).
E. Passenger dropoff and pickup areas shall be provided
and arranged so that students do not have to cross traffic lanes on
or adjacent to the site.
In the M-2 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. All rental storage units shall be located at least
50 feet from all property or street lines.
B. A buffer strip shall be provided which shall be not
less than 25 feet in width encompassing the entire perimeter of the
lot, which buffer strip shall be planted with evergreen, shrubs or
other screening vegetation, provided that, on the side of such lot
fronting on the street, the buffer strip shall be not closer than
20 feet to the street.
C. Materials stored shall not include hazardous, odorous
or other harmful materials that may create harmful situations for
other rental units or adjacent properties.
In the R-3 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. The use shall provide a minimum of 15% of the site
suitable and developed for passive recreation. This area shall include
outdoor sitting areas and pedestrian or wheelchair pathways.
B. There shall be a minimum of 500 square feet of total
lot area per resident.
C. Principal and accessory uses shall be set back a minimum
of 40 feet from the lot line of an existing dwelling.
In the M-2 Zone, and subject to the requirements
of that zone except as herein modified and provided:
A. Access shall be via an arterial or collector street
as designated by the Borough's Comprehensive Plan.
B. Setback requirements for a truck terminal shall be
set at the following distances in addition to any buffer zones required
by this chapter:
In the M-1 and M-2 Zones and subject to the
requirements of those zones except as herein modified and provided:
A. The storage of vehicles or equipment used in the maintenance
of a utility shall not be permitted.
B. No equipment causing unreasonable noise, vibration,
smoke, odor or hazardous effect shall be installed.
C. The external design of the building (to the extent
possible) shall be in conformity with the buildings in the surrounding
area.
D. There shall be no specific minimum lot size or lot
width; however, each lot shall provide front, side and rear yard setbacks
in accordance with the zone in which located.