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HomeMy WebLinkAboutZoning Change 1 Jun 07 F"""" _:';"'""""'N. ..}i I Franklin County Planning Commission Administrative Annex 218 North Second Street Chambersburg, PA 17201-1642 Phone: 717-261-3855 Fax: 717-264-8667 TDD: 717-264-8474 E-Mail planning@co.franklin.pa.us June 1,2007 Antrim Township Antrim Township Planning Commission Attn: Angie Garland 10655 Antrim Church Road P.O. Box 130 Greencastle, Pa 17225 Subject: Proposed Zoning Change Dear Ms. Garland; The Franklin County Planning Commission staff has reviewed your proposed zoning change to Chapter 150 of the Code of the Township of Antrim, Pennsylvania. The proposed change is in compliance with the Franklin County Comprehensive Plan. We support the proposed change. If you have any questions please feel free to give me a call. Sincerely, il /#- (D 'e .<<~ Frank' in County Planner ol-/z/ P.O. Box 130 Greencastle, Pennsylvania 17225 Phone: (717) 597-3818 Fax: (717) 597-4257 May 25, 2007 Franklin County Planning Commission 218 North Second Street Chambersburg, PA 17201 RE: Proposed Amendments concerning the Zoning Chapter, Subdivision/Land Development Chapter and the Sewers Chapter of the Code of the Township of Antrim Township Dear Planning Commission: Enclosed with this letter is a copy of an ordinances amending the Antrim Township Zoning Chapter, Subdivision/Land Development Chapter and the Sewers Chapter of the Township Code. The Antrim Township Board of Supervisors shall be conducting a public hearing concerning these amendments during their regular monthly meeting on July 10, 2007 at 8:00 p.m. Immediately after the hearing the Board of Supervisors shall be considering enactnJ.ent of the amendments. Thank you for your time and consideration in this matter. Very truly yours, ~ t1I. (}..LL Angela M. Garland Code Enforcement Officer CC: File TOWNSHIP OF ANTRIM, FRANKLIN COUNTY COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. OF 2007 AN ORDINANCE AMENDING THE ANTRIM TOWNSHIP ZONING CHAPTER SUBDIVISION AND LAND DEVELOPMENT CHAPTER AND THE SEWERS CHAPTER OF THE CODE OF THE TOWNSHIP OF ANTRIM WHEREAS, the Township of Antrim currently has zoning regulations as set forth in Chapter 150 of the Code of the Township of Antrim, Pennsylvania; and WHEREAS, the Antrim Township Board of Supervisors desire to amend said Chapter 150 in order to promote the public health, safety and welfare of the residents of the Township; and WHEREAS, the Antrim Township Board of Supervisors desire to amend said Chapter 150 in order to the needs of our community; and NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Board of Supervisors of the Township of Antrim pursuant to the "Pennsylvania Municipalities Code" (53 P.S. ~ 10101 et seq.) as follows: Section 1 - Article II, Section 150-4 of the Code of the Township of Antrim Pennsylvania entitled "Terminology" "Definitions" shall be amended by adding the following: SAFE RESEARCH - Research that would not violate the intention of this chapter and would not pose a threat to the health, safety or welfare of the Township and its residents, and is not unduly obnoxious by reason of danger of fire or explosion. Safe research shall neither harm nor create a risk of harming either individuals and/or their property in any manner. Safe research shall not cause inhuman treatment to animals. COMMERCIAL RECREA nON - Commercial establishment engaged in providing indoor and/or outdoor amusement. The activities may include, but are not limited to sports clubs, amusement centers, batting cages, miniature golf, go-kart tracks, physical fitness centers, skateboard centers and racquetball facilities. ARCHEOLOGICAL PROPERTY - A property that has any artifacts, remains, objects or any other evidence of historic or anthropological value, located on the property, whether found above or below the surface of the earth. HISTORICAL PROPERTY - A building, structure, object, district, place site or area significant in the history, architecture, maritime heritage or archaeology of the Township of Antrim, the Commonwealth of Pennsylvania or the United States of America. Section 2 - Article II, Section 150-4 of the Code of the Township of Antrim Pennsylvania entitled "Terminology" "Definitions" shall be amended by deleting the definition of Land Development in its entirety and replacing it with the following: LAND DEVELOPMENT - Any ofthe following activities: A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure. (2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. B. A subdivision of land. C. Development in accordance with this chapter and the Pennsylvania Municipalities Planning Code, Act of 1968 and as reenacted and amended. D. Paving for commercial or industrial use. E. Paving of more than 12,000 square feet for residential use. Paving over concrete or bituminous surfaces which are already existing shall be excluded from Subsection C and D above and this Subsection E. F. Any alteration of the existing topography on a single nonresidential lot, tract or parcel of land that alters the drainage characteristics of an adjoining land parcel(s) or publicly held right-of-way by increasing the rate of surface water runoff by more than 10%. G. Any nonresidential development of land. H. Interior changes that create any additional improvements as required by the code, including but not limited to: additional parking, increased sewer/water flows, etc. 1. "Land development" does not include development which involves: (1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium. (2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building. (3) The addition or conversion of buildings or rides within the confines of an enterprise, which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities. Section 3 - Article III, Section 150-5 of the Code of the Township of Antrim Pennsylvania entitled "Establishment of Districts" "Lists of Districts" shall be amended by deleting this section in its entirety and replacing it with the following: ~ 150-5. List of districts. The Township is hereby divided into the classes of districts listed below: (A) (AR) (R-l) (R-2) (P) (CC) (CCII) (HC) (HCII) (HCIII) (Ll) (1) (FH) Agricultural District Agricultural Residential District Low Density Residential District Medium Density Residential District Professional District Community Commercial District Community Commercial II District Highway Commercial District Highway Commercial II District Highway Commercial III District Light Industrial District Industrial Flood Hazard District Section 4 - Article IV thru Article XVI, Sections 150-9 thru and including 150-39 of the Code of the Township of Antrim Pennsylvania shall be amended as follows and the remaining Articles and sections shall be renumbered accordingly: Article IV Agricultural District (A) ~ 150-9 shall be the purpose stated in 150-18 ~ 150-10 shall be the permitted uses as stated in 150-19 ~ 150-11 shall be the conditional uses as stated in 150-20 Article V Agricultural Residential District (AR) ~ 150-12 shall be the permitted uses as stated in 150-21 ~ 150-13 shall be the conditional uses as stated in 150-22 Article VI Low Density Residential District (Rl) S 150-14 shall be the permitted uses as stated in 150-23 ~ 150-15 shall be the conditional uses as stated in 150-24 Article VII Medium Density Residential District (R2) S 150-16 shall be the permitted uses as stated in 150-25 S 150-17 shall be the conditional uses as stated in 150-26 Article VIII Reserved ~ 150-18 shall be reserved ~ 150-19 shall be reserved. Article IX Professional District (P) ~ 150-20 shall be the purpose as stated in 150-9 ~ 150-21 shall be the permitted uses as stated in 150-10 ~ 150-22 shall be the standards as stated in 150-11 Article X Community Commercial District (CC) ~ 150-23 shall be the permitted uses as stated in 150-27 ~ 150-24 shall be the conditional uses as stated in 150-28 ~ 150-25 shall be the use standards as stated in 150-29 Article XI Community Commercial II District (CCII) ~ 150-26 shall be the permitted uses as stated in 150-12 ~ 150-27 shall be the standards as stated in 150-13 Article XII Highway Commercial District (HC) ~ 150-28 shall be the permitted uses as stated in 150-30 S 150-29 shall be the conditional uses as stated in 150-31 S 150-30 shall be the use standards as stated in 150-32 Article XIII Highway Commercial II District (HCII) S 150-31 shall be the permitted uses as stated in 150-14 S 150-32 shall be the standards as stated in 150-15 Article XIV Highway Commercial III District (HCIII) S 150-33. Permitted Uses The following uses shall be permitted in the Highway Commercial III District: A. Professional offices/ Doctor's office B. Hospitals C. Retail Stores (with or without drive up service) D. Business Services (banks) E. Automotive Sales and Service (no semi-truck sales or service) F. Service Stations G. Repair Garage (no semi-truck repair facilities) H. Hotels (no motel) 1. Bed and Breakfast J. Restaurants K. Shopping Centers L. Health Club/Spa M. Commercial Recreation N. Mini-warehouses provided that the following requirements are complied with: 1. Tree screening is required from adjacent properties. If the adjacent property is used for mini-warehousing, then screening shall not be required on the common property line. Screening shall not be required along the road frontage. Screening shall be with trees (not fences or walls) as defined in this chapter. 2. The fayade of the mini-warehouses shall be constructed of a decorative brick or masonry material that is conducive to the adjacent businesses. 3. All drive areas shall be an asphalt material 4. Mini-warehousing shall not be located adjacent to, or within 1,000 feet of the following roadways: Grindstone Hill Road, Interstate 81, Molly Pitcher Highway, Leitersburg Road, and Walter AvenueINova Drive O. Light Manufacturing P. Precision Manufacturing Q. Laboratory or scientific research (Safe research) including but not limited to the activities described in 1 thru 5 below. 1. Mechanical testing of materials that are not volatile or explosive. 2. Electrical testing and assembly of computers, their parts and (computer) processmg. 3. The design, research, assembly and testing of complex components consisting of electrical, mechanical, computer, and transmission pieces as long as limited use of fuels or explosive materials* is used. (*IE: gasoline, diesel, bio-diesel, ethanol, oil, photovoltaic and batteries of all types). 4. The standard testing of home or commercially used products (not industrially used products) as a result of manufacturing, distribution or importing of said products as long as it is not the primary use of the facility. 5. Any type of information research which could include the use of small package assembly, storage and distribution of common items like paper and other household or commercially used items. R. Public utilities (i.e., sewer, water, gas, etc.). S. Federal, state and local government offices and accessory uses, and other municipal essential services (i.e., fire, police, nonprofit recreational facilities, etc.) T. Public Schools and essential uses, provided that all outside, active play areas are screened from adjacent properties. Prohibited Uses: Laboratories and scientific research centers that do bio-tech, materials testing and other types of chemical design and development are prohibited in this district. This shall include, but not be limited to operations that involve the use and/or production of fertilizers and related products, fireworks manufactures, operations that have the potential to spread noxious chemicals and cause biological hazards in the air or water. ~ 150-34. Standards Highway Commercial III and related uses permitted in the Highway Commercial III District shall be subject to the following conditions: D. ~ 150-34.1 A. A. No commercial driveway entrance or exit shall be located within 75 feet of intersecting street rights-of-way. All storage must be located inside or be stored in an approved outside area as shown on a land development plan, which shall be buffered by three times the front yard setback from the front lot line and be fully screened so that the storage product is not visible from the street line. Properties within Highway Commercial III District shall be interconnected with sidewalks throughout the entire development, and constructed to meet the requirements of Chapter 125 of this code. Uses in Highway Commercial III District shall be subject to certain use standards itemized in the Professional District (~150-11). The standards that shall apply are the following: 150-11 B(1-5), C(1-4), D(I-2), and E. B. C. Regulations All uses located in the area outlined on Exhibit "C" and highlighted in orange on Exhibit "D" shall comply with the standards listed in A and B above and the standards itemized in the Professional District (s 150-11) Article XV Light Industrial District (Ll) ~ 150-35 shall be the permitted uses as stated in 150-16 ~ 150-36 shall be the standards as stated in 150-17 Article XVI Industrial District (1) S 150-37 shall be the permitted uses as stated in 150-33 S 150-38 shall be the standards as stated in 150-34 ~ 150-39 shall be the performance standards as stated in 150-35 Section 5 - Article XVI, Section 150-58 of the Code of the Township of Antrim Pennsylvania entitled "Minimum Area Regulations" "Commercial and Industrial Districts" shall be amended by deleting this section in its entirety and replacing it with the following: Minimum Professional Community Community Highway Highway Highway Light Industrial Required Uses Commercial Commercial II Commercial Commercial II Commercial III Industrial Uses Uses Uses Uses Uses Uses Uses Lot Size 10,000 10,000 10,000 20,000 20,000 20,000 80,000 80,000 (sauare feet) Lot Width 75' 75' 75' 100' 100' 100' 200' 200' (feet) Lot Depth 100' 100' 100' 150' 150' 150' 350' 350' (feet) Front Yard 30' 30' 30' 50' 50' 50' 40' 40' (feet) Side Yard 10' 10' 10' 14' ]4' ]4' 40' 40' (feet) Rear Yard 30' 15' ]5' 30' 30' 30' 40' 40' (feet) Height** 40' 40' 40' 50' 50' 50' 50' 50' (feet) Max, Impervious 75% 75% 75% 75% 75% 75% 75% 75% Area (percent) ** In any zone where hotels are permitted such buildings may be erected to a height seventy-five (75) feet, however the minimum front, rear and side yards shall be increased one foot for each foot of height above the limit established for the zone in which the building is erected. Section 6 - Article XVI, Section 150-60 of the Code of the Township of Antrim Pennsylvania entitled "Minimum Area Regulations" "Public Utilities" shall be amended by deleting this section in its entirety and replacing it with the following: ~ 150-60. Exemptions. A. Public utilities are permitted in all zoning districts as a permitted use. Public Utilities shall not be required to comply with the minimum area regulations as set forth in ~150-54 through and including ~l50-59, of Chapter 150, Article XVI, of the Code of the Township of Antrim Pennsylvania. B. Historical and/or archeological properties are permitted in all zoning districts as a permitted use. Historical and/or Archeological properties shall not be required to comply with the minimum area regulations as set forth in ~150-54 through and including ~150-58, however all structures on these properties shall maintain a minimum twenty (20') foot setback from all property lines. Section 7 - Article XVII, Section 150-74 of the Code of the Township of Antrim Pennsylvania entitled "Supplementary Regulations" "Temporary mobile home permit" shall be amended by deleting it in its entirety and replacing it with the following: ~ 150-74. Temporary mobile home permit. A mobile home may be temporarily placed on an approved lot having erected thereon no more than one single-family dwelling where the mobile home is connected to the sewage disposal system of the permanent dwelling and where the temporary mobile home is to be occupied by the following family members: father, mother, father in-law, mother in-law, paternal grandparents, maternal grandparents, foster parents, aunt (mother or father's sister), uncle (mother or father's brother), brother, or sister of the owner and occupant of the permanent residence on the lot, such occupancy of the temporary mobile home to be by special permit only for a period not to exceed one year, renewable at the option of the Township, all such permits to expire and be subject to renewal on July 1 of each year, regardless of the date of issuance. A signed statement will be required from a medical doctor as to the need prior to a land use and/or building permit being issued. Section 8 - Article XIX, Section 150-89 of the Code of the Township of Antrim Pennsylvania entitled "Nonconforming Uses and Buildings" "Expansion and chance of nonconforming uses" shall be amended by deleting it in its entirety and replacing it with the following: ~ 150-89. Expansion and change or nonconforming uses. A. Procedures. Any nonconforming structure (except single family detached and single family semi-detached dwellings) or building, but not including signs, may be expanded one time up to 50% of its size as it existed prior to enactment of this chapter without applying to the Zoning Hearing Board, provided that a building permit has been applied for and issued showing that no new encroachments on the zoning requirements are created by said expansion. Any additional expansions after the first time or any expansion greater than 50% must be approved by the Zoning Hearing Board. B. Single Family detached and Single Family semi-detached dwellings that are either a nonconforming use or structure may be enlarged, extended, reconstructed, substituted or structurally altered, provided that said activity does not extend or expand the degree of nonconformity. This shall not apply to any dwelling that has a use other than residential dwelling purposes only (i.e. in-home occupations.) These uses shall follow the procedures set forth in subsection A or C of this section. Any nonconforming use or structure which is destroyed by fire, casualty or act of God may be repaired, rebuilt and used as before, provided that no increase in the degree of nonconformity is thereby created. All repairs shall be commenced within one year after the damage occurs and shall be completed within two years after such date, or such use shall not be rebuilt except as a conforming use or structure. C. Standards. Each application for an expansion or change of a nonconforming use, building or structure not covered under Subsection A or B shall be subject to the following standards: (1) It shall be the responsibility of the applicant to sufficiently document to the Zoning Hearing Board that the proposed expansion or change will not be contrary to the purposes of this chapter and the public health, safety and welfare of Township residents in general and of the residents of the immediate area, in particular. (2) Such expansion or change shall not extend beyond the lot lines existing on the date of the chapter or its subsequent amendments were adopted. (3) Such expansion or change shall comply with the applicable yard and setback requirements of the district where located. (4) Any person seeking permission to change a nonconforming use to any other nonconforming use shall sufficiently document to the Zoning Hearing Board that such new nonconforming use is more in compliance with the applicable provisions of this chapter than the present nonconforming use. (5) The Zoning Hearing Board may attach additional provisions to the granting of a special exception permit to expand or change a nonconforming use for the purpose of promoting the objectives and intent ofthis chapter. Section 9 - Article IV, Section 110-36 of the Code of the Township of Antrim Pennsylvania entitled "Sewer Rents and Prohibited Discharges" "Sewer rentals or charges" shall be amended by deleting subsection D it in its entirety and replacing it with the following: D. Any residential dwelling unit which has been unoccupied for a period of 180 days or longer, shall be exempt from sewer rent from the one hundred eightieth day until the vacancy ends. This exemption from sewer rent shall not include dwellings that are under construction, have a water supply source connected to the dwelling, vacant as a result of being for sale or in the process of being sold, or a habitable dwelling. Exceptions in extreme cases may be made by the Board of Supervisors. Section 10 - Article II, Section 125-6 of the Code of the Township of Antrim Pennsylvania entitled "Terminology" "Definitions" shall be amended by deleting the definition of Land Development in its entirety and replacing it with the following: LAND DEVELOPMENT - Any of the following activities: A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure. (2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. B. A subdivision ofland. C. Development in accordance with this chapter and the Pennsylvania Municipalities Planning Code, Act of 1968 and as reenacted and amended. D. Paving for commercial or industrial use. E. Paving of more than 12,000 square feet for residential use. Paving over concrete or bituminous surfaces which are already existing shall be excluded from Subsection C and D above and this Subsection E. F. Any alteration of the existing topography on a single nonresidential lot, tract or parcel of land that alters the drainage characteristics of an adjoining land parcel(s) or publicly held right-of-way by increasing the rate of surface water runoff by more than 10%. G. Any nonresidential development of land. H. Interior changes that create any additional improvements as required by the code, including but not limited to: additional parking, increased sewer/water flows, etc. 1. "Land development" does not include development which involves: (1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium. (2) The addition of an accessory building on a lot or lots subordinate to an existing principal building. (3) Agricultural buildings under lO,OOO square feet. (4) The addition or conversion of buildings or rides within the confines of an enterprise, which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities. Section 11 - The Antrim Township Zoning Map referred to in Article III, S150-6 of the Code of the Township of Antrim, Pennsylvania is hereby amended by adding the following district: (HCIII) Highway Commercial III The location of said districts are as set forth on Exhibit "A" and "B" attached hereto and incorporated herein by reference. Section 12 - Effective Date. This Ordinance shall become effective in accordance with the law. Section 13 - Repealer. All other Township ordinances, or parts of other ordinances in conflict herewith, are hereby repealed. Section 14- Severability. If any article, section, or provision of this Ordinance should be decided by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. ENACTED by the Board of Supervisors ofthe Township of Antrim at its regular meeting the 10th day of Julv , 2007 . Attest: SUPERVISORS OF ANTRIM TOWNSHIP Renee G. Perrin, Secretary Dr. Robert C. Whitmore, Chairman Exhibit "A" HIGHWAY COMMERCIAL III DISTRICT The Highway Commercial III District shall be all that tract of real estate in Antrim Township, Franklin County, Pennsylvania, and more particularly described as follows: Being that 132::1: acre tract of land identified as the "Highway Commercial III" tract (highlighted in yellow) on that "Zoning Exhibit for Antrim Township," prepared by CEDG, by drawing labeled Exhibit "B," attached hereto, and incorporated herein by reference. .~: z 0 a ~ ~ '" ~ 'hi' ~~ ~~ ~ ~ )> I\.) I\.) ~ I ~ 0 w ~ -....J ~ ~ " ~ \l \j ~ ~ ~ ~ ~ '" ~ ,Ii ~~ -~ A22-036A ~ ~ " ., i '" ;: '1 ." " " ,tt'U91 S9?!JL z o -i -i o en o )> r m ~ "Ii Ot;\ '" ! i~i! " . ~ ~ I ANTRIM COMMONS ~ 1 ~ ! 0 ~<< BUSINESS PARK 'T1 ANTRIM TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA ~ '" FOR "~,Eli PERINI INDUSTRIAL LAND, lLC 1710 Underpass Way, Suite 200, Hagerstown, Maryland 21740 )> I\.) I\.) I o W en ~ ~ )> I\.) I\.) I o (J1 en ~ ~ ~"nrr..S8N COMMf:RCf AVENUE: T,419 + -l. W I\.) + --- I )> C1 ..., (1) en D[Ll Exhibit "8" gB!\ Exhibit "C" CONNECTOR ROAD PHASE "1" AREA The Connector Road Phase 1 area shall be all that tract of real estate in Antrim Township, Franklin County, Pennsylvania, and more particularly described as follows: Being that tract of land identified as the "Connector Road Phase 1" tract which is all the real estate bound on the north by S.R. 0016, the west by Interstate 0081, the east by Bemisderfer Road and the south by Leitersburg Road. '1 -, '0- ::J ^ l) -. -, ::J )> 0 ::3""0 o r+ 0 o -, (I) t: ~'CD ::J30.. r+ ':> -i N o 0 l):E::J CD ::J ::J . ::JcnlQ ::J:J (I) -6" ~ '< 0 d ""0 ::J o Z -i (j) .-------- ... ~ ~ CI) ~ ~ c:a ..... ~ ;r ;:{ r ~ \""7""5"1 \ "b' 1 !"-I \;!z/. i% ~~~ ,,':::t ~c ~ -: ~ !i' ~ ..% f" " ~ r,. ~':::t " Exhibit "n" ... ~ if" !~ "