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Home My WebLink AboutHeight Limitation Ordinance FC Franklin Countu PJann1ng Commission Ac'lm1n1stæat1ve Annex 218 Nort:.b. Becond Street Chambersburg, PA 17201-1642 Phone: 717-261-3866 Fax: 717-264-8667 TDD: 717-264-8474 E-Mail p]ann1ng@oo.frankl1n.pa.us P' ·C··: .' ..-' 1 ....,... . ..... April 17, 2006 Greene Township Attn: Welton 1. Fischer 550 Cleveland Ave Chambersburg, Pa 17201 Subject: Height Limitation Ordinance Dær Mr. Fischer: The Franklin County Planning Commission staff has reviewed your proposed change to Greene Township Zoning Ordinance as it relates to Height Limitations and The Measuring of Height. We fee! the ordinance should be amended. The proposal is in accordance with the Pennsylvania Municipal Planning Code. If you have any questions or require further assistance please feel tree to call me. ~~ Daniel Wolfe Franklin County Planner 03-27-2006 11:35 WELTON J FISCHER 7172648Ø25 PAGE: 1 LA" OrrI".S MILTON J. rISCHI. TILIPHONII (717)2'_-8020 rAX, (717)2'..1025 ~Io~ o 550 CLIVELAND AVENUE, SUITE 11 CHAMalRsaURO, P~NNSYLVANIA 17201 TH. INPORNATIOM TRAK.MITTID BY THtS FACSIMILE IS CONSIDERED ATTO.NIY '.IVILlaID AHD CON'IDINTIAL AND II INTaNDED ONLY rOR THE USI OF TXE INDIVIDUAL OR IHTITY HAMID. IF TKB RBADI. 0' TNl. MISSAQI IS NOT THI INTINDID RICIPIINT, OR TKI IN'LOYI. OR AOINT RISPOH9IILI TO DILIV.. IT TO Tal IHTINDID .ICIPIIHT, YOU SHOULD a. ANARI THAT ANY DISSEMINATION, DI'TaIaUTION OR COPYINO OF THIS COMMUNICATION IS STRICTLY 'ROHIaITID. I' YOU NAV. .leIIVID THIS COMMUNICATION IN IRROR, PLIASI INNIDIATILY .OTI'Y us BY TELEPHONE So THAT WI CAH ARRAHO' POR TH. RITURN or TNI ORrCIHAL DOCUNIHT. TO U8 AT NO COST TO TOV AMD WITH RIINauaSINIHT 'OR COST YOU MAY HAVE IHCURREP IN al"ONPIKG TO THIS NOTIrICATION. THANE YOU. FACSIMILE TRANSMISSION COVER SHIIT TO: PHIL TARQUINO, FRANKLIN COUNTY PLANNING DIRECTOR RECEIVING FAX NUMBER: 264-8667 FROM: WELTON J. FISCHER, GREENE TOWNSHIP SOLICITOR SUBJECT: HEIGHT LIMITATION ORDINANCE DATE: MARCH 27, 2006 NUMBER OF· PAGES ( Including this page) : 5 ........"'...,...** 03-27-2006 11:36 WELTON J FISCHER 7172648Ø25 PAGE: 2 ORDINANCE NUMBER 2006- AN ORDINANCE TO AMEND THE CODE OF' THE TOWNSHIP OF GREENE BY REVISING CERTAIN PORTIONS OF THE ZONING CHAPTER AS IT RELATES TO HEIGHT LIMITATIONS AND THE MEASURING OF HEIGHT, TO INDICATE THAT THE HEIGHT LIMITATION APPLIES TO ALL STRUCTURES IN ANY DISTRICT ZONED RESIDENTIAL, COMMUNITY COMMERCIAL, AND HIGHWAY COMMERCIAL RATHER THAN JUST TO BUILDINGS, TO MAKE AN ADMINISTRATIVE CHANGE TO CLARIFY srGN SETBACK REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL DISTRICTS AND TO ELIMINATE THE REFERENCE TO SIDE YARDS IN THE DEFINITION OF TWO-FAMILY DETACHED DWELLINGS. BE IT ORDAINED BY THE TOWNSHIP OF GREENE, and it hereby is ordained by authority of the same, as follows: Section 1. LEGISLATIVE FINDINGS. The Greene Township Board of Supervisors, having determined that certain portions of its zoning ordinance as it relates to the imposition of height limitations in all districts except those districts designated Light Industrial and Heavy Industrial is appropriate ~o be revised from 35 feet to 40 feet and to revise the Code to be certain that the height limitötions applies to all buildings and structures in residential community commercial and highway commercial districts unless otherwise specifically exempted by provisions of the Ordinance. It is intended that the height limitatipn in districts designated Light Industrial and Heavy Industrial shall remain at 45 feet. The Board of Supervisors have also determined that clarification of the application of the commercial sign setback requirements is necessary and to make it clear that the Greene Township Ordinance applies to all two-family detached dwellings whether there are side yards or not. Further, it being the desire of the Township not to change the language of an ordinance while an issue pertaining to the language is in litigation, the language of Chapter 105, ARTICLE IV Sections 105-23 and 105-24 inadvertently revised by Sections 5 and 6 of Ordinance No. 2005-07 adopted December 27, 2005 is revised to its original pre December 27, 2005 language. Section 2. CHAPTER 105, ARTICLE III Section 105-6 B. (7) shall be amended to increase the height limitations for buildings stated in subparagraph (7) (a) from 35 feet to 40 feet. Section 3. CHAPTER 105, ARTICLE III Section 105-7 B. (4) (b) [71 is hereby amended by increasing the maximum height for buildings from 35 feet to 40 feet. 1 03-27-2Ø06 11:36 WELTON J FISCHER 7172648025 PAGE: 3 Section 4. CHAPTER 105, ARTICLE IV Section 105-16 is hereby amended to increase the maximum allowable height from 35 feet to 40 feet and to eliminate any reference to two and one half (2 ~) stories. Section 5. CHAPTER 105, ARTICLE IV Section 105-17 subparagraphs A and B are hereby amended to increase the maximum allowable height from 35 feet to 40 feet. Section 6. CHAPTER 105, ARTICLE IV Section 105-18 subparagraphs A and B are hereby amended to increase the maximum allowable height from 35 feet to 40 feet. Section 7. CHAPTER 105, ARTICLE IV Section 105-19 A, (1) is hereby amended to increase the maximum allowable height from 3S feet to 40 feet. Section e. CHAPTER 105, ARTICLE IV Section 105-20 A. (1) is hereby amended to increase the maximum allowable height from 35 feet to 40 feet and to elimate any reference to two and one half (2~) stories. Section 9. CHAPTER 105, ARTICLE IV Section 105-21 is hereby amended to increase the maximum allowable height from 35 feet to 40 feet and to elimate the reference to Building in establishing the heigþt limitation. Section 10. CHAPTER 105, ARTICLE IV Section 105-22 is hereby amended to increase the height limitation from 35 feet to 40 feet and to remove reference to the word Building in the provision establishing the maximum height limitation. Section 11. CHAPTER lOS, ARTICLE IV Section 105-23 is hereby amended to return the word "building" to the language of the provision establishing the maximum height limitation so it shall refer to "Maximum building height". Section 12. CHAPTER 105, ARTICLE IV Section 105-24 is hereby amended to return the word "building" to the language of the provision establishing the maximum height limitation 80 it shall refer to "Maximum building height". Section 13. CHAPTER 105, ARTIC~E V Section 105-34 is hereby revised by adding the following paragraph (b) to subsection A. (3) and by deleting paragraph (c) from subsection A. (4): 2 03-27-2005 11:35 WELTON J FISCHER 7172648025 PRGE:4 (b) Whenever a building is located more than 35 feet back from the right-of-way line, one freestanding sign shall be permitted. Such freestanding sign shall not be located closer than 10 feet to any bUilding. Section 14. CHAPTER 105, ARTICLE VI Section 105-42 A. (4) is hereby revised to read as follows: (4) No building or other structure shall be erected to a height in excess of 40 feet; provided, however, that this height limit may be increased one foot for each additional foot that the width of each yard exceeds the minimum required and that considerations of fire and other safety features have been adequately taken into consideration. Section 15. CHAPTER 105, ARTICLE XII Section 105-64, Definitions, is hereby revised to change the definition of Building Height, to add a new reference entitled Grade Plane and to revise the definition of Two-Family Detached Dwellings: BUILDING, HEIGHT OF - [See Height, Building or Structure] . The definition for a Two-Family Detached Dwelling is revised by removing reference to side yards. As revised it shall read as follows: DWELLING, TWO-FAMILY, DETACHED - A building with two dwelling units each of which is used by a family with one dwelling unit arranged over the other. GRADE PLANE - A reference plane representing the average of finished ground level adjoining the building or structure at the front exterior wall(s). Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building or structure and the lot line, or where the lot line is more than 6 feet (1829 mm) from the building or structure, between the building or structure and a point 6 feet (1829 mm) from the building or structure. HEIGHT, BUILDING OR STRUCTURE - The vertical distance from GRADE PLANE to the average height of the highest roof surface for a building or, for a structure without a roof, the highest point of the structure. STORY, HALF - This definition shall be eliminated. 3 03-27-2006 11:36 WELTON J FISCHER 7172648025 PAGE: 5 Section 16. In all other respects, the Greene Township Code, Ordinance No. 2002~4 as adopted on March 26, 2002, shall be and remain in full force and effect. Section 17. Effective Date. All provls~ons of this amendment to the Code of the Township of Greene shall be in full force and effect on and after , 2006. Enacted by the Board of Supervisors of the Township of Greene this day of , 2006. BOARD OF SUPERVISORS OF GREENE TOWNSHIP ATTEST: By Charles D. Jamison, Jr., Township Secretary Glenn O. Shetter Jeffrey W. Furry CERTIFICATION I, Diann Weller, Township Secretary, the foregoing ordinance was advertised in , 2006, and general circulation in the approved as set forth at a of Supervisors held hereby certify that the Public Opinion on , 2006, a newspaper of Municipality and was duly enacted and Regular Public Meeting of the Board , 2006. Diann Weller, Township Secretary 4