HomeMy WebLinkAboutWaynesboro ZoningZONING ORDINANCE BOROUGH OF WAYNESBORO ORDINANCE NO. 937 ADOPTED DECEMBER 4, 1991 r I . ract_FranklinCounty_166737.pdf?Ÿ?Ÿ?Ÿ?Ÿ?????
TABLE OF CONTENTS Article I -Definitions Article I I -Zones Article 111 -General Regulations Article IV -Nonconformance Uses Article V -Zone Districts and Permitted Use 0 RL -Low Density
Residential District e RM -Medium Density Residential District TC -Town Center District . e GC -General CommerciaVOffice District e I -Industrial District e HO -HospitaVOffice District
PR -Planned Residential Development District Article VI -Special Exceptions Article VI1 -Conditional Uses Article Vlll -Planned Residential Development Regulations Article IX -Supplemental
Provisions Article X -Off-street Parking and Loading Requirements Article XI -Signs Article XI1 -Zoning Hearing Board Article Xlll -Administration and Enforcement Article XIV -Amendments,
Separability, Repealer ADDENDUM A -Typical Lot t THIS PROJECT WAS FINANCED (IN PART) BY A GRANT ADMINISTRATION OF THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF COMMUNITY AFFAIRS. FROM
THE FEDERAL DEPARTMENT OF HUD, UNDER THE 1 22 26 29 30 30 32 34 36 39 41 45 47 58 68 81 81 117 124 135 151 155 ADDENDUM B -Schedule of Area, Yard, Height and Building Requirements
Rr ARTICLE I Definitions 1. Definitions and usage. A. Words and phrases. Words used in the present tense include the future; the singular number includes the plural, and the plural,
the singular. The word "lot" includes the word "plot" or parcel. The word "structure" includes the word "building". The term "such as" where used herein shall be considered as introducing
a typical or illustrative rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures. The word "person" includes
a firm, association, organization, partnership, trust, company or corporation as well as an individual. The word "shall" is mandatory, the word "may" is permissive. The words "used"
or "occupied" include the words "intended, designed, or arranged to be used or occupied." The word BOROUGH means the Borough of Waynesboro, Franklin County, Pennsylvania. The term BOARD
means the Zoning Hearing Board of said Borough, unless otherwise stipulated. Any word or term not not defined herein shall be used with a meaning of standard usage. B. Definitions. Certain
words and terms in this chapter are defined for the purpose thereof as follows: ACCESSORY USE OR STRUCTURE -A subordinate use or structure, attached or detached, the purpose of which
is incidental to that of a main use or structure on the same lot. ADULT BOOKSTORE -A retail establishment selling and/or displaying publications and other material commonly denoted "adult
books" or adult materials or books or materials having as a main or central theme afi appeal to the prurient interest without any redeeming social value. 1 ' 'I 1 _. .--. . . .... "
... ,
Material shall mean any book, magazine, newspaper, advertisement, pamphlet, poster, print, picture, figure, image, drawing, description, motion picture film, phonographic record or recording
tape, video tape or other tangible thing capable of producing or reproducing an image, picture, sound or sensation through sight, sound or touch. Prurient -shall mean a lustful, lascivious,
erotic, shameful or morbid interest in sexual conduct, sexuality explicit nudity, sadomasochistic sexual abuse or lewd exhibition of the genitals. Materials or performance may be deemed
to appeal to the prurient interest when they have a tendency to excite lustful thoughts or lascivious desires or when they are designed, marketed, promoted or disseminated to cater or
appeal to such an interest. Where the material or performance is designed for and primarily disseminated or promoted to a clearly defined deviant sexual group, rather than the public
at large, the prurient-appeal requirement is satisfied if the dominant theme of the material or performance, taken as a whole, appeals to the prurient interest in sex of the members
of that intended and probable recipient group. AIR RIGHTS -The providing of safeguards and control of construction above the ground, right of way, building or other structure and water
courses. ALLEY -Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street and have a maximum width
of 20 feet. ALTERATION, STRUCTURAL -Any change in the supporting members of a building such as load bearing and non-load bearing walls, posts, piers, columns, beams or girders. AUTOMOBILE
SALES LOT -An open area other than a street which is used for the display, sale or rental of two or more new or used motor vehicles, trailers, or boats or similar type of equipment in
operable condition and where no repair work is done. 2
BASEMENT (CELLAR) -A story having more than twenty-five percent (25%) of its clear height below the average finished grade. BED AND BREAKFAST -A use provided within an existing single
family detached dwelling to accommodate transient overnight guests for rent. BILLBOARD OR SIGNBOARD -Any structure or portion thereof situated on private premises on which lettered or
pictorial matter is displayed for advertising purposes other than those signs on a building or its grounds giving the name and occupation of the user of the premises, the nature of the
business conducted thereon, or the products primarily sold or manufactured thereon. BUILDING -Any structure having a roof supported by columns, posts, or walls and intended for the shelter,
housing or enclosing of persons, animals or property. BUILDING COVERAGE -The square footage or other area measurement by which a building or structure occupies the land as measured at
the grade line around the foundation. BUILDING HEIGHT -The vertical distance measured from the mean elevation of the finished grade along all sides of the building to the highest point
of the roof excluding a chimney or other similar structure. BUILDING SETBACK LINE -A line which, between it and the street line, no building or other structure or portion thereof, except
as provided in this Zoning Ordinance may be erected above ground level. The setback line is considered to be a vertical surface intersecting' the ground on such line. . .-BUSINESS OFFICE
-A business establishment which does not offer, on the premises, a product or merchandise for sale to the public but offers a service to the public. However, personal services such as
barber and beauty shops and repair services are not to be included within the definition of business offices. 3
CAR WASH -A building or portion thereof where automobiles or motorized equipment are cleaned, using a conveyor, blower, steam-cleaning equipment, or other devices. CARPORT -An attached
or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with a roof and the necessary supporting columns and of an area
between the columns not to exceed 500 square feet. CHURCH -A building or group of buildings including customary accessory buildings designed or intended for public workshop. For the
purpose of this Ordinance, the word church shall include: chapels, cathedrals, temples, and similar designations as well, as parish houses, convents, and such -a accessory uses. CLINIC
-A place where patients or clients are studied, or treated, or counseled by professionals specializing in various pursuasions and practicing as a group. CLUSTER HOME -A cluster home
is one of a series of detached, semi-detached and attached single family dwelling units, designed for conveyance either as a condominium or in fee simple, with private or semi-private
patios. CLUB, LODGE, OR SOCIAL BUILDING -A building to house a club or social organization . not conducted for private profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe, or other public place. COMPREHENSIVE PLAN -The official Comprehensive Plan for the Borough of Waynesboro, Pennsylvania, including recommendations for land
use, transportation, and community f aci I i t ies. COMMON OPEN SPACE -An open space area within or related to a site designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary 4
t' t r r and appropriate for the use or enjoyment of residents and owners of the development. CONDITIONAL USE -A use permitted in a particular zoning district only upon a showing that
such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Zoning Ordinance and upon the issuance of
an authorization therefor by the Borough Council following recommendations by the Planning Commission. CONDITIONAL USE APPROVAL -The authorization to conduct a particular conditional
use in a particular zone. It is issued by the Borough Council pursuant to a public hearing and recommendations by the Planning Commission upon proof that all the criteria for the use
have been met by the applicant. In allowing a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this ordinance,
as it may deem necessary to implement the purposes of this ordinance. Any applications seeking exceptions to that criteria shall be considered as an application for a variance and shall
be made to the Zoning Hearing Board, which shall have the authority to grant the approval under those circumstances. CONDOMINIUM -A condominium is ownership of real property combining
ownership in fee simple and undivided ownership in common with other purchasers of the common elements in the structure and including the land and its appurtenances. CONVALESCENT HOME
-An institution where the ill or injured may receive extended care in between post hospital care and complete cure and where medical, nursing, food, and lodging services may be provided
including examination and treatment facilities including x-ray equipment. COUNCIL -Borough Council of the Borough of Waynesboro, Pennsylvania. COURT -An unobstructed more sides by the
walls of open area, bounded on three (3) or a building or buildings. 5
t 1 DAY CARE CENTER -Any premises in which day care is provided simultaneously for six (6) or more persons regardless of age who are not relatives of. the operator. DENSITY -The permitted
number of units per gross area of land to be developed. DEVELOPER -The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase or any other person having an enforceable proprietary interest in such land. DEVELOPMENT PLAN -The provisions for development,
including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of
development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this act shall mean the written
and graphic materials referred to in this definition. DISTRICT -Any part of the territory of the Borough of Waynesboro to which certain uniform regulations and requirements of this Ordinance
apply, DRIVE-IN SERVICE PLACES -An establishment or activity where patrons are served with food, soft drinks, ice cream, and similar confections or where patrons are provided with '
professional, commercial or personal services outside the confines of the principal building or in vehicles parked upon the premises, regardless of whether or not, in addition thereto,
seats or other accommodations are provided for the patrons. Drive-in theaters shall not be included. DWELLING -A building which is designed or used exclusively as the living quarters
for one or more families or individuals. DWELLING, APARTMENT -A room or suite of connecting rooms for occupancy as a single dwelling unit by one family in a building having three (3)
or more of such dwelling units. ONE BEDROOM APARTMENT -A dwelling unit in an apartment containing not more than one room 6
designed, intended and devoted to sleeping purposes. TWO BEDROOM APARTMENT -A dwelling unit in an apartment containing not more than two rooms designed, intended and devoted to sleeping
purposes. DWELLING, BOARDING HOUSE -A house where meals, or lodging and meals, can be had for pay. A boarding house includes a guest house, and a rooming house. DWELLING, DUPLEX (SEMI-DETACHED)
-A two family dwelling with one dwelling unit attached and located beside the other and separated therefrom by a party or common wall, whether or not that wall is fire wall. DWELLING,
EFFICIENCY UNIT -A dwelling unit in an apartment house consisting of one room with additional bath and cooking facilities separated from such room by a permanent wall and folding or
sliding doors respectively and cooking facilities separated from such room by a permanent divider of at least thirty (30) inches height. DWELLING, MULTI-FAMILY -A building containing
three or more dwelling units and occupied or designed for occupancy by three or more families families living independently of each other with their own cooking, sanitary and sleeping
facilities. DWELLING, SINGLE FAMILY -A building containing one dwelling unit only and occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping
unit. DWELLING, TOWN HOUSE (ROW HOUSE) -For the purpose of this Ordinance, a town house (row house) shall be one single family unit in a group of three or more connected dwellings whether
or not each dwelling unit is separated by a fire wall or whether it is a group of connected semi-detached units. Each single family unit may have one or more stories, but nothing in
this definition shall be construed to allow one dwelling unit over the other. 7
DWELLING, TWO FAMILY -A building containing two dwelling units only and intended for residential occupancy by two families each living independently of each other and each with its own
separate sleeping, cooking, and sanitary facilities. DWELLING UNIT -A building or part thereof having cooking, sleeping, and sanitary facilities for one family. I EASEMENT -A right granted
to the Borough or other governmental authority for the use of private land for certain public and quasi-public purposes. ELDERLY HOUSING -A'dwelling unit designed to be provided for
a family in which one of the members is at least sixty-two (62) years of age. FAMILY -One (I) or more persons occupying a dwelling unit and living as a single, non-profit housekeeping
unit. FARM -Any parcel of land containing at least (10) acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products, and tilling of the
soil. FENCE -An artificially constructed barrier of wood, wire, stone, metal, or other manufactured material or combination of materials erected. FIRE LANE -Any right of way on private
property to permit access by emergency vehicles. Fire lanes shall be kept open and clear of all vehicles or other objects. FIRST FLOOR AREA -First floor area shall be measured by using
the outside dimensions of the residential portion of a building excluding the area of an attached garage. For a split level or tri-level dwelling, the area shall be considered to be
the sum of the areas of two adjoining levels, excluding cellars and garages. FLOOD DAMAGE PREVENTION ORDINANCE -The ordinance in effect in the Borough which controls any and all development
within specified flood' prone areas. 8
FLOOR AREA, GROSS -The total area of all the stories of all the structures on a lot, measured from the outside faces of the exterior walls or from the exterior roof edges where a structure
has no walls. FLOOR AREA RATIO (FAR) -The sum of the area of all floors of buildings or structures compared to the total area of the site. GARAGE, PRIVATE -A building or space used as
an accessory to the main building which provides for the storage of motor vehicles, in which no occupation, business or service is conducted for profit. GARAGE, PUBLIC -A building or
part thereof, other than a private garage used for the storage, care or repair of motor vehicles for profit, including the sale of motor vehicles, fuels, or accessories, or the hiring
of same. I I I 1 GROSS FLOOR AREA -Gross floor area shall be measured by using the outside dimensions of the building, excluding the area of an attached garage, open porch or patio and
further excluding the area used as a basement. Only those floor areas which have a ceiling height height of seven feet or more shall be eligible1 for inclusion in the gross floor area.
The gross floor area of an apartment dwelling unit shall be measure from the center of interior walls and the outside of exterior walls and shall include closets, bathrooms and hallways
within the dwelling unit in addition to the area of all other rooms within the dwelling unit. HABITABLE ROOM AREA -The floor area within a residential structure to be used for habitation
excluding cellars, attics, utility (heating and cooling) rooms and garages and open porches and, in apartment houses, excluding common hallways. HIGH RISE APARTMENTS -Multi-family dwellings
adhering to the standards as set forth in this ordinance. HOME OCCUPATION -Any use such as handicrafts, music instruction, beauty shops, barber shops, dressmaking laundering, preserving,
millinery, and home cooking, which is clearly incidental and secondary to the use of the building for 9
I, iL dwelling purposes and which would not constitute an unwarranted nuisance to other residents of the neighborhood. HOSPITAL -An institution where the ill or injured may receive medical,
surgical or psychiatric treatment, nursing, food and lodging during illness. HOTEL -A building which (a) contains guest rooms, each having its only access from a central interior corridor
which are designed or intended to be used, let, or hired out for compensation, (b) contains a public lobby serving the guest rooms, (c) may contain one or more dining rooms, and (d)
has full-time o n-si te manage men t. INDUSTRY -. LIGHT INDUSTRY -Industry where the type of activities produce some noise, traffic or danger, but where the activities are of such a
scale or character that they present no serious hazard to neighboring properties, and where the type of work is oriented to the fabrication, assembly, storage or packaging of a product
as opposed to the primary manufacturing of a product from raw materials. MEDIUM INDUSTRY -Industry where the type of activities might be a manufacturing plant of a very small scale or
certain industries of a large scale which, because of their character and methods of operation, are clean, quiet, and can be properly cushioned from adjacent areas by planting or park
space. HEAVY INDUSTRY -Industry where the type of activities customarily produce nuisance or dangerous elements and where the type of work is oriented to the primary manufacturing of
a product. JUNK YARD -Any area of land with or without buildings, regardless of size, devoted to the accumulation, storage, keeping or abandonment of junk or debris, including by way
of illustration but not of limitation: abandoned automobile tires, abandoned automobiles, automobile parts, paper, rags, metal, glass, or plastic containers, old household appliances,
wood, 10
I 1 .. -. .l' I lumber, b'rush and any stumps or any other debris of any material whatsoever. I I KENNEL -A place where animals are boarded, trained, or raised and bred for compensation,
or as part of a service provided by an accompanying principal use or structure. This definition shall not apply to a farm. LOADING SPACE -An off-street space or berth on the same lot
with a building, or group of buildings, for the temporary merchandise or materials. --\ parking of a commercial vehicle while loading or unloading LOT -For zoning purposes, as covered
by this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces
as are herein required. Such lot shall have frontage on an improved public street, and may consist of: a) a single lot of record; b) a portion of a lot of record; c) a combination of
complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record; or d) a parcel of land described by metes and bounds; provided that
in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance. LOT AREA -The area contained within the lot
lines of a lot but shall not include any portion of a street. -LOT COVERAGE -That percentage of the lot area which may be covered by one (1) level of a building area. LOT DEPTH -The
horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the rear lot line on a perpendicular to the mean street right of way line.
LOT, FLAG -A flag lot is an interior, unconventional lot which has direct access to a public or private street by way of a minimum thirty-foot-wide simple access strip. No part of the
flag stem or access strip shall be included in determining the area of the "flag lot." No building or structure shall be permitted in any portion of the flag stem or access strip. The
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front building setback line of the required front line shall be measured only from the interior front line and not from the street line or right-of-way line. A flag stem or access strip
providing access to a "flag lot" may not exceed three hundred (300) feet in length as measured from the street right-of-way to the interior front lot line. LOT FRONTAGE -The front of
a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements or corner lots and through lots, all sides of a lot adjacent to streets
shall be considered frontage; and yards shall be provided as indicated under YARDS in this section. LOT, INTERIOR -A lot other than a corner lot. LOT LINE -Any line forming a portion
of the exterior boundary of a lot. LOT OF RECORD -A lot which is part of a subdivision recorded in the office of the Recorder of Deeds of Franklin County, or a lot or parcel described
by metes and bounds, the description of which has been so recorded. LOT TYPES -The diagram which follows illustrates terminology used in this ordinance with reference to corner lots,
interior lots, reversed frontage lots and through lots. A R T E R t A L 12
CORNER LOT -Is indicated by letter A in diagram and is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered
a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked
A in diagram. INTERIOR LOT -Is indicated by letter B in diagram and is defined as a lot other than a corner lot with only one frontage on a street other than an alley. THROUGH LOT -Is
indicated by letter C in diagram and is defined as a lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets
may be referred to as DOUBLE FRONTAGE lots. REVERSED FRONTAGE LOT -Is indicated by letter D in diagram and is defined as a lot that has frontage on two streets of different classification
with access to the higher order street prohibited and the structure oriented to face the lower lower order street. LOT WIDTH -The horizontal distance between the side lot lines measured
along the front setback line or other designated building line. MAXIMUM IMPROVEMENT COVERAGE -The building coverage and area of all paved surfaces which cover a lot, such as required
parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto; service areas; accessways; streets; walkways and patios. 4 MINING, QUARRYING,
OR EARTH REMOVING -The excavation of any natural mineral deposit or-soil for commercial sale. MOBILE HOME -A transportable, single family dwelling intended for permanent occupancy, contained
in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations, and 13 .-_
constructed so that it may be used without a permanent foundation. MOBILE HOME LOT -A parcel of land in a 'mobile home park, improved with the necessary utility connections and other
appurtenances necessary for the erections thereon of a single mobile home. MOBILE HOME PARK -A parcel or contiguous parcels of land which has been so designated and improved that it
contains two or more mobile home lots for the placement thereon of mobile homes. MOTEL -A building or group of buildings which (a) provides for transient guest rooms with outside entrances,
(b) has a public lobby, and (c) may contain one or more dining rooms. NONCONFORMING LOT -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. NONCONFORMING STRUCTURE -A structure
or part of a structure manifestly not designed to 'comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
Such nonconforming structures include, but are not limited to, nonconforming signs. '1 NONCONFORMING USE -A use, whether of land or of structure, which does not comply with the applicable
use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such -ordinance or amendment, or
prior to the application of such ordinance or amendment to its location by reason of annexation. NUISANCE -Any practice which annoys, disturbs or interferes with one in the possession
and enjoyment of his property, 14
I rendering its reasonable use or occupation physically uncomfortable, e.g.: excessive noise, noxious odors, electronic radiations, vibrations, smoke discharge, glare, improper drainage,
etc. NURSING HOME (REST HOME) -A structure designed and used for the housing and care of persons afflicted by illness or infirmity, before or following hospitalization, especially the
care of elderly, infirm or handicapped persons in which surgical facilities are not provided, but where examination and treatment rooms including x-ray facilities may be provided. NURSERY
SCHOOL -A school licensed by the Commonwealth of Pennsylvania to provide daytime care or instruction of two (2) or more children from two (2) to five (5) years of age, inclusive, and
operated on a regular basis. OFFICIAL MAP -A map adopted by ordinance by the Borough Council pursuant to Article IV of the Municipalities Planning Code. OPEN SPACE -Any parcel or area
of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of
land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that
are designed to be incidental to the natural openness of the land. PARKING SPACE -An area not less than ten feet wide by twenty feet in length or nine feet wide by twenty feet in length,
depending on access aisle widths, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle except that nothing shall prohibit
private driveways for one and two family dwellings from being considered off-street parking areas provided that no portion of such driveway within the right-ofwwa line of the street
intersected by such driveway shall be considered off-street parking space. A parking space is intended to be of sufficient area to accommodate the exterior extremities of the vehicle,
whether in addition thereto
wheel I 15
blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. PARTY WALL -A common shared wall between two (2) separate structures, buildings,
or dwelling units. PERMITTED USE -Any use of the land or building as permitted by this Ordinance. PERSONAL CARE HOME -A premise in which food, shelter, personal assistance or supervision
are provided for a period exceeding 24 consecutive hours for more than 3 adults who are not relatives of the operator and who require assistance or supervision in matters such as dressing,
bathing, diet or medication prescribed for self administration but do not require hospitalization or care in a skilled nursing or intermediate care facility. PLANNED RESIDENTIAL DEVELOPMENT
-An area of land, controlled by a landowner, to be develped as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development
plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one
district created, from time to time, under the provisions of this ordinance. POOL -Pools (private, public, apartment or town house) used for swimming and bathing. These pools shall be
constructed and maintained under and conform with the adopted Basic Building Code of the Borough of Waynesboro. PRIVATE CLUBS AND LODGE -Any building which serves as a meeting place
for a selected membership, together with recreation and dining facilities which are not open to the public. PROFESSIONAL OFFICE -The offices of an attorney, dentist, physician, clergyman
or other similar professional person. Where such offices are part of a structure where there is a residence or residences, the restrictions as outlined under Home Occupation shall apply.
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PUBLIC UTILITY INSTALLATION -Of or pertaining to any building, structure, use or activity belonging to or affecting any duly authorized governmental body excluding municipally owned
facilities but including such uses as cable television installations. RECREATIONAL VEHICLE -A vehicular type portable structure without permanent foundation, which can be towed, hauled
or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers,
house trailers, boat trailers and self propelled motor homes. RESIDENTIAL CLUSTER -An area to be developed as a single entity according to a plan containing residential housing units
which have open space as an appurtenance. RESTAURANT -Any establishment, however designated, at which food is sold for consumption on the premises excluding however, a snack bar or refreshment
stand at a public or community swimming pool, playground, playfield, or park, operated in conjunction with and incidental to such recreational facility for the sole convenience of patrons
of the faci Ii ty. RESTAURANT, DRIVE-IN -A restaurant at which any food or refreshments are customarily served to or consumed by any patrons seated in automobiles or otherwise off the
premise whether or not, in addition thereto, seats or other accommodations are provided for patrons. RESTRICTIVE COVENANT -A restriction on the use of land usually set forth in the deed
or separately recorded restrictions and which is binding upon subsequent property owners. RIGHT-OF-WAY -The land and space required on the surface, subsurface, and overhead for the construction
and installation of materials, necessary to provide passageway for vehicular traffic, pedestrian, utility lines, poles, conduits, and mains, signs, hydrants, trees and shrubbery and
the proper amount of light and air established by local authorities. 17
SERVICE STATIONS -Land and building designed and used for providing for the sale of fuel, lubricants, and automotive accessories and for providing maintenance and minor repairs for motor
vehicles, but not including body repairs or, under any circumstances the storage of inoperable or wrecked vehicles. SHOPPING CENTER -One or more buildings or parts thereof, to be occupied
and used by more than one enterprise for the conduct of business as an integrated and comprehensively planned area. SIGN -For the purpose of this Ordinance the terms "sign" or "advertising
structure'' shall mean and include every sign, billboard, group sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary
sign, awning, banner and canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person
or product when the same is placed out of doors in view of the general public. SITE PLAN REVIEW -The examination of the specific development plans for a lot. Wherever the term site plan
approval is used in this Ordinance, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Commission. SPECIAL EXCEPTION -A special
exception is a use that would not be appropriate generally or without restriction throughout the zone, but which, if controlled as to number, area, location, or relocation to the neighborhood,
would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. The Zoning Hearing Board may approve a special exception
following a public hearing and findings of fact consistent with the provisions of this Ordinance, provided the use complies with specified conditions and standards outlined in this Ordinance.
STORY -That part of any building comprised between the level of one finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that
part of the building comprised between the level of the highest 18
.i I . . finished floor and the top of the roof beams. The first story of any building shall be where more than 75 percent of the story is above the finished grade along the front of
the.building. STREET -A strip of land including the entire right-of-way intended for use as a means of vehicular and pedestrian traffic whether public or private and shall include street,
avenue, boulevard, road, highway, freeway, parkway and viaduct. An alley shall not be considered as a street. STREET LINE -The dividing line between the street right-ofwwa and a lot.
STRUCTURE -Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include
buildings, mobile homes, walls, fences, billboards, and poster panels. TRAILER -A residence on wheels, skids or rollers (other than a travel trailer or camper trailer) without motive
power, designed to be used for long term human habitation or for carrying persons or property, including a trailer coach house trailer, or mobile home, whether or not it is raised off
the wheels, skids or rollers in a temporary or permanent fashion. TRAILER CAMP -Land used or intended to be used by tents, trailers, or movable dwellings. Two or more trailers, whether
parked or supported by foundations, shall constitute a trailer camp. TURNING AREA -The area necessary in a parking lot for maneuvering vehicles into and out of parking stalls and in
other areas the space provided for vehicles to turn around. USABLE RECREATION SPACE -Open space developed and designed to be utilized for. the purpose of recreation whether it be park
land, ball fields, or playgrounds. USE -The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. 19 J I
USED CAR LOT -Any place out-of-doors where two or more used motor vehicles, trailers, or boats or similar type of equipment in operating condition are displayed or offered for sale.
VARIANCE -A departure from the provisions of this Ordinance authorized by the Zoning Hearing Board. YARD -A required open space unoccupied and unobstructed by any structure or portion
of a structure from 30 inches above the general ground level of the graded lot upward, provided however, that fences and walls are permitted in any yard subject to site limitations as
indicated herein. YARD, FRONT -A yard extending between side lot lines across the front of a lot. In the case of through lots, unless the prevailing front yard pattern on adjoining lots
indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing
yard pattern, the Administrative Officer may waive the requirements for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of
the yards provided on adjacent lots. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing
yard pattern and a second front yard of half the depth required generally for front yards in the zone shall be provided on the other frontage. In the case of reversed frontage lots,
a front yard of the required depth shall be provided on the lower order streets. In the case of corner lots with more than two frontages, the Administrative Officer shall determine the
front yard requirements, subject to the following limitations: (1) at least one front yard shall be provided having the full depth required generally in the zone; (2) no other front
yard on such lot shall have less than half the full depth required generally. 20
Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines at the legal right-of-way boundary. The foremost
point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without
such rounding. -Front and rear front yard lines shall be parallel. YARD, SIDE -A yard extending from the rear line of the required front yard to the rear lot line. In the case of through
lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots with normal frontage, there will be only one side yard, adjacent to the interior
lot. In the case of corner lots with reversed frontage, the yards remaining after the full and halfdeept front yards have been established shall be considered to be side yards. Width
of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required
side yard shall be parallel to the straight line so established. YARD, REAR -A yard extending across the rear of the lot between inner side yard lines. In the case of through lot and
reversed frontage corner lots, there will be no rear yard. In the case of corner lots with normal frontage, the rear yard shall extend from the inner side yard line of the side yard
adjacent to the interior lot to the rear line of the half-depth front yard. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points
of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established. ZONING OFFICER -The duly authorized and designated official
of the Borough responsible for administering and enforcing the Zoning Ordinance of the Borough of Waynesboro. 21
i I ARTICLE I I Zones 2. Designation of zones; purpose. A. For the purpose of lessening congestion in the streets; securing safety from fire, panic and other dangers; protecting health,
morals or the general welfare; providing adequate light and air; preventing the overcrowding of land or buildings; avoiding undue concentration of population; with reasonable consideration
to the character of the district and its peculiar suitability for particular uses and with the objective of conserving the value of property and encouraging the most appropriate use
of land throughout such municipality, the Borough of Waynesboro is hereby divided into the following Zoning Districts: Svmbol Zone R-L Low Density Residential District R-M Medium Density
Residential District P-R Planned Residential Development District T-C Town Center District G-C General CommerciaVOffice District I Industrial District H-0 . .Hospital/Office District
B. This chapter is adopted in order to promote and protect the public health, safety, morals and general welfare and in furtherance of the following related and more specific objectives:
(1) To secure safety from fire, flood, panic and other natural and man-made disasters. (2) To provide adequate light, air and open space. (3) To ensure th,at the development of the Borough
of Waynesboro does not conflict with the development and , general welfare of neighboring municipalities, the 22
(4) (7) County of Franklin and the Commonwealth of Pennsylvania. -To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being
of persons and neighborhoods and the preservation of the environment. --To encourage the appropriate and efficient expenditure of public funds by the coordination of public development
with land use policies. To provide sufficient space in appropriate locations for a v a r i e t y of r e s i d e n t i a l , r e c r e a t i o n a l , comrnercial/industriaI uses and
open space, both public and private, according to their respective environmental requirements. To encourage the location and design of transportation routes which will permit the free
flow of traffic while discouraging location of such facilities and routes which will result in congestion or blight. To provide a desirable visual environment through creative development
techniques and good civic design and arrangements. To promote the conservation of open space and valuable natural resources and to prevent degradation of the environment through improper
use of land. To encourage planned residential developments which incorporate the best features of design and relate the type, design and layout of residential, commerciaVindustria1 and
recreational development to the particular site. To encourage the provision of senior citizen housing. To encourage the provision of affordable housing for low and moderate income persons.
A. 8. C. (13) To encourage the retention of the Borough's historic character. (14) To encourage the coordination of the various public and private procedures and activities shaping land
development with a view of lessening the cost of such development and to the more efficient use of the land. 3. Zoning Map. The Zoning Map entitled "Zoning Map, Borough of Waynesboro,
Franklin County, Pennsylvania, December 4, 1991 ,I' is hereby adopted and made a part of this chapter. 4. Zone boundaries. District boundary lines are intended to follow street center
lines, water courses and lot or property lines as they exist at the time of enactment of this Ordinance unless otherwise indicated by dimensions on the Zoning Map. The exact location
of any disputed district boundary line shall be determined by the Zoning Hearing Board. 5. Conformity with provisions. Except as hereinafter otherwise provided: No building shall be
erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner
other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located. No building shall be erected, reconstructed or structurally
altered to exceed in height the limit hereinafter designated for the district in which such building is located. No building shall be erected, no existing building be altered, enlarged
or rebuilt; nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location 24
regulations hereinafter designated for the district in which such building or open space is located. D. No yard or other open space provided about any building for the purpose of complying
with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing
a yard or open space for a building on any other lot, except that such parking space as is required for certain uses identified in this Ordinance which need not be provided on the same
lot as the principal structure or use shall be considered as part of the open space required for the continuance of such use but' may be relocated in a manner so as to conform in all
other respects to the requirements for such parking, subject to approval by the Zoning Hearing Board. E Notwithstanding limitations imposed by other provisions of this Ordinance, a building
and its customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership
and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that
are generally applicable in the zone, provided the yard dimensions and other requirements not involving area or width, or both, of the lot shalt conform to the regulations for the zone
in which such lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Hearing Board. E All uses not expressly permitted in this ordinance are
prohibited. -25
~ 1 I I 1 ARTICLE 111 General Regulations 6. Area regulations. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary
,projection of sills, chimneys, flues, buttresses, ornamental features and eaves; provided, . however, that none of the aforesaid projections shall project into the minimum side yards
more than twenty-four (24) inches. Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor may extend into any yard, provided
the total area of all such porches which extend into such yards does not exceed two hundred (200) square feet. Nothing herein shall prevent the erection of fences in the required yard
so long as they do not prevent adequate sight distance at intersections. 7. Height regulations. A. Height shall be measured as the vertical distance derived from the average finished
grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure. B. The height restrictions
in Addendum 6, Schedule of Area, Yard, Height and Building Requirements do not apply to spires, cupolas, chimneys, antennas attached to a permanent building or other permanent structure,
water tanks, elevator housing, ventilators, or other structures placed above roof level, not intended for human occupancy and necessary for the operation of the permitted use. 8. Street
frontage. Every principal structure shall be built upon a lot 'with frontage upon a public street or upon a private street in a Planned Unit Development. A Condominium Development is
exempt from this section if the condominium development as a whole fronts upon a public or private street. 26
9. Visibility at intersections. On a corner lot in any zone, except the Town Center District, nothing shall be erected (including fences), placed, planted, or allowed to grow in such
a manner as materially to impede vision between a height of two and a half and ten feet above the center line grades of the intersecting streets, as measured by a right angle from the
point under consideration, in the area bounded by the street lines of such corner lots and a line joining points along said street lines twentyfiiv feet from the point of the intersection,
except in the case of an alley where the distance shall be fifteen feet. 10. Off-street parking. In all zones parking space for two (2) automobiles and the means of access thereto shall
be provided on every lot for every dwelling unit located thereon, provided that in any commercial zone such parking space may be provided in the manner and location herein permitted
for required parking facilities accessory to the business uses. 11. Corner lots. A. On all corner lots, the width of all yards abutting upon streets shall not be less than one-half the
minimum front yard depth required on an adjoining interior lot fronting on such street, except that at lease one (1) frontage of the lot shall be designated by the owner of the lot as
its principal frontage, and the full front yard requirements for that frontage shall be observed as elsewhere required in this chapter. However, the provisions of this section shall
not apply so as to reduce the buildable width to less than fifty percent (50%) of any lot less than one hundred (100) feet in width, although in no case shall any structure be erected
closer to any street line than twentyfiiv (25) feet. No such setback need exceed a distance of fifty (50) feet. Corner lots having frontages of greater than one hundred (100) feet on
both intersecting rights of way shall observe the same requirements for front yards on both streets as apply to adjoining interior lots facing upon such streets. L. B. Where the above
requirements impose impose greater restrictions upon the location of accessory buildings than any requirements elsewhere in this chapter, the above shall apply to accessory buildings
as well. 27 i -1 I 1 -1 . . . -. ~ ........
12. Location of accessory buildings. Unless elsewhere specified in this ordinance, accessory buildings shall conform to the following regulations as to their locations on the lot: A.
B. C. D. E Accessory buildings shall be permitted only on the same lot and within the same zone as the principal building to which they are accessory, unless otherwise indicated in this
chapter. An accessory building shall not occupy a front, rear or side yard, unless otherwise permitted in this ordinance or as in E. below. Accessways to off-street parking and loading
areas may cross the front, rear or side yard across from which site access is provided. Accessory buildings shall not exceed twenty-four (24) feet in height or a maximum of seven hundred
fifty (750) square feet, whichever is smaller. Detached accessory buildings, where permitted, shall be located so that all yard requirements for the lot are met by the principal use.
A garage attached to any side of the dwelling and constructed as a part of such dwelling shall be considered as a part of the dwelling and not as an accessory building and shall meet
all requirements for front, side or rear yards, other setbacks and height of structure. A garage which is not attached to any side of the dwelling is an accessory building which may
occupy the rear yard in any zoning district provided it is twelve feet or more from the rear lot line. 13. Recreational vehicles. The following regulations shall control all recreational
vehicles: A. No recreational vehicles may be stored on the public streets and highways for any period exceeding seven (7) days. No recreational vehicle shall be used for purposes of
human habitation at any time regardless of where stored. B. 28
l a. -_ . 1 I C. Recreational vehicles may be stored on a. lot in any district provided that such vehicle is located in the rear yard and is not stored within five (5) feet of the side
yard setback line or within ten (10) feet of a rear property line. 29 . . I -1
ARTICLE IV Nonconforming Uses 1 4. Existing nonconforming uses. The following regulations shall control nonconforming uses: A. A use or structure lawfully in existence at the effective
date of this chapter which is thereby made nonconforming or a lawful prior nonconforming use or structure may be continued as provided for in this ordinance. B. No nonconforming use
or structure shall been enlarged, extended, reconstructed, substituted or structurally altered except when such changes are in conformity with this ordinance or when required to do so
by law. Normal maintenance and repair of a nonconforming structure or use is permitted, provided that it does not extend or expand the degree of nonconformity. C. 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 two (2) years after the damage occurs and shall be completed within four (4) years after such date, or such use shall not be rebuilt except as a
conforming use or structure. D. Cessation of a nonconforming use for a continuous period of two (2) years shall create a rebuttable presumption that such use has been abandoned. Such
nonconforming use shall not thereafter be revived. 30
ARTICLE V Zone Districts and Permitted Uses c , 1 15. RL -Low density residential district. The purpose of this district is to provide for low density single .._ family development and
to stabilize and protect areas where existing single family development has already occurred, and to promote pleasant and suitable single family residential living -environments. 16.
Use regulations. A. Uses by right. 1. Farms and other uses associated with agricultural activities. 2. Single family dwellings. I 3. Planned residential developments, per Article VIII.
4. Public parks and playgrounds. 5. Houses of worship and related religious facilities. 6. Greenhouses and nurseries, provided that no products are sold on the premises. 7. The renting
of rooms to not more than a total of two persons by the owner occupant, and the provisions for boarding of persons residing on the premises. B. Special exception uses. 1. Public or private
schools._ . 2. Cemeteries. 3. Home Occupations and Home Professional Offices. 31
~ I 1 17. 18. C. Accessory uses. Any use which is entirely incidental and subordinate to the above permitted uses and is located on the same lot or parcel. D. Prohibited uses. Health
club, health spa and exercise studio any of which conduct their activities in such a manner as to appeal to the prurient interest without any redeeming social value and massage parlor,
massage studio, adult theater and an adult bookstore or similar establishments primarily showing films commonly denoted "adult films" or films having as a main or central theme any appeal
to the prurient interest without any redeeming social value, said theaters hereinafter referred to as "adult theaters", or any bookstore primarily engaged in the sale of books commonly
denoted "adult books" or books having as a main or central theme any appeal to the prurient interest without any redeeming social value, said bookstores hereinafter being referred to
as "adult bookstores" shall be prohibited. RM -Medium residential district. The purpose of this district is to provide for a variety of moderate density residential uses including single
family, two family, duplex and townhouse dwellings and low rise apartments, as well as related uses in keeping with the residential character of the district. Use regulations. The following
uses and their accessory uses are permitted by right by the Zoning Officer without further conditions and provided the use type, dimensional, and all other applicable requirements of
this Ordinance are satisfied: -A. Uses by right. 1. Farms and other uses associated with agricultural activities. 2. Single family dwellings. 32
-3. 4. 5. 6. 7. a. 9. 10. 11. J t 1 1 Du pi ex dwe 11 ing s. Two family dwellings. Townhouse dwellings. Planned residential developments, per Article VIII. Multifamily dwellings. Public
parks and playgrounds. The renting of rooms to not more than two persons by the owner occupant, and the provisions for boarding of persons residing on the premises. Houses of worship
and related religious facilities. Greenhouses and nurseries, provided that no products are sold on the premises. B. Special exception uses. 1. Schools and educational institutions. -.
2. Community recreational buildings and uses, provided that the structure and use are of such a nature as will not disturb the residential character of the zone, either by reason of
traffic movement, noise, appearance, or other
characteristics; the structure or use are operated solely for the benefit of residents within a specified residential area, not to exceed the area within one mile of the location of
such building or use. 3. Semi-public and private institutions of an educational, medical, charitable, or philanthropic nature, including but not limited to schools, hospitals, clinics,
nursing care homes. \ homes, orphanages, convalescent homes and personal 4. Cemeteries. 33
C. D. 19. PR 5. Public utility installations except garages, warehouses, and storage yards. 6. Day care centers. 7. Off-street parking facility. 8. Home occupations and home professional
offices. 9. Accessory uses. Any use which is entirely incidental above permitted uses and is located on Prohibited uses. Mobile Home Parks, per Article V , Item F. and subordinate to
the the same lot or parcel. Health club, health spa and exercise studio any of which conduct their activities in such a manner as to appeal to the prurient interest without any redeeming
social value and massage parlor, massage studio, adult theater and an adult bookstore or similar establishments primarily showing films commonly denoted "adult films" or films having
as a main or central theme any appeal to the prurient interest without any redeeming social value, said theaters hereinafter referred to as "adult theaters", or any bookstore primarily
engaged in the sale of books commonly denoted "adult books" or books having as a main or central theme any appeal to the prurient interest without any redeeming social value, said bookstores
hereinafter being referred to as "adult bookstores" shall be prohibited. -Planned residential district. The purpose of this district is to provide for higher density residential living
environments; the district allows for wide variety of housing types, and strongly encourages the concept of Planned Residential Oevelapment which respects the natural amenities and physical
limitations of the land. 34
_-2 0 . Use regulations. A. Uses by right. 1. 2. 3. 4. 5. 6. 7. 8. 9. Farms and other uses associated with agricultural activities. Single family dwellings. Duplex dwellings . Two family
dwellings. Townhouse multifamily and apartment dwellings , only if part of a Planned Residential Development. Planned residential developments incorporating only the permitted uses in
this district, per Article VIII. Public parks and playgrounds. Houses of worship and related religious facilities, Conversions of any dwelling units, per Article VI, Itern E. , E. Special
exception uses. I. Schools and educational institutions. 2. Community recreational buildings and uses, provided that: the structure or use are operated solely for the benefit of residents
within a specific residential area, not to exceed the area within one mile of the location of such buildings or use. 1 J m , -3. Semi-public and private institutions of an educational,
medical, charitable, or philanthropic nature, including but not limited to schools, hospitals, nursing homes, and orphanages. 4. Cemeteries. 35
C. D. 21. TC I 5. Public utility installations except garages, warehouses, and storage yards. 6. Day care centers. 7. Off-street parking facility. 8. Home occupations and home professional
offices. 9. Convenience stores and personal service shops serving the PRO. Accessory uses. Any use which is entirely incidental and subordinate to the above permitted uses and is located
on the same lot or parcel. Prohibited uses. Health club, health spa and exercise studio any of which conduct their activities in such a manner as to appeal to the prurient interest without
any redeeming social value and massage parlor, massage studio, adult theater and an adult bookstore or similar establishments primarily showing films commonly denoted "adult films" or
films having as a main or central theme any appeal to the prurient interest without any redeeming social value, said theaters hereinafter referred to as "adult theaters", or any bookstore
primarily engaged in the sale of books commonly denoted "adult books" or books having having as a main or central theme any appeal to the prurient interest without any redeeming social
value, said bookstores hereinafter being referred to as "adult bookstores" shall be prohibited. -Town center district. It is the purpose of this district to provide for a well-functioning,
more intensified, commercial and people-oriented central area. Although retaiVbusiness uses are strongly encouraged into the Town Center District, a variety of public uses and housing
types can also occur with i n t h is m u 1 ti -f u n c t i o n district . 36
2 2. Use regulations. A. Uses by right. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. I L . .----Retail sales and services. Governmental structures and facilities. Civic and
cultural facilities, indoor theaters. Eating and drinking places, not including drive-in service places. Business or administrative or corporate offices for public agencies, profit organizations,
or private corporations. Professional offices. Business offices. Banks and other financial institutions, not including drive-in service places. Passenger terminals, including taxi stands
and bus stations. Houses of worship and related religious facilities. Private commercial education institutions including schools for special vocational training, dance, music, art,
drama, and other similar activities. Personal service establishments. Membership clubs and fraternal organizations. Single-family dwellings. Duplex dwelling. Two-family dwellings. 37
17. Multifamily dwellings including apartments above the first floor of commercial uses. 18. Funeral homes. 19. Home occupations and home professional offices. 20. Conversions of any
dwelling units, per Article VI, Item 32 E. B. Special exception uses. 1. 2. 3. 4. 5. 6. 7. 8. 9. Eating and drinking places which include drive-in services. Banks and other financial
institutions, which include drive-in services. Other uses permitted in this District where drive-in services are provided. Hotels, motels, and motor inns. Public utility installations
except garages, warehouses, and storage yards. Parking lots and parking structures. Commercial recreation including miniature golf, swimming pools, tennis barns and other similar uses.
Car Washes. Automobile Repair Garages. 10. Day Care Centers. 11. Bed and Breakfast: C. Conditional uses. 1. Planned Town Center Development, per Article VII. 38
D. Accessory uses. I 1. Any use which is entirely incidental and subordinate to I I I I the above permitted uses and is located on the same lot or parcel. I I E Prohibited uses. I Health
club, health spa and exercise studio any of which conduct their activities in such a manner as to appeal to the prurient interest without any redeeming social value and massage parlor,
massage studio, adult theater and an adult bookstore or similar establishments primarily showing films commonly denoted "adult films" or films having as a main or central theme any appeal
to the prurient interest without any redeeming social value, said theaters hereinafter referred to as "adult theaters", or any bookstore primarily engaged in the sale of books commonly
denoted "adult books" or books having as a main or central theme any appeal to the prurient interest without any redeeming social value, said bookstores hereinafter being referred to
as "adult bookstores" shall be prohibited. 23. GC -General commercial/office district. The General Commercial District provides for those types of commercial uses which function best
outside the Town Center. To function properly, these uses require either convenient highway accessibility or large amount of space. 2 4. Use regulations. A. Uses by right 1. Hotels,
motels and motor inns. 2. Retail stores and shops such as grocery, drug, and variety stores and bakeries. 3. Personal service businesses such as shoe repair shops, beauty parlors, and
barber shops, and laundries and dry cleaning establishments which are self-service or pickuu stations only. 39
, 4. 5. 6. 7. 0. 9. 10. 11. 12. 13. 14. 15. 16. 17. 10. 19. 20. 21. Offices for professional or business purposes. Bank or other financial institutions, not ncluding driveii service
places. Tourist homes. Private clubs and lodges. Funeral homes. Motor vehicle service stations. Automobile parking lots and parking garages. Automobile, farm equipment, and marine sales
and services. Hardware, automotive supplies sales establishments. Household and garden supplies sales establishments. Commercial recreation including miniature golf, swimming pools,
tennis barns and indoor theaters. Animal hospitals. Eating and drinking places. Private commercial educational institutions including schools of dance, music, art, drama, and other similar
activities. Public utility uses such as electric substations, storage of materials and trucks, repair facilities and offices. Parking lots and structures. Town house dwellings. Duplex
dwel I ing s. 40
B. c. 24. I -The 22. Two family dwellings. 23. Multi-family dwellings including apartments and apartments above the first floor of commercial uses. 24. Wholesale and warehouse establishments.
25. Car wash. 26. Automobile repair garages and body shops. Special exception uses. 1. 2. 3. 4. Day care centers. Bank or other financial institutions which include driveii services.
Semi-public or private institutions of an educational, medical, charitable, or philanthropic nature, including but not limited to schools, hospitals, nursing homes, and orphanages. Health
club, health spa and exercise studio any of which conduct their activities in such manner as to appeal to the prurient interest, and massage parlor, massage studio, adult theaters and
adult bookstores. Accessory uses. 1. Any use which is entirely incidental and subordinate to the above permitted uses and is located on the same lot or parcel. Industrial district. purpose
of this district is to provide desirable locations for modern industrial development and associated research. The district is intended to promote the economic welfare of the Borough
by reserving especially suited sites for manufacturing, processing and storage uses and by controlling the intermingling of incompatible uses. All uses in this District shall be required
to meet the performance standards as specified in Article IX. 41
J 2 5. Use regulations. A. Uses by right. --1. 2. 3. 4. 5. 6. 7. 8. 9. Farms and other uses associated with agricultural activities. Manufacture, compounding, processing or packaging,
of food and food products, and cosmetics, toiletries, and pharmaceuticals; except fish and meat products, vinegar, yeast and rendering or refining of fats and oils. Manufacture, compounding
or assembling of articles using the following prepared materials; bone or shell, cellophane, fur, glass, leather, plastics, precious or semi-precious metals or stones, rubber, textiles
or cloth products, tobacco, wood or wood products. Manufacture or assembling from prepared materials of the following: musical instruments, clocks or watches, toys or novelties, electrical
appliances, electronic devices, light sheet metal products, machine tools and mac h i nery . Light metal processing such as metal machining, finishing, grinding and polishing, metal
stamping and extrusion of small products (such as costume jewelry and kitchen utensils); and and the manufacture of light metal products, tools, and hardware (such as hand tools, bolts,
nuts). Research, experimental or testing laboratories. Business, administrative, or corporate offices of other uses permitted in this district. Automobile parking lots and parking garages.
Wholesale businesses, warehouses, trucking terminals, and similar nonprocessing storage and distribution uses, except bulk storage of chemicals, petroleum products, and other flammable,
explosive, or noxious materials. 42
10. 11. 12. 13. 14. 15. Building material sales yard, including athe sales of rock, sand, gravel, and the like as an incidental part of the main business. Public utility installations
such as electric substations, storage of materials and trucks, repair facilities, offices. Stone cutting and monument manufacture and sales. -. Gasoline service station, including individual
automobile repair garages. Hardware, automotive supplies sales establishments. Household and garden supplies sales establishments. 6. Special exception uses. 1. 2. 3. 4. 5. 6. Automobile,
trailer or mobile home, farm equipment, and marine sales and service; automobile or automotive manufacture or assembly including farm equipment but not including salvage. Automobile
or automotive manufacture of assembly, brick, tile, terra cotta or cinder block manufacture. Chemical storage, concrete or cement products manufacture, iron or steel foundry, machinery
and machine tools manufacture, textile dyeing or bleaching. Manufacture of ceramic products and building materials using only previously pulverized clay and kilns fired by electricity
or gas. Body shops, or tire recapping or retreading establishments. Contractors' equipment storage yard or plant. Soap and sodium compounds manufacture. 43
7. Any use of the same general character as those permitted and special exception uses listed above, provided that it would not violate the intention of this ordinance and would not
pose a threat to the health, safety or welfare of the Borough, and is not unduly obnoxious by reason of danger of fire or explosion. C. Conditional uses. 1. Single family dwellings.
2. Duplex dwellings. 3. Two-family dwellings. 4. Town house dwellings. 5. Multi-family dwellings. 6. Junk yards. D. Accessory use. 1. Any use which is entirely incidental and subordinate
to the above permitted uses and is located on the same lot or parcel. E Prohibited uses. Health club, health spa and exercise studio any of which conduct their activities in such a manner
as to appeal to the prurient interest without any redeeming social value and massage parlor, massage studio; adult theater and an adult bookstore or similar establishments primarily
showing films commonly denoted "adult films" or films having as a main or central theme any appeal to to the prurient interest without any redeeming social value, said theaters hereinafter
referred to as "adult theaters", or any bookstore primarily engaged in the sale of books commonly denoted "adult books" or books having as a main or central theme any appeal to the prurient
interest without any redeeming social value, said bookstores hereinafter being referred to as "adult bookstores" shall be prohibited. -44
, I, I 26. HO -Hospital/office district. I The purpose of this district is to protect the existing hospital area I from uses which adversely affect the necessary functions of the I hospital
and to provide additional opportunities for hospital and health-realted offices and services close to the hospital. 2 7. Use regulations. A. Uses by right. 1. 2. 3. 4. 5. 6. 7. a. 9.
10 11. Hospital. Nursing and convalescent homes. Medical and dental offices and clinics. Medical laboratories and diagnostic centers. Offices administering health and welfare programs
and services. Single family dwellings. Duplex dwellings. Two family dwellings. -Off-street parking lots. Pharmacy, provided at least eighty (80) percent of the total sales floor area
is devoted to the business of selling prescription and non-prescription drugs and medical supplies, and that the maximum square footage devoted to all functions shall not exceed 2,500
square feet. Opticians, orthopedic and other medical supply places provided one hundred (100) percent of the total sales floor area is devoted to the sale of medical supplies, and that
the maximum square footage devoted to all functions shall not exceed 3,000 square feet. 45
I 1 B. Special exception uses. I 1. Home professional offices. 2. Conversions of 'any dwelling unit, per Article VI, Item E. C. Accessory Uses 1. Any use which is entirely incidental
and subordinate to the above permitted uses and is located on the same lot or parcel. D. Prohibited uses. Health club, health spa and exercise studio any of which conduct their activities
in such a manner as to appeal to the prurient interest without any redeeming social value and massage parlor, massage studio, adult theater and an adult bookstore or similar establishments
primarily showing films commonly denoted "adult films" or films having as a main or 4 central theme any appeal to the prurient interest without any redeeming social value, said theaters
hereinafter referred to as "adult theaters", or any bookstore primarily engaged in the sale of books commonly denoted "adult books" or books having as a main or central theme any appeal
to the prurient interest without any redeeming social value, said bookstores hereinafter being referred to as "adult bookstores" shall be prohibited. 46
ARTICLE VI Special Exceptions 28. Purpose. To permit specific uses in a particular zone subject to the following: , The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications for all special exceptions. Special exceptions are to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear
and decide requests for such special exceptions in accordance with such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board
may attach such reasonable conditions and safeguards, in addition to those expressed in this ordinance, as it may deem necessary to implement the purposes of this zoning ordinance. 2
9. Special exception use procedure. All applicants shall submit three (3) sets of site plans to the Zoning Officer when making application for a Zoning Permit. The following information
shall be included, where applicable: A. B. C. D. I A statement as to the proposed use of the building or or land. A copy of the recorded deed. A site layout drawn to a scale of not less
than one inch equals 50 feet showing the location, dimensions and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines.
If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development
to the proposed layout of the entire property. The location, dimensions, and arrangements of all open spaces, yards and buffer yards including methods and materials to be employed for
screening. 47
E F. G H I . J. K. L. M The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions
to be made for lighting such areas. The dimensions, location and methods of illumination for signs, if applicable. The location and dimensions of sidewalks and all other areas to be
devoted to pedestrian use. Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage. The capacity and arrangement of all buildings
used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land. A description of any proposed industrial or commercial
operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards. The Zoning Officer shall, within
10 days of plan submission, which is in total compliance with the requirements of this section, submit one copy of said plan to the Zoning Hearing Board and one copy to the Planning
Commission. The Planning Commission shall, within 30 days of receipt of said plan, review and submit comments and suggestions to the Zoning Hearing Board which, after a public hearing,
approves or disapproves the proposed use. If disapproved, the reasons for disapproval shall be clearly stated on one copy of the submission and returned to the applicant. The Zoning
Officer shall deny a Zoning Permit for the proposed development until written approval of the Zoning Hearing Board is obtained. Approval may be made conditional upon the applicant's
adoption of specified ,changes in the submission. 48
1 I I N The absence of action on the part of the Planning Commission within the said 30 days shall constitute a Favorable response on the use by the Planning Commission. 3 0. Conditions
for special exception uses. The Zoning Hearing Board shall approve any proposed special exception use if the Board finds adequate evidence that any proposed use will meet all the following
general requirements as well as any specific requirements and standards listed in this Ordinance for the proposed use. Conditions and requirements are as follows. The I proposed special
exception use shall be: I I I A. B. e. D. E F. I In accordance with the Waynesboro Comprehensive I Development Plan and consistent with the spirit, purposes, and I intent of this Ordinance;
In the best interests of the Borough, the convenience and public welfare of the Community, and be an improvement to property in the immediate 'vicinity; Suitable for the property in
question, and designated, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity;
In conformance with all applicable requirements of this 0 rd i nance ; . _ Suitable in terms of permitting the logical, efficient and economical extension of public services and facilities
such as public water, sewers, police and fire protection and public sc hoo Is ; Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access
arrangements to protect streets from undue congestion and hazard. 3 1. Additional special exception conditions. The Zoning Hearing Board may impose whatever conditions regarding layout,
circulation and performance it deems necessary to insure ..-49
1 that any proposed development will substantially secure the objectives of this Ordinance. 3 2. Specific requirements for special exception uses. private institutions; and public and
private schools A. Community recreational buildings and uses; semi-public and 1. 2. 3. 4. 5. The site must be adequate for proper building, drainage, water supply and sewage disposal.
Site size and space requirements shall be in accordance with applicable State or Federal standards and practice for the use proposed. Sufficient amounts of usable space are required
for recreation areas, parking, loading, etc. The site shall be separated from excessive noises, odors, smoke, dirt, dust and traffic congestion. Pedestrian and vehicular circulation
must be designed for safety and efficiency to achieve separation of vehicular and pedestrian traffic. The site shall be located and planned in such a manner that it can be used for both
its intended function and general community functions, if appropriate, and shall be attractively landscaped. B. Public utility installations. , 1. 2. A statement setting forth the need
and purpose of the installation shall be filed with the Zoning Hearing Board by the applicant. Proof shall be furnished to the Board that the proposed installation in the location specified
is necessary for the convenient and efficient operation of the public utilty system or the satisfactory and convenient provision of service by the utility to the neighborhood or area
in which the particular use is to be located.
3. The design of any structure or use in connection with such facility shall conform to the general character of the neighborhood in which it is proposed to be located and will not adversely
affect the safe and comfortable I eisn joloycmateendt. of properties in the neighborhood in which it il -I C. Off-street parking facility (lot or structure). ~ 1. 2. 3. 4. 5. 6. The
facility is to be used only for the parking of passenger automobiles, vans and trucks not exceeding three quarter ton capacity. The facility is not to be used for sales, long term storage,
repair work or servicing of any kind. Entrance to an exit from the facility are to be located so as to insure the protection of the character of the area. No advertising sign may be
located on the facility except an identification sign. All parking is to be kept back of the setback line by barrier unless specifically authorized by the Board. The parking facility
shall be adequately screened from the Street and adjoining properties as may be deemed necessary by the Board. All lighting shall be arranged to eliminate glare on adjoining properties.
D. Day care centers. I. A' statement setting forth full particulars on the operation to be conducted within the structures, and to include the approvals of the Pennsylvania Departments
of Health, Labor and Industry, State and Public Welfare, Human Relations Commission as well as to Title VI of the Civil Rights Act of 1964, shall be filed with the Zoning Hearing Board.
2. The Board shall determine whether said structure or use will not be detrimental to surrounding property and the design of any structures erected in connection with such ._ 51
use shall be in keeping with the general character of the area, and such lot shall meet the requirements of the zone in which located as set forth in the "Schedule of Area, Yard Height
and Building Requirements". E Residential. conversions. The conversion of single-family or twin dwellings to two (2) or more family dwelling units may be permitted in the specified zones
provided: 1. Each dwelling unit, after conversion, shall contain within the unit complete kitchen, toilet and bathing facilities. 2. The area of the lot upon which the conversion is
located contains at least 'one thousand (1,000) square feet for each dwelling unit after conversion. 3. One dwelling unit shall have a minimum of seven hundred (700) square feet of habitable
floor area and all additional dwelling units shall have minimum habitable floor areas according to the following standards: efficiency units -400 square feet limited to one-bedroom units
-500 square feet one unit per conversion two-bedroom units -700 square feet three-bedroom units -900 square feet 4. No exterior structural alteration of the structure may be made except
as may be necessary for safety or for improved access. 5. Off-street parking shall be provided at a ratio of two (2) spaces per dwelling unit created. F. Mobile home park. 1. The area
of the park site shall be a minimum of two (2) acres, and the park shall have a minimum of ten (10) mobile spaces available at first occup8ncy. 'i 52
2. 3. 4. 5. There shall be no more than six (6) mobile home spaces per acre of site area. Community facilities and services including schools, shopping facilities, employment centers
and police and fire protection shall be available on or off the site in relation to probable need. The site shall have suitable characteristics for the purposes intended including suitable
soil, drainage, and topography . All specifications of the Pennsylvania Dept. of Environmental Resources shall be met. G Home occupation. 1. 3. 4. 5. 6. Non-family members shall not
exceed two (2) persons. The maximum floor area devoted to any home occupation whether situated in the dwelling or accessory building shall not exceed twenty-five (25) percent of the
total habitable room area of the dwelling and any accessory building. A sign indicating products made or services rendered shall not exceed three (3) square feet. Only one sign is permitted.
Adequate space for off-street parking and loading shall be provided. There shall be no change in the existing outside appearance of the building or premises or other visible evidence
of the conduct of such home occupation other than a sign. No machinery or equipment shall be permitted that produces noise, odor, vibration light, or electrical interference beyond the
boundary of the subject property. 53
H Home professional occupations. 1. 2. 3. A home professional occupation shall be carried on entirely within the principal building by the inhabitants thereof and shall not, under any
circumstances, exceed twenty-five (25) per cent of the total gross habitable floor area of the principal building. , No such home professional occupation shall require exterior structural
alterations of an existing structure. The exterior design of new structures shall reflect the principal residential use of the structure. No such
home professional occupation shall permit the employment of more than two (2) employees who are not permanent residents of the principal structure. I. Drive-in service places; car washing
services. 1. Proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. 2. Signs and outdoor lighting shall be in accordance with specific provisions
of this Ordinance. 3. Access points shall be limited to two, (2) on each street abutting the lot. 4. On-lot traffic circulation channels and parking areas shall be clearly marked. 5.
Provisions shall be made for proper and convenient disposal of refuse. J. Gasoline service stations; automobile repair garages. 1. Gasoline fuel pumps shall be at least twenty-five feet
from any street right-of-way. 2. All automobile parts and dismantled vehicles shal located within a building. (25) be 54
I 1 I 3. Outdoor paint spraying or body and fender work shall not be permitted. 4. Automobiles taken to a service station or garage for outside storage because of an accident may remain
without repairs being initiated no longer than fifteen (15) days from the initial date. K. Hotels and motels. 1. Minimum lot area -15,000 square feet. 2. Signs and outdoor lighting shall
be in accordance with specific provisions of this Ordinance. 3. Provisions shall be made for proper and convenient disposal of refuse. 4. Off-street parking shall be provided in accordance
with the provisions of this Ordinance. 5. A fifteen (15) foot buffer area, consisting of evergreen plant material at least six (6) feet high and no more than forty (40) percent open,
shall be provided where any lot abuts a residential zone. L. Bed and Breakfast. A bed and breakfast use is a use provided within an existing single family detached dwelling to accommodate
transient overnight guests for rent. 1. No more than six (6) rental units shall be provided and no more than four (4) persons may occupy one (1) rental unit. 2. At least one (I)b athroom
shall be provided for each two (2) guest rooms in addition to at least one (1) bathroom provided for the principal residential use. Lot area and setback requirements for the zone in
which located shall prevail. 3. . . 55
4. 5. 6. 7. 0. 9. 10. Detached dwellings which are converted must maintain the appearance of a detached dwelling with a single front entrance. Additional entrances may be placed on the
side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a
street. Except as may be necessary for purposes of safety in accordance with the preceding paragraph, there shall be no major structural change in the exterior of the building in connection
with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before such conversion. The use shall be carried on by members of
a family, who must reside on the primary premises. In addition, a maximum of two (2) nonresident employees may be uti I ized. I There shall be no separate cooking facilities in any guest
room. Food shall only be served to guests who are staying overnight. The maximum, uninterrupted length of stay at a bed and breakfast shall be fourteen (14) days. The use of any amenities
provided by the bed and breakfast, such as swimming pool or tennis court, shall be restricted in use to the overnight guests and permanent residents of the establishment. Off street
parking shall be provided as follows: Two (2) spaces per dwelling unit; One (1) space per each bed and breakfast room provided; and One (1) space per nonresident employee. M All special
exception industrial uses All applicable performance standards of Article IX, Item 59 herein, shall be met. 56 ~
I I , N Health club, health spa and exercise studio any of which conduct their activities in such manner as to appeal to the prurient interest, and massage parlor, massage studio , adult
I theaters and adult bookstores, however, no such establishment shall be permitted: -_ I 1. 2. 3. 4. 5. 6. Within seventy-five (75) feet of any immediate residential district, or Within
seven hundred fifty (750) feet of any church, --school, municipal facility, semi-public municipal facility including but not limited to YMCA, Boy Scouts and Girl Scouts, or Within seven
hundred fifty (750) feet of any establishment licensed by the Pennsylvania Liquor Control Board to disperse of alcoholic beverages, or Within seven hundred fifty (750) feet of any restaurant,
eating establishment, hotel or motel, or Within seven hundred fifty (750) feet of any club or fraternal lodge, or Within seven hundred fifty (750) feet of any health club, health spa,
massage parlor, massage studio, exercise studio, adult theater and adult bookstores or any other similar establishments. 57
4-J ARTICLE VI1 Conditional Uses 1. 2. 3. 4. 33. Purpose. To allow or deny specific uses by the Borough Council pursuant to public notice and hearing and recommendations by the Planning
Commission and pursuant to express standards and criteria set forth in this Ordinance. In allowing a conditional use, the Borough Council may attach such reasonable conditions and safeguards,
in addition to those expressed in this Ordinance, as it may deem necessary to implement the purposes of this Ordinance. The zoning officer, upon determining that the applicant for a
zoning permit requires conditional use approval, shall refer the application to the Planning Commission for its recommendations. The Planning Commission shall act at its next regularly
scheduled meeting following receipt of the application. The recommendations of the Planning Commission shall be forwarded to the Borough Council which shall advertise for a public hearing
pursuant to public notice as soon as possible following receipt of the Planning Commission's recommendations. 34. Specific requirements for conditional use. Dwellinas Density --The average
gross density shall not exceed the density allowed in the RM Zone District. Floor Area --The gross habitable floor area per dwelling unit shall be four hundred fifty (450) square feet.
Recreation --In developments of twenty (20) or more units, a minimum of ten (10) percent of the gross site area shall be designated for active or passive recreation activities, excluding
open space areas immediately around buildings, storm water drainage areas and drainage control ponds. Buffer Yards --Buffer yards may be required. 50
5. 6. 7. 8. 9. Building Orientation --The minimum distance between apartment buildings or groups of single-family attached dwellings shall be sufficient to permit adequate natural light
and air circulation. Building Size --Maximum'building size shall be restricted to no more than twenty-four (24) apartment dwellings or no more co n ti n uo us s tr uc t u re. than six
(6) single family attached dwellings in any one __ Refuse Storage --All refuse receptacles shall be suitably screened from view. Common Open Space --Adequate provisions for the continuous
ownership and maintenance of any proposed common use areas such as parks, play areas, non-dedicated streets, parking areas, and general open space may ben required. Parking --Parking
requirements of this Ordinance shall be met; the maximum percent of lot covered by structures shall include all parking loading and drive space; and parking, loading and drive space
shall not be located within required yards. Junk Yard 1. No material shall be placed in any junk yard in such a manner that it is capable of being transferred out of the junk yard by
wind, water or other natural causes. 2. The boundaries of any junk yard shall at all times be clearly delineated. 3. All paper, rags, cloth and other fibers, and activities involving
the same, other than loading and unloading, shall be within fully enclosed buildings. 4. The land area used for junk yard purposes shall not be exposed to public view from any public
street or road by virtue of its location on a hillside or location on a plateau below street level. 59
J J . .. 5. 6. 7. a. 9. 10. Such junk yard shall be entirely enclosed by a solid fence or wall, at least eight (8) feet but no more than ten (10) feet high, constructed of plank boards,
brick, cinder block or concrete, with access only through solid gates. The fence or wall shall be situated no closer to any street or property line than fifty (50) feet. Such fence or
wall shall be kept in good repair and neatly painted in a uniform color. The contents of such a junk yard shall not be placed or deposited to a height greater than the height of the
fence or wall herein prescribed. Between the fence or wall and the street or property line, buffer plantings shall be placed that are either: One (1) deciduous tree (one and one-half
[1/2] inch caliper minimum) at an average of one (1) tree per forty (40) lineal feet of buffer plus one (1) evergreen tree (three [3] foot minimum height) at an average of one (1) tree
per twenty (20) lineal feet of buffer; or One (1) deciduous tree (one and one-half [1/2] inch caliper minimum) at an average of one (1) tree per forty (40) lineal feet of buffer plus
one (1) deciduous shrub (three [3] foot minimum height) per four (4) lineal feet of buffer. Shrubs shall be privet, forsythia or vibernum species. All materials shall be stored in such
a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the
ground, separation of types of material, preventing the collection of stagnant water, extermination procedures or other means. No explosive, toxic, radioactive or highly flammable materials
shall be kept on the property. No burning shall be carried on in any junk yard. Fire shall be prevented and hazards avoided by organization and segregating of stored materials, with
particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), 60
I by the provision of adequate aisles (at least fifteen [15] feet) for escape and fire fighting and by other necessary measures. 11. All vehicles must be drained-of all liquids before
they are placed in the junk yard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The base should be sloped to drain
to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain run-off
from a 100 year, 24 hour storm. All hazardous liquids shall be properly disposed of according to the Department of Environmental Resources' Rules and Regulations. 12. A zoning permit
shall be obtained on an annual basis. \ Planned Town Center Development. 35. Objective. The objective of these provisions is to encourage the innovative design and development of the
town center where multiple yet distinct land uses are combined into a single unified development project; to encourage a planned arrangement of individually-owned and operated uses within
complementary functional categories, including professional and business offices, retail sales and commercial services , residential, recreation/leisure time and specialized commercial-business;
to provide a planned development that serves existing and foreseeable needs of the Borough and surrounding service areas; to carefully plan traffic circulation and off-street parking
in order to avoid traffic congestion and inadequate parking; and to encourage the planning and utilization of land and the harmonious design, erection and use of buildings in a diversified
commerce-business-residential center that will contribute to the economic base of Waynesboro Borough and otherwise further the purposes of this Ordinance. 3 6. Plan requirements. Any
application filed for Planned Town Center Development approval shall include, but not be limited to, documents and materials illustrating the following information: 61
A. 8. c. D. E F. G H 1. J. K. L. The location, size and topography of the site. The nature of the landowner's involvement in the development. The proposed functional use areas within
the development, distinguishing between types of uses proposed within each functional area. The location, rights-of-way, cartway widths of proposed streets, designating those which are
proposed to be dedicated to the Borough. The use and the approximate height, bulk and location of existing and proposed buildings and other structures. The location, function, size,
ownership and manner of maintenance of any common open space and public circulation areas. The location, dimensions and arrangement of all open spaces, yards, accessways, entrances,
exits, off-street parking facilities, lo ad i ng and unloading faci I i t ies, pedestrian -ways and buffer strips. The capacity of all areas to be used for automobile access, parking,
loading and unloading. The character of buffer areas and screening devices to be maintained, including the the dimensions and arrangement of all areas devoted to planting, lawns, trees
or similar purposes. The proposal for sanitary sewerage, water supply and storm water disposition systems. The proposed location for all underground utility lines. The substance of covenants,
grant of eastments or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or eastments for common open space areas and public
utilities, and the legal form of provision thereof, 62
M. N Q In the case of plans which call for development in stages, a I schedule showing the approximate time within which applications for final approval of each stage of Planned Town
Center Development are intended to be filed and the I approximate number and type of uses planned for each stage. For areas not scheduled for immediate development within the tract,
the tentative plan shall show at least all information areas. As further development occurs, a plan showing all of the above required detail shall then be submitted prior to the construction
of each subsequent portion. I required in Section 36A through 36D of this Article for these -A feasibility and land use market study done by an independent professional consulting firm.
The study shall include or be supplemented with documentation indicating the impact of the completed Planned Town Center Development upon public facilities, utilities, services, street
systems and existing development. Sufficient data, in all instances, to enable the Borough Council and Planning Commission to judge the effectiveness of the design and the character
of the entire Planned Town Center Development and to consider properly such things as its relationship to surrounding areas, anticipated traffic, public health, safety and welfare. -37.
Function and use regulations. Any combination of uses listed as Permitted Uses in the Town Center Zone (TC) may be included in a Planned Town Center Development. 3 8. Area regulations.
A. The proposed development shall be constructed in accordance with an overall plan and shall include the planned phasing and schedule of construction. The overall plan shall be designed
as a single architectural scheme with appropriate common -landscaping, and shall provide, initially at least, for the construction of a minimum of twenty-five (25) percent of the total
ground floor area. If the -development of the Center is to be carried out in progressive stages, each stage shall be planned that the previous and following requirements and 63
c , B. C. .. . . . D. E F. intent of this Ordinance shall be fully complied with at the completion of any stage. No Planned Town Center Development shall be less than twenty-thousand
(20,000) square feet. Not more than 70 percent of the area of each site shall be occupied by buildings. Front, side and rear yards shall be provided on each site as follows: 1) Sight
distance and visibility requirements of this Ordinance shall be met. 2) The applicant shall demonstrate that space between buildings is adequate to allow unrestricted pedestrian movement,
refuse removal equipment or other such activities which might occur in this space: is adequate to provide sufficient light and air; and allows sufficient space for cleaning between buildings.
-, Vehicular access points to the development and any street frontage improvements, including widening and directional turning lanes, if necessary, shall be an integral part of the development.
When appropriate, the applicant shall provide a street network within the boundaries of the property which meet the following requirements: 1) All streets must be built to the standards
established by the Borough. 2) Streets shall connect to existing streets in the manner prescribed for local streets in the Borough Subdivision and Land Development Ordinance. Pedestrian
walkways and entrance ways must provide direct access from existing and designated new parking areas and shall connect with the existing pedestrian circulation system. The applicant
shall demonstrate that the proposed pedestrian circulation network will be able to accommodate the volume of use anticipated from . the proposed development without adverse congestion;
will be aesthetically pleasing for users; 64
39. 40. 4 1 will offer amenities such as sitting areas where appropriate; and will offer protection to the users from other modes of travel (e.g., automobiles, buses, bicycles). G Whenever
a proposed development is a residentialnonresiidentia mixed use to be located adjacent to residential zones, the applicant shall locate proposed residential uses adjacent to residential
zones. In the case of a proposed development of nonresidential uses planned for construction adjacent to a residential zone, the applicant shall demonstrate that proposed uses will be
buffered in such a way so as to provide a harmonious transition from nonresidential to residential use. To accomplish this, the applicant may incorporate design elements including, but
not limited to, open space corridors, natural vegetation screens, park and recreation facilities or landscaping and ornamental pavement. H All parking, loading, access and service areas
and pedestrian and vehicular transportation corridors shall be adequately illuminated at night. Such lighting, including sign lighting, shall be arranged so as to protect the highway
and adjoining property from direct glare of hazardous interference of any kind. All utility lines servicing the proposed development shall be placed underground. 1. Any proposed Town
Center Development shall be designated and construction as a unit in which the architectural style, facade characteristics and sign treatments blend harmoniously with each other and
with the adjacent properties of the Town Center. No sign or other structure shall be erected unless it fully complies with the requirements of Article XI of this Ordinance. J. The performance
standards set forth in Article IX shall apply. Height requirements. No structure shall be any higher than sixty (60) feet. __ Off-street parking and loading requirements. A. The total
number of parking spaces to be provided shall be determined by the individual uses proposed and in accordance .-65 -1
~~ 1 41. 42. 43. with Article X, unless otherwise provided for by Section 408. The total number or a portion of the required parking spaces should be located on the premises if appropriate
space is available. B. When space is not available or appropriate, the applicant shall demonstrate that the required off-street parking spaces are available within walking distance of
six hundred (600) feet. The applicant shall produce written documentation of an agreement with the owner of off-premises parking space to demonstrate that sufficient parking spaces have
been leased and assigned to the applicant for the sole purpose of meeting the parking requirements of the applicant's intended use. The applicant may be required to contribute funds
to the Borough for future construction of a public parking lot, the amount to be determined on a cost per required space basis. Adherence to requirements. The requirements expressed
in Sections 36, 37, and 38 of this Article shall be met unless the applicant can demonstrate that the characteristics of the building site ' or structure design make adherence to the
expressed requirements physically infeasible. In such cases, the applicant shall provide an alternative which satisfies the objectives of the requirements set forth in Sections 36, 37,
and 38 of this Article. Compliance with plans. Any proposed development shall be in strict accordance with the goals and objectives of the Comprehensive Plan.1 Furthermore, the applicant
must demonstrate that the proposed development conforms with any more detailed plans and designs for the Town Center which have been adopted or approved by the Borough or submitted by
an agency or organization responsible for Town Center improvement. Time limit on construction permit. Permits issued pursuant to this Article shall expire within one (1) year after date
of issuance thereof, unless the approved, project is completed, or unless the Borough Council shall extend the permit for successive terms not exceeding one year each. In those cases
where the original ,permit is issued and the construction schedule calls for 66
1 l a term of longer than one year, the permit shall be automatically renewed by the Zoning Officer for an additional one year period, subject to such safeguard as the Zoning Officer
may prescribe in the public interest. 4 4. Development plan changes during construction. After the final development plan has been approved and when, in the course of carrying out this
plan, adjustments or rearrangements of buildings, parking areas, entrances, heights or yards are requested by the developer, and such requests conform to the standards established by
the approved final development plan for the area to be covered by buildings, parking space, entrances, height, functions, setbacks and lot area requirements, such adjustments may be
approved by the Borough Council upon application and without fee and after receiving recommendations of the Planning Commission. 67
ARTICLE Vlll Planned Residential Development Regulations 45. Purpose. The purposes of planned residential A. To encourage innovations in the demand for housing may maximum choice in
the type, and by the conservation and development provisions are: residential development so that be met by greater variety and design, and layout of dwellings efficient use of recreation
open space ancilliary to said dwellings. 6. To encourage a more efficient use of the remaining undeveloped land in the Borough and to reflect changes in the technology of land development
so that the economies achieved may benefit those who need homes. C. To encourage more flexible land development which will respect and conserve natural resources such as streams, flood
plains, wetlands, wooded areas, unusual beauty, and significant D. To provide a greater variety of more diverse cross-section of live within the Borough and broader range of dwelling
types 1 I steeply sloped areas, areas of natural habitats. housing types, thus allowing a inhabitants the opportunity to giving existing inhabitants a from which they can choose to satisfy
their-changing life styles and requirements. 46. Eligibility requirements. An application for tentative approval shall not be eligible for tentative approval unless the following initial
requirements are met: A. The proposed planned residential development shall consist of one (1) or more contiguous parcels of land under ownership purchase agreement, option to purchase,
leasehold agreement, or other similar legal agreement by a single legal entity to own and/or develop the land. 68
B. The proposed planned residential development shall contain the total minimum land area specified in Addendum B, the Schedule of Area, Yard, Height and Building Requirements. C, The
proposed planned residential development shall be connected to public water and sanitary sewer systems. D. No multi-family dwellings shall be constructed until there is such evidence
that adequate fire protection is available to serve such a building. 47. Land use control and land use density requirements. A. s i d a i a l Uses -The PRD shall contain at least two
(2) of the residential uses listed below: 1 ) Single family dwellings, 2) Duplex dwellings 3) Two family dwellings 4) Townhouse dwellings 5) Multi-family dwellings B. Mix of Hous ina
T v m -The mix of residential uses and housing types shall be determined by the following: No one type of dwelling unit shall exceed seventy (70) percent of the total dwelling units.
The general standards for mix of housing set forth in this section may be modified by the official review agency where it is the opinion of the review agency that the findings of the
site analysis justify a modification. Where proposed housing mixes deviate from the standards in this section, the burden of proof shall be upon the developer to demonstrate the proposals
are in general accord with the Borough Comprehensive Plan and that the characteristics of the PRO site and the surrounding area justify a mix than otherwise is permitted. C. CIJon-ReWal
Us= -Non-residential uses may be permitted to the extent that they are designed and intended to serve the daily and convenient shopping and personal service needs of the Planned Residential
Development residents and are compatible and harmoniously incorporated into the unitary design of the Planned Residential Development. A market 69
feasibility study to show need shall be provided by the applicant. D. nsitv Reuirements -Land use density shall be regulated by the following general standards: 3) 4) Average gross residential
density for the total PRD site shall not exceed ten (10) dwelling units per acre in the PR and R-M Districts and shall not exceed eight (8) dwelling units per acre in the R-L District.
The percentage of the site which is to be covered by the building, roads, I parking areas, and other impermeable cover shall not exceed thirty (30) percent of the total site area. The
percentage of the site to be devoted to common open space shall be no less than twenty-five (25) percent of the total site area. Common open space includes recreation areas, pedestrian
use areas, steep slopes, flood plains, and easements free of paving and structures but not including parking areas, streets, and yard areas of not less than twenty-five (25) feet around
all buildings. The percentage of the site to be devoted to nonresiddentia uses shall not exceed five (5) percent of the total site area. 48. Site analysis and site design standards.
A. Site Analysis. 1) ral Features Analvsis -A thorough analysis of the natural features of the site is required to include the following categories: a) Hydrology: Analysis of natural
drainage patterns and water resources including streams, natural drainage, swales, ponds or lakes, wetlands, flood plain areas, permanent high water table areas, and seasonal high water
table areas. 70
_ I I I b) Geology: Analysis of characteristics of rock formations underlying the site' including defining aquifers, shallow 'bedrock areas, and areas in which I I I rock formations
are unstable. c) Soils: Analysis of types of soils present in the site areas including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils
most susceptible to erosion, and soils suitable for development. d) Topography: Analysis of site terrain including mapping of elevation and delineation of slope areas over twenty (20)
percent, between ten (10) and twenty (20) percent and under ten (IO) percent. e) Vegetation: Analysis of tree and plant cover, emphasizing location of woodland areas. Dominant tree and
plant species and their characteristics should be identified. 2) munttv I m w t An--In order to determine the impact of the Planned Residential Development upon the Borough, an analysis
of the potential effects of the PRO upon public facilities, utilities, and road systems is required. A comparison of the costs to the Borough versus the revenues to the municipality
shall be included in the analysis. Market analysis data estimating potential market demand for various types of housing in the PRD shall also be presented. B. Site design requirements.
a) The natural features of the site shall be a major factor in determining the siting of dwelling units. b) Dwelling unit structures shall be located and
sited so as to promote pedestrian and visual access to common open space. 71
c) Dwelling units shall be located and arranged so as to promote privacy for residents within the PRD and maintain privacy for residents adjacent to the PRD. d) No structure shall be
located within twenty (20) feet of the street rights-of-way. 2) Commercial uses a) All commercial uses shall be located with direct access to either a collector or arterial street. b)
Signs for commercial uses are permitted subject to the following restrictions: c) A single sign for a commercial center. Such signs shall be limited to a height of six (6) feet with
a total area of thirty (30) square feet. d) Signs for individual uses shall be permitted on the structure (except roof signs). Signs shall be limited to the store name and shall be no
more than thirty (30) square feet. 4 e) Signs may be illuminated by shielded flood lights providing such lighting is designed and located so as to direct light away from adjacent residences.
a) The location, shape, size, and character of the common open space shall be provided in a manner manner consistent with the objectives set forth for PRD in this Ordinance. b) Whenever
possible, common open space shall be designed as a contiguous area interspaced with residential areas to provide pedestrian and visual access. c) Significant natural features such as
woodland areas, large trees, natural watercourses and bodies 72
of water, rock outcropings and scenic view shall be incorporated into common open space areas whenever possible. d) Development of the PRD must be planned so as to coordinate the establishment
of common open space areas and the construction of dwelling units. 4) Streets a) The street system of the PRO shall be designed so as to relate harmoniously with land uses within and
adjacent to .the PRD through the establishment of a hierarchy of rtoadway functions which includes collector and local streets, to create a separation of automobile and pedestrian traffic
through the coordinated design of streets, dwelling units, common open space areas, and pedestrian walkways, to create efficient and safe connections with the existing road system of
the Borough, and to minimize through traffic in residential areas. b) The street right-of-way and cartway widths and curbs and sidewalks shall be as specified by the Borough Engineer.
' c) The design and construction of streets must conform to the standards set forth in the Borough Subdivision Ordinance relative to paving specifications, cartway design, horizontal
and vertical alignment and sight distances. a) I Parking requirements shall be in accordance with b) Parking areas shall be arranged so as to prevent through traffic to other parking
areas and shall be , of a size which prevents large, expansive parking 1 lots. Article X. /I c) Parking areas shall be landscaped. 73
d) The construction of off-street parking areas must be in conformance with construction standards set forth in the Borough Subdivision Regulations. a) All private collector streets,
off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted and all costs shall be the responsibility of the developer. Soil Erosion Contrdl and Sto rm
Drainaae a) Soil erosion control and storm drainage shall be specified and approved by the Borough Engineer. Tree Conservation and b n d s c a Existing trees shall be preserved wherever
possible. The protection of trees six (6) inches or more in diameter (measured at a height four and one-half (4 112) feet above the original grade) shall be a factor in determining the
location of open space, structures, underg rou nd utili ties, walks, and paved areas. Where extensive natural tree cover and vegetation does not exist and cannot be preserved, landscaping
shall be regarded as an essential feature of the PRD. In these cases, extensive landscaping shall be undertaken to enhance appearance, aid in erosion control, provide protection from
wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units. Street trees shall be provided along all arterial and collector streets. , 49. Other site design
provisions. A. Telephone, electric, and cable TV utilities shall be installed underground. 74
6. Refuse stations to serve residential, recreational, and commercial areas shall be designed with suitable screening, and located so as to be convenient for trash removal and not offensive
to nearby residential areas. C. With the exception of standards explicitly set forth in this PRD section of the Zoning Ordinance, site improvements shall conform to standards set forth
in the Borough Subdivision Ordinance. 5 0. Ownership, maintenance and preservation of common open space. A. The developer shall make provisions which insure that the common open space
land shall continue and be properly maintained. The developer shall provide for and establish an organization for the ownership, maintenance, and preservation of open space which shall
conform to the following standards and procedures: The organization shall be established by the developer before the sale or rental of dwelling units. I The form, financial capability,
rules of membership, and methods of cost assessment of the organization shall be devised so as to insure the successful fulfillment of the maintenance, preservation, and improvement
responsibilities of the organization. I I ~ i The organization responsible for maintenance, preservation, and improvement of common open space areas shall be the sole owner of the common
open space lands. I I In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after establishment of the
Planned Residential Development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice
upon such organization, or upon the residents and owners of the Planned Residential 75 , I ,
51. Deve 5) Development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand
that such deficiencies of maintenance ., be corrected within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14)
days of the notice. At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may be given an extension of time within which they shall be corrected.
If the deficiencies set forth in the original notice or in the modifications thereof are not corrected within the specified period, the Borough may take appropriate legal action. If
the Boroug-h determines that the organization is not able to maintain the common open space in a reasonable condition, the Borough may at its discretion, maintain said common open space
and shall assess the property owners for maintenance costs. If assessed amounts are not paid within sixty (60) days, an action in assumpsit may be taken by the Borough. Public Dedication
of Common Open Space: an offer of dedication of common open space made by the developer in the development plan, before the establishment of any organization responsible for open space
areas, and accepted by th'e Borough shall constitute a fulfillment of responsibility for providing and maintaining common open space areas. opment staging. A. A Planned Residential Development
may be developed in stages if the following standards are met: B. The location and approximate time of construction of each stage are clearly marked on the development plan. 76
C. The stages are completed consistent with the developed plan and are of such size and location that they constitute economically sound units of development. 52. Procedural requirements.
Prior to the preparation and submission of an Application for Tentative Approval, a pre-application consultation meeting shall be held with the Borough Planning Commission. The purpose
of this informal meeting is to discuss the general intent of the landowner, to consider relationships to the Borough Comprehensive Plan, and to outline the approval process and the specific
requirements for plan preparation and submission. No statement or representation of the Borough Planning Commission shall be binding on the Borough. It is required that a sketch plan
be submitted showing at least the following information: Tract boundaries and north point. __ Streets on and adjacent to the tract. Significant natural features. Proposed general street
layout, general land use pattern and general lot and building arrangement. Approximate acreage. .-The Borough Planning Commission and the Borough Engineer shall specify the required
documentation for submission for tentative plan application at this time. 6. lication for Tentative Approvd .. 1 1) The application for tentative approval shall be executed by or on
behalf of the landowner and filed with the official review agency. An initial deposit in the amount of one hundred dollars ($100.00) shall be paid upon filing of the application to be
applied against the expenses of I I 77 1 . .. .
processing the applicant and additional deposits made from time to time as requested by the official review agency, not to exceed actual expenses incurred by the Borough. The application
for tentative approval shall include documentation illustrating compliance with all of the standards for PRD set forth in Sections 46 through 49 and shall constitute the development
plan for the Planned Residential Development. a Required documentation shall be as requ Planning Commission and Borough Engineer Application Consultation. C. D. red by the at the Pre-One
(1) copy of every application for tentative approval received by the official review agency shall be promptly forwarded to the County Planning Commission for study and recommendation
as required by law. The County Planning Commission shall review and report upon the application to the official review agency within thirty (30) days of such referral. One (1) copy of
the report of the County shall be furnished to the landowner not less than five (5) days before the the appointed time of the public hearing. Borough and County reviews and public hearings
for tentative plan approval and final plan approval shall be conducted in accordance with the applicable provisions of the Pennsylvania Municipalities Planning Code. &dicat ion for Final
Approva An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application
shall be made to the official review agency and within the time or times specified by the official written communication for final approval is in compliance with the tentative approval.
If the application for final approval is in compliance with the 7a
I 9 i tentatively approved development plan, a public hearing need I not be held. The official review agency and Borough Engineer shall specify the documentation and final plan submission
requirements. Guarantee for improvements shall be submitted in accordance with the Borough Subdivision Ordinance. F. Procedures After Application for Final Approvd 1) In the event the
application for final approval has been filed, together with all drawings, specifications, and other documents in support thereof, as required by this section and the official written
communication of tentative approval, the Borough Council shall, within thirty (30) days of such filing, grant such development plan final approval. In the event the development plan
as submitted contains variations from the development plan given tentative approval, the Borough Council may refuse to grant final approval and shall within thirty (30) days from the
filing of the application for final approval so advise the landowner in writing of said refusal, setting for the in said notice the reasons why one (I) or more of said variations are
not in the public interest. In the event of such refusal, the landower may either: a) Refile his application for final approval without the variations objected. b) File a written request
with the official review agency that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action, he may do so at any
time within which he shall be entitled to apply for final approval, or within thirty (30) additional days if the time for applying for final approval shall have already passed at the
time when the landowner was advised that the -_ 79 I --I
development plan was not in substantial compliance.. In the event the landowner shall fail to take either of the above alternate actions within said time, he shall be deemed to have
abandoned the development plan. Any such public hearing shall be held pursuant to public notice within thirty (30) days after request for the hearing is made by the landowner, and the
hearing shall be conducted in the manner prescribed for public hearings on applications for tentative approval. Within thirty (30) days after the conclusion of the hearing, the Borough
Council shall, by official written communication, either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development
plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this section. --. 80
ARTICLE IX Supplemental Regulations ' 53. Purpose. This section contains general regulations which apply to several or all districts and which do not require special action by the Borough
Planning Commission (except for subdivisions), or special exceptions or variances by the Zoning Hearing Board, or conditional uses by the Borough Council. 5 4. Overall requirements.
I I \ A. B. C. Every principal building shall be built upon a lot with frontage upon a street improved to meet Borough standards or for which such improvement-have been insured by the
posting of a performance guarantee pursuant. to the Subdivision Regulations of the Borough or shall have access to a private street approved by the Fire Department, the Borough Engineer
and the Planning Commission. The yard or other open space provided about any buildings for the purpose of complying with the provisions of this Ordinance shall not be considered as providing
a yard or open space for any other building, and neither shall a yard or other open space or another lot be considered as providing a yard or open space for a building on any other lot,
except in the case of Planned Residential Developments and Planned Town Center Developments. The number of principal structures on a Lot -In any District not more than one structure
housing a permitted principal use may be erected on a single lot unless yard and other requirements of this Ordinance are met for each structure as though it were on an individual lot,
except as provided in the Town Center and PRD Districts, and except in the case of condominium, townhouse or multi-family development where Addendum B, Schedule of Area, Yard, Height
and Building Requirements shall prevail. . _.. 81
i J I 55. General lot and yard requirements. A. 8. C. D. E E G Where a street or highway shown on the Street and Highway Plan has a proposed right-of-way greater than that existing,
the front yard requirement shall be measured in accordance with the proposed right-of-way. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates
otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern,
the Zoning Officer may waive the requirements for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on
adjacent lots. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and
a second front yard of half the depth required generally for front yards in the zone shall be provided on the other frontage. In the cast of reversed frontage lots, a front yard of the
required depth shall be provided on the lower order street. In the case of corner lots with more than two frontages, the Zoning Officer shall determine the front yard requirements, subject
to the following limitations: (1) at least one front yard shall be provided having the full depth required generally in the zone; (2) no other front yard on such lot shall have less
than half the full depth required generally. Ground story bay windows and porches not over half the length of the front wall may project a ,distance of five (5) feet into any front yard.
Chimneys, flues, columns, sills, ornamental features, cornices, and gutters may project not more than four (4) feet into any front yard. Bays, balconies, chimneys, and flues may project
into a required side yard not more than one third of its width, or not more than four (4) feet, whichever is less. Ground story bays and porches not over half the length of the side
wall may may project into any side yard for a distance of four (4) feet. z 82
H I. J. Parking structures shall be subject to required setbacks of the i zone wherein the facility is located. Off-street parking lots may be permitted in required yard areas providing
there is no encroachment into required sight triangles, providing that no more than fifty (50) percent of the affected required yard area is utilized, and providing that it is not possible
or desirable to place the required off-street parking elsewhere on the lot. I Nothing herein contained shall prevent the projection of an emergency exit (open fireproof fire escape)
into a required rear or side yard for a distance not to exceed eight (8) feet, but in no case to project beyond the property line. \ 5 6. Accessory buildings, fences, walls and hedges.
I A. cessorv Bui Idi nas No accessory building shall be erected in any required front, rear or side yard except in the case of a garage with access onto an alley which shall not be erected
within a setback of less than twelve (12) feet from the edge of the abutting public alley. No accessory buildings shall be erected within five feet of any principal building. 8. v at
I n b r s e w On a corner lot in any zone, except the Town Center District, nothing shall be erected (including fences, walls, and hedges), materially to impede vision between a height
of two and a half and ten feet above the center line grades of the intersecting streets, as measured by a right angle from the point under consideration, in the area bounded by the street
lines of such corner lots and a line joining points along said street lines twenty-five feet from the point of the intersection, except in the case of an alley where the distance shall
be fifteen feet. placed, planted, or allowed to grow in such a manner as -83
57. Fences, Walls and Hedges A. Authorized fences, walls and hedges shall be erected only in side yards, rear yards or other portions of a lot behind the front building setback line,
except for an ornamental fence, wall or hedge which may be placed behind the sidewalk provided it does not exceed three feet in height and meets the requirements of visibility at intersections
set forth in 56 A. above. 6. In all districts, fences, walls and hedges up to eight (8) feet in height from grade level may be erected as noted above. In addition, the following requirements
shall apply: Fence enclosures for private residential swimming pools shall be a minimum of four (4) feet in height and a maximum of eight (8) feet in height. In addition, at least one
( I ) side of a required fence enclosing a private residential swimming pool shall be an open-type fence, preferably facing the dwelling unit. Fences provided for security purposes for
schools, playgrounds and parks in any district and for all uses in the Industrial District shall have no openings, holes or gaps larger than four (4) inches in any dimension, except
for doors and gates and except for picket fences, where only the horizontal distance between pickets shall not exceed four (4) inches. Security fences shall be no more than eight (8)
feet in height, except that a barbed wire addition, not exceeding one (1) foot, shall be permitted to the top of the fence. Conventional fences including barbed wire and electrified
fences required for farm use, agricultural use and related facilities on properties in excess of five (5) acres shall be exempt from the fence regulation of this chapter, except for
the height regulation. Required fences for tennis courts, baseball or softball field backstops and similar fences for similar recreational facilities shall be exempt from the regulations
of this chapter, provided that such recreational fences are not located within fifty (50) feet 84
7) 8 ) 58. Maximum of any residential property within the RL or RM Zoning Walls and hedges where used as enclosures shall be no more than twenty (20) percent open, a minimum of four
($) feet in height and a maximum of eight (8) feet in height. Fences, walls and hedges may be erected for privacy, screening, separation, security, or to serve other necessary function.
I Districts. I I I a) Design and materials shall be functional, they shall complement the character of the property and they shall be suited to the nature of the project purpose. b)
No fence, wall or hedge shall be so constructed or installed so as to constitute a hazard to traffic or safety. Any appeals from a decision or other action of the Zoning Officer with
respect to fences, walls and hedges as covered in this section of this chapter or other provisions of this chapter may be made to the Zoning Hearing Board under the provisions for variances
as covered in this Ordinance. Barbed wire below the height of six (6) feet and above ground electrified fences in residential districts are prohibited. height of buildings. No building
or structure shall exceed the maximum height of buildings specified in Addendum €3, the Schedule of Regulations, except as provided in the normal variance procedures of this Ordinance.
Height shall be measured as the vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building
or structure, excluding a chimney or other similar structure. -..-85
I The height restrictions in Addendum 8, the Schedule of Lot, Yard, and Building Regulations do not apply to spires, cupolas, chimneys, antennas, water tanks, elevator housing, ventilators,
or other structures placed above roof level, not intended for human occupancy and necessary for the operation of the permitted use. 5 9. General performance standards. All uses and activities
established after the effective date of this Ordinance, unless otherwise indicated shall comply with the following standards: The sound level of any operation (other than outdoor athletic
facilities and the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time
signals} shall not exceedl decibel levels as exemplified by the latest most restrictive governmental standards or latest standards of the industry. 8. es. Odors. Mists. VaDors. and Pollea
The emission of smoke, dust, fumes, gases, odors, mists, vapors, pollens, and similar matter, or any combination thereof, which can cause any damage to human or animal health, or vegetation,
or to property, or which can cause any soiling or staining of persons or property at the point beyond the lot line of the use creating the emission, is prohibited. Standards concerning
such emissions shall be in accord with the rules and regul-ations of the State of Pennsylvania or any applicable Borough Ordinance, whichever is more restrictive. Any operation producing
glare and/or heat shall be performed within an enclosed building or in such a manner as not to be visible or to produce any effect beyond the property line of the lot on which the operation
is located.
I I I 1 8 I D. Vibrations i ~ I I I No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of that vibration
produced as a result of co n s t r uc t io n activity . E IC. D i e d Gas. or Other Power: -_ Every use requiring power shall be so operated that the service lines, substation, or other
facilities shall conform to the highest safety requirements, and shall be so constructed and installed as to be an integral part of the architectural features of the plant and except
for essential poles and wires, shall not extend into any yard and shall be suitably screened from streets or any adjacent property which would be deleteriously affected by such installations.
E -a nd Waste Di spqsaLI The following regulations shall apply to the storage of materials and the disposal of materials: All storage and waste disposal shall conform to the Borough
Fire Prevention Code and other ordinances as they may apply. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural
causes or forces, nor shall any substance which can contaminate a stream or water course or otherwise render such stream or water course undesirable as a source of water supply or recreation,
or which will destroy aquatic life be allowed to enter any stream or water course. .--All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which
may be edible or otherwise attractive to rodents or insects shall be stored eliminate such hazards. outdoords only if enclosed in containers which are adequate to --! 07 ,.
60. 61. 62. 63. 64. Steep slope lot requirements. If the land in any district has an average slope from opposing property lines in excess of 10 per cent, the drainage facilities shall
be approved by the Planning Commission and shall contain provisions for special facilities to be provided in accordance with standards of erosion and sedimentation control of the Franklin
County Soil and Water Conservation District and the Borough's storm water management ordinance. Removal of topsoil. The continuation of adequate topsoil on the land within the Borough
is considered necessary for the general welfare of the Borough. The permanent removal of topsoil from the land within the Borough shall, therefore, be prohibited. This prohibition shall
not be construed to render unlawful the temporary removal of topsoil for the purpose of construction of a building or buildings and the regrading of the land following construction.
Storage of junk vehicles. The exterior storage of automotive vehicles and trucks is prohibited in all residential districts; provided; however, that not more than one (1) immobilized
vehicle may be stored on any residential property at any time, not to exceed three (3) months from the time of receipt of notification by the Zoning Officer. For the purposes of this
section junk vehicle shall mean any motor vehicle not having a valid inspection sticker issued by the Pennsylvania Department of Transportation or any wrecked or broken vehicle or the
major parts of such a vehicle. Outdoor lighting (excluding street lights). Outdoor lighting emanating from any 'source shall be installed in such a way as to be shielded and not reflect
toward adjacent residential properties. z Flag lots. Flag lots, as defined herein, may be permitted within any district, under the following conditions: 88
A. B. C. 0. E F. G The parcel of land being developed is of such a shape, size and configuration that the use of a flag lot(s) is the only method of developing the site. The access to
the parcel of land being developed is such that use of a flag lot represents the only method of developing the site. If direct frontage access to a parcel or a portion of a parcel can
be provided by an existing or new public or private road, a flag lot shall not be proposed as a means of avoiding such road frontage access. If the above conditions warrant the use of
flag lots, not more than two (2) access strips serving such lots may be located adjacent to each other, and any additional access strip to another such lot shall be separated by a full
lot width, as required by the district in which the land is located. Any access strip serving any permitted
flag lot shall not exceed three hundred (300) feet in length, as measured from the public or private road frontage to the main body of the lot. No portion of the access strip may be
counted as a part of the required lot area. Single-family, duplex, two family and townhouse dwellings are the only type of dwelling units which can be located on a flag lot. A driveway
servicing a flag lot shall be a minimum twenty (20) feet in width, extending from the edge of pavement of any public or private road for a distance of not less than twenty (20) feet
from the edge of said pavement into the access strip for the lot, all of which area shall be paved with an allweaathe surface meeting the approval of the Borough Engineer. The remainder
of the driveway serving a flag lot shall be a minimum ten (10) feet in width, and if the access strip exceeds a depth of two hundred (200) feet, a ten-foot-bytweentyfoot turn-off shall
be provided for vehicle passage. 89
65. Buffer strips. A. 6. Applicabilitv All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential
zone shall be screened from such residential zone by landscaped buffer strips. For uses under I and GC Districts other such screening along said side or rear lines may be required by
the Borough Planning Commission and/or the Zoning Hearing Board in accordance with this Section. n era1 Rew la t ions Within required buffer areas, a solid and continuous landscape screen
shall be planted and maintained. Said landscaping shall consist of massed evergreen and/or deciduous trees and shrubs of at least three and one half (3-1/2) feet in height and of such
species as will produce within three (3) growing seasons, a screen at least six (6) feet in height, so as to continually restrict a clear view beyond said buffer strip. The entire buffer
strip shall be at least eight (8) feet in width and shall be graded and planted with grass seed or sod and such other shrubbery or trees as may be desired by the owner. A Zoning Occupancy
Permit for a use on the premises shall not be issued until such time as the landscaping requirements, buffer strips and/or other approved dividers as required by this Ordinance are installed.
In required buffer areas where a natural buffer strip is considered to be impracticable or inappropriate, an opaque fence may be substituted in whole or in part for a natural buffer
provided its specifications are approved by the Zoning Officer. In circumstances where it is impractical for a screen to meet all the requirements of this Section or would create an
undue hardship the Planning Commission and/or Zoning Hearing Board may modify the requirements or 90
approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the scleen requirements. 6 6. Modular and sectional dwellings. The electrical, plumbing, heating,
structural, and other components of a dwelling shall comply with the Federal Housing Administration, state, and local codes. When these are conflicting standards, the most restrictive
standards shall apply. I I I I 6 7. Home occupation, home professional office. I Non-family members shall not exceed two (2) persons. The maximum floor area devoted to any home occupation
whether situated in the dwelling or accessory building shall not exceed twenty-five (25) percent of the total habitable room area of the dwelling and any accessory building. A sign indicating
products made or services rendered shall not exceed three (3) square feet. Only one sign is permitted. Adequate space for off-street parking and loading shall be provided. There shall
be no change in the existing outside appearance of the building or premises or other visible evidence of the conduct of such home occupation or home professional office other than a
sign. No machinery or equipment shall be permitted that produces noise, light vibration or odor, beyond the boundary of the subject property. The following limits apply: Noise -Shall
not exceed 65 decibels on the dbA scale. Light -8 Shall not exceed the equivalent of that given by 0.20 lumens. Vibrations -No use shall cause earth vibrations or concussion detectable
beyond the boundary of the property without the aid of instruments, with the exception of vibrations produced as a result of construction activity, and then only within safe limits to
avoid neighboring property damage. 91
Odor -No use other than agricultural shall emit odors discernible without the aid of instruments beyond the boundary of the property. 68. Regulations for construction in a floodplain
area. A. Intent To regulate development in areas of the Borough in which alluvial soils lying adjacent to streams are known to possess characteristics indicative of flooding and/or chronic
wetness which, if indiscriminately developed, could pose hazards to the public health, safety, and welfare due to flooding and pollution and to regulate development in areas of known
flooding in the co mm uni ty . To reduce the financial burden imposed on the community, its governmental units, and its individuals by frequent and periodic floods and overflows on lands.
To permit certain uses which can be appropriately located in such areas and which will not impede the flow of flood waters, or otherwise cause danger of life and property at, above or
below their locations along the flooding. To provide sufficient drainage courses to carry abnormal flows of storm water in periods of heavy precipitation. To permit and encourage the
retention'of open land uses which will be so located and designed as to constitute an appropriate part of the Borough as provided for in the Comprehensive Plan. To regulate development
in flood hazard areas in accordance with federal and state floodplain management requirements. 8. EbQdAwa Flood areas shall be designated as follows: 92
I 1) , For the purposes of this Ordinance, the areas considered ' to be floodplain within the Borough shall be those areas identified as being subject to the onehundred (100) year flood
in the Flood Insurance Study prepared for the b Borough by the Federal Emergency Management Agency dated November 1, 1985. The map showing all areas considered to be subject to the Borough
office. For the purposes of this Ordinance, the following nomenclature is used in referring to the various kinds of floodplain areas: 1 the one-hundred year flood is available for inspection
at 1 I I FW (Floodway Area ) -the areas identified as "Floodway" in the Flood Insurance Study prepared by the FEMA. FF (Flood-Fringe Area) -the areas identified as "Floodway Fringe"
in the Flood Insurance Study prepared by the FEMA. FA (General Floodplain Area) -the areas identified as _-"Approximate 100 year Floodplain" in the Flood Insurance Study prepared by
the FEMA. a) The FW (Floodway Area) is delineated for purposes of this Ordinance using the criteria that a certain area within the floodplain must be capable of carrying the waters of
the one-hundred (100) year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this area are contained in the
above-referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map. specifically defined in the Floodway Data Table -b) The FF (Flood-Fringe Area) shall
be that area of the 100 year Floodplain not included in the Floodway. The basis for the outermost boundary of this District shall be the one-hundred (100) year flood elevations contained
in the flood profiles of the above-referenced Flood Insurance Study and as 93
shown on the accompanying Flood Boundary and Floodway 'Map. c) The FA (General Floodplain Area) shall be that floodplain area for which no detailed flood profiles or elevations have
been provided. They are shown on the maps accompanying the FIS prepared by FEMA. Where the specific 100 year elevations cannot be determined for this area using other sources of data
such as the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey-Flood-prone Quadrangles, etc., then the applicant for the proposed use, development and/or
activity shall determine this elevation in accordance with hydrologic and h yd ra u I ic e ng in e e r i ng tech n iq u es . Hydrologic and hydraulic analyses shall be undertaken only
by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough. 2. Chanaes in Floodp lain Area Delineations The areas considered
to be floodplain may be revised or modified by the Council where studies or information provided by a qualified agency or person documents the need or possibility for such revision.
No modification or revision of any floodplain area identified in the Flood Insurance Study shall be made without prior approval from the Federal Emergency Management . . Agency. C. Approval
Procedu res The following approval procedure shall be followed for uses which lie within the 100 year floodplain. 94
I 1 I , I 1) Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following: a. the proposed lowest floor elevation of any proposed
building based upon National Geodetic Vertical Datum of 1929; b. the elevation of the one-hundred (100) year flood; e. if available, information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a one-hundred (1 00) year flood; and. d. detailed information concerning any proposed f lood-proof i ng measures. 2. To determine
the exact extent and nature of areas susceptible to potential problems of flooding, wetness, or pollution in such areas, the Zoning Officer shall require that a detailed on-site survey
be made. Such onsiit survey shall be made by a qualified engineer or soil scientist in accordance with accepted survey techniques. 3. Prior to the issuance of any zoning permit, the
permit officer shall review the application for the permit to determine if all other necessary governmental permits required by State and Federal laws have been obtained, such as those
required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Dam Safety and Encroachments Act (Act 1978-325, as amended); the US. Clean Water Act, Section 404,
33, U.S.S. 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended). No permit shall be issued until this determination has been made. No encroachment, alteration, or
improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough, and until all required
permits or approvals have been first obtained from the 95 -.. j
Department of Environmental Resources, Bureau of Dams and Waterway Management. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community Affairs,
Bureau of Community Planning, shall be notified by the Borough prior to any alteration or relocation of any watercourse. 4) If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for Building Permits shall provide all the necessary information in sufficient detail and clarity to enable the Building
Permit Officer to determine that: A. B. C. D. all such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable
codes and ordinances; and all utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and adequate
drainage is provided so as to reduce exposure to flood hazards; and in addition, the applicant shall furnish the Building Permit Officer with a document, certified by a registered professional
engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one-hundred (1 00) year flood elevations, pressures, velocities,
impact and uplift forces associated with the one-hundred (1 00) year flood. Such statement shall include a description of the type and extent of flood-proofing measures which have been
incorporated into the design of the structure and/or the development. 96
I , D, General Technical Requirements On any site or portion of a site which is found, based upon detailed investigation pursuant to the provisions of the approval procedure as indicated
above, to contain potential hazards due to flooding chronic wetness, or pollution, the use regulations of the District in which the site is located shall apply except that, the following
uses shall be prohibited: All permanent residential dwellings and permanent commercial, institutional or industrial structures and their accessory structures. The filling of marshlands,
removal of topsoil or damming or relocation of any watercourse except with the approval of the Commonwealth of Pennsylvania, Department of Environmental Resources. I Sanitary landfill,
dump, junkyard, outdoor storage of vehicles and/or materials, including manure. a) Within any FW (Floodway Area), the following p rov i s io n s apply’: 1. Any new construction, development,
use, activity, or encroachment that would cause any increase in flood heights shall be be pro hi bi ted. 2. No new construction or development shall be allowed, unless a permit is obtained
from the Department of Environmental Resources, Bureau of Dams and Waterway Management. b) Within any FA (General Floodplain Area), the following provisions apply: 1. No new construction
or development shall be located within the area measured fifty (50) feet landward from the top-of-bank of any watercourse, unless a permit is obtained 97
I 1 I .. . . ... . . I from the Department of Environmental Resources, Bureau of Dams and Waterway Management. 2. Any new construction or development, which would cause any increase
in flood heights shall be prohibited within any floodway area. ration and Floodp roofina Requirements Residential Structures Within any FW, FF, or FA, the lowest flood (including basement)
of any new or substantially improved residential structure shall be at least one and one-half (1 42) 'feet above the one-hundred (1 00) year flood elevation. Fully enclosed spaces below
the lowest floor shall be prohibited. Non-Residential Structures 1. Within any FW, FF, or FA, the lowest floor (including basement) of any new or substantially improved non-residential
structure shall be at least, one and one-half (1-112) feet above the one-hundred (100) ' year flood elevation, or be designed and constructed so that the space enclosed by such structure
shall remain either completely or essentially dry during any flood up to that height. Fully enclosed spaces below the lowest floor shall be prohibited. 2. Any structure, or part thereof,
which will not be completely or adequately elevated, shall be designed and constructed to be floodproofed in a completely or essentially dry manner in accordance with the standards contained
in the publication entitled Flood-Proofing Regulations (U.S Army Corps of Engineers June, 1972), or some other equivalent standard, for that type of construction. All plans and specifications
for 98
such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction
are in conformance with the above referenced standards. imum Standards The following minimum standards shall apply for construction and development within any identif floodplain area:
If fill is used, it shall: all ed extend laterally at least fifteen (15) feet beyond the building line from all points; consist of soil or small rock materials only -sanitary landfills
shall not be permitted; be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling; I be no steeper than one (1) vertical to two (2) horizontal,
unless substantiated data, justifying I ~ Building Permit Officer; and, be used to the extent to which it does not adversely steeper slopes are submited to, and approved by the affect
adjacent pro pert ies. -. . . ae Facilities: a) Adequate drainage' shall be provided to reduce flood hazard exposure in subdivisions and new developments, including mobile home parks
and sites. b) Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall insure proper 99 ---. I
I J 1 1 ' . .. , ._, -.... drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto
adjacent properties. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels of any watercourse, drainage ditch, or any other
drainage facility ur system. No encroachment, alteration, or improvements of any kind shall be made to any watercourse until all adjacent municipalities which may be be affected by such
action have been notified by the Borough and until all required permits or approvals have been first obtained from the Department of Environmental Resources, Bureau of Dams and Waterway
Management. In addition, the Federal Insurance . Administrator and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified by the Borough prior
to any alteration or relocation of any watercourse. ater and Sa nitary Se wer Facilities a nd Svstems All new or replacement water and sanitary sewer facilities and systems shall be
located, designed and constructed to minimize or eliminate flood damage and the infiltration of flood waters. Sanitary sewer facilities and systems shall be designed to prevent the discharge
of untreated sewage into flood waters. No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all State and local
regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood. ' 100
7) 9) Qther Utilities All public and private-utilities and facilities shall be flood-proofed and all other utilities such as gas lines, electrical and telephone systems shall be located,
elevated (where possible) and constructed to minimize the chance of impairment during a flood. The finished elevation of all new streets shall be no more than one (1) foot below the
Regulatory Flood Elevation. Storaae , All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed
under DEVELOPMENT WHICH MAY ENDANGER HUMAN LIFE, shall be stored at or above the Regulatory Flood Elevation andlor floodproofed to the maximum extent possible. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood
water. 10) Anchor i ng All buildings and structures shall be firmly anchored in accordance with with accepted engineering practices to prevent flotation, collapse, or lateral movement.
All air ducts, large pipes, storage tanks, and other similar objects or components located below the Regulartory Flood Elevation shall be securely anchored or affixed to prevent flotation.
101 ' 1
11) Floors. Walls and Ce ilinas Wood flooring used at or below the Regulatory Flood Elevation shall be installed to accommodate a laterial expansion of the flooring, perpendicular to
the flooring grain without causing structural damage to the building. Plywood used at or below the Regulatory Flood Elevation' shall be of a "marine" or "waterrre i s t a n t" ' v a
r i et y. I Walls and ceilings at or below the Regulatory Flood Elevation' shall be designed and constructed of materials that are water-resistent and will withstand innundation. Windows,
doors, and other components at or below the Regulatory Flood Elevation shall be made of metal or other water-resistant material. a) Paints-or over finishes used at or below the Regulatory
Flood Elevation shall be of "marine" or water-resistant quality. b) Adhesives used at or below the Regulatory Flood Elevation shall be of a "marine" or water-resistant variety. c) All
wooden components, (doors, trim cabinets, etc.) shall be finished with a "marine" or waterresiistan paint or other finishing material. a) Electrical distribution panels shall be at least
three (3) feet above the one-hundred year flood elevation. b) Separate electrical circuits shall serve lower levels and shall be dropped from above. I02
---, I Water heaters, furnaces, air conditioning and ventilating units and other electrical, mechanical or utility equipment or apparatus shall not be located below the Regulatory Flood
Elevation. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions
shall be made for the drainage of these systems in the event that flood water infiltration occurs. Mobile homes shall be strictly prohibited from becoming established in the identified
floodplain areas of the Borough of Waynesboro. Structures existing in any identified floodplain area prior to the enactment of this Ordinance may continue to remain provided that: ,
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value, shall constitute
a substantial improvement and shall be undertaken only in full compliance with the provisions of this Ordinance. Any modification, alteration, reconstruction, or improvement of any kind
to an existing structure, to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or floodproofed to the greatest extent possible. 103
c) No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred (100) year flood.
18) Development Which May Endanger Human Life a) In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community Affairs as
required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances; or, which
will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following
dangerous materials or substances on the premises; or, will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this
section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life: 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. 12.
13. 14. 15. 16. Ace to ne Ammonia Benzene Calcium Carbide Carbon disulfide Celluloid Chlorine Hydrochloric acid Hydrocyanic acid Magnesium Nitric acid and oxides of nitrogen Petroleum
products (gasoline, fuel oil, etc.) Phosphorus Po tassi u m Sodium Sulphur and sulphur products
17. Pesticides (including insecticides, fungicides, and rodenticides) 18. Radioactive substances, insofar as such substances are not otherwise regulated. b) Within any FW (Floodway Area),
any structure of the kind described in Subsection A,, above, shall be c) Within any FA (General Floodplain Area), any structure of the kind described in Subsection A., above, shall be
prohibited within the area measured fifty (50) feet landward from the top-of-bank of -any watercourse. d) Where permitted within any FF (Flood-Fringe Area) -or FA (General Floodplain
Area), any structure of the kind described in Subsection A,, above, shall be: I -pro hi bi ted. --1. elevated or designed and constructed to remain completely dry up to at least one
and one-half (142) feet above the one hundred (100) year flood, and 2. designed to--prevent pollution from the structure or activity during the course of a one hundred (100) year flood.
Any structure, or part thereof, that will be built below the Regulatory Flood Elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing
con t a i n ed " F I o o d -P roofing Regulations" (US. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard. i n t h e p u b I ic a t i o n e) Except
for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by
Special Permit or to Development Which May Endanger Human Life. : 105
i -. es Reauirina Spec ial Pe rmits . . E I n accordance with the administrative regulations promulgated by the Department of Community Affairs to implement the Pennsylvania Flood Plain
Management Act, (1 978-1 66), the following obstructions and activities are prohibited if located entirely or partially within an identified floodplain area unless a Special Permit is
issued: a) Hospitals (public or private) b) Nursing homes (public or private) c) Jails or prisons d) New mobile home parks and mobile home subdivisions, and substantial improvements
to existing mobile home parks. Applicants for Special Permits shall provide five copies of the following items: A written request including a completed Building Permit Application Form.
A small scale map ,showing the vicinity in which the proposed site is located. A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred
(100) feet or less, showing the following: 1. north arrow, scale and date; 2. topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours
at intervals of two (2) feet; 3. all property and lot lines including dimensions, and the size of the site expressed in acres or square feet; 106
. I i pa 4. 5. 6. 7. a. the location' of any existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
the location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural
and man-made features affecting, or affected by, the proposed activity or development; . _ . the location of the floodplain boundary line, information and spot elevations concerning
the one hundred (100) year flood elevations, and information concerning the flow of water including direction and velocities; the location of all proposed buildings, structures, utilities,
and any other improvements; and any other information which the municipality considers necessary for adequate review of the application. d) Plans of all proposed buildings, structures
and other improvements, clearly and legibly drawn at suitable scale showing the following: 1. sufficiently detailed architectural or engineering drawings including floor plans, sections,
and exterior building elevations, as appropriate; 2. for any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
3. complete information concerning flood depths, pressures, velocities, impact and 107
4. 5. 6. 7. uplift forces, and other factors associated with the one hundred (100) year flood; detailed information concerning any proposed flood-proofing measures; cross-section drawings
for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths; profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.
e) The following data and documentation: 1. certification from the applicant that the site upon' which the activity or development is proposed is an existing 'separate and single parcel,
owned by the applicant or the client he represents; 2. certification from
a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the one hundred (100)
year flood; 3. a statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description
of the nature and extent of pollution that might possible occur from the development during the course of a one hundred (100) year flood, including a statement concerning the 108
4. a statement certified by a registered professional engineers, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development
will have on one hundred (100) year flood elevations and flows; 5. a statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete
and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one hundred (100) year flood elevation
and the effects such materials and debris may have on one hundred (100) year flqod elevations and flows; '> 6. the appropriate component of the Department of Environmental Resources'
"Planning Module for Land Development"; 7. where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and
maintain erosion and sedimentation control; 8. any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Resources
under Section 302 of Act 1978-166; and 9. an evacuation plan which fully explains the manner in which the site will be safely 3 evacuated before or during the course of a one hundred
(100) year flood.
1 a -------I F. &p&ation Review Procgdu res . ._ I I Upon receipt of an application for a Special Permit by the I Borough, the following procedures shall also apply: 5) Within three
(3) working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.
If an application is received that is incomplete, the Borough shall notify the applicant in writing, stating in what respect the application is deficient. If the Borough decides to disapprove
an application, it shall notify the applicant, in writing, of the reasons for the disapproval. If the Borough approves an application, it shall file written notification, together with
the application and all pertinent information, with the Department of Community Affairs, by registered or certified mail, within five (5) working days after the date of approval. before
issuing the Special Permit, the Borough shall allow the Department of Community Affairs thirty (30) days, after receipt of the notification by the Department, to review the application
and decisions made by the Borough. , If the Borough, does not receive any communication from the Department of Community Affairs during the thirty (30) day review period, it may issue
a Special Permit to the applicant. If the Department of Community Affairs should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the
reasons for the -_ -11 0
disapproval, and the Borough shall not issue the Special Permit. .-G al Technwl ReglhiremerlfS I 1) In addition to General Technical Requirements of this Ordinance, the following minimum
requirements shall also apply to any proposed development requiring a Special Permit. If there is any conflict between any of the following requirements and those in the General Technical
Requirements of this Ordinance or in any other code, ordinance, or regulation, the more restrictive provision shall apply. 2) No application for a Special permit shall be approved unless
it can be determined that the structure or activity will be located, constructed and maintained in a manner which will: a) Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that: 1. the structure will survive inundation by water of the one hundred
(100) year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one hundred (1 00) year flood elevation. I 2.
the lowest floor elevation will be at least one and one-half (142) feet above the one hundred (1 00) year flood elevation. 3. the occupants of the structure can remain inside for an
indefinite period of time and be safely evacuated at any time during the one hundred (100) year flood. -b) Prevent any significant possibility of pollution, increased flood levels or
flows, or debris endangering life and property. -I I l l
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly
reflect cu r r e n t I y accepted tech n ical concepts. Studies , analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Borough
and the Department of Community Affairs. H Variances f rom this-Art icle In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
3) 4) 5) No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the one hundred (100) year flood elevation.
Except for a possible modification of the one and onehaal (1 4 2 ) foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically
to development regulated by Special Permit or to Development Which May Endanger Human Life. If granted, a variance shall involve only the least modification necessary to provide relief.
In granting any variance, the Borough shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and
to achieve the objectives of this Ordinance. Whenever a variance is granted, the Borough shall notify the applicant in writing that: a. the granting of the variance may result in increased
premium rates for flood insurance. I 112
b. such variances may increase the risks to life and property. In reviewing any request for a variance, the Borough I shall consider, at a minimum, the following: I a. that there is
good and sufficient cause. b. that failure to grant the variance would result in exceptional hardship to the applicant. that the granting of the variance will (i) neither result in an
unacceptable or prohibited increase in flood heights, additional threats to public safety, c. I or extraordinary public expense, (ii) nor create nuisances, cause fraud on, or victimize
the public, _-or conflict with any other applicable state or local ordinances and regulations. A complete record of all variance requests and related actions shall be maintained by the
Borough. In addition, a report of all variances granted during the year shall be included in, the annual report to the Federal Insurance Administration . ._ Notwithstanding any of the
above, however, all structures of resisting the one hundred (100) year flood. shall be designed and constructed so as to have the capability _ -I . nt to this A m 1) Accessory use or
structure -a subordinate use or structure attached or detached, the purpose of which is incidental to that of a main use of structure on the same lot. 2) Building -any structure having
a roof supported by columns, posts, or walls and intended for the shelter, housing or enclosing of persons, animals or property. 3) Completely Dry Space -a space which will remain totally
dry during flooding; the structure is designed and 113
constructed to prevent the passage of water and water vapor. Construct re novation relocation place men t on -the construction, reconstruction, repair, extension, expansion, alteration,
or of a building or structure, including the of mobile homes. Development -any man-made change to improved or unimproved real estate, including but not limited to buildings or other
structures, the placement of mobile homes, streets, and other paving,: utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
Essentially Dry Space -a space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage
of water. Flood -a temporary inundation of normally dry land areas. Flood-proofing -means any combination of structural and non-structural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway -the designated area of a floodplain
required to carry and discharge flood waters of a given magnitude. For the purpose of this Ordinance, the floodway shall be capable of accommodating a flood of the one hundred (1 00)
year magnitude. Identified floodplain area -the floodplain area specifically identified in this Ordinance as being inundated by the one hundred (100) year flood. Included would be areas
identified as Floodway (FW), Flood Fringe (FF), and General Flood Plain (FA). Minor repair -the replacement of existing work with equivalent materials for the purpose of its routine
114
I L. maintenance and unkeep, but not including the cutting ' away of any wall, partition or portion thereof, the removal or cutting of any structural beam or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements;
nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar
piping, electric wiring or mechanical or other work affecting public health or general safety. Mobile Home 7 means a transportable, single family dwelling intended for permanent occupancy,
office, or place of assembly, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which
arrives at a site complete and ready for occupancy except for minor and incidental unpacking unpacking and assembly operations, and constructed so that it may be used without a permanent
foundation. The term does not include recreational vehicles or travel trailers. Mobile home park -a parcel or continguous parcels of land which has been. so designated and improved that
it contains two or more mobile homes for the placement thereon of mobile homes. Obstruction -any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel,
rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter, in, along, across, or projecting into any channel, watercourse, or floodprone area, which may
impede, retard, or change the direction of the flow of water either in itself-or by catching or collecting debris carried by such water or is placed where the flow of the water might
carry the same downstream to the damage of life and property. One hundred year flood -a flood that, on the average, is likely to occur once every one hundred (100) years (i.e.
that has one (1). percent chance of occuring each year, although the flood may occur in any year). Regulatory flood elevation -the one hundred (100) year flood elevation plus a freeboard
safety factor of one and one-half (1-112) feet. Special permit -a special approval which is required for hospitals, nursing homes, jails, and new mobile home parks and substantial improvements
to such existing parks, when such development is located in all, or a designated portion of a floodplain. Structure -anything constructed or erected with a fixed location on the ground,
or attached something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels. Subdivision
-the division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines
for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The division of land of agricultural purposes into parcels of more than
ten (10) acres, not involving any new street or easement of access. 116
ARTICLE X Off-street Parking and Loading 6 9. General regulations. A. Off-street parking and loading space shall be provided as further specified in this Ordinance and shall be furnished
with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner.
All parking areas, passageways, and driveways shall be surfaced with a dustless, durable, all-weather pavement parking surface, shall be clearly marked for car spaces, and shall be adequately
drained in conformance with Borough standards prior to issuance of an occupancy permit. 8. Ail parking spaces shall have a stall width of no less than ten (10) feet and total area of
180 square feet. C. None of the off-street parking* or off-street loading facilities as required in this Ordinance shall be required for any existing building or use not now conforming
to these requirements, unless said building or use shall be expanded. In this case, the the provisions of this Ordinance shall apply only to that portion of the building or use so expanded.
However, if the expansion is twenty-five (25) percent or more of the existing building size, enough parking for all the building area (past and proposed) must be provided per the requirements
of this Ordinance. I D. Off-street parking for new development shall be owned or leased on a long-term basis consistent with the economic life of the development. All required off-street
parking shall be within two hundred (200) feet of the principal use. E Vehicle parking or loading space maintained in connection with an existing and continuing principal building, structure,
or land use on ,the effective date of this Ordinance or amendment thereto up to the number of required by this Ordinance, shall be continued and may not be counted as serving as a new
building, structure, addition, or land use; nor shall any required parking ' 117
space be substituted for an off-street loading and unloading space, nor any required loading and unloading space substituted for a parking space. ---F. The required parking space for
any number of separate uses may be combined in one (1) lot, but the required space assigned to one (1) use may not be assigned to another use at the same time, except that one half of
the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will be closed at night or on
Sunday. G In the case of mixed or multiple uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance
with the parking schedule hereinunder; parking facilities for one (1) use shall not be considered as providing the required parking facilities for any other use. Where the same space
is used for several purposes, the most stringent requirement shall govern, unless justification is made by the developer to the Planning Commission who may make modifications to the
parking schedule if deemed appropriate and consistent with the intent ' of the Ordinance. H All parking and loading areas and appurtenant passageways and driveways serving non-residential
uses shall be illuminated adequately during the hours of use. Adequate shielding shall be provided to protect adjacent residential zones from the glare of such illumination and from
thgt of automobile headlights. Adequate provisions shall be made for the disposal of storm water from parking areas in conformance with the Borough Building Code, insuring that such
water shall not flow onto adjoining property or adjacent sidewalks in a quantity or manner that would be detrimental thereto, or inconvenient to persons using the sidewalk. 1. J. A structurally
sound wall or bumper guard to insure safety shall be installed around each side of any ,parking area so that no part of any vehicle shall extend over any property line. , I 118
70. Off-street parking schedule for all districts except town center district. -All uses permitted by this Ordinance or hereafter permitted in any I I of the districts herein established,
except Town Center District, -shall provide as a minimum the number of off-street parking spaces specified in the following schedule. Parking spaces for employees seasonal and part-time,
on the largest shift. For uses not specified in the following schedule, the same requirements of the most spaces result in a fractional space, any fraction under one half may be disregarded
and any fraction one half and over shall be construed as one (1) whole space. shall be computed on the basis of maximum employment, including similar use in the schedule shall apply.
Where calculations of I -One (1) off-street Plus one (1) off-street ._ -parking space required parking space required Use Type for each: for each: 1. 2. 3. 4. 5. 6. Single family, duplex
and two-family; attached & apartment dwellings (2 or more bedrooms) Townhouse dwellings dwellings and multi-family dwellings (one bedroom or less) 0.5 dwelling I unit (2 spaces per unit)
0.5 dwelling unit (2 spaces per unit) Mobile home park 0.5 dwelling unit -------_ Conversions 0.5 dwelling unit --------(2 spaces per mobile home) (2 spaces per unit) Home occupations;
home 1) 0.5 dwelling unit 100 sq. ft. of floor space professional offices 2) non-resident employee used for the occupation Elderly Housing 0.5 dwelling unit or office (2 spaces per unit)
PuBLlc OR PRIVATE RFCREATION 1. Private or membership 6 members or 6 persons Full-time employee clubs or lodges of total capacity 119
One (1) off-street parking space required Plus one (1) off-street parking space required Use Type for each: for each: 2, Bowling Alleys 3. Theaters, auditoriums, , libraries, skating
rinks, stadiums 4. Golf Course GOVERNMENTAL, INSTITUTIONAL, 1. Churches or other places of worship 2. Public or private educational institution 3. Licensed convalescent or nursing home
0.25 lanes (4 spaces per lane) I Full-time employee L. 6 seats Two full-time employees 2 people (based on total capacity) Full-time employee 1 faculty member b other full-time employee
years or older 5 beds Eight pupils aged 16 Staff & visiting doctor & every two employees (including nurses) on the largest shift Salesperson 2 classrooms & offices 4. Cemeteries 1 full-time
employee 5. Day care.homes & centers: 1 faculty member nursery schools 6. Hospitals 3 beds 7. Essential public utility RETAIL, COMMERCIAL, BUSINESS, 1 employee Staff b visiting doctor
& every 2 employees (including nurses) on the largest shift PROFF-1. Automobile servicing 1/3 service bay (3 Full-time employee 2. Business services such 250 sq. ft. of floor Full-time
employee and repair spaces per bay) as banks, credit unions used for sewing customers 120
I I I I I One (1) off-street ,Plus one (1) off-street I parking space required parking space required _-Use Type for each: for each: 3. Professional offices such Full-time employee as
real estate, insurance, consul tan ts 500 sq. ft.' of gross floor area, c 4. Retail stores & businesses 250 sq. ft. :of area used for serving customers Two full-time employees 5. Funeral
Homes 4 seats for patron use or 50 sq. ft. of gross floor area Full-time non-resident employee 6. Medical or dental ofifc es, clinics 7. Personal service businesses such as barber shops,
photo shops, appliance repair 8. Restaurants, taverns 9. Drive-in restaurants 0.25 practitioner (4 spaces per practitioner) Full-time employee 100 sq. ft. of floor area used for serving
customers Two full-time employees 3 seats for customers Two full-time employees 100 sq. ft. of gross floor area Table or booth, plus one space for each two counter stools, plus one space
for each 2 employees 10. Self-service laundromats 4 washing or drycleaanin machines Two full-time employees 11. Motel, Hotel Rental room dr suite Full-time employee Four seats provided
for customers .. 1. All Industrial Uses 2 employees on the largest shift Company vehicle normally stored on the premises and for each five managers (visitor space) . .,. . --121
J 4 i L 71. Off-street parking in the town center district -not part of a planned town center development. A. B. C. D. E F. The number of off-street parking spaces for each use in the
Town Center District shall be determined by the Zoning Officer (after advisory report from the Planning Commission) for Permitted Uses, and by the Zoning Hearing Board for Special Exception
Uses. The total number of off-street parking spaces required for each use shall be determined by the sum of ,the following: The number of employees at the highest daily period of operation
in the most active operating season of the year. The estimated number of users, customers, members, clients, and residents at the highest daily period of activity in the most active
operating season of the year. The total number, or a portion of the required parking spaces, should be located on the premises if appropriate space is available. When space is not available
or appropriate, the applicant shall demonstrate that the required off-street parking spaces are available off the applicant's premises within walking distance of eight hundred (800)
feet. The applicant shall produce written documentation of an agreement with the owner of off-premises parking space to demonstrate that sufficient parking spaces have been leased and
assigned to the applicant for the sole purpose of meeting the parking requirements of the applicant's intended use. Off street parking f-or-a " bed and breakfast shall be provided as
follows: Two (2) spaces per dwelling unit; One (1) space per each bed and breakfast room provided; and One (1) space per nonresident employee. 122
I , I 72. Off-street parking in the Town Center District -part of a I I -1 planned Town Center development. Off-street parking requirements for a Planned Town Center Development shall
be determined in accordance with the procedures and requirements of Article VII. 1 73. Loading space. A. Except for uses in the Town Center District, all permitted uses requiring loading
space for normal operations shall provide adequate loading space so that no vehicle being loaded or unloaded in connection with normal operations shall stand in or project into any public
street, walk or alley. Each space shall be at least thirty (30) feet in length by twelve (12) feet in width by fourteen (14) feet in height. The number of required spaces shall be determined
as follows: Number of Floor Area of sfasxs Burldina For commercial operations For all other non-residential operations including industrial and wholesaling 1 For each 20,000 sq. ft.
of usable floor area or fraction thereof , 0 --_ 1 1 additional 5,000 sq. ft. of usable floor area or fraction thereof .-5,000 to 25,000 sq. ft. For each additional 50,000 sq. ft. or
part thereof 6. In the Town Center District, the uses shall demonstrate that adequate space will be provided or that loading and unloading activities will be conducted at a time, location
and in a manner which will not be detrimental to the normal functions of nearby uses, streets, alleys and parking areas. 4 123
I a --I 1 ARTICLE XI Signs 74. Definitions. As used in this Article, the following terms shall have the meanings indicated : A. SIGN -Any object, device, display or structure, or part
thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product,
service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Excluded from this definition of signs
are national or state flags, window displays, athletic scoreboards, the official announcements or signs of government, or temporary type retail or promotional signs in windows. SIGN,
ADVERTISING -A sign which offers services or goods produced or available somewhere other than on the lot on which the sign is located. The words "advertising sign" include the word "billboard".
Neither directional, warning nor other signs posted by officials in the course of their public duties shall be construed as "advertising signs". B. C. SIGN AREA -The area of the largest
single face of the sign within a perimeter which forms the outside shape, including any frame, and forms an integral part of the display, but excluding the necessary supports or uprights
on which the sign may be placed. If the sign consists of more than one (1) section or module, all areas will be totaled, with the exception of freestanding double-faced signs. Where
the sign faces are parallel (double-faced) or where the interior angle formed by the faces is ninety degrees (90") or less, one (1) display face shall be measured in computing total
"sign area". "Sign area" for separate cutout letters or number on walls of a building or on freestanding walls and/or structures shall be computed by multiplying the maximum height of
the tallest letter by the total width of the letters. --124
D. E F. G Example: 10' 2' Sign --20 square feet I SIGN, BUSINESS -A sign which offers services or goods available on the lot on which the sign is located. SIGN, TEMPORARY -A sign which
offers premises for sale, rent or development, or advertises the services of professionals or building trades during construction or alteration of the premises upon which the sign is
located. I SITE -A parcel or parcels of land being considered or to be considered for subdivision or land development purposes or for purposes of toning, upon which one (1) or more buildings
are intended. SITE AREA -All land area within the site as defined in the deed or deeds. Actual area shall be from a survey rather than from a deed description. "Site area" shall not
include any previously dedicated public right-of-way. 7 5. Applicability of regulations. Signs as defined in this Article shall be regulated for all uses within all zoning districts.
-I 7 6. General regulations. A. All signs shall require a zoning permit except temporary signs such as for sale signs. Any person desiring a permit for a sign may obtain one by filing
a sign permit application and the appropriate permit fee with the Zoning Officer. The fee for permits shall be established by resolution of the Borough Council. -_ 6. No sign shall be
placed in such a position as to endanger traffic on a street by obscuring a clear view or by causing confusion with official street signs or signals by virtue of position or color. 125
C. D. E F. G H No sign shall be I placed within a clear-sight triangle as specified in Article IX, Item 56. No sign shall be permitted within the public right of way. Any vehicle to
which a sign is affixed in such a manner that the carrying of such sign or signs no longer is incidental to the vehicle's primary purpose but becomes a primary purpose in itself shall
be considered a free standing sign if such vehicle is parked on a public street or on a lot and as such shall be subject to the pro-v-is io-ns regarding free standing signs in the district
in which such vehicle is located. The following signs are prohibited: ( I ) Signs with flashing or blinking lights, except for those signs displaying only the time and temperature. (2)
Moving signs, that is, any sign or object intended to attract attention which is capable of free movement or oscillation or which is designed to 'rotate or otherwise move. (3) All off
premise signs. Height restrictions. (1) Roof signs are prohibited. (2) Freestanding ground signs may not exceed twelve (12) feet in height,
unless provided for elsewhere in this Ordinance. (3) Signs attached or mounted on the building front shall not be more than twelve (12) feet in height above the mean external finished
grade of the building to which sign is mounted. Any signs required by the Borough shall not require a permit. 126
77. Permitted signs in -residential d i s t r i c t s . In all residential districts, the following and no others: and hospital/office signs shall be permitted A. B. C. 0. E Official
street and traffic signs and any Borough approved signs. No permit shall be required for such signs. , Professional, accessory use, home occupation or identification signs on the same
lot with and indicating the name, profession or activity of the occupant of the dwelling, provided that the sign area shall not exceed two (2) square feet, and provided that not more
than one (1) such sign shall be erected for each permitted use or dwelling. School, church, hospital, club or other institutional signs of a similar nature on the same lot therewith
and indicating the name, services andlor activities of the institution, provided that the sign area shall not exceed fifteen (15) square feet, and provided that not more than one (1)
such sign shall be erected on any one (1) street frontage of any property in single and separate ownership. ownership. Where such uses exist on lots abutting a commercial and/or industrial
district along a side yard, the sign area shall be permitted, not to exceed twentyfiiv (25) square feet, provided that not more than one (1) such sign shall be erected on any one (1)
street frontage of any property in single and separate ownership. -c-Signs advertising the sale of agricultural products grown or produced on the premises, erected on the same lot therewith,
indicating the name of the owner or occupant and the product sold, provided that the total sign area on any one (1) street frontage of the property shall not exceed twelve (12) square
-feet. Temporary signs of contractors, mechanics, painters and artisans, erected and maintained on the premises where the work is being performed, provided that the area of one (1) side
of any such sign shall not exceed four (4) square feet, and provided that not more than one (1) such sign for each contractor shall be erected on any property in single and separate
ownership, and provided that such sign shall be 127
removed upon completion of work. for such signs. No permit shall be required F. One (1) sign on each separate apartment building identifying the building and unit numbers, provided that
the area of any one (1) side of any such sign shall not exceed eight (8) square feet. G Political signs, Le., any billboard, signboard, poster or other advertising device or structure
for the purpose of drawing , attention to a political candidate and/or unit or similar group, campaign and/or drive. Political signs shall be removed no later than five (5) days after
the election for which the sign was posted. H A permanent residential development sign designed to identify a subdivision or planned residential development or apartment complex or section
thereof, provided that it complies with the following regulations: The property owner or a homeowner's association will be required to maintain such permanent development signs as allowed
herein. Signs and entrance structures shall be for identification purposes only and shall give only the name of the subdivision, apartment complex or development. When considering such
signs, the following shall be considered: the location of public utili ties, sidewalks, intersection visibility and future street widenings. One (1) identification sign or structure
may be erected at the primary entrance to a development or subdivision from abutting streets. Such a sign may be a single sign with two (2) faces or may be a single-faced sign located
on each side of each such entranceway. Such signs must be installed or erected in compliance with the Borough Building Code. The maximum sign area shall not exceed twelve (12) square
feet, excluding decorative features. Decorative 128
I features shall not exceed in area twenty-five percent (25%) of the sign area unless otherwise granted by the Zoning Hearing Board as a special exception. Decorative trimming shall
not bear any copy. (7) The height of such signs shall not exceed five (5) feet as measured from grade level. ( 8 ) The location of such signs shall be approved by Borough Council following
recommendation by the Planning Commission. I. A temporary on-premises subdivision sign advertising the sale or development of the premises on which it is erected, provided it complies
with the following regulations: All such signs must be installed or erected in compliance with the Borough Building Code. Such signs shall be erected on a temporary basis only and not
more than sixty (60) days prior to commencement of actual construction of the project and shall be removed within ten (10) days after ninety (90) percent of the building permits have
been issued or upon erection of a permanent sign, whichever comes first. No more than one (1) sign shall be placed on a property in single and separate ownership, unless such property
fronts on more than one (1) public street, in which event one (1) such sign may be erected on each frontage. No on-site development sign shall be erected closer than fifteen (15) feet
to any side property line or within any street right-of-way. The size of any such sign shall not exceed twelve (12) square feet nor a maximum height of five (5) feet as measured from
grade level, including structural elements and decorative features. J. Community information signs, i.e., billboard, signboard, poster or other advertising device or structure for the
purpose of drawing attention to an athletic, civic, cultural or educational 129
event sponsored by a nonprofit organization to benefit residents of the Borough, in institutional-public districts, provided that only one (1) such sign shall be permitted, and provided
that the sign area shall not exceed twelve (12) square feet. Community information signs shall be removed no later than forty-eight (48) hours after the event for which the sign was
posted. 78. Permitted signs in commercial and industrial districts. In all commercial districts, hospital districts and in industrial districts, the following signs shall be permitted
and no others: A. Any sign permitted in any residential or hospitaVoffice district, provided the use to which it refers is permitted in the zoning district in which it is located. B.
A business sign as herein defined, provided it complies with following regulations: The sign must be on the, property to which it relates. Such a sign may be erected within the building
setback area and not connected to any building, provided that the maximum sign area shall not exceed twenty (20) square feet. Only one (1) such sign shall be permitted. , One (1) or
more signs may be attached to or mounted on a building front, provided that the total sign area of such sign or signs shall not exceed fifty (50) square feet or ten percent (10%) of
the building front surface area to which it is attached, whichever is less. On any tract within a commercial or industrial district owned in single and separate ownership where a group
of four (4) or more separate business entities function as a unit, in addition to signs permitted for individual establishments, there shall be permitted one (1) sign for every street
frontage indicating the name of the business center and/or names of individual establishments within the center, provided that the area of any one (1) side of such sign shall not exceed
twenty-five (25) square feet, and provided that the location and orientation of such 130
A. B. sign shall be designated on or in connection with the required development plan. -79. Permitted signs in all districts. The following signs shall be permitted in any district,
provided the use advertised by such signs is permitted as a legal use in such district: -. Special information signs, including the following: men, state inspection station, gasoline
pump identification and gallonage register. Such signs shall be permitted only where attached to the building or equipment. No letter in excess of four (4) inches in vertical height
shall be permitted in such signs. The total area of such signs shall not be included in calculating permitted sign area. No permit shall be required for such signs. women, restrooms,
hours of operation, credit cards accepted, -Fuel price signs. At every fuel service station, one (1) twofaace sign may be erected and maintained at the station, with the following conditions:
(1) Each sign shall contain the following information and no other on both faces: designation of each grade of the fuel dispensed at the station and the price of each grade of gasoline
or other fuels in cents and tenths of a cent. No symbol for cents or dollars shall be used. (2) Each sign shall be posted no more than five (5) feet from the street right of way line.
--(3) Each such sign shall be perpendicular to the street line; if such street line is not straight, the angles formed by extending the sign's plane to the street line shall be equal.
The face of each sign shall be fourteen (14) inches in height for each grade of gasoline dispensed at the station and eighteen (18) inches in width. The sign shall be rectangular. (4)
131
.. . . ,. . . I C. (5) The numbering and lettering of all signs shall be clear. The bottom edge of each sign shall be not less than one (1) foot nor more than two (2) feet from the ground,
and each sign shall be erected in such a manner that the view of the sign shall be unobstructed from the street nearest to the sign. Trespassing signs, regulatory information signs,
and signs indicating private ownership of roadways or other property on the same premises therewith, provided that the total sign area of any one (1) sign shall not exceed one (1) square
foot and that such signs shall be spaced at intervals of not less than twenty five (25) feet of street frontage, excepting, however, where necessary for specific health, safety and welfare
purposes. D. Real estate signs for advertising the sale or lease of a dwelling unit or premises upon which the sign is erected, provided that only one (1) such sign shall be permitted,
and provided that the sign area shall not exceed six (6) square feet. Real estate signs shall be removed not later than thirty (30) days after the sale or lease is completed. No permit
shall be required for such signs. 8 0. Illumination of permitted signs. A. In residential and hospitaVoffice districts, the following signs may be illuminated and no other: ( 1 ) Professional
sign of a licensed physician, dentist and such other person whose services in an emergency are customarily considered essential to the public health, safety and welfare, provided that
the total illumination for any such sign shall not exceed 0.10 lumens at the property line. (2) Sign of a school, church, hospital, club or other institution of a similar nature, laboratory
or municipal building, provided the illumination is white light only, and provided further that the total illumination for any such sign shall not exceed 0.30 lumens at the property
line. \ , 132
(3) Signs for regulation of traffic or marking of hazard. (4) Multi family building signs provided that the total illumination for any such sign shall not exceed 0.20 lumens at the property
line. (5) Permanent development signs, provided such signs shall be illuminated with a steady light and not animated, and provided further that-such light shall not create glare problems
or traffic problems and that such illumination shall be removed within twenty (20) days of dedication parcel or dwelling unit within the development to a purchaser, whichever occurs
first. The total illumination lumens. of the public improvements or conveyance of the last _. of the sign, at any property line, shall not exceed 0.30 -. (6) Temporary on-premises subdivision
sign. The total illumination of the sign, at any property line, shall not exceed 0.30 lumens. B. All signs in commercial and industrial districts may be i 11 u mi n'ated . C. Any permitted
illumination of signs in any district shall be subject to the following regulations: There shall be no illumination of a flashing, intermittent or moving type, except for those displaying
the time and temperature. Floodlighting' shall be so shielded that the source of light shall not be visible from any point of the lot on which the sign, building or structure being illuminated
is erected and so that only the sign is directly illuminated. All electrified or lighted signs, internally or externally, shall comply with the Borough Building Code and require an electrical
permit and an approved inspection, except the simple plug-in type sign which uses an electrical outlet and which is purchased UL approved. 133 .-
8 1. Dilapidated or deteriorated signs. Any and all signs found to be dilapidated that is, reduced to or fallen into partial ruin or decay, as from age, wear, misuse, or neglect or deteriorated
that is, made or became lower in character, quality or value by the Zoning Officer shall be subject to the following regulations: A. If a sign is declared to be dilapidated or deteriorated
by the Zoning Officer, it shall be either repaired or removed at the owner's expense within thirty (30) days after appropriate notice has been given from the Zoning Officer. 8. Failure
to comply with this provision will mean that the dilapidated or deteriorated sign, regardless of its conformity or nonconformity, is subject to removal by the Borough and the owner shall
be billed for the cost thereof. -_ " , I I I 134
82. 83. ARTICLE XI1 Zoning Hearing Board Membership of Board. A. The membership of the board shall consist of three residents of the municipality appointed by the governing body. The
terms of office of a three member board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The board shall promptly notify the governing
body of any vacancies which occur. Appointments to fill vacancies shall be only' for the unexpired portion of the term.' Members of the board shall hold no other office in the municipality.
B. The government body may appoint at least one but no more than three residents of the municipality to serve as alternate members of the board. The term of office of an alternate member
shall be three years. When seated pursuant to the provisions of section 86 of this Article, an alternate shall be entitled to participate in all proceedings and discussions of the board
to the same and full extent as provided by law for board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers
and duties set forth in this act and as otherwise provided by law. Alternates shall hold no other office in the municipality, including membership on the planning commission and zoning
officer. Any alternate may participate in any proceeding or discussion of the board but shall not be entitled to vote as a member of the board nor be compensated pursuant to section
87 unless designated as a voting alternate member pursuant to section 86 of this Article. Removal of' members. Any board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the governing body which appointed the member, taken after the member has received 15 days' advance notice of the intent to take
such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing. I --.-135
84. 85. Organization of board. A. The board shall elect from its own membership a chairman and a vice chairman who shall chair the proceedings of the board in the absence of the chairman
who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than two members of the board.
B. If, by reason of abSence or disqualification of a member, a quorum is not reached, the chairman of the board shall designate as many alternate members of the board to sit on the board
as may be needed to provide a quorum. Any alternate member of the board shall continue to serve on the board in all proceedings involving the matter or case for which the alternate was
initially appointed until the board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-bycaas basis in
rotation according to declining seniority among all alternates. C. The board may make, alter and and rescind rules and forms for its procedure, consistent with ordinances of the municipality
and laws of the Commonwealth. The board shall keep full public records of its business, which records shall be the full public records of its business, which records shall be the property
of the municipality, and shall submit a report of its activities to the governing body as requested by the governing body. Expenditures for services. Within the limits of funds appropriated
by the governing body, the board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the board may receive
compensation for the performance of their duties, as may be fixed by the governing body, but in no case shall it exceed the rate of compensation authorized to be paid to the members
of the governing body. Alternate members of the board may receive compensation, as may be fixed by the governing body, for the performance of their duties when designated as alternate
members pursuant to section 86, but in no case shall such compensation 136'
exceed the rate of compensation authorized to be paid to the I -1 members of the governing body. I I I 8 6 . Hearings. -1 The board shall conduct hearings and make decisions in accordance
with the following requirements: I I I A. B. c. -1 Public notice shall be given and written notice shall be given to the applicant, the zoning officer, all adjoining property of way),
such other persons as the governing body 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 addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of
land at least one week prior to the hearing. I owners (including those property owners across street rights -_. in the absence of ordinance provision, by rules of the board. _ _ (1)
The governing body may prescribe reasonable fees with respect to hearings before the zoning hearing board. Fees for said hearings may include compensation for the stenographer and members
of the zoning hearing board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the
toning hearing board, expenses for engineering, architectural or other technical consultants or expert witness costs. (2) The hearing shall be held within 60 days from the date of the
applicant's request, unless the applicant has agreed in writing to an extension of time. The hearings shall be conducted .by the board. The decision, or, where no decision is called
for, the findings shall be made by the board. The parties to the hearing shall be the municipality, any person affected by the application who has made timely appearance or record before
the board, and any other person including civic or community organizations permitted to appear by the board. ._ 137
D. E F. G H I . The board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the board for that purpose.
The chairman or vice chairman of the board presiding 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. 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. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious
evidence may be excluded. The board, as the case may be, shall keep a stenographic record of the proceedings. The cost of the original transcript shall be paid by the board if the transcript
is ordered by the board or shall be paid by the person appealing from the decision of the board 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. The board 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 their 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. The board, as the case
may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the board. Each decision
shall be accompanied by findings of fact and conclusions based thereon together with the reasons 138
J -therefor. Conclusions based on any provisions of the Municipalities Planning Code, Act 170 or of .any ordinance, rule or regulation shall contain a reference to the provision relied
on and the reasons why the conclusion is deemed appropriate in the light of the facts found. Where the board fails to render the decision within the period required by this subsection,
or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant
unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the board to
meet or render a decision as hereinabove provided, the board shall give public notice of said decision within ten days from the last day it could have met to render a decision in the
same manner as provided in subsection (A) of this section. If the board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right
of any party opposing the application to appeal the decision to a court of competent jurisdiction. -. , A copy of the final decision or, -where no decision is called for, of the findings
shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the board not
later than the last day of the hearing, the board shall provide by mail or otherwise] brief notice of the decision or findings and a statement of the place at which the full decision
or findings may be examined. 8 7 . Jurisdiction. I A. The zoning hearing board shall have exclusive jurisdiction to hear and render final adjudications in the following matters: (1)
Substantive challenges to the validity of any land use ordinance] except those brought before the Borough Council pursuant to sections 609.1 and 916.1(a)(2) of the Municipalities Planning
Code, Act 170. (2) Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be
raised 139 -; I
. L (3) (4) by an appeal taken within 30 days after the effective date of said ordinance. Appeals from the determination of the zoning officer, including, but -not limited to, the granting
or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure,
sign or lot. Appeals from a determination by a municipal engineer or the zoning officer with reference to the administration of any flood plain or flood hazard ordinance or such provisions
within a. land use ordinance. Applications for variances from the terms of the zoning ordinance and flood hazard ordinance or such provisions within a land use ordinance, pursuant to
section 910.2 of the Municipalities Planning Code, Act 170. Applications for special exceptions under the zoning ordinance or flood plain or flood hazard ordinance or such provisions
within a land use ordinance, pursuant to section 912.1 of the Municipalities Planning Code, Act 170. Appeals from the determination of any officer or agency charged with the administration
of any transfers of development rights or performance density provisions of the zoning ordinance. Appeals from the determination of any officer or agency charged with the administration
of any transfers of development rights or performance density provisions of the zoning ordinance. Appeals from the determination of the zoning officer or municipal engineer in the administration
of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water . management insofar as the same relate to development not involving
Article V or VI1 applications pursuant to the Municipalities Planning Code, Act 170. 140
B. The governing body shall have exclusive' jurisdiction to hear and render final adjudications in the following matters: Il I I Applications for conditional use under the express I
I provisions of this ordinance. I Applications for curative amendment to a zoning ordinance pursuant to sections 609.1 and 916.1 (a)(2) of the Municipalities Planning Code, Act 170.
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in the Municipalities Planning Code, Act 170. Any action on such petitions shall be deemed legislative
acts, provided that nothing contained in this clause shall be deemed to enlarge or diminish existing law with reference to appeals to court. Appeals from the determination of the zoning
officer' or the municipal engineer in the administration of any land use ordinance or provisions thereof with reference to ,sedimentation and erosion control and storm water management
insofar as the same relate to application for land development under Articles V and VI1 of the the Municipalities Code, Act 170. Where such determination relates only to development
not involving an Article V or VI1 application of the Municipalities Code, Act 170, the appeal from such determination of the zoning officer or the municipal engineer shall be to the
zoning hearing board pursuant to subsection A(9) of this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development
applications in the planning agency, all appeals from determinations under this paragraph shall be to the planning agency and all appeals from the decision of the planning agency shall
be to court. 8 8. Applicability of judicial remedies. Nothing contained in this article shall be construed to deny the appellant the right to proceed directly to court where appropriate,
pursuant to the Pennsylvania Rules of Civil Procedure No. 1091 (relating to action in mandamus). 141
1 8 9. Zoning hearing board's functions; variances. A. The board shall hear requests for variances where it is alleged that the provisions of the zoning ordinance inflict unnecessary
hardship upon the applicant. The board may by rule prescribe the form of application and may require preliminary application to the zoning officer. The board may grant a variance, provided
that all of the following findings are made where relevant in a given case: (3) (4) That there are unique physical circumstances or conditions, including irregularity, narrowness, or
shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such-conditions
and
not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located. That because of such
physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use of the property. That such unnecessary hardship has not been created by the appellant. That the variance, if authorized,
will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of
adjacent property, nor be detrimental to the public welfare. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least
modification possible of the regulation in issue. 142
B. In granting any variance, the board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the zoning ordinance. 9
0. Zoning hearing board's functions; special exception, Where the governing body, in the zoning ordinance, has stated special exceptions to be granted or denied by the board pursuant
to express standards and criteria, the board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception,
the board may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act and the
zoning ordinance. 9 1 . Governing body's functions; conditional uses. Where the governing body, in the zoning ordinances, has stated conditional uses to be granted or denied by the governing
body pursuant to express standards and criteria, the governing body shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria.
In granting a conditional use, the governing body may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement
the purposes of this ordinance. 143 92. Parties appellant before the board. Appeals under Section 89 of this Article may be filed with the board in writing by the landowner affected,
any officer or agency of the municipality, or any person aggrieved. Requests for a variance under section 91 and for special exception under section 92 may be filed with the board by
any landowner, .any tenant or proposed tenant with the permission of such landowner, or any proposed buyer under an agreement of sale. 93. Time limitations. A. No person shall be allowed
to file any proceeding with the board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate I municipal officer, agency or
-body if such proceeding is
4 designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had
been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the
landowner to appeal from an adverse decision by a zoning officer on a challenge to the validity of an ordinance or map pursuant to section 98 shall preclude an appeal from a final approval
except in the case where the final submission substantially deviates from the approved tentative approval. B. All appeals from determinations adverse to the landowners shall be filed
by the landowner within 30 days after notice of the determination is issued. 94. Stay of proceedings. A. Upon filing of any -proceeding referred to in section 94 and during its pendency
before the board, all land development pursuant to any challenged ordinance, order or approval of of the zoning officer or of an agency or body, and all official action thereunder, shall
be stayed unless the zoning officer or any other appropriate agency or body certifies to the board facts indicating that such stay would cause imminent peril to life or property, in
which case the development or official action shall not be stayed otherwise than a restraining order, which may be granted by the board or by the court having jurisdiction of zoning
appeals, on petition, after notice to the zoning officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings
designed to reverse or limit the approval are filed with the board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to
order such persons to post bond as a condition to continuing the proceedings before the board. B. After the petition is presented, the court shall hold a hearing to determine if the
filing of the the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is
frivolous. After consideration of all evidence 144
’. presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants’ to post bond may
be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The question whether or not such petition should be granted
and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to
post a bond shall be interlocutory. -I C. l D. If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post
a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the
court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner. 9 5. Validity of ordinance; substantive
questions. A. 6. C. A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or
development of land in which he has an interest shall submit the challenge either: (1) to the zoning hearing board under section 89A; or (2) to the governing body under section 89(B)(2),
together with a request for a curative amendment under section 609.1 of the Municipalities Planning Code, Act 170. Persons aggrieved by a use or development permitted on the land of
another by an ordinance or map, or any provision thereof, who desires to challenge its validity on substantive grounds shall first submit their challenge to the zoning hearing board
for a decision thereon under section 89A(1). ” -_ The submissions referred to in subsections (A) and (B) shall be governed by the following: 145 . .. -
In challenges before the zoning hearing board, the challenging party shall make a written request to the board that it hold a hearing on its challenge. The request shall contain the
reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment under section 609.1 of the Municipalities
Planning Code, Act 170, his application to the governing body shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials describing
the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to
meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development
and a sufficient basis for evaluating the challenged ordinance or map in lither thereof: Nothing herein contained shall preclude the landowner from first seeking a final approval before
submitting his challenge. If the submission is made by the landowner to the governing body under subsection (a)(2), the request also shall be accompanied by an amendment or amendments
to the ordinance proposed by the landowner to cure the alleged defects therein. If the submission is made to the governing body, the municipal solicitor shall represent and advise it
at the hearing or hearings referred to in section 898(2). The governing body may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf
and to present their witnesses on its behalf. -_ Based upon the testimony presented at the hearing or hearings, the governing body or the zoning board, as the case may be, shall determine
whether the challenged ordinance or map is defective, as alleged by the landowner. If a’ challenge heard by a governing body is found to have merit, the governing body shall proceed
as 146
I I I I c provided in section 609.1 of the Municipalities Planning Code, Act 170. If a challenge heard by the zoning hearing board is found to have merit, the decision of the zoning
hearing board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the zoning hearing board shall consider the
amendments, plans and explanatory material submitted by the landowner and shall also consider: the impact of the proposal upon roads, sewer facilities, water supplies, schools and other
public service facilities; if the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing
units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map; the suitability of the
site for the intensity of use proposed by the site's soils, slopes, flood plains, and other natural features; the impact of the proposed use on the site's soils, slopes, flood plains,
and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to develop and any adverse environmental impacts; and the impact of the proposal
on the preservation of agriculture and other land uses which are essential to public health and welfare. (6) The governing body or the zoning hearing board, as the case may be, shall
render its decision within 45 days after the conclusion of the last hearing. I (7) The governing body or the zoning board, as the case may be, fails to act on the 'landowner's request
within the time limits referred to in paragraph (6), a denial of the I 147 --1
request is deemed to have occurred on the 46th day after the close of the last hearing. D. The zoning hearing board or governing body, as the case may be, shall commence its hearings
within 60 days after the request is filed unless the landowner requests or consents to an extension of time. E Public notice of the hearing shall include notice that the validity of
the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined
by the public. F. The challenge shall be deemed denied when: (1) the zoning hearing board or governing body, as the case may be, fails to commence the hearing within the time limits
set forth in subsection (d); (2) the governing body notifies the landowner that it will not adopt the curative amendment; (3) the governing body adopts another curative amendment which
is unacceptable to the landowner; or (4) the zoning hearing board or governing body, as the case may may be, fails to act on the request 45 days after the close of the last hearing on
the request unless the time is extended'by mutual consent bp the landowner and municipality. G Where, after the effective date of this act, a curative amendment proposal is approved
by the grant of a curative amendment application by the governing body pursuant to section 898(2) or a validity challenge is sustained by the zoning hearing board pursuant to section
89A(1) or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application
for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval-pursuant to Article
V or VI1 of the 148
Municipalities Planning Code, Act 170. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied
in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative
plan, the provisions of section 508(4) shall apply. Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further
application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent
change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the
curative amendment or the sustained validity challenge: -During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief
as may be necessary. 96. Procedure to obtain preliminary option. In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which
he proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome; or may be unavailable, the landowner
may advance the date from which time for any challenge to the ordinance or map will run under section 95 by the following procedure: (1) The landowner may submit plans and other materials
describing his proposed use or development to the zoning officer for a preliminary opinion as to their compliance with the applicable ordinances and maps. Such plans and other materials
shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit so long as they provide reasonable notice
of the the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance. (2) If the zoning officer's preliminary opinion is that the use or development
complies with the ordinance or map, notice thereof shall be published once each week for two successive 149
1 L 1 I weeks in a newspaper of general circulation in the municipality. Such notice shall include a general description of the proposed use or development and its location, by some
readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval under section 95 and the
time therein specified for commencing a proceeding with the board shall run from the time when the second notice thereof has been published. 150
ARTICLE -Xlll Ad m in 1 st rat E on and Enforce men t Administration and enforcement by zoning officer. The provisions of this Ordinance and amendments thereto shall be enforced by the
zoning officer who shall be appointed by Borough Council and may not hold any elective office in the Borough. The zoning officer shall administer the zoning ordinance in accordance with
its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to the zoning ordinance. The zoning officer's duties shall
include but not be limited to the following: A. 0. C. D. E F. Receive and examine all applications for zoning permits, and issue zoning permits only for any use or change of use which
eo nf o rm s to t h is 0 rd i n ance. Refer zoning permit applications for special exceptions to the Zoning Hearing Board. Issue permits for construction of uses requiring a special
exception or variance only upon order of the Zoning Hearing Board. Fottowing refusal of a permit, to to receive application for interpretation appeals and variances and forward these
applications to the Zoning Hearing Board for action thereon. Conduct inspections and surveys to determine compliance or noncompliance with the terms of this Ordinance. Issue stop, cease
and desist orders, and order in writing correction of all conditions found to be in violation of the provisions of this Ordinance. Such written orders shall be served personally or by
certified mail upon persons, firms, or corporations deemed by the zoning officer to be violating the terms of this Ordinance. It shall be unlawful for any person to violate any such
order lawfully issued by the zoning officer, and any person violating such order shall be guilty of a violation of this Ordinance. 151
G H 1. J. K. L. Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this Ordinance and of the subsequent action taken
on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued, reports and inspections made in connection with
any structure, building, or land. Maintain a map ,or maps showing the current zoning classification of all land in the Borough. Identify and register nonconforming uses and nonconforming
structures. Issue occupancy permits in accordance with the terms of this Ordinance. Identify and register all signs whether conforming or nonconforming . 98. Fees. . _ A. The Borough
Council shall establish by resolution, a schedule of fees, charges, and expenses and collection procedures for zoning permits, occupancy permits, special exceptions, variances and appeals,
and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the zoning officer and may be altered oi amended only by the Borough Council. 8.
No action shall be taken on any application or appeal until all application fees, charges, and expenses have been paid in full. 9 9. Zoning permits required. A. No building, structure,
sign, or driveway shall be erected, constructed, moved, added to, or structurally altered, nor shall land be put to any use or changed to another use, without a zoning permit therefore
issued by the Zoning Officer. No such permit shall be issued except in conformity with the prdvisions of this Ordinance, or upon written order from the 152
Zoning Hearing Board in the form a special exception, variance, or as otherwise provided for by this Ordinance, any applicable laws, or any court of competent jurisdiction. B. All requests
for zoning permits shall be made in writing by the owner, his authorized agent or by a person to whom the owner has given written consent under an option agreement on forms supplied
by the Zoning Officer and shall be accompanied by a plan drawn to scale, showing proposed structures in exact relation to lot and street lines. 1 00. Occupancy permits requited. No building
hereinafter constructed, erected, or altered under a zoning permit shall be occupied or used in whole or in part for any use whatsoever and no change of use of any building or part of
a building shall hereafter be made until an occupancy permit has been issued by the zoning officer, indicating that the building or use complies with the provisions of this Ordinance.
An occupancy permit shall be granted or denied within ten ( I O ) days after the zoning officer receives notification. 101. Expiration of zoning permits. If the use indicated in any
Zoning Permit is not initiated within six months from the date of issuance, said permit shall expire and shaft be cancelled by the Zoning Officer; and written notice thereof shall be
given to the person affected. 102. Violations and penalties. A. The zoning officer shall serve a notice of violation on any person, firm, partnership, corporation, or other entity responsible
for violating any of the provisions of this Ordinance, or any amendment thereto, or in violation of a detailed statement or a plan approved thereunder. Notice of violation shall be in
writing, indicating the nature of the violation and action necessary to correct same. If the notice of violation is not complied within the time period set forth in said notice, the
zoning officer shall order the discontinuance of such unlawful use of structure, building, sign, and/or land involved in said violation. 153
B. Any person, partnership, or corporation which shall violate the provisions of this Ordinance shall upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not
more than five hundred (500) dollars, or such person, the members of such partnership, or the officers of such corporation may be liable to imprisonment for not more than sixty (60)
days. Each day that a violation is continued shall constitute a separate offense. All fines shall be paid to the Borough for its general use. C. Nothing herein contained shall prevent
the Borough from taking such other lawful action as is necessary to'prevent or remedy any violation. 154
r ARTICLE XIV Amendments, Separability, Repealer 103. Amendments. The Borough Council may from time to time amend or change this Ordinance after public notice and hearing. 1 04. Enactment
of zoning ordinance. Before voting on the enactment of a zoning ordinance, the governing body shall hold a public hearing thereon, pursuant to public notice. The vote on the enactment
by the governing body shall be within 90 days after the last public hearing. Within 30 days after enactment, a copy of the zoning ordinance shall be forwarded to the county planning
agency. 1 0 5. Enactment of Zoning Ordinance Amendments. For the preparation of amendments to zoning ordinances, the procedure set forth in section 105 for the preparation of proposed
zoning ordinance shall be optional. A. Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereon, pursuant to public notice. In addition,
if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality
along the perimeter of the tract to notify potentially interested citizens. The Borough may also notify in writing any or all adjoining property owners. The affected tract or area shall
be posted at least one week prior to the date of the hearing. In the case of an amendment, other than that prepared by the planning agency, the governing body shall submit each such
amendment to the planning agency at least 30 days prior to the hearing on such proposed amendment to provide the planning agency an opportunity to submit recommendations. B. 155
C. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the governing body
shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. ---D. At least 30 days prior to the public hearing on the amendment by the local
governing body, the municipality shall submit the proposed amendment to the county planning agency for recommendations. E Within 30 days after enactment, a copy of I the amendment to
the zoning ordinance shall be forwarded to the county planning agency. 1 06. Publication, advertisement and availability of ordinances. , I I A. Proposed zoning ordinances and amendments
shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be
considered, a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than
the cost thereof. The governing body shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the municipality not more than 60 days nor less
than 7 days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the municipal
solicitor and setting forth all the provisions in reasonable detail. If the full text is not included: (1) A copy thereof shall be supplied to a newspaper of -, general circulation in
the municipality at the time the public notice is published. (2) An attested copy of the proposed ordinance shall be filed in the county law library. B. In the event substantial amendments
are made in the proposed ordinance or amendment, before voting upon enactment, the governing body shall, at least ten days prior to enactment, I 156
readvertise, in one newspaper of general circulation in the , municipality, a brief summary setting forth all the provisions ' in reasonable detail together with a summary of the amendments.
C. Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein. 107. Provisions of ordinance
declared to be minimum requirements. In their interpretation and application, the provisions of this ordinance shall be held to the minimum requirements, adopted for the promotion of
the public health, safety, morals or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations,
I ordinances, deed restrictions or covenants, the most L restrictive or that imposing the higher standards, shall govern. 1 0 8 . Separability clause. Should any section or provision
of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than
the part so declared to be unconstitutional or invalid. 1 09. Repeal of conflicting: ordinances: effective date. All ordinances or parts of ordinances in conflict with this zoning ordinance,
or inconsistent with the provisions of this ordinance, are hereby repealed to the extent necessary to give this ordinance full force and effect. This ordinance shall become effective
on (date) h -/-72 157
Enacted into an ordinance this 4-74 day of & ~ c o , , , ~ 5 1 9 s Y AttestH , Approved this P-fd) day of J ) O C Y , ~ ~ ~ I 19z/Borough Solicitor \ 158
SIDE YARD LlNEADDEENDU A -REAR LOT REAR YARD FRONT YARD t -REAR YARD LlNE -SIDE YARD LINE UlLOlNG SETBACK 'FRONT YARD LIP LINE,. E ---.-FRONT LOT LINE, STREET RIGHT OF WAY LlNF -4 t
-fRO ADWAY, CARTWAY k-ST-REE T RIGHT-OF-WA'r STREET CENTER LINE -3 ---SKETCH PLAN DEFINING ZONING ORDINANCE AREA AND BULK REGULATION TERMS BOROUGH OF WAYNESBORO
ADMNDUM B SCHEDULE OF ARE4 YARD, HEIGHT AND BUILDING REQUIREMENTS Minimum Yard (Feet) Minimum Lot Rear Yard Area per Abutting Maximum Total Dwelling Lot a Public Lot Maximum Representative
' Land Area Unit or Use . . Width . ~. or Private Each Coverage Height District uses (SQ. Ft.) (aF.I. ) (Ft.) Front Rear Alley Side (%) (Ft.) Low Density Single Family 9,000 9.000 60
30 40 20 10 5 0 '10 35 R-L Other Uses 9,000 9,000 60 30 40 20 10 -50% 35 Residential Planned Residential Devel. 8 acres (In accordance with planned residential development requirements
-Article Vlll) Medium Density Single Family Residential Duplex R-M Two Family Townhouse Multi-Family 7.500 7,500 60 20 20 6,000 3,000 25 JJ 20 20 6,000 3.000 50 20 20 10,800 1,800 20
JJ 20 20 9,000 2.000 80 30 30 20 5 50% 35 20 5 2J 5 0 010 35 20 5 50% 35 20 5 u 40% 35 20 i o 41 35% 45 Planned Residential Devel. 3 Acres (In accordance with planned residential development
requirements -Article VIII) Other Uses 9,000 9,000 80 30 30 20 10 50% 45 Planned Single Family 12,000 12,000 80 35 40 20 12 40% 35 Residential Duplex 14,000 7,000 45 y 35 40 20 12 40%
35 m Two Family 1 a, 000 7,000 90 35 40 20 12 40% 35 Townhouse
12,000 2,000 20 JJ 25 40 20 Multi-Family 15.000 2,500 100 35 50 20 15 40% 45 Planned Residential Devel. 5 Acres Other Uses 14.000 14,000 90 35 40 20 12 40% 45 10 a/45% 35 (In accordance
with planned residential development requirements -Article VIII)
Minimum Lot Rear Yard Area per Abutting Maximum Total Dwelling Lot a Public Lot Maximum Representa tive Land Area Unit or Use Width or Private Each Coverage Height District uses (Sq.
Ft.) (Sq. Ft.) (Ft.) Front Rear Alley Side (%) (Ft.) . .-Town Center Residential Uses 6,000 1,000 NIA NIA 20 20 NIA 90% 60 TC Planned Town Center Devel. 20,000 (In accordance with Planned
Town Center Development) Other Uses NIA NIA N/A NIA 20 20 NIA 90% 60 General CommerciallOffice All Uses Gc ._ --.. 12,000 1,000 80 30 ' 20 3 or 60% 45 on Line Industrial -I All Uses
12,000 12,000 80 20 20 10 60% 45 Hospital/Office Residential Uses t-0 Other Uses 6 I 000 1,000 (In accordance with requirements of R-M District) 12,000 1,000 80 30 20 3 or 6 0% 45 on
Line U Per dwelling unit 2/U End units only 91 NIA Not Applicable This applies to one side only since a duplex has a common wall and lot line Does not apply to common walls