Biglerville City Zoning Code
PART 9
SUPPLEMENTAL PROVISIONS
§ 27-901 Purpose.
[Ord. 2-89, 4/4/1989, § 901]
This Part contains provisions which qualify or supplement the district regulations appearing elsewhere in this Chapter.
§ 27-902 Prohibited Uses.
[Ord. 2-89, 4/4/1989, § 902]
No use or activity shall be permitted which by reason of noise, dust, odor, appearance, smoke or other objectionable factor creates a nuisance, hazard or other adverse effect upon the value or reasonable use or enjoyment of surrounding properties.
§ 27-903 Reduction of Lot Area and Yard Requirements.
[Ord. 2-89, 4/4/1989, § 903]
No lot shall be so reduced that the area of the lot, or dimensions of the required yards, shall be less than prescribed by this ordinance, except that semidetached residential units existing under single ownership may be subdivided for the sale or transfer of ownership of each individual unit regardless of lot size, width, setback or coverage requirements of this Chapter, provided that:
A.
The dwellings existing prior to the effective date of this Chapter.
B.
The nonconforming feature created by the proposed subdivision will be the minimum that will permit the subdivision to be effectuated.
C.
The proposed subdivision will create no change or alteration on, or to, the premises that will increase any existing nonconforming feature.
D.
The proposed subdivision plan is submitted to and approved by the Adams County Planning Commission.
§ 27-904 Building Setback Line.
[Ord. 2-89, 4/4/1989, § 904]
Where a building setback line has been established on at least 50% of the properties in a block, the required setback may be reduced by the Zoning Officer. In no case shall the setback distance be less than the existing average setback of all properties in the block.
§ 27-905 Exceptions to Height Restrictions.
[Ord. 2-89, 4/4/1989, § 905]
The height limitations contained in the district regulations of this Chapter do not apply to spires, belfries, antennas, water tanks, ventilators, chimneys, solar energy systems or other appurtenances usually located above the roof of a building or structure.
§ 27-906 Projections Into Required Yard Areas.
[Ord. 2-89, 4/4/1989, § 906]
No building or structure or part thereof shall project into any required yard area in any district, except that:
A.
A buttress, chimney, cornice, gutter or pier of a building may project not more than two feet into a required yard.
B.
Fire, escapes, steps, decks, porches, bay windows, balconies, eaves and canopies may project not more than three feet into a required yard.
C.
Apparatus or architectural structure needed for the efficient operation of solar energy systems including, but not limited to, overhangs, insulating walls and roofs, solar collectors or reflectors any project not more than four feet into any required yard.
§ 27-907 Two or More Principal Structures on One Lot.
[Ord. 2-89, 4/4/1989, § 907]
In any district, more than one building or structure having a permitted principal use may be erected on a single lot, provided that all the applicable requirements of this Chapter shall be met for each building or structure as though it were on an individual lot.
§ 27-908 Visual Obstructions.
[Ord. 2-89, 4/4/1989, § 908]
No walls, fence, sign or other structure shall be erected or altered and no hedge, trees, shrubs, crops, etc., shall be maintained, which may cause hazard to pedestrian or vehicular traffic.
§ 27-909 Fences.
[Ord. 2-89, 4/4/1989, § 909]
In residential districts, no fence shall be erected in a required front yard area that is more than four feet in height and no fence shall be erected in any other required yard area that is more than eight feet in height. Fences in all districts shall be constructed of accepted fencing material, maintained in good condition and shall not create a hazard. Fences may be erected no closer than one foot to any lot line. They may be constructed of wood, metal, plastic or masonry, singly or in combination.
§ 27-910 Private Swimming Pool.
[Ord. 2-89, 4/4/1989, § 910]
1.
Every person owning land on which there is situated a swimming pool, which contains 24 inches or more of water in depth at any point, shall erect and maintain thereon a permanent enclosure not less than four feet in height, capable of being secured against intrusion. For the purpose of this Chapter, yard enclosures shall be deemed sufficient, provided they can be secured against intrusion. Above ground pools shall be provided with entrance ways which can be so secured. The top railing of such pools shall not be less than four feet above the ground at the lowest point.
2.
No pool shall be located in any required front or side yard areas. The minimum rear setback line shall be 15 feet for the location of a pool.
§ 27-911 Corner Lots.
[Ord. 2-89, 4/4/1989, § 911]
On any corner lot, side yards abutting streets shall be subject to all the front yard requirements of this Chapter.
§ 27-912 Yards.
[Ord. 2-89, 4/4/1989, § 912]
Space provided to satisfy the yard and area requirements for any building or structure, either existing or proposed, shall not be used to meet the yard area requirements for any other building or structure.
§ 27-913 Access.
[Ord. 2-89, 4/4/1989, § 913]
Every building or structure erected after the date of this Chapter shall be located on a lot that abuts a public street and all buildings and structures shall be located so as to provide safe and convenient access for servicing, fire protection and off-street parking.
§ 27-914 Recreational Vehicle Storage.
[Ord. 2-89, 4/4/1989, § 914]
No recreational vehicle shall be parked or stored on any required front or side yard except in a carport or enclosed building, however such vehicle may be parked anywhere on a residential property for a period of 24 hours for the purpose of loading, unloading or emergency repairs, provided that its position on the lot does not obstruct traffic sight distance. No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored.
§ 27-915 On-lot Storage in Residential and Commercial Districts.
[Ord. 2-89, 4/4/1989, § 915]
Except for licensed, operable motor vehicles with current inspection stickers, no vehicle, trailer, boat or other similar vehicle shall be parked or stored in any residential district within any front yard sales.
§ 27-916 Parking and Loading.
[Ord. 2-89, 4/4/1989, § 916]
No building or structure shall be constructed, enlarged or modified and no use or activity shall be initiated or expanded unless provision is made on the same or adjacent premises for off-street parking and loading facilities meeting the following requirements:
A.
Except for private driveways, parking areas shall not be located in any required front or side yard area. In addition, no part of any public right-of-way shall be used in computing the required area for parking.
B.
In lieu of separate parking facilities, the required parking space for two or more uses may be provided in a joint parking area. When such parking areas are provided, the requirements concerning the affected yards may be altered or waived by Borough Council as a conditional use subject to adequate safeguards to minimize traffic hazards.
C.
The minimum off-street parking provided shall be as follows:
(1)
Church — one space for every five seats.
(2)
Club, Lodge — one space for every two persons the facility is designed to accommodate.
(3)
Theater, Auditorium — one space for every five seats.
(4)
Mortuary, Funeral Home — one space for every three persons the facility is designed to accommodate.
(5)
Nursing, Convalescent Home — one space for every four beds.
(6)
Adult Businesses — one space for every employee on the largest shift; plus additional spaces as required during the conditional use hearing by the Borough Council. The developer will need to provide a study to show the amount of parking needed for the business type.
[Added by Ord. 1-2014, 1/6/2014]
§ 27-917 Nonconforming Uses, Lots and Structures.
[Ord. 2-89, 4/4/1989, § 917]
Any nonconforming use of buildings or open land, may be continued indefinitely, provided that:
A.
Any such nonconforming use of structure or land may be enlarged, altered, extended, reconstructed or restored (except, as provided in Subsection E of this Section) after the effective date of this Chapter to not more than 25% of the area which was in nonconformance upon the adoption of this Chapter.
B.
Shall not be moved to another location where such use would be nonconforming.
C.
Shall not be changed to another nonconforming use without approval by the Zoning Hearing Board and then only to a use which, in the opinion of the Zoning Hearing Board is of the same or of a more restricted nature.
D.
Shall not be re-established if such use has been discontinued for any reason for a period of one year or more or has been changed to, or be replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
E.
Shall not be restored for other than a conforming use after damage from any cause, unless the nonconforming use is reinstated within one year of such damage; if the restoration of such building is not completed within the said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
§ 27-918 Repairs and Maintenance.
[Ord. 2-89, 4/4/1989, § 918]
Notwithstanding any of the above regulations nothing in this Part shall be deemed to prevent normal maintenance and repair of any nonconforming use or structure or the carrying out upon the issuance of a building permit or major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Borough shall state the precise reason such alterations are deemed necessary.
§ 27-919 Registration of Nonconforming Uses, Lots and Structures.
[Ord. 2-89, 4/4/1989, § 919]
All lawful uses and structures existing at the effective date of this Chapter which do not conform to the requirements set forth in this Chapter, or any amendments thereto, shall be identified and registered by the zoning officer within 120 days of the effective date of this Chapter or any amendments thereto together with the reasons why the Zoning Officer identified them as nonconforming.
§ 27-920 Utility or Storage Sheds.
[Ord. of 4/3/2012]
1.
Utility or storage sheds shall be permitted as an accessory use on any property.
2.
Utility or storage sheds shall be permitted to be located in any side or rear yard. Such sheds shall not be authorized to be located in any front yard.
3.
Utility or storage sheds shall be set back a minimum of one foot from all side and rear property lines.
4.
The maximum size of any utility or storage shed shall be 200 square feet.