Carlisle City Zoning Code
ARTICLE XXIII
Supplementary Regulations and Performance Standards
§ 255-172 Intent
It is the purpose of this article to provide common regulations on certain activities or conditions and to provide common standards affecting the construction of property improvements which are not subject to specific zoning districts.
§ 255-173 Applicability.
Nothing herein shall be interpreted as providing limitations on specific controls delineated in prevailing zoning districts. The controls imposed within this article shall be held to apply uniformly throughout the Borough.
§ 255-174 Nuisances or hazards prohibited.
It is the responsibility of each landowner to ensure that no land or structure in any zoning district shall be used or occupied in any manner that creates any of the following activities or conditions:
A.
Communicable disease hazards, including activities that encourage the breeding of disease-prone insects and rodents.
B.
Activity that would create physically dangerous conditions, especially activities that would be easily accessible by small children.
C.
Activity that would prevent a neighboring landowner of ordinary sensitivities from making reasonable use of their property.
D.
Activity that would be a significant hazard to the public health and safety because of serious explosive, fire, biological or toxic hazards.
§ 255-175 Groundwater hazards.
The Zoning Officer may request a review of a possible groundwater hazard by DEP or by the Borough Engineer. If a reasonable doubt exists about a potential hazard, the Zoning Officer may require the applicant to present evidence from a qualified professional engineer, geologist or soil scientist that a significant hazard to the groundwater would not exist.
§ 255-176 Setbacks from surface waters.
A.
Intent. The intent of this section is to protect the water quality of surface waters in the Borough; to preserve physical access to surface waters in case of future public acquisition; to minimize erosion and sedimentation; to preserve the natural stormwater drainage system of the area; and to conserve sensitive wildlife and aquatic habitats.
B.
Setbacks from major surface waters.
(1)
Any building, paved surface, off-street parking or commercial or industrial storage or display area other than street or driveway crossings shall be set back a minimum of 75 feet from the edge of the closest bank of the surface water.
(2)
Major surface waters are defined as the entire length of the LeTort Spring Run.
C.
Exemption. The setbacks of this section shall not apply to publicly owned recreational facilities.
D.
Setback areas and construction. During any grading or construction activity, all reasonable efforts shall be made to leave the setback area of this section undisturbed.
§ 255-177 Storage of gases, liquids and solids.
A.
All storage shall comply with the Borough Fire Prevention Code.
B.
The Zoning Officer or the Zoning Hearing Board (in the case of a special exception) shall require, where they deem necessary, that a use include adequate and reasonable methods to prevent the contamination of groundwater or surface waters. The burden of proof shall be on the applicant to prove that any such measures are adequate. Such methods may include a containment berm around potential pollutants and/or the storage of potential pollutants on a nonimpervious surface.
§ 255-178 Noise. [1]
A.
No person shall operate or cause to be operated on private or public property any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth in the following table when measured at or within the property boundary of the receiving land use:
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
Sound Level Limits By Receiving Land Use And Time | |||
|---|---|---|---|
Residential District or Land Use | Time | Sound Level Limit (dBA) | |
Residential or institutional zoning district or existing dwelling | 7:00 a.m. - 9:00 p.m. | 65 | |
9:00 p.m. - 7:00 a.m., plus Sundays and state holidays | 55 | ||
Commercial or open space zoning district | At all times | 65 | |
Industrial zoning district | At all times | 75 | |
B.
For any source of sound which emits a continuous tone of approximately the same intensity, the minimum sound level limits set forth in § 255-182A shall be reduced by five dBA.
C.
The maximum permissible sound level limits set forth in § 255-182A shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2)
Repair or construction work to provide electricity, water or other public utilities within the hours 7:00 a.m. and 9:00 p.m., except for clearly emergency repairs which are not restricted by time.
(3)
Household power tools and lawn mowers between the hours of 7:00 a.m. and 9:00 p.m.
(4)
Construction operations, including the occasional use of explosives in construction, and repairs of public facilities, including sidewalks and streets, within the hours of 7:00 a.m. and 9:00 p.m., except for clearly emergency repairs which are not restricted by time.
(5)
Agriculture.
(6)
Motor vehicles traveling on state-owned streets.
(7)
Public celebrations specifically authorized by the Borough.
(8)
Railroads and aircraft.
(9)
The unamplified human voice.
(10)
Bells or chimes of places of worship.
D.
For any source of sound which emits an impulsive sound (a sound of short duration with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the excursions of sound pressure level, regardless of time of day or night or receiving land use.
E.
Air-conditioning units are specifically regulated by this section.
§ 255-179 Vibration.
A.
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source, if on private property, or at 50 feet from the course, if on a public space or public right-of-way.
B.
For the purposes of Subsection A, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
§ 255-180 Air pollution and odors.
A.
Air pollution. All uses shall comply with state and federal regulations on air pollution.
B.
Odors. No use shall generate odors that would be seriously offensive to persons of average sensibilities beyond the boundaries of a lot line. Tighter standards on what is seriously offensive shall apply in a residential district than in other districts.
C.
Manure, septage and sludge. Any spreading of manure, septage or septic sludge shall follow DEP regulations and good soil and water conservation and odor reduction practices. General standards shall be those recommended by the Pennsylvania State University Agricultural Extension Service.
D.
Open burning. No open burning shall be permitted in any district.
[Amended 5-8-2014 by Ord. No. 2196, approved 5-8-2014]
(1)
For purposes of this § 255-180D, the words "open burning" shall mean the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
E.
Any outdoor burning which produces noxious smoke and causes personal discomfort to the occupant of or person on any nearby property or when atmospheric conditions or local circumstances make such fires hazardous shall not be permitted. All fires must be attended to at all times and completely extinguished by the person initiating the outdoor burning or by the property owner when done.
[Added 5-8-2014 by Ord. No. 2196, approved 5-8-2014]
§ 255-181 Light, glare and heat.
A.
Street lighting exempted. This section shall not apply to street lighting or lighting of municipal or school district recreational facilities that are owned or maintained by the Borough, state, Carlisle Area School District, Dickinson College or the Dickinson School of Law of Pennsylvania State University.
B.
No use shall generate glare in such a way that lights shine into the eyes of motorists and create a safety hazard or that is seriously offensive to persons of ordinary sensibilities within a dwelling.
C.
Height of lights.
(1)
No outside luminaire, spotlight or other light source in a residential district, including lights attached to a post or a building and lights that are part of signs, shall have a height greater than 20 feet above the surrounding average finished ground level. In nonresidential districts, this maximum height shall be 60 feet.
(2)
This shall not limit lights needed for air travel safety or lights aimed directly towards a tower or steeple.
D.
Diffused. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover or shield or reflecting device to prevent exposed bulbs from being directly visible from abutting streets or lots.
E.
Shielding. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to adjacent dwellings or residentially zoned areas and to prevent the lighting from shining into the eyes of passing motorists.
F.
Maximum candlepower. No lighting source, including signs, shall cause an illumination of greater than the following amounts, measured at the lot line of the receiving lot or street:
(1)
At a residential lot line between the hours of 10:00 p.m. and 7:00 a.m.: 0.2 footcandle.
(2)
At a residential lot between the hours of 7:00 p.m. and 10:00 p.m.: one footcandle.
(3)
At any lot line other than a residential lot line or at the existing right-of-way line of a public street: three footcandles.
G.
Flickering. Flickering or strobe lighting is prohibited.
H.
Measurement. The maximum illumination levels of this section shall be measured with a photoelectric photometer having a spectra) response similar to that of the human eye. The standards of the International Commission on Illumination shall serve as a general guide in measurements in case of uncertainty. A footcandle is defined as a unit of measurement equaling the illumination on a surface one square foot in area where there is a distribution of light having a candlepower of one candela.
§ 255-182 Placement of outdoor machinery.
A.
Noise. No outdoor machinery, such as exhaust fans, central air-conditioning units, power generators or high-voltage electric transformers, shall produce noise that would violate the noise standards of § 255-178.
B.
Placement. Whenever reasonable, outdoor machinery that could create a noise nuisance shall be placed on a side of a commercial or industrial building that does not face an abutting existing dwelling, residential district or other noise-sensitive use.
C.
Safety. Adequate fencing shall be provided as needed to keep children away from hazardous machinery and equipment.
§ 255-183 Radioactivity and electrical disturbances.
A.
No person shall conduct or permit any use to be conducted which causes electrical disturbances, except from domestic household appliances, to adversely affect any equipment outside of the property from which the disturbance is being caused.
B.
No radioactive wastes, as defined by the United States Environmental Protection Agency, shall be disposed of in any district, nor be stored as a principal use. The storage of radioactive wastes shall only be permitted if it occurs as a clearly customary and accessory use to a hospital or laboratory.
§ 255-184 Review to determine compliance with performance standards.
A.
Definition. As used in this chapter, the term "performance standards" shall mean the requirements of Article XXIII.
B.
Intent. The intent of this section is to ensure that all uses, especially industrial uses involving complex or unusual processes, comply with the performance standards of this chapter and do not threaten the public health and safety.
C.
Zoning Hearing Board Review. If a reasonable doubt exists whether a proposed use would meet the performance standards of this chapter, the Zoning Officer may request a determination by the Zoning Hearing Board.
(1)
If the Zoning Hearing Board determines that there is a potential threat that a use would not comply with the performance standards of this chapter, the Zoning Hearing Board may require an applicant to submit sufficient information on any storage, manufacture or processing of materials that might involve explosive, toxic, hazardous or radioactive substances to determine whether the use would meet the performance requirements of this chapter.
D.
Studies may be required.
(1)
As part of a review by the Zoning Hearing Board of a special exception use or a determination requested by the Zoning Officer, the Zoning Hearing Board may require an applicant for a permit under this chapter to fund such reasonable and necessary studies to determine the use's compliance with the performance standards. Such studies shall be completed by the expert(s) selected by the Zoning Hearing Board, upon recommendation of the Borough staff. Such studies should, whenever possible, be completed in written form within 45 days of the application for a permit under this chapter.
(2)
Cooperation. The applicant shall be required to provide such information to the designated reviewer as to allow an accurate determination of potential hazards.
E.
Monitoring. If a reasonable doubt exists that a use would violate the performance standards, the Zoning Hearing Board may require a use to fund such reasonable and necessary monitoring to ensure its compliance.
F.
Backup systems. The Zoning Hearing Board may require a use to provide a separate secondary safeguard system to protect the public from serious nuisances and hazards under the performance standards.
G.
Fire standards. (See the Borough Fire Prevention Code.)
§ 255-185 Removal of topsoil.
The permanent stripping and removal of topsoil from any lot is prohibited, except on portions of a lot for which approval has been received to construct a building or paving. This shall not restrict the temporary stockpiling of topsoil during construction, nor routine crop farming practices.
§ 255-186 Sight distance.
§ 255-187 Multiple frontage lots.
A structure to be erected on a multiple frontage lot shall have a front yard for each side of the lot which abuts a public street or avenue, which yard shall meet the dimensions required in the district in which the lot is located. The remaining sides not abutting a public street or avenue shall be considered side yards and shall have the dimensions required for side yards in the district in which the lot is located. No rear yard setback shall be required.
§ 255-188 Subdivision plan.
§ 255-189 Potential access.
No proposed improvement shall be constructed in a manner which unreasonably reduces or eliminates existing or potential access for streets and utility easements to land which may be developed at a future date.
§ 255-190 Height exceptions.
[Amended 2-8-2007 by Ord. No. 2068, approved 2-15-2007]
The height limitations as set forth in the regulations of each district shall not apply to spires of places of worship, belfries, domes, public monuments, communication towers, windmills, chimneys, smokestacks, flagpole masts, elevator shafts, roof areas and other similar projections clearly neither intended nor used for human occupancy.
§ 255-191 Design standards for major uses and buffer yards.
A.
Applicability. This section shall apply to any garden apartment, townhouse, institutional, commercial or industrial use or building that involves one or more new principal buildings.
B.
Access and traffic control.
(1)
No driveway or street to service a use subject to the provisions of this section shall be located within 40 feet from the intersection of any street right-of-way lines.
(2)
When any driveway or street provides access for more than 10 parking spaces, the design shall be subject to review by the Borough Council. No street or driveway shall create significant traffic hazards endangering the public safety.
(3)
The Borough Council may require, upon advice of the Borough Engineer, that the applicant shall install sufficient safety and traffic control devices, including traffic signals, acceleration or deceleration lanes, turning lanes, traffic and lane markings and signs, to avoid safety or congestion hazards.
D.
Landscaping and screening. When required by the regulations for a specific zoning district or use, landscaping and screening shall meet the following regulations:
(1)
All required landscaping and screening shall be in accordance with the approved land development plan. Where no land development plan is required, the Zoning Officer may require a plan to be submitted with the application for a building permit. The required plan shall be drawn to a scale of not less than one inch equals 50 feet and shall include:
(a)
Proposed contours at five-foot or more detailed intervals.
(b)
Location, size and species of all existing trees, with designation as to those which are to be removed and those which are to remain.
(c)
Location, size, spacing and species of all proposed vegetative materials that are being used to meet Borough requirements.
(d)
Outline of all proposed structures, sidewalks, streets and other paved areas.
(2)
No permanent occupancy permit shall be issued until all required landscaping and screening is in place and complies with the approved plans.
(3)
Screening for the purpose of providing a visual barrier shall be composed of plants and trees arranged to be intended to reasonably form a complete visual screen at least six feet high within four years of installation. Evergreen plant screening shall be provided between any principal commercial or industrial use and any contiguous lot line of a primarily residential use.
(4)
A required screen shall be composed of evergreen trees at least four feet in height. If needed to provide room for future growth, such trees shall be planted offset in two parallel rows, with an approximate six-foot minimum distance between the trunks of each of the plants, measured in one continuous direction.
(5)
Any area not used for buildings, structures, paved areas or screening shall be planted with an all-season ground cover and other landscape materials in accordance with the landscaping and screening plan. Existing desirable vegetative materials shall be preserved wherever possible.
(6)
All required plant materials shall be well-maintained, and any that die shall be replaced by the present landowner.
§ 255-192 Reduction of front yard setbacks.
Under the following conditions, in residential or the C-4 Districts, the front yard building setback may be reduced:
A.
Where an existing front building line is established by at least 50% of the properties in block in which the proposed subdivision is located, the Planning Commission may decrease such required setback to conform with such established building setback line.
B.
Where a vacant lot is situated between two lots, each occupied by a principal building which extends into the required front yard, the setback line of such vacant lot may be the average depth of the front yard of such two adjacent occupied lots.
C.
Where a vacant lot adjoins only one lot occupied by a principal building which extends into the required front yard of such occupied lot, the setback line of such vacant lot may be the average depth of the front yard of such adjacent lot and the front yard required for the district in which such vacant lot is located.
§ 255-193 Development over air rights.
A.
Within the C-1 Districts, building development may occur, upon agreement of the Borough Council, within the air rights located over the rights-of-way of dedicated alleys and local or minor streets.
B.
Air rights shall be obtained from the Borough Council through purchases or by a leasing arrangement.
C.
Buildings constructed over air rights shall be used for any purpose allowed within the prevailing zoning district. In case the area occurs in two districts, the most restrictive regulations shall apply.
D.
No air rights over the cartway of a public street may be used for buildings or structures below the twenty-foot level.
§ 255-194 Public water and sewage.
Every principal building shall be served by public water and sewage services. However, if the Borough would allow a dwelling unit without both public water and sewage services, then a minimum lot area of one acre shall apply.
§ 255-195 Traffic impact studies.
This section applies to traffic studies for developments that do not need a zoning change.
A.
Uses requiring a traffic study. At the time of any required preliminary plan submittal for any of the following under the Subdivision and Land Development Ordinance, or when required by the Borough Engineer or Zoning Officer at the time of any application for a conditional use or special exception for any of the following uses, the applicant shall submit a traffic study and a written report:
(1)
More than 120 dwelling units.
(2)
More than 20,000 square feet of total floor area of commercial space.
(3)
More than 30,000 square feet of total floor area of office space.
(4)
Any truck terminal, or more than 60,000 square feet of total floor area of industrial space.
(5)
More than 30,000 square feet of total floor area of institutional space.
(6)
Any use or combination of uses that would generate results greater than 1,500 trips per day.
B.
Scope of study. A traffic study shall meet all the requirements and procedures listed in § 255-246B(7)(d) of this chapter.