Carroll Valley City Zoning Code
PART 14
GENERAL REQUIREMENTS
§ 27-1401 Principal Use.
[Ord. No. 1-2022, 5/10/2022]
Unless specifically provided to the contrary by this chapter, the provisions of this chapter shall be interpreted to allow only one principal use on a lot.
§ 27-1402 Statement of Legislative Intent.
[Ord. No. 1-2022, 5/10/2022]
The following standards shall be applied to all properties within Carroll Valley Borough. These requirements shall supplement requirements that may be found in the zoning district applicable to a specific property, as well as generally applicable standards including, but not necessarily limited to, parking, loading, and signs standards.
§ 27-1403 Corner Lots.
[Ord. No. 1-2022, 5/10/2022]
For all corner lots, the front yard setback or build-to line standard, as may be appropriate and as defined in the underlying zoning district, shall be applied along each adjoining street. The rear setback standard shall be applied to the property line opposite the street to which the property is addressed. The side setback standard shall be applied to all other property lines.
§ 27-1404 Double Frontage Lots.
[Ord. No. 1-2022, 5/10/2022]
For all double frontage lots, the front yard setback or build-to line standard, as may be appropriate and as defined in the underlying zoning district, shall be applied along each adjoining street. The side setback standard shall be applied to all other property lines.
§ 27-1405 Clear Sight Triangle.
[Ord. No. 1-2022, 5/10/2022]
No building, structure, sign, fence, landscape planting, or other property improvement regulated by this chapter may be located within the required clear sight triangle at any street intersection.
§ 27-1406 Accessory Buildings.
[Ord. No. 1-2022, 5/10/2022; amended by Ord. No. 4-2023, 10/10/2023]
1.
Accessory buildings shall be permitted in accordance with § 27-1913 herein, along with the following criteria.
A.
Accessory buildings or structures shall only be authorized as an accessory to a principal building. Any parcel not containing a primary structure is not permitted to have an accessory building or accessory structure.
B.
Accessory buildings not permanently affixed to the land via footer/foundation and less than or equal to 300 square feet in size shall be located no closer than 10 feet to any side or rear property line and are not permitted within the front yard.
C.
Accessory buildings not permanently affixed to the land via footer/foundation and greater than 300 square feet in size shall be subject to the applicable setback requirements of the underlying zoning district and are not permitted within the front yard.
D.
Accessory buildings permanently affixed to the land via footer/foundation and less than or equal to 300 square feet in size shall be located no closer than 10 feet to any side or rear property line and are not permitted within the front yard.
E.
Accessory buildings permanently affixed to the land via footer/foundation and greater than 300 square feet in size shall be subject to the applicable setback requirements of the underlying zoning district and may be located within the front yard.
F.
Regardless of size, no accessory structure can be located within the front yard area between the primary structure and the public street.
G.
All accessory buildings shall be subject to the building height standard of the underlying zoning district.
§ 27-1407 Fences.
[Ord. No. 1-2022, 5/10/2022]
1.
Fences shall be permitted as an accessory structure in accordance with the following requirements.
A.
Maximum Height - Front Yards. The maximum fence height in the R1, R2, and R3 Districts shall be four feet. The maximum fence height in the A, C, and CC Districts shall be six feet.
B.
Maximum Height - Side and Rear Yards. The maximum fence height in the R1, R2 and R3 Districts shall be six feet. The maximum fence height in the A, C, and CC Districts shall be eight feet.
C.
Nonconforming Uses. For nonconforming uses, the maximum fence height shall be the maximum fence height authorized within the zoning district where the nonconforming use would be a permitted use.
D.
Hazardous Attachments. No fence in the R1, R2, and R3 Districts or on residential properties in the A, C, and CC Districts shall include barbed wire or similar hazardous attachments. Nonresidential properties in the A, C, and CC Districts may include no more than three strands of barbed wire or may include wrought iron spikes.
F.
Setbacks. Fences shall not be subject to the setback requirements of the underlying zoning district. However, fences shall be subject to a three-foot setback from any right-of-way along a public or private street.
§ 27-1408 Swimming Pools.
[Ord. No. 1-2022, 5/10/2022]
1.
Swimming pools shall be permitted as an accessory structure in accordance with the following requirements.
A.
A zoning permit shall be required for any swimming pool that requires permitting under the Pennsylvania Uniform Construction Code.
B.
Swimming pools shall be located within a side or rear yard. Swimming pools shall not be permitted to be located in a front yard.
C.
Any swimming pool with a surface area of 150 square feet or a depth greater than two feet shall be surrounded by a fence or wall of no less than four feet in height. All gates or doors though said fence shall be provided with a self-closing, self-locking mechanism. These standards shall not be applicable to aboveground swimming pools of at least 3 1/2 feet above ground level.
§ 27-1409 Solar Panels.
[Ord. No. 1-2022, 5/10/2022]
1.
Use of solar panels shall be permitted as an accessory structure in all zoning districts in accordance with the following standards.
A.
Solar Panels — Roof Mounted. Roof-mounted solar panels shall be permitted in accordance with the following standards.
(1)
Roof-mounted solar panels shall comply with the maximum building height requirements of the zoning district where the installation of the solar panel is proposed.
(2)
On pitched roofs, roof-mounted solar panels shall be installed as close to parallel as possible to the pitch of the roof while not sacrificing the efficiency of the solar panel.
(3)
On flat roofs, roof-mounted solar panels may be installed at an angle to improve the efficiency of the solar panel with regard to the predominant sun angle, provided that the solar panel is placed in a manner to minimize its visibility from street level. In no case may solar panels extend more than five feet above the top of a flat roof.
B.
Solar Panels — Ground Mounted. Ground-mounted solar panels shall be permitted in accordance with the following standards.
(1)
Ground-mounted solar panels shall comply with the setback requirements of the district where the installation of the solar panel is proposed.
(2)
Ground-mounted solar panels shall not be permitted by right in any front yard. The Zoning Hearing Board may authorize, by special exception, the installation of a ground-mounted solar panel in a front yard if the applicant demonstrates that, due to solar access limitations, no location exists on the property other than the front yard where the solar panel can perform effectively.
(3)
Ground-mounted solar panels shall not exceed a height of 10 feet.
(4)
Glare from ground-mounted solar panels shall be directed away from adjoining properties or street rights-of-way. Fences or vegetative screens may be utilized to prevent glare from impacting adjoining properties or street rights-of-way.
C.
General Requirements. The following requirements shall apply to all solar panel installations:
(1)
Building Permit Required. The installation of solar panels shall be subject any permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC) in addition to any permitting required to demonstrate compliance with the provisions of this chapter. Issuance of any required building permitting shall be listed as a condition of approval for the zoning permit required by this chapter.
(2)
Purpose of Facility. The primary purpose of a solar panel installation shall be to provide power for the principal use of the property where the installation of said power generation is proposed. The primary purposes of the facility shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time.
§ 27-1410 Wind Turbines.
[Ord. No. 1-2022, 5/10/2022]
1.
Use of wind turbines shall be permitted as an accessory structure in all zoning districts in accordance with the following standards:
A.
Performance Standards — Residential Properties.
(1)
Wind turbines shall be set back from all property lines a distance equal to the height of the tower supporting the wind turbine, unless the tower is equipped with a structural break point, in which case the wind turbine shall be set back a distance equal to the height of the structural break point above ground level. The structural break point shall be located a minimum of 1/2 the height of the tower.
(2)
The maximum height of the wind turbine shall be equal to the maximum height standard of the zoning district within which the wind turbine is proposed.
(3)
Wind turbines shall not be permitted in any front yard.
(4)
Only one wind turbine shall be permitted on any property.
(5)
Sound produced by a wind turbine shall not exceed 55 decibels at the property line. The maximum sound level may only be exceeded during wind storms or power utility outages.
B.
Performance Standards — Nonresidential (including Agricultural) Properties.
(1)
Wind turbines shall be set back from all property lines a distance equal to the height of the tower supporting the wind turbine unless the tower is equipped with a structural break point, in which case the wind turbine shall be set back a distance equal to the height of the structural break point above ground level. The structural break point shall be located a minimum of 1/2 the height of the tower.
(2)
The maximum height of the wind turbine shall not exceed 150% of the maximum building height for the zoning district where installation of the wind turbine is proposed.
(3)
Wind turbines shall not be permitted in any front yard.
(4)
Sound produced by a wind turbine shall not exceed 65 decibels at the property line. The maximum sound level may only be exceeded during wind storms or power utility outages.
C.
General Requirements. The following requirements shall apply to all wind turbine installations:
(1)
Building Permit Required. The installation of wind turbines shall be subject any permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC) in addition to any permitting required to demonstrate compliance with the provisions of this chapter. Issuance of any required building permitting shall be listed as a condition of approval for the zoning permit required by this chapter.
(2)
Purpose of Facility. The primary purpose of a wind turbine installation shall be to provide power for the principal use of the property where the installation of said power generation is proposed. The primary purposes of the facility shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time.
(3)
Wind turbines shall not project into any airport surface zones as established in the Airport Overlay (AO) District of this chapter.
(4)
Wind turbines shall be an unobtrusive color, such as white, off-white, gray, or other color that blends with the surroundings.
(5)
Wind turbines that no longer function or that have not produced electricity for a period of 120 or more days shall be removed within 180 days of the cessation or electricity production.
§ 27-1411 Outdoor Wood-Fired Boilers.
[Ord. No. 1-2022, 5/10/2022]
1.
The use of outdoor wood-fired boilers shall be permitted as an accessory structure in accordance with the following standards:
A.
Locations Authorized. The use of outdoor wood-fired boilers is permitted in the A and C Districts. The use of outdoor wood-fired boilers is not permitted in the R1, R2, R3, and CC Districts.
B.
Performance Standards. The use of outdoor wood-fired boilers shall comply with the following performance standards:
(1)
Boiler Type. Only Phase 2 outdoor wood-fired boilers shall be permitted.
(2)
Setbacks. No outdoor wood-fired boiler shall be located closer than 150 feet from any property line.
(3)
Stack Height. All outdoor wood-fired boilers shall be installed with a permanent attached stack with a minimum stack height of 10 feet above ground level.
(4)
Fuel Requirements. Fuel for outdoor wood-fired boilers shall be limited to the following. Use of fuel sources not listed below shall be considered to be a violation of this chapter.
(5)
Number. There shall be no more than one outdoor wood-fired boiler on any property.
(6)
Building Permit Required. The installation of outdoor wood-fired boilers shall be subject any permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC) in addition to any permitting required to demonstrate compliance with the provisions of this chapter. Issuance of any required building permitting shall be listed as a condition of approval for the zoning permit required by this chapter.
§ 27-1412 On-Roof Equipment.
[Ord. No. 1-2022, 5/10/2022]
Fans, skylights, cooling towers, vents, heating and cooling equipment, and any other similar on-roof equipment shall be effectively shielded from view from any public or private street by an architecturally sound method. Such method shall be documented on the zoning permit application for the building or building addition to which said on-roof equipment is associated.
§ 27-1413 Height Regulation Exemptions.
[Ord. No. 1-2022, 5/10/2022]
Chimneys, flues, spires, cupola domes, and similar accessory building components that do not constitute livable or occupied space in a building shall be exempt from the maximum height regulations of this chapter.
§ 27-1414 Projections Into Setbacks.
[Ord. No. 1-2022, 5/10/2022]
1.
The following standards shall be applied to instances where architectural or other related building features are proposed to extend into setbacks as may be established by this chapter:
A.
Cornices, canopies, eaves, or other similar architectural features may project into front, side, or rear setbacks a maximum of one foot.
B.
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys may project into front, side, or rear setbacks and maximum of three feet.
C.
The above requirements shall not be applied in a manner that would allow architectural or building features to project across a property line or into a street right-of-way.
§ 27-1415 Heavy Equipment Storage.
[Ord. No. 1-2022, 5/10/2022]
1.
Purpose. This section establishes minimum standards and permit requirements for the storage of heavy equipment used by individual contractors/drivers for off-site commercial jobs in conjunction with their primary residence. This section does not apply to heavy equipment and vehicles used primarily for on-site maintenance and/or on-site agricultural activities or heavy-duty vehicles with an unladen weight of less than 7,000 pounds that are used for primary transportation to and from a property either for private or commercial purposes. This section additionally does not apply to recreational vehicles or horse trailers.
2.
Location/Applicability. This section applies to properties within the R1, R2, and R3 Districts.
3.
Definition. For the purposes of this section, "heavy equipment storage" includes the storage of all heavy equipment, such as graders, excavators, bulldozers, backhoes, skid streets and similar equipment; and/or commercial vehicles over 7,000 pounds' gross vehicle weight, truck tractors and/or trailers, commercial and/or construction trailers/equipment, including, but not limited to, backhoes, dump trucks over 7,000 pounds' gross vehicle weight, cranes and forklifts, and school buses.
4.
Authorized Heavy Equipment Storage.
A.
For parcels less than or equal to two acres, the storage of one piece of heavy equipment in conjunction with a primary residence is a permitted use. Heavy equipment stored for the purpose of commercial use off site is not a permitted use in residential districts, or as an accessory to a home-based business or occupation.
B.
For parcels greater than two acres the storage of up to two pieces of heavy equipment in conjunction with a primary residence is a permitted use. Heavy equipment stored for the purpose of commercial use off site is not a permitted use in residential districts, or as an accessory to a home-based business or occupation.
5.
Standards. All heavy equipment storage sites shall comply with the following standards:
A.
The heavy equipment and vehicle storage area may not exceed 1/2 acre in size. All regulated vehicles shall be stored in this area.
B.
The storage area shall be set back from property lines in accordance with the setbacks of the underlying zoning district.
C.
All heavy equipment vehicles shall be screened from direct view from any adjacent public or private right-of-way or private easement through vegetation, or approved fencing/walls or other approved means.
D.
No heavy mechanical work is allowed. Light maintenance such as fluid changes, tire changes, and other minor repairs are permitted.
E.
Inoperative vehicles are not permitted to be stored at the site.
F.
Heavy equipment vehicles shall not idle longer than five minutes at the site prior to leaving or upon return.
G.
Storage of oil, gas, or other fluids/materials associated with the maintenance of heavy vehicles must comply with state law regulating the storage of hazardous materials.
H.
Commercial storage of construction related material, such as aggregate, sand, soil or debris is prohibited.
I.
Measures shall be taken to prevent leaks and spills. Any leaks and spills shall be immediately addressed.
J.
In no case shall such heavy equipment be parked within 100 feet of any adjoining property. This subsection shall not apply to local deliveries, loading or unloading, or construction equipment used at a construction job site. When loading or unloading, said vehicles shall not be permitted to have their engines, generators or refrigeration units of any sort in operation for a period exceeding a total of 30 minutes in any twenty-four hour period. Truck tractors and/or trailers used for residential moving purposes shall be permitted to park for period not to exceed 24 hours.
§ 27-1416 Unenclosed Storage and/or Parking.
[Ord. No. 1-2022, 5/10/2022]
1.
Purpose. This section establishes storage and parking requirements for recreational vehicles, travel trailers, trucks, boats, and trailers.
2.
Location/Applicability. This section applies to property within the R1, R2, and R3 Districts, and to all residential property in any other zoning district.
3.
Standards.
A.
Recreational vehicles, travel trailers, truck tractors, boats and trailers are not permitted to be parked on a public street or highway, including those intended for dedication.
B.
Travel trailers, boats, and trailers may be parked on a property in accordance with the following requirements:
[Amended by Ord. No. 3-2023, 7/11/2023]
(1)
The storage of three such vehicles shall be permitted. Such vehicle(s) is permitted to be parked in any yard as long as no portion of the vehicle (including tongue) is located within any public right-of-way, on or above any public sidewalk or easement, or within the building setback distances as specified for accessory structures in the respective zoning district where the subject property is located.
(2)
The storage of a fourth travel trailer, boat, or trailer shall be permitted if the gross lot size is equal to or greater than two acres, as derived from a recorded deed and/or recorded subdivision plan. The additional vehicle shall be permitted in any yard, and no portion of the vehicle (including tongue) shall be located within any public right-of-way, on or above any public sidewalk or easement, or within the building setback distances as specified for accessory structures in the respective zoning district where the subject property is located.
(3)
All areas used for storage shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. Storage of such vehicle shall not exempt the property owner from any property maintenance requirement of this chapter or any other Borough ordinance.
(4)
All vehicles shall maintain valid registration and inspection and prevent the leakage of fuels and/or lubricants into the ground.