In addition to the general standards for all special exceptions as contained in § 224-43, the specific standards for the particular uses allowed by special exception are set forth in this article. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception for such uses in applicable zones.
§ 224-45 Adult-oriented facility.
In the C-H Zone and subject to the requirements of that zone except as herein modified and provided:
No materials, merchandise, film or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.
Any building or structure used and occupied as an adult-oriented facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed and no sale materials, merchandise, film or offered items of service or entertainment shall be visible from outside the structure.
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
Each and every entrance to the structure shall be posted with a notice that the use is an adult facility; that persons under the age of 18 are not permitted to enter; and warning all others that they may be offended upon entry.
Parking shall be established at the minimum ratio of one parking space for each 100 square feet of gross floor area and one parking space for each employee.
§ 224-46 Animal hospital; kennel.
In the C-H, S or I-G Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Satisfactory evidence must be presented to indicate that adequate disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.
Where the use directly abuts a residential use or zone, buffers and screens shall be provided as necessary to adequately protect the residential use(s). This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-47 Apartment in conjunction with a commercial establishment.
In the C-S Zone and subject to the requirements of that zone except as herein modified and provided:
A minimum of 400 square feet of open area must be provided for each dwelling unit, i.e., that part of the lot not covered by buildings or structures must contain 400 square feet for each dwelling unit.
All parking, habitable floor area and other applicable requirements of this chapter shall be satisfied for the apartment in addition to those required for the commercial use.
For automobile, recreational vehicle or trailer sales, the lot must be improved with an automobile, recreational vehicle or trailer display building devoted exclusively to the display of automobiles, recreational vehicles or trailers.
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the service repair operation shall be permitted.
All structures housing washing apparatus shall be set back at least 50 feet from any street right-of-way line and 20 feet from any side or rear lot line.
Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Buffers and screens at least six feet high shall be provided to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
To protect other vehicles and pedestrians in the immediate area of such a use, railing, fencing, posts and chains or similar protective barricades must be located on the perimeter of the parking areas except at access drives or exits.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Where the use abuts a residential use(s), buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-57 Convalescent home, nursing home or hospital.
In the R-O, R-T or C-S Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation), access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
Buffers and screens at least six feet high shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
The facility shall obtain a certificate of licensure from the Pennsylvania Department of Public Welfare and shall provide a copy of said certificate to the Borough prior to occupancy approval by Dallastown Borough.
Outdoor play areas for children must be located in a side or rear yard and shall be sufficiently enclosed so as to provide for the health and safety of the children as determined by the Zoning Hearing Board.
Where the use abuts a residential use(s), buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-59 Day-care home (family or group).
In the R-O or R-T Zone and subject to the requirements of the zone in which located except as herein modified and provided:
The facility shall obtain a certificate of registration from the Pennsylvania Department of Public Welfare and shall provide a copy of said certificate to the Borough prior to occupancy approval by Dallastown Borough.
Outdoor play areas for children must be located in a side yard or to the rear of the dwelling to provide for the health and safety of the children as determined by the Zoning Hearing Board.
The domiciliary care home must be owner occupied and only family members residing on the premises shall provide the care associated with a domiciliary care facility.
Buffers and screens at least six feet height shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open space.
§ 224-62 Funeral home.
In the R-O or R-T Zone and subject to the requirements of the zone in which located except as herein modified and provided:
A buffer yard at least 20 feet in width must be located on the site in all instances where the site adjoins a residential use. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking or loading.
In addition, screening shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-63 Greenhouse; horticultural nursery.
In the S Zone and subject to the requirements of that zone except as herein modified and provided:
The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display and sales area for such items shall be limited to a total of 25% of the gross display and sales area of the property.
One freestanding or attached sign advertising the use may be permitted, the maximum size of which shall be 30 square feet. Such a sign must be at least 20 feet from all lot lines.
§ 224-64 Group quarters.
In the C-S Zone and subject to the requirements of that zone except as herein modified and provided:
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require such facilities if the affiliated institution provides them elsewhere.
Group quarters may be an accessory or principal use but must be directly affiliated with a parent religious, educational, charitable or philanthropic institution.
§ 224-65 Halfway house.
In the C-S Zone and subject to the requirements of that zone except as herein modified and provided:
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require any kitchen and dining facilities if an affiliated institution provides them elsewhere.
Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation), access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
A buffer yard 50 feet wide must be located on the site in all instances where the site adjoins a residential use or zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage.
Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No material may be stored so as to create a public health hazard or a public nuisance.
The in-law quarters shall be an integral part of the primary residence, with an interior connection such that, upon the termination of its use as an in-law quarters, the rooms may be incorporated back into the original single-family residence.
Additions. Additions to an existing single-family detached dwelling designed to allow the creation of an in-law quarters in that dwelling shall be permitted; provided that yard and building coverage requirements of this chapter are maintained and the addition will facilitate the creation of an otherwise allowed in-law quarters in a logical manner considering design, layout and safety factors.
Alterations to the exterior of the existing dwelling, other than those to improve the maintenance and attractiveness of the dwelling, shall be minimized; after creation of the in-law quarters, the building shall maintain the usual appearance of a single-family detached dwelling and shall remain compatible with the character of the surrounding neighborhood.
The converted dwelling shall have no more than the existing number of entrances along the front of the building. All other entrances to either the principal or accessory dwelling units shall be located on the side or rear of the building.
Necessary changes in the number or placement of windows to provide adequate light and air will be allowed but shall be minimized; any changes which occur must be done in a manner consistent with the architectural character of the dwelling.
Parking. A minimum of one all-weather off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the in-law quarters, in addition to that required for the original single-family detached dwelling unit.
The single-family detached dwelling and the in-law quarters shall conform to all requirements of the applicable building, health, fire and sanitary codes which regulate structural soundness, overcrowding, fire protection, sewage disposal and water supply.
If an on-site sewer or water system is to be used, the applicant shall submit evidence to the Zoning Officer showing that the total number of occupants in the single-family detached dwelling and the in-law quarters will not exceed the maximum capacities for which the original single-family detached dwelling was designed, unless those systems are to be expanded, in which case the Expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Sewage Enforcement Officer.
Recording. The owner of the property shall execute an agreement with the Borough, which shall be recorded with the Office of the Recorder of Deeds in and for York County, Pennsylvania, which shall require the immediate removal of all food preparation facilities from the in-law quarters at such time as the unit is no longer being utilized as an in-law quarters and shall set forth the limitations in this section as to the use and occupancy of the in-law quarters.
Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation), access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties because of hours of operation, noise, light, litter, dust and pollution.
Where the use abuts a residential use(s), buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-69 Industrial park.
In the I-G Zone and subject to the requirements of that zone except as herein modified and provided:
Buffers and screens. When adjacent to a residential zone, a buffer yard of not less than 100 feet shall be maintained on each side adjoining the residential zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for buildings or loading; however, parking is permitted within the interior 25 feet of the one-hundred-foot buffer. Screening shall be provided as necessary to protect neighboring properties in a residential zone (i.e., to screen from view the industrial uses.)
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:
All entrances to parts of the building in which these accessory services are provided shall be from within the building and any direct access from the street is prohibited.
In the R-O and R-T Zones signs or other evidence advertising or indicating the provision of these services visible from outside the building are prohibited; except that there may be erected one sign not exceeding two square feet in area attached to the building, any illumination thereof being white, nonflashing and limited to an enclosed lamp design.
§ 224-71 Mini-storage facility.
In the I-G Zone and subject to the requirements of that zone except as herein modified and provided:
Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle and at least 30 feet wide where access to storage units is on both sides of the aisle.
The servicing or repair of stored equipment shall not be conducted on the premises. Also no business activities, other than rental of storage units, shall be conducted on the premises.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Each mobile home lot (not including street right-of-way) must not be less than 10,000 square feet in area and not less than 80 feet wide at the street right-of-way line.
The setback of all buildings and structures within the mobile home park shall comply with the setback requirements for the zone in which located (i.e., where setbacks on street frontage and adjoining property lines are concerned, the setbacks for the zone apply to the mobile home park as a single lot). Setbacks for each individual mobile home lot within the mobile home park are listed in Subsection E of this section.
Setback requirements for individual mobile home lots. Each mobile home lot within the mobile home park shall adhere to the following minimum setback requirements (however, in no case shall the distance between any two mobile homes be less than 30 feet in any direction).
The Zoning Hearing Board may require suitable screen planting or may further restrict the proximity of mobile homes or other improvement to adjoining properties or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.
Where the use abuts a residential use, buffers and screens shall be provided as necessary to adequately protect the residential neighboring property. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-75 Multifamily dwelling (no conversion from single-family dwelling).
In an R-O or R-T Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Density. A maximum of six dwelling units per acre shall be permitted in the R-O Zone. A maximum of eight dwelling units per acre shall be permitted in the R-T Zone.
Distance between buildings. Where two or more multifamily dwellings are located on a single lot, the minimum distance between principal buildings shall be 40 feet.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Expansion of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendment thereto creating the nonconformity.
The total of all such expansion shall not exceed an additional 35% of the area of those buildings, structures or land area devoted to the nonconforming use as they existed on the date on which such buildings, structures or use first became nonconformities.
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
Appearance should be harmonious with surrounding properties. This feature includes but is not limited to landscaping, enclosure of principal and accessory uses, height control, sign control and maintenance in good condition of all improvements and open spaces.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation), access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties because of hours of operation, noise, light, litter, dust and pollution.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-78 Park or other recreation area of a nonprofit nature.
In the R-O, R-T or S Zone and subject to the requirements of the zone in which located except as herein modified and provided:
The Zoning Hearing Board shall review and decide upon the appropriateness of the design of parking, lighting and similar features of the proposed use to minimize adverse impacts on adjacent properties.
The applicant must secure a license from the Pennsylvania Department of Public Welfare and submit a copy of said license to the Borough prior to occupancy approval by Dallastown Borough.
Outdoor storage of materials shall be prohibited within the residential zones. Outdoor storage in other zones shall be completely enclosed with a six-foot-high fence and screened from adjoining streets and properties.
The use may be exempted from lot coverage and open area requirements, provided that the Borough Engineer has approved the stormwater management plan and other design aspects of the site.
To protect other vehicles and pedestrians in the immediate area of such a use, railing, fencing, posts and chains or similar protective barricades must be located on the perimeter of the parking areas except at access drives or exits.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
The permitted building or structure shall not include the storage of vehicles or equipment used in the maintenance of any utility, and no equipment causing unreasonable noise, vibration, smoke, odor or hazardous effect shall be installed.
Unhoused equipment shall be enclosed with a fence or wall not less than six feet in height which shall be so constructed as not to have openings, holes or gaps larger than two inches in any dimension. Such fence must be surrounded by evergreen plantings.
There shall be no specific minimum lot size; however, each lot shall provide front, side and rear setbacks which comply with the requirements of the zone in which located. Such uses shall be exempt from lot coverage and open area requirements of the zone in which located, provided that the stormwater management plan is approved by the Borough Engineer.
§ 224-83 Rooming house.
In a C-S or R-T Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Any structure proposed as a rooming house or boardinghouse shall have a habitable floor area in addition to that required for the person or family operating the facility of at least 250 square feet for each roomer or boarder.
All rooming houses and boardinghouses shall comply with all applicable local regulations, including but not limited to fire, health, safety and building codes.
§ 224-84 Service station or convenience store dispensing fuel.
In the C-S or C-H Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Gasoline pumps and all service equipment must be set back at least 20 feet from any lot line or street right-of-way line and located so that vehicles stopped for service will not extend over the property line.
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall, fence or vegetative material and screened from view of adjoining properties shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
A buffer yard at least 20 feet wide must be provided on the site in all instances where the site adjoins a residential zone or use. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes. In addition, screening shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls and plantings.
§ 224-86 Single-family attached dwelling.
In the R-T Zone and subject to the requirements of that zone except as herein modified and provided:
Any processing of solid waste, including but not limited to incineration, compaction, material separation, recycling, refuse-derived fuel and pyrolysis, shall be conducted within a wholly enclosed building.
A buffer yard at least 50 feet wide shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this area. The buffer shall be naturally landscaped and have no impervious cover.
Any area used for the unloading, transfer, storage, processing or incineration of refuse must be completely screened from ground-level view at the property line. In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no openings greater than two inches in any direction.
Access to the site shall be limited to those times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other means designed to deny access to the area at unauthorized times or locations.
Any waste that cannot be used in any disposal process or material that is to be recycled shall be stored in leakproof and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water.
All storage of solid waste shall be indoors in a manner that is leakproof and vectorproof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation.
The applicant shall submit an analysis of raw water needs indicating the quantity of water required. The applicant shall also submit documentation that the public water authority will supply the water needed.
The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to ensure safe turning movements to and from the site and safe through movement on the existing road.
The applicant shall submit proof that the proposed facility complies with the regulations of the Department of Environmental Protection and has been permitted in writing by said agency.
§ 224-88 Tavern.
In the C-S Zone and subject to the requirements of that zone except as herein modified and provided:
Buffers and screens shall be provided as necessary to adequately protect neighboring properties from any adverse effects of the use or vehicular traffic. This includes but is not limited to fences, walls, plantings and open spaces.
A buffer yard at least 50 feet wide must be located on the terminal site in all situations where the site adjoins a residential zone. This yard shall be naturally landscaped, have no impervious cover and shall not be used for parking, building, loading or storage purposes.
Dallastown City Zoning Code
ARTICLE VI
Special Exception Uses
§ 224-44 Requirement of specific standards.
In addition to the general standards for all special exceptions as contained in § 224-43, the specific standards for the particular uses allowed by special exception are set forth in this article. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception for such uses in applicable zones.
§ 224-45 Adult-oriented facility.
In the C-H Zone and subject to the requirements of that zone except as herein modified and provided:
No materials, merchandise, film or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.
Any building or structure used and occupied as an adult-oriented facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed and no sale materials, merchandise, film or offered items of service or entertainment shall be visible from outside the structure.
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
Each and every entrance to the structure shall be posted with a notice that the use is an adult facility; that persons under the age of 18 are not permitted to enter; and warning all others that they may be offended upon entry.
Parking shall be established at the minimum ratio of one parking space for each 100 square feet of gross floor area and one parking space for each employee.
§ 224-46 Animal hospital; kennel.
In the C-H, S or I-G Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Satisfactory evidence must be presented to indicate that adequate disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.
Where the use directly abuts a residential use or zone, buffers and screens shall be provided as necessary to adequately protect the residential use(s). This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-47 Apartment in conjunction with a commercial establishment.
In the C-S Zone and subject to the requirements of that zone except as herein modified and provided:
A minimum of 400 square feet of open area must be provided for each dwelling unit, i.e., that part of the lot not covered by buildings or structures must contain 400 square feet for each dwelling unit.
All parking, habitable floor area and other applicable requirements of this chapter shall be satisfied for the apartment in addition to those required for the commercial use.
For automobile, recreational vehicle or trailer sales, the lot must be improved with an automobile, recreational vehicle or trailer display building devoted exclusively to the display of automobiles, recreational vehicles or trailers.
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the service repair operation shall be permitted.
All structures housing washing apparatus shall be set back at least 50 feet from any street right-of-way line and 20 feet from any side or rear lot line.
Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Buffers and screens at least six feet high shall be provided to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
To protect other vehicles and pedestrians in the immediate area of such a use, railing, fencing, posts and chains or similar protective barricades must be located on the perimeter of the parking areas except at access drives or exits.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Where the use abuts a residential use(s), buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-57 Convalescent home, nursing home or hospital.
In the R-O, R-T or C-S Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation), access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
Buffers and screens at least six feet high shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
The facility shall obtain a certificate of licensure from the Pennsylvania Department of Public Welfare and shall provide a copy of said certificate to the Borough prior to occupancy approval by Dallastown Borough.
Outdoor play areas for children must be located in a side or rear yard and shall be sufficiently enclosed so as to provide for the health and safety of the children as determined by the Zoning Hearing Board.
Where the use abuts a residential use(s), buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-59 Day-care home (family or group).
In the R-O or R-T Zone and subject to the requirements of the zone in which located except as herein modified and provided:
The facility shall obtain a certificate of registration from the Pennsylvania Department of Public Welfare and shall provide a copy of said certificate to the Borough prior to occupancy approval by Dallastown Borough.
Outdoor play areas for children must be located in a side yard or to the rear of the dwelling to provide for the health and safety of the children as determined by the Zoning Hearing Board.
The domiciliary care home must be owner occupied and only family members residing on the premises shall provide the care associated with a domiciliary care facility.
Buffers and screens at least six feet height shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open space.
§ 224-62 Funeral home.
In the R-O or R-T Zone and subject to the requirements of the zone in which located except as herein modified and provided:
A buffer yard at least 20 feet in width must be located on the site in all instances where the site adjoins a residential use. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking or loading.
In addition, screening shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-63 Greenhouse; horticultural nursery.
In the S Zone and subject to the requirements of that zone except as herein modified and provided:
The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display and sales area for such items shall be limited to a total of 25% of the gross display and sales area of the property.
One freestanding or attached sign advertising the use may be permitted, the maximum size of which shall be 30 square feet. Such a sign must be at least 20 feet from all lot lines.
§ 224-64 Group quarters.
In the C-S Zone and subject to the requirements of that zone except as herein modified and provided:
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require such facilities if the affiliated institution provides them elsewhere.
Group quarters may be an accessory or principal use but must be directly affiliated with a parent religious, educational, charitable or philanthropic institution.
§ 224-65 Halfway house.
In the C-S Zone and subject to the requirements of that zone except as herein modified and provided:
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require any kitchen and dining facilities if an affiliated institution provides them elsewhere.
Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation), access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
A buffer yard 50 feet wide must be located on the site in all instances where the site adjoins a residential use or zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage.
Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No material may be stored so as to create a public health hazard or a public nuisance.
The in-law quarters shall be an integral part of the primary residence, with an interior connection such that, upon the termination of its use as an in-law quarters, the rooms may be incorporated back into the original single-family residence.
Additions. Additions to an existing single-family detached dwelling designed to allow the creation of an in-law quarters in that dwelling shall be permitted; provided that yard and building coverage requirements of this chapter are maintained and the addition will facilitate the creation of an otherwise allowed in-law quarters in a logical manner considering design, layout and safety factors.
Alterations to the exterior of the existing dwelling, other than those to improve the maintenance and attractiveness of the dwelling, shall be minimized; after creation of the in-law quarters, the building shall maintain the usual appearance of a single-family detached dwelling and shall remain compatible with the character of the surrounding neighborhood.
The converted dwelling shall have no more than the existing number of entrances along the front of the building. All other entrances to either the principal or accessory dwelling units shall be located on the side or rear of the building.
Necessary changes in the number or placement of windows to provide adequate light and air will be allowed but shall be minimized; any changes which occur must be done in a manner consistent with the architectural character of the dwelling.
Parking. A minimum of one all-weather off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the in-law quarters, in addition to that required for the original single-family detached dwelling unit.
The single-family detached dwelling and the in-law quarters shall conform to all requirements of the applicable building, health, fire and sanitary codes which regulate structural soundness, overcrowding, fire protection, sewage disposal and water supply.
If an on-site sewer or water system is to be used, the applicant shall submit evidence to the Zoning Officer showing that the total number of occupants in the single-family detached dwelling and the in-law quarters will not exceed the maximum capacities for which the original single-family detached dwelling was designed, unless those systems are to be expanded, in which case the Expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Sewage Enforcement Officer.
Recording. The owner of the property shall execute an agreement with the Borough, which shall be recorded with the Office of the Recorder of Deeds in and for York County, Pennsylvania, which shall require the immediate removal of all food preparation facilities from the in-law quarters at such time as the unit is no longer being utilized as an in-law quarters and shall set forth the limitations in this section as to the use and occupancy of the in-law quarters.
Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation), access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties because of hours of operation, noise, light, litter, dust and pollution.
Where the use abuts a residential use(s), buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-69 Industrial park.
In the I-G Zone and subject to the requirements of that zone except as herein modified and provided:
Buffers and screens. When adjacent to a residential zone, a buffer yard of not less than 100 feet shall be maintained on each side adjoining the residential zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for buildings or loading; however, parking is permitted within the interior 25 feet of the one-hundred-foot buffer. Screening shall be provided as necessary to protect neighboring properties in a residential zone (i.e., to screen from view the industrial uses.)
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:
All entrances to parts of the building in which these accessory services are provided shall be from within the building and any direct access from the street is prohibited.
In the R-O and R-T Zones signs or other evidence advertising or indicating the provision of these services visible from outside the building are prohibited; except that there may be erected one sign not exceeding two square feet in area attached to the building, any illumination thereof being white, nonflashing and limited to an enclosed lamp design.
§ 224-71 Mini-storage facility.
In the I-G Zone and subject to the requirements of that zone except as herein modified and provided:
Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle and at least 30 feet wide where access to storage units is on both sides of the aisle.
The servicing or repair of stored equipment shall not be conducted on the premises. Also no business activities, other than rental of storage units, shall be conducted on the premises.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Each mobile home lot (not including street right-of-way) must not be less than 10,000 square feet in area and not less than 80 feet wide at the street right-of-way line.
The setback of all buildings and structures within the mobile home park shall comply with the setback requirements for the zone in which located (i.e., where setbacks on street frontage and adjoining property lines are concerned, the setbacks for the zone apply to the mobile home park as a single lot). Setbacks for each individual mobile home lot within the mobile home park are listed in Subsection E of this section.
Setback requirements for individual mobile home lots. Each mobile home lot within the mobile home park shall adhere to the following minimum setback requirements (however, in no case shall the distance between any two mobile homes be less than 30 feet in any direction).
The Zoning Hearing Board may require suitable screen planting or may further restrict the proximity of mobile homes or other improvement to adjoining properties or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.
Where the use abuts a residential use, buffers and screens shall be provided as necessary to adequately protect the residential neighboring property. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-75 Multifamily dwelling (no conversion from single-family dwelling).
In an R-O or R-T Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Density. A maximum of six dwelling units per acre shall be permitted in the R-O Zone. A maximum of eight dwelling units per acre shall be permitted in the R-T Zone.
Distance between buildings. Where two or more multifamily dwellings are located on a single lot, the minimum distance between principal buildings shall be 40 feet.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Expansion of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendment thereto creating the nonconformity.
The total of all such expansion shall not exceed an additional 35% of the area of those buildings, structures or land area devoted to the nonconforming use as they existed on the date on which such buildings, structures or use first became nonconformities.
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
Appearance should be harmonious with surrounding properties. This feature includes but is not limited to landscaping, enclosure of principal and accessory uses, height control, sign control and maintenance in good condition of all improvements and open spaces.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, i.e., in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation), access shall be via an arterial or collector street as designated in the Borough's Thoroughfare Classification Plan.
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties because of hours of operation, noise, light, litter, dust and pollution.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 224-78 Park or other recreation area of a nonprofit nature.
In the R-O, R-T or S Zone and subject to the requirements of the zone in which located except as herein modified and provided:
The Zoning Hearing Board shall review and decide upon the appropriateness of the design of parking, lighting and similar features of the proposed use to minimize adverse impacts on adjacent properties.
The applicant must secure a license from the Pennsylvania Department of Public Welfare and submit a copy of said license to the Borough prior to occupancy approval by Dallastown Borough.
Outdoor storage of materials shall be prohibited within the residential zones. Outdoor storage in other zones shall be completely enclosed with a six-foot-high fence and screened from adjoining streets and properties.
The use may be exempted from lot coverage and open area requirements, provided that the Borough Engineer has approved the stormwater management plan and other design aspects of the site.
To protect other vehicles and pedestrians in the immediate area of such a use, railing, fencing, posts and chains or similar protective barricades must be located on the perimeter of the parking areas except at access drives or exits.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
The permitted building or structure shall not include the storage of vehicles or equipment used in the maintenance of any utility, and no equipment causing unreasonable noise, vibration, smoke, odor or hazardous effect shall be installed.
Unhoused equipment shall be enclosed with a fence or wall not less than six feet in height which shall be so constructed as not to have openings, holes or gaps larger than two inches in any dimension. Such fence must be surrounded by evergreen plantings.
There shall be no specific minimum lot size; however, each lot shall provide front, side and rear setbacks which comply with the requirements of the zone in which located. Such uses shall be exempt from lot coverage and open area requirements of the zone in which located, provided that the stormwater management plan is approved by the Borough Engineer.
§ 224-83 Rooming house.
In a C-S or R-T Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Any structure proposed as a rooming house or boardinghouse shall have a habitable floor area in addition to that required for the person or family operating the facility of at least 250 square feet for each roomer or boarder.
All rooming houses and boardinghouses shall comply with all applicable local regulations, including but not limited to fire, health, safety and building codes.
§ 224-84 Service station or convenience store dispensing fuel.
In the C-S or C-H Zone and subject to the requirements of the zone in which located except as herein modified and provided:
Gasoline pumps and all service equipment must be set back at least 20 feet from any lot line or street right-of-way line and located so that vehicles stopped for service will not extend over the property line.
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall, fence or vegetative material and screened from view of adjoining properties shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
A buffer yard at least 20 feet wide must be provided on the site in all instances where the site adjoins a residential zone or use. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes. In addition, screening shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls and plantings.
§ 224-86 Single-family attached dwelling.
In the R-T Zone and subject to the requirements of that zone except as herein modified and provided:
Any processing of solid waste, including but not limited to incineration, compaction, material separation, recycling, refuse-derived fuel and pyrolysis, shall be conducted within a wholly enclosed building.
A buffer yard at least 50 feet wide shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this area. The buffer shall be naturally landscaped and have no impervious cover.
Any area used for the unloading, transfer, storage, processing or incineration of refuse must be completely screened from ground-level view at the property line. In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no openings greater than two inches in any direction.
Access to the site shall be limited to those times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other means designed to deny access to the area at unauthorized times or locations.
Any waste that cannot be used in any disposal process or material that is to be recycled shall be stored in leakproof and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water.
All storage of solid waste shall be indoors in a manner that is leakproof and vectorproof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation.
The applicant shall submit an analysis of raw water needs indicating the quantity of water required. The applicant shall also submit documentation that the public water authority will supply the water needed.
The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to ensure safe turning movements to and from the site and safe through movement on the existing road.
The applicant shall submit proof that the proposed facility complies with the regulations of the Department of Environmental Protection and has been permitted in writing by said agency.
§ 224-88 Tavern.
In the C-S Zone and subject to the requirements of that zone except as herein modified and provided:
Buffers and screens shall be provided as necessary to adequately protect neighboring properties from any adverse effects of the use or vehicular traffic. This includes but is not limited to fences, walls, plantings and open spaces.
A buffer yard at least 50 feet wide must be located on the terminal site in all situations where the site adjoins a residential zone. This yard shall be naturally landscaped, have no impervious cover and shall not be used for parking, building, loading or storage purposes.