East Petersburg City Zoning Code
ARTICLE VIII
General Regulations
§ 124-801 Frontage onto improved streets; number of uses or buildings; minimum dwelling size.
A.
Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Borough by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of the Borough Subdivision and Land Development Ordinance.[1] In the case of townhouses, manufactured/mobile home park, or apartments, each unit may have access onto a parking court, which then has access onto a public or private street meeting Borough standards.
B.
Number of principal uses and principal buildings per lot.
(1)
A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(a)
For example, if Use 1 requires a one-acre lot area and Use 2 on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of two acres.
(b)
The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.
(c)
The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place.
(2)
A lot within a residential district shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.
(a)
A manufactured/mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided that all other requirements of this chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
C.
Minimum size of dwellings. Each dwelling unit shall include a minimum of 500 square feet of enclosed habitable, indoor, heated floor area, which shall be primarily above the ground level. This 500 square feet requirement may be reduced to 400 square feet within preexisting buildings in the NC District.
D.
Maximum occupancy. No recreational vehicle shall be occupied on a lot for more than 30 days in a calendar year, except as may be approved within a campground with suitable central water and sewage service. No mobile/manufactured home shall be occupied on a lot as a dwelling unless it meets all of the requirements for a dwelling.
§ 124-802 Height exceptions.
The maximum structure height specified for each district shall not apply to antennas that meet the requirements of this chapter, water towers, clock or bell towers, steeples and religious symbols attached to places of worship, electrical transmission lines, elevator shafts, wind turbines that comply with this chapter, skylights, chimneys, heating/ventilation/air-conditioning equipment, industrial mechanical equipment areas that are not occupied by humans, solar energy collection devices, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 124-202 and provisions in § 124-307B.
§ 124-803 Special lot and yard requirements, sight distance and buffer yards.
A.
In general.
(1)
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, nonimpervious areas and off-street parking areas.
(2)
Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders. Such access shall be maintained in a passable condition by the owner of the lot or, where applicable, by the property owners' association.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See the definition of "lot, corner" in § 124-202.
(2)
Projections into required yards.
(a)
Cornices, footers, eaves, roof overhangs, sills or other similar architectural features, exterior stairways, unenclosed fire escapes or other required means of egress, rain leads, chimneys, "Bilco"-type doors for basement access, window awnings, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.
(b)
Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.
(3)
Lot widths around curves. Around the bulb of a cul-de-sac street or on the outside of the curve of a street with a radius of less than 150 feet, the minimum lot width at the minimum building setback line may be reduced to 60% of the width that would otherwise be required.
C.
Sight clearance at intersections. At the intersection of two streets, a clear sight triangle shall be provided. Within this triangle, no visual obstructions shall be allowed between the height of three feet and 10 feet above the ground level, except for utility posts, mailboxes, single sign posts and the trunks of canopy trees. The triangle shall be measured along the edge of the travel lane of the streets. Each leg of the triangle shall be measured 75 feet from the intersection of the edge of the travel lanes of the streets. A third longer leg shall connect the ends of the two legs to form the triangle.
(1)
However, in place of the above sight triangle, where a local street intersects an arterial street with a stop sign only at the local street, the leg of the triangle along the arterial street shall be increased to 250 feet and the leg along the local street shall be decreased to 20 feet.
(2)
The clear sight triangle shall be kept free of such obstructions in perpetuity.
D.
Buffer yards. Buffer yards including plant screening complying with the following standards shall be required under the following situations, unless a more restrictive provision is established by another section of this chapter:
(1)
A minimum eight-foot-wide buffer yard with plant screening shall be required along the rear and side lot lines of any lot used principally for principal nonresidential purposes that is contiguous to a lot line of a residentially zoned lot occupied by an existing principal dwelling.
(a)
If a principal business use will include areas used for manufacturing or will have a loading dock that will be routinely serviced by two or more tractor-trailer trucks or refrigerated trucks, then the minimum buffer yard width along such manufacturing area and/or loading dock shall be increased to 40 feet, and the minimum initial height of plantings shall be increased to six feet.
(b)
If a dwelling will be on the same lot as a principal business use, then a buffer yard shall not be required by this section.
(c)
An eight-foot-wide minimum buffer yard with landscaped screening shall be required where a subdivision or land development of new dwellings will have rear yards abutting a public street.
(d)
A buffer yard is also required to be provided by the following if they are abutting and visible from a public street:
[1]
Along lot lines and street rights-of-way of any newly developed or expanded outdoor industrial storage or loading area; or
[2]
Along lot lines and street rights-of-way of any newly developed or expanded area routinely used for the overnight parking of two or more tractor-trailer trucks or trailers of tractor-trailers.
(e)
In addition, in the NC District, a minimum of eight feet buffer yard as described above shall also be provided where a new principal commercial use is proposed abutting an existing principal dwelling on another lot. The owner of such dwelling may in writing waive his/her right to the buffer yard.
(2)
A required yard may overlap a required buffer yard, provided that the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except that the Borough may allow deciduous canopy trees.
(3)
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, signs, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
(4)
Fence. The Borough may require the installation of a mostly solid decorative fence in addition to the plantings. Any wall or fence in a buffer yard shall be placed on the inside (nonresidential side) of any required plant screening. If a fence in a buffer yard has one side that is more finished or smoother than the other side, the more finished or smoother side shall face the outside of the buffer yard.
(5)
Each planting screen shall meet the following requirements:
(a)
Plant materials needed to form the visual screen shall have a minimum height when planted of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the finished ground level, shall be placed for each 50 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.
(b)
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a mostly solid year-round visual screen at least six feet in height.
(c)
The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.
(d)
The plant visual screen shall extend the full length of the lot line, except for:
[1]
Borough-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot;
[2]
Locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved further back; and
[3]
Locations needed to meet other specific state, Borough and utility requirements, such as stormwater swales.
(e)
American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. A monotonous straight row of the same species is discouraged. A more naturalistic form of planting is encouraged with a mix of species. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
(f)
Evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.
(g)
The plant screening shall primarily use evergreen trees.
(h)
The Zoning Officer may also modify the buffer yard requirements if necessary for firesafety reasons. The Zoning Hearing Board may by special exception reduce the width of the buffer yard if the required width is not feasible.
(6)
Buffer yard plans. Prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
§ 124-804 Landscaping.
A.
Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover and shall be landscaped with trees and shrubs. Landscaped areas shall be kept free of junk, debris, rubbish and noxious weeds.
D.
Parking lot landscaping.
(1)
A minimum of one deciduous tree shall be required for every 10 new off-street parking spaces.
(2)
If a lot will include 30 or more new parking spaces, landscaped islands shall be provided within auto parking areas. Otherwise, the trees may be planted around the parking area.
(3)
Deciduous trees required by this section shall meet the following standards:
(a)
Type of trees permitted. Required trees shall be chosen from the following list of approved street trees, unless the applicant proves to the satisfaction of any Borough Shade Tree Commission or Zoning Officer that another type of tree would shade paved areas, be resistant to disease, road salt and air pollution and be attractive.
Permitted Deciduous Trees | ||
|---|---|---|
Acer rubrum | Red maple | |
Acer saccharum | Sugar maple | |
Carpinus betulus | European hornbeam | |
Celtis occidentalis | Common hackberry | |
Fagus sylvatica | European beech | |
Fraxinus americana | White ash | |
Fraxinus pennsylvania | Green ash | |
Ginko biloba fastigiata (male only; female has noxious odor) | Maiden hair tree | |
Gleditsia triacanthos | Thornless locust | |
Liriodendron tulipifera | Tulip poplar | |
Ostrya virginiana | Hop hornbeam | |
Quercus | All species of oaks | |
Sophora japonica | Scholar tree/pagoda tree | |
Tilia americana | American linden | |
Tilia cordata | Little leaf linden | |
Tilia euchlora | Crimean linden | |
Tilia petiolaris | Silver linden | |
Ulmus hybrids | Homestead or Sapporo autumn gold | |
Ulmus parviflora | Chinese or lacebark elm, not including Siberian elm | |
Zelkova serrata | Zelkova | |
NOTE: | |
|---|---|
This chapter only regulates the species of trees that are used to meet requirements of the Borough. The species of trees that are not required by Borough ordinances are not regulated. |
(b)
Quality of trees. Required trees shall be of symmetrical growth and free of insect pests and disease.
(c)
Minimum size. The trunk diameter (measured at a height of six inches above the finished grade level) shall be a minimum of two inches or greater.
E.
Green area around trees. A minimum vegetative area shall be provided that includes at least a three-foot minimum radius around all sides of the trunk of each required deciduous tree that is within or adjacent to a parking lot. Where a tree is required to be planted abutting a street, a minimum vegetative area shall be provided that is not less than three feet wide and three feet long surrounding the tree. In each case, a minimum land area of 12 square feet of vegetative area shall be provided around each required tree.
F.
Review and approval. Where landscaping is required by this chapter, the applicant shall submit a landscaping plan, in addition to a site plan, showing proposed initial sizes, locations and species of plantings.
G.
Landscape maintenance. All shade tree, buffer yard and other landscaping required by this chapter shall be perpetually maintained by the property owner. Any landscaping needed to meet an ordinance requirement that dies, is removed, or is severely damaged shall be replaced by the current property owner, on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.
H.
Stormwater basin landscaping. The following requirements shall apply to landscaping within and around stormwater management basins covering more than 20,000 square feet in land area:
(1)
All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures, or other earth structures, shall be planted with suitable vegetation, such as meadow plantings or grasses specifically suited for stormwater basins.
(2)
Trees and shrubs shall be planted around stormwater basins that cover more than 5,000 square feet of land and that are not designed to resemble natural ponds. However, trees and shrubs shall not be planted in locations that would interfere with the function of the basin. A minimum average of two trees and 10 shrubs shall be required to be planted around the basin for every 100 linear feet of basin perimeter. Trees shall have an initial trunk diameter of two inches, measured six inches above the ground. Shrubs shall have an initial height of four feet.
(3)
Natural ground cover plant species shall be planted in the floors and slopes of the basin. These ground covers may include wildflowers, meadows or nonaggressive grasses. Species shall be chosen that are suitable for the expected wetness of various portions of the basin. The plantings shall provide a continuous cover over all earth areas of the basin. The plantings shall not interfere with the proper functioning of the basin, in the determination of the Borough Engineer.
§ 124-805 Nonconformities.
A.
Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
B.
Continuation of nonconformities.
(1)
A lawful nonconforming use, structure or lot, as defined by this chapter, may be continued and may be sold and continued by new owners.
(2)
Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
(3)
If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.
C.
Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under Subsection D.
(1)
Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided that:
[1]
Such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; or
(b)
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c)
As a special exception, the Zoning Hearing Board may approve a reduction of up to 50% in a side or rear setback for an existing dwelling if the applicant proves such setback is necessary to allow a customary addition of such dwelling or a replacement of an existing undersized dwelling with a new dwelling. This subsection shall not allow a reduction in setback to increase the number of dwelling units on the lot, except for a unit for care of a relative.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot. A single permitted-by-right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot, provided that all of the following additional requirements are met:
(b)
Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.
(3)
Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(a)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b)
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c)
The total building floor area used by a nonconforming use or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond what existed in the nonconforming use at the time the use first became nonconforming.
[1]
The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(d)
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted-by-right use, provided that:
D.
Damaged or destroyed nonconformities. A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if 1) the application for a building permit is submitted within 18 months after the date of damage or destruction, 2) work begins in earnest within 12 months after the building permit is issued and continues, and 3) no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except as provided for in the damaged or destroyed nonconformities provisions of this section in Subsection D.
(2)
The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned.
(3)
An existing lawful separate dwelling unit may be unrented for any period of time without being considered "abandoned" under this chapter.
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2)
A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3)
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close to dwellings; and
(e)
Compatibility with the character of the surrounding area.
(4)
A nonconforming use shall not be changed to a nonconforming adult use.
G.
District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
§ 124-806 Dumpster screening and location.
A.
Site plans submitted to the Borough shall show the proposed location of any garbage dumpsters. The Borough may require that such proposed location be modified to provide compatibility with adjacent uses.
B.
Garbage dumpsters shall be surrounded on all sides by a solid fencing, wall, landscaping and compatible gate with a minimum height of five feet if the dumpster would be visible from a street or a residential lot. This § 124-806 is not intended to regulate temporary dumpsters for construction or renovation debris, while a permit for the lot is active. This § 124-806 shall also not regulate the use of a dumpster on a lot developed with a building for up to 30 days per calendar year.
§ 124-807 Portable storage containers.
A.
This section shall apply to a portable storage container that is kept outside of a building and which has a length greater than 10 feet and which is not currently attached to a motor vehicle or railroad and which is not part of a permitted industrial use.
B.
The following regulations shall apply on a principally residential lot:
(1)
A portable storage container shall not be kept on a principally residential lot for a total of more than six months in any two-year period, unless it is being used as part of an active construction permit for the lot. A temporary zoning permit shall be required if the portable storage container is kept on the lot for more than 30 days.
(2)
A maximum of one portable storage container shall be allowed per lot.
C.
On a lot that is not a principally residential lot, any portable storage container that is kept on a lot for more than 30 days shall meet the setbacks that apply to a principal building, unless it is necessary to temporarily hold materials for on-site construction.
D.
The following shall apply to any portable storage container:
(1)
The container shall not obstruct safe sight distances at intersections.
(2)
The container shall not obstruct travel lanes of a street or a public sidewalk.
(3)
The container shall only be allowed to be placed within a street right-of-way if an encroachment permit is issued by the Borough. Such permit shall specify a maximum number of days during which the container may be placed within the right-of-way.
(4)
The container shall not be used to store hazardous, explosive or toxic substances or putrescent garbage.
(5)
A facility that stores portable storage containers that have been leased by others or are available for lease shall be considered a warehouse.
§ 124-808 Access drive and driveway design.
[Added 4-7-2015 by Ord. No. 273]
B.
Single-family residential driveways shall be located a minimum of three feet from any property line except as set forth in Subsection B(1) below. The minimum width at the street right-of-way line shall be 10 feet, and the maximum width at the street right-of-way shall be 20 feet. There shall be no more than one driveway per dwelling. Borough Council may, as a conditional use, authorize the installation of a second driveway if the applicant for such driveway demonstrates that the width of the lot at the street right-of-way line exceeds 150 feet and that severe topographic conditions exist or other factors which warrant the installation of the second driveway.
(1)
Shared or joint driveways may be permitted and are encouraged on high-volume roadways and areas in which access, visibility, and topography may present difficulties. Shared or joint driveways shall be limited to use by two adjoining single-family residential lots, and the shared or joint driveway shall be considered the single driveway permitted for each lot. Whenever possible, a shared or joint driveway shall equally straddle the property line. All shared or joint driveways shall have a minimum width of 28 feet at the street right-of-way line. A right-of-way and maintenance agreement for such shared or joint driveway shall be submitted for approval of the Borough prior to the issuance of a permit for such installation.
C.
Nonresidential and multifamily residential driveways shall be located a minimum of 10 feet from any property line except as set forth in Subsection C(1) below. The minimum width at the street right-of-way line shall be 12 feet, and the maximum width shall be 28 feet measured at the end of the radius. There shall be no more than one driveway per street frontage unless an emergency access is required by the provisions of the Subdivision and Land Development Ordinance, in which case one additional driveway shall be permitted in order to fulfill emergency access requirements. Borough Council may, as a conditional use, authorize the installation of a second driveway on a street frontage if the applicant for such driveway demonstrates that the width of the lot at the street right-of-way line exceeds 150 feet.
(1)
Shared or joint driveways may be permitted and are encouraged on high-volume roadways and areas in which access, visibility, and topography may present difficulties. Shared or joint driveways shall be limited to use by two adjoining nonresidential or multifamily residential lots, and the shared or joint driveway shall be considered the single driveway permitted for each street frontage. Whenever possible, a shared or joint driveway shall equally straddle the property line. All shared or joint driveways shall have a minimum width of 20 feet at the street right-of-way line and a maximum width of 35 feet at the street right-of-way line. A right-of-way and maintenance agreement for such shared or joint driveway shall be submitted for approval of the Borough prior to the issuance of a permit for such installation.
D.
All access drives and driveways shall be surfaced with asphalt paving concrete or paving blocks.
E.
In residential zoning districts, one unpaved parking space (not more than 200 square feet) shall be permitted. An unpaved parking space shall be set back from the side or rear property line three feet. No unpaved parking area is permitted in the front yard setback.