Elizabethtown City Zoning Code
PART 13
SUPPLEMENTARY REGULATIONS
§ 1301 Use Regulations.
[Ord. 766, 5/16/1996, § 13.0]
The following supplementary regulations shall qualify or supplement the district regulations appearing elsewhere in this chapter.
§ 1302 Accessory Uses And Structures.
[Ord. 766, 5/16/1996, § 13.1; as amended by Ord. 829, 11/15/2001; by Ord. 882, 2/15/2007; by Ord. 946, 3/21/2013; by Ord. 975, 6/16/2016; by Ord. No. 1009, 4/6/2023]
1.
General. Accessory uses or structures that are clearly customary and incidental to a principal use are permitted provided the requirements of this Section are met.
2.
Setback Requirements. Any accessory building may be erected within one of the side yards or within the rear yard provided:
(1)
In nonresidential zoning districts, except the CBD, any accessory building or structure shall not be less than five feet from the rear of the main building nor less than 15 feet from any lot line and shall not be located in the front yard.
(2)
In residential zoning districts, any building or structure accessory to a residential use shall be located within the rear yard of the principal building and shall not be located less than three feet from any rear or side lot line. Where such side or rear yard is along an alley, the accessory building or structure shall not be located less than five feet from the alley and/or within the fourteen-foot right-of-way of the alley. Private garages with entrances fronting an alley shall not be located less than 10 feet from any lot line and/or within the fourteen-foot right-of-way of the alley.
(3)
In the Central Business District, setbacks for accessory buildings or structures and uses shall be the same as the requirements for principal buildings and uses.
(4)
In the Mixed-Use District, setbacks for accessory buildings or structures shall be the same as the requirements for the types of principal buildings and uses.
(5)
No accessory structure, building or use shall be permitted in a required front yard in any district, unless specifically permitted in this chapter. On corner lots, an accessory building is not permitted within the front yard setback established for each street on which the lot abuts.
(6)
The maximum height of any accessory structure within a residential zone is 15 feet. The height of an accessory structure within a nonresidential zone is 20 feet.
(7)
All accessory structures must meet the requirements of the special yard, lot and screening requirements of this Part.
(8)
Any pond or pool with a water depth of less than 24 inches is considered an accessory structure and must be located in the side or rear yard only. A pond or pool with a water depth of 24 inches or more shall follow the regulations established for swimming pools contained in this Part.
3.
Accessory Uses Permitted by Right in All Districts.
A.
The following accessory uses are permitted outside, provided that the use is placed against the structure, it shall be displayed behind the building front setback line and shall not block or impede in any way a curb, sidewalk, or thoroughfare commonly used by the public, whether private or public. These are permitted in all districts except R-1 Low-Density, R-2 Medium-Density and R-3 High-Density Residential Districts.
B.
Air conditioners.
D.
Signs, as permitted by Part 17.
E.
Off-street parking.
F.
Home gardening.
G.
Satellite dish antennas, radio and television antennas and amateur radio antennas in accordance with the regulations contained in § 1303 of this Part.
H.
Flagpoles.
I.
Recreational facilities that are clearly limited to the exclusive use of the residents of a development and their occasional invited guests.
J.
Solar energy systems, subject to the provisions prescribed in § 1325.
K.
Commercial or industrial outdoor storage and display as a principal or accessory use, provided that:
(1)
Location. Shall not occupy any part of the existing or future right-of-way, area intended or designed for pedestrian use, required parking area, or part of the required paved area of parking setback.
(2)
No outside industrial storage shall be located on land with an average slope in excess of 15%.
L.
No-impact home occupations shall be permitted as a matter of right in all zoning districts. Any home occupation that does not meet all of the criteria as outlined in the definition of a "no-impact home occupation" may be permitted, subject to the provisions of § 1410. The definition of "no-impact home occupation" is set forth in § 1410.
M.
Regulations governing erection of energy generating wind power devices, subject to the provisions prescribed in § 1326.
N.
Geothermal systems, subject to the provisions prescribed in § 1327.
4.
Essential Services.
A.
Essential services are permitted by right as principal or accessory uses in all districts.
B.
Only uses specifically listed in this subsection shall be considered to be essential services.
C.
The following are essential services not required to meet the accessory or principal setback, lot area or other lot requirements of this chapter, unless future building or subdivision could be possible on the lot:
(1)
Oil pipelines and natural gas transmission and distribution lines and accessory compressing stations.
(2)
Electrical transformers as an accessory use to dwellings.
(3)
Electrical, telephone and street light poles.
(4)
Electrical transmission and distribution lines and meters.
(5)
Wells, standpipes, water transmission lines, cisterns and meters.
(6)
Cable television and telephone lines.
(7)
Stormwater pipes, outfalls, detention basins, swales and catchbasins.
(8)
Shelters and benches for buses that transport school children or that are owned, operated or financed by a public transit authority, but without off-premises signs.
(9)
U.S. mailboxes.
(10)
Boxes for receiving individual newspapers.
(11)
Fire hydrants and emergency call boxes.
(12)
Engineering retaining walls that are clearly necessary to hold back slopes.
(13)
Household air conditioners.
(14)
Sidewalks.
(15)
Propane storage tanks, subject to the requirements of § 1322.
(16)
Handicap ramps or wheelchair lifts are primarily intended to be used by people with mobility impairments for access to a structure.
(a)
The construction of a handicap ramp or wheelchair lift that falls within the building setback area maybe constructed for commercial purposes when the following are met:
[1]
Shall require a zoning permit and construction permit.
[2]
The design, construction and location of the handicap ramp or wheelchair lift shall be appropriate to the context of the existing structure and neighborhood.
[3]
Must be constructed outside of the public right-of-way.
[4]
Shall meet the requirements of the Uniform Construction Code.
(b)
Handicap ramps or wheelchair lifts constructed on residential lots shall meet the accessory structure setback for side and lot lines and:
[1]
Not be located in a place that negatively impacts adjacent property owners, commercial and/or residential tenants.
[2]
Shall require a zoning permit.
[3]
Be constructed of material that allows for the structure to be removable and easily dismantled.
[4]
Permission to construct a handicap ramp and/or wheelchair lift shall not be transferrable to new ownership or occupancy and must be dismantled within 60 days unless a new permit is issued.
[5]
Must be constructed outside of the public right-of-way.
[6]
Shall meet the requirements of the Uniform Construction Code.
(17)
Outside entrance to a basement of a dwelling.
D.
The following are essential services that are required, except as may be exempted by the Municipalities Planning Code, to meet all the requirements of this chapter, as principal or accessory uses, as applicable:
(1)
Emergency and other electrical generators and compressors.
(2)
Solid waste bulk dumpsters and bulk compactors.
(3)
Telephone switching stations.
(4)
Construction. Temporary storage of vehicles and materials and/or construction office trailers used for current construction on the same or an adjacent lot or within the same subdivision.
(5)
Industrial or commercial air conditioners.
(6)
Electrical substations and bulk transformers that are not an accessory use to dwellings.
5.
Fences and Walls.
A.
Fences for Residential Purposes.
(1)
Any fence located in the front yard in a residential district shall be decorative, such as a picket, split rail or wrought iron fence, rather than one which will serve to screen off a portion of the front of the lot, such as a stockade fence. Such decorative fence shall have a maximum height of four feet, be constructed entirely of wood or wrought iron, PVC or plastic fencing, or aluminum, and have at least half the fence open. Chain-link and closed (privacy) fences are expressly prohibited in the front yard. Fences shall not be erected in any way to cause an obstruction to vision and shall be in conformity with § 27-1321, Subsection 2B.
(2)
Fences are not required to meet accessory structure setbacks and may be located on the side or rear lot line. Fences that abut a public alley shall be located five feet from the alley right-of-way and shall not impede sight distance at the intersection(s).
(3)
A fence located anywhere except the front yard of a use in a residential district shall have a maximum height of six feet.
(4)
A fence of up to 10 feet shall be allowed in a rear yard in any zoning district for the sole purpose of enclosing a court for tennis or a similar racquet sport.
B.
Fences for Commercial Purposes.
(1)
In nonresidential districts, fences shall be permitted a maximum height of 12 feet on the rear and side yard(s) and three feet on the front yard.
(2)
Fences that are constructed in nonresidential districts that abut a public alley shall be located five feet from the alley right-of-way and shall not impede sight distance at the intersection(s).
D.
Architectural and Decorative Walls.
(1)
The design, construction and location of the architectural and decorative wall shall be appropriate to the context of the existing structures and neighborhood.
(2)
Architectural and decorative walls are permitted by right in all districts.
(3)
Architectural and decorative walls in any residential district constructed on the side and rear lot lines must set back two feet for every one foot in height of the proposed wall.
(4)
In all other districts, there are no accessory structure setback requirements. The height of an architectural and decorative wall shall not exceed 10 feet.
(5)
Architectural and decorative walls shall comply with the standards prescribed in the Uniform Construction Code.
E.
Screening Walls. All yards located within the General Industrial, General Commercial, and Light Industrial Districts that will be used for approved storage of any material needed for the operation or commercial enterprise shall construct an enclosed solid wall, uniformly painted board fence, chain-link fence in conjunction with a screen planting or screen planting on all sides which face upon a street or face upon a lot in any district. No storage shall occur within the front yard in any district.
6.
Special Standards for Certain Accessory Uses.
A.
Garage Sales.
(1)
Shall include only the occasional sale of household goods and furniture and items of a similar character. A garage sale shall not include wholesale sales.
(2)
No dwelling unit shall hold garage sales or auctions during more than four days total in any calendar year.
(3)
Shall be clearly accessory to a dwelling unit.
(4)
Shall be defined to include yard sale, porch sale, auction or sheriffs sale.
(5)
Sales shall be held only between the hours of 7:00 a.m. and 8:00 p.m.
(6)
Signs erected by the operation and placed in various locations on and off the lot must be removed by the operation within 12 hours of the sale. Signs erected on telephone poles may only be constructed of paper and shall be placed with string or tape only. These signs must be securely attached to the pole and erected no more than five days prior to the sale.
B.
Keeping of Pets.
(1)
Keeping of pets shall be permitted by right in all districts.
(2)
No use shall involve the keeping of animals in such a manner that it creates a serious nuisance, including but not limited to noise, odor, danger or threat to the public.
(3)
Animals shall not be kept or used for fighting purposes.
(4)
In all districts, no more than four animals shall be kept at one time. No more than three dogs shall be housed in a residential unit at any time and shall not be exceeded even for temporary purposes. No numerical restrictions shall apply to cats and dogs less than six months old of age and fish in an aquarium.
(5)
It shall be unlawful for any person to keep, breed or raise any dangerous animals, any animal creating, threatening or risking a hazardous, perilous or unsafe condition and/or any mammals, reptiles, amphibians, fish, insects or birds that will negatively impact the ecological system(s). This shall include but is not limited to poisonous or venomous creatures and/or insects, bobcats, large game cats, wolves, alligators, primates, crocodiles or any other wild or exotic animals which present a danger to life and limb. Animals that are prohibited as pets are defined in § 201.
(6)
Contracted animal foster care program(s) shall be relieved of numerical restrictions on the keeping of pets for a period not to exceed 48 hours for the purposes of proving temporary housing assistance to abandoned, surrendered and/or lost pets. Only facilities, services and/or programs that have lawfully entered into a contractual agreement with the Borough shall be allowed relief of numerical restrictions of animals.
§ 1303 Antennas, Radio and Television Devices.
[Ord. 766, 5/16/1996, § 13.2; as amended by Ord. 798, 6/17/1999, §§ 3,4; by Ord. 882, 2/15/2007; and by Ord. 946, 3/21/2013]
1.
Satellite Dish Antennas.
A.
Satellite dish antennas, not including commercial communications antennas and towers, shall be permitted by right as an accessory use in all districts for all uses, subject to the following restrictions.
B.
Location and Number.
(1)
In the Central Business District, a satellite dish antenna shall not be located on the street front of the building, whether detached or attached to the building. In all districts, a satellite dish antenna shall meet the accessory structure setback requirements listed in § 1302 of this Part Satellite dish antennas may be attached to the front of the structure. A residential structure with more than four residential dwelling units is permitted to have up to four mounted satellite dish antennas on the front of the structure. Additional satellite dish antennas shall be located in the side or rear yard or may be roof mounted.
(2)
A satellite dish antenna may be mounted to the rooftop of a principal or accessory structure.
(3)
A satellite dish antenna shall be constructed in such a manner so that it will not fall into or onto adjoining properties, land parcels, and/or accessory structures.
C.
Size and Height.
(1)
A satellite dish antenna shall have a maximum diameter of three feet in a residential district and nine feet in a nonresidential district.
(2)
A satellite dish antenna shall have a maximum possible height of 12 feet above ground level in all districts. Satellite dish antennas that are roof mounted or attached to a building shall not exceed 10 feet above the roofline.
D.
Mobile Stands. Satellite dish antenna(s) on mobile stands are prohibited except as may be initially needed to determine the best location for an antenna.
E.
Wind Resistance. Any satellite dish antenna shall be properly secured so that it will be resistant to high winds and other forces.
2.
Radio and Television Antennas.
A.
Radio and television antennas, not including commercial communications antennas and towers, shall be permitted by right as an accessory use in all districts for all uses, subject to the following restrictions.
B.
The antenna and associated structures shall be securely anchored in a fixed position, and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other forces.
C.
The antenna and its associated supports, such as guy wires, or the yard area containing the structure, shall be protected and secured to guarantee the safety of the general public. Associated supports and guy wires shall not be located any closer than five feet to any property line.
D.
No radio and television antenna shall exceed 10 feet above the roofline of the structure. No radio and television antenna that is placed inside or attached to an existing or proposed projection shall exceed the height of that projection.
E.
Proof that the antenna will not disrupt or interfere with normal transmission or communication systems in the area shall be submitted as part of the application. If interference or disruption is experienced after the communications structure is operational, the applicant shall be granted 30 days to correct the problem, or the permit will be revoked.
F.
Amateur radio antennas shall not exceed 65 feet in height from the ground level. Amateur radio antennas shall comply with the standards and provisions within this Section and applicable State and Federal rules, regulations and statutes. No more than two support structures can be permitted on a lot, the applicant must meet the requirements of the Uniform Construction Code and there must be an anti-climbing device and/or fence. The facilities shall be removed when the ownership of the residential lot changes or when the facilities are no longer being used. Amateur radio antennas shall be subject to the accessory structure setback requirements listed in § 1302 of this Part.
3.
Commercial Communication Antenna and Towers. Commercial communication antennas and towers shall be permitted as a special exception that is granted by the Zoning Hearing Board. The approved use through a special exception shall conform to the regulations prescribed in § 1413.
4.
General Standards. All antennas are subject to the following provisions:
A.
Antennas shall meet all manufacturers' specifications.
B.
No antenna shall be located where damage would be caused to electrical power lines if the antenna should fall.
C.
Every antenna must be adequately grounded for protection against a direct strike of lightning, with an adequate grounding system.
D.
The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets.
§ 1304 Apartments, Conversion.
[Ord. 766, 5/16/1996, § 13.5; as amended by Ord. 780, 7/17/1997, § 5; and by Ord. 882, 2/15/2007]
Where permitted, or permitted by special exception, any building existing at the effective date of this chapter may be converted to a dwelling for more than one family, provided that:
A.
The proposed conversion shall conform to the regulations for the district in which it is located. The minimum habitable floor area of such converted dwelling unit shall be provided in accordance with the Existing Structures and Property Maintenance Code [Chapter 5, Part 1]. However, no conversion shall result in a dwelling unit which has less than 300 square feet of habitable floor area.
B.
There is no exterior evidence of change in the building except as required by State or local building or housing codes or regulations.
C.
Fire escapes, where required, shall be in the rear of the building and shall not be located on any wall facing a street.
D.
Off-street parking shall be provided in accordance with the provisions of Part 16; provided, however, if an apartment conversion unit has more than two bedrooms, one off-street parking space in addition to that required by Part 16 shall be provided for such dwelling unit.
[Amended by Ord. 983, 11/16/2017]
E.
No conversion apartment unit shall exceed three bedrooms.
[Amended by Ord. 983, 11/16/2017]
F.
The building in which the conversion apartment units are located shall have adequate street frontage and shall comply with the requirements of § 1318.
[Added by Ord. 983, 11/16/2017]
G.
There shall be no more than three dwelling units per building.
[Added by Ord. 983, 11/16/2017]
H.
No conversion apartment building shall exceed three stories in height.
[Added by Ord. 983, 11/16/2017]
I.
No conversion apartment building shall contain a dwelling unit in the basement or below ground level of the building.
[Added by Ord. 983, 11/16/2017]
J.
The facade of the building containing conversion apartment units shall be maintained in a manner consistent with the streetscape of the neighborhood and/or the applicable residential district. This shall include, but not be limited to, maintaining the entrance on the street, maintaining any existing front porch or stoop, and maintaining the appearance of the building as a single-family dwelling.
[Added by Ord. 983, 11/16/2017]
§ 1305 Automobile Service Stations.
[Ord. 766, 5/16/1996, § 13.4]
Such uses, where permitted, shall comply with the following:
A.
No equipment for the service of motor vehicles shall be closer than 25 feet to any side or rear property line.
B.
Canopies shall be located no less than 10 feet from the street right-of-way line.
C.
Fuel pumps shall be located at least 25 feet from any right-of-way or 50 feet from the street center line, whichever is greater.
E.
The width of any entrance driveway leading from the public street to such service station or other drive-in use shall not exceed 30 feet at its intersection with the curbline or edge of pavement.
F.
No two driveways leading from a public street to such service station or other drive-in use shall be within 15 feet of each other at their intersection with the curb or street line.
§ 1306 Bed-and-Breakfast Establishments.
[Ord. 766, 5/16/1996, § 13.5; as amended by Ord. 882, 2/15/2007; Ord. 975, 6/16/2016; and by Ord. 983, 11/16/2017]
Bed-and-breakfast establishments shall meet the following additional requirements:
A.
Sleeping accommodations shall be limited to no more than three rooms for rent, excluding establishments with four or more rooms within the R-3 High-Density Residential District and Mixed-Use District, which shall be permitted as a conditional use (see § 1505).
B.
The length of stay for transient guests, as defined in this Part, shall not exceed 30 consecutive calendar days.
C.
Off-street parking shall be provided in accordance with Part 16 herein.
D.
Meals for compensation shall be provided only to guests of the bed-and-breakfast establishments.
§ 1307 Churches, Similar Places of Worship, Public/Private Schools and Other Public Buildings.
[Ord. 766, 5/16/1996, § 13.6]
In districts where permitted, or permitted as a special exception, these uses shall meet the following requirements:
A.
The lot area shall be determined on the basis of building size, yard requirements listed below, and parking requirements, but in no case shall the lot area be less than 40,000 square feet.
B.
Lot coverage shall not be greater than that required within the respective district.
C.
The lot width at the front building setback line shall be based on the building size and yard requirements, but in no case shall be less than 100 feet in width.
D.
Off-street parking shall be provided in accordance with the provisions of Part 16 herein.
§ 1308 Height Regulations.
[Ord. 766, 5/16/1996, § 13.7]
Height regulations shall not apply to spires, belfries, cupolas, or domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, utility poles or towers, solar collectors and ornamental or necessary apparatus.
§ 1309 Medical Centers.
[Ord. 766, 5/16/1996, § 13.8]
Where permitted, a building for use as a medical center may be erected and used, provided that:
A.
The building shall be occupied and used only by persons licensed to practice the healing arts in the Commonwealth of Pennsylvania, and their staffs.
B.
The lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards.
C.
The minimum front, side and rear yard setbacks shall be no less than 25 feet.
D.
Lot width shall be determined by the size of the building and setbacks.
E.
A buffer yard/screen planting of no less than five feet in depth shall be maintained along side and rear lot lines abutting a residential use. Said buffer yard/screening planting shall be provided within the required side and/or rear yard.
F.
Off-street parking shall be provided in accordance with the provisions of Part 16 herein.
§ 1310 Mixed Uses.
[Ord. 766, 5/16/1996, § 13.9]
1.
When two or more principal uses occupy the same lot but not the same building, all parking, lot area, lot width, building setbacks, height, and building area requirements shall be provided so that the requirements pertaining to each use will be met in full.
2.
No building to the rear of and on the same lot with the principal building shall be erected and/or used in a manner inconsistent with the use of the principal building on the same lot.
[Amended by Ord. 975, 6/16/2016; and by Ord. 983, 11/16/2017]
3.
When two or more principal uses occupy the same building on the same lot, all parking, lot area, and building area requirements shall be provided so that the requirements pertaining to each use will be met in full. Refer to land development regulations in the Borough's Subdivision and Land Development Ordinance [Chapter 22] for regulations.
4.
On a corner lot (a lot which fronts on two streets) containing two principle structures, each structure must conform completely to all regulations as if it were two separate lots.
§ 1311 Motels/Hotels.
[Ord. 766, 5/16/1996, § 13.10]
Where permitted, motels/hotels shall be subject to the following safeguards and regulations:
A.
Off-street parking and loading spaces for other facilities developed as part of the motel/hotel premises shall be provided as required by Part 16 of this Part.
B.
Every unit shall be provided with complete bathroom facilities.
C.
The minimum front, side, and rear yard setbacks shall be no less than 25 feet, except for a motel/hotel located in the Central Business District.
D.
A valid Pennsylvania Department of Labor and Industry certificate shall be maintained for each use.
§ 1312 Municipal Uses.
[Ord. 766, 5/16/1996, § 13.11]
In any district a building may be erected, altered or extended and land may be developed which is arranged, intended or designed for any municipal use, including municipal recreation uses.
§ 1313 Performance Standards.
[Ord. 766, 5/16/1996, § 13.12]
1.
All uses shall comply with the requirements of this section. Compliance shall be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions and by the Borough Council with respect to conditional uses. The Zoning Officer shall monitor compliance on behalf of the Zoning Hearing Board and Borough Council.
2.
In order to determine whether a proposed use will conform to the requirements of this chapter, the Borough may obtain a qualified consultant's report, whose cost for services shall be borne by the applicant.
3.
Vibration. Vibrations detectable without instruments on neighboring properties in any district shall be prohibited, with the exception of temporary vibrations associated with new construction.
4.
Air Pollution. No pollution of air by flyash, dust, vapors or other substance(s) shall be permitted which is harmful to health, animals, vegetation or other property or that can cause soiling of property.
5.
Fire and explosives protection. Fire-protection and fire-fighting equipment, acceptable to the Board of Fire Underwriters, shall be readily available for any activity involving the handling or storage of flammable or explosive materials.
6.
Light, glare and heat.
A.
Lighting devices which produce objectionable direct or indirect glare on adjoining properties or thoroughfares shall not be permitted.
B.
Streetlighting exempted. This section shall not apply to streetlighting or lighting of municipal or municipal recreational facilities that are owned or maintained by the Borough.
C.
No use shall generate glare in such a way that light shines into the eyes of motorists and create a safety hazard or that is seriously offensive to persons of ordinary sensibilities within a dwelling.
D.
Height of Lights.
(1)
No outside luminaire, spotlight or other light source in a residential district, including lights attached to a post or a building and lights that are part of signs, shall have a height greater than 20 feet above the surrounding average finished ground level. In nonresidential districts, this maximum height shall be 60 feet.
(2)
This shall not limit lights needed for air travel safety or lights aimed directly towards a tower or steeple.
E.
Diffused. All light sources, including signs, shall be properly diffused with a translucent or similar cover or shield or reflecting device to prevent exposed bulbs from being directly visible from abutting streets or lots.
F.
Shielding. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to adjacent dwellings or residentially zoned areas and to prevent the dwellings or residentially zoned areas and to prevent the lighting from shining into the eyes of passing motorists.
G.
Maximum Candlepower. No lighting source, including signs, shall cause an illumination of greater than the following amounts, measured at the lot line of the receiving lot or street:
(1)
Two-tenths footcandle at the residential lot line between the hours of 10:00 p.m. and 7:00 a.m.
(2)
One footcandle at a residential lot between the hours of 7:00 p.m. and 10:00 p.m.
(3)
Three footcandles at any lot line other than a residential lot line or at the existing right-of-way line of a public street.
H.
Flickering. Flickering or strobe lighting is prohibited.
I.
Measurement. The maximum illumination levels of this section shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye. The standards of the International Commission on Illumination shall serve as a general guide in measurements in case of uncertainty. A footcandle is defined as a unit of measurement equaling the illumination on a surface one square foot in area where there is a distribution of light having a candlepower of one candela.
J.
There shall be no emission or transmission of heat or heated air that is discernible at the lot line.
K.
Where commercial uses abut a residential district, lighting on the property shall be limited to security and safety purposes only after standard business hours. Lighting beyond standard business hours, or for special sales events, must be approved by the Zoning Officer.
7.
Nonradioactive Liquid or Solid Wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream or into the ground of any liquid or solid materials except in accordance with the laws and regulations of the United States, Commonwealth of Pennsylvania, Lancaster County and Borough of Elizabethtown.
8.
Radioactivity or Electrical Disturbances. No activity shall emit radioactivity at any point or cause electrical disturbance adversely affecting the operation of radio, television or other equipment in the vicinity.
9.
Noise.
A.
No person shall operate or cause to be operated on private or public property any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth in the following table when measured at or within the property boundary of the receiving land use:
Sound Limits by Receiving Land Use and Time | |||
|---|---|---|---|
District or Land Use | Time | Sound Level Limit (dBA) | |
Residential or institutional zoning district or existing dwellings | 7:00 a.m. — 9:00 p.m. | 57 | |
9:00 p.m. — 7:00 a.m. plus Sundays and State holidays | 52 | ||
All other district and land uses | At all times | 64 | |
B.
The maximum permissible sound level limits set forth shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2)
Repair or construction work to provide electricity, water or other public utilities within the hours of 7:00 a.m. and 9:00 p.m., except for clearly emergency repairs which are not restricted by time.
(3)
Household power tools and lawn mowers between the hours of 7:00 a.m. and 9:00 p.m.
(4)
Motor vehicles traveling on State-owned streets.
(5)
Public celebrations specifically authorized by the Borough.
(6)
Railroad and aircraft.
(7)
The unamplified human voice.
(8)
Bells or chimes of places of worship.
C.
Air-conditioning units are specifically regulated by this section.
10.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
11.
Smoke. The maximum amount of smoke emission permitted shall be determined by the use of the Standard Rigglemann Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 shall be permitted.
§ 1314 Prohibited Uses.
[Ord. 766, 5/16/1996, § 13.13; as amended by Ord. 882, 2/15/2007]
The following uses are prohibited in all districts throughout the Borough:
A.
The incineration, reduction or storage of garbage, offal, animals, fish or refuse, the storage of hazardous waste (as defined herein), unless by the authority of or under the supervision of the Borough.
B.
Dumps and dumping of any kind, unless by the authority of or under the supervision of the Borough.
C.
The stripping of topsoil for sale, exclusive of the process of grading a lot preparatory to the construction of a building for which a building permit has been issued.
D.
Junkyards.
E.
The operation of any business which has as a substantial or a significant portion of its stock-in-trade obscene materials or offers live entertainment appealing to the prurient interest.
F.
Kennels.
G.
Massage Parlors. The operation of any massage parlor in which any of the following activities are carried on:
(1)
The treatment of any person, except upon the signed order of a licensed physician, osteopath, chiropractor, or registered physical therapist, which order shall be dated and shall specifically state the number of treatments. The date and hour of each treatment given and the name of the operator shall be entered on such order by the establishment where such treatments are given and shall be subject to inspection by the police. The requirements of this provision shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath, or registered physical therapist, chiropractor, or in a regularly established and licensed hospital or sanitarium.
(2)
The massage of, or physical contact with, the sexual or genital parts of one person by any other person. Sexual or genital parts shall include the genitals, public area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
(3)
The failure to conceal with a fully opaque covering the sexual or genital parts of the body of any person.
H.
The indoor use of fireworks, pyrotechnics, and/or open fires shall be prohibited inside any building or structure of the Borough.
§ 1315 Public Utility Facilities.
[Ord. 766, 5/16/1996, § 13.14]
Public utility facilities shall be permitted in any district provided that buildings or structures erected for these utilities shall be subject to the following regulations:
A.
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
B.
Height restrictions shall be as required by the district regulations.
C.
Unhoused equipment shall be enclosed within a chain link fence six feet in height and locked.
D.
When equipment is totally enclosed within a building, no fence or screen planting shall be required and the yards shall be maintained in accordance with the district in which the facility is located.
E.
If located within the Open Space and Conservation District, Institutional District, Residential Districts and Commercial Districts, screen plantings shall be required in accordance with the special yard lot and screening requirements of this Part.
[Amended by Ord. 975, 6/16/2016]
F.
The external design of the building shall be in conformity with the buildings in the district.
§ 1316 Self-Service Storage Facilities.
[Ord. 766, 5/16/1996, § 13.15]
Where permitted, self-service storage facilities shall comply with the following conditions:
A.
Buildings shall be so situated and/or screened that overhead doors are not visible from off the site.
B.
No business activity (other than rental of storage units), including miscellaneous or garage sales, and transfer/storage businesses that utilize vehicles as part of said business shall be conducted on the premises.
C.
Servicing or repair of motor vehicles, boats, trailers, lawnmowers, or any similar equipment shall not be conducted on premises.
D.
All self-service storage facility contracts shall include clauses prohibiting the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals, and the use of the property for uses other than dead storage.
§ 1317 Solid Waste Storage Facilities.
[Ord. 766, 5/16/1996, § 13.16; as amended by Ord. 882, 2/15/2007]
All multifamily, commercial and industrial buildings or uses shall include adequate facilities on site for the proper storage of solid wastes in accordance with the provisions of the Borough refuse and recycling collection regulations and as hereinafter provided:
A.
Storage areas shall have hardened, stabilized surfaces with outdoor areas constructed to prevent accumulation of rainfall.
B.
Storage areas shall be located such that collection vehicles will not obstruct the public street or otherwise violate Borough regulations while parked for collection of refuse and shall be provided with accessways facilitating ready deposit and collection of refuse.
C.
Storage areas shall be of sufficient size to accommodate the container capacity required to store the refuse accumulation between collections, but shall not be less than four by eight feet in size or of other dimensions providing an approved equal space.
D.
Dumpsters. Placement of a dumpster for commercial or residential uses not covered under the Refuse and Recycling Ordinance, Chapter 20, on any public street or within a public right-of-way shall require permit approval by the Chief of Police and shall be subject to the restrictions and limitations set by the Chief of Police. Placement of a dumpster on any lot or street shall require a use permit issued by the Codes Compliance Official. Placement of such a dumpster shall not exceed 30 days. Verbal approval may be extended upon request, for successive additional thirty-day time periods but shall not exceed a total time of six months. For continued placement after the expiration of six months, the permit may be considered for renewal upon application.
§ 1318 Structures to Have Access.
[Ord. 766, 5/16/1996, § 13.17; as amended by Ord. 882, 2/15/2007]
Every building hereafter erected, moved, or modified into apartments shall be on a lot adjacent to a public street. Vehicular or pedestrian access shall be provided to the public street or to an approved private street. Vehicular access to the property, including the driveway and off-street parking, is permitted from a public alley if the building fronts a public street. The erection of buildings without approved access shall not be permitted. Approved access shall also be defined in terms of the Subdivision and Land Development Ordinance [Chapter 22] and Ord. 667 [Chapter 21], as may be amended from time to time for street design.
§ 1319 Swimming Pools.
[Ord. 766, 5/16/1996, § 13.18; as amended by Ord. 882, 2/15/2007; and by Ord. 946, 3/21/2013]
Swimming pools shall be a permitted as an accessory use in all districts and shall comply with the following conditions and requirements:
A.
The pool is intended, and is to be used, solely for the enjoyment of the occupants of the principal use of the property on which it is located (including guests).
B.
It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than five feet to any property line; nor shall it be nearer to any street upon which the residence abuts than the existing setback line of the residence. In no case shall it be any closer than 20 feet to any street line.
C.
All swimming pools require a zoning permit and a construction code permit. Swimming pools shall comply with all regulations as outlined in the Uniform Construction Code.
[Amended by Ord. 983, 11/16/2017]
D.
All materials used in the construction of pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operating in such a manner as to be clean and sanitary at all times.
E.
Water may not be discharged from a swimming pool unless discharged directly into a storm sewer facility and, in so doing, does not flow onto adjacent properties or rights-of-way.
F.
Enclosed indoor pools must comply with applicable regulations pertaining to accessory structures.
G.
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no beam of light, only diffused or reflected light, enters adjoining properties.
H.
If the swimming pool discontinues use, the pool shall be properly emptied and dismantled within 30 days after receiving notice from the Codes Compliance Official.
§ 1320 Townhouses.
[Ord. 766, 5/16/1996, § 13.19]
Where permitted, all townhouses shall comply with the following:
A.
There shall be not more than six attached units in a row.
B.
A visual structural break shall be provided between every other dwelling unit. This architectural break in the structure is for the expressed purpose of providing access from the front of the unit to the rear of the unit.
C.
All other applicable provisions of this chapter.
§ 1321 Special Yard, Lot and Screening Requirements.
[Ord. 766, 5/16/1996, § 13.20; as amended by Ord. 882, 2/15/2007]
1.
Principal Uses and Structures on a Lot.
A.
Structures to have access. Every building hereafter erected, moved, or modified into apartments shall be on a lot adjacent to a public street. Vehicular or pedestrian access shall be provided to the public street or to an approved private street. Vehicular access to the property, including the driveway and off-street parking, is permitted from a public alley if the building fronts a public street. The erection of buildings without approved access shall not be permitted. Approved access shall be defined in terms of the Subdivision and Land Development Ordinance [Chapter 22] and Ord. 667 [Chapter 21], as may be amended from time to time for street design.
B.
More than one principal structure may be erected on a single lot, provided that a land development plan is submitted for approval and is in compliance with the following provisions:
(1)
On any single lot containing residential uses, more than one structure containing a permitted principal use may be erected on a lot, provided that:
(a)
The lot is in excess of four acres.
(b)
The yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
(c)
The front of any building (containing the front entrance) which contains two or fewer dwelling units shall face the street, or, in the case of a corner lot, a street on which the corner lot abuts.
[Amended by Ord. No. 990, 1/17/2019]
(2)
On any single lot containing only nonresidential uses, more than one structure containing a permitted principal use may be erected, provided that the yard and other requirements of this chapter shall be met for the entire lot regardless of the number of structures.
2.
Corner Lots.
A.
Yard requirements for corner lots. A front yard (as provided for in the lot requirements for the various districts) shall be required on each street on which a corner lot abuts. The remaining two yards shall be side yards.
B.
Obstruction to vision.
(1)
Special Yard, Lot and Screening Requirements. Walls, fences, signs or other structures shall not be erected or altered and hedges, trees or other growth shall not be planted or maintained in a manner which may cause danger to vehicular traffic on a street or road by obstructing the view.
[Amended by Ord. 975, 6/16/2016]
(2)
A clear-sight triangle of 100 feet, measured along the street lines of intersecting streets, shall be maintained. No structures or plantings, other than ground cover, may be located or planted within the clear sight triangle.
3.
Yard Regulations.
A.
Front Yards.
(1)
An accessory building shall not be erected within any front yard.
(2)
Parking shall not be permitted in front yards in residential districts except on paved driveways. All driveways and other paved surfaces shall comply with the provisions regarding driveways located in § 1323 and in the impervious coverage provisions of the respective zoning district.
(3)
Where buildings exist in the same block on either side, of an undeveloped lot, the setback line of the building to be constructed shall be at least the average of buildings constructed within the same block. In measuring to determine said building line, open porches shall not be construed as part of the building.
B.
Side Yards (for garage use only). No side yard setback shall be required where two garages are designed to abut in semidetached dwellings.
4.
Projections into Required Yards, Porches, Patios, Decks, etc. In all districts except the Central Business District, no building nor any portion of a building may project into any required yards, except as provided for below:
A.
An unenclosed projection with or without a roof in the nature of any entry, portico, platform, walkway or stoop extending not more than four feet out from the wall of a building shall be exempt from the requirements of its particular district when the building is otherwise in conformity. Chimneys, flues, columns, sills and ornamental architectural features may project not more than two feet into a required yard. Flagpoles shall be the exception.
B.
An unenclosed porch, deck, patio or platform and the accompanying steps to the ground or other structures, including but not limited to carports, must conform to the setbacks of its particular district but may be permitted as a special exception by the Zoning Hearing Board, provided that:
(1)
The building is otherwise in conformity with the regulations of its particular district.
(2)
The special exception would not conflict with the obstruction to vision requirements of this section.
(3)
A minimum setback of five feet from any side lot yard is maintained.
(4)
A minimum setback of 10 feet from any front or rear yard is maintained.
C.
A carport, open on three sides, may be erected within one of the side yards when attached to a main building existing at the effective date of this chapter, provided that the carport shall be not less than five feet from the side lot line.
5.
Buffer Yards and Screen Plantings.
A.
Buffer Yards.
(1)
Unless otherwise provided, where a commercial or industrial use adjoins a residential district or where a multifamily use, located in R-1 Low-Density and R-2 Medium-Density Residential Zoning Districts, adjoins a single-family residential use, a buffer yard of not less than 15 feet in width shall be provided along the lot lines in addition to the yard required for the district in which it is located.
[Amended by Ord. 975, 6/16/2016]
(2)
If a front yard is provided, the buffer yard may coincide with the front yard.
(3)
All buffer yard areas shall be planted and maintained with a vegetative material, and where required for multifamily, commercial and industrial uses, a screen planting shall be planted and maintained to the full length of side and rear lot lines which do not abut streets. All buffer yards shall be planted with grass or ground cover and, where required, a dense screen planting. Buffer yards shall be maintained and kept free of all debris and rubbish.
(4)
No structure, manufacturing or processing activity, or storage of materials shall be permitted in buffer yards. However, access roads, service drives, and utility easements not more than 35 feet in width are permitted to cross a buffer yard provided that the angle of the center line of the road, drive, or easement crosses the buffer yard at an angle not less than 60°.
(5)
No parking shall be permitted in buffer yards.
(6)
Prior to the issuance of a building permit, plans for buffer yards shall be submitted for review and approval to the Zoning Officer. Said plans shall show the arrangement of all of the buffer yards and the placement, species and size of all plant materials to be placed in such buffer yards. Said plan must be reviewed by the Planning Commission and approved by the Zoning Officer before a building permit may be issued.
B.
Screen Plantings. Screen plantings shall be located in the exterior portion of the required buffer yards and shall be in accordance with the following requirements:
(1)
Plant materials used in screen planting shall be at least four feet in height when planted, shall be planted no more than three feet apart, and be of such species as will produce, within three years, a complete year-round visual screen of at least six feet in height.
(2)
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(3)
The screen planting shall be so placed that at maturity it will be no closer than three feet from any ultimate right-of-way or property line.
(4)
A clear sight triangle shall be maintained at all street intersections and at all points where vehicular accessways intersect public streets.
(5)
The screen planting shall be broken only at points of vehicular or pedestrian access.
(7)
Screen plantings shall be provided between the property line and any off-street parking area and any outdoor solid waste storage area for any multifamily, townhouse, commercial or manufacturing use where the parking or solid waste disposal area abuts a residential zoning district or a lot occupied by a residential use.
(8)
A natural earthen berm of at least four feet in height may be utilized in conjunction with the screening material.
(9)
Any existing multifamily, commercial or industrial use and/or structure shall not be required to comply with the screening requirements except in cause of enlargement or exterior alteration of same, including alterations to total impervious coverage.
§ 1322 Propane Storage Tanks.
[Ord. 822, 2/15/2007; as amended by Ord. 975, 6/16/2016]
Propane storage tanks shall be installed in accordance with all applicable federal and state laws, rules and regulations.
§ 1323 Driveways.
[Ord. 822, 2/15/2007]
Placement of driveways or expansion of existing driveways shall meet the impervious coverage requirements of the zoning district.
A.
Number per Lot. No more than one per lot, unless approval for a variance is obtained. Two driveways are permitted on a corner lot, provided that there is only one driveway per street and the driveways are located outside of the clear-sight triangle.
B.
Setbacks. Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets nor within three feet of adjoining lot lines.
C.
Slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way line.
D.
Driveway width. No driveway shall provide a curb cut exceeding 24 feet in width.
E.
Surfacing. All driveways shall be paved with concrete or bituminous paving material.
F.
Driveways or off-street parking access from a public alley is permitted, provided that the building and lot fronts a public street and vehicular or pedestrian access is provided to the public street. All other regulations for driveways apply.
§ 1324 Unenclosed Storage.
[Ord. 822, 2/15/2007]
1.
Recreational Vehicles, Boats, Campers, Trailers, and Trucks. Within any residential zone or upon any property used principally for residential purposes, the storage of recreational vehicles, travel trailers, trucks, boats, and trailers used solely for the transport of the residents' recreational vehicle(s) owned by the resident of the property is permitted only according to the following requirements:
A.
The temporary parking of one such vehicle or trailer, for periods not exceeding 72 hours during any seven-day period, is permitted on a paved surface in any yard, so long as the vehicle is set back no less than 10 feet from any street right-of-way and five feet from adjoining property lines.
B.
The storage of such vehicles shall be permitted behind the building setback line, so long as the unit is set back no less than five feet from any adjoining lot line. All areas used for storage shall be maintained as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and registration and prevent leakage of fuels and/or lubricants into the ground.
C.
No such vehicle shall be stored in the front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses.
D.
Screening shall be provided along any side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one lot and stores the vehicle on an adjacent vacant lot owned by the same owner.
E.
The storage or parking of any commercial truck upon any residentially zoned lot or lot used principally for residential purposes is prohibited. For purposes of this section, commercial trucks shall include those that exceed a gross vehicle weight (truck plus rated payload) of 10,000 pounds. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited on any residentially zoned lot or a lot used principally for residential purposes.
§ 1325 Solar Energy Systems.
[Ord. 946, 3/21/2013]
1.
Purpose. The purpose of this regulation is to provide guidelines for the construction and use of solar energy systems while providing for the health and safety of all residents.
2.
Installation and Construction. The installation and construction of a solar energy system shall be subject to the following development and design standards:
A.
A solar energy system is permitted in all zoning districts as an accessory to a residential or a commercial use.
B.
A solar energy system may be roof-mounted and/or ground-mounted.
C.
A solar energy system shall provide power for the principal residential and commercial use and/or residential accessory use or commercial use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to others, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
D.
A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.
E.
A roof-mounted system may be mounted on a principal building or accessory building. However the solar energy system must be located no closer than three feet to the edge of the roofline. The solar energy system must comply with the building height requirements that are specified in each zoning district.
F.
A ground-mounted system shall not be mounted in the front yard of any principal or accessory building. The surface area shall be considered part of the building or structure's impervious coverage. The ground-mounted system shall not exceed 360 square feet of allowable lot coverage and must meet the accessory height regulations of that zoning district.
G.
The solar panels and supporting equipment shall be considered as one solar energy system.
H.
All mechanical equipment associated with and necessary for the operation of a solar energy system shall comply with the following:
(1)
Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential dwelling purposes. The screen shall consist of shrubbery, trees, or other plant materials which provide a visual screen. A decorative fence shall meet the requirements of this Section.
(2)
The mechanical equipment shall not be located within the front yard of any structure.
I.
Solar panels shall be constructed in such a manner so as not to direct solar radiation and/or glare onto nearby properties.
J.
All power transmission lines from a ground-mounted solar energy system to any building shall be located underground.
K.
The design of the solar energy system shall meet the requirements of the Uniform Construction Code. The local utility provider must be contacted in order to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from a certifying organization and any such design shall be certified by an engineer registered in the Commonwealth of Pennsylvania.
L.
The solar energy system shall be kept in good repair and sound condition. If the system remains unused for a period of six consecutive months, the device and all related structures shall be dismantled and removed from the lot within 60 days after being properly notified by the Zoning Officer.
§ 1326 Regulations Governing Erection of Energy Generating Wind Power Devices.
[Ord. 946, 3/21/2013]
1.
Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of wind power devices that are installed to reduce the on-site consumption of utility-supplied energy. Wind power devices are subject to reasonable conditions that will protect the public's health and welfare.
2.
Installation and Construction. The installation and construction of wind power devices is subject to the following development and design standards;
A.
Usage of wind power devices for residential and commercial purposes shall be permitted in all zoning districts within Elizabethtown Borough.
B.
Wind power devices for residential use on a residential lot shall be considered an accessory use.
C.
Wind power devices shall not be permitted to be mounted on rooftops in the R-1 Low-Density, R-2 Medium-Density and R-3 High-Density Residential Zoning Districts. The devices shall not be permitted to be mounted on the rooftops in the Mixed-Use and Central Business Districts.
[Amended by Ord. 975, 6/16/2016]
D.
The minimum lot size for the construction of a wind power device shall be one acre.
E.
Wind power devices are not permitted to be constructed in the front yard of a residential or commercial building.
F.
The height of a wind power device shall include the device's tower, rotor and the point where a blade is perpendicular to the ground. The height shall not exceed 75 feet in length.
G.
The required setback for the structure to be erected is 150% of the height of the device.
H.
The wind power device as well as all mechanical equipment associated with the device's operation shall be enclosed within a six-foot-high fence.
I.
Noise from any wind power device shall not exceed 60 decibels when measured from any property line where the unit is located.
J.
All electrical and utility lines associated with the wind power device shall be buried underground.
K.
The wind power device shall be kept in good repair and sound condition. If the wind power device remains unused for a period of six consecutive months, the device and all related structures shall be dismantled and removed from the lot within 60 days after being properly notified by the Borough Zoning Official or the designee of the Borough Zoning Official.
§ 1327 Geothermal Systems.
[Ord. 946, 3/21/2013]
1.
Purpose. The intention of this Section is to enable the Borough of Elizabethtown to promote the general health and welfare of the residents of the Borough by regulating and restricting the type of geothermal systems which may be installed and operated within the Borough, in order to protect and conserve the supply of underground water and prevent pollution.
2.
Permitting. In addition to all other requirements to obtain a zoning permit, the application shall state the kind of system to be installed; the name, address and telephone number of the proposed installer; and the plot plan of the lot, indicating the size of lot and location of the geothermal boreholes for heat pump systems. Said site shall be available for inspection prior to completion.
3.
Open Loop Geothermal System Prohibited. No person shall install or maintain an open loop system within the Borough.
4.
Closed Loop Geothermal System Permitted. A person may install and operate a closed loop geothermal system only in accordance with the requirements of this Section.
A.
No person shall (1) construct or install a geothermal system; (2) dig, bore, drill, replace, modify, repair or destroy a well that is intended to be or was part of a geothermal system; or (3) make any other excavation that may intersect groundwater without first obtaining a permit from the Borough.
C.
The only heat transfer fluids to be used in said system are a nontoxic environmentally safe material approved by the Borough Engineer.
D.
The only pipe which may be used for installation is geothermal polyethylene pipe or pipe material meeting the most current standard of the industry as approved by the Borough Engineer.
E.
Certified test results shall be provided to the Borough Engineer and provided and maintained by the property owner.
F.
All boreholes shall be drilled by Pennsylvania registered/licensed water well drillers.
G.
The property owner shall maintain a well log of the borehole and "as built" plans showing the location and specifications of closed loop geothermal components.
H.
The contractor shall provide data sheets indicating that the grout meets the requirements of NSF/ANSI Standard 60, Drinking Water Treatment Chemicals — Health Effects.
5.
System Testing. All geothermal systems installed under the provisions of this Section must be tested.
A.
The system shall be tested hydrostatically at 1 1/2 times the maximum system design pressure but not less than 200 psi.
B.
The duration of each test shall be not less than 15 minutes.
C.
All geothermal systems must be pressure checked to the original standard by a geothermal contractor licensed in the Commonwealth of Pennsylvania once every three years from the system's certification date. Results of the test shall be submitted to the Borough's Building Code Inspector.
D.
No person shall operate a system if a test reveals that it is likely to leak the heat transfer liquids.
§ 1328 Outdoor Eating Areas.
[Ord. 946, 3/21/2013]
1.
Outdoor dining areas shall be kept clean and clear of trash and/or spilled food. The dining establishment shall provide an appropriate trash receptacle for its customers to properly discard trash.
3.
Dining establishments that abut a public roadway shall provide a physical barrier around the tables and chairs in the form of bollards, chains, ropes or some other system that will appropriately ensure safety for all pedestrians. In the Central Business District, the proposal to create a physical barrier shall conform to the district's architectural design and must be presented to Borough for approval before being constructed.
4.
Outdoor dining establishments shall maintain 48 inches of sidewalk area so as not to impede the pedestrian thoroughfare commonly used by the public.
5.
Outdoor dining establishments shall abide by and comply with the standards and regulations enacted and promulgated by State and Federal agencies.
6.
Restrictions upon outdoor eating, as defined, shall not apply to a municipally sponsored event(s).
7.
Owners of outdoor dining establishments shall safely secure all tables and chairs during nonbusiness hours.
§ 1329 Retail Pet Shops.
[Ord. 946, 3/21/2013]
1.
A retail pet shop shall consist of no more than 15 dogs and/or cats, but may house an unlimited amount of fish, rabbits, gerbils, birds and other small animals as defined in Part 2, § 201, "pets."
2.
A retail pet shop sales area shall not be located closer than 250 feet from a residential zoning district. Animals shall not be permitted to use outdoor stalls or runs from 8:00 a.m. to 8:00 p.m. The section in which the animals are temporarily housed shall be adequately soundproofed so as to prevent the generation of sound.
§ 1330 Outdoor Hydronic Heaters.
[Ord. 946, 3/21/2013]
1.
Outdoor hydronic heaters shall be permitted as an accessory use to a principal use, by right, within all districts on lots that are one acre or larger. All outdoor hydronic heaters shall comply with the regulations of this section. It shall be the joint responsibility of the landowner and the applicant to prove compliance with this Section. This shall include the requirements of submitting manufacturer's specifications and maintenance documents, certification testing results, and any other required documents at the time of the application for both a construction and zoning permit.
2.
Treated or painted wood, furniture, trash, rubbish or garbage, tires, lawn clippings, woody yard waste(s), plastic materials, waste petroleum products, paints and paint thinners, chemicals, hazardous wastes, coal, paper wastes, construction or demolition debris, plywood, animal waste and/or carcasses shall not be burned in an outdoor hydronic heater.
3.
All outdoor hydronic heaters shall have a permanent attached stack. The minimum height of all stacks shall be 20 feet above the ground and otherwise installed according to the manufacturer's specifications.
4.
Clean wood, corn, wood pellets made from clean wood, home heating oil, natural gas, or propane that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor hydronic heaters or any other materials located in a manufacturer's list of specifications so long as the material is not prohibited by federal and state regulation(s) may be burned in an outdoor hydronic heater.
5.
Any outdoor hydronic heater shall be located on the same lot on which the principal use is located.
6.
All outdoor hydronic heaters shall meet the certification standards of the voluntary program of the EPA for Phase I air emission levels of no more than 0.60 pound of fine particulates per million British thermal units (BTUs) heat input and any amendments or modifications made hereafter.
7.
All outdoor hydronic heaters that are Phase 1 certified shall contain an orange hangtag on the boiler structure at all times. Phase 2 certified outdoor hydronic heaters shall contain a white hang tag on the boiler structure at all times.
8.
All outdoor hydronic heaters shall be located 150 feet from any side or rear lot lines and/or public road or alley rights-of-way.
9.
No signage or any form of advertising shall be utilized or attached to an outdoor solid-fuel-fired boiler. This requirement shall not include the make and model description of the outdoor hydronic heater, manufacturer's required hangtags or warning signs, the hangtags indicating EPA air quality specifications; or other signage that is required by law.
10.
Outdoor hydronic heaters shall comply with all applicable regulations of the Uniform Construction Code.
11.
In the event that an outdoor hydronic heater is damaged or it is physically deteriorated or decayed to the point where it no longer is compliant with this Section, said heater must be removed and or replaced with a new unit within 60 days of the date that notice is received from the Zoning Officer. In the event of replacement, all provisions of this Chapter in effect at the time of replacement shall be complied with.
12.
In the event that the outdoor hydronic heater is abandoned, the boiler, electrical wires, and any related equipment and structures shall be dismantled and removed from the property within 60 days of the date it was abandoned.
§ 1331 Oil and Gas Operations.
[Ord. 946, 3/21/2013]
It is the intent of the Borough to comply with Chapter 33, Local Ordinances Relating to Oil and Gas Operations, of Title 58 Oil and Gas, of the Pennsylvania Consolidated Statutes, as added by Act 13 of 2012. Oil and gas operations, as defined in 58 Pa. C.S.A. § 3301, shall be permitted within the Borough to the extent of and in the manner required by 58 Pa. C.S.A. § 3304. All provisions of this Zoning Ordinance shall apply to oil and gas operations to the maximum extent allowed by Chapter 33 of Title 58.
§ 1332 Short-Term Lodging Accommodations.
[Added by Ord. 983, 11/16/2017; as amended by Ord. No. 1009, 4/6/2023]
1.
Operators of short-term lodging accommodations shall conform to the following standards:
A.
Shall not provide meals for compensation.
B.
Shall apply for and receive a residential rental license. The short-term lodging accommodations will be inspected annually.
C.
The length of stay per transient occupant shall be limited to a maximum of 30 days.
D.
Short-term lodging accommodations shall not exceed the number of transient occupants allowed within the applicable zoning district.
E.
Operator(s) of short-term lodging accommodations shall not operate more than 150 cumulative days in a year and must operate such uses in strict conformance to all applicable provisions of the Elizabethtown Borough Code of Ordinances.
§ 1333 Accessory Dwelling Units.
[Added by Ord. 983, 11/16/2017]
1.
No lot shall contain more than one accessory dwelling unit.
2.
If the accessory dwelling unit is a separate structure, the accessory dwelling unit shall be smaller in both building footprint and height than the principal building on the lot.
4.
The owner of the lot shall maintain his or her principal primary residence in either the principal dwelling unit on the lot or in the accessory dwelling unit.
5.
The accessory dwelling unit shall not be sold separately from the principal building on the lot.
6.
The owner of the lot containing an accessory dwelling unit shall be responsible to secure electric, water and sewer service and shall tender payment of connection fees and applicable service fees for said utilities.
8.
Accessory dwelling units are not permitted within the Central Business District.
9.
Accessory dwelling units that are detached from the principal building on the lot shall have a minimum setback of six feet from the rear and side lot line. Accessory dwelling units that are attached to the principal building shall meet the setback requirements of the applicable zoning district.
10.
The construction of or conversion of an accessory structure, attic or basement area into an accessory dwelling unit shall meet the most current form of the Uniform Construction Code. A zoning permit and construction code permit application shall be required prior to commencing construction work.
11.
An accessory dwelling unit shall comply with all other applicable provisions of the Elizabethtown Borough Code of Ordinances.
§ 1334 Mixed-Use Short-Term Lodging Accommodations.
[Ord. No. 1009, 4/6/2023]
1.
Operators of mixed-use short-term lodging accommodations shall conform to the following standards:
A.
At least one unit within the building, residential or nonresidential, shall be owner-occupied.
B.
Shall not provide meals for compensation.
C.
Shall apply for and receive a residential rental license.
D.
The length of stay per transient occupant shall be limited to a maximum of 30 days.
E.
Operator(s) of mixed-use short-term lodging accommodations shall not operate more than 150 cumulative days in a year, and shall operate such uses in strict conformance to all applicable provisions of the Elizabethtown Borough Code of Ordinances.
F.
Mixed-use short-term lodging accommodations shall not be located on the ground floor.