Hanover City Zoning Code
ARTICLE V
Site Improvements Standards
§ 370-500 Permitted accessory structures and uses.
Accessory structures and uses that are clearly customary and incidental to a principal use are permitted by right, unless specifically stated in Article III, and are subject to the requirements of this chapter and the specific requirements in this section. The controls imposed within this article shall be held to apply uniformly throughout the Borough unless specifically stated.
§ 370-501 Accessory structures area and bulk controls.
A.
Unless specifically exempted, an accessory structure or use attached to a principal building shall comply with the area and bulk requirements of the principal building.
B.
Unless specifically exempted, accessory structures and uses shall not project into or be placed in required front, side or rear setbacks.
C.
Unless specifically exempted, accessory structures and uses shall not be located closer to the front lot line than the front wall of the principal building.
§ 370-502 Awnings, canopies, and overhead encroachments.
A.
Overhanging eaves, awnings, canopies, marquees, and entry steps/stoop coverings are permitted to encroach past minimum front yard setback, provided they are not in conflict with sidewalks, parking, travel lanes, street trees, and other streetscape furnishings. A minimum of eight feet above sidewalk level shall be kept clear of overhanging encroachment.
B.
Awnings shall project a minimum of 30 inches from the building facade and a maximum of 10 ft or two feet behind the curb, whichever is closest to the building.
C.
Awnings shall be cloth, glass, or standing seam metal. Structural elements may be metal, wood, or glass. Aluminum, vinyl, and plastic materials shall not be permitted.
D.
Awnings should incorporate an angled surface and not be entirely vertical or horizontal. Quarter-cylinder, bubble, and convex awning configurations are discouraged.
E.
Awnings and overhangs shall not be internally illuminated.
F.
Awnings and overhangs shall complement the fenestration pattern of the building facade - for example, rectangular awnings shall be used for rectangular windows, arched or bubble awnings for arched windows.
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§ 370-503 Balconies, porches, patios, and decks.
A.
Balconies. Balconies shall project no more than five feet from the facade. Balconies shall not project within five feet of a common lot line. Balconies may be enclosed by posts and balustrades (railings) and shall not be otherwise enclosed above a height of 42 inches. Balconies aligned vertically may post up to one another and share a single roof element.
B.
Porches. Roofed porches attached to a principal building shall be considered part of a principal building and shall comply with the area and bulk requirements of the principal building. Porches should be flush with or not more than eight inches below the ground story finished floor elevation, and should be at least five feet deep.
C.
Patios. Patios shall be at grade and unroofed. Patios may extend into required setbacks, up to one-foot from the property line. Patios shall count as impervious surface.
D.
Decks. Decks shall comply with principal building setbacks.
§ 370-504 Fences, walls, and barriers.
A.
Height. The maximum permitted height of a fence, wall, or barrier is six feet, with the exception of the following:
(1)
Fences, walls, or barriers in front yards (refer to Graphic 1) in residential districts or for residential-only uses in other districts, shall be ornamental fences/walls/barriers, limited to four feet in height. Fences, walls, or barriers shall have equally spaced open and closed sections of the same dimension. No opening shall be less than three inches and the fence, wall, or barrier shall have a minimum transparency of 60%.
(2)
Retaining walls necessary to support geo-technical needs of a lot.
(3)
A fence, wall, or barrier around a tennis court may be a maximum of 10 feet in height and shall not project into any front, side or rear yard of a lot.
(4)
A fence, wall, or barrier not exceeding 10 feet in height may be erected in any required yard for schools, playgrounds, parks, or in any required side or rear yard in commercial or industrial districts, except for a residential-only use.
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B.
Materials.
(1)
The following materials are permitted as visible surfaces for a front yard fence, wall, or barrier: Metal or Wrought Iron Picket (with safe picket tops); Brick; Stone; Finished or Cast Concrete; Wood; Vinyl Picket; or Finished Composite Wood. Chain-link or cyclone fences are not permitted in front yards.
(2)
All fence, wall, or barrier materials permitted in the front yard are permitted in the side and rear yard, with the addition of chain-link or cyclone fences.
(3)
To maintain consistency with the Borough's established character, fences, walls, or barriers using materials such as metal or polyvinyl chloride slats interwoven through chain link or cyclone fences, walls, or barriers shall not be permitted.
(4)
Hedges and shrubbery shall not constitute an open/closed fence, wall, or barrier.
(5)
Fences, walls, or barriers through which an electrical current can be passed, giving an electric shock to any person or animal touching it, shall not be permitted.
(6)
Fence, wall, or barrier requirements for outdoor swimming pools shall follow § 3109: Swimming Pool Enclosures and Safety Devices of the IBC 2009 Code for Swimming Pools.
(7)
Structural members such as stringers, rails, or the like that are used to support or stabilize a fence, wall, or barrier shall only be situated upon the interior side of the fence, wall, or barrier, facing the interior of the lot and not the adjacent lots or rights-of-way. For fences, walls, or barriers constructed of a combination of materials, the structural material shall only be situated on the interior of the structure (see Graphic 2: Interior/Exterior Face Orientation - Brick, Stone, or Cast Concrete.)
(8)
A transparent or opaque fabric windscreen affixed to a fence, wall, or barrier shall be permitted only as a temporary installation when located in the front yard. Any graphic, illustration, and or text on such a windscreen shall be subject to Borough sign requirements for the Zoning District in which the lot exists. Such an installation shall require the approval of the Borough Code Enforcement Officer. The maximum permitted period of time of the installation shall be six months, with the ability to extend the permitted period by 60 days with the approval of the Borough Manager.
(9)
A permanent windscreen shall be permitted to be affixed to any fence/wall/barrier so long as it is not located between the front lot line and the front facade as measured farthest from the lot line. No graphic, illustration and/or text shall exceed 48 square inches on any one face of any permanent windscreen.
(10)
Any retaining wall less than four feet in height as exposed above the ground plane shall not be required to have a structural review to identify geo-technical needs. Retaining walls greater than four feet are subject to the Borough building permit process. An applicant shall meet with Borough Staff and the Borough Engineer to review the retaining wall proposed location. If it is determined by the Borough Engineer that a geo-technical report is necessary, the applicant shall produce said report, including applicable recommendations associated with the proposed retaining wall construction.
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§ 370-505 Garage sales (including yard sales and porch sales).
A.
Garage sales shall include only the occasional sale of personal effects, and may include the rental of on-site parking spaces. A garage sale shall not include wholesale sales.
B.
No dwelling unit shall hold a garage sale during more than four days per calendar year.
C.
Garage sales shall only be conducted by the owner of the lot or tract where such activity is conducted, by an occupant of the dwelling unit thereon erected, or by a duly licensed transient retail vendor.
§ 370-506 Landscaping.
A.
Ground cover. All disturbed areas of developed property shall be suitably landscaped with trees, shrubs, ground cover, or turf to prevent dust, erosion or mud conditions.
B.
Street trees. As part of the development of any new primary structure, excepting a single-family or two-family dwelling, at least one deciduous tree for each 60 feet of street frontage (not including alleys) shall be planted. Street tree species shall be appropriate for their intended location, and shall not interfere with pedestrian facilities, utilities, or overhead wires. Trees shall have a minimum trunk diameter when planted of two inches measured one foot above the finished grade level.
C.
Required landscaped buffer. Except in Residential Districts, wherever any parking lot, trash collection, outdoor storage, merchandising, or service areas is within 30 feet of a common line with a Residential Zoning District, a planting screen at least four feet in depth shall be required, located along the lot line or other location sufficient to obstruct the clear and obvious view from the adjoining district. Where, because of grade changes, intense shade, or soil conditions, a planting screen cannot be expected to thrive, a wooden fence or masonry wall may be substituted.
D.
Landscaped buffer specifications. All landscaped buffer required by this chapter shall consist of plants at least 30 inches high when planted and maintained in a healthy condition and so pruned as to provide maximum opacity from the ground to a height of five feet at maturity. The proposed plantings should be expected to thrive and provide screening that will not create a nuisance or hazard.
§ 370-507 Lighting.
A.
Purpose. The purpose of these provisions is to minimize light trespass across lot lines; reduce light pollution that causes sky-glow; and reduce visibility-impairing glare. Any illumination or lighting which is of such intensity, or so directed, or so located as to cause a hazardous condition or danger to the person or property of others or interfere with and restrict the lawful use and enjoyment of property in the Borough by others may be declared to be a public nuisance.
B.
All indoor and outdoor lighting shall be designed, installed, located and maintained so that nuisance glare onto adjacent lots or streets shall be minimized and all direct illumination kept within the boundaries of the lot. Any glare on a lot shall not exceed a rating of three on the DeBoer Scale.
C.
Lighting elements that cast a perceptively unnatural spectrum of light (such as low pressure sodium and mercury vapor sources) are not permitted. Fluorescent lights, not including compact fluorescent bulbs that use standard sockets, shall not be used for exterior lighting. Low voltage and light emitting diode (LED) lighting systems are encouraged.
D.
Flashing, blinking, running, scrolling, traveling, animated, or intermittent lighting shall not be visible from the exterior of any building unless associated with a temporary holiday display.
E.
Light sources shall be fully shielded or cutoff and shall not be visible from any street right-of-way or abutting property.
F.
Lighting shall use sensor technologies, timers or other means to activate lighting only during times when used. All non-residential site lighting, including building, sign and parking lot lighting, shall be kept extinguished outside of those business hours, except for lighting determined to be necessary for site security and the safety of residents, employees, and customers.
G.
Illumination levels. Two lighting zones are established as follows. If the Applicant can demonstrate that an equivalent result can be produced through a proposed alternative lighting solution, Borough Council may grant approval to said Photometrics Plan:
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(1)
Lighting Zone 1 - Residential Districts and MU Zoning District.
(a)
There shall be a maximum illumination value shall be 0.10 horizontal and vertical foot-candles at all lot lines when measured three feet above the ground surface.
(b)
The maximum on-site illumination value shall be three foot-candles and the average on-site illumination value shall be less than or equal to one foot-candle when measured three feet above the ground surface.
(c)
No more than 5% of the fixture's lumens shall be emitted at a 90 degree angle or greater from nadir.
(d)
Lights on motion sensors shall not be triggered by movement or activity located off the property on which the light is located.
(2)
Lighting Zone 2 - All Other Zoning Districts.
(a)
There shall be a maximum illumination value of 0.20 horizontal and vertical foot-candles at all lot lines when measured three feet above the ground surface.
(b)
The maximum on-site illumination value shall be 5.0 foot-candles and the average on-site illumination value shall be less than or equal to 1.5 foot-candles when measured three feet above the ground surface.
(c)
No more than 10% of the fixture's lumens shall be emitted at a 90 degree angle or greater from nadir.
§ 370-508 Outdoor display and seating.
A.
Outdoor activities accessory to ground-floor retail businesses and consumer services, including outdoor dining areas, outdoor display of products actively available for sale, and a single temporary sandwich board sign (not larger than six square feet per face) shall be allowed within street-facing front or side yard areas.
B.
Outdoor accessory activities shall not block any building entrances and shall not be located in the public right-of-way unless otherwise permitted.
C.
All displays, seating, and other elements shall be stored inside a fully-enclosed building outside of business hours.
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§ 370-509 Outdoor commercial and industrial storage.
A.
Outdoor storage of commercial or industrial materials shall be permitted only if such storage is part of the normal operations conducted on the premises, subject to design and performance standards.
B.
Storage shall not occupy any part of the public right-of-way, or any area intended or designed for pedestrian use, required parking, or required buffer areas. Storage shall not be located on land with an average slope in excess of 15%.
C.
Organic rubbish or storage shall be contained in airtight, vermin-proof containers which shall also be screened from public view. All such storage shall be located behind the minimum front yard setback line.
§ 370-510 Outdoor storage of boats, motor homes, campers, trailers and similar.
A.
Outdoor storage of vehicles shall abide by the Borough's Large Vehicle Ordinance.[1]
[1]
Editor's Note: See Ch. 348, Vehicles, Large and Oversized.
B.
In Residential districts, boats, motor homes, campers, general utility trailers or similar shall not be parked or stored outside an enclosed building in excess of three continuous weeks.
C.
Trailers used for office or storage purposes for building contractors are excepted. Any travel trailer and accompanying equipment so used by a building contractor shall be promptly removed upon completion of construction.
D.
The three-week period shall be considered broken only if said vehicle is removed from the Borough for a period of at least three weeks, or stored within a structure for a period of at least three weeks.
§ 370-511 Parking and loading requirements.
A.
Off-street parking requirements. Any application for a zoning permit, conditional use, or special exception shall include a site plan and other required documents as described below, illustrating proposed off-street parking spaces.
B.
Parking lot standards.
(1)
Access.
(a)
Off-street parking spaces shall be accessed via an entrance driveway or access road, and not directly from any public street excepting an alley. Surface Parking spaces accessed directly from an alley shall be a minimum of 25 ft in depth.
(b)
Driveways through a required front or side yard shall be a maximum of 12 feet in width for a one-way driveway and 24 feet for a two-way driveway. In all Residential districts except R-1, driveways through a required front or side yard shall be no wider than 12 feet. In R-1, driveways in front and side yards may be a maximum of 20 feet wide.
(c)
Driveway curb cuts shall be located a minimum of 50 feet from an intersection and 50 feet from other curb cuts.
(d)
Driveways and curb cuts shall not disrupt pedestrian movement; any existing or required sidewalk shall continue across a proposed driveway, with ADA-compliant ramps and tactile strips placed as needed.
(e)
Driveways, curb cuts, and internal circulation aisles, emergency lanes, and drop-off areas shall remain free of obstructions and shall not disrupt vehicular movement on adjacent streets or within adjacent lots.
(2)
Location.
(a)
Not in public right-of-way. Off-street parking shall not be located within any public right-of-way unless otherwise specifically stipulated as allowable in other sections of the Borough Zoning Ordinance. Parking aisles and any maneuvering required to reach a parking space shall not occur on any public street, excepting alleys.
(b)
Setbacks. Except in the Lower Density Residential (R-1), Corridor Business (CB) and Planned Development (PD) districts, all parking spaces shall be located behind the front wall of the primary structure, or side wall for a parking lot accessed across a street-fronting side lot line. For lots without a primary structure, all parking spaces shall be located behind the furthest extent of a front or street-fronting side setback. Within the CB and PD districts, parking lots may be permitted in required setbacks, however, parking lots shall be located at least five feet from any right-of-way line, with the area between the right-of-way line and parking area landscaped.
(c)
Off-site parking. Required off-street parking may be provided by one or more off-street parking lots or structures, provided that all such lots or structures meet the requirements of this section; all required parking is located 400 feet of walking distance from the subject use; and a right-to-use agreement is legally recorded and attached to all lots involved.
(d)
Shared parking. Multiple uses may provide parking in a common parking lot, provided the total number of spaces in such lot provides for the sum of required parking, except as allowed by other provisions. Shared parking shall be located within 400 feet of the uses it serves. A right-to-use agreement shall be legally recorded and attached to all lots involved.
(e)
On-street parking. In Downtown (D) district, 40% of the public on-street parking spaces within 400 feet of a use's primary entrance may count towards required parking. In Mixed-Use (MU) districts, 40% of the public on-street parking spaces within 400 feet of a commercial use's primary entrance may count towards required parking.
(3)
Dimensions.
(a)
Parking areas serving more than two dwelling units shall have marked parking spaces.
(b)
Individual parking spaces shall be at least nine feet by 18 feet in size.
(c)
The layout of spaces, aisles, and driveways shall be in a manner that facilitates the motion of vehicles without having to move another, subject to review by the Borough Engineer.
(4)
Surface.
(a)
Parking areas containing more than four parking spaces shall have an approved surfacing of asphalt, concrete, brick, pavers, or other surface as approved by the Borough Engineer, and shall be capable of use in all seasons.
(b)
Stormwater runoff shall meet requirements of the Borough's SALDO and stormwater ordinances.
(5)
Landscaping.
(a)
Along a public right-of-way. Any portion of a parking area fronting a public street other than an alley shall include a landscaped buffer of at least five feet in depth between the right-of-way and the paved parking area.
(b)
Screening. Any portion of a parking area serving a non-residential use that abuts a lot within a Mixed-Use (MU) district or any residential (R) district shall provide a continuous evergreen hedge, opaque fence, or wall six feet in height between the parking area and the lot withing the MU or R district.
(c)
Interior landscaping. Any parking lot with 30 or more parking spaces shall be required to provide landscaped areas within islands, peninsulas, and/or at corners of the parking area. This required landscaped area shall be equal to a minimum of 5% of the total paved area.
(d)
Trees. For a new or reconstructed parking lot, one deciduous tree shall be required for every 4,000 square feet of paved parking area, including driveways. At the time of planting, trees shall have a trunk diameter of two inches measured at one foot above finished grade level.
(6)
Lighting. Parking lighting shall meet performance standards for lighting in this article. In addition, the following regulations apply:
(a)
Parking area light fixtures shall be limited to a maximum of 20 feet in height.
(7)
Accessible parking. As applicable, all new and substantially new structures and/or required parking facilities shall be in compliance with the Pennsylvania Accessibility Act and Americans with Disabilities Act (ADA). Accessible parking spaces shall be located, dimensioned, surfaced, and signed in accordance with these acts.
C.
Required parking spaces.
(1)
Minimum parking requirements table. If the specific use is not listed here, the Zoning Officer shall use the most proximate use or determine minimum parking through a parking study provided by the applicant. Multiple uses shall provide the sum of parking required by the individual uses, except as permitted below.
Use | Required Off-Street Parking Spaces |
|---|---|
Residential Uses | |
Dwelling Unit - Studio or 1 bedroom unit below 800 sq. ft. | 1.4 spaces |
Dwelling Unit | 2 spaces for first 2 bedrooms + .4 space per additional bedroom |
Boarding House | 1 space per guest room |
Group Care Facility; Group Home; Halfway House | 1 space per resident + 1 space per resident or non-resident employee |
Retirement Home; Nursing Home | 0.5 space per residence unit + 1 space per employee during largest shift |
Short Term Rental | Reference § 370-445 |
Non-Residential Uses | |
Automobile Repair Garage; Body Shop | 2 spaces per repair/service bay + 1 space per employee during largest shift |
Automobile Fueling Station | 1 space per employee during largest shift |
Bed-and-Breakfast; Hotel or Motel | 1 space per rentable guest space |
Convenience Store | 1 space per 200 square feet |
Day Care | 1 space per teacher and/or employee + 1 drop-off space per 5 students |
Eating Establishment; Bar; Tavern; Tasting Room | 1 space per 3 seats |
Home Occupation | base requirement for the dwelling + 1 space per employee |
Industrial; Manufacturing; Wholesale Use | 1 space per employee during largest shift |
Medical and Dental Clinics and Laboratories; Animal Hospital; Hospital | 1 space per exam room + 1 space per employee during largest shift |
Personal Services; Business Services Establishment | 1 space per 200 square feet of customer service area |
Professional Office | 1 space per 300 square feet of total floor area |
Retail Establishment | 1 space per 300 square feet of customer area |
School | 1 space per faculty member and/or employee + 1 space per 4 students, aged 16 or older |
Theater, Place of Assembly or Worship; Funeral Home | 1 space per 4 seats |
(2)
Parking reductions. The following parking reductions are available, but shall not be used in combination.
(a)
Special exception. The Zoning Hearing Board may permit a reduction, through a special exception, of the number of parking spaces required for an individual use listed in the table above, provided the applicant can demonstrate, using existing and projected employment, customer, resident or other relevant data, that a reduction in the off-street parking spaces as required by this article is warranted.
(b)
Mixed-uses. Multiple uses sharing a parking facility (e.g., a shopping center, a mixed-use building, or off-site shared parking) may reduce the total amount of required parking if the applicant can demonstrate that the peak parking demands associated with the uses are offset during a typical day. The matrix to the right provides guidance for reducing parking requirements for common use combinations, whereas the combined parking required by all uses is divided by the factor in the matrix. For example, a retail + residence development normally requiring 50 +50 = 100 parking spaces, would instead require 100/1.2 = 83 spaces.
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(c)
Park-once environments. Uses within the Downtown or Mixed-Use zoning districts, or within a shopping center use, may reduce total required parking by 40%.
D.
Loading standards.
(1)
Loading spaces shall be logically and conveniently located for pickups and deliveries and scaled to anticipated delivery vehicles. Loading spaces shall not be located in a required front yard.
(2)
Loading space shall be either striped/signed separately from required parking, or applicants shall demonstrate that loading activities occur during off-peak times.
(3)
Loading spaces for vehicles of over two-ton capacity shall not be closer than 30 feet to any property in a Residential or MU district unless completely enclosed by a structure, or screened by an opaque fence or wall at leasts six feet in height.
§ 370-512 Satellite dish antennas.
The Borough of Hanover has determined that private satellite dish antennas over two feet in diameter impact upon the surrounding neighborhood to a greater extent than other antennas and are hereby regulated as follows:
A.
Satellite dish antennas over two feet in diameter shall not be erected on any part of a principal or accessory structure nor on the buildable area of a lot between the front yard and a line parallel to the front line of the principal structure on the lot nor in the buildable area of the lot between the side yard and the principal structure on the lot.
B.
No more than one satellite dish antenna per principal use or one per dwelling unit for duplexes and multi-family residential uses, shall be erected on a lot, except in the case of licensed radio or television broadcast facilities and public uses and facilities.
C.
In Residential, Mixed Use, and Downtown districts, all satellite dish antennas shall be located so as to not be visible from the public right-of-way in front of the building.
§ 370-513 Sight lines.
Clear-Sight triangle. On a corner lot a structure, fence, wall, planting, or vehicle shall not be erected, placed, planted, or allowed to grow in such a way as to impede vision of pedestrian and vehicular traffic within clear-sight triangles on all corners between a height of 2.5 feet and seven feet above the center-line grades of intersecting streets. The clear-sight triangle is formed by the intersecting center lines of the streets and a third side closing the triangle where it touches the corner lot.
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§ 370-514 Solar systems.
A.
Applicability. This section applies to building-mounted and ground-mounted systems installed or constructed after the effective date of the section. Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall also comply with the provisions of this section.
(1)
Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot.
(2)
Building-integrated systems, as defined by this section, are not considered an accessory use and are not subject to the requirements of this section.
(3)
All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in the Zoning Ordinance.
(4)
Solar PV systems shall be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority. All wiring shall comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania. The solar PV system shall be constructed to comply with the most recent fire code as amended and adopted by the Commonwealth of Pennsylvania.
B.
Location.
(1)
Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area. Building-mounted systems shall only be mounted on lawfully permitted principal or accessory structures.
(2)
Ground-mounted systems shall comply with setback requirements for accessory structures. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts. Ground-mounted systems shall not be located between the front lot line and the front wall of the principal building. For ground-mounted systems, all exterior electrical lines shall be buried below the surface of the ground where possible or be placed in conduit.
(3)
The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the parcel's lot coverage limitations for the zoning district.
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C.
Height.
(1)
For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.
(2)
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
(3)
Building-mounted systems on a sloped roof shall not be required to be screened.
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(4)
For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.
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(5)
Ground mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.
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D.
Non-conformities.
(1)
If a building-mounted system is to be installed on any building or structure that is non-conforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section.
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(2)
If a building-mounted system is to be installed on a building or structure on a non-conforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage non-conformity and so long as it complies with the other provisions of this Section.
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(3)
If a ground-mounted system is to be installed on a lot containing a structure that is non-conforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is non-conforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.
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E.
Signage. Signage or graphic content shall not be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
F.
Permit. Before any construction or installation on any solar PV system shall commence, a permit issued by Hanover Borough shall be obtained to document compliance with this section and any other applicable section.
G.
Inspection. The Borough reserves the right to inspect a solar PV system for building or fire code compliance and safety.
(1)
If upon inspection the Borough determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Borough may order the landowner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the landowner of his or her right to appeal such determination.
(2)
If a landowner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Borough may enter the lot remove the system and charge the landowner for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the landowner's expense.
(3)
In addition to any other available remedies, any unpaid costs resulting from the Borough's removal of a vacated abandoned or de-commissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Borough shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107, et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Borough in connection with the removal work and the filing of the Borough's claim.
§ 370-515 Swimming pools.
A.
All swimming pools in Residential Districts which are over 1,000 gallons capacity shall require an approved filtering and treatment system which will produce a safe purity level and shall conform to the following requirements:
B.
No part of a permanent in-ground or aboveground private residential swimming pool, accessory to a one-family or two-family dwelling, shall be located in front of the principal building, or closer than five feet to a side or rear lot line.
C.
Entrance to the pool must be protected by a barrier height of four feet. In the case of sunken or submerged pools, they must be surrounded by a permanent continuous fence as a safeguard which is at least four feet high and has a lockable gate. In the case of pools constructed above the ground level, their construction and safeguards must be such that there is a four foot barrier around the pool with lockable access into the pool. Building Code requirements shall pre-empt these requirements where applicable.
D.
Emptying or discharging water from any pool shall follow regulations of the Hanover Stormwater Management Ordinance.[1]
[1]
Editor's Note: See Ch. 310, Stormwater Management.
E.
Safeguards for abandoned or empty swimming pools must be maintained until filled or removed.
§ 370-516 Temporary structures.
A.
A temporary structure shall be determined to be for a use which is permitted in the zoning district. Said structure shall not be used to house a permanent use. Temporary structures may include but are not limited to: a kiosk, tent, accessory recreational structure, shed or trailer that is temporarily used for construction purposes. Such structures shall not disturb or impair traffic ingress/egress, the clear sight triangle at intersections of driveways and streets or the intersection of streets and fire lanes and shall be authorized, in writing, by the owner of the lot(s).
B.
A temporary structure may be permitted on private property, for a period of up to 45 days. An extension of time may be requested by the landowner and/or developer in writing to the Zoning Officer, provided the purpose for which the temporary structure has been permitted and is still actively occurring. In no case shall more than two 45 day extensions be permitted.
C.
A temporary structure may be permitted in Borough right-of-way for a period of up to 30 days.
§ 370-517 Utility, mechanical, and waste equipment.
A.
Mechanical equipment, including air compressors, mechanical pumps, exterior water heaters, water softeners, utility and telephone company transformers, meters or boxes, garbage cans, dumpsters, storage tanks, and similar equipment shall be screened with opaque fencing or walls.
B.
Trash collection areas, trash compaction, recycling collection and similar service areas shall be located to the side or rear of buildings, behind the front wall of the principal structure, and shall be screened with opaque fencing or walls. Outdoor waste storage shall be secured in a manner that facilitates pickup and prevents windblown waste, pest attraction, odors, leaks, or other impacts to adjacent uses.
C.
Multi-family waste and recycling storage. Garbage, recycling, and other waste for properties with three or more residential units shall be stored in shared, lidded Dumpster-type containers to prevent the excess proliferation of smaller waste containers. Containers shall be located at least three feet from all lot lines, and within 250 feet of the building entrance.
§ 370-518 Wind-related systems.
Windmills, wind wheels, or wind energy conversion systems (WECS) shall be permitted in all zoning districts, subject to the following conditions:
A.
No said systems or equipment shall be erected in a front yard or within the area between a front lot line and the front building facade of the principal building on the lot.
B.
The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and shall not be more than 45 feet in height.
C.
The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.
D.
All electric lines/utility wires shall be buried underground.
E.
Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed by a six foot fence with screening planting in accordance with this chapter. The supporting structure shall also be enclosed by a six foot fence, unless the base of the tower is not climbable for a distance of 12 feet.
F.
When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet.
G.
One windmill, wind wheel or WECS shall be permitted per lot.
H.
The resultant energy harnessed from the wind shall not be used on property other than that on which located, unless all applicable cogeneration requirements are met.
I.
The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 days.
J.
The applicant shall demonstrate that any noise from the wind generating unit shall not exceed 45 dBA measured at the property line.
(1)
A "decibel" shall mean a unit for measuring the relative intensity of sounds. More specifically, a unit for expressing the ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.
(2)
A "weighted" sound level shall mean the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of 20 micro-pascals using the "A" weighted network (scale) at slow response. The unit of measurement shall be defined as dB (A).
§ 370-519 Design standards.
A.
Drawings and renderings. For projects involving new construction, additions, or complete exterior reconstruction, zoning permit applications shall include building elevations, facade drawings, and/or renderings.
B.
Yard standards.
(1)
For ground floor residential uses, required setbacks along non-alley streets shall be landscaped with vegetation, outside of driveways, walkways, stoops, patios, or similar extensions.
C.
Fenestration standards. The facade of a principal building which faces a non-alley street shall be considered a front facade. A corner building shall have a front facade and a secondary facade(s).
(1)
At least one primary and functional entrance shall be included in a front facade. The entrance shall be accessed via a front porch where such a porch is required.
(2)
A residential ground floor front facade shall consist of at least 20% fenestration (window and door openings).
(3)
A commercial ground floor front facade shall consist of at least 40% fenestration. Commercial windows shall be transparent and at least 60% unblocked by interior displays, signage, shelves, etc.
(4)
Upper floor front facades shall consist of at least 15% fenestration (window/door openings).
D.
Building projections.
(1)
Residential porches. A covered front porch shall be required where 50% or more of the buildings along the immediate block face include a covered front porch. The front porch shall have a minimum depth of five feet, and a width typical to existing porches on the block face. The front porch shall not be enclosed except by railings or walls below 42 inches in height.
(2)
Residential Balconies and Decks. Upper floor balconies or decks shall not encroach withing five ft of a lot line. Front balconies or decks shall not project more than five feet from a front facade. Front balconies and decks shall not be enclosed above 42 inches.
