Hughesville City Zoning Code
PART 5
SUPPLEMENTARY LOT REGULATIONS
§ 501 Purpose.
[Ord. 8-1994, 12/12/1994, § 500]
The provisions of this Part represent standards and regulations that shall be applied to all uses in addition to those established for the applicable zoning district. These regulations are to be used either in common within all zoning districts or are to be applied to specific situations as may be otherwise stated throughout the chapter.
§ 502 General Lot Requirements.
[Ord. 8-1994, 12/12/1994, § 501]
1.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
2.
No part of a yard, or other open space, or off-street parking area or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or use. (See also § 505, Subsection 1.)
3.
Every principal building hereinafter erected shall be located on a lot as defined. There shall not be more than one principal residential building and its accessory structures on one lot, except in the case of multifamily housing developments, mobile home parks or other approved land developments.
4.
The minimum lot width of any lot shall be measured along the minimum building setback line as required for that district. Lots located on cul-de-sac turnarounds or curves in the road or lots of unusual shape may have lot widths of less than those required provided that the average of the front and back lot line is equal to or greater than the required lot width.
5.
No dwelling shall hereafter be erected or altered unless there is direct access to it through an open space on the same lot. Such open space shall be at least 20 feet in width and shall extend to a public or private street.
6.
No portion of a lot included in a street right-of-way shall be included in calculating the lot's area.
§ 503 Yard Requirements.
[Ord. 8-1994, 12/12/1994, § 502; as amended by Ord. 6-2007, 10/8/2007]
1.
Projections.
A.
Chimneys, flues, cornices, eaves, gutters, steps or bay windows may project into any required yard, but not more than 24 inches.
B.
Covered porches, covered patios, covered decks and attached garages or car-ports, whether enclosed or unenclosed, shall be considered part of the main building and shall not project into any required yard.
C.
Uncovered porches, patios or decks may project into required side or rear yard areas up to 1/2 of the required dimension, but in no case shall they be located closer than five feet to any property or street right-of-way line.
2.
Front Yards.
A.
Front yard setbacks shall be as set forth in Part 3, the district regulations, and shall be measured from either the center line of the adjoining street or from the edge of the adjoining street right-of-way, as provided.
B.
Accessory buildings or structures may not be erected within any front yard, except as may be provided otherwise below or in § 431.
C.
When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard, the front yard of such unimproved lot shall be the same depth as the average of the two adjacent improved lots.
D.
When the setback of existing principal buildings is greater than the minimum provided in the district regulations, the required setback of a principal building hereafter erected shall be the same as or greater than the average setback of existing buildings in the same block, on the same side of the street.
E.
Where an addition is proposed for an existing, principal building which extends into the required front yard, the addition may be authorized by the Zoning Officer so long as the addition is located no closer to the right-of-way than the existing structure.
F.
Signs may be erected within a required front yard in accordance with the requirements set forth in Part 7.
3.
Side Yards.
A.
Side yards shall be measured from the property line or from the edge of any adjoining street or alley right-of-way line.
B.
On a corner lot, the side yard abutting the street shall be no less than 10 feet from the edge of the adjoining street right-of-way line.
C.
Accessory buildings or structures may not be constructed within a required side yard, except as may be provided in the district regulations.
D.
Signs may be erected within a required side yard in accordance with the requirements set forth in Part 7.
E.
Where an addition is proposed for an existing, principal building which extends into the required side yard setback area, the addition may be authorized by the Zoning Officer so long as: the addition extends no further into the required side yard than the existing structure; it does not obstruct the clear sight triangle of an intersection; it is no closer than 12 feet to the center line of any adjoining alley; and it does not exceed 400 square feet in gross floor area.
4.
Rear Yards.
A.
Rear yards shall be measured from the property line or from the edge of any adjoining street or alley right-of-way line.
B.
Accessory buildings or structures may not be constructed within a required rear yard, except as may be provided in the district regulations. Where permitted, such buildings or structures shall be located at least 12 feet from the center line of any adjoining alley.
C.
Signs may be erected within a required rear yard in accordance with the requirements set forth in Part 7.
D.
Where an addition is proposed for an existing, principal building which extends into the required rear yard setback area, the addition may be authorized by the Zoning Officer so long as: the addition extends no further into the required rear yard than the existing structure; it does not obstruct the clear sight triangle of an intersection; it is no closer than 12 feet to the center line of any adjoining alley; and it does not exceed 400 square feet in gross floor area.
§ 504 Height Regulations.
[Ord. 8-1994, 12/12/1994, § 503]
1.
Height regulations shall not apply to spires, belfries, cupolas, penthouses (not used for human occupancy), nor to chimneys, ventilators, skylights, utility poles or towers, solar collectors or related equipment, and ornamental or necessary mechanical appurtenances normally associated with homes, churches and similar establishments. Such appurtenances shall however be erected only to such height as is necessary to accomplish their intended purpose. (See also Subsections 2 and 3 below.)
2.
Agricultural or industrial structures such as barns, silos, grain elevators, storage tanks or similar types of structures may be erected above the height limits specified in Part 3, the district regulations.
3.
The height of all exterior antennas shall be governed by the provisions of § 429 of this chapter.
4.
Notwithstanding any of the exceptions outlined above, the location and height of all structures shall be in accordance with all applicable rules, regulations, standards and criteria of the U.S. Department of Transportation, Federal Aviation Administration.
§ 505 Miscellaneous Provisions.
[Ord. 8-1994, 12/12/1994, § 504]
1.
Two or More Principal Uses in Same Building. When two or more principal uses occupy the same building (not including home occupations as defined in § 424), sufficient parking spaces, open space, etc., shall be provided so that the standards pertaining to each use will be met in full, unless provided otherwise in this chapter or as part of an authorized land development.
2.
Fences and Walls.
A.
No fence or wall exceeding six feet in height shall be erected within any of the yards required by this chapter, except in the industrial district where security fences may be up to eight feet in height. (See also Subsection 2C below.)
B.
Fences or walls not exceeding six feet in height may be permitted to be located within any of the required yards, but shall be setback at least two feet from all property lines and from the edge of any adjoining street, road or alley right-of-way. Where, however, there is written mutual consent between adjoining property owners, a fence or wall may be placed on a property line. A copy of such mutual consent, along with arrangements for maintenance of the fence or wall, shall be submitted to the Zoning Officer along with the application for placement of the structure.
C.
In no case shall a fence or wall be erected which could cause danger to traffic on a street or road (whether public or private) by obscuring a driver's view or which does not comply with clear sight triangle requirements contained in § 505(3) below.
D.
Fences having only one finished side shall be installed so that the finished side faces out or away from the subject property.
E.
All fences shall be maintained in good condition and shall not be allowed to become dilapidated.
3.
Obstructions to Vision at Street or Driveway Intersections.
A.
No fence, wall, sign or other structure shall be erected or altered and no hedge, trees, shrubs or other growth shall be maintained which may cause danger to traffic on a street or road by obscuring a driver's view at a street or driveway intersection.
B.
At all street and/or driveway intersections, no obstruction or planting measuring between 30 inches above road grade and eight feet above road grade shall be permitted within the clear sight triangle. A clear sight triangle shall be defined as that area of unobstructed vision at street intersections formed by lines of sight between points which are a specified distance from the intersection of the street center lines. These distances shall be as provided below:
4.
Drainage and Stormwater Management. All drainage and/or stormwater management standards set forth in the Subdivision and Land Development Ordinance in effect in Hughesville Borough and Act 1978-167, the Pennsylvania Stormwater Management Act, shall be met to the satisfaction of the Borough Zoning Officer before the issuance of a building/zoning permit. As per the requirements of Act 167, the post development runoff rate of the site shall not exceed the predevelopment runoff rate.
5.
Erosion and Sedimentation Control. All erosion and sedimentation control requirements set forth in the Subdivision and Land Development Ordinance in effect in Hughesville Borough and DER, Title 25, Chapter 102, "Erosion Control," shall be met to the satisfaction of the Borough Zoning Officer before the issuance of a building/zoning permit.
6.
Outdoor Lighting on Private Premises. All outdoor flood lighting and spot lighting on private premises shall be mounted and shielded to effectively eliminate direct glare on adjacent properties or on public streets.
7.
Stripping of Top Soil. No person, firm or corporation shall strip, excavate or otherwise remove top soil, shale or gravel for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building or structure on such premises and the excavation or grading incidental thereto.
§ 506 Buffer Yards.
[Ord. 8-1994, 12/12/1994, § 505]
1.
Where an industrial use abuts a residential district boundary line, a buffer yard of at least 10 feet shall be required. The buffer yard shall be a part of the industrial operation and shall be maintained by that property owner.
2.
Where any use abuts a stream, drainage channel or delineated wetland area, a buffer yard of at least 25 feet shall be required. The yard shall be measured from the nearest edge of the stream, channel or wetland.
3.
Buffer yards required for residential uses shall be not less than 15 feet in width, unless provided otherwise in Part 4, the supplementary use regulations, of this chapter.
4.
All buffer yards shall be planted and maintained with vegetative material, such as grass, sod, shrubs or other evergreens. Where required within buffer yards, screening shall be accomplished in accordance with § 507 below.
5.
A buffer yard may be considered as part of the required yard space.
6.
No structure, storage of materials or parking of vehicles shall be permitted in a required buffer yard; however, access drives, as well as utilities, may cross buffer yards.
§ 507 Screening.
[Ord. 8-1994, 12/12/1994, § 506; as amended by Ord. 6-2007, 10/8/2007]
Where required, screening may be accomplished through the use of any one or a combination of the following methods:
A.
Screen Plantings.
(1)
Screen planting may be required as provided in Part 4, the supplementary use regulations, or where determined necessary by the Borough Council or Zoning Hearing Board, as appropriate, to serve as a barrier to visibility, glare and noise between adjacent properties.
(2)
Plant or vegetative materials, including shrubs or evergreens, used in screen planting shall be of such species as will produce, within two years, a complete visual screen of such height and of such density as is necessary to achieve the intended purpose.
(3)
Screen planting shall be maintained permanently by the lot owner, and any plant material which does not live shall be replaced within one year.
(4)
Screen planting shall be placed so that, at maturity, it will be no closer than three feet to any street or property line.
(5)
In accordance with the provisions of § 505, Subsection 3, a clear sight triangle shall be maintained at all street intersections and where private accessways intersect public streets.
(6)
Screen planting shall be broken only at points of vehicular or pedestrian access or utility easements.
B.
Fences or Walls.
(1)
In lieu of, or in addition to, screen plantings as set forth above, the Borough Council or Zoning Hearing Board, as applicable, may consider the use of a fence or wall as an acceptable barrier to potentially objectionable noise, glare, and/or visibility between adjacent properties.
(2)
Fences or walls used to provide required screening shall be at least six feet in height and shall be of such type as is necessary to achieve the intended purpose.
(3)
Fences or walls used to provide required screening shall meet the requirements set forth in § 505, Subsection 3, of this chapter.
(4)
Any fence or wall used to provide required screening shall be maintained in a structurally sound condition by the property owner.
C.
Berms or Natural Landforms.
(1)
In lieu of, or in addition to, screen plantings as set forth above, the Borough Council or Zoning Hearing Board, as applicable, may consider the use of an earthen berm or other existing or proposed landform as an acceptable barrier to potentially objectionable noise, glare, and/or visibility between adjacent properties.
(2)
Berms or landforms used to provide required screening shall be of such height and of such type as is necessary to achieve the intended purpose.
(3)
Any berm or landform used to provide required screening shall be maintained in satisfactory condition by the property owner and may not be altered except for usual maintenance.
§ 508 Outside, Unenclosed Storage.
[Ord. 8-1994, 12/12/1994, § 507; as amended by Ord. 6-2007, 10/8/2007]
For the purposes of this chapter, the outside, unenclosed storage of goods, materials, or merchandise may only be authorized as accessory or incidental to a permitted, principal use in the Central Business or Industrial District and shall be subject to the following standards. (See also § 413 regarding retail uses and outdoor commercial activities):
A.
Such storage shall not constitute a nuisance.
B.
No storage shall be permitted in any front yard area and shall be situated so as to meet the applicable side or rear yard setback requirements of the district in which it is located.
C.
No part of a street right-of-way, sidewalk or other area intended or designated for pedestrian use, and no required parking area shall be used for such storage.
D.
All such storage areas shall be screened or shielded from view by a fence, wall or screen planting which is open or broken only where necessary for vehicle entrances or exits and to avoid obstructing a clear sight triangle.
E.
In no case shall the storage cause the lot to become a junkyard nor shall such accumulation become an independent commercial operation without obtaining the necessary approvals and permits.