The following regulations shall qualify or supplement the district regulations appearing elsewhere in this chapter:
Hummelstown City Zoning Code
PART 14
GENERAL PROVISIONS
§ 27-1401 Use Regulations.
[Ord. 88-7, 5/12/1988; Ord. 89-7, 8/17/1989, § 3; Ord. 98-1, 7/16/1998, § 7; Ord. 2002-3, 7/18/2002, §§ 3, 4; Ord. 2003-1, 5/15/2003, §§ 9, 11; Ord. No. 2017-4, 11/16/2017; Ord. No. 2018-1, 1/18/2018; Ord. No. 2019-4, 11/21/2019; by Ord. No. 2022-2, 6/16/2022; Ord. No. 2022-3, 8/18/2022; Ord. No. 2024-04, 3/14/2024]
1.
Animals and Poultry. In districts where permitted, operations involving the use of buildings and land for farming, nurseries and greenhouses, dog kennels, animal hospitals, stock raising, dairying and poultry shall be subject to the following safeguards and regulations:
2.
Antennas, Radio and Television. Radio and television antennas, including but not limited to satellite dish antennas, may be installed, erected and maintained within all zoning districts of the Borough, as set forth in this section. All antennas shall be subject to the following:
A.
Approval of Antennas.
(1)
All antennas shall be subject to the review and approval of the Zoning Officer.
(2)
The following antennas shall be reviewed and approved by the Zoning Officer, if in accordance with development standards as set forth in this section:
(3)
Ground-mounted antennas as defined in Subsection 1B(5) of this section, exceeding 40 feet in height may be permitted, if a special exception permit is granted in accordance with this section, provided that no antenna shall exceed 75 feet in height.
B.
Development Standards. All antennas shall be located, designed, constructed, treated, and maintained in accordance with the following standards:
(1)
Antennas shall be installed and maintained in compliance with this chapter and the Hummelstown Borough Building Construction Ordinance.
(2)
Antennas which are roof-mounted shall not extend higher than 12 feet above the highest point of the roof section where mounted, except a single-vertical pole antenna may extend to 20 feet above the peak of the roof. Roof-mounted dish antennas shall be constructed of a wire mesh material or its equivalent and shall not exceed eight feet in diameter.
(3)
No more than one ground-mounted antenna exceeding 40 feet in height shall be permitted on each lot.
(4)
Antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property abuts a cul-de-sac or is a corner lot where the side yard is larger than the rear yard in which case the antenna may be located in any required setback area. No portion of an antenna array shall extend beyond the property lines or into any front yard or easement areas. Guy wires shall not be anchored within any front yard or easement areas, but may be attached to the building.
(5)
Antennas may be roof or ground-mounted, freestanding or supported by guy wires, buildings or other structures in compliance with the manufacturer's structural specifications. Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna towers shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines, but not within any front yard areas.
(6)
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. Antennas shall be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property. Screening material shall be of a height necessary to conceal the antenna without reception being obstructed. Screening shall not exceed six feet in height. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective.
(7)
Antennas shall meet all manufacturer's specifications. The mast or tower shall be of noncombustible and corrosive-resistant material. The miscellaneous hardware, such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion, shall be protected with a zinc or cadmium coating by a galvanizing or similar process after forming. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.
(8)
Whenever it is necessary to install an antenna near power lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna mast or tower and secured in a direction away from the hazard. Antennas and guy wires must be kept at least 24 inches clear of telephone or electric wires.
(9)
Every antenna must be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire. Ground wires shall be of the type approved for grounding masts and lightning arresters, and shall be installed in a mechanical manner with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arresters, approved by the Underwriters' Laboratories, Inc., shall be used. Both sides of the line must be-adequately protected with proper arresters to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arresters must be installed in each conductor.
When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheath. |
C.
Application for Approval.
(1)
Prior to installing any antenna, an application shall be submitted to and approved by the Zoning Officer. The application shall be accompanied by construction drawings showing the proposed method of installation, the manufacturer's specifications, if any, and a sketch showing the location of the antenna, property and setback lines and all structures. In addition, applications shall be accompanied by engineering data establishing the fact that the antenna conforms to the structural requirements of the Borough Building Construction Ordinance. Such engineering data may include custom engineering calculations for each installation, the calculations and data to be submitted by a structural or civil engineer registered by the Commonwealth of Pennsylvania.
D.
Special Exception Permit.
(1)
When a special exception permit is required by this section, the application shall include, in addition to all other required contents, the following:
(a)
A site plan showing adjacent properties, possible views, and all screening features.
(b)
Affected exterior elevations and architectural features and the texture and color of all materials to be used.
(c)
A map and list showing adjoining property owners by name and address, as shown on the last tax assessment record, within a distance of 300 feet along adjacent streets and 100 feet from other boundaries of the subject property.
(d)
A statement of proposed measures to mitigate radio frequency and television interference shall be included in case such interference should result from the operation of an amateur radio station.
(2)
The application will be processed in accordance with the above requirements and may be approved only if the above criteria and criteria set forth in Part 21 herein are met. The antenna shall not exceed 75 feet in height and shall have minimum setbacks as follows:
(3)
Conditions of approval may be imposed to mitigate any negative impacts from installation of the antenna.
(4)
The antenna shall be removed upon the termination or revocation of the permit. The permit shall terminate on the sale or transfer of ownership of the property by the applicant and shall be so conditioned, provided, however, that if sale or transfer of ownership occurs, then upon application to the Borough, the permit may be extended by the Zoning Officer.
E.
Enforcement.
(1)
All antennas shall be maintained in good condition and in accordance with all requirements of this section.
(2)
All antennas shall be subject to periodic reinspection. No addition, changes, or modifications shall be made to an antenna, unless the addition, change, or modification is in conformity with the Borough Building Construction Chapter and Special Exception Permit.
(3)
Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any Special Exception Permit shall constitute grounds for the revocation of the permit by the Zoning Officer. The remedies provided for herein shall be cumulative with all other remedies provided in this chapter.
3.
Apartment. (Accessory) Where permitted, or permitted as a special exception, an accessory apartment may be created in a single-family detached dwelling existing as of the effective date of the chapter, provided that:
A.
The apartment will be a complete and separate housekeeping unit that can be isolated from the original unit.
B.
Only one apartment will be created within a single-family detached dwelling unit.
C.
The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units on the premises, except for bona fide temporary absences.
D.
The accessory apartment shall be designed so that, to the degree feasible, the appearance of the building remains that of a single-family detached dwelling. In general, any new entrances shall be located on the side or in the rear of the building, and any additions shall not increase the square footage of the original structure by more than 10%.
E.
The design and size of the apartment conforms to all applicable state and Borough standards/codes including but not limited to Pennsylvania Department of Labor and Industry regulations and the Hummelstown Borough Code of Ordinances.
F.
Additions or alterations carried out in the last three years prior to application that add more than the permissible 10% to the previous floor area of the existing single-family detached dwelling shall not be considered in determining whether there is adequate space to install a temporary accessory apartment.
G.
The accessory apartment shall be no more than 30% of the structure's total floor area nor greater than 800 square feet.
H.
A minimum of 300 square feet of floor area shall be required.
I.
At least three off-street parking spaces are available for use by the owner-occupant and tenant.
J.
Any other appropriate or more stringent conditions deemed necessary by Borough Council to protect public health, safety and welfare, and the single-family character of the neighborhood.
4.
(Reserved)
5.
Automobile Service Stations and other Drive-In Type Uses: Such uses, where permitted, shall comply with the following:
A.
No street entrance or exit for vehicles and no portion or equipment of such service station or other drive-in uses shall be located:
B.
No equipment above ground for the service of motor vehicles shall be closer than 25 feet to any property line.
C.
Canopies shall be located no less than 10 feet from the right-of-way line.
D.
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 curb line or edge of pavement.
E.
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.
F.
Parking and vehicle access shall be so arranged that there will be no need for the motorists to back over sidewalks or into streets.
6.
Boarding Homes (includes Rooming and Lodging Houses): Where permitted, boarding homes may be established subject to the following conditions:
A.
Accommodations shall be limited to no more than 10 guest rooms for rent.
B.
Not more than 20 guests may be accommodated at any one time.
C.
Meals for compensation shall be provided only to boarding home guests. No cooking facilities shall be provided or permitted in the individual guest rooms.
D.
Guest rooms shall contain a minimum of 90 square feet of habitable floor area per person.
7.
Churches Schools, and Other Public Buildings. In districts where permitted, 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 20,000 square feet.
B.
Lot coverage shall not be greater than 40% of lot area.
C.
Width Regulations. The lot width at the front building setback line shall be based on the building size and yard requirements, but in no case shall the lot width be less than 100 feet in width.
D.
Yard Regulations. Each lot shall have yards not less than the following depths or widths:
8.
Clubs, Lodges, and Fraternal Organizations. In districts where permitted or permitted as a special exception, these and similar uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members; provided that no permanent sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located. A buffer yard/screen planting of no less than five feet in depth shall be maintained along all property lines abutting a residential use.
9.
Commercial and Industrial Uses. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed commercial or industrial operation for conformity to the requirements of this chapter, the following data shall be submitted with an application for a permit:
A.
Plot plan.
B.
Architectural plan.
C.
Description of operation.
D.
Engineering and architectural plans for water supply and sewage disposal.
E.
Plans for prevention or control of noise, vibration, glare, fire hazards, air pollution, water pollution and traffic.
F.
Proposed fuel.
G.
Number of shifts and maximum employment per shift.
10.
Commercial Greenhouses and Nurseries. Where permitted, these uses may be established subject to the following:
A.
A minimum lot area of 20,000 square feet shall be provided in addition to the lot area required for other uses located on the same property. However, in no case shall the lot be less than the minimum lot area permitted in the District in which it is located.
B.
No structure may be located closer than 40 feet to a side or rear property line, unless greater setbacks are required in the District in which it is located.
C.
A buffer yard/screen planting of no less than five feet in depth shall be maintained along all property lines abutting a residential use.
D.
Greenhouse heating plants which are not contained within the structure they serve may be located as follows:
(1)
To the side or rear of any main building, but not in the required side or rear yard, provided that the heating plant is not hazardous to others and does not create noise, dirt or heat flows of objectionable amounts or intensities.
(2)
In the required rear yard, provided that it is not less than five feet from the side or rear lot line, not less than 20 feet from an abutting alley nor less than the required corner side-yard (front yard) depth from an abutting side street, other than an alley, provided that it is not hazardous to others and does not create noise, direct or indirect heat flows of objectionable amounts or intensities.
E.
A greenhouse operated for noncommercial purposes shall be considered as an accessory structure and shall comply with all applicable District provisions.
11.
Community Residence. Community residences are allowed in the RTF, R-M, C-RN, C-CBD and C-G Zoning Districts as a conditional use, subject to the following restrictions:
A.
Community residences shall not be located within 1,000 feet of another community residence, and with 750 feet of any day care facility or public park and 1,000 feet from any school.
B.
If applicable, the community residence and/or its operator shall be licensed and certified by the appropriate governmental agencies or authorities. If said license is revoked or expires, applicant must return to Borough Council for conditional use approval.
C.
The applicant shall document all steps or procedures that are necessary to avoid any potentially adverse impact caused by the proposed use on adjacent properties and the neighborhood where the use is proposed.
D.
The applicant shall establish that it is qualified to furnish the required care and support services that are needed of the community residence including, but not limited to, providing documentation on the number of staff, their qualifications and training.
E.
The applicant shall provide a description of the anticipated number of residents and any relevant information with regard to the nature, character and background of the residents and the type of case or support services needed.
F.
The applicant shall provide information on the owner and/or operator, including type of legal entity involved, names of principals, types of care or support services to be provided, past experience of the principals and legal entity with such care or support services, sources of prospective residents and a listing of any governmental agencies which may be involved in referring, recommending, assigning or supervising residents or staff or the operation of the community residence.
G.
The community residence must also comply with the following:
(2)
A buffer yard of no less than 15 feet and screen planting must be maintained along all side and rear property lines, in accordance with § 27-1405 herein.
(3)
A minimum of 7,500 square feet of lot area is required. An additional 500 square feet of lot area shall be required for every occupant over five.
(4)
All setbacks must comply with those set forth in the applicable zoning district.
(5)
Residents rooms shall contain a minimum of 100 square feet per resident.
12.
Family Care Facility. Where permitted, family care facilities may be established subject to the following conditions:
13.
Family Day Care Homes/Group Day Care Home. Where permitted, family day care and group day care homes may be established subject to the following conditions:
A.
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards.
B.
A minimum of 100 square feet of usable outdoor play space and 40 square feet of usable indoor space must be provided for each child present at the facility, including resident children.
C.
Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
D.
A buffer yard/screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 27-1405 of this Part.
E.
Operators are responsible for compliance with all Pennsylvania Department of Public Welfare licensing/registration requirements and any other local, state or federal regulations.
14.
Farming/Gardening. The tilling of the soil, raising of crops and gardening shall be permitted in any district.
15.
Funeral Homes. Where permitted, funeral homes may be established subject to the following conditions:
A.
The lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards, but in no case shall be less than 7,500 square feet.
B.
Minimum front, side, and rear yard setbacks shall be 15 feet.
C.
Lot width shall be determined by the size of the building and setbacks.
D.
A buffer yard/screen planting of no less than five feet in depth shall be maintained along rear and side lot lines abutting a residential use.
16.
Garden Apartments. Where permitted all garden apartments shall comply with the following:
A.
There shall be not more than 12 dwelling units per building.
B.
No garden apartment building shall be in excess of two stories in height.
C.
Lot area per dwelling unit shall not be less than the area required by the applicable district regulations when served by both public water and sanitary sewers.
D.
All applicable provisions of this chapter.
17.
Group Care Facility. Where permitted, group care facilities may be established subject to the following:
A.
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards, but in no case shall be less than 7,500 square feet plus 500 square feet for very resident over 10.
B.
The minimum front, side, and rear yard setbacks shall be no less than 25 feet.
C.
A buffer yard/screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 27-1405 of this Part.
D.
A family care facility shall not be located within 1,000 feet of another family care and/or group care facility.
F.
All other applicable provisions of this Part.
18.
Group Day Care Home. See Family Day Care Home/Group Day Care Home.
19.
Hazardous Substances. Storage of Flammable and Combustible Liquids; Handling, Processing and Storage of Hazardous Substances; Temporary and Permanent Storage of Hazardous Waste:
A.
This section shall apply to the following uses, and these regulations shall be considered in addition to any other part of the Zoning Chapter or any other ordinance of the Borough, such that all regulations shall be given effect:
(3)
The temporary or permanent storage of hazardous waste, and for purposes of this section hazardous waste shall be defined as follows:
(a)
Any garbage, refuse, sludge from an industrial or other waste water treatment plant, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agriculture operations, and from community activities, or any combination of the above (but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1342), or source, special nuclear, or by-product material as defined by the U.S. Atomic Energy Act of 1954, as amended (42 U.S.C. § 2014)), which because of its quantity, concentration, or physical, chemical or infectious characteristics may:
(i)
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population in; or,
(ii)
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
B.
No use regulated by this section shall be established:
C.
In addition to any and all setbacks required by this Part, any use regulated by this section shall also be subject to the following:
(1)
A chain link fence, a minimum of eight feet in height with at least a one foot, three stranded course of outward slanting barbed wire extension, shall completely encircle the premises, with any gates locked during nonbusiness hours.
(2)
A buffer yard of 50 feet shall be maintained along all adjoining property lines. No structures, other than a fence or an earthen retaining mound shall be permitted within the buffer yard.
D.
All uses regulated by this section shall at all times possess every permit required by the Borough of Hummelstown, Pennsylvania Department of Environmental Resources, United States Environmental Protection Agency, and any and all county, state or federal department or agency having jurisdiction over such use.
20.
Home Occupation. Where permitted or permitted as a special exception, home occupations may be established subject to the following conditions:
A.
The home occupation shall be carried on completely within the dwelling unit or accessory building.
B.
Not more than one person other than the occupants of the dwelling unit shall be employed.
C.
Not more than 25% of the floor area of a main building shall be devoted to a home occupation.
D.
Articles sold or offered for sale shall be limited to those produced on the premises or for food served as part of a bed and breakfast establishment.
E.
There shall be no exterior display or sign (except as permitted in the regulation of signs in this chapter), no exterior storage of materials, and no other exterior indication of the home occupation or variation of the residential character of the main building.
F.
No offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced.
G.
A home occupation may include, but is not limited to art studios; dressmaking or millinery; barbershop; beauty parlor; teaching, music or dance instruction limited to a single pupil at a time; real estate or insurance office; the professional office of a dentist, physician, lawyer, engineer, planner, accountant, architect; bed and breakfast establishments; or any other activities of a similar nature.
H.
A home occupation shall, under no circumstances, be interpreted to include a commercial stable or a dog kennel.
J.
Bed-and-breakfast establishments, where permitted, shall meet the following additional requirements:
(1)
Sleeping accommodations shall be located only within the dwelling and shall be limited to no more than three rooms for rent with a total size not to exceed 35%, or 750 square feet, of the dwelling, whichever is less.
(2)
Not more than six adult guests may be accommodated at any one time. The length of stay per guest shall be limited to 15 days.
(4)
Meals for compensation shall be provided only to guests of the bed-and-breakfast establishment and shall be limited to breakfast.
(5)
No more than one bed-and-breakfast establishment is permitted per lot. No bed-and-breakfast establishment may be located within 500 feet of an existing bed-and-breakfast establishment, to be measured from the closest distance between lot lines of the properties accommodating said bed-and-breakfast establishments.
21.
Medical Centers. Where permitted or permitted as a special exception, 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 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, but in no case shall be less than 7,500 square feet.
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 all property lines abutting a residential use.
G.
Architectural sketch of the building and a plot plan showing the size and location of the building, parking areas and driveways and the plan for sewage disposal shall be submitted to the Zoning Officer or, if a special exception, Zoning Hearing Board for review and approval.
22.
Mixed Uses.
A.
When two or more principal uses occupy the same lot but not the same building, 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. All off-street parking shall comply with the provisions of Part 17 herein.
B.
No building to the rear of and on the same lot with a main building shall be erected or used for residential purposes unless such rear building conforms with all use, height, access and area requirements of the district in which it is located.
23.
Manufactured Home Parks. Where permitted, as a land development, plats, shall be prepared and submitted in accordance with the requirements of Chapter 22 of the Hummelstown Borough Code of Ordinances.
24.
Motels/Hotels. In districts where permitted, motels/hotels shall be subject to the following safeguards and regulations:
A.
Where two or more buildings are proposed, as a land development, a plat shall be prepared and submitted to the Borough in accordance with the requirements of Chapter 22 of the Borough's Code of Ordinances for action by the Borough Council.
B.
No motel/hotel shall have a lot area of less than 20,000 square feet, and where one building is proposed, plans shall be submitted to and approved by the Zoning Officer and contain the following:
C.
Front, side and rear yards of the motel/hotel shall be permanently landscaped and maintained in good condition.
D.
Off-street parking and loading spaces for other facilities developed as part of the motel/hotel premises shall be provided as required by Part 17 of this chapter.
E.
Every unit shall be provided with running hot and cold water and separate toilet facilities.
F.
Motel/hotel buildings or parts thereof shall be placed no closer than 30 feet to any lot line.
G.
The space between motel/hotel buildings shall be not less than 20 feet and the space between the fronts or rears of units shall be not less than the dimensions required for courts, where such are formed by the arrangement of units.
25.
Municipal Uses. In any district, a building may be erected, altered or extended and land may be developed which is arranged, intended or designed for municipal uses, including municipal recreation uses.
26.
Nursing Homes. Where permitted, a building for such use may be erected and used subject to the following:
A.
The facility shall be constructed and operated in accordance with applicable state laws.
B.
The minimum lot area shall be determined by building size, setbacks, and be at least 7,500 square feet plus 500 square feet for each patient over eight.
C.
The minimum lot width shall be based on building size and setbacks.
D.
The minimum front, side, and rear yard setbacks shall be no less than 25 feet.
E.
A buffer yard/screen planting of no less than 10 feet in depth shall be established along rear and side lot lines.
27.
Open Space Requirements.
A.
Where required, open space areas shall be developed to complement and enhance the man-made environment. In the selection of the location of such area, consideration shall be given to the preservation of natural and man-made features which will enhance the attractiveness and value of the remainder of the property to be subdivided or developed, including flood plains, streams and ponds, slopes equal to or greater than 15%, natural permanent vegetation, historical amenities and other community assets.
B.
The area shall be so located and designed that it is easily accessible to all residents including handicapped. Safe and easy access to common open space areas shall be provided either by adjoining road frontage, easements and/or paths.
C.
Whenever possible, common open space areas shall be designed as a continuous system of usable area, which are interspersed among groupings of residential buildings. Provided, however, in those instances in which the total minimum required open space is less than two acres in size, such areas shall be located in one parcel.
D.
Such areas specifically designed for open space shall be fully usable and suitable for that purpose and shall be set aside by deed restriction.
E.
Accessways to the site shall be of a sufficient width so that maintenance equipment shall have reasonable convenient access to such areas. In all instances, such open space areas shall be maintained in a careful and prudent manner.
F.
The Borough may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Borough need not require, as a condition of the approval of a development, that land proposed to be set aside for common open space be dedicated or made available to public use.
G.
The landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the public.
H.
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization and upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof. The notice shall also state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof are not corrected within 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the property within the development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. Such maintenance by the Borough shall not constitute a taking of the common open space, nor vest in the public any rights to use the same. Before the expiration of the year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the development, to be held by Borough Council or Planning Commission, at which hearing such organization or the residents of the cluster subdivision/development shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If Borough Council or the Planning Commission determines that such organization is not ready and able to maintain the common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough Council or the Planning Commission shall be subject to appeal to the court in the same manner, and within the same time limitation, as provided for by this Zoning Chapter.
I.
The cost of such maintenance by the Borough shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space, and shall become a lien on such properties. The Borough at the time of entering upon the common open space for the purpose of maintenance shall file a notice of lien in the office of the Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, upon the properties affected by the lien within the development.
28.
Prohibited Uses.
A.
Dwellings in industrial districts.
B.
The primary living and sleeping quarters of dwelling units shall not be permitted in cellars.
C.
The following uses are prohibited in all districts throughout the Borough:
(1)
The incineration, reduction or storage of garbage, offal, animals, fish or refuse, unless by the authority of or under the supervision of the Borough.
(2)
Dumps and dumping of any kind, unless by the authority of or under the supervision of the Borough.
(3)
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.
(4)
Junkyards.
(5)
Dog kennels.
(6)
Conversion apartments.
29.
Public and Private Nursery Schools and Day Care Centers. Where permitted, or permitted as a special exception, public and private nursery schools and day care centers shall comply with the following conditions:
A.
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards but in no case shall be less then 7,500 square feet plus 500 square feet for every child over 10.
B.
The minimum front, side and rear yard setbacks shall be no less than 25 feet.
C.
A buffer yard/screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 27-1405 of this Part.
D.
In any residential district, no nursery school/day care center shall be established within 500 feet from another nursery school/day care center.
E.
Operators are responsible for compliance with all Pennsylvania Department of Public Welfare licensing/registration requirements and any other local, state or federal regulations.
30.
Public Utility Facilities. Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, 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 topped with barbed wire.
D.
Housed Equipment. When the 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.
Screen planting in Residential and Commercial Districts shall be completed in accordance with § 27-1405 of this Part.
F.
The external design of the building shall be in conformity with the buildings in the district.
31.
Solar Collectors and Solar-Related Equipment.
A.
Solar collectors and solar-related equipment shall be permitted in any district as an appurtenance to a building or as a detached accessory structure.
B.
When a solar energy collection system is installed on a lot, accessory structures or vegetation on an abutting lot shall not be located so as to block the solar collector's access to solar energy. The portion of the solar collector that is protected is that portion which:
C.
This subsection does not apply to accessory structures or vegetation existing on an abutting lot at the time of installation of the solar energy collection system, or on the effective date of this Part, whichever is later. This subsection controls any accessory structure erected on, or vegetation planted in, abutting lots after the installation of the solar energy collection system.
D.
A statement that a solar energy collection system is to be installed on a lot shall be filed with the Borough Zoning Officer on the date the zoning permit for the solar system is issued, with the date of installation being the date of recordation. The solar facility must be completed and the Zoning Officer notified of completion, within one calendar year from the date of permit issuance.
32.
Solid Waste Storage Facilities. All multifamily, commercial and manufacturing 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 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 feet by eight feet in size or of other dimensions providing an approved equal space.
33.
Swimming Pools. Swimming pools shall be a permitted accessory use in any district 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 10 feet to any property line, nor shall it be nearer to any street line upon which the residence abuts than the existing setback line of the residence, however, in no case shall it be any closer than 20 feet from any street line.
C.
All permanent swimming pools now existing or hereafter constructed, installed, established or maintained, shall be enclosed by a permanent fence of durable material at least four feet in height but not more than six feet in height, with the exception of atrium houses, and shall be so constructed as not to have openings, mesh or gaps larger than four square inches in any direction, and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. All gates used in conjunction with the fence shall meet the same specifications as to the fence itself and shall be equipped with approved locking devices and shall be locked at all times when the swimming pool is not in use.
D.
A dwelling unit, excluding atrium dwellings, or an accessory building may be used as part of such enclosure. However, height requirements for a fence shall not apply to the building.
E.
The provisions regulating fencing shall not apply to pools having sides extending four feet above grade, provided that the stairs, or other means of access to the pool, are removed or locked in such a position as to make it readily unaccessible when not in use.
F.
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.
G.
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 along street.
H.
Enclosed indoor pools must comply with applicable regulations pertaining to accessory structures.
35.
Uses Not Provided For. Whenever in any district established under this chapter, a use is neither specifically permitted nor denied and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board which shall have the authority to permit or deny the use. The use may be permitted if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purpose and intent of this Part.
36.
Windmills, Windwheels, and Wind Energy Conversion Systems (WECS) shall be permitted as a special exception in all districts subject to the following conditions:
A.
The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and located a minimum distance of the tower height plus 10 feet from any occupied dwelling, and shall not be more than 75 feet in height.
B.
The minimum distance between the tower and any property line shall be not less than twice the height of the tower.
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 and located on building permit application.
E.
Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed with a six-foot fence. The supporting structure shall also be enclosed with 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 in area nor eight feet in height and must be located at the base of the supporting structure.
G.
One windmill/windwheel/WECS shall be permitted per lot.
H.
The resultant energy harnessed from the wind shall not be used on a lot other than 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 dB(A), measured at any property line.
(1)
A "decibel" (dB) 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 micropascals using the "A" weighted network (scale) at slow response. The unit of measurement shall be defined as dB(A).
37.
Personal Care Home. Where permitted, a personal care home may be established subject to the following:
A.
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards, but in no case shall be less that 7,500 square feet plus 500 square feet for every resident over 10.
B.
No more than two persons shall reside in any room in a personal care home.
C.
The minimum front and rear yard setback lines shall be no less than 25 feet and the minimum side yard setback lines shall be no less than 10 feet.
D.
A buffer yard/screen planting of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 27-1405 of this Part.
F.
The personal care home shall be constructed, licensed and operated in accordance with applicable federal, state and local laws, rules and regulations.
G.
All other applicable provisions of this Part.
38.
Adult-Oriented Business. Where permitted, a special exception shall be approved for an adult-oriented business only if the following conditions are met:
A.
The lot or property line of such business shall not be located within 500 feet of a residential district or within 200 feet of any dwelling.
B.
The lot or property line of such business shall not be located within 500 feet of the lot or property line of any religious structure, school, day care facility, library or 200 feet from a public park.
C.
The lot or property line of such business shall not be located within 1,000 feet of another adult-oriented business.
D.
There shall be no display of adult-oriented materials that can be seen from the exterior of the building.
E.
The Zoning Hearing Board shall review and approve all signs for compatibility with adjacent uses.
F.
No adult-oriented business or activity may change to another type of adult-oriented business or activity except upon application to and approval by the Zoning Hearing Board of such change as a special exception.
H.
No unlawful sexual activity or conduct shall be performed or permitted.
I.
No person under 18 years of age will be permitted to enter the business.
39.
Restaurants, tea rooms, cafes and other places serving food and beverages, including alcoholic beverages, are allowed in the C-RN Commercial District: Residential Neighborhood as a conditional use, subject to the following restrictions, at a minimum:
A.
The applicant for the conditional use shall demonstrate how it will control noise, lighting, odor, trash, and parking, and shall provide its hours of operation, to minimize the impact on the character of the surrounding neighborhood, and shall also comply with § 1401.9.E.
40.
Short-Term Rental. Where permitted, a short-term rental may be established subject to the following:
A.
Short-term rentals shall only be permitted in a single-family detached dwelling.
B.
All dwellings to be used as short-term rentals shall be a minimum of 25 feet from any other dwelling, measured from exterior wall to exterior wall, including decks, patios, seating areas, game areas and fire pits.
C.
Off-street parking shall be provided at the rate of two spaces for the first bed and one space for each additional bed. All spaces must be on the same lot as the dwelling unit and be constructed of bituminous, brick, concrete or stone. At least 50% of all spaces must be uncovered and all new spaces must comply with Part 17 (Off-Street Parking) herein.
D.
When a short-term rental property needs to provide additional parking and the lot contains access to an alley, the additional parking shall be located to the rear of the principal building and accessed from the alley unless it is determined to be technically infeasible.
E.
The number of guests remaining overnight at the short-term rental dwelling unit shall not exceed two per bed excluding children under the age of three. No more than six individuals, including children under the age of three, shall occupy the short-term rental at any given time.
F.
The exterior of the short-term rental shall maintain a residential appearance, and no exterior sign or display advertising the premises as a short-term rental shall be permitted other than an address plaque not to exceed one square foot in surface area.
G.
Special events and public functions such as concerts, conferences, weddings or banquets are prohibited on the lot of the short-term rental home.
H.
Only one contract for rent shall be permitted for the short-term rental at any given time.
I.
The owner/operator must provide the name and 24-hour contact phone number of the person responsible for the security and maintenance of the property to the Borough Zoning Officer. The contact phone number must also be posted in a visible, but discreet, location on the property.
J.
Noise and disturbance must be comparable to typical residential uses. When adjacent to another residential use, all rental contracts shall notify guests that outdoor activities are not permitted between the hours of 10:00 p.m. and 8:00 a.m.
K.
All contracts for lease of the short-term rental must include the prohibition against the number of guest vehicles exceeding the number of on-site parking spaces provided and prohibiting motor homes, recreational vehicles, or vehicles with trailers.
L.
A plainly visible diagram or photograph of the premises shall be provided to tenants indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed by visitors of the short-term rental. The notice must include language requiring the exclusive use of the provided off-street parking. The notice must also identify trash day(s) and trash removal instructions.
M.
A minimum five pound, type C fire extinguisher must be installed in the cooking area of the short-term rental and 10 pound, type C fire extinguisher must be installed in any attached garage. All fire extinguishers must be inspected annually by a qualified third party and proof of inspection provided to the Borough.
N.
Areas designated as available for sleeping shall contain a minimum of 70 square feet for one person and 100 square feet for two people. Smoke detectors and carbon monoxide detectors must be installed in accordance with the current International Property Maintenance Code adopted by the Borough.
O.
Prior to making the premises available for use as a short-term rental, a short-term rental license must be obtained from the Borough and renewed annually prior to June 1 of every year the premises is available for use as a short-term rental for at least one night. The application for the short-term rental license must be accompanied by a license fee as adopted through resolution of the Borough Council.
P.
If the licensee is issued three notices of violations of the approval criteria within a period of six months, its short-term rental license will be administratively and automatically revoked for 60 days. Reinstatement requests must be accompanied by a reinstatement fee as adopted through resolution of the Borough Council.
Q.
The licensee must provide to the Borough with each renewal application a certificate of insurance covering the short-term rental premises and use thereof as a short-term rental in an amount not less than $500,000.24A
41.
Mixed-Use Structure. Where permitted, a mixed-use structure may be established subject to the following:
A.
Any new dwelling unit will be wholly separate and distinct from the commercial use.
B.
Any new entrances for dwelling units shall be located on the side or in the rear of the building, with the exception that an interior front entrance may be established if it is inaccessible from the commercial space and all dwelling units are accessible via said entrance.
C.
No more than one dwelling unit may be established for every 500 square feet of commercial floor area in the building in the Commercial District: Residential Neighborhood.
42.
Cigar Shops and Lounges. Where permitted, a cigar shop and lounge may be established subject to the following:
A.
If the use is proposed in a mixed-use structure with dwelling units on the second story, adequate ventilation must be installed to ensure no smoke or cigar odor enters any dwelling unit.
B.
All zoning use permit applications must be accompanied by such licenses necessary for the retail sale of cigars products in Pennsylvania. A zoning use permit may not be issued before all required licenses are obtained and evidence of good standing is provided to the Borough.
C.
Temporary advertising and poster signs may only be located inside the retail space and are not permitted to be located on outward facing windows.
D.
No PA Skills or similar skill gaming machines shall be permitted in any store.
E.
There shall be no dedicated outdoor smoking areas that include public sidewalks.
F.
A cigar shop and lounge shall not be a smoke shop and tobacco store and may not dedicate more than 5% of the retail area to tobacco products wrapped in paper or other packaging that does not independently contain tobacco, commonly known as "cigarettes," "vape products," "electronic cigarettes," and mechanical devices from which to smoke tobacco derivatives and vape products, defined as the products sold by smoke shops and tobacco stores.
43.
Smoke Shops and Tobacco Stores. Where permitted, a smoke shop and tobacco store may be established subject to the following:
A.
Retail space in which customers are permitted shall not exceed 1,000 square feet in floor area.
B.
May not be located less than 500 feet from a public or private school, day-care center, public park, church, medical office, or within 1,000 feet of another smoke shop and tobacco store (measured from property line to property line).
C.
No minors shall be permitted to enter the premises unless accompanied by a parent or legal guardian, and no minors shall be employed at the premises. In addition, there shall be clear signage stating that no minors shall enter without being accompanied by a parent or legal guardian.
D.
No smoking shall be permitted on the premises.
E.
Tobacco products or tobacco paraphernalia shall not be presented for sale on or in a self-service display. All product must remain in locked cabinets with a clearly visible sign identifying the cabinets as locked within five feet thereof.
F.
All zoning use permit applications must be accompanied by such licenses necessary for the retail sale of cigarettes and tobacco products in Pennsylvania. A zoning use permit may not be issued before all required licenses are obtained and evidence of good standing is provided to the Borough.
G.
Ancillary sale of cigarettes, vape products, electronic cigarettes, and mechanical devices from which to smoke tobacco derivatives and vape products in convenience and grocery stores will not be regulated by this section if no more than 5% of retail floor area is dedicated to such items.
H.
Temporary advertising and poster signs may only be located inside the store and shall not be placed on outward facing windows.
I.
Business identification signs shall be wall-mounted only, limited to two total and only one per building side. No single wall-mounted sign shall exceed 12 square feet. Sign size for this use may not be increased using any other regulation in this Chapter 27.
J.
No PA Skills or similar gaming machines shall be permitted in any store.
K.
A smoke shop and tobacco store use shall not be considered for the purposes of this chapter to be a cigar shop and lounge use.
§ 27-1402 Height Regulations.
[Ord. 88-7, 5/12/1988]
1.
The height of a building may exceed the maximum permitted height by one foot for each additional foot by which the width of front, rear, and side yards exceeds the minimum yard regulation for the district in which the building is located. Total height shall not exceed the maximum permitted height by more than 15%.
2.
For all residential uses, accessory buildings shall not exceed 15 feet in height.
3.
Height regulations shall not apply to spires, belfries, cupolas, or domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, utility poles or towers, solar collectors, and ornamental or necessary appurtenances.
§ 27-1403 Area Regulations.
[Ord. 88-7, 5/12/1988]
1.
Unless the regulations of the district in which they are located require greater lot areas or lot widths, the following regulations shall apply:
A.
On a lot held in single and separate ownership from adjacent land, which does not fulfill the regulations for the minimum area and yard dimensions for the district in which it is located, a building may be erected, altered, and used thereon providing the yard space is not less than the minimum specified herein, and further that the proposed public sanitary sewer system and water system is approved by the Pennsylvania Department of Environmental Resources.
B.
The area, width, and depth of lots shall provide adequate open space for off-street loading, unloading, and/or parking space.
§ 27-1404 Yard Regulations.
[Ord. 88-7, 5/12/1988]
1.
Where the street or streets upon which the lot abuts are less than 50 feet in width, the front yard depth and the width of the side yard abutting the street shall be measured from a line parallel to 25 feet from the center line of the street.
3.
Side Yards.
A.
On corner lots, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district and shall be subject to all front yard requirements of this chapter.
B.
On a lot held in single and separate ownership from adjacent land at the effective date of this chapter with a lot width less than required for the Zoning District, only one single-family detached dwelling may be erected, and side yards shall be provided in accordance with the following requirements:
(1)
On interior lots with a width of 50 feet or more, two side yards shall be provided as required by the district regulations.
(2)
On corner lots with a width of 50 feet or more, two side yards shall be provided. The exterior side yard may be reduced by the number of feet by which the lot width is less than the district requires, but may not be reduced to less than that required for the interior side yard. The interior side yard shall be provided as required by the district regulations.
(3)
On lots less than 50 feet but not less than 27 feet in width, two side yards shall be provided, each equaling 20% of the lot width.
(4)
On lots less than 27 feet but not less than 20 feet in width, the building shall be 16 feet in width and only one side yard shall be provided, equaling in width the difference between the lot width and 16 feet. One side wall of the building shall be constructed abutting the lot line without openings but shall not be constructed as a party wall.
(5)
On lots less than 20 feet in width, a building shall be constructed the full width of the lot. Side walls abutting the lot lines shall have no openings and shall not be constructed as party walls. For such dwellings constructed to a depth of more than two rooms, a court not less than six feet in width shall be provided, abutting the side wall for all rooms beyond the second room.
C.
On a lot, in a commercial or industrial district, held in single and separate ownership from adjacent land at the effective date of this chapter, with a lot width less than that required for the zoning district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance based on the same criteria as listed under Subsection 2B above for residential structures.
D.
Any accessory building may be erected within one of the side yards or within the rear yard provided:
(1)
Such accessory building shall be not less than 10 feet farther back than the rear-most portion of the main building.
(2)
Where such side or rear yard is along an alley the accessory building shall be located not less than five feet from the alley with the exception of private garages which shall be located no less than 20 feet.
(3)
Where such side or rear yard is adjacent to another lot, the accessory building shall be not less than three feet from any lot line.
(4)
On a corner lot in any Residential District, an accessory building shall not be erected within the required building setback line of the exterior side lot line (street line). Provided, however, that when the main buildings exist on both the corner lot and the lot abutting the rear of the corner lot, an accessory building may be erected at the average distance from the street line, established by the existing main buildings.
E.
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 the carport shall be not less than five feet from the side lot line.
4.
Interior Yards (open space between structures);
A.
When front to front, rear to rear, or front to rear, parallel structures shall have 50 feet between faces for one story in height, plus five feet for each additional story. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distances at the other end. Where service drives or bank grade changes or collector walks are introduced in this space, the distance between structures shall be at least 50 feet.
B.
End to end, a distance of 25 feet between structures for a one story structure plus five additional feet for each story in excess of one.
C.
End to front, or end to rear, a distance of 30 feet between structures for each one story structure plus five feet additional for each story in excess of one.
D.
When adjacent structures differ in the number of stories, the required distance between structures shall be calculated on the taller of the structures.
§ 27-1405 Buffer Yards and Screen Plantings.
[Ord. 88-7, 5/12/1988]
1.
Buffer Yards.
A.
Where a commercial or industrial use adjoins a residential district and where a multi-family use 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.
B.
If a front yard is provided, the buffer yard may coincide with the front yard.
C.
All buffer yard areas shall be planted and maintained with a vegetative material, and where required for multi-family, 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.
D.
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.
E.
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°.
F.
No parking shall be permitted in buffer yards.
G.
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 arrangements of all of the buffer yards and the placement, species, and size of all plant materials to be placed in such buffer yard. Said plan must be reviewed by the Planning Commission and approved by the Zoning Officer before a building permit may be issued.
2.
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:
A.
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;
B.
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year;
C.
The screen planting shall be so placed that at maturity it will be not closer than three feet from any ultimate right-of-way or property line;
D.
A clear sight triangle shall be maintained at all street intersections and at all points where vehicular accessways intersect public streets;
E.
The screen planting shall be broken only at points of vehicular or pedestrian access;
G.
Screen plantings shall be provided between the property line and any off-street parking area and any outdoor solid waste storage area for any off-street parking area and any outdoor solid waste storage area for any multi-family, townhouse, commercial or manufacturing use where the parking or solid waste area abuts a residential zoning district or a lot occupied by a residential use.
§ 27-1406 Projections in Yards.
[Ord. 88-7, 5/12/1988]
1.
Solar collectors unenclosed ground-story terraces, patios and porches may project into any required yard not more than 1/2 its required dimension and not more than 10 feet in any case. Chimneys, flues, columns, sills and ornamental architectural features may project not more than two feet into a required yard.
§ 27-1407 Obstructions to Vision.
[Ord. 88-7, 5/12/1988]
1.
Walls, fences, signs or other structures shall not be erected or altered, and hedges, trees or other growth shall not be planted or maintained, which may cause danger to traffic on a street or road by obstructing the view.
2.
A clear sight triangle of 25 feet, measured along the street lines of intersecting streets, shall be maintained within which such structures or planting shall be limited to a height of not more than three feet or less than 10 feet above the street grade, excepting the trunks of street trees or other ornamental trees whose foliage is kept trimmed to a height of 10 feet above the street grade.
§ 27-1408 Fences and Walls.
[Ord. 88-7, 5/12/1988]
1.
Fences and walls may be erected, altered and maintained in all districts subject to the following:
[Amended by Ord. No. 2022-2, 6/16/2022]
A.
No fence or wall shall be erected, lengthened, altered or relocated before a zoning permit has been obtained from the Zoning Officer.
B.
Fences and walls in the side or rear yard shall not exceed eight feet in height, and any portion of a wall exceeding six feet shall contain openings therein equal to 50% of the area exceeding six feet in height.
C.
Fences and walls located in the front yard between the principal building and the street/alley shall comply with the following:
(1)
Shall not exceed four feet in height.
(2)
Shall be of an open type of fence, such as picket, metal post, wrought iron or split rail.
(3)
Shall not be constructed of chain-link material, chicken wire and/or a pattern similar to that of chain-link.
(4)
Shall contain openings therein equal to 50% of the fence area.
(5)
Any wall in a front yard of a property and parallel to the street shall be a special exception, permitted only if the design is compatible with the character of the area. Retaining walls required to hold back raised yard areas shall be exempt from this requirement. Any retaining wall four feet or higher will require a building permit.
D.
Except for security purposes of an industrial use, no barbed wire shall be used as part of the fencing.
E.
All fences and walls shall be constructed and maintained using consistent materials.
F.
All fences and walls shall be maintained in a sturdy and well-maintained manner. Fences and walls that overturn, collapse, fall, deteriorate or become loose or rotted, whether in whole or in part, shall be replaced, repaired, or removed within 60 days.
G.
Construction of any wall in any yard using cinderblock, split-face block, gabion baskets or poured concrete shall be prohibited. Walls made of landscaping block shall only be permitted when constructed using decorative cap block on top of the wall and decorative edge block on all unfinished edges.
2.
All yards used for the storage of any material needed for the operation or conduct of a manufacturing or commercial enterprise shall be enclosed by a 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 other than the Industrial Light and Commercial-Warehousing Zoning Districts.
§ 27-1409 Courts.
[Ord. 88-7, 5/12/1988]
Courts shall conform to the following requirements:
1.
An open space in the form of an inner court or outer court shall be provided in connection with any building in any residential or commercial district wherever any room therein in which a person or persons live, work, sleep or congregate cannot be adequately lighted and ventilated from the street or yard. Such court shall be adjacent to such room, the windows of which shall open onto such court (This section shall not apply to specialized commercial and/or manufacturing processes where controlled light and/or ventilation are required).
2.
Outer Court.
A.
The width of any outer court upon which windows open from a living room, bedroom or dining room shall be not less than the height of any wall opposite such windows, except as provided in Part 14 § 27-1404, Subsection 3B(5). However, when the depth of such court is less than six feet, the minimum width may be as little as twice the depth.
B.
The depth of an outer court formed by walls on three sides shall be not greater than 1 1/2 times the width.
3.
Inner Court.
A.
The least dimension of an inner court shall be not less than the full height of the walls enclosing such court, but not less than 50 feet for apartment buildings and not less than 10 feet for two-family dwellings.
B.
An open and unobstructed passageway shall be provided for each inner court. Such passageway shall have sufficient cross-section area and headroom for the passage of fire-fighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area with adequate access to a street.
§ 27-1410 Habitable Floor Area.
[Ord. 88-7, 5/12/1988]
The minimum habitable floor area of a dwelling unit hereafter erected shall be 650 square feet. In the case of buildings holding or containing two or more dwelling units, the minimum habitable floor area shall be not less than 400 square feet per dwelling unit, except those dwelling units designed for and occupied exclusively by one person, which dwelling units shall each contain not less than 250 square feet of habitable floor area.
§ 27-1411 Illumination.
[Ord. 88-7, 5/12/1988]
1.
The illumination of any sign shall be arranged in such a manner that the light shall be shielded from any residential building nor fall within the right-of-way of any street or highway.
2.
Outside lights must consist of a light source and reflector so that acting together, the light beam is controlled and not directed across any property lines.
§ 27-1412 Performance Standards.
[Ord. 88-7, 5/12/1988]
All uses of land, buildings and structures or industrial processes shall be prohibited that may be noxious or injurious by reason of the production and/or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substances or condition.
§ 27-1413 Drainage Regulations.
[Ord. 88-7, 5/12/1988]
1.
Prior to obtaining a permit for any construction or earthmoving activities the applicant must submit an Erosion and Sedimentation Control Plan and Storm Water Management Plan for approval by Borough Council and the Borough Engineer.
2.
Such plans shall be in conformance with those standards set forth in Chapter 22 of the Hummelstown Borough Code of Ordinances, and any other applicable state, county and Borough regulations, particularly the Pennsylvania Storm Water Management Act of October 4, 1978, as amended, approved by the General Assembly on May 14, 1985.
§ 27-1414 Control of Traffic and Protection of Public Safety.
[Ord. 88-7, 5/12/1988]
The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas and access to highways. Where a driveway or access road gives access to a state road or highway, approval by the Pennsylvania Department of Transportation shall be required.
§ 27-1415 Reduction of Lot Dimensions.
[Ord. 88-7, 5/12/1988]
The area, width, or depth of any lot shall not be reduced by subdivision, sale, or development so that the lot width, lot area, lot area per dwelling unit, courts and yards, or other spaces are smaller, or so that the coverage is greater than prescribed herein.
§ 27-1416 Historic Demolition Overlay District.
[Ord. 88-7, 5/12/1988; as added by Ord. 2004-2, 2/26/2004, § 3]
1.
Purposes. In addition to serving the overall purposes of this Part, this section is intended to:
A.
Promote the retention of community character through preservation of the local heritage by recognition and protection of historic and architectural resources.
B.
Establish a clear process to review applications for demolition of designated historic buildings.
C.
Encourage continued use, appropriate rehabilitation and adaptive reuse of historic buildings.
D.
Implement §§ 603(b)5, 603(g)2, 604(1) and 605(2) of the Pennsylvania Municipalities Planning Code which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value.
E.
Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings.
2.
Applicability.
A.
This section shall apply to any principal building within the Historic Overlay District as shown on the Zoning Map. This section shall not apply to a building or building addition that was built after 1945. The applicant shall provide evidence to the Zoning Officer that a building was built after 1945.
(1)
In addition, the following accessory buildings located at the following street addresses are also regulated by this section:
Smoke House | 113 East Main Street | |
Smoke House | 40 East Main Street | |
Summer Kitchen | 306 West Main Street | |
Summer Kitchen | 110 East Main Street | |
Summer Kitchen | 120 South Hanover Street | |
Outhouse | 115 South Hanover Street | |
Outhouse | 530 Walton Avenue | |
Barn | 13 East Main Street | |
Barn | 232 West Main Street | |
Barn | 144 East High Street | |
Barn | 222 East Main Street | |
Pavilion | Cemetery on South Railroad Street | |
Pavilion | 530 Walton Avenue |
B.
All of the provisions of the applicable underlying Zoning District shall also continue to apply for any building within the Historic Demolition Overlay District. If any discrepancy or conflict exists between any regulations contained within this section and the regulations of the underlying Zoning District, that regulation which imposes the greater restriction upon development, demolition and use shall apply.
C.
Unless specifically stated otherwise on the Zoning Map the Historic Overlay District shall apply to lots that abut each side of a public street that is within the Overlay District.
3.
General Provisions.
A.
Any partial or complete demolition of a building regulated by this section that is visible from a public street shall only occur in compliance with this section.
B.
The Historic Overlay District on the Zoning Map may be revised by Borough Council as a Zoning Ordinance Amendment.
C. DEMOLITION DEMOLITION BY NEGLECT MAINTENANCE AND REPAIR STEETSCAPE
Definitions. In addition to the definitions provided in § 27-202, the following terms shall have the following meanings for the purposes of this section:
The dismantling, tearing down, removal or razing of the exterior of a building, in whole or in part. This term shall not include changes to the interior of a building, provided such changes do not alter the structural integrity of the building.
The absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building to a point that causes a need for major repair or may cause a need for demolition.
Work that does not alter the appearance or harm the stability of exterior features of a building.
The overall appearance of a block along a public street, including yards visible from a public street, the relationship of building setbacks, the consistency of architectural styles or features, the spacing and shapes of windows and doors and roof lines and similar features that give the block its distinctive visual character.
4.
Review of Applications for Demolition.
A.
A building regulated by this section shall not be demolished, in whole or in part, unless the application is approved as a conditional use and the applicant provides credible evidence that one or more of the following conditions exist:
(1)
The existing building cannot feasibly and reasonably be reused, and that such situation is not the result of intentional neglect or demolition by neglect by the owner.
(2)
The denial of the demolition would result in unreasonable economic hardship to the owner, and the hardship was not self-created.
(3)
The demolition is necessary to allow a project to occur that will have substantial, special and unusual public benefit that would greatly outweigh the loss of the building, and the project needs to occur at this location. For example, a demolition may be needed for a necessary expansion of an existing public building or to allow a street improvement that is necessary to alleviate a public safety hazard.
(4)
The existing building has no historical or architectural significance and the demolition will not adversely impact upon the streetscape. To meet this condition, the applicant may present information concerning the proposed design of any replacement building or use to show that the proposed building or use will result in a net improvement to the streetscape.
B.
The standards and criteria of this section shall apply in place of any general conditional use standards of this Part. In reviewing the application, the Borough Council shall consider the following:
C.
An application for partial or complete demolition of a building regulated by this section shall not be approved unless all of the requirements of this section have been met. A partial demolition shall include, but not be limited to: removal of an attached porch roof, removal of porch columns and removal of exterior architectural features. See definition of "Demolition" in § 27-1416, Subsection 3C(1).
D.
A complete application for the demolition shall be submitted by the applicant in writing. This application shall include the following:
(1)
The name, address and daytime telephone number of the owner of record and the applicant for the demolition.
(2)
Recent exterior photographs of the building proposed for demolition. If the applicant is alleging that the building cannot be reused or rehabilitated, then interior photos and floor plans shall be provided as needed to support the applicant's claims.
(3)
A site plan drawn to scale showing existing buildings and the proposed demolition.
(4)
A written statement of the reasons for the demolition.
(5)
The proposed use of the site, and a proposed time line for development of that proposed use.
E.
Procedures. The demolition application shall be submitted to the Zoning Officer for consideration by Borough Council as a conditional use. The Zoning Officer shall notify applicant of all conditional use public hearing dates where the application is to be discussed and considered.
F.
Evidence. The applicant shall provide sufficient credible evidence to justify any claims that a building cannot feasibly be repaired or reused. The following types of expert testimony and documentation are encouraged to be provided: a property appraisal, income and expense statements for the property, a written estimate of the costs of rehabilitation by a qualified contractor, a written report from a professional engineer regarding the structural soundness of the building, testimony concerning efforts to market the property over time, information regarding the applicant's purchase price of the building, and similar relevant information.
G.
Self-Created Conditions. The conditions that justify the proposed demolition of a building regulated by this section shall not have been self-created by the applicant. These conditions include, but are not limited to:
H.
The Zoning Officer may require that any unoccupied building shall be properly sealed and secured to prevent decay from the elements and vandalism.
I.
Emergency. The Zoning Officer may issue a permit for the demolition without compliance with this section if the Building Inspector certifies in writing that the building presents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.
J.
Approval under this section shall not be needed for the relocation of a building within the Borough, provided that the relocation does not result in a partial or complete demolition that is regulated by this section.
5.
Demolition by Neglect.
A.
Every property owner of a building regulated by this section shall repair and maintain the building to avoid demolition by neglect.
B.
Every property owner of a building regulated by this section shall properly repair and maintain the building to maintain the structural integrity of the building and to protect the building and attached features from damage from the elements. The attached features that shall be protected, repaired and maintained include the roof, chimney, cornice, soffit, fascia, spouting, columns, beams, posts window sills, door sills and lintels.
C.
If a property owner fails to comply with an order from the Building Inspector to repair a building regulated by this section to correct a code violation that threatens the structural integrity of a building, such matter shall be considered a violation of this § 27-1416, Subsection 4G, and the property owner may also be cited for a violation of this Part.
6.
Advisory Guidelines. The following advisory guidelines should be considered in the design of new construction, additions and exterior alterations in a block with historic buildings. Some of these features maybe required by other sections of this Part in specific cases.
A.
Vehicle parking and any garage doors should be placed to the rear of buildings as opposed to between buildings and the street. Where rear parking is not practical, then parking should be provided to the side of a building. Where a driveway needs to enter from the front, the garage should be setback farther from the street than the house, and the driveway should be as narrow as practical through the front yard.
B.
New construction should have a front yard setback that is similar to adjacent older buildings.
C.
Modern additions and features should be placed towards the rear of the property and not be visible from the street.
D.
New construction should have roof lines that are similar to adjacent older buildings. Flat roofs should be avoided. When a pitched roof is not practical, then the roof should at least appear to have angles and a pitch when viewed from the street.
E.
On sides visible from a street, new construction should use building materials that are similar in appearance to older buildings, including brick and stone. Modern building materials are available that have a historic appearance, such as artificial stone.
F.
Where existing older buildings have a certain horizontal or vertical orientation, that orientation should be continued in new construction. Where existing older buildings have a certain spacing of windows and doors, similar spacing (and similar sizes of windows and doors) should be continued in a new construction. Blank walls without door and window openings should be avoided along a street.
§ 27-1417 Medical Marijuana Facilities.
[Added by Ord. No. 2019-3, 8/15/2019]
1.
Purpose. The purpose of this section is to establish a process and standards for the establishment, construction, and operations of medical marijuana facilities, pursuant to the Pennsylvania "Medical Marijuana Act" (PA Act 16, 2016)[1] to allow for the integration of an allowed industry while providing for the protection of the public's health, safety, morals, and general welfare.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
3.
Definitions.
A. ACADEMIC CLINICAL RESEARCH CENTER CAREGIVER CERTIFIED MEDICAL USE CLINICAL REGISTRANT(1) (2) DISPENSARY FORM OF MEDICAL MARIJUANA GROWER/PROCESSOR IDENTIFICATION CARD MEDICAL MARIJUANA MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE MEDICAL MARIJUANA ORGANIZATION OR FACILITY REGISTRY
In addition to the definitions provided in Chapter 27, Zoning, Part 2, Definitions, § 27-202, the following definitions will be incorporated into Chapter 27, Zoning, Part 14, General Provisions § 27-1417.
An accredited medical school within this Commonwealth that operates or partners with an acute care hospital licensed within this Commonwealth.
The individual designated by a patient to deliver medical marijuana.
The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the Commonwealth.
An entity that:
Holds a permit both as a grower/processor and a dispensary; and
Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the Commonwealth to dispense medical marijuana.
The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the DOH to grow and process medical marijuana.
A document issued by the DOH that permits access to medical marijuana.
Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16.[2]
Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processors and/or dispensaries.
A dispensary or a grower/processor of marijuana for medical purposes.
The registry established by the DOH for all medical marijuana organizations and practitioners.
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
4.
Use Regulations. The following performance standards will be incorporated into Chapter 27, Zoning, Part 14, General Provisions § 27-1417.
A.
Academic Clinical Research Centers.
(1)
Parking requirements will follow the parking schedule found in Chapter 27, Zoning Part 17, Off-Street Parking § 27-1702, Subsection 16, Off-Street Parking Regulations and/or as listed for industrial uses, manufacturing or assembly plants, warehousing, laboratories, salvage yards and wholesale trade establishments.
(2)
An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(3)
All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where an academic clinical research center adjoins a residential use or district.
B.
Medical Marijuana Grower/Processor.
(1)
A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(2)
The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.
(3)
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
(4)
Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the DOH Policy and shall not be placed within any unsecure exterior refuse containers.
(5)
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
(6)
Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.
(7)
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(9)
A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district. Said buffer yard to be constructed in accordance with § 27-1405 herein.
(10)
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(11)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
C.
Medical Marijuana Transport Vehicle Service.
(1)
A traffic impact study is required where the office is operated.
(3)
All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district.
(5)
Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(6)
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.
(7)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
D.
Medical Marijuana Dispensary.
(1)
A medical marijuana dispensary must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the DOH.
(2)
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(3)
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(4)
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
(5)
Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. of the same calendar day.
(6)
A medical marijuana dispensary shall include adequate space for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
(8)
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
(9)
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
(10)
A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.
(11)
Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.
(12)
All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(14)
A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.
(15)
Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
(16)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
5.
Administration and Enforcement.
A.
Building and Zoning Permits/Approvals.
(1)
Applications for approval must comply with all sections of this Chapter 27 (Zoning) and all other applicable codes of the Borough of Hummelstown.
(2)
Zoning approval shall be required prior to obtaining a building permit for the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.
(3)
The Borough zoning permit application must be completed.
(4)
Permit fees shall be as stipulated in the fee schedule adopted by resolution of the Borough of Hummelstown Borough Council in effect at the time of application.
(5)
Permits may be denied if the applicant, in the reasonable opinion of the Borough of Hummelstown, is failing to comply with any state or local law or regulation.
(6)
In the case of new construction, meeting the Pennsylvania Municipalities Planning Code definition of a land development plan application is required to be submitted and an approval secured, prior to establishment of the use.
(7)
If the application is to change the use of a building, or needs to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.
(8)
A medical marijuana grower/processor must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the Department of Health.
6.
Severability. If any section, subsection, sentence, clause or phrase or portion of this document is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion thereof.
7.
Penalties. Any owner, operator, or other person who violates or permits a violation of this chapter shall, upon being found liable therefore in a civil enforcement proceeding before a Magisterial District Judge, pay to Borough of Hummelstown a fine of not more than $500, plus all court costs, including but not limited to reasonable attorney's fees incurred by the Borough of Hummelstown on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Borough of Hummelstown may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected by the Borough of Hummelstown without further judicial proceedings. Further, the appropriate officers or agents of the Borough of Hummelstown are hereby authorized, to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Borough of Hummelstown. A person who violates this section shall also be responsible for the municipality's attorney's fees, engineering fees, expert fees and court costs reasonably incurred by the Borough of Hummelstown on account of such violation.
8.
When Effective. This section shall take effect upon execution by the Mayor.