Lemoyne Cumberland County
City Zoning Code
City Zoning Code
ARTICLE VII
General Regulations
§ 550-31 Application.
Unless otherwise specified elsewhere in this chapter, the regulations contained in this Article VII of this chapter shall apply to all uses within the Lemoyne Borough.
§ 550-32 Accessory buildings and similar structures.
[Amended 2-6-2014 by Ord. No. 720]
In all zoning districts, accessory buildings and/or similar structures, including, but not limited to, detached garages, carports, barns, storage buildings, sheds, garden structures, etc., are permitted, subject to the following criteria:
A.
Accessory buildings and similar structures shall not be erected, set, placed or otherwise permitted to be constructed upon a lot until the construction of the principal use has actually begun, except as provided in this subsection and elsewhere in this chapter:
(1)
One accessory building or similar structure may be erected, set, placed or otherwise permitted to be constructed upon a vacant lot in accordance with the following:
(a)
Said accessory building or similar structure shall:
[1]
Be less than 10 feet in height.
[2]
Have a building footprint of less than 100 square feet.
[3]
Not be located upon a permanent foundation.
[4]
Be located within 20 feet of the rear lot line.
[5]
Be set back at least two feet from any side or rear lot line.
[6]
Rear setbacks increase to five feet if rear yard does not abut a street.
B.
Accessory buildings and similar structures shall be located no closer than five feet to the closest point of any exterior wall of the principal building on the same lot; otherwise, they shall be attached to the principal building and shall be considered as part of that principal building.
C.
Accessory buildings and similar structures shall comply with the yard, setback, and other dimensional requirements of the applicable zoning district relating to accessory buildings and similar structures, except as otherwise provided for in this section:
(1)
For accessory buildings and similar structures located in the residential zoning districts or mixed-use zoning districts on a lot with a residential use upon it:
(a)
No more than two accessory buildings or similar structures may be located on a lot used for single-family dwellings and two-family dwellings.
(b)
The gross floor area for all accessory buildings and similar structures shall not exceed 100% of gross floor area of the principal building.
(c)
Accessory buildings and similar structures that are less than 10 feet in height, have a building footprint of less than 144 square feet, and which are not located upon a permanent foundation, shall be set back at least two feet from any lot line.
(d)
When a private garage, carport, and other similar enclosed structures that is designed for the parking and/or storage of motor vehicles, abuts and has direct access to a minor access street, such structures shall be set back at least five feet from the minor access street right-of-way or 15 feet from the center line of the minor access street, whichever is greater.
(e)
For lots containing single-family semidetached dwellings and/or single-family attached dwellings, accessory buildings and similar structures may be attached to similar accessory buildings and similar structures on abutting lots and may have the same side setback as the principal building at the shared lot line, provided that the owner of the abutting lot and building provides notarized, written consent.
(f)
Accessory buildings and similar structures that can be described as "children's swing sets," "children's play equipment," "tree houses" and "play houses," shall be set back at least two feet from any lot line.
(2)
The total building footprint of all accessory buildings or similar structures on a lot shall not exceed the building footprint of the principal structure on the same lot.
§ 550-33 All uses must show compliance with applicable code and licensing requirements.
In all zoning districts, all uses as applicable, must comply with Borough building, health, housing, rental, safety, property and other applicable local, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Borough, or shall be a condition of approval.
§ 550-34 Alternative energy systems.
In all zoning districts, except that accessory wind energy systems which shall only be permitted in the IND Zoning District, all accessory energy systems shall be permitted, subject to the following criteria:
A.
Accessory solar energy systems.
(1)
The design and installation of solar energy systems shall conform to Chapter 200 relating to code enforcement, and with all other applicable Borough electrical, fire, life safety, and other similar standards.
(2)
The design and installation of solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations. The manufacturer's specifications shall be submitted as part of the application.
(3)
All solar energy systems shall be designed and located to ensure solar access without reliance on or interference from adjacent properties.
(4)
All solar energy systems shall be designed and located to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.
(5)
All on-site utility and transmission lines that are part of the solar energy system shall, to the maximum extent feasible, be placed underground.
(6)
All solar energy systems shall, to the maximum extent feasible, be inconspicuously sited when viewed from adjacent street rights-of-way.
(7)
All solar energy systems should, to the maximum extent feasible, be sited so that tree removal is not required.
(8)
Roof- and wall-mounted solar energy systems shall be sited in accordance with the following:
(a)
Solar energy systems located on the roof of any structure shall not extend beyond the existing overhangs of the structure's roof.
(b)
Solar energy systems located on a pitched roof of any structure shall not extend vertically above the highest point (peak) of the pitched roof of the structure, as viewed from the lot line.
(c)
Solar energy systems located on a roof of any structure shall be the same slope as, or parallel to, the pitched roof.
(d)
Solar energy systems located on a flat roof shall not exceed 15 feet in height above the height of the roof. In all zoning districts, such facilities shall be screened by parapets, walls, fences, or other approved means as viewed from the lot line, except for the general business and other zoning districts.
(e)
All solar energy systems mounted on roofs and walls of any structure shall be subject to the maximum height regulations specified within the applicable zoning district.
(f)
No solar energy system shall be attached to, or sited along the front facade (wall) or front building line of any principal building.
(9)
If the solar energy system is unable to be located on a roof or a wall of a structure as is preferred, then placement of freestanding, ground-mounted solar energy systems shall be provided in accordance with the following:
(a)
In addition to any yard and setback requirements set forth in this section, all freestanding, ground-mounted solar energy systems shall comply with all yard and setback requirements for accessory structures in the applicable zoning district.
(b)
All freestanding, ground-mounted solar energy systems shall be set back from all property lines and street rights-of-way a distance equal to the total height of the solar energy system.
(c)
Freestanding, ground-mounted solar energy systems shall not exceed 15 feet in height.
(d)
For purposes of determining the maximum surface area of all freestanding, ground-mounted solar energy systems, the maximum surface area shall be considered the total surface area of the cumulative solar panels; where two or more panels are grouped together, the total dimensions (length and width) of each panel shall be the cumulative dimension of the panels. The maximum surface area of all freestanding, ground-mounted solar energy systems on any lot in:
(10)
All applications for solar energy systems shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:
(a)
A completed glare study ensuring that reflective glare is not directed towards nor upon any adjacent properties or adjacent street rights-of-way. The glare study shall include:
[1]
Angle of the solar collector system panels, arrays, cells, etc., at the location.
[2]
A diagram showing the maximum and minimum angles of reflective glare from the solar collector system panels, arrays, cells, etc., at the location and the relationship of that glare to adjacent properties, structures and rights-of-way.
[3]
Mitigation plan that limits or eliminates reflective glare on adjacent properties, structures, and rights-of-way.
(b)
Certification from a qualified professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the proposed installation of the solar energy system will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy system, and applicable requirements of Chapter 200 relating to code enforcement.
(c)
Confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
(11)
Prior to the issuance of a permit for the installation of a solar energy system, the applicant shall provide the Zoning Officer with written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
B.
Accessory wind energy systems.
(1)
The design and installation of wind energy systems shall be in strict accordance Chapter 200 relating to code enforcement, and with all other applicable Borough electrical, fire, life safety, and other similar standards.
(2)
The design and installation of all wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, or as approved under an emerging technology program (e.g., the California Energy Commission, International Electotechnical Commission), or any other wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. The manufacturer's specifications shall be submitted as part of the application.
(3)
All on-site utility and transmission lines as part of the wind energy shall system shall, to the extent feasible, be placed underground.
(4)
All wind turbines shall have a flat finish and nonobtrusive colors (e.g., white, off-white, or gray) as applied by the manufacturer in order to reduce the visual impact to the extent feasible.
(5)
All wind turbine towers shall be painted silver or have a galvanized finish retained in order to reduce the visual impact to the extent feasible. Towers may be painted green or brown up the height of nearby trees.
(6)
All wind energy systems shall be equipped with manual-electronic or mechanical and automatic overspeed controls to limit the blade rotation speed to within the design limits of the wind energy system.
(7)
Wind energy systems shall not be installed in any location where they would interfere with existing fixed broadcast, re-transmission, or reception antenna. This includes interference with residential radio, television, or wireless phone, or other personal communication system reception. No wind energy system shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.
(8)
All wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any adjacent properties as well as any adjacent street rights-of-way.
(9)
Noise from wind turbines shall comply with Article VII of this chapter relating to performance standards for all uses. The maximum decibel level may be exceeded during short-term events (e.g., utility outages and/or severe wind storms).
(10)
In addition to any yard and setback requirements set forth in this section, all wind energy system shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
(11)
Wind turbines shall be set back a distance equal to 1 1/2 times the total height of the wind turbine from all property lines, streets and other rights-of-way, and overhead utility lines.
(12)
The maximum height of wind energy systems shall not exceed the height limitations of the applicable zoning district by more than 15 feet.
 Figure 550-7-1 Wind Turbine Height Example |  Figure 550-7-2 Wind Turbine Configuration Example |
(13)
For all wind energy systems not otherwise mounted on a roof, unauthorized access to the turbine and tower shall be prevented by design, with a minimum of 12 feet from the ground to the bottom of the ladder. All doors to turbine and tower shall be locked.
(14)
The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground. If the wind turbine proposed is a vertical axis wind turbine (also referred to as a "helix type" turbine or VAT), the height between the lowest point of the turbine and the ground may be reduced to eight feet.
(15)
Wind energy systems shall not be lighted, except to comply with applicable Federal Aviation Administration (FAA) regulations.
(16)
No portion of any wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
(17)
Wind energy systems shall not display advertising, except for reasonable identification of the wind energy system's manufacturer. Such sign shall have an area of less than four square feet and shall otherwise comply with Article VIII of this chapter.
(18)
When an accessory building or structure is necessary for storage cells or related mechanical equipment, the accessory building shall comply with the accessory building and structure requirements specified within the applicable zoning district.
(19)
All applications for wind energy systems shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:
(a)
A plot/site plan showing:
[1]
Property lines and physical dimensions of all areas of the subject property that are within a distance equal to two times the total height of the wind energy system.
[2]
Location, dimensions, and types of existing principal and accessory structures on the property.
[3]
Location of the proposed wind energy system tower, foundations, guy anchors, and associated equipment.
[4]
The rights-of-way of any public street abutting the property.
[5]
Any overhead utility lines.
(b)
Wind energy systems system specifications, including manufacturer and model, rotor diameter, tower height, and tower type: freestanding or guyed.
(c)
Certification from a qualified professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of Chapter 200 relating to code enforcement. A copy of the foundation analysis shall also be provided.
(20)
Prior to the issuance of a permit for the installation of a wind energy system, the applicant shall provide the Zoning Officer with written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
§ 550-35 Appurtenant service equipment screening and location for nonresidential and other uses.
In all zoning districts, for uses other than single-family detached, single-family semidetached, and two-family dwellings, appurtenant service structures and areas including solid waste dumpsters, trash and refuse bins, and recycling containers; propane tanks; air-conditioning units and condensers, except window units; generators; electrical transformers; and other similar appurtenant equipment or elements providing essential services to a building or lot are permitted, subject to the following criteria:
A.
Appurtenant service equipment, structures, and areas including solid waste dumpsters, refuse and recycling containers, propane tanks, air-conditioning units and condensers, except window units, electrical transformers and other equipment or elements providing essential services to a building or a lot shall not be located:
(1)
In the front yard between the principal building and the public street, excluding minor access streets, or within any required front setback in the residential zoning districts or mixed-use zoning districts;
(2)
In any required accessory use or structure setback, excluding those lot lines abutting any minor access street, or a required buffer yard;
(3)
In any area of a parking lot that causes obstructed access to designated parking spaces; nor
(4)
Within 10 feet of the residential zoning districts or an existing residential use in the mixed-use zoning districts.
B.
In addition to the following requirements, all service structures and areas shall be screened on all sides with a minimum of 100% opacity in accordance with Article VII of this chapter relating to buffer and screening regulations.
(1)
Required screening shall enclose any service structure on all sides unless such structure must be frequently moved, in which case, screening on all but one side is required.
(2)
Fencing, if erected, shall be constructed of the same color and material as the principal building of a lot, but may be a decorative masonry wall, excluding exposed "cinder block." If solid weather-resistant wood or material of similar appearance (e.g., white vinyl vertical planks) is used, vegetative screen planting shall also be provided. The fence or wall shall include a self-latching door or gate. In no case shall "chain link" material or pattern fencing be used for screening.
(3)
The average height of the screening shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height unless specified otherwise by this chapter.
(4)
When a service structure is located adjacent to a building wall, perimeter landscaping material may fulfill the screening requirements for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set forth in this section.
(5)
Although service structures may be screened by plant material, such plant material may not count towards the fulfillment of any required landscaping.
(6)
Whenever screening material is placed around any solid waste or trash disposal unit that is emptied or removed mechanically on a regular basis, a fixed barrier (e.g., mounted metal brackets) to contain the placement of the container shall be provided within the screening on those sides where there is such material. The barrier shall be at least 18 inches from the screening and shall be of sufficient strength to prevent possible damage to the screening when the container is moved. The minimum front opening of the screening shall be 12 feet to allow service vehicles access to the container.
C.
Kitchen windows capable of being opened, and ventilation equipment outlets and other similar equipment associated with food service, restaurants, taverns/bars, and other similar food and drink service uses shall not be located or oriented directly toward any abutting property in the residential zoning districts or existing residential use in the mixed-use zoning districts.
D.
All ventilation equipment outlets, fume collection, and other similar equipment associated with any service/repair work area(s) and/or service/repair bay doors/openings for nonresidential uses, shall not be located or oriented directly toward any abutting property in the residential zoning districts or existing residential use in the mixed-use zoning districts.
E.
For all nonresidential uses, mixed uses, and multifamily dwelling uses in the residential zoning districts or mixed-use zoning districts, all rooftop-mounted equipment and other similar appurtenances including stairwells, air-conditioning units, large vents, heat pumps, and mechanical equipment, shall to the maximum extent feasible, be inconspicuously sited on the roof, screened via use of parapets, walls, fences, landscaping, or other approved screening, or integrated be within the roof form, so as to not be viewed from adjacent street rights-of-way, excluding minor access street. When fencing is proposed to be used as a rooftop equipment screen, it shall be designed to be architecturally compatible with the principal building, including design, materials, and colors.
F.
The locations of all service structures and screening shall be shown on all site plans and land development plans submitted to the Borough.
G.
This section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises.
Figure 550-7-3 Appurtenant Service Equipment Screening and Location for Nonresidential and Other Uses Graphic Examples |
 | Figure 550-7-3-1 Compatible Refuse and Servicing Facilities: Pittsburgh, PA |
 | Figure 550-7-3-2 Compatible Refuse and Servicing Facilities: Exton, PA |
 | Figure 550-7-3-3 Incompatible Refuse and Servicing Facilities: Highspire, PA |
 | Figure 550-7-3-4 Compatible Refuse and Servicing Facilities: Gettysburg, PA |
§ 550-36 Buffer and screening regulations.
In all zoning districts, buffering and screening shall be provided, subject to the following criteria:
A.
Required buffer yard and screening shall be provided on a lot proposed for development of nonresidential uses and/or higher-density/intensity residential dwelling types and extend the entire length of the lot line abutting a residential zoning district and/or lower-density/intensity residential dwelling lots. See Table 550-7-1, Required Buffer Yards and Screening, for required minimum buffer yard widths and required minimum screening opacity:
Table 550-7-1 Required Buffer Yards and Screening | |||
|---|---|---|---|
Where a Permitted: | Abuts: | Minimum Required Buffer Yard Width (feet) | Minimum Required Opacity of Screening |
Nonresidential uses in the General Business and other zoning districts | The Residential Zoning Districts or a lot with an existing residential use | 35 | 80% |
Nonresidential uses in the Residential Zoning Districts | A lot with an existing residential use | 25 | 90% |
Higher-density residential dwelling types, except as provided herein this table below | A lot with an existing lower-density dwelling-type residential use | 15 | 90% |
Nonresidential uses or higher-density residential dwelling types in the Mixed-Use Zoning Districts* | A lot with an existing residential use or an existing lower-density dwelling-type residential use* | 5* | 90%* |
NOTES: | |
* | Where an existing or former residential building is being proposed for reuse for a permitted nonresidential use, and where there is insufficient distance between said building and the abutting lot line to achieve the required five-foot buffer yard, there shall be no buffer yard required for the area of the lot where said building is located, as long as screening with no less than one-hundred-percent opacity is provided in the area of the lot where said building is located. Remaining portions of the lot shall comply with the buffer yard and screening requirements provided for elsewhere in this section. |
B.
No buffer yard shall be required for a nonresidential use, mixed-use, or higher-density residential dwelling type use separated from the residential zoning districts and/or existing lower-density residential dwelling type lots in the mixed-use zoning districts (as applicable) by a public street right-of-way, excluding minor access streets.
C.
All required buffer yard areas shall be planted and maintained with vegetative cover and living material, as well as any required screening, and kept free of:
D.
Signs shall be permitted in a buffer yard that abuts a street right-of-way, and shall otherwise comply with Article VIII of this chapter.
E.
Stormwater management facilities and structures may be maintained within a buffer yard, but the existence of such facilities or structures shall not be a basis for a failure to meet the screening requirements.
F.
Buffer yards may be crossed by access drives, driveways, sidewalks, or easements with a maximum width of 35 feet, provided the center line of the access drive, driveway, sidewalk, or easement crosses the lot line and buffer yard at not less than 75°; however, no turning or maneuvering of vehicles shall be permitted in the buffer yard area.
G.
Buffer yards may be located within any required setback or yard.
H.
Screen plantings. Where screen plantings are provided in buffer yards, said screen plantings must be located in the exterior portion of the required buffer yards, and shall be evenly spaced extending the length of the lot line in accordance with the following:
(1)
Plant materials used in screen planting shall be of such species as will produce, within two years, a year-round visual screen of at least six feet in height and be at least:
(2)
Screen plantings shall be maintained permanently in a healthy condition. Any screen plantings that die or are severely damaged shall be replaced by the current property owner to the maximum extent feasible considering growing seasons, within a maximum of 150 days.
(3)
Screen plantings shall be placed so that at maturity they will be located not closer than two feet from any street right-of-way line or property line.
(4)
In order to aid surveillance and minimize the potential for crime, screen plantings shall also be sited, massed, and scaled to maintain visibility of doors and first or ground floor windows from the street and from within the development to the maximum extent feasible. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear sight triangle in accordance with Article IX in this chapter relating to driveways and access drives shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
(5)
Screening plantings shall be interrupted only at:
(6)
Trees that are used in the planting of a buffer yard and elsewhere on the lot shall be in accordance with those identified within Chapter 480 relating to subdivision and land development and Chapter 499 relating to trees.
(a)
If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
(7)
Screen plantings shall be provided between the lot line and any off-street parking area, loading area, and any outdoor solid waste storage and refuse area for any nonresidential use, multifamily dwelling use, single-family attached use, and/or mixed use where the parking or solid waste storage and refuse area abuts property in the residential zoning districts or existing single-family detached dwelling or two-family detached dwelling in the mixed-use zoning districts.
I.
Fences and walls as screening. Each buffer yard may include fences and walls which shall be located in the interior portion of the required buffer yards that extend the length of the lot line in accordance with the following:
(1)
Fences and walls shall comprise no more than 75% of any required screening, and screen plantings shall be used in combination with fences or walls.
(2)
Fences and walls that are placed in a buffer yard shall be located between the principal and related accessory uses and any required screen plantings.
J.
Berms as screening. Each buffer yard may include berms in accordance with the following requirement:
(1)
Berms shall be constructed with slopes not to exceed 33% with side slopes designed and planted in such a manner so as to prevent erosion and stormwater runoff, and with a rounded top surfaces that are a minimum of two feet in width at the highest points of the berm, extending the length of the berms.
(2)
The top of berms shall be planted with screen plantings.
 Figure 550-7-4 Buffer and Screening Example: Plan View |
 Figure 550-7-5 Buffer and Screening Example: Profile View |
§ 550-37 Bus/transit shelters.
In all zoning districts, bus/transit shelters are permitted, subject to the following criteria:
A.
Bus/transient shelters may be located within any required yard or setback.
B.
Only the following signs shall be permitted, and shall otherwise comply with Article VIII of this chapter:
(1)
One two-sided sign with a maximum sign area of eight square feet, which shall only be internally illuminated in accordance with Article VIII of this chapter relating to general standards for permitted signs.
(2)
Nonilluminated signs identifying the name of the transit provider, route schedules and maps.
C.
The location of a bus/transit shelter shall not interfere with pedestrian traffic along a sidewalk and shall be not located within a clear sight triangle as set forth in Article IX of this chapter relating to driveways and access drives.
D.
There shall be a legally binding commitment provided by a responsible entity to properly maintain the bus/transit shelter and to remove the shelter if it is not needed in the future or if it is not properly maintained.
E.
Bus/transit shelters shall be durably constructed and shall be covered by a roof. For security and safety purposes, the majority of the side and rear walls of the bus/transit shelter shall be constructed of a clear, shatter-resistant material.
§ 550-38 Crops/gardening.
In all zoning districts, crops/gardening is permitted, subject to the following criteria:
A.
The use includes the sale of harvestable products, limited to those grown on-site.
B.
Crops/gardening is not subject to yard or setback requirements, but shall be located completely within the property boundary, and no part may coincide with any property line.
C.
All related accessory structures shall comply with requirements of this chapter, including the requirements for accessory structures in the applicable zoning district.
§ 550-39 Essential services.
In all zoning districts, essential services are permitted as needed to provide service to lots, structures, and buildings. See also Article VII of this chapter relating to appurtenant service equipment screening and location for nonresidential and other uses.
§ 550-40 Fences and walls.
[Amended 2-6-2014 by Ord. No. 720]
In all zoning districts, fences and walls are permitted, subject to the following criteria:
A.
Fences and walls shall be set back:
[Amended 1-20-2022 by Ord. No. 770]
(1)
A minimum of one foot from any right-of-way, property line or sidewalk, whichever is greater; or
(2)
With the agreement of adjoining property owners, between the one-foot set back in Subsection A(1) above, up to or across the existing property line. An easement agreement for maintenance and insurance, location of the fence relative to the actual property line, and cross-access easement with the adjoining property owner shall be executed, recorded at the office of the Recorder of Deeds for Cumberland County and included with the building permit application. The cross-access easement shall provide a width of no less than three feet.
B.
Fences and walls shall be durably constructed and well maintained. Fences and walls that have deteriorated parts and materials shall be replaced or removed.
C.
No fence or wall shall obstruct the clear sight triangle requirements set forth in Article IX of this chapter relating to driveways and access drives.
D.
No fence or wall shall be erected in a street right-of-way, other rights-of-way, or within two feet of the edge of a cartway, unless otherwise required by this chapter and/or any other chapter in the Code of the Borough of Lemoyne.
E.
Fences and walls, in addition to the applicable standards, shall also comply with the following:
(1)
Fences and walls located in the front yard between the principal building and the street, excluding minor access street in the residential zoning districts or mixed-use zoning districts, shall:
(a)
Be an open type of fence (e.g., picket, metal post, wrought iron or split rail) with a minimum of 50% open area to 50% structural area.
(b)
Not exceed 42 inches in height, except on corner lots, where fences and walls shall not exceed 36 inches in height.
(c)
Not be constructed of "chain-link" material or pattern. Fences shall not be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Fences are encouraged to be constructed using weather-resistant wood, vinyl materials that resemble wood, or vinyl materials that resemble historic-style metal post fences.
(2)
Fences and walls that are located within the residential zoning districts or mixed-use zoning districts or upon a lot with a residential use upon it shall not exceed:
(3)
Fences within the general business and other zoning districts shall not exceed 10 feet in height.
(4)
Any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet.
(5)
Structural posts of a fence shall not extend more than six inches above the height of the fence.
(6)
Except in the IND Zoning District, no fence or wall shall be constructed of barbed wire, razor, or other sharp components capable of causing injury. In the IND Zoning District, fences or walls may be constructed of barbed wire, razor, or other sharp components capable of causing injury, only if the portion of the fence containing the barbed wire, razor, or other sharp components capable of causing injury is not lower than six feet above the average surrounding ground level.
(7)
No fence or wall shall be constructed out of fabric, junk, inoperable vehicles, appliances, tanks or barrels.
(8)
If one side of a fence or wall includes posts, supports, and framework that clearly are not designed and integrated as a decorative feature of the fence, or if one side of a fence or wall does not match design patterns of the opposite side, then the side of the fence including the framework shall be placed to face toward the interior of the lot upon which it is located, as opposed to the side of the fence which faces a street or abutting lots.
(9)
Brick may be used for posts, supports, or as a base for a fence or wall, provided the maximum fence or wall height for the fence or wall portion is not exceeded.
(10)
Fence height up to 10 feet shall be permitted on the back or rear of a residential property abutting a commercial or industrial zoning district where such fence height is permitted.
[Added 1-20-2022 by Ord. No. 770]
F.
Walls, in addition to the applicable standards provided in this section, shall also comply with the following standards:
(1)
Engineered retaining walls necessary to hold back slopes are exempt from the regulations of this section and are permitted by right as needed in all zoning districts.
(2)
Walls that are structurally part of a building shall be regulated as part of that building.
(3)
Concrete and/or similar other block walls shall be of a decorative nature, painted or have decorative colors and/or materials on all sides that face outward away from or toward the exterior of the lot or parcel upon which it is located, as opposed to facing toward the interior of the lot.
G.
One arbor, gate, awning, canopy, trellis or similar decorative garden structure not exceeding 10 feet in height and four feet in width shall be permitted within the front yard, provided that it is not within a clear sight triangle as required herein Article IX of this chapter relating to driveways and access drives.
§ 550-41 Habitable floor area and minimum size of dwelling units.
B.
Unless otherwise provided herein this chapter, each dwelling unit shall include a minimum of 500 square feet of enclosed habitable, indoor, heated floor area and which shall be primarily above the ground level. This minimum floor area shall be increased to 800 square feet if there are three or more bedrooms.
§ 550-42 Height exceptions and alterations.
In all zoning districts, the following height exceptions and alterations shall apply:
A.
Height regulations shall not apply to the following structures, provided the structures do not exceed the height limitations of the applicable zoning district by more than 15 feet: steeples of places of worship, antennas, flagpoles, roof- or building-mounted wind energy systems, spires, belfries, cupolas, domes, chimneys, ventilators, water tanks, bulkheads, utility poles or towers, clock or bell towers, elevator shafts, mechanical equipment or other appurtenances usually required to be and customarily placed above roof level and not intended for human occupancy.
B.
Height regulations shall not apply to amateur radio towers or the installation of any antenna that is under 50 feet in height and is owned and operated by a federally licensed amateur radio status operator.
§ 550-43 Hours of operation and management plan.
In all zoning districts, the hours of operation and management of activities of proposed nonresidential uses and mixed-use developments shall be appropriately scheduled, operated, and maintained to protect the existing neighborhood and residential uses from detrimental noise, disturbance, or interruption. An "hours of operations and management plan" shall include the following, unless the Zoning Officer determines such information is unnecessary to determine compliance with this section:
A.
Address of the premises of proposed use including tax parcel identification number.
B.
Name and general and specific type of the proposed use (e.g., commercial use, retail sales).
C.
Name and related contact information of the owner, on-site manager, and/or other authorized agent of the proposed use and the lot [e.g., telephone number(s), email address, etc.].
D.
The nature of the on-site activities and operations involved in the proposed use (e.g., the type of products, materials, equipment and/or processes, etc.).
E.
Advertising associated with the proposed use, as applicable.
F.
Estimated number of employees, patrons, and/or occupants, including per shift and maximum permitted occupancy, as applicable.
G.
The gross floor area of the building(s) and gross area of the lot devoted to the proposed use.
H.
Estimated amount of sales from the proposed use, as applicable.
I.
General description of the land uses adjacent to the property and on the same block.
J.
Intended market area/service area of the proposed use, as applicable.
K.
Vehicles and traffic associated with the proposed use (e.g., employees and customers/occupants deliveries, loading, etc.).
L.
Hours and days the proposed use will be open and/or operating including any expected "special events," as applicable.
M.
The disposal of materials will be accomplished in a manner that complies with Borough, state, and federal regulations, including, but not limited to, those listed in this Article VII of this chapter relating to nonresidential and other uses waste handling requirements.
N.
A discussion of any possible impacts and/or problems the proposed use may cause (e.g., traffic, odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts/problems. The applicant shall further furnish evidence that the impacts generated by the proposed use will be within acceptable levels, as regulated by applicable laws and ordinance, including, but not limited to, those listed in this Article VII of this chapter relating to performance standards for all uses.
§ 550-44 Landscaping and vegetation preservation.
In all zoning districts, landscaping and vegetation shall be subject to the following criteria:
A.
Any part of a lot which is not used for structures, buildings, access drives, driveways, loading areas, parking spaces and aisles, sidewalks, designated storage areas, other structures, or hardscaping shall be provided with an all-season, well-maintained ground cover, and to the maximum extent feasible, include trees and shrubs.
B.
In order to aid surveillance and minimize the potential for crime, plantings shall be sited, massed, and scaled to maintain visibility of doors and first- or ground-floor windows from the street and from within the development to the maximum extent feasible. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear sight triangle, in accordance with Article IX of this chapter relating to driveways and access drives, shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
C.
Vegetation preservation. Vegetation preservation is governed by the standards in this section and the provisions of the PA MPC.[1] The removal of trees, shrubbery, foliage, grass, or ground cover, other natural growth shall be permitted when in conformance with the provisions of this chapter, or Chapter 480 relating to subdivision and land development, and/or other relevant chapter of the Code of the Borough of Lemoyne. The grubbing activity shall be permissible, upon Zoning Officer review and approval of the application as required by the Borough. A permit shall be prepared and issued for an approved application. Violations and penalties associated with cutting and clearing of vegetation include:
(1)
Forestry activities of timber harvesting and/or logging shall comply with Article XI of this chapter relating to forestry (timber harvesting).
(2)
The cutting of trees and/or clearing of vegetation within a required buffer yard as required by Article VII of this chapter relating to buffer and screening regulations is prohibited. Only the removal and replacement of damaged/deceased trees and/or vegetation is permitted. Grubbing activity is permitted where the purpose is to improve the appearance of the lot.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 550-45 Nonresidential and other uses waste handling requirements.
In all zoning districts, for all uses other than single-family and two-family dwellings, waste handling and material disposal methods and procedures shall be subject to the following criteria. The following detailed information is required to be submitted concerning waste handling and material disposal methods and procedures:
A.
Listing of all materials to be used and/or generated on the site.
B.
Listing of all wastes (e.g., food and greases; animal wastes; solid wastes; medical wastes; and hazardous wastes; etc.) generated on the site.
C.
Evidence shall be provided indicating that the disposal of all materials and wastes shall be accomplished in a manner that complies with Chapter 445 relating to solid waste, as well as any county, state and federal regulations. Such evidence shall, at a minimum, include copies of working plans for the cleanup of litter and recycling showing exterior trash and recycling receptacles that are provided amid any an outdoor display and/or sales area, parking lot facilities open to the public, and other outside public areas designed and proposed for patrons and customers of the use. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris.
§ 550-46 Number of principal uses and/or principal structures per lot.
In all zoning districts, the number of principal uses and/or principal structures permitted per lot shall be subject to the following criteria:
A.
A lot in the mixed-use zoning districts or general business and other zoning districts may include more than one permitted principal use and/or structure, provided all other requirements of this chapter are met. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(1)
For example, if Use A requires a twenty-foot minimum setback and Use B on the same lot requires a ten-foot minimum setback, then the lot shall have a required minimum setback of 20 feet.
(2)
The lot may include a condominium form of ownership of individual buildings, with a legally binding property owner or other similar type of association, if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
B.
A lot within the residential zoning districts shall not include more than one principal use or one principal structure unless specifically permitted by this chapter.
(1)
A mobile/manufactured home park, condominium residential development, single-family attached dwelling, or multifamily dwelling development may include more than one principal building per lot, provided all other requirements of this chapter are met.
(2)
A condominium form of ownership of individual dwelling units, with a legally binding homeowners' or other association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
§ 550-47 Ornamental ponds.
In all zoning districts, ornamental ponds are permitted, subject to the following criteria:
B.
Ornamental ponds shall comply with all accessory use and structure setbacks for the applicable zoning district.
C.
All such ponds shall be maintained so as not to pose a nuisance by reason of odor, or the harboring of insects and/or vermin.
D.
Water shall not be discharged from an ornamental pond directly onto any public right-of-way or within 10 feet of any adjacent property without the applicable owner's consent.
E.
Ornamental ponds shall not be located over a drainage, utility, or access easement.
F.
No such pond shall be used for the commercial hatching of fish or other aquatic species.
§ 550-48 Outdoor storage and outdoor stockpiling.
[Amended 2-6-2014 by Ord. No. 720]
In all zoning districts, unless otherwise permitted elsewhere in this section, Articles III through V of this chapter relating to permitted uses, and Article XI of this chapter, the outdoor storage and outdoor stockpiling shall be permitted, subject to the following criteria:
A.
Outdoor storage and outdoor stockpiling shall not include the sale of any bulk materials including goods, material, and merchandise offered for sale to customers. Otherwise, it shall be considered outside sales and display and must comply with the provisions set forth elsewhere in Article VII and Article XI of this chapter relating to outside display and sales.
B.
Outdoor storage and outdoor stockpiling shall not occupy any part of the existing or future street right-of-way (including sidewalks and minor access streets), required off-street parking areas, buffer yards, or any other areas specifically prohibited as set forth in this chapter.
C.
In the residential zoning districts or mixed-use zoning districts:
(1)
On lots used for single-family dwellings and two-family dwelling lots, the outdoor storage and stockpiling of:
(a)
Personal material, except for firewood, for more than one year shall be prohibited. In all instances, outdoor stockpiling of personal material (except furniture and appliances designed to be used outdoors) shall not be located in the front, side, and rear yard. All such stockpiling shall comply with accessory use and structure yard and setback requirements for the applicable zoning district.
(b)
Nonpersonal material including goods, junk, material, or merchandise associated with and generated by an off-site business or nonresidential establishment, but also including junk, waste, discarded or salvaged material, machinery, or equipment, including automobile, truck or other vehicle parts, shall not be permitted.
(2)
On nonresidential use, mixed use, and multifamily dwelling use lots, the outdoor storage and stockpiling of bulk items, including but not limited to goods, material, equipment, merchandise, junk, waste, discarded or salvaged material, machinery, equipment, or automobile, truck or other vehicle parts, shall not be permitted. All related storage must be within a completely enclosed building.
(3)
Outdoor storage and outdoor stockpiling shall not be located in the front, side, and rear yard between the principal building and the public street and the property lines.
D.
In the IND Zoning District:
(1)
All bulk items, materials and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet in height and provided with screening in accordance with Article VII of this chapter relating to buffer and screening regulations, with no less than one-hundred-percent opacity. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
(2)
The outdoor storage and outdoor stockpiling may be located in the front yard between the principal building and the public street, excluding minor access streets, but shall not be located within any required yard or setback.
(3)
In order to prevent dust, erosion, and excessive water flow across streets or abutting property, all areas used for the outdoor storage and stockpiling shall be graded for proper drainage and shall be improved with a durable and dustless surface (e.g., concrete or bituminous concrete unless an alternative material and/or design as part of a readily accepted stormwater BMP in accordance with Chapter 460 relating to stormwater management, Chapter 480 relating to subdivision and land development, or any other construction materials specifications adopted by the Borough), and approved by the Borough Engineer.
(4)
All items and materials stored as part of outdoor storage and stockpiling shall be kept in an orderly fashion to permit access by emergency responders.
E.
Compost. The placement of compost as an accessory use to a residential use of a lot is permitted, subject to all accessory use, building, and structure setbacks of the applicable zoning district. Only waste materials from the residential use of the lot shall be deposited within the compost, and in no case shall meat, or meat by-products, dairy products, or bones be composted. All compost shall be properly maintained so as not to become a nuisance to nearby properties.
§ 550-49 Performance standards for all uses.
In all zoning districts, all uses (as applicable) shall be subject to the following performance standards:
A.
All projects that require the additional use of new facilities or essential services including sewers, storm drains, fire hydrants, potable water, public streets, streetlighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval. No availability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The jurisdiction is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the jurisdiction agrees otherwise. All service extensions shall be designed and installed in full conformance with the jurisdiction's standards for such service, and shall be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.
B.
All uses shall be subject to and comply with the following regulations, where applicable:
(1)
Vibration. Ground vibration inherently and recurrently generated on the lot and detectable without instruments on any adjacent lot shall be prohibited, except that temporary vibration as a result of construction or vehicles which enter or leave the lot (e.g., trucks, trains, airplanes, helicopters, and other similar motor vehicles) shall be permitted. Otherwise, all of the applicable rules and regulations of the Pennsylvania Department of Environmental Protection (DEP) shall be complied with.
(2)
Noise.
(a)
Noise from nonresidential uses which are determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled in accordance with the standards in this section. For purposes of this standard, all nonresidential uses shall comply with Table 550-7-2, Noise Standards:
Table 550-7-2 Noise Standards | ||
|---|---|---|
Land Use or Zoning District Receiving the Noise | Hours/Days | Maximum Sound Level* (dBA) |
At a lot line of any abutting property in the Residential Zoning Districts or existing residential use in the Mixed-Use Zoning Districts | 7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Labor Day, Memorial Day, and the 4th of July | 60 |
9:00 p.m. to 7:00 a.m., plus all day Sunday, Christmas Day, Thanksgiving Day, New Year's Day, Easter Sunday, Labor Day, Memorial Day, and the 4th of July | 52 | |
At any other lot line | All times and days | 70 |
NOTES: | |
* | Or 10 decibels above ambient noise in any one hour, whichever is higher. |
(b)
Noise is measured from the lot line. The ambient sound measurement, known as "A-weighted sound level," is taken where the noise from the nonresidential use cannot be heard, or when the use is not in operation and therefore not producing noise. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken.
(c)
The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:
[1]
Sound needed to alert people of an emergency.
[2]
Repair or installation of utilities or construction of structures, sidewalks, or streets between the hours of 7:00 a.m. and 8:00 p.m., except for clearly emergency repairs which are not restricted by time.
[3]
Household power tools and lawn mowers between the hours of 8:00 a.m. and 9:00 p.m.
[4]
Agricultural activities, including permitted agricultural operations, but not exempting a commercial kennel.
[5]
Public celebrations specifically authorized by the Lemoyne Borough Council or a county, state or federal government agency or body.
[6]
Unamplified human voices or the sound of a single animal.
[7]
Routine ringing of bells and chimes by a place of worship or Borough clock.
[8]
Vehicles operating on a public street, railroads and aircraft.
(3)
Air pollution and airborne emissions. No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property or which can cause spoiling of property. Otherwise, all of the applicable rules and regulations of the DEP shall be complied with.
(4)
Odors. No malodorous gas or matter shall be permitted which is discernible at any and all property lines of the subject property on which the odor source is located.
(5)
Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Fish and Boat Commission, Department of Environmental Protection, and the Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1 et seq., or as amended.
(7)
Glare and heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials more than 5° F. Any operation or activity that produces glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle measured at the property line. Otherwise, all of the applicable rules and regulations of the DEP shall be complied with.
(8)
No use or operation shall be permitted which creates a public nuisance or hazard to adjoining property by reason of fire, explosion, radiation or other similar cause. Additionally, all uses and operations shall comply with the following:
(a)
Electromagnetic interference. In all zoning districts, no use, activity or process shall be conducted which produces electric and/or magnetic fields which adversely affect public health, safety and welfare, including, but not limited to, interference with normal radio, telephone or television reception and/or transmission off the premises where the activity is conducted.
(b)
Fire and explosive hazards. Fire protection and firefighting equipment, procedures and safety protocols acceptable to the Borough of Lemoyne fire standards, National Fire Protection Association, Chapter 200 relating to code enforcement and Chapter 265 relating to fire prevention and fire protection, and other applicable chapters of the Code of the Borough of Lemoyne, shall regulate hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the occupancy of a structure or premises.
(c)
Toxic and hazardous substance storage. Storage of toxic and hazardous substance shall meet the requirements of the Pennsylvania Department of Environmental Protection, Pennsylvania Labor and Industry (L&I), and/or the United States Environmental Protection Agency (USEPA).
(9)
Outdoor lighting. Outdoor lighting is permitted, subject to the following criteria:
(a)
All outdoor lighting fixtures including, but not limited to, those used for parking areas, buildings, building overhangs, canopies, displays and landscaping, shall be full-cutoff-type fixtures.
(b)
Full-cutoff fixtures shall be installed and maintained so that the shielding is effective so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.
(c)
Automobile-oriented uses including, but not limited to, automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle and similar motor vehicle rental/sales, repair/service, washing and/or fuel/gas sales and drive-through facilities shall install recessed ceiling fixtures in any canopy.
[1]
Any canopy over gasoline pumps shall have a maximum distance between the ground level and the underside of the canopy of 20 feet. If the ground level is sloped, or the canopy is sloped to deflect noise and soot away from neighboring properties, then a portion of the canopy may have a greater height, provided that the maximum height is 20 feet at the portion of the canopy that is closest to an adjacent street.
(d)
Where permitted, signs that are wholly illuminated from within and freestanding signs that are externally illuminated with an exposed lamp shall comply with Article VIII of this chapter.
(e)
Light trespass over a nonresidential or mixed-use property line shall be limited to no more than 0.5 footcandle measured at the property line. All on-site lighting of buildings, lawns, and parking areas shall be designed so as not to shine onto any adjacent property or building, or to cause glare onto any public street right-of-way or vehicle thereon.
(f)
Measurement.
[1]
Light levels shall be measured in footcandles with a direct reading portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.
[2]
Measurements shall be taken at the lot line, along a horizontal plane at a height of 3 1/2 feet above the ground.
(g)
All nonessential outdoor lighting fixtures, including parking, sign, display and aesthetic lighting, shall be turned off after business hours. Only lighting needed for safety or security may remain lit after close of business, in which case, the lighting shall be reduced to the minimum level necessary.
(i)
Exemptions.
[1]
Decorative outdoor lighting fixtures with bulbs of less than 25 watts, installed seasonally, are exempt from the requirements of this subsection.
[2]
Overhead streetlighting, warning, emergency, and traffic signals are exempt from the requirements of this subsection.
[3]
Temporary construction or emergency lighting is exempt from the requirements of this subsection. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
[4]
Nothing in this subsection shall apply to lighting required by the FAA or any other federal regulatory authority.
(10)
In order to determine whether a proposed use will conform to the requirements of this section of this chapter, Lemoyne Borough may obtain a qualified consultant's report, whose cost for services shall be borne by the applicant.
§ 550-50 Repair and sale of personal, passenger, or recreational motor vehicles.
A.
Repair of personal, passenger, or recreational motor vehicles. The routine maintenance, repair and servicing of personal, passenger, or recreational motor vehicles, including go-carts and racing vehicles, owned or leased by the owner or occupant of any principal residential uses located in the zoning districts enumerated in Article III, performing such services when performed outside of a building, are permitted by the owner or occupant of the residential use, subject to the following criteria:
(1)
All vehicles shall be maintained with current, valid license plates and inspection stickers (when applicable), and in operable condition.
(2)
All work shall be performed on the vehicle owner's or lessee's property of residence.
(3)
Noise, smoke, dust, liquids, and/or odors emanating from the activities shall not create a public nuisance.
(5)
All by-products or waste fuels, lubricants, chemicals, and other products shall be properly disposed of.
(6)
No vehicle shall be stored in a "jacked-up" position or on blocks for more than 48 consecutive hours in a seven-day period.
(7)
Work can be done in a front yard only if there is no side yard or rear yard.
(8)
All work being completed outside of a completely enclosed building shall not be performed between the hours of 9:00 p.m. to 8:00 a.m.
B.
Sale of personal, passenger, or recreational motor vehicles. The sale of personal, passenger, or recreational motor vehicles are permitted upon residential lots subject to the following criteria:
(1)
Owners and/or occupants of the lot may display a maximum of one personal, passenger, or recreational motor vehicles titled to the landowner or occupant of the building or lot, for sale at any time. Such displays shall be for a maximum of 60 days not more than twice a calendar year. Any associated "for sale" signs shall be considered temporary signs and comply with applicable regulations in Article VIII of this chapter. All such vehicle sale activities shall be in accordance with applicable state regulations.
(2)
Neither of the following shall be sold on residential lots:
(a)
Motor buses, trucks and truck trailers with a registered gross or combination vehicle weight in excess of 11,000 pounds.
(b)
Vehicles not owned or leased by the owner and/or occupants of the lot. Otherwise, it shall be considered commercial automobile and similar motor vehicle sales and must comply with all applicable provisions set forth in this chapter.
§ 550-51 Satellite dish antennas.
In all zoning districts, satellite dish antennas are permitted, subject to the following criteria:
A.
Consideration shall be given to the physical characteristics of the surrounding neighborhood, the property, the location of existing structures, and the feasibility of obtaining reception in the siting of satellite dish antennas.
B.
Satellite dish antennas may be located on accessory structures (e.g., garages or sheds).
D.
Satellite dish antennas attached to a structure shall be sited at least eight feet above adjoining ground level.
E.
Satellite dish antennas should employ colors that tend to mask their appearance and that are appropriate to the colors of structures upon which they are mounted.
F.
All freestanding, detached, ground-mounted and freestanding satellite dish antennas shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
G.
In no case shall satellite dish antennas project into any public right-of-way (including streets, minor access streets, sidewalks, etc.).
H.
I.
Notwithstanding the standards in this section, these standards shall not conflict with or supersede any rule or regulation relating satellite dishes as governed by the Federal Communications Commission under the Federal Telecommunications Act of 1996.
§ 550-52 Swimming pools, private household.
In all zoning districts, private household outdoor swimming pools are permitted, subject to the following criteria:
A.
All swimming pools shall comply with the requirements of Chapter 200 relating to code enforcement.
B.
No swimming pool shall be permitted to be located in the front yard between the principal building and the public street, excluding minor access streets, or within any required front setback.
C.
Swimming pools shall be set back a minimum of five feet from any lot line, and any associated decking must comply with accessory structure and use setbacks for the applicable zoning district.
D.
Water shall not be discharged from a swimming pool directly onto any public right-of-way or within 10 feet of any adjacent property without the applicable owner's consent.
E.
Pools shall not be located over a drainage, utility, or access easement.
F.
All on-site, outdoor lighting shall be designed to prevent glare to adjoining properties by employing hooded, shielded, or screened fixtures that confine glare to the site, and shall comply with all provisions for lighting in Article VII of this chapter relating to performance standards for all uses.
G.
These standards shall not apply to "kiddie" or "wading" pools, or pools designed with pools walls not capable of holding water at a depth of more than 24 inches of water.
§ 550-53 Temporary structures.
In all zoning districts, the following temporary structures are permitted on a temporary basis, subject to the following criteria:
A.
Temporary construction sheds and trailers are permitted on a temporary basis, subject to the following criteria:
(1)
Temporary construction sheds and trailers shall be permitted only during the period that the construction work is in progress. A permit for the temporary structure shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every 180 days.
(2)
Temporary construction sheds and trailers shall be located on the lot on which the construction is progressing and shall not be located within 10 feet of any lot line abutting an existing residential use.
(3)
Temporary construction sheds and trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use.
(4)
A temporary construction shed and trailer may be permitted to be used for use as a temporary sales center for residential lots. The maximum gross floor area of such a temporary sales center shall be 500 square feet.
B.
Temporary, nontraditional storage units, including those commercially known as "PODS" or enclosed "containers" of a box trailer with or without wheels, are permitted on a temporary basis, subject to the following criteria:
(1)
Temporary, nontraditional storage units shall be permitted for a maximum period of 60 consecutive days in any one calendar year. This period may be extended upon written request to the Zoning Officer for a period not exceeding 180 days.
(2)
Temporary, nontraditional storage units shall comply shall comply with the yard and setback requirements for accessory structures in the applicable zoning district.
(3)
No temporary, nontraditional storage unit shall be used for permanent storage.
§ 550-54 Yard and setback exceptions and alterations.
[Amended 2-6-2014 by Ord. No. 720]
In all zoning districts, yard and setback exceptions and alterations are permitted, subject to the following criteria:
A.
Projections into required yards and setbacks.
(1)
Covered and uncovered stoops less than 30 square feet, and related awnings and hand railings, may project into required yards or setbacks not more than five feet.
(2)
Patios, terraces, decks, and other similar uncovered structures, provided the structure elevation shall not be more than three feet above the yard grade, may extend or project into require side or rear yard or setback not more than five feet as long as there is a minimum of five feet remaining between the structure and the lot line. Attached or semidetached single-family dwelling the deck may extend to the common lot line.
(3)
Cornices, eaves, sills, or other similar architectural features (e.g., gutters, bay windows, window awnings, chimneys, or similar structures including solar energy systems) attached to the wall of any building may extend or project into any required yard or setback not more than three feet.
(4)
Exterior stairways, fire escapes, or other required means of egress, ground-mounted doors for basement access, or other similar structures that do not include space usable by persons may extend or project into a side or rear yard or setback of a lot not more than five feet as long as there is a minimum of five feet remaining between the structure and the lot line.
(5)
Covered porches and those porches with enclosed habitable spaces shall be considered as part of the principal building and shall not extend or project into any required yard or setback.
(6)
Exterior walkways, sidewalks, stairs and related hand railings, window wells, and such other structures customarily incidental to the principal or accessory building may extend or project into any required yard or setback of a lot, provided the structure height shall be not more than 12 inches above the yard grade. The maximum structure height shall not apply to related hand railings.
(7)
For all handicapped ramps, landings, and other features necessary to provide entrance and accessibility to a building which project into any required yard or setback, see Chapter 200 relating to code enforcement and the reasonable accommodation provisions set forth in Article XII of the chapter relating to administration.
B.
Yard and setback alterations.
(1)
Front yard and setback. Except as otherwise provided in this chapter, on a lot proposed for development, where the required front setback regulations for the applicable zoning district are greater than the actual distances that the existing buildings on abutting lots are setback from the street right-of-way, the required front yard and setback may be altered to be similar to those distances between existing principal buildings and the street right-of-way on the abutting lots, in accordance with the following standards:
(a)
Identify the existing principal buildings on the lots abutting the lot proposed for development. Calculate the average setback distance between the existing principal buildings and the street rights-of-way line(s) on the abutting lots.
[1]
If an abutting lot is vacant, the required setback of the abutting vacant lot shall be assumed to be the minimum front setback standard regulated in the applicable zoning district.
[2]
For corner lots, this value shall be calculated using each abutting lot, which includes those abutting lots having frontage on and the existing principal buildings oriented toward the intersecting street.
(b)
The front building setback for the building on the lot proposed for development shall be no closer toward, and no farther away from, the street right-of-way than the front building line of existing buildings on abutting lots, unless all buildings on the abutting lots have the same building setback distance.
[1]
Front building facades and/or covered front porches shall be permitted to fulfill this requirement.
(c)
No building shall extend into any street right-of-way.