1.   Establishment of Zones. The Borough of Lewisberry is divided into zones enumerated below and shown on the map entitled “Zoning Map of Lewisberry Borough,” which map is part of this Chapter.

      A.   R   Residential.

      B.   VC   Village Center.

      C.   H   Historic.

      D.   FW, FF, FA   Floodway, Flood Fringe, General Floodplain Area.

   2.   Boundaries of Zones. Where uncertainty exists as to the boundaries of the zones as shown on the Zoning Map, the following rules shall apply:

      A.   Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

      B.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

      C.   Boundaries indicated as approximately following municipality limits shall be construed as following municipality limits.

      D.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

      E.   Boundaries indicated as approximately following the centerlines of streams, rivers or other bodies of water shall be construed to follow such centerlines.

      F.   Boundaries indicated as parallel to or extensions of features indicated in paragraphs .A through .E shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

      G.   Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in circumstances not covered by paragraphs .A through .F, the Zoning Hearing Board shall interpret the district boundaries.

(Ord. 6/6/1988, §301)

   1.   Uses Permitted. The uses permitted in the zones established by this Chapter, and the permitted extent of these uses, are as shown in §§ 27-303 through 27-306. The uses shown as permitted in each zone are the only uses permitted in that zone. Unless otherwise noted, the use or dimensional standards are the requirements for each use. However,

      A.   Additional general provisions are set forth in Part 4.

      B.   Modifications to the use or dimensional requirements are set forth in Part 4.

      C.   Standards for special exception uses are set forth in Part 6.

   2.   All Other Uses. Any use not specifically allowed elsewhere in this Chapter shall be allowed by special exception in the zone or zones where, and to the extent that, similar uses are permitted or allowed by special exception provided that said use meets the requirements for a special exception and does not constitute a public or private nuisance.

   3.   Accessory Uses and Structures. Accessory uses and structures shall be permitted in conjunction with the principal uses permitted by this Chapter and shall be further subject to the requirements for accessory uses and structures as set forth in § 27-401.

   4.   Uses With Nuisance Effect. In no case is a use permitted which by reason of noise, dust, odor, appearance, or other objectionable factor creates a nuisance, hazard, or other substantial adverse effect upon the reasonable enjoyment of the surrounding property.

(Ord. 6/6/1988, §302)

   1.   Purpose. The Residential Zone provides space for day to day living activities. The purpose of this Residential Zone is to provide for the orderly expansion of residential development, to provide for the public health and to prevent the overcrowd ing of land through the application of maximum housing densities, to provide standards which will encourage the installation of public facilities and the preservation of open space; and to exclude any activities not compatible with residential development.

   2.   Uses by Right. The following principal uses are permitted by right in the R zone:

      A.   Single-family dwelling.

      B.   Two-family dwelling.

      C.   Crops.

   3.   Uses by Special Exception. The following principal uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Part 6 of this Chapter:

      A.   Multi-family dwelling.

      B.   Multi-family or two-family conversion.

      C.   Mobile home park.

      D.   Home occupation.

      E.   Bed and breakfast inn.

      F.   Day care home.

      G.   Day care center.

      H.   Domiciliary care home.

      I.   Group home.

      J.   Group quarters.

      K.   Rooming house.

      L.   Convalescent home, nursing home or hospital.

      M.   Personal care boarding home.

      N.   Medical clinic.

      O.   Commercial school or school licensed by the Pennsylvania Department of Education.

      P.   Funeral home.

      Q.   Cemetery.

      R.   House of worship.

      S.   Park or other recreation area of a nonprofit nature.

      T.   Greenhouse, horticultural nursery.

      U.   Public buildings and facilities.

      V.   Public utility building.

      W.   Cluster development.

   4.   Lot Area and Width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

 

 

      A.   Front setback - 25 feet.

      B.   Each side setback - 10 feet. Two-family dwellings shall be considered as one building for this purpose.

      C.   Rear setback - 20 feet.

   6.   Building Height. The height limit for a main building shall be three stories, but not over 35 feet. The height limit for accessory buildings shall be two stories, but not over 25 feet. There shall be no height limitation for farm buildings.

   7.   Lot Coverage. Not more than 30 percent of the lot area may be covered by buildings or structures including accessory buildings.

   8.   Open Area. Not less than 70 percent of the lot area shall be devoted to open area as defined in this Chapter.

   9.   Paved Area. Not more than 15 percent of the lot area may be paved with an impervious surface (examples: driveways, parking areas, walkways).

   10.   Required Utilities. Each principal use shall be provided with public sewer service if it is determined by the Borough Engineer that sewer capacity is available and that it is feasible to have the service extended to serve the principal use.

(Ord. 6/6/1988, §303)

   1.   Purpose. The purpose of the Village Center Zone is to provide reasonable standards for the orderly development and the preservation of residential uses and local commercial services where a nucleus of such uses already exists, and where, due to the character of the area, such a mixture of uses is appropriate and compatible. The standards of this zone are designed to prevent the overcrowding of land by restricting maximum housing densities; to exclude any activities not compatible with the Village Center environment; to provide for the public convenience; to minimize traffic congestion and to otherwise fulfill the purposes and objectives of this Chapter.

   2.   Uses by Right. The following principal uses are permitted by right in the VC zone:

      A.   Single-family dwelling.

      B.   Two-family dwelling.

      C.   Retail store or shop.

      D.   Personal service business.

      E.   Professional or business office.

      F.   Eating establishment.

      G.   Parking lot or parking garage.

      H.   Funeral home.

      I.   Indoor recreational establishment.

      J.   Outdoor and vehicle sales, service, and/or repair.

      K.   Public buildings and facilities.

   3.   Uses by Special Exception. The following principal uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Part 6 of this Chapter:

      A.   Multi-family dwelling.

      B.   Multi-family or two-family conversion.

      C.   Day care home.

      D.   Day care center.

      E.   Personal care boarding home.

      F.   Convalescent home, nursing home or hospital.

      G.   Rooming house.

      H.   Group quarters.

      I.   Medical clinic.

      J.   Home occupation.

      K.   Mini-storage.

      L.   Heavy storage service (examples: warehouse, building material yard).

      M.   Service station or convenience store dispensing fuel.

      N.   Kennel, animal hospital.

      O.   Shopping center or mall.

      P.   Outdoor commercial recreation establishment.

      Q.   Public utility building.

      R.   Research laboratory.

      S.   Laundry and dry-cleaning establishment.

      T.   Vehicle washing facility.

      U.   Adult regulated facility.

      V.   Commercial school or school licensed by the Pennsylvania Department of Education.

      W.   Park and other recreation areas of a nonprofit nature.

      X.   Junkyard, automobile dismantling plant.

      Y.   Light Industry.

         (1)   Manufacturing and storage uses that do not:

            (a)   Cause dust, smoke, fumes, gas or offensive odors to be dissemi nated beyond the boundaries of the lot.

            (b)   Cause vibration beyond the boundaries of the lot.

            (c)   Cause noise exceeding that of street traffic at the front, side and rear lot lines.

            (d)   Cause glare observable from beyond the boundaries of the lot.

         (2)   Permitted light industrial uses include, but are not limited to:

            (a)   Printing and publishing.

            (b)   Soft drink bottling.

            (c)   Packaging products in the form of powder or other dry state.

            (d)   Lace manufacture.

            (e)   Sewing apparel.

            (f)   Assembly of electronic apparatus.

            (g)   Instrument making.

            (h)   Tool and die making.

            (i)   Cabinet making.

            (j)   Electroplating metals.

            (k)   Molding plastics.

   4.   Lot Area and Width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:

 

 

   A.   Front setback - not less than adjacent buildings.

   B.   Each side setback - 5 feet. Two-family dwellings shall be considered as one building for this purpose.

   C.   Rear setback - 20 feet.

   6.   Building Height. The building height limit shall be three stories, but not more than 35 feet. The height limit for an accessory building shall be two stories, but not over 25 feet.

   7.   Lot Coverage. Not more than 60 percent of the lot area shall be devoted to buildings and structures including accessory buildings.

   8.   Open Area. Not less than 40 percent of the lot area shall be devoted to open area as defined in this Chapter.

   9.   Paved Area. Not more than 25 percent of the lot area shall be paved with an impervious surface (examples: driveways, parking areas, walkways).

   10.   Required Utilities. Each principal use shall be provided with public sewer service if it is determined by the Borough Engineer that sewer capacity is available and that it is feasible to have the service extended to serve the principal use.

(Ord. 6/6/1988, §304)

   1.   Purpose. The purpose of this zone is to encourage the preservation of locally important architectural, historical, archaeological, and/or cultural elements of the man- made landscape as a living part of the community. In promoting this and the general purpose of this Chapter the specific intent of this zone is:

      A.   To protect sites of historic and patriotic value.

      B.   To promote responsible design within the Historic Zone.

   2.   Abrogation and Greater Restrictions. This Section is intended to create an overlay district within which all applications for zoning/use permits for either the purpose of alteration or demolition will be directed to the Lewisberry Borough Planning Commission for review and comment, as to the effect of the proposed action on the historic-architectural character of the zone. Notwithstanding, all of the regulations of the underlying zone shall remain in full force and effect. [Ord. 2007-2]

   3.   Permitted Uses. In the Historic Zone (H), the development and/or use of any land will be permitted provided that the development or uses adhere to all the requirements of the underlying zone.

   4.   Approval by the Zoning Officer. In addition to meeting the normal require ments for obtaining a zoning/use permit, all applications for alteration and/or demolition of a building or structure shall be forwarded to Lewisberry Borough Planning Commission so that a meeting between the Commission and the applicant can be arranged. The meeting will deal with (A) building harmony, which is the relationship between the proposed alteration and the texture, size and material of the present structure or building; and (B) structural affect, which is the architectural historic character of the property. [Ord. 2007-2]

   5.   After notification that the above meeting has occurred or after a period not to exceed 30 days after the application has been forwarded by the Zoning Officer to the Lewisberry Borough Planning Commission, whichever comes first, the Zoning Officer may proceed in a manner similar to the rules in effect in the underlying zone to issue the permit. [Ord. 2007-2]

(Ord. 6/6/1988, §305; as amended by Ord. 2007-2, 12/17/2007)

   1.   Purpose. The purpose of this zone is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

      A.   Regulating uses, activities, and development which, acting alone or in combination with other existing or future    uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.

      B.   Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.

      C.   Requiring all those uses, activities, and developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage.

      D.   Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

   2.   Warning and Disclaimer of Liability.

      A.   The degree of flood protection sought by the provisions of this Chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodplain zone, or that land uses permitted within this zone will be free from flooding or flood damages.

      B.   This Chapter shall not create liability on the part of Lewisberry Borough or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

   3.   Establishment of the Floodplain Zones.

      A.   Description of Zones.

         (1)   Basis of Zones. The various floodplain zones shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these zones shall be the Flood Insurance Study prepared by the Susquehanna River Basin Commission for the federal insurance administra tion (FIA) dated November 17, 1982.

            (a)   The Floodway Zone (FW) is delineated for purposes of this Chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than 1 foot at any point. The areas included in this zone are specifically defined in Table 1 of the above referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map.

            (b)   The Flood-Fringe Zone (FF) shall be that area of the 100-year floodplain not included in the Floodway Zone. The basis for the outermost boundary of this zone shall be the 100-year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary and Floodway Map.

            (c)   The General Floodplain Zone (FA) shall be that floodplain area for which no detailed flood profiles or elevations have been provided. Such areas are shown on the Flood Boundary and Floodway Map accompanying the FIS prepared for the FIA. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data such as the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey, Flood Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough.

      B.   Overlay Concept. The aforementioned floodplain zone shall be an overlay to the existing underlying zones as shown on the Official Zoning Map, and as such, the provisions for the floodplain zone shall serve as a supplement to the underlying zone provisions. Where there happens to be any conflict between the provisions or requirements of the floodplain zones and those of any underlying zone, the more restrictive provisions and/or those pertaining to the floodplain zones shall apply. In the event any provision concerning a floodplain zone is declared inapplicable as a result of any legislative or administrative actions of judicial desecration, the basic underlying zone provisions shall remain applicable.

      C.   Inclusion in Zoning Map. The boundaries of the floodplain zones are established as shown on the Flood Boundary and Floodway Map, dated November 17, 1982, prepared by the Susquehanna River Basin Commission for the Federal Insurance Administration. The said map is hereby incorporated into and made a part of the Official Zoning Map of Lewisberry Borough. A copy of said map shall be kept on file at the Borough office and be available for inspection during regular office hours.

      D.   Zone Boundary Changes. The delineation of any of the floodplain zones may be revised by Borough Council where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, or other qualified agency or individual documents the advisability for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA) or its successor agency.

      E.   Interpretation of Zone Boundaries. Initial interpretations of the boundaries of the floodplain zones shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of the zone, the person questioning or contesting the location of the zone boundary shall be given a reasonable opportunity to present his case to the Borough Zoning Hearing Board and to submit his own technical evidence if he so desires. Should the person choose to seek a variance to the zoning regulations to accommodate his development, he must follow the procedures to present his case to the Zoning Hearing Board. Should the person choose to have the zone boundary changed to reflect more accurate flooding data, he must follow the procedures to present his case to Borough Council for a zoning amendment.

   4.   Zone Provisions. All uses, activities, land filling and development occurring within any Floodplain Zone shall be undertaken only in strict compliance with the provisions of this Chapter, the Floodplain Management Ordinance [Chapter 8] and with all other applicable codes and ordinances such as the Borough Zoning/Use Permit Ordinance. [Chapter 5, Part 2] [Ord. 2007-2]

(Ord. 6/6/1988, §306; as amended by Ord. 2007-2, 12/17/2007)