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Lewisberry City Zoning Code

PART 4

General Provisions

§ 27-401. Accessory Uses and Structures.

   1.   Attached Structures. A permanent-roofed accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
   2.   Nonattached Structures. A permanent accessory structure, standing apart from the principal structure, is permitted in rear yards as long as it is 10 feet from the property line. For all other requirements a nonattached structure is considered a part of the principal building.
   3.   Fences and Walls. In any zone no fence or wall (except a retaining wall or a wall of a building permitted under the terms of this Chapter) shall be erected to a height of more than 3 feet in a front yard area and more than 6 feet in any other yard area in any zone. Fences must be located at least 1 foot from the property line. However, fences comprised of vegetative materials must be located at least 3 feet from the property line.
   4.   Satellite Dish Antenna. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit shall be subject to the following constraints:
      A.   Such devices shall not be placed within any required setback area.
      B.   Satellite dish antenna shall be located in a side or rear yard only.
      C.   No ground-mounted dish antenna on any residential lot can exceed an overall diameter of 12 feet or an overall height of 15 feet.
      D.   Only one antenna is permitted per building lot.
(Ord. 6/6/1988, §401)

§ 27-402. Outdoor Swimming Pool Requirements.

   Every outdoor swimming pool must conform to all applicable requirements of State law and in addition must be completely surrounded by a fence or wall not less than 4 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 6 inches in any dimension. An aboveground pool with a wall measuring at least 4 feet in height, above ground on all sides, is not required to have separate fencing. All gates or doors opening through such enclosure shall be equipped with a self- closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Farm ponds shall be excluded from the requirements of this Section. Nonfarm ponds shall meet all fencing requirements.
(Ord. 6/6/1988, §401)

§ 27-403. Setback Modifications.

   1.   Front Setback of Buildings on Built-up Streets. Where at least two adjacent buildings within 100 feet of a property are setback a lesser distance than required, the lesser distance becomes the required minimum front setback for the property.
   2.   Sight Distance.
      A.   Proper sight lines must be maintained at all street intersections. Measured along the centerline of the street, there must be a clear sight triangle with sides as follows:
 
Street
Clear Sight Triangle Side
Major Thoroughfares
150 feet
Minor Streets
75 feet
 
      B.   No building or construction is permitted in this area except as follows:
         (1)   Obstructions or plantings less than 3 feet in height.
         (2)   If not obstructing view of traffic, post columns and trees not exceeding 1 foot in diameter.
   3.   Setback on Corner Lots. In the case of corner lots, two front yards shall be provided (the second of which will exist in lieu of one side yard).
   4.   Accessory or Appurtenant Structures. The setback regulations do not apply to:
      A.   School bus shelters, telephone booths, minor utility structures or open fire escapes.
      B.   Cornices, eaves, chimneys, steps and canopies.
      C.   Articles of ornamentation or decoration.
      D.   Retaining walls.
(Ord. 6/6/1988, §403)

§ 27-404. Height Modifications.

   The height regulations do not apply to the following projections; provided, that the height of any such projection above its base shall not be greater than the shortest distance measured along a horizontal plane from such base to any lot line:
      A.   Structures on buildings such as clock towers, cupolas, water tanks, and other mechanical appurtenances, if such structures, at any level, do not cover more than 25 percent of the roof on which they are located.
      B.   Parapet walls or cornices used solely for ornamental purposes if not in excess of 5 feet in height.
(Ord. 6/6/1988, §404)

§ 27-405. Minimum Habitable Floor Area.

   All dwelling units must conform to the minimum habitable floor area as follows:
      A.   Single-family dwellings - 900 square feet per dwelling unit.
      B.   Two-family dwellings - 600 square feet per dwelling unit.
      C.   Multi-family dwellings - 500 square feet per dwelling unit.
(Ord. 6/6/1988, §405)

§ 27-406. Unenclosed Storage.

   1.   Recreational Vehicles, Trailers, Trucks and Boats. In any zone unregistered vehicles, recreational vehicles and trailers, and trucks with a vehicle rating over 1 ton shall not be stored for a period in excess of 3 days in the area between the street line and the line formed by the front wall of the principal building extended the full width of the lot. On-street parking of unregistered vehicles, recreational vehicles and trailers, and trucks with a vehicle rating over ¾ ton is prohibited.
   2.   Outdoor Stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash shall be permitted in front, side, or rear yards. The provisions of this Section shall not prohibit the storage of fuel for heating purposes, such as wood or coal. [Ord. 2005-1]
   3.   Refuse. See Borough Refuse Ordinance [Chapter 20, Part 1].
(Ord. 6/6/1988, §406; as amended by Ord. 2005-1, 11/17/2005, §2)

§ 27-407. Sale of Agricultural Products.

   The sale at retail of agricultural products is permitted in any zone on the property where they were produced.
(Ord. 6/6/1988, §407)

§ 27-408. Outdoor Signs.

   1.   Signs Permitted and Extent-of-Use.
      A.   Drive-in Business. For a drive-in business, business signs are permitted as long as their number does not exceed two per street frontage and their combined area does not exceed 30 square feet per street frontage.
      B.   Other Uses. For other uses, one sign is permitted on each street frontage of a lot for each occupancy or purpose and an additional sign for each occupancy or purpose is permitted for every 200 feet of street frontage or major fraction thereof all in accordance with paragraph .E. However, for business signs, any number of signs are permitted as long as their total area does not exceed the maximum under paragraph .E.
      C.   All Uses. For all uses, an advertising and a business sign must be at least 60 feet apart, and no sign exceeding 30 square feet in area may be located within 75 feet of the Residential Zone.
      D.   Determination of Size. The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments. In the case of open signs made up of letters, figures and designs the space between such letters, figures and designs shall be included. A back-to-back sign may be erected. In that event, size of the sign shall be determined based on the dimensions of one sign face, not both faces.
      E.   Type, Location and Size of Sign.
Type of Sign
Where Permitted
Maximum Size
Type of Sign
Where Permitted
Maximum Size
Traffic
any zone
Home occupation or home profession
any zone
2 sq. ft.
Trespassing
any zone
2 sq. ft.
Utility
any zone
2 sq. ft.
For sale, for rent, sold and rented
any zone
6 sq. ft.
Work sign of builders, painters and other artisans per forming work on the premises
any zone
6 sq. ft.
Directional
any zone
6 sq. ft.
Identification and information of churches, schools, and other nonprofit institutions
any zone
20 sq. ft.
Apartment development, Sub- division
Where use is permit ted
20 sq. ft.
Temporary sign for sale of agricultural and horticultural products and for construction projects
any zone
12 sq. ft.
Business
VC zone
30 sq. ft.
Advertising
VC zone
300 sq. ft.
Shopping center
VC zone
100 sq. ft.
 
   2.   Setback of Signs.
      A.   Attached Signs. No portion of an attached sign may extend beyond the building setback line.
      B.   Free-Standing Signs. No portion of a free-standing sign may be closer to a street right-of-way line than 15 feet, except for a sign less than 3 feet in height.
   3.   Projection of Signs. No sign may project:
      A.   Over a public sidewalk area.
      B.   Over a public highway or street unless specifically authorized by other Borough or State regulations.
      C.   Above the roof of a building.
   4.   Illumination of Signs.
      A.   Flashing intermittent and rotating lights are permitted by special exception only in the Village Center Zone.
      B.   A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any adjacent residence, or so it does not obstruct the vision of motorists.
      C.   Signs which are illuminated in the colors red, green, or amber, either by colored bulbs or tubing, or in high reflection by the use of special preparations such as fluorescent paint or glass, may not be located within a radius of 200 feet of a highway traffic light or similar safety device or from the center of any street intersection.
   5.   Buntings and Pennants. Buntings and pennants are permitted only to announce the opening of a new business or industry, or in connection with a civic event, and must be removed within 7 days after the event.
   6.   Temporary Signs.
      A.   A temporary sign for sale of agricultural and horticultural products may be erected for a period not exceeding 60 days.
      B.   A temporary sign for a construction project may be erected and maintained for as long as the project is under construction.
      C.   A temporary sign such as those advertising activities of churches and nonprofit organizations may be erected for a period not exceeding 60 days.
   7.   Portable Signs. Portable signs shall be permitted in the Residential Zone only when associated with a nonprofit organization, and in the Village Center Zone. Portable signs are subject to the following requirements:
      A.   A sign permit must be obtained from the Borough Zoning Officer.
      B.   The sign shall not be located on the lot for more than 30 days within a 90- day period.
      C.   Only one portable sign shall be permitted per lot.
      D.   The sign may be illuminated only by indirect lighting.
      E.   The maximum size permitted shall be 30 square feet.
      F.   The placement of such a sign shall not interfere with traffic or with sight distance at street intersections and accesses to public rights-of-way.
   8.   Construction and Maintenance. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.
   9.   Termination of Enterprise. Upon termination or abandonment of a commercial or industrial use, all signs pertaining to the enterprise must be removed.
(Ord. 6/6/1988, §408)

§ 27-409. Parking.

   1.   Size of Parking Space. The parking space must have an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant to the space and giving access to it. Where five or more parking spaces are required, the total parking area including passageways and driveways must average 300 square feet per required parking space.
   2.   Spaces Required. Off-street parking spaces must be provided for each building erected or enlarged in accordance with the following schedule:
Type of Use
Minimum of One
Parking Space for Each
Type of Use
Minimum of One
Parking Space for Each
Residential Dwelling
One-half dwelling unit (i.e., 2 spaces per dwelling unit)
Rooming House and Bed and Breakfast Inn [Ord. 2014-2]
Guest room
Hotel, Motel, Tourist Home
Guest sleeping room
Office Building
300 sq. ft. of gross floor area
Retail Store or Shop
200 sq. ft. of gross floor area
Eating Establishments
4 seats
Bowling Alley
One-half lane (i.e., two spaces per lane)
Other Recreational Establishments
100 sq. ft. of gross floor area
Automobile Repair, Service Station
400 sq. ft. of gross floor area and ground area devoted to repair and service facilities
Commercial School or School Licensed by Pennsylvania Department of Education
Staff person plus one for each five students to be served by the facility.
Other Commercial Buildings
400 sq. ft. of gross floor area
Hospital, Sanitarium
One-half bed (i.e., two spaces per bed)
Auditorium, Church, Theater and Other such Places of Public Assembly
Two seats.
Industrial and Heavy Commercial Establish ments
Two employees on major shift but at least one space for each 5,000 sq. ft. of gross floor area
Funeral Home
100 sq. ft. of gross floor area.
Clubs, Lodges and Other Similar Places
100 sq. ft. of gross floor area
 
   3.   Location. The parking area must be on the same or nearby premises. If on nearby premises:
      A.   The nearest point of the parking lot shall be not further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use, and 300 feet in the case of an industrial use.
      B.   The parking area must remain under control of the owner or operator of the use to which the parking area is appurtenant.
   4.   Layout. Parking areas must be arranged so there will be no need for motorists to back over.
      A.   Local streets, except in the case of residential uses.
      B.   Major thoroughfares.
   5.   Parking Area Adjacent to Street. For multi-family and nonresidential uses, where a parking area or other area open to movement of vehicles abuts the right-of-way of a public street, a pipe railing, post and chain barricade, raised curbs or equally effective devices satisfactory to the Borough must line the public right-of-way except at access points so that parked vehicles will not extend into the street right-of-way.
   6.   Paving. For commercial, industrial and multi-family residential uses, all required parking areas and driveways must be paved with concrete or bituminous paving material.
(Ord. 6/6/1988, §409; as amended by Ord. 2014-2, 8/4/2014, §4)

§ 27-410. Loading.

   1.   Size; Surfacing. The loading space must be not less than 12 feet wide and 25 feet long. It must be surfaced with a bituminous or concrete paving material.
   2.   Spaces Required. Off-street loading spaces must be provided for each building erected or enlarged in accordance with the following schedule:
 
Type of Use
Number of Loading Spaces
Manufacturing, storage, display or sale of goods, hospitals and sanitariums
One space for a gross floor area of 5,000 to 25,000 space feet and one additional space for each 10,000 square feet of gross floor area in excess of 25,000 square feet.
Offices, hotels, theaters or similar uses
One space for a gross floor area of from 20,000 to 100,000 square feet and one addi tional space for each 40,000 square feet of gross floor area in excess of 100,000 square feet.
 
   3.   Layout. The loading area must be arranged so that there will be no need for motorists to back over public rights-of-way and must not be located in the front yard area.
(Ord. 6/6/1988, §410)

§ 27-411. Driveways.

   1.   Width. Within 10 feet of the street right-of-way, driveways may not exceed 35 feet in width.
   2.   Number. The number of driveways may not exceed two per lot on any one street frontage. The Zoning Hearing Board may grant permission by special exception for additional driveways where required to meet exceptional circumstances and where frontage of unusual length exists.
   3.   Location. Driveways may not enter a public street:
      A.   Within 40 feet of the street right-of-way line of an intersecting street.
      B.   Within 5 feet of a fire hydrant.
      C.   Within 25 feet of another access drive on the same property.
   4.   Paving. All driveways must be surfaced with a bituminous or concrete paving material.
   5.   Sight Distances; Slopes; Cuts. A driveway must be located in safe relationship to sight distance and barriers to vision. The drive may not exceed a slope of 5 percent within 25 feet of the street right-of-way line. Where a drive enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 50 percent in slope within 25 feet of the point at which the drive intersects the street right-of-way. The height of the bank must not exceed 3 feet within 10 feet of the street right-of-way line.
(Ord. 6/6/1988, §411)

§ 27-412. Screens and Buffers.

   Where an industrial or commercial use is proposed in the VC zone and it abuts a Residential Zone, except for street or alley frontage:
      A.   A fence, screen or buffer planting acceptable to the Borough is required to be erected in the Village Center Zone to screen from view (in the Residential Zone) the industrial or commercial use.
      B.   The space along the side lot line in the Village Center Zone abutting a Residential Zone for 20 feet in depth may not be used for commercial or industrial operations. This area must be suitably landscaped and maintained.
(Ord. 6/6/1988, §412)

§ 27-413. Drainage.

   1.   Lot Drainage. Lots shall be laid out and graded to provide positive drainage away from new and existing buildings and on-site sewage disposal facilities.
   2.   Nearby Existing Facilities. Where adequate existing storm sewers are readily accessible, the developer must connect his storm water facilities to these existing storm sewers.
   3.   Open Drainageways. When open drainageways are used for the disposal of stormwater, the Borough Engineer shall review the design of such open drainageways in relation to the following:
      A.   Safety. Steep banks and deep pools shall be avoided.
      B.   Erosion. Adequate measures shall be taken, such as seeding; sodding, paving, or other measures as necessary to prevent the erosion of banks and the scouring of the channel.
      C.   Stagnation. Design of open drainageways shall not create stagnant pools or swampy areas.
      D.   Approval. Drainage structures for areas of more than ½ mile square shall be subject to approval by the Pennsylvania Department of Environmental Protection. [Ord. 2007-2]
   4.   Drainage Upon Adjacent Properties. In the design of storm drainage facilities, special consideration. must be given to preventing excess runoff onto adjacent properties.
   5.   Drainage Upon Streets. In order to prevent improper surface water drainage upon streets, each building erected, structurally, altered, or relocated, and its driveways, must be at a grade in satisfactory relationship:
      A.   With the established street grade.
      B.   With the existing street grade where none is established.
   6.   Obstruction to Drainage Prohibited. The damming, filling or otherwise interfering with the natural flow of a surface watercourse is not permitted without approval of the Borough Council and the Pennsylvania Department of Environmental Protection. [Ord. 2007-2]
(Ord. 6/6/1988, §413; as amended by Ord. 2007-2, 12/17/2007)

§ 27-414. Illumination.

   Where a use involves exterior lighting, the lighting must be so located and shielded that no objectionable illumination or glare is cast upon adjoining properties.
(Ord. 6/6/1988, §414)

§ 27-415. Demolition.

   Demolition of any structure must be completed within 3 months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is completed as required in the previous sentence. All evidences of the structure which was demolished must be removed from the exterior surfaces of the remaining building.
(Ord. 6/6/1988, §415)

§ 27-416. Buildings Under Construction.

   If the construction is completed by 1 year after the effective date of this Chapter, a building, the foundation of which was completed before the effective date, may be constructed without being bound by the requirements of this Chapter. In like manner, a building, the foundation of which was completed before an amendment, may be constructed if the construction is completed within 1 year after the amendment.
(Ord. 6/6/1988, §416)

§ 27-417. Division of Built-On Lots.

   No lot may be formed from part of a lot occupied by a building unless each newly- created lot will meet all the applicable provisions of this Chapter.
(Ord. 6/6/1988, §417)

§ 27-418. Lots of Record.

   On a lot held in single and separate ownership on the effective date of this Chapter, or any amendment thereto, which does not fulfill the regulations for the minimum lot area and/or lot width for the zone in which it is located, a building may be erected, altered and used and the lot may be used for a conforming (permitted) use providing the setback requirements are not less than the minimum specified herein for the zone in which the lot is located.
(Ord. 6/6/1988, §418)

§ 27-419. Nonconformities.

   1.   Continuance.
      A.   Except as otherwise provided in this Section and § 27-627, the lawful use of land or buildings existing at the date of the adoption of this Chapter may be continued, although such use of land or building does not conform to the use regulations specified by this Chapter for the zone in which such land or building is located.
      B.   Except as otherwise provided in this Section and § 27-627, any dimensional nonconformities existing at the date of the adoption of this Chapter may be continued.
   2.   Replacement.
      A.   A nonconforming use may be replaced only by a conforming use.
      B.   A dimensional nonconformity may be replaced only in conformance with the provisions of this Chapter.
   3.   Restoration. If any nonconformity is destroyed in part or in whole by reason of windstorm, fire, explosion, or other acts of God or a public enemy, the nonconformity may be rebuilt, restored or repaired to the extent of the nonconformity prior to destruction. Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe.
   4.   Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of 1 year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this Chapter.
   5.   Reversion. No nonconformity shall, if once changed to conform to the regulations of this Chapter, be changed back again to a nonconformity.
   6.   Zone Changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.
   7.   Identification and Registration. Nonconforming uses and nonconforming structures shall be identified and registered by the Zoning Officer.
(Ord. 6/6/1988, §419)