Mechanicsburg City Zoning Code
PART 4
ZONING DISTRICT REGULATIONS
§ 27-401 Establishment of Zoning Districts.
§ 27-402 Zoning District Purposes.
[Ord. 1112, 1/19/2010]
In order to maintain the Borough's established historic integrity within all zoning districts, all proposed development — whether new, infill, replacement or redevelopment — shall seek to promote compatible building orientation, building form, parking massing location, and pedestrian connectivity. The purpose of each zoning district is outlined below:
A.
Residential District Low-Density (R-L): to protect the character of existing larger-lot, single-family neighborhoods, to promote a suitable environment for family life and to accommodate additional single-family residential development at a similar form, scale and density.
B.
Residential District Medium-Density (R-M): to accommodate a variety of housing types, including single-family and lower-intensity multifamily dwellings, at a similar form, scale and density.
C.
Residential District High-Density (R-H): to accommodate a full range of diverse housing types, including higher-intensity multifamily dwellings, at a similar form, scale and density.
D.
Commercial Market/Main District (CMM): to enhance the character and vibrancy of the community's business core through unifying land use patterns, including mixed-use development, reducing automobile dependency for local residents as well as strengthening economic development geared toward families and individuals within the community and throughout the region at a similar form, scale and density.
E.
Old Town District (OT): to provide for a complementary mix of higher-intensity residential and neighborhood-scale business-oriented uses which promotes continuation of the Borough's general historic settlement patterns in proximity to the community's business core at a similar form, scale and density.
F.
Commercial General District (C-G): to provide for a variety of nonresidential uses, inclusive of local and regional-oriented office and retail uses, which are generally geared toward vehicular-oriented audiences.
G.
Industrial District (I): to encourage the development and redevelopment of manufacturing or similar industrial-oriented uses.
H.
Traditional Neighborhood Development (TND) District:
(1)
To provide for the development of a traditional neighborhood with a diversity of uses, block sizes, dwelling types, street types, and open spaces in a compact layout which encourages walkability and community identity.
(2)
To encourage innovations in residential and nonresidential development so the growing demand for housing and other development may be met by a compact, pedestrian-oriented and mixed-use structure in the neighborhood pattern; integration with existing development patterns; and the conservation and creative, efficient use of open space.
(3)
To encourage new development which draws from and extends the historic pattern and character of Mechanicsburg.
(4)
To reduce public cost by efficient use of infrastructure.
(5)
To provide public safety through street design focused on slower traffic speeds, pedestrian comfort, and safe pedestrian and bicycle traffic within the development.
(6)
To foster community and civic life by creating attractive streetscapes and public gathering places which create opportunities for random encounters and organized gatherings.
(7)
To integrate streets, pedestrian walkways and interconnected open space with adjacent neighborhoods.
(8)
To promote the implementation of, and be consistent with, the Borough and County Comprehensive Plans and innovative land use techniques presently under consideration for the Borough's new Comprehensive Plan.
(9)
To provide recreational facilities in accordance with the goals of the Borough's Recreational Plan.
(10)
To enhance and support property values within existing residential and nonresidential properties in the Borough.
(12)
To recognize the TND District as an outgrowth and/or extension of existing development by constituting it as a base zoning district, rather than an overlay district.
§ 27-403 Zoning District Boundaries.
[Ord. 1112, 1/19/2010]
The boundaries between zoning districts are, unless otherwise indicated, either the center lines of streets, alleys, rights-of-way, lot lines, or such lines extended, or lines parallel thereto. The vacation of streets, roads or rights-of-way shall not affect the location of such zoning district boundaries. When the Zoning Officer is unable to determine the location of a zoning district boundary by such center lines, by the scale or dimensions stated on the Official Zoning Map or by the fact that it clearly coincides with a property line, the Zoning Officer shall refuse action and submit the requested review to the Zoning Hearing Board.
§ 27-404 Permitted Uses, Conditional Uses and Uses by Special Exception.
[Ord. 1112, 1/19/2010]
A.
No building, structure or lot shall be constructed, improved or used for any purpose or in any manner other than for principal, accessory, conditional or special exception uses permitted in the zoning district in which such building, structure or lot is located. Unless otherwise permitted by this chapter, a lot within a residential district of the Borough shall contain a maximum of one said use.
B.
In addition to the basic zoning requirements defined by this Part 4 of this chapter, all uses by special exception shall conform to all applicable requirements and provisions defined by Part 6 of this chapter. All conditional uses shall conform to all applicable requirements and provisions defined by Part 7 of this chapter.
C.
To promote the continuing retention of the Borough's historic form and character as well as to encourage sustainable development and resource conservation, a landowner and/or developer is encouraged to demonstrate the following as part of any proposed land use activity and/or lot improvement:
(1)
Feasibility of adaptive reuse.
(2)
Consistency with principles of sustainability and/or of the United States' Green Building Council's Leadership in Energy and Environmental Design (LEED) for existing buildings, new construction, neighborhood development and/or other types of development. Development bonuses associated with the forwarding of these principles are outlined in Part 11.
§ 27-405 Authorized Land Uses.
[Ord. 1112, 1/19/2010]
No building, structure or land within any zoning district may be used, and no building or structure may be erected, constructed, reconstructed or altered, on or after the effective date of this chapter unless intended or designed to be used for any of the uses enumerated in Table 2 of this chapter.[1]
A.
The letter "P" denotes a permitted use by right, subject to the requirements specified by this chapter and after a zoning certificate has been issued in accordance with this chapter.
B.
The letter "C" denotes a use that is conditional, subject to the requirements specified by this chapter and provided that the Borough Council grants the conditional use pursuant to Part 7 of this chapter.
C.
The letter "S" denotes a use that is a special exception, subject to the requirements specified by this chapter and provided that the Zoning Hearing Board grants the special exception pursuant to Part 6 of this chapter.
D.
The Borough recognizes the nature of mixed-use development and infill opportunities as well as the historical patterns of building construction and block and lot layout. In the OT and CMM Zoning Districts, the following table outlines the permitted maximum square footage in which an accessory use shall be permitted to utilize and/or expand a principal use, so long as the principal use is a conforming use. An accessory use is a use incidental to the principal use of the principal building located on the same lot.
Table 1: Accessory Use Expansion | |
|---|---|
Existing Building (square feet) | New Use or Addition |
2,000 | 35% of existing |
3,000 | 32% of existing |
4,000 | 29% of existing |
5,000 | 26% of existing |
6,000 | 23% of existing |
7,000 | 20% of existing |
8,000 | 18% of existing |
9,000 | 15% of existing |
10,000+ | 12% of existing |
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
§ 27-406 TND General Provisions.
[Ord. 1112, 1/19/2010]
A.
General.
(1)
When in conflict with other provisions of this chapter or Chapter 22, Subdivision and Land Development, of the Mechanicsburg Borough Code, this section shall take precedence in this zoning district.
(2)
Chapter 22, Subdivision and Land Development, shall govern the procedures respecting applications, hearings and preliminary and final approvals of traditional neighborhood developments within the TND District.
(3)
Development within the TND District shall be composed of three subareas; Neighborhood Edge, Neighborhood General, and Mixed Center. Standards for each are given below in § 27-407. Uses permitted on tracts or lots within the respective subareas shall be controlled by deed restrictions to ensure the appropriate percentages of uses are achieved. All deed restrictions shall be subject to the approval of the Borough Solicitor to ensure compliance with these provisions.
(4)
A manual of project graphic and architectural guidelines shall be included as part of the declaration of covenants, easements, and restrictions submission package for review and approval by the Borough Solicitor and Borough Council.
(5)
Innovations and modifications. In order to encourage innovations in the development of a traditional neighborhood, a greater variety may be needed in the type, design, and layout of buildings, structures, and open spaces. Such innovations may require increased flexibility of regulations, and the modification of standards (as per Sections 701-A, and 706-A of Article VII-A, TND Traditional Neighborhood Development, of the Pennsylvania Municipalities Planning Code, Act 247, as amended[1]). Borough Council may modify the provisions of this § 27-406 and related zoning chapter, if Borough Council determines, through a conditional use process in accordance with the standards and criteria of § 27-701, that:
[Added by Ord. 1139, 7/15/2014]
(a)
The proposed uses are limited to those allowed in the TND District, as set forth in Table 2, Authorized Land Uses;[2]
[2]
Editor's Note: Table 2, Authorized Land Uses, is included as an attachment to this chapter.
(b)
Such innovations and modifications will not result in an increase in the residential development density above 5 1/2 dwelling units per acre, as set forth in § 27-406D;
(c)
Such innovations and modifications will not result in substantially adverse impacts to the public health, safety and welfare of the Borough; and
(d)
Such innovations and modifications will create equal or better, and more desirable and acceptable results such as pedestrian connectivity, informal play areas, passive open space areas, and best management practices for stormwater management.
[1]
Editor's Note: See 53 P.S. §§ 10701-A and 10706-A, respectively.
B.
Design elements. Traditional neighborhood development promotes a compact, integrated, and sustainable development pattern by including, but not limited to, the following design elements:
(1)
Neighborhood centers incorporating centrally located public commons, squares, plazas or parks, which may or may not include civic or other public buildings and facilities, intended for social activity, recreation and community functions.
[Amended by Ord. 1139, 7/15/2014]
(2)
Mixed uses.
(3)
Multiple building types to provide a range of housing types, shops and workplaces.
[Amended by Ord. 1139, 7/15/2014]
(4)
Open spaces.
(5)
Interconnected street system.
(6)
Parking.
(7)
Lanes.
(8)
Shallow setbacks.
(9)
Porches.
(10)
Sidewalks and paths.
(11)
Shade trees and public amenities.
(12)
Recreation areas.
C.
Uses and lot standards.
(1)
Permitted uses: See Table 2.[3]
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
(2)
Accessory uses:
(a)
Uses customarily incidental and subordinate to the principal use of the main building and located on the same lot with such principal use or main building, including but not limited to no-impact home-based businesses and home occupations.
(3)
Uses not permitted include:
(a)
Adult facilities.
(b)
Art galleries and art museums.
(c)
Drive-in uses.
(d)
Automobile and other conveyance service stations and garages.
(e)
Any larger single commercial or retail establishment employing more than 30 persons during any shift or comprising a gross square footage of more than 15,000 square feet.
[Amended by Ord. 1139, 7/15/2014]
(f)
Any others designated as such in Table 2.
(4)
Lot standards. Lots shall conform to the following table:
[Amended by Ord. 1138, 6/17/2014; and by Ord. 1139, 7/15/2014]
Table 3: TND Dimension Standards | ||||||
|---|---|---|---|---|---|---|
Single-Family Detached | Single-Family Semidetached | Single-Family Attached | Multi-Family Dwelling/ Apartment | Commercial | ||
Min. Lot Size (sq. ft.) | 4,500 | 3,000 | 1,900 | N/A | 2,000 | |
Lot Width | Min. 45' | Min. 30' | Min. 18' | Min. 20' | Min. 20' | |
Front Setback | ||||||
Min. | 10' | 10' | 0 | 0 | 0 | |
Max. | N/A | N/A | 10' | N/A | 10' *Maximum front setback not required along arterial roads | |
Side Setback | ||||||
Min. | 3' one side 10' total, 10' between bldgs. | 0 (5' end unit) | 0 (5' end unit) | 0 | 0 | |
Min. Rear Setback | ||||||
Dwelling | 15' | 15' | 7' | n/a | n/a | |
Outbuilding | 5' | 5' | 5' | n/a | n/a | |
Max. Building Height (feet) | 40' | 40' | 50' | 50' | 50' | |
Min. Parking Spaces | 2/du | 2/du | 2/du | 2/du | See § 27-408C(2) | |
Max. Coverage | 70% | 70% | 90% | 100% | 100% | |
D.
Mix and intensity. The overall density shall not exceed 5 1/2 dwelling units per acre of the original size of the TND. Apartments located in accessory structures or above commercial space in the Mixed Center component shall count toward this as one dwelling unit.
E.
Open space. In designing and maintaining open space, the following standards shall be followed:
(1)
Open space shall make up at least 30% of the gross tract area and be arranged to ensure that no residential dwelling is more than 1,000 feet from some type of usable open space, as listed in Subsection E(2)(a) through (c) below. Linkages between the various open spaces, by way of trails and linear parks, are encouraged.
(2)
Open space shall be included in the following four patterns:
(a)
Preserved natural areas, including floodplains and significant tree stands. Such floodplains shall include active and passive recreational amenities such as ball fields and hiking trails.
(b)
Active and passive recreational amenities.
[Amended by Ord. 1139, 7/15/2014]
(c)
Formal parks, plazas, greens, and pocket parks. A main plaza or square shall be located in a prominent location, to act as a gathering place and focus of community activity.
[Amended by Ord. 1139, 7/15/2014]
(d)
Vegetative landscaped amenity areas such as islands in avenues and planting strips, when in excess of 500 square feet.
(3)
Fifty percent of the stormwater management areas may be designated as open space, provided that they include best management practices (BMPs), are well-landscaped, creatively designed, and are incorporated integrally in the overall design. For the purposes of this section, "stormwater management areas" shall be defined as the area contained within centralized detention or retention rate control facilities subject to inundation by the one-hundred-year storm event, not including localized BMPs intended for maintenance of water quality.
[Amended by Ord. 1139, 7/15/2014]
(4)
Open space shall be owned and maintained in a form acceptable to the Borough Council and as reviewed by the Borough Engineer and Borough Solicitor. Unless dedicated to the Borough, all open space areas shall be subject to a homeowners' association and managed by an independent professional management company.
F.
Other.
(1)
Utility lines shall be placed underground; to the extent possible, they shall be located within the right-of-way of lanes, particularly wiring and cable lines. Transformers, meters, and utility boxes shall be placed along lanes or to the rear of buildings to the greatest extent possible. If these items are above ground, they will be screened and buffered.
[Amended by Ord. 1139, 7/15/2014]
(2)
Impervious coverage shall not exceed 45% of the gross site area of the original tract.
[Amended by Ord. 1138, 6/17/2014; and by Ord. 1139, 7/15/2014]
(3)
Trash collection shall generally occur to the rear of lots and in lanes. The integrated design of trash storage receptacles is encouraged.
(4)
No two driveways serving residential dwellings shall be closer to one another than four feet, unless shared by no more than two lots. The maximum driveway width at a lot line shall be 24 feet for single-family detached dwellings in the TND Zone.
[Added by Ord. 1139, 7/15/2014]
§ 27-407 TND Subareas.
[Ord. 1112, 1/19/2010]
Development within the TND Zone shall be composed of three subareas: Neighborhood Edge, Neighborhood General, and Mixed Center. Standards for each are given below.
A.
Neighborhood Edge. Neighborhood Edge is the most informal, least dense and most purely residential subarea of the TND. It consists primarily of single-family detached dwellings. Buildings are set on relatively large lots with deeper setbacks than found in other areas of the TND. Building frontages may include porches, fences and terraces. Rear lanes are required for lots less than 50 feet in width; where the lots are wider, parking may be accessed by a front driveway. The Neighborhood Edge shall be provided where there is a common property line between the TND Zone and existing Low-Density Residential Zoning, not separated by a road or street. The Neighborhood Edge shall have a buffer yard of a minimum depth of 25 feet along any common property line between the TND and existing Low-Density Residential Zone not separated by a road or street, and it shall be planted and maintained with screen plantings in accordance with § 27-414. The minimum rear yard setback shall be 15 feet, in addition to the required buffer yard depth, from the edge of the required buffer yard. The Neighborhood Edge is subject to the following requirements and options:
[Amended by Ord. 1139, 7/15/2014]
(1)
Area. The Neighborhood Edge Subarea shall comprise 25% to 35% of the gross acreage of a TND.
(2)
Uses: residential, in the form of single-family detached; with no-impact home-based businesses and home occupations.
(3)
Lots. Each block may include a variety of lot widths. Lot depth shall generally be uniform.
(a)
Up to 5% of lots may front directly onto open space without having direct street frontage. Front access shall be provided by a pedestrian sidewalk of at least six feet in width which connects to the closest street.
(b)
Fences of up to three feet in height and in conformance with the project graphic and architectural guidelines submitted with a development plan are permissible along the front lot line. Such fence shall be set back one foot from the sidewalk.
(c)
Where there is a common property line between the TND and existing low-density residential zoning, not separated by a road or street, the minimum lot width shall be 75 feet, and the minimum lot area shall be 8,000 square feet, including the buffer yard as required in § 27-415.
(d)
Open space. The Neighborhood Edge shall be arranged to ensure that no residential dwelling is more than 1,000 feet from some type of usable open space, as listed in § 27-406E.
(e)
Outbuildings. One outbuilding is allowed per residential lot.
(f)
Lanes. All lots less than 50 feet in width shall be provided with rear access via a lane. Lanes are prohibited where there is a common property line between the TND Zone and existing Low-Density Residential zoning.
(g)
Garages. Attached front-loaded garages shall be set back at least seven feet from the front building face.
B.
Neighborhood General. A mixed but primarily residential area of the TND, this subarea shall consist of single-family detached dwellings, and single-family attached dwellings and civic buildings. Public parks and greens are scattered throughout. The Neighborhood General Subarea is subject to the following requirements and options:
[Amended by Ord. 1131, 12/18/2012; by Ord. 1138, 6/17/2014; and by Ord. 1139, 7/15/2014]
(1)
Area. The Neighborhood General Subarea shall comprise 25% to 40% of the gross tract area of the TND.
(2)
Uses. Residential, in any form including no-impact home-based businesses and home occupation and civic.
(3)
Lots. Each block may include a variety of lot widths. Lot depth shall generally be uniform; however, it may be reduced to a minimum of 80 feet for single-family attached buildings.
(a)
Up to 10% of lots may front directly onto open space without having direct street frontage. Front access shall be provided by a pedestrian sidewalk of at least six feet in width which connects to the closest street.
(b)
Fences of up to three feet in height and in conformance with the project graphic and architectural guidelines submitted with a development plan are permissible along the front lot line. Such fence shall be set back one foot from the sidewalk.
(4)
Buildings. Single-family detached dwellings and single-family attached dwellings are permitted. Each building type shall comprise at least 10% of the total number of residential units in the subarea. An open porch may encroach by up to 50% of the front setback, but shall not impede the sight distance.
(5)
Open space. The Neighborhood General Subarea shall be arranged to ensure that no residential dwelling is more than 1,000 feet from some type of usable open space, as listed in § 27-406E.
(6)
Outbuildings. One outbuilding is allowed per residential lot.
(7)
Lanes. All lots less than 40 feet in width shall be provided with rear access via a lane.
(8)
Garages. Attached front-loaded garages shall be set back at least seven feet from the front building face.
C.
Mixed Center. The most concentrated and fully mixed center of the community includes single-family attached dwellings (including live/work units) and/or apartment buildings; offices and apartments above retail shops; and/or commercial, and/or civic buildings. Parking lots, except where there is a compelling reason to the contrary, should be located either behind or to the side of buildings and, in most cases, should be located toward the center of blocks such that only their access is visible from adjacent streets. First-floor retail is allowed throughout. Open space is comprised of formal squares and plazas. Development in the Mixed Center is subject to the following requirements and options:
[Amended by Ord. 1131, 12/18/2012; by Ord. 1138, 6/17/2014; and by Ord. 1139, 7/15/2014]
(1)
Area. The Mixed Center Subarea shall comprise 5% to 10% of the gross tract area of the TND.
(2)
Uses: residential, in the form of single-family attached buildings and apartment buildings; no-impact home-based businesses and home occupations; offices and apartments over retail shops; and commercial and civic buildings.
(3)
Lots. Lot depth shall generally be uniform.
(a)
Front setbacks may be used for outdoor dining.
(b)
Fences of up to three feet in height and in conformance with the project graphic and architectural guidelines submitted with a development plan are permissible along the front lot line. Such fence shall be set back one foot from the sidewalk.[1]
[1]
Editor's Note: Former Subsection C(3)(c), regarding fences, which immediately followed this subsection, was repealed by Ord. 1139, 7/15/2014.
(4)
Buildings. Heights shall range from a minimum of 18 feet, measured in accordance with § 27-409H(4), to a maximum as set forth in Table 3: TND Dimensional Standards.[2]
(a)
Steeples, clock and bell towers, and other nonhabitable, architectural embellishments to the appearance/facade of the structure may extend to a height of 100 feet.
(b)
Commercial, single-family attached buildings and apartment buildings shall have a maximum facade length not greater than 200 feet.
(c)
Sally ports and passages in commercial buildings, providing access to rear parking lots, are encouraged.
(5)
Open space. The Mixed Center Subarea shall include a formal, centrally located open space of 10,000 square feet minimum in not more than two locations of 5,000 square feet minimum each. A hardscaped plaza shall make up at least 25% of this open space.
(6)
Outbuildings. One outbuilding is allowed per lot.
(a)
A maximum footprint of 650 square feet is permitted.
(b)
Permitted uses for outbuildings include parking garages for personal use and home occupations and rental apartments, when accessible by a rear lane.
(c)
Outbuildings accessed by a rear lane may include a second story accessible by exterior stairs.
(7)
Lanes. All lots less than 55 feet in width shall be provided with rear access via a lane.
§ 27-408 TND Blocks, Streets and Parking.
[Ord. 1112, 1/19/2010]
A.
Blocks.
(1)
Blocks may be in square, rectilinear, or irregular form. In general, blocks of more formal and square arrangements may be used in the Mixed Center, rectilinear in the Neighborhood General, and irregular in the Neighborhood Edge.
(2)
No block face shall be longer than 1,100 feet, unless bisected by an area of open space or a pedestrian walkway providing a passage through the block with a minimum width of 20 feet.
[Amended by Ord. 1139, 7/15/2014]
B.
Streets. The layout and design of the streets shall follow the standards outlined below:
(1)
Streets shall be designed so as to create a web of connections within the TND, as well as make all possible connections to adjacent development.
(2)
They shall be designed to safely accommodate pedestrians and bicyclists as well as automobile traffic.
(3)
Acceptable traffic-calming techniques and measures, as defined by the Borough Engineer, are encouraged to be an integral part in the design of the street system. Acceptance of proposed traffic-calming techniques and measures integral to streets offered for dedication to the Borough is subject to the conditions and approval of the Borough Council.
(4)
A variety of street types shall be included in a TND. These include avenue, main street, one-way residential street, two-way residential street, drive, and lane.
[Amended by Ord. 1139, 7/15/2014]
(5)
Refer to the following Street Sections/Exhibits for Streets and Lanes, for information pertaining to street types, and standards pertaining to such details as cartway and rights-of-way widths, curbs, on-street parking, and sidewalks.[1]
[Added by Ord. 1139, 7/15/2014]
[1]
Editor's Note: Parking Diagrams and Street Sections/Exhibits are included as an attachment to this chapter.
C.
Parking.
[Amended by Ord. 1138, 6/17/2014; and by Ord. 1139, 7/15/2014]
(1)
On-street parking is allowed on all street types (with the exception of lanes), and shall count toward the overall parking requirements. Each such space shall be 22 feet in uninterrupted length by seven feet in width.
(2)
Commercial, retail, and civic/public space shall provide parking as determined by a parking demand analysis, prepared and approved in accordance with § 27-801E.[2]
[2]
Editor's Note: Former Subsections C(3), regarding commercial, retail, and civic/public space parking, C(4), regarding ghost parking for commercial, retail, and civic/public space, C(5), regarding location of parking lots, and C(6), regarding parking for residential dwellings, were repealed by Ord. 1139, 7/15/2014.
§ 27-409 Dimensional Standards.
[Ord. 1112, 1/19/2010]
A.
The purpose of defining dimensional standards in Mechanicsburg Borough is aimed to promote and optimize land use and development compatibility and continuity through contextual design and to provide landowners and/or developers in the Borough of Mechanicsburg reasonable flexibility to do so. Critical components of contextual design include but are not limited to the relationship of existing and proposed building massing, building form, building orientation, site circulation and parking. "Massing" generally refers to the scale of a structure in relationship to those in vicinity to it. "Form" generally refers to the type of structure (e.g., two-story structure) and its architectural characteristics. "Building orientation" generally refers to the manner in which a structure is positioned on a lot (e.g., a front building facade parallel to a front lot line). Subsections C through K below outline the general parameters for establishing and maintaining development continuity and compatibility standards as said patterns of the Borough have been established and have been maintained throughout the community's history.
B.
When a calculation of front and/or side yard setbacks references an adjoining lot, data regarding said adjoining lot shall be obtained through recorded mapping or deeds as available through the Borough of Mechanicsburg and/or Cumberland County. If said mapping or deeds are not available, the landowner and/or developer shall contact the Borough Zoning Officer to determine an equivalent suitable source for needed information.
C.
For each story over two, a multifamily unit shall have an additional five-foot setback applicable to all yards; no adjusted front yard of said proposed development shall deviate more than 30% greater than that of development on an adjoining lot.
D.
In the OT and CMM Districts, a minimum of 85% of the principal structure frontage shall be built along the required front yard setback. Porches shall also be permitted to fulfill this requirement. No structure shall be built within a required setback.
E.
Interior lot not adjoining a corner lot.
(1)
Required front yard setback.
(a)
The required front yard setback for a subject lot shall be determined by calculating the average front yard setback of the adjoining lots.
F.
Interior lot adjoining a corner lot.
(1)
Front yard setback.
(a)
The front yard setback of the subject lot shall be the average of the adjoining existing corner lot and the adjoining existing interior lot.
G.
Corner lot. A corner lot shall have two front yards one side yard and one rear yard said front yards shall abut public right-of-way not inclusive of an alley. If the lot abuts an alley, the rear yard shall parallel said alley.
(1)
Front yard setback.
(a)
The required front yard setback of the subject (corner) lot shall be equivalent to that of the two adjoining lots.
(b)
If the adjoining (interior) lot is vacant, the front yard setback of the subject corner lot shall be equivalent to the minimum front yard setback defined in Tables 3, 4 and 5 for the zoning district in which the subject lot is located.
(2)
Side yard setback.
(a)
The required side yard setback for a subject lot shall be determined by calculating the average side yard setbacks of the adjoining lots.
(b)
If an adjoining lot is vacant, it shall be assumed that the established setback of that adjoining lot is the minimum side yard setback defined in Tables 3, 4 and 5 for the zoning district in which it is located.
H.
Height. Building height for proposed development, infill, redevelopment and/or replacement shall be determined based upon the context of existing development on a block.
(1)
The minimum height of any principal building and/or structure in the OT and CMM Districts shall be 24 feet.
(3)
To protect the historically established development patterns in the Borough as supported through the provisions and objectives identified of the Pennsylvania Municipalities Planning Code,[5] proposed roof heights, cornice lines, eaves, parapets and porches of a proposed building or structure shall respect the architectural context of the adjoining lots and, when feasible, shall maintain the scale and character of existing development. No proposed structure shall be less than or greater than adjacent structures unless approved as a variance determined by the Zoning Hearing Board.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
Height shall be measured in accordance with the following:
 |
I.
Building and lot relationship.
(1)
To optimize public safety and to protect the historically established development patterns in the Borough:
(a)
The Borough encourages, on any lot where development exists or is proposed to exist, that the placement and orientation of doors and windows on said lot is similar to that of adjoining lots and/or buildings, inclusive of the building facade that faces the yard setback that abuts the street right-of-way.
(b)
In the event that a building's main entrance is not located on the building facade that faces the yard setback that abuts the street right-of-way, said facade should be designed to appear to have a main entrance, including door, windows, and other architectural details similar to those found on the actual main entrance. Corner lots with primary facades facing street rights-of-way should provide architectural elements, including bays, windows, and cornices, on each. Elevation views of said facade(s) shall be submitted to the Borough for review.
K.
Tables 4 and 5 outline dimensional standards applicable to principal structures in zoning districts, except TND as defined in §§ 27-406, 27-407, and 27-408. Provisions listed in Subsections C through J shall supersede said tables for the purposes of development, infill and/or replacement.
(1)
Where double-frontage lots (see § 27-418B) are so employed, they shall provide a rear yard with a minimum depth of 75 feet, measured in the shortest distance from the proposed structure to the ultimate right-of-way.
(2)
Lots abutting a railroad right-of-way shall provide a rear yard with a minimum depth of 75 feet, measured in the shortest distance from the proposed structure to the railroad right-of-way.
(3)
Where both water supply and sanitary sewage disposal are provided by individual on-lot facilities, lots shall have a minimum area of 18,000 square feet and a minimum width, measured at the building setback line, of 125 feet.
(4)
Where either water supply or sanitary sewage disposal, but not both, are provided by individual on-lot facilities, lots shall have a minimum area of 15,000 square feet and a minimum width, measured at the building setback line, of 80 feet.
(5)
For the purposes of this chapter, a lot abutting a local street other than an alley as well as an alley shall not be considered a double-frontage lot.
[Amended by Ord. 1138, 6/17/2014]
Table 4: Residential Zoning District Dimensional Standards (per dwelling unit) | ||||||||
|---|---|---|---|---|---|---|---|---|
Per Unit of Occupancy | Setbacks | |||||||
Lot Width (minimum) (feet) | ||||||||
Lot Area (minimum square feet) | Interior | Corner | Front (minimum/ maximum) (feet) | Side (minimum) (feet) | Rear (minimum) (feet) | Coverage (maximum percentage) | ||
Residential | ||||||||
1 | Residential Low-Density (R-L) | |||||||
Residential and nonresidential | 8,000 | 75 | 90 | 25/40 | Interior lot: 12 Corner lot (street/ interior side): 25/12 | 25 | Single-family: 35% Nonresidential: 45% | |
2 | Residential Medium-Density (R-M) | |||||||
Single-family detached | 5,000 | 40 | 55 | 15/25 | Interior lot: 5 Corner lot (street/ interior side): 15/5 | 15 | 45% | |
Single-family semidetached | 4,000 | 30 | 45 | 15/25 | Interior lot: 0 | 15 | 45% | |
Two-family detached | 4,000 | 30 | 45 | |||||
Non-residential | 5,000 | 40 | 55 | 55% | ||||
3 | Residential High-Density (R-H) | |||||||
Single-family detached | 3,000 | 30 | 45 | 15/25 | Interior lot: 5 Corner lot (street/ interior side): 15/5 | 15 | 45% | |
Single-family semidetached | 3,000 | 30 | 45 | 45% | ||||
Single-family attached | 2,000 | 20 | 35 | 55% | ||||
Two-family detached | 3,000 | 30 | 45 | 45% | ||||
Multifamily dwelling | 1,500 | — | — | 15/25 | 15 | 15 | 55% | |
Non-residential | 4,000 | 40 | 55 | 15/25 | 15 | 15 | ||
Table 5: Mixed-Use/Nonresidential Zoning District Dimensional Standards (per residential unit or nonresidential lot, as applicable) | ||||||||
|---|---|---|---|---|---|---|---|---|
Per Unit of Occupancy | Setbacks | |||||||
Lot Width (minimum) (feet) | ||||||||
Lot Area (minimum square feet) | Interior | Corner | Front (minimum/ maximum) (feet) | Side (minimum) (feet) | Rear (mini mum) (feet) | Coverage (maximum percentage) | ||
1 | Commercial Main Market (CMM) | Based upon required setbacks, coverage, parking, loading/ unloading and other applicable standards | 30 | 30 | 0/5 | 0 | 15 | 85% |
2 | Old Town (OT) | |||||||
Single-family detached | 2,500 | 30 | 45 | 10/20 | Interior lot: 5 Corner lot (street/ interior side): 15/0 | 15 | 55% | |
Single-family attached | 2,000 | 20 | 35 | |||||
Two-family detached (both units) | 2,500 | 30 | 45 | |||||
Multifamily dwelling | 1,500 | — | — | 15/25 | Interior lot: 5 Corner lot (street/ interior side): 15/0 | 15 | ||
Non-residential | 2,500 | 30 | 45 | 15/25 | Interior lot: 5 Corner lot (street/ interior side): 15/0 | 15 | 80% | |
3 | Commercial General (C-G) | Based upon required setbacks, coverage, parking, loading/ unloading and other applicable standards | — | — | 40 | Interior lot: 5 Corner lot (street/ interior side): 15/5 | 15 | 75% |
4 | Industrial (I) | — | — | 40 | 25 | 25 | 90% | |
§ 27-410 Height Exceptions.
[Ord. 1112, 1/19/2010]
A.
The height limitations of this chapter shall not apply to the following structures: place of worship steeples or spires; steeples; chimneys; elevator bulkheads and other mechanical equipment that is part of a principal structure; conveyors; flagpoles; silos; standpipes; elevated water tanks; derricks; public utility structures; and other structures not intended for human habitation which do not exceed the height limitations of the zoning district by more than 15 feet.
B.
All buildings or structures shall also be subject to all applicable Federal Aviation Administration (FAA) height and lighting restrictions.
§ 27-411 Permitted Projections into Required Setbacks.
[Ord. 1112, 1/19/2010]
A.
The following shall be permitted to project into any required setback in any zoning district as follows:
(1)
Typical architectural features, including but not limited to bay windows, windowsills, cornices, eaves, awnings and/or sunscreens, shall be permitted to project into required setbacks no more than 36 inches.
(2)
Unenclosed porches without enclosed habitable foundations shall be permitted to project into required front and side setbacks no more than three feet and into the required rear setback no more than 20 feet so long as a minimum of five feet remains between the structure and the lot line.
(3)
Steps and open fire escapes shall be permitted to project into required setbacks no more than six feet. Open fire escapes shall be permitted to project into a required side or rear setback no more than six feet.
§ 27-412 Lot Access.
[Ord. 1112, 1/19/2010]
Access to the lot shall comply with the following regulations:
A.
To maintain safety within the Borough and optimize safety of lot ingress and/or egress, for any proposed new development, infill and/or redevelopment, vehicular lot access shall be gained from the street or alley, when there is more than one right-of-way to choose from, that has the lesser of existing or proposed traffic volumes. No new curb cuts along the street or alley which has the greater of traffic volumes shall be permitted.
B.
No two of said driveways serving single- and two-family dwellings shall be closer to each other than 12 feet, when measured from the driveway exterior edge, excluding any flare at a curb cut. Driveways may be shared with no more than two units. The maximum width of any one driveway at a lot line in a residential district shall be 20 feet.
C.
Driveways shall be stabilized and shall be not less than 10 feet in width nor more than 20 feet in width in residential and mixed-use districts and no more than 35 feet in width in nonresidential districts, measured at right angles to the center line of the driveway, except as increased by permissible curb return radii as defined in Chapter 22, Subdivision and Land Development, of the Mechanicsburg Borough Code. The entire flare of any return radius shall fall within the right-of-way.
D.
Driveways shall not cross the street right-of-way line within 40 feet of the street right-of-way line of an intersecting street, within 20 feet of an alley right-of-way and in no case less than 10 feet from the point of tangency when the intersecting street lines are joined by a curve.
E.
Driveways shall not cross the street right-of-way within five feet of a fire hydrant, catch basin or drain inlet.
F.
Driveways shall not cross the street right-of-way within 40 feet of another driveway on the same lot.
G.
Driveways shall not cross the street right-of-way for all multifamily developments and in all Commercial-General and Industrial Districts within 20 feet of a property line unless two adjoining property owners mutually agree in a legally recorded instrument to a common driveway. To optimize safety, joint-access drives are encouraged.
H.
Access drives shall provide a twelve-foot-wide cartway for each lane of travel. See information below:
Number of Lanes | Direction of Travel | Required Access Drive Width (feet) |
|---|---|---|
1 | One-way | 12 |
2 | One- or two-way | 24 |
3 or more | One- or two-way | 12 per lane |
I.
Tree lawns, as required by Chapter 25, Trees, of the Mechanicsburg Borough Code, shall be provided.
J.
Where there is no existing curb and gutter or sidewalk, a curb, fence, or wall not exceeding three feet or less than eight inches in height shall be constructed along the entire length of the property line, except in front of the permitted driveway.
K.
All driveways shall comply with all specifications and the sight distance requirements set forth in Chapter 22, Subdivision and Land Development, of the Mechanicsburg Borough Code. Driveways shall be located in safe relationship to sight distance and barriers to vision and shall not exceed a slope of 8% within 12 feet of the street line. Where driveways enter a bank through a cut, unless a retaining wall is used, the side slopes of the cut shall be graded to not more than 1/2 foot vertical to one foot horizontal within 10 feet of the point the driveway intersects with the right-of-way line. The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas and street access. Where a driveway or access drive gives access to a state road or highway, a highway occupancy permit must be obtained from the Pennsylvania Department of Transportation prior to issuance of the building permit.
L.
A to-scale drawing of proposed off-street parking and loading areas, driveways, and walks shall be submitted as part of the required plot plan. Any plan requiring access onto a state highway shall be approved by the Pennsylvania Department of Transportation.
M.
Any nonresidential use in a residential zoning district which would be expected to generate over 20 directional trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over 100 trips in an average day shall front on an arterial or collector street. Trips shall be calculated in accordance with the most current published version of the Trip Generation Manual by the Institute of Transportation Engineers or approved Borough equivalent.
[Added by Ord. 1138, 6/17/2014]
§ 27-413 Accessory Buildings, Structures, Uses and Events.
[Ord. 1112, 1/19/2010; as amended by Ord. 1125, 9/20/2011]
A.
Accessory buildings, structures, uses and events permitted within residential zoning districts of the Borough include:
(1)
Cultivation of plants as a hobby, including the erection and maintenance of greenhouses and garden equipment storage buildings, trellises, etc., but involving no commercial sales or advertising. Cultivation shall also include a community garden and/or market garden activity.
(3)
Garage or parking area meeting requirements of Part 8, limited to one garage per lot.
(4)
Unless superseded by another Borough ordinance, the keeping of nondomesticated animals, limited to 200 pounds per animal, and structures for the housing of such animals on a lot of at least 80,000 square feet in area, except for poultry and/or fowl, and to be confined on the lot by a fence or similar enclosure located at least five feet from the lot line, unless adjacent to a residential lot, where the setback shall be increased to 25 feet and where the structures shall be located at least 100 feet from any dwelling on the subject lot, and when only for the private noncommercial use of the occupants of the dwelling on the same lot. Poultry and/or fowl may be housed on any size lot, and fencing shall be at least five feet from the lot line. A structure for the housing of poultry and/or fowl shall not exceed eight feet in height. No animals shall be housed between the front building facade and the front lot line. Domesticated animals shall be as defined by the Mechanicsburg Borough Code.
(5)
Shelter for domestic pets, but not including a kennel, shall not be located within a required setback of the zoning district in which the lot is located.
(6)
Private swimming pool, tennis court, or similar private recreation facility for the use of the residents of the dwelling and their guests only. All of the foregoing shall be considered structures for the purpose of permits and regulations of this chapter.
(a)
Swimming pools shall be constructed and maintained to comply with all applicable federal, state and local requirements and must be enclosed by a fence or other substantial barrier not less than four feet high with a self-latching gate to prevent unauthorized access to the pool by small children.
(b)
No pool, decking, fencing or other appurtenant equipment or structures shall be located in a front yard or easement area.
(c)
All pools, inclusive of all concrete or wooden decking, and all fencing must meet the required setbacks.
(d)
No water shall be discharged from a pool onto another property.
(7)
Satellite dish or antenna.
(a)
In all residential zoning districts, the maximum diameter of any satellite dish antenna installed on any lot, building or structure shall be 2 1/2 feet.
(b)
Only one satellite dish antenna shall be permitted per dwelling unit.
(c)
Satellite dish antennas shall not be permitted in front yards or on front facades.
(d)
A satellite dish antenna shall not project above the peak of a roof; and if said satellite dish is roof-mounted, no point of the satellite dish shall be greater than three feet from the roof's surface. A satellite dish antenna shall be permitted to be mounted on a flat roof so long as the satellite dish projects less than three feet from the roof surface and is mounted in an inconspicuous location.
(9)
No-impact home-based business.
(10)
Setback of accessory buildings and structures. No accessory building or structure shall be located between the front lot line and front building facade of the tract's principal building or structure. No accessory building or structure, whether permanent or portable, i.e., not affixed to a permanent foundation, shall be located or placed within the following required side or rear setback areas or exceed the height limitations specified:
Zoning District | Size of Building or Structure (square feet) | Minimum Setback (feet) | Maximum Height (feet) |
|---|---|---|---|
Residential Low Density (RL) | <20 | 3 | 10 |
>120 | 5 | As applicable to principal building or structure | |
Residential Medium/High | <20 | 1 | 10 |
Density (RM/RH) | >120 | 3 | As applicable to principal building or structure |
Old Town and Commercial Main and Market (OT, CMM) | All | 0, except 1 foot rear setback in the Old Town District | As applicable to principal building or structure |
Commercial General and Industrial (CG, I) | All | As applicable to principal building or structure | As applicable to principal building or structure |
(11)
The provisions of this subsection shall apply to residential lots and uses. No accessory building or structure, whether or not affixed to the principal building or structure, shall exceed the height limitation set forth in Subsection A(10) of this section, and in no event shall it exceed the height of the principal building or structure. Accessory buildings or structures shall not exceed 50% of gross floor area of the principal building or structure. In no case shall the footprint of accessory buildings and structures exceed the footprint of the principal building or structure.
(12)
Clear sight triangle. All accessory buildings, structures, uses and events, screens and buffer yards or landscaping shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving a lot or adjacent lots. Minimum sight distances shall be maintained and located in accordance with the clear sight triangle definition.
(13)
The use of nontraditional storage units, including those commercially known as "PODs," or an enclosed "container" of a box trailer with or without wheels, shall be permitted on a temporary basis, subject to the following:
(a)
Units shall be permitted on a lot 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.
(b)
The "container" of a box trailer, with or without wheels, shall not be used for permanent storage in any zoning district.
(14)
Other uses or structures customarily incidental to principal uses or structures permitted in the zoning district.
B.
Permitted accessory uses, structures, uses and events in mixed-use and nonresidential zoning districts:
(1)
Amusement game machines not located in a commercial recreation and entertainment facility, limited to three machines per establishment located within and accessible only from the principal building in which the principal use is conducted.
(2)
Administrative services ancillary and accessory to the principal use which occupy the same building as the principal use, to include copying and printing services, mail packaging and receiving, retail sales, secretarial services and similar activities.
(3)
Drive-through or freestanding automated teller system, which is a machine or series of machines used for the purposes of dispensing money, accessory to a use. Said system shall only be permitted for walk-up access in the CMM District.
(4)
Day-care center restricted to children of employees or customers while on site or users of services offered by the principal use.
(6)
Individual apartment of the owner, or manager, or an employee of the business occupying the lot.
[Amended by Ord. 1131, 12/18/2012]
(7)
Branch bank within an office building.
(8)
Off-street loading areas, subject to the requirements of Part 8.
(9)
Off-street parking areas and/or garages for the exclusive use of customers patronizing the establishment on the premises and for employees of the establishment in accordance with the requirements of Part 8.
(10)
Outdoor dining which does not extend more than six feet into any right-of-way and where a physical barrier is provided between such dining area and the adjacent right-of-way space. Outdoor dining shall be permitted within a front and/or side yard in accordance with the requirement of Chapter 21, Streets and Sidewalks, of the Mechanicsburg Borough Code.
(11)
Retail sales of books, magazines and newspapers (excluding adult bookstores), restaurants (no drive-up/drive-through), and drug stores located on and not occupying more than 25% of the building's first floor, exclusive of basement, and provided that there shall be no exposed entryway serving the business on the exterior of such building.
(12)
Satellite dish or antenna mounted on the ground and located not less than 1 1/4 times its maximum height from any side or rear lot line but not forward of the front setback line; or mounted on the roof. In CMM or OT Districts, only one satellite dish/antenna shall be permitted per dwelling unit, and said satellite dish/antenna shall not be permitted in any front yard or on any front facade. Within the CMM and OT Districts, a satellite dish antenna shall not project above the peak of the roof; and if said satellite dish is roof-mounted, no point of the satellite dish shall be greater than three feet from the roof's surface. A satellite dish antenna shall be permitted to be mounted on a flat roof so long as the satellite dish projects less than three feet from the roof surface and is mounted in an inconspicuous location. Within the CMM and OT Districts, no ground-mounted dish shall exceed six feet in diameter.
(14)
Swimming pool, tennis court, or similar accessory recreation facility.
(a)
A swimming pool, tennis court or similar accessory recreational facility when the permitted use is a hotel, motel, bed-and-breakfast, public park, club, cultural or institutional use, or when serving common residential units on the same tract. All of the foregoing shall be considered structures for the purpose of permits and regulations of this chapter and shall be subject to the requirements of the applicable zoning district and § 27-413A(6).
(b)
Private swimming pool, tennis court, or similar private recreation facility for the use of the residents of a single dwelling unit and their guests only shall be subject to the requirements of the applicable zoning district and § 27-413A(6).
(15)
Temporary structure incidental to the development of a lot, to be removed upon the completion of development.
(16)
Other uses or buildings customarily incidental to principal uses or structures permitted in a zoning district.
(17)
Residential lots or uses shall be subject to § 27-413A(11). Nonresidential lots or uses shall be subject to the following requirements. Accessory uses are limited to 25% of the gross floor area of the principal use, exclusive of basement. Employees of the accessory uses shall not exceed 25% of the total number of employees in the principal use. Provisions, including but not limited to parking, loading, signage and setbacks, shall be applicable to identified accessory uses.
(18)
In the CMM Zoning District, only when in combination with a nonresidential use, residential use may occupy any upper floor. At no time may a residential use within said building occupy the ground (street-level) floor of the same building.
[Amended by Ord. 1138, 6/17/2014]
(19)
No dumpsters, service structures or similar structures shall be permitted to be located between the front facade of the principal building on the lot and the front lot line.
(20)
Seasonal outdoor farmers' market.
(a)
A temporary use permit shall be required. See Part 13, Permits.
(21)
Setback of accessory buildings and structures. No accessory building or structure shall be located between the front lot line and front building facade of the tract's principal building or structure or exceed maximum height limitations. No accessory building or structure, whether permanent or portable, i.e., not affixed to a permanent foundation, shall be located or placed within the required side or rear setback areas. Setbacks and heights are governed by the requirements set forth in § 27-413A(10).
C.
In all zoning districts, the following regulations shall apply:
(1)
Radio or television antennas. A radio or television antenna shall be permitted as an accessory use, subject to the following requirements:
(a)
A radio or television antenna structure may be installed in a rear yard area or mounted on a roof or chimney, provided that the structure shall not be located within 20 feet of any lot line unless the roof or chimney is already infringing within the setback.
(b)
The antenna shall be no more than 12 feet higher than the structure on which it is to be mounted and shall be designed so as to have minimal visual impact to the building or structure, utilizing techniques such as being the same color as the building or pole on which it is located. If placed on a roof, any antenna exceeding eight feet in overall height shall be mounted with guy wires.
(c)
Any such structure shall comply with applicable Federal Communications Commission regulations.
(d)
Radio or television antenna structures located on the ground shall be screened from adjacent lots by evergreen trees or other suitable landscaping material, as defined by the Borough.
(2)
Communications antennas. The following regulations are applicable to communications antennas mounted or located on existing or newly constructed nonresidential buildings, light poles/standards or on utility transmission poles and communications equipment building/cabinets and shall be permitted in all zoning districts:
(a)
Omnidirectional or whip antennas shall not exceed 20 feet in height from the existing structure on which the antenna is mounted or seven inches in diameter and shall be permitted solely on existing permitted structures at least 35 feet in height.
(b)
Directional or panel antennas shall not exceed five feet in height or three feet in width.
(c)
No sign or other advertising shall be allowed on any antenna, including the name of the communication company. However, a commercial communication antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign as long as the other requirements of the chapter are met. The communication company is allowed a sign not to exceed two square feet for identification and notification purposes in case of an emergency.
(d)
No illumination is permitted on commercial communication antennas unless required by the FCC, FAA or other state or federal agency of competent jurisdiction or unless necessary for air traffic safety. If lighting is required, the Zoning Officer shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.
(e)
Accessory roof structures required for the operation of the antenna shall be of a material or color which matches the exterior of the building or structure.
(f)
The applicant shall provide a certification from a professional engineer, having demonstrated capability and competence in matters of structural integrity, that the proposed installation will not exceed the structural capacity of the pole or building upon which the communications antenna is proposed to be located, considering wind, ice, snow and other loads associated with the communications antenna location.
(g)
The applicant shall provide detailed construction drawings indicating how the communications antenna(s) will be mounted, for review by the Municipal Engineer.
(h)
Unless mounted on an existing utility pole, the minimum building setback requirements for the antenna shall be five feet from a lot line.
(i)
The antenna shall be no more than 12 feet higher than the structure on which it is to be mounted and shall be designed so as to have minimal visual impact to the building or structure, utilizing techniques such as being the same color as the building or pole on which it is located.
(j)
The applicant shall provide authorization from the legal owner of the lot to install the communications antenna and any structure accessory to the communications antenna.
(k)
The applicant shall provide agreements, easements, or rights-of-way necessary to ensure access for the purpose of installation and maintenance.
(l)
Any existing or newly constructed freestanding light pole/standard or utility transmission pole may be constructed, reconstructed or altered for the purpose of accommodating the location and/or installation of communications antenna, provided that the height of the light pole/standard or utility transmission pole, once constructed, reconstructed or altered, shall not exceed 65 feet.
(m)
All communications antennas shall be operated so that they will not cause interference with other communications antennas.
(n)
If any accessory communications equipment building/cabinets are proposed for the operation of the communications antenna, the following regulations shall be adhered to:
[1]
The communications equipment building/cabinets and associated equipment may be located at or near the base of any existing or newly constructed light pole/standard. If the communications equipment building/cabinets are proposed for a communications antenna located on a nonresidential building or structure other than an existing or newly constructed light pole/standard, such communications equipment building/cabinets may be located on the structure or building on which the communications antenna is located.
[2]
Screening shall be provided at an opacity and height to obscure 85% of the proposed antenna base.
[3]
For those communications antennas that are mounted on utility transmission poles, the communications equipment building/cabinets shall be located within the utility easement or right-of-way and shall not obstruct sidewalks, streets and/or driveways nor interfere with traffic sight distances.
[4]
Any communications equipment building/cabinets where the area encompassing the communications equipment building/cabinets is equal to or less than 100 square feet shall be subject to the height and setback requirements of the zoning district for an accessory structure. Any communications equipment building/cabinets where the area encompassing the communications equipment building/cabinets is greater than 100 square feet shall be subject to the height and setback requirements of the zoning district for a principal building or structure.
(3)
Canopies and similar structures. Freestanding canopies and other similar permanent, freestanding, roofed structures greater than 150 square feet shall be permitted to cover outdoor seasonal display and sales areas or fuel-dispensing areas accessory to permitted uses in the zoning districts, provided that:
(a)
No portion of such structure shall be located less than 20 feet from any lot line or street right-of-way.
(b)
Such structure shall not be enclosed or incorporate walls.
(c)
A minimum of 50% of the vertical supports utilized for the structure shall be designed to incorporate the same primary exterior material as the lot's principal building.
(d)
Any lighting associated with said structures shall be reduced to 1/2 normal operating power between the hours of 11:00 p.m. and 6:00 a.m., but in no case shall exceed zero footcandles at the lot line.
(e)
Such structure shall be removed within one work week immediately once the principal use or the use of the structure is discontinued or shall cease to exist.
(f)
The above provisions shall not apply to canopies attached to the principal and/or accessory building of a lot.
(4)
All other accessory activities. All other accessory buildings, structures, uses or events shall not be permitted in the required front yard or required side yards and shall be located at least 10 feet from the rear lot line.
(5)
Recycling collection point, public. Recycling collection points, public, are permitted, subject to the following criteria:
(a)
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent any menace to public health and safety; offensive or obnoxious odors; the breeding, harboring or infestation of rats and other rodents and vermin; and violation of any health or sanitary law, ordinance, or regulation of the Borough of Mechanicsburg or the Commonwealth of Pennsylvania.
(b)
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
(c)
Materials to be collected shall be of the same character as the following materials: paper, cardboard, plastic, steel/tin, aluminum and glass. No garbage shall be stored as part of the use except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site. Used tires shall not be stored on site.
(d)
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as the baling of cardboard.
(e)
All related structures shall comply with setback requirements for accessory structures in the underlying zoning district, and structures shall not be permitted to be located between the front facade of the principal building on the lot and the front lot line in any residential or mixed-use zoning district.
(g)
All uses must comply with Borough building, health, housing, rental, safety, property and other applicable code requirements.
§ 27-414 Screening and Landscaping for Off-Street Parking and Service Structures for Nonresidential, Multifamily Dwelling/Apartments, Single-Family Attached and Mixed Uses.
[Ord. 1112, 1/19/2010; as amended by Ord. 1138, 6/17/2014]
A.
A planting strip at least five feet wide shall be provided between the edge of the street right-of-way and any parking area authorized in any yard which is adjacent to a street, roadway or alley. Planting strips between the right-of-way and the parking area shall be landscaped and maintained with ground cover, shrubbery, trees or other landscape or decorative materials across the entire lot in order to prohibit vehicular and pedestrian access, except at approved ingress and egress points. Landscaping species at their mature heights shall not obstruct visibility for traffic entering or leaving the lot or traveling on the public street, roadway or alley.
B.
Surface parking area.
(1)
In parking areas containing more than 10 new spaces, at least 20% of the interior parking area shall be landscaped with plantings, including one tree for each five spaces.
(2)
Interior landscaping shall be required for new parking areas or expansion of existing parking areas containing more than 4,000 square feet or 10 parking spaces, whichever is less. Where a preexisting parking area is altered or expanded to increase the size to 4,000 or more square feet of area or 10 or more parking spaces, interior landscaping for the entire parking area shall be provided.
(3)
One internal landscape island shall be provided for every 10 parking spaces or every 20 double-loaded spaces.
(4)
No more than 10 parking spaces shall be provided in an unbroken row without the provision of interior landscape islands.
(5)
At least one shade tree, 2.5 inches' minimum diameter at breast height, as defined by the American Standard for Nursery Stock (American Association of Nurserymen), shall be provided in each interior landscape island. The remaining area of the required interior landscape islands and/or interior landscape area shall be landscaped with shrubs or perennials, either of which should not exceed two feet in height, or with turf grass.
(6)
Shade tree size, caliper and type shall be required according to the provisions of Chapter 25, Trees, of the Mechanicsburg Borough Code.
(7)
Unless otherwise approved by the Borough Engineer for promoting sustainable stormwater management practices, all landscape islands shall be enclosed by appropriate curbing or a similar device at least six inches wide and six inches in height above the paving surface.
C.
Landscaping for service structures. All service structures shall be fully screened with a minimum of 80% opacity. For the purposes of this subsection, service structures shall include propane tanks, dumpsters, air-conditioning units and condensers, electrical transformers and other equipment or elements providing service to a building or a lot.
(1)
Location of screening. A continuous planting, hedge, fence, wall or earthen mounding 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. Fencing, if erected, shall be constructed of the same material as the principal building of a lot. The average height of the screening material 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. When a service structure is located adjacent to a building wall, 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 out in this section. Although service structures are screened by plant material, such material may not count towards the fulfillment of required landscaping. Said screening shall be installed at the service structure, not along the perimeter or lot line of said lot on which the structure is located. Said screening shall not be installed in lieu of any other screening that is required on the lot.
(2)
Protection of screening material. Whenever screening material is placed around any trash disposal unit or waste collection 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 material on those sides where there is such material. The barrier shall be at least 18 inches from the screening material 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 material shall be 12 feet to allow service vehicles access to the container.
D.
If landscaping requirements cannot be achieved, the value of said landscaping, as prepared by a registered landscape architect, shall be submitted to the Borough for contribution to the Borough's Shade Tree Fund.
§ 27-415 Vegetation Preservation and Buffer Yards.
[Ord. 1112, 1/19/2010]
A.
Vegetation preservation. Vegetation preservation is governed by the specifications in this section and the provisions of the Pennsylvania Municipalities Planning Code.[1] The removal of trees, shrubbery, foliage, grass or other natural growth shall be permitted when in conformance with the provisions of this chapter or any other chapters of the Mechanicsburg Borough Code regulating land use, development and logging. 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, whether by clear-cutting, selective cutting or other common practice, shall be permitted in any zoning district. All forestry activities shall comply with the applicable Borough ordinances.
(2)
The cutting of trees and/or clearing of vegetation within the buffer yard applicable to the lot as required by this chapter, or within the minimum building setback as required by this chapter, whichever is greater, is prohibited. Only the removal and replacement of damaged/decreased 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.
B.
Buffer yards.
(1)
Where permitted nonresidential and mixed uses in the C-G and I Zoning Districts abut a Residential (R) Zoning District, and where a permitted nonresidential, multifamily dwellings/apartment, and single-family attached use in an R Zoning District abut a lot with an existing single-family detached or two-family detached dwelling in an R Zoning District, the aforementioned nonresidential, multifamily dwelling/apartment, and single-family attached use shall provide a ten-foot-wide buffer yard and screening, unless otherwise stipulated in this chapter. The buffer yard and screening shall be provided on the lot proposed for development and shall extend the entire length or width of the lot line abutting either the residential zoning district or the single-family detached or two-family detached dwelling lots in the residential zoning district as required hereinabove.
(a)
Otherwise, in the OT, C-G and I Zoning Districts, where permitted nonresidential, multifamily dwellings/apartments, single-family attached, or mixed uses abut a lot with an existing single-family detached or two-family detached dwelling in the OT, C-G or I Zoning District, the aforementioned nonresidential, multifamily dwellings/apartments, single-family attached, or mixed uses shall provide a five-foot-wide buffer yard and screening with no less than 90% opacity.
(2)
All buffer yard areas shall be planted and maintained with vegetative cover and material; and, where required, screen plantings no less than 80% opacity shall be planted and maintained to the full length or width of the required buffer yard.
(3)
All buffer yard areas shall be planted and maintained with vegetative material; and where required for multifamily, single-family attached, mixed-use, commercial and industrial uses, a screen planting (Subsection C below) shall be planted and maintained to the full length of side and rear lot lines which do not abut streets.
(4)
No structure, manufacturing or processing activity, or storage of materials shall be permitted in buffer yards. However, driveways, access roads, service drives, sidewalks and any utility easement (above ground or underground) not more than 35 feet in width are permitted to cross a buffer yard.
(5)
No parking shall be permitted in buffer yards.
C.
Screen plantings. Screen plantings shall be located in the exterior portion of the required buffer yards and shall be in accordance with the following requirements:
(1)
Plant materials used in screen planting shall be at least four feet in height when planted, shall be planted no more than three feet apart, and shall be of such species as will produce, within three years, a complete year-round visual screen of at least six feet in height.
(2)
The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year.
(3)
The screen planting shall be so placed that, at maturity, it will be not closer than three feet from any ultimate right-of-way or property line.
(4)
A clear sight triangle shall be maintained at all street intersections and at all points where vehicular accessways intersect public streets.
(5)
The screen planting shall be broken only at points of vehicular or pedestrian access.
(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 25, Trees, of the Mechanicsburg Borough Code.
(7)
Screen plantings shall be provided between the property line and any off-street parking area and any outdoor solid waste storage area for any nonresidential use where the parking or solid waste area abuts a residential zoning district or a lot occupied by a residential use.
(8)
Fencing shall be permitted to comprise no more than 60% of any screen planting.
§ 27-416 Cellar Structures.
[Ord. 1112, 1/19/2010]
Occupancy of a basement or foundation structure prior to the completion of the overall building or structure shall not be permitted.
§ 27-417 Fences and Walls.
[Ord. 1112, 1/19/2010]
Fences and walls may be erected, altered and maintained in context of the following provisions. Said structures shall not need to comply with setback criteria as required by this chapter for accessory structures unless otherwise required. A minimum one-foot minimum setback is recommended for maintenance purposes.
A.
Any such fence or wall in the front yard between the front facade of the principal building and the front lot line shall not exceed four feet in height. To maintain the historic nature of the Borough, no fence or wall in the front yard shall consist of chain-link material and/or a pattern similar to that of a chain-link fence. Unless for security purposes of an industrial use, no barbed wire shall be erected as part of the following fencing requirements. No fence shall be constructed of fabric, junk, junk and/or abandoned vehicles, appliances, tanks, and/or barrels. Fences within front yards shall contain openings therein equal to 50% of the area.
B.
Any fence or wall in the side yard not addressed by the provisions of § 27-417A shall be in accordance with the following: Fences within residential zoning districts shall not exceed eight feet six inches in height. Fences within nonresidential zoning districts shall not exceed 12 feet in height.
C.
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.
D.
Fences shall have a minimum footer of three feet in depth underground for stability and safety.
E.
All yards used for the storage of any material needed for the operation or conduct of a industrial or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence, chain-link fence in conjunction with a screen planting or screen planting on all sides which face upon a street or face upon a lot in any zoning district other than an industrial zoning district.
F.
If the fence is wood cover or wood composite on wood or wood composite frame, the framework must face onto the interior of the lot, unless the fence is so designed as to provide equal frame and cover area to adjoining yards.
G.
If the fence is open metal mesh, supported by posts and frame of either pipe or wood, the posts and frames must be on the interior side of the fence (oriented to the interior portion of the lot).
H.
If the fence is of masonry construction, a finished surface must be provided on the exterior side.
I.
No fence shall be constructed in any public right-of-way.
J.
All fences must meet the intersection visibility requirements set forth in this chapter.
K.
The exterior face of all fencing shall face to the exterior of the lot.
L.
Fences and walls located in the Historic District shall comply with the provisions designated in the Historic and Architecture Review Board Ordinance.
