Mechanicsburg City Zoning Code
PART 5
SUPPLEMENTAL REGULATIONS
§ 27-501 Hazardous Substances.
[Ord. 1112, 1/19/2010]
The temporary or permanent storage and transportation of hazardous waste, as defined in Part 3 herein, shall comply with the following conditions:
A.
All activities that generate, store, use, transport, and dispose of materials and substances regulated by this section shall possess all applicable permits required by the Borough of Mechanicsburg, United States Environmental Protection Agency, Pennsylvania Department of Environmental Protection and any other agency having jurisdiction over such use.
B.
All activities and operations must be in compliance with the provisions of the Pennsylvania Solid Waste Management Act, as amended.[1] Further, such activities shall be in compliance with Pennsylvania Department of Environmental Protection Rules and Regulations, as amended.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
C.
As required by the above-referenced regulations administered by the Pennsylvania Department of Environmental Protection, a copy of the preparedness, prevention and contingency plan shall be maintained at the site and shall be submitted to the local police department, fire departments, hospitals, and emergency response teams that may be called upon to provide emergency services. A copy shall concurrently be filed with the Zoning Officer to verify compliance with this section of this chapter. The plan and copies furnished shall be maintained in current condition as a responsibility of the facility owner.
D.
Unless greater restrictions apply through the agencies identified in Subsection A above:
(1)
No use regulated by this section shall be established:
(2)
In addition to any and all setbacks, screening and landscaping required by this chapter, any use regulated by this section shall also be subject to the following:
(a)
A chain-link fence, a minimum of eight feet in height with at least a one-foot, three-stranded course of outward-slanting barbed-wire extension, shall completely encircle the premises, with any gates locked during nonbusiness hours.
(b)
A buffer yard of 75 feet shall be maintained along all adjoining property lines. No structures, other than an approved fence or an earthen retaining mound, shall be permitted within the buffer yard.
§ 27-502 Fuel Pumps.
[Ord. 1112, 1/19/2010]
Unless otherwise defined by this chapter, fuel pumps and all other service equipment, including canopies, shall be:
§ 27-503 Temporary Construction Trailers or Sheds.
[Ord. 1112, 1/19/2010]
Temporary construction trailers or sheds shall be permitted in all zoning districts, subject to the following conditions:
A.
Temporary construction trailers or sheds shall be permitted only during the period that the construction work is in progress. A permit for the temporary structure shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six months.
B.
Temporary construction trailers or sheds shall be located on the lot on which the construction is progressing and shall not be located within 10 feet of any lot line adjoining an existing residential use.
C.
Temporary construction trailers or sheds shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use.
D.
A temporary construction trailer may be permitted for use as a sales center for residential lots. The maximum gross floor area of such a temporary sales center shall be 500 square feet. A permit for the temporary trailer shall be obtained from the Zoning Officer.
E.
No combustible materials shall be stored in temporary construction trailers or sheds.
§ 27-504 Outdoor Display and Storage.
[Ord. 1112, 1/19/2010]
A.
Except for retail/wholesale landscape centers, building supply, wholesale building material, garden supply stores, hardware/lumber/construction material, auto dealers and similar businesses which require outside storage of materials, the storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of said businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by a fence or hedge which is at least six feet in height and is 100% opaque, unless otherwise defined by this chapter.
B.
Any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or a location otherwise approved by the Borough which screens the display/storage area from public view from the street or from any adjacent residential use.
C.
All organic rubbish and discarded materials shall be contained in tight, verminproof containers which shall be screened from public view by an opaque fence or hedge which is at least six feet in height and achieves 85% opacity.
§ 27-504.1 Community Gardens/Market Gardens.
[Ord. 1112, 1/19/2010]
A.
The following shall be permitted as part of a community garden and/or market garden:
(1)
Greenhouses, hoophouses, cold-frames, and similar structures used to extend the growing season.
(2)
Open space associated with and intended for use as garden areas.
(3)
Signs, limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign.
(4)
Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, chicken coops, beehives, and children's play areas.
(5)
Buildings, limited to tool sheds, shade pavilions, barns, restroom facilities with composting toilets, and planting preparation houses.
(6)
Off-street parking and walkways, in conformance with the regulations of this chapter.
B.
Uses and structures shall be developed and maintained in accordance with the following regulations:
(1)
Location. Buildings shall be set back from property lines of a residential district a minimum distance of five feet.
(2)
Height. No building or other structure shall be greater than 25 feet in height.
(3)
Maximum coverage. Fifteen percent of the garden site lot area.
[Amended by Ord. 1138, 6/17/2014]
(4)
Parking and walkways. Off-street parking shall be permitted only for those garden sites exceeding 15,000 square feet in lot area. Such parking shall be limited in size to 10% of the garden site lot area and shall be either unpaved or surfaced with gravel or similar loose material or shall be paved with pervious paving material. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities.
(5)
Signs. Signs shall not exceed four square feet in area per side and shall not exceed six feet in height.
§ 27-505 Solar Collectors and Solar-Related Equipment.
[Ord. 1112, 1/19/2010]
A.
Solar collectors and solar-related equipment shall be permitted in any zoning district as an appurtenance to a building or as a detached accessory structure. No said systems or equipment shall be erected in a front yard or within the area between a front lot line and the front building facade of the principal building on the lot.
B.
When a solar energy collection system is installed on a lot, accessory structures or vegetation on an adjoining lot shall not be located so as to block the solar collector's access to solar energy. This section shall not be applicable to any ground-mounted collection system and/or related equipment. The portion of the solar collector to be protected is defined by the following:
C.
The above subsection does not apply to accessory structures or vegetation existing on an adjoining lot at the time of installation of the solar energy collection system, or on the effective date of this chapter, whichever is later. The above subsection controls any accessory structure erected on, or vegetation planted in, adjoining lots after the installation of the solar energy collection system. Provisions shall not be applicable to ground-mounted systems and/or related equipment.
D.
A statement that a solar energy collection system is to be installed on a lot shall be filed with the Zoning Officer on the date the zoning permit for the solar system is issued, with the date of installation being the date of recordation. The solar facility must be completed, and the Borough Zoning Officer notified of completion, within one calendar year from the date of permit issuance.
§ 27-506 Wind Energy Conversion Systems.
[Ord. 1112, 1/19/2010]
Windmills, windwheels, or wind energy conversion systems (WECS) shall be permitted in all zoning districts, subject to the following conditions:
A.
No said systems or equipment shall be erected in a front yard or within the area between a front lot line and the front building facade of the principal building on the lot.
B.
The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and located a minimum distance of the tower height plus 10 feet from any occupied dwelling and shall not be more than 75 feet in height or greater than 15 feet over the maximum.
C.
The minimum distance between the tower and any property line shall be not less than twice the height of the tower.
D.
The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.
E.
All electric lines/utility wires shall be buried underground.
F.
Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed by a six-foot fence with screening planting in accordance with this chapter. The supporting structure shall also be enclosed by a six-foot fence, unless the base of the tower is not climbable for a distance of 12 feet.
G.
When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet.
H.
One windmill, windwheel or WECS shall be permitted per lot.
I.
The resultant energy harnessed from the wind shall not be used on property other than that on which located, unless all applicable cogeneration requirements are met.
J.
The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 days.
K.
The applicant shall demonstrate that any noise from the wind generating unit shall not exceed 45 dBA, measured at the property line.
(1)
A "decibel" shall mean a unit for measuring the relative intensity of sounds; more specifically, a unit for expressing the ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.
(2)
"A-weighted sound level" shall mean the total sound level, in decibels, of all sound as measured with a sound-level meter with a reference pressure of 20 micropascals using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as "dB(A)."
§ 27-507 Signage.
[Ord. 1112, 1/19/2010; as amended by Ord. 1125, 9/20/2011; and by Ord. 1129, 6/5/2012]
A.
Purpose.
(1)
The sign regulations, controls and provisions set forth in this chapter are made in accordance with an overall plan and program related to residential and nonresidential uses. The regulations, controls and provisions are intended to guide public safety, area development, preservation of lot values and the general welfare of Mechanicsburg Borough. To maintain the Borough's established historic integrity, within all zoning districts, all proposed signage, whether associated with new development, infill, replacement or redevelopment, shall seek to promote compatibility with existing surrounding development and activity. The regulations, controls and provisions are also intended to:
(a)
Aid in traffic control and traffic safety.
(b)
Lessen congestion of land and air space.
(c)
Establish reasonable standards for nonresidential and other advertising through the use of signs in order to maintain and encourage business activity and economic development.
(d)
Avoid uncontrolled proliferation of signs.
(e)
Recognize the rights of the public in roads, streets, highways and the areas adjacent to those roads (sidewalks), streets, highways and sidewalks.
(f)
Preserve the wholesome and attractive character of the Borough.
(g)
To recognize that the general welfare includes a community plan that shall be attractive as well as healthy and safe, spacious, clean and well balanced in its growth and development.
B.
Sign Packages, Permits and Fees.
(2)
"Modify" shall mean a sign cabinet or sign face replacement because of a change in the nature of the business or a change in the name and/or ownership of a business; or a change to the size, or replacement of supporting structures.
(3)
Zoning Permit Application.
(a)
The zoning permit application shall contain a detailed drawing prepared to scale, including but not limited to all of the following information regarding the sign:
[1]
Type.
[2]
Size.
[3]
Site plan showing proposed location(s) on lot.
[4]
Building elevations showing proposed location of sign.
[5]
All sign dimensions.
[6]
Height of sign.
[7]
Grade level base of sign.
[8]
Sign materials.
[9]
Connections to ground plane (where applicable).
[10]
Color.
[11]
Sources of sign illumination and applicable details of the fixture and screening.
(b)
The Zoning Officer shall review all zoning permits for signs for completeness.
[1]
Applications deemed to be incomplete shall be returned to the applicant with a description of missing and/or incomplete items. This provision shall apply to:
(c)
The application for a permit shall be signed by the landowner and/or developer of the lot. The tenant of the lot, if not the landowner and/or developer, shall be permitted to sign the permit application if the tenant presents notarized evidence that the tenant has permission to act on the landowner's and/or developer's behalf.
(4)
Permits for Signs.
(a)
Failure to conform to the conditions of a zoning permit for a sign, including any conditions and/or stipulations attached thereto, shall render such permit null and void.
(b)
Any permit issued by the Zoning Officer for erection, alteration, replacement or relocation of a sign shall expire automatically within six months of the date of issuance if work authorized by the permit has not been initiated and diligently pursued.
(c)
The Zoning Officer shall issue the required permits upon submission of an application that complies with all applicable provisions of this chapter and payment of the required fee.
(5)
Fees. Fees for zoning permits for signs shall be required and payable in such sums as the Borough Council may from time to time establish by resolution.
(6)
Other Permits and Applications Required for Signs.
(a)
A building permit shall be obtained for any and all commercial sign installation or repair of any kind, including banners.
(b)
A certificate of appropriateness application shall be required to be submitted for any and all sign installation or repairs of any kind if the building is within the boundaries of the Historic Districts.
C.
Nonconforming Signs.
(1)
Legally Recognized Signs.
(a)
Nonconforming signs shall not be enlarged, added to or replaced by another nonconforming sign, except:
[1]
An interchange of content or poster panels shall be permitted.
(b)
Nonconforming signs may be repaired or reconstructed, provided that:
[1]
Structural alterations shall not be made which increase the gross surface area of the sign, however:
[a]
Nonconforming signs which are damaged or destroyed to an extent of more than 75% of their replacement cost at the time of destruction shall not be reconstructed except in conformity with the provisions of this chapter.
(2)
Repair or Maintenance.
(a)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting public safety.
(b)
Any sign lawfully existing at the time of the passage of this chapter that does not conform with the regulations of the zoning district in which such sign is located shall be considered nonconforming and may continue, subject to the following provisions:
[1]
Signs which are nonconforming by reason of their absolute prohibition shall be removed within five years following enactment of this chapter or from any other date of the establishment of their nonconformity.
[2]
Signs which are nonconforming by reason of dimensions may continue in their present location until replacement or rebuilding becomes necessary, at which time a zoning permit will be required and the sign brought into conformity with this chapter.
D.
Procedure.
(1)
Sign Installation.
(a)
All signs shall be installed in accordance with and shall meet applicable Borough of Mechanicsburg building codes, and it the responsibility of the sign owner to so comply. Upon installation, the Zoning Officer (and Building Code Inspector for commercial signs) shall issue a certificate of occupancy.
(2)
Sign Placement.
(a)
No sign shall be placed, erected or located so that:
[1]
It is pasted, stapled or otherwise attached, to public utility poles, trees or official traffic control devices or it is painted on, attached to, or supported by a tree, stone, cliff or other natural object.
[2]
It is on a public lot or public right-of-way, unless erected by a governmental body, or unless required and/or approved to be so located by order of a governmental body.
[3]
It is displayed on a vehicle parked and visible from a public right-of-way unless the vehicle is used for the normal day-to-day operation of a business on the premises. The intent of this provision is to prohibit the use of a sign on a vehicle to circumvent sign limits on the lot.
(b)
Sign fonts and logos shall not be legible from the rear of the sign.
(c)
Building signs in nonresidential zoning districts shall be placed on the front face of the building only, except in instances where the entrance door to the business is on the side or the rear of the building or the building is located on a corner lot. However, no signs in nonresidential zoning districts may face an immediately adjacent residential zoning district.
(d)
Sign location. Except for permitted billboards or off-premises signs, in conformance with this chapter, all signs shall be located on the premises which they are intended to serve.
(3)
Sign Landscaping.
(a)
Ground Signs.
[1]
For each visible sign face, the landowner and/or developer shall provide landscaping equivalent to 1 1/2 square feet for each square foot of sign area (both faces).
[2]
Landscaping shall consist of a combination of deciduous and evergreen trees, ornamental grasses, ground cover and/or small shrubs.
[3]
Turf grass shall not be considered as landscaping for ground signs. The height of any decorative base or architectural or landscape feature erected to support or ornament the sign shall be measured at average grade level of the ground to the top of the sign structure, provided the grade level is not deliberately elevated to increase the height of the sign.
(4)
Sign Size.
(a)
The square footage of the sign shall refer to the graphics area of the sign facing.
(b)
Size of individually mounted letters or logos shall be measured as the area enclosed by the smallest single rectangle or square which will enclose all sign copy and logos.
(c)
Ground signs mounted as individual letters and/or graphics against a wall or fence incorporated in the landscaping of a building shall be measured from the outermost length and height dimensions of the sign.
(d)
Ground signs installed perpendicular to a street may be double faced with the allowable square footage on each face.
(e)
Double-faced signs that are erected at an angle to each other will be subject to the following as to whether they are intended as two signs or for all intents and purposes only constitute one sign:
[1]
For north/south, east/west orientation on the serving street. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.
(f)
Wall signs shall not exceed the width of the front of the building on which it is located and shall not protrude more than 18 inches from the facade on which the sign is mounted.
(g)
Gasoline service stations shall be allotted 10 additional square feet to display price-per-gallon figures, divided as they select between logo and prices on the one ground sign permitted on the lot.
(h)
Automobile dealers are permitted one "used car" ground sign not to exceed 12 feet in height and 10 square feet in area; or the 10 additional square feet can be incorporated into the existing sign to advertise used cars, divided as the sign owner selects.
(i)
Sign copy mounted or painted on an illuminated surface (including awnings) or illuminated architectural element of a building shall be measured as the entire illuminated surface or architectural element which contains sign copy. A nonilluminated sign placed on an awning shall be measured as if it is placed on any other architectural element.
(5)
Sign Maintenance.
(a)
Every permitted sign must:
[1]
Be constructed of durable material, kept in good condition and repair and otherwise comply with the Borough Building Code and Property Maintenance Code.[1]
[a]
If the durability and/or condition of said sign is not repaired or improved within the time specified by the Zoning Officer, the Borough may remove the sign at the expense of the owner or person in possession of the lot on which the sign is located.
[b]
The Zoning Officer will notify the property owner and/or the responsible party with a certified letter prior to any removal action being taken by the Borough, unless the said sign poses an imminent danger to persons or property.
(b)
Any damaged sign shall be repaired within 60 days, unless ordered by the Zoning Officer to be repaired or replaced and/or an imminent danger exists.
(c)
Any sign which has been damaged to such extent or installed in a dangerous manner that it may pose an imminent danger to the public, as determined by the Zoning Officer, shall be repaired or removed immediately by the property owner and/or other known responsible parties.
(d)
Any internally illuminated sign cabinets or sign panels which have been damaged shall remain nonilluminated until repaired.
(e)
Failure to comply with these sign maintenance requirements shall constitute a violation of this chapter.
(6)
Liability.
(a)
The provisions of this section shall not be construed as relieving or limiting in any way the responsibility or liability of any person, firm or corporation, erecting or owning any sign, or resulting from the negligence or willful acts of such person, firm or corporation, or any agents, employees or workmen, in the construction, maintenance, repair or removal of any sign erected in accordance with a zoning permit issued hereunder. Nor shall issuance of such permit be construed as imposing on the Borough or its offices or employees, any responsibility or liability by reason of approval of any signs structural integrity, construction methods, materials, electrical or mechanical devices or other components which shall be the sole responsibility of the person, firm or corporation erecting, owning, repairing or removing such sign.
E.
General Regulations.
(1)
When applicable, a zoning permit (and building permit for commercial signs) shall be required for all proposed signs or modifications to existing signs.
(2)
Signs shall be considered as structures for purposes of location on a property, except that in a front yard between side lot lines they may be placed no closer than 20 feet to an adjacent highway right-of-way line.
(3)
The construction of each sign shall comply with applicable provisions of the Borough of Mechanicsburg's Building Code.
(4)
No sign shall be permitted to hang from or be placed over a second sign except that signs may be placed on, but not extended beyond, any vertical face of a marquee or canopy. This does not exclude separate placards from being independently attached to the same supporting structure as long as the total area of all combined does not exceed the area limitation.
F.
Prohibited Signs.
(1)
Wheeled signs shall not be located on a property abutting any street within the Borough.
(2)
Banners and pennants, other than temporary event or displays and/or flags authorized by this Chapter. Banners used as temporary signs (signs which would be temporary until a permanent sign is installed) are permitted as long as they are secured, not waving or fluttering, comply with maximum size permitted and are erected for no more than 20 consecutive days or removed immediately upon the installation of a permanent sign and shall meet all Borough building codes. National, state or municipal flags shall not be considered a banner or pennant.
(3)
Signs on trees, utility poles or official traffic control devices.
(4)
Signs on/or affixed to vehicles and/or trailers which are parked on a public right-of-way, public lot or private lot, other than temporarily for overnight storage on the sight of a business or for maintenance, repair, loading, unloading or rendering a service at any location, which are visible from the public right-of-way and where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby lot.
(5)
Any sign that obstructs free ingress to or egress from doors, fire escapes, operable windows or denies access to them; nor shall a sign be attached to a fire escape.
(6)
Signs that, by reason of size, location, coloring or manner of illumination, obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads; signs that imitate traffic control devices or signs that make use of words such as "stop," "look," "one way," "danger," "yield," or any similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead, or confuse motorists and/or pedestrians or obstruct sight distances of traffic.
(7)
For lots along Main and/or Market streets in the OT and CMM Districts, ground signs shall not be permitted in the front yard in between the front lot line and the front facade of the principal building if said building is closer than 25 feet to the right-of-way.
(8)
Misleading Information. No sign shall be created which states or implies that a lot may be used for any purpose not permitted under the provisions of the chapter.
G.
Major Types of Permanent Signs. Signs in all zoning districts shall be categorized according to the types described below and shall comply with the requirements for those types described in this section.
(1)
Sign Types.
[Amended by Ord. 1138, 6/17/2014]
Table 6: Sign Types * = Permitted | ||||||
|---|---|---|---|---|---|---|
Type | Residential District | Non-residential Districts | Residential Use | Mixed Use | Non-residential Use | |
1. | Ground | •1 | •1 | • | • | |
2. | Wall | •2 | • | • | ||
3. | Projecting | • | • | |||
4. | Awning | • | • | |||
5. | Window | •1 | • | • | ||
6. | Door | •1 | • | • | ||
7. | Historic Tablet | • | • | • | • | |
8. | Plaque/ Cornerstone/ Nameplate | • | • | • | • | |
9. | Billboards (see § 27-721) | • | ||||
NOTES: | |
|---|---|
1 | Multifamily use (apartment or condo). Institutional uses within residential districts shall be permitted to have a ground sign which does not exceed 20 square feet. |
2 | Townhouse and single-family attached buildings only. |
(a)
For lots along Main and/or Market Street in the OT and CMM Districts, ground signs shall not be permitted in the front yard or in between the front lot line and the front facade of the principal building if said building is closer than 25 feet to the right-of-way.
(2)
Sign Criteria.
(a)
Illuminated window signs shall include lighted signs placed inside a window facing the exterior of the building. A zoning permit shall be required for illuminated window signs.
[1]
Illuminated window signs shall not be placed above the ground floor of the building and/or more than 10 feet above grade level of the building.
[2]
Illuminated window signs shall not exceed a size of 16 square feet. Anything exceeding this size shall be deemed the building sign to which the business is entitled. Any combination of illuminated window signs grouped in an area not to exceed 16 square feet will be permitted.
(3)
Off-Premises Signs.
(a)
Off-premises advertising sign structures, including billboards, poster panels, bulletins, and the like may be erected and maintained in the industrial district subject to the following regulations:
[1]
No such structure shall contain more than two advertising sign facings.
[2]
Off-premises advertising sign structures shall not exceed a total of 300 square feet in surface area.
[3]
No off-premises advertising sign shall be permitted to be erected within five feet of an adjoining residential zoning district if the sign face is visible from and designed to face into such zoning district.
(4)
Public utility signs required in connection with the identification, operation, or protection of a public utility, provided the area of one side of any such sign shall not exceed eight square feet.
(5)
See § 27-507J(2)(d) for regulations on temporary event/display signs.
(6)
Sign Criteria.
Table 7: Sign Criteria — Residential Zoning Districts | ||||||
|---|---|---|---|---|---|---|
Type | Maximum Square Footage (square feet) | Maximum Signs per Street Frontage | Time Limit | Illumination | Content | |
Residential | ||||||
1. | Sale or rental advertisements | 6 | 1 | 7 days of final sale or rental | None | Name of person effecting the sale or rental |
2. | Sale or development advertisement | 20 | 1 | None | None | None |
3. | Location and direction to development | 4 | 1 per 500 feet of street frontage, 5 maximum | None | None | None |
4. | Private no trespassing | Area of one side maximum 2 square feet | None | None | None | None |
5. | Schools, churches, libraries, or other institutions of like nature | 30 | 1 | None | None | None |
6. | Home occupation identification | 4 | 1 | None | Lighting shall be shielded or indirect; neon signs prohibited | Brief description of services offered and shall not contain specific product brand names or trademarks |
7. | Official signs instituted by government | None | None | None | Only traffic control or safety devices | None |
(a)
For a nonresidential use, permitted nonresidential signs in a residential district shall comply with the provisions of those for nonresidential signs.
Table 8: Sign Criteria — Nonresidential Zoning Districts | |||||
|---|---|---|---|---|---|
Type | Maximum Square Footage (square feet) | Maximum Height/Clearance | Maximum Quantity | Maximum Quantity-Upper Level | |
Nonresidential Districts | |||||
1. | Ground | 24 | 12 feet, though shall not exceed the height of the lowest roof line | 1 | None |
2. | Wall | 2 maximum for each foot of width of the front of the building wall or width of that portion of such wall devoted to such establishment (shall not exceed 15% of the total wall area) | None | 1 wall and 1 projecting or 1 wall and 1 awning | 1 ground and 1 awning or 1 wall and 1 awning |
3. | Awning | 18 | Shall not be less than 10 feet above sidewalk or finished grade; shall not project from the building more than 5 feet | None | None |
4. | Projecting | 8 | None | None | 1 projecting or 1 awning |
5. | Window | Street level: less than 50% glazed area or 10 square feet (whichever is less) Upper level: less than 20% glazed area or 8 square feet (whichever is less) | None | 2 | 2 |
6. | Door | 6 | None | 1 | 1 |
7. | Historic tablet | 1.5 | None | 1 per street facade | None |
8. | Plaque | 4 | None | 2 per building | None |
H.
Minor Types of Permanent Signs.
(1)
The following types of signs are considered minor and are permitted for all land uses and within all zoning districts of the Borough:
(a)
Legal and/or lot notice signs.
[1]
Signs bearing legal and/or lot notices such as: no trespassing, private property, no turnaround, safety zone, no unauthorized hunting and similar messages and signs posted by a governmental agency or traffic control or the safety of the general public.
[2]
The number, location and size of legal notification signs erected by public agencies shall be in accordance with the laws of the commonwealth. Legal notification signs posted on a private lot by the landowner and/or developers such as "no trespassing," "no hunting" and the like shall be limited to a surface area not exceeding two square feet. The placement and maximum notification signs permitted along a property line shall be one sign for every 100 feet of property line length.
[3]
Service signs, a sign which is incidental to a use lawfully occupying the property upon which the sign is located which sign is necessary to provide information to the public such as direction to parking lots, location or rest rooms, or other such pertinent information.
[4]
Legal and/or lot notice signs shall not apply to the permitted signage allotment outlined in this chapter.
(b)
Memorial/historical plaques. Commemorative plaques placed by a recognized agency of the Borough, county, state or federal government.
(c)
Governmental signs. Signs erected by a governmental agency, including street signs and official traffic signs.
I.
Minor Types of Portable Signs.
(2)
Provisions for Use.
(a)
Portable advertising sign (zoning permit needed).
[1]
Portable advertising signs shall be permitted as an accessory sign, provided that they are clearly accessory to the nonresidential principal use.
[2]
One portable advertising sign shall be permitted for each store front.
[3]
Portable advertising signs shall not exceed 15 square feet (including both sides).
[4]
Portable advertising signs shall not exceed four feet in height.
[5]
Portable advertising signs shall be nonilluminated.
[6]
Portable advertising signs shall be removed during nonbusiness operating hours.
[7]
Portable advertising signs shall not block required clear space or areas needed for pedestrian and/or vehicular circulation. There shall be five feet of sidewalk clear space for pedestrian traffic.
[8]
A portable advertising sign shall not block ingress or egress from any door, operable window or fire escape or deny access to them.
[9]
Portable advertising signs shall be placed against the exterior front wall of the property.
[10]
Lots with front yards or parking lots between the building and the street shall place the portable sign between the building and sidewalk, not on the sidewalk, and meet all other requirements of this chapter.
[11]
Portable advertising signs shall not be placed within five feet of any vehicular roadway.
[12]
The placement of portable advertising signs shall meet all Americans with Disabilities Act standards and requirements.
(b)
Flag Signs.
[1]
National, state or municipal flags of any size shall be permitted in all zoning districts.
[2]
Flag signs shall be permitted in all nonresidential zoning districts as minor portable signs in strict compliance with the following requirements:
[a]
Flag signs shall be permitted as an accessory sign, provided they are clearly accessory to the nonresidential principal use.
[b]
Only one flag sign shall be displayed for each principal nonresidential use on the tract. For the purposes of this requirement, commercial enterprises under separate ownership within the same building shall be considered separate uses.
[c]
Flag signs shall be inserted on a wall mount properly affixed to the building within which such use is conducted.
[d]
The lowest portion of any flag sign projecting or hanging no less than seven feet above the public sidewalk or grade.
[e]
Flag signs shall not extend more than six feet from the facade of the structure or extend into a vehicular roadway, whichever is less.
[f]
All parts of flag signs, inclusive of flags, poles, staffs and all wall mounts and hardware, shall be maintained in a proper and safe condition so as not to constitute a hazard to persons or property.
[g]
Flag signs may be displayed only during business hours.
J.
Temporary Signs. The following classes of temporary signs are permitted for all land uses and within all zoning districts:
(2)
Provisions for Use of Temporary Signs.
(a)
Real estate sign (no zoning permit needed).
[1]
One nonilluminated temporary real estate sign shall be permitted on each lot, provided that the real estate sign shall not exceed a total of 12 square feet in surface area calculated for all faces when located on a lot with any residential use and shall not exceed 32 square feet calculated for all faces on any other lot.
[a]
Such sign shall be removed within 14 days of the sale or rental of the lot on which it is located.
(b)
Development sign (no zoning permit needed).
[1]
One nonilluminated temporary development sign shall be permitted on each lot, provided that the surface area of the sign shall not exceed 32 square feet in surface area calculated for all faces.
[a]
The development sign shall not exceed six feet in height when located on a lot with any residential use and shall not exceed 10 feet in height on any other lot.
[b]
Such development sign shall be removed within 14 days of the sale or rental of the last lot or completion of the proposed construction in the development.
(c)
Construction Signs (no zoning permit needed).
[1]
Two nonilluminated temporary construction signs announcing the names of contractors, mechanics, artisans and other associated supporting entities engaged in performing work on the premises shall be permitted on a lot, provided that:
[a]
Each construction sign shall not exceed 32 square feet in area calculated for all faces.
[b]
The construction signs shall not be placed before work commences and shall be removed within 14 days of the completion of the work.
[c]
The establishment wishing to display such construction signs shall contact the Zoning Officer prior to displaying, to give notice of the intent and the period during which the construction sign will be displayed.
(d)
Temporary Event/Display Sign (zoning permit needed).
[1]
One nonilluminated temporary event/display sign, as defined by this chapter, shall be permitted, provided that:
[a]
A nonilluminated temporary event/display sign may be erected on the face of the lot's principal structure, provided that the area of the signs shall not exceed 32 square feet.
[b]
A nonilluminated temporary event/display sign is not displayed for a period longer than 30 days and is removed immediately following the event that it is erected to promote.
[c]
Landowners may place a nonilluminated temporary event/display sign in the public right-of-way and/or the front yard portion of their property, provided such signs do not interfere with motorist or pedestrian visibility or safety, and the sign is otherwise not of a type restricted by this chapter.
[2]
Portable signs shall be permitted as a temporary event/display sign and shall meet all following requirements:
[a]
One total portable sign shall be permitted for each lot.
[b]
Portable signs shall not exceed 15 square feet (including both sides).
[c]
Portable signs shall be nonilluminated.
[d]
Portable signs shall not block required clear space or areas needed for pedestrian and/or vehicular circulation.
[e]
Signs placed on sidewalks shall not be placed within five feet of a vehicular roadway.
[f]
Signs shall be placed so there is a minimum of five feet clearance of travel on sidewalks for pedestrian traffic.
[g]
Signs shall not block ingress or egress from any door, operable window or fire escape or deny access to them.
[h]
Signs shall not exceed four feet in height.
[i]
Any temporary event/display sign placed on public property is prohibited without the consent of the governing body.
[j]
All temporary event/display signs must list the owner or organization that is responsible for the signs. The name, address and phone number shall be placed legibly on the back of said sign.
[k]
Any temporary event/display sign found to be in violation, where the sign is placed on public property, will become the property of the Borough and be removed and disposed of at the expense of the person or organization that placed the sign and/or the property owner on which the sign is located.
[l]
Organizations, businesses, or landowners and/or developers or any other persons found violating the provisions set forth within this section will forfeit their right to be issued a zoning permit for a temporary sign for a period of one year commencing from the date said violation is found to have occurred.
K.
Additional Sign Provisions.
(1)
Visibility. Signs in all zoning districts shall be located in such a position that they will not cause a hazard by obstructing visibility or distracting motorists, obscure a traffic signal or other traffic control device, or be placed in such a manner as to cause a hazard to pedestrians.
(2)
Illumination.
(a)
Illumination, when authorized by this chapter, shall be directed upon the sign face and not towards adjoining lots or streets so that the source of illumination is not visible.
(b)
Internal illumination of signs shall be permitted only in accordance with the lighting performance standards set forth in § 27-909, Glare, of this chapter.
(c)
Signage lighting which is placed on the front of any property fronting a street inside the Borough shall be stationary and constant in intensity and color at all times as not to cause motorist or pedestrian distraction.
(d)
Electronic variable message signs, meaning an electronically activated sign whose message content, either in whole or in part, may be changed by means of electronic programming, shall not be permitted to be placed at the front or side of any property fronting a street within the Borough, and when in conformance with this chapter shall be the same image or content without change for a period of 24 hours, with the exception of time and temperature displays. See also § 27-909, Glare.
(e)
The intensity of any source of illumination of any sign, whether indirect or internal, shall be controlled so as to not create glare and to be compatible with the intensity of ambient light and illumination on surrounding lots from dusk to dawn.
(3)
Removal of Signs.
(a)
Whenever any business, activity or product on a lot is discontinued, vacated or no longer sold, all signs relating to the discontinued or vacated business shall be removed within 30 days of the vacation or discontinuance of the business or activity. The zoning permit shall become null and void when a business, activity or product on a lot is discontinued, vacated or no longer sold.
(b)
If the landowner and/or developer fail to remove the sign by the end of the 30 days from the permit expiration date, the Borough shall be permitted to remove the sign at the landowner's and/or developer's expense.
§ 27-508 Hours of Operation.
[Added by Ord. 1138, 6/17/2014]
A.
On-site activities shall be appropriately located, scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses so as not to violate the noise standards of Mechanicsburg Borough.
B.
Nonresidential Uses. Nonresidential uses shall comply with the following regulations:
(1)
Hours of operation limitations.
(a)
Residential zoning districts. In accordance with times identified as part of the Mechanicsburg Borough Code and/or related Borough requirements, a nonresidential use shall be permitted to operate or be open to the public or patrons. Additionally, the following on-site activities shall be controlled:
(b)
Other zoning districts.
[1]
For properties adjoining a principal residential use.
[a]
In accordance with times identified as part of the Mechanicsburg Borough Code and/or related Borough requirements, a nonresidential use shall be permitted to operate or be open to the public or patrons. Additionally, the following on-site activities shall be controlled:
[b]
The ZHB may permit a nonresidential use to operate or be open to the public or patrons beyond times identified as part of the Mechanicsburg Borough Code and/or related Borough requirements by special exception pursuant to this chapter relating to special exceptions[1] in Zoning Hearing Board's functions. The sole criteria for special exception approval for such hours shall be whether the proposed hours of operation would cause a significant nuisance to residents of the adjoining principal residential use, considering noise and other nuisances.
(c)
The hours of operation limitations referenced in the subsections above shall not prevent persons from working on the premises during such hours, such as for office work, cleaning, or stocking shelves.
(d)
Except as prohibited in the subsections above, twenty-four-hour operations are permitted by state law to the extent they are not detrimental to the health, safety, and welfare of the community. If such finding shall be made by the Borough based upon incident history, the hours of operation for any such use may be restricted.
(2)
Hours of operation and management plan. For a nonresidential use, an hours of operation and management plan shall be submitted, demonstrating how the on-site activities are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption. The hours of operations and management plan shall include the following, unless the Borough Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(a)
Address of the premises of proposed use, including tax parcel identification number.
(b)
Name and general and specific type of the proposed use (e.g., commercial use, retail sales).
(c)
Name and related contact information of the owner, on-site manager, or other authorized agent of the proposed use and the lot [e.g., telephone number(s), email address, etc.].
(d)
The nature of the on-site activities and operations involved in the proposed use (e.g., the type of products, materials, equipment, processes, etc.).
(e)
Estimated number of employees, patrons, or occupants, including per shift and maximum permitted occupancy, as applicable.
(f)
The gross floor area of the building(s) and gross area of the lot devoted to the proposed use.
(g)
General description of the land uses adjacent to the property within 200 feet of the subject lot's lot line.
(h)
Vehicles and traffic associated with the proposed use (e.g., employees and customers'/occupants' deliveries, loading, etc.).
(i)
Hours and days the proposed use will be open or operating including any expected special events, as applicable.
(j)
Evidence that the disposal of trash, refuse, or rubbish will be accomplished in a manner that complies with Borough of Mechanicsburg, county, state, and federal regulations.
(k)
A discussion of any likely possible impacts/problems the proposed use may cause (e.g., traffic, odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impact problems.
§ 27-509 Outdoor Storage.
[Added by Ord. 1138, 6/17/2014]
A.
Outdoor storage shall not be permitted in residential zoning districts and mixed use zoning districts.
B.
Outdoor storage within a commercial zoning district shall not exceed 50% of a lot, shall be within a completely enclosed structure and provided with 85% opaque screening.
C.
Outdoor storage within an industrial zoning district shall be within a completely enclosed structure and provided with 85% opaque screening.
D.
Outdoor storage shall not occur between the front facade of the principal building on the lot and the front lot line of said lot.
§ 27-510 Delivery Plan.
[Added by Ord. 1138, 6/17/2014]
This plan shall illustrate:
A.
All lot ingress and egress locations.
B.
All building ingress and egress locations.
C.
Number and location of loading spaces.
D.
Size of loading spaces.
E.
Location of setbacks and landscaping.
F.
Evidence of forward motion. Loading facilities must be designed so that vehicles enter and exit the site in a forward motion.
G.
In order to control dust and mud, all loading areas must be surfaced in conformance with Borough standards.