Mount Joy City Zoning Code
ARTICLE VIII
General Regulations
§ 270-111 Street frontage; number of uses or buildings; minimum size of dwellings.
A.
Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Borough by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 240, Subdivision and Land Development. In the case of townhouses, manufactured/mobile home parks or apartments, each unit may have access onto a parking court, which then has access onto a public or private street meeting Borough standards.
B.
Number of principal uses and principal buildings per lot.
(1)
A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(a)
For example, if Use No. 1 requires a one-acre lot area and Use No. 2 on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of two acres.
(b)
The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.
(c)
The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' association, may be established if the applicant proves, to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place.
(2)
A lot within a residential district shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.
(a)
A manufactured/mobile home park, condominium residential development, apartment development, or retirement community may include more than one principal building per lot, provided all other requirements of this chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves, to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
(b)
A retirement community may include more than one principal use per lot, provided all other requirements of this chapter are met.
C.
Minimum size of dwellings. Each dwelling unit shall include a minimum of 500 square feet of enclosed, habitable, indoor, heated floor area, which shall be primarily above the ground level.
§ 270-112 Height exceptions.
The maximum structure height specified for each district shall not apply to antennas that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 270-32.
§ 270-113 Special lot and yard requirements; sight clearance; buffer yards.
A.
In general.
(1)
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, nonimpervious areas and off-street parking areas.
(2)
Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. For a corner lot, the minimum side yard depth abutting a public street shall be equal to the minimum depth of the front yard.
(2)
Projections into required yards.
(a)
Cornices, eaves, awnings, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leads, chimneys, Bilkotype doors for basement access, window awnings, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.
(b)
Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.
(3)
Front yard setback exception. In any district within a block containing a lot proposed for a construction or expansion of a building, where 50% or more of the improved lots on such block frontage currently have front yards of less depth than is currently required for that district, and where the clear majority of such lots are already developed, the average of such existing front setbacks shall establish the minimum front yard depth for the remainder of the frontage.
C.
Sight clearance at intersections. See the applicable provisions of Chapter 240, Subdivision and Land Development.
D.
Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations. In cases where the buffer yard standards in this chapter differ from the buffer planting requirements of Chapter 240, Subdivision and Land Development, the more stringent requirement shall apply.
(1)
Buffer yard width. Buffer yards shall have a minimum width of five feet, unless a larger width is required by another provision of this chapter.
(2)
When required. Buffer yards shall be required in the following situations and where otherwise required by this chapter:
Buffer Yard to be Provided by the Following: | When the Use Providing the Screening and Buffer is: | |||
|---|---|---|---|---|
a. | Along side and rear lot lines of any newly developed or expanded: | Abutting or across an alley from an existing dwelling within a residential district and visible from such dwelling, or abutting an occupied existing primarily residential use, regardless of whether the dwelling is within a residential district | ||
(1) | Principal commercial or industrial use | |||
(2) | Area of four or more new off-street parking spaces | |||
(3) | Outdoor industrial storage or loading area | |||
(4) | Area routinely used for the overnight parking of two or more tractor-trailer trucks | |||
b. | Along front lot lines of any newly developed or expanded: | Abutting and visible from a public street | ||
(1) | Outdoor industrial storage or loading area | |||
(2) | Area routinely used for the overnight parking of two or more tractor trailer trucks | |||
(3) | Area of four or more new off-street parking spaces | |||
(3)
Location of buffer yards.
(a)
The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable.
(b)
Plants needed for the visual screen shall not be placed within an existing street right-of-way. However, deciduous trees may be permitted by the Borough to be placed within a street right-of-way.
(c)
The buffer yard may include areas within a required front yard, side yard or rear yard or a paved area setback area, provided the larger yard requirement shall apply in case of overlap.
(4)
Characteristics of buffer yards.
(a)
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
(b)
As a special exception use, the applicant may prove to the satisfaction of the Zoning Hearing Board that an alternative method of screening will satisfactorily avoid conflicts between uses and provide an attractive appearance. For example, the Board may approve a decorative brick wall to be placed between a loading area and an abutting street.
(c)
Fence. Any fence in a buffer yard shall be placed on the inside of any required plant screening.
(5)
Plant screen.
(a)
Each buffer yard shall include a planting screen of trees or shrubs extending the length of the lot line.
(b)
Each planting screen shall meet the following requirements:
[1]
Plant materials needed to form the visual screen shall have a minimum height when planted of three feet. An initial height of two feet may be used where a parking area is intended to be visible from a street for security purposes. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the ground level, shall be placed for each 40 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.
[2]
The plant screen shall be placed so that, at maturity, the plants will not obstruct a street or sidewalk.
[3]
The plant visual screen shall be interrupted only at:
[4]
American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements.
[5]
Evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.
(c)
Buffer yards shall primarily include evergreen plant screening.
(6)
Buffer yard plans.
§ 270-114 Landscaping.
A.
Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover and shall be landscaped with trees and shrubs. Landscaped areas shall be kept free of debris, rubbish and noxious weeds.
C.
Street trees. As part of the creation of a new lot or the construction of a new principal nonresidential building or development or parking area for six or more parking spaces, deciduous shade street trees shall be planted between such lot lines, building and/or parking area and any adjacent public street(s).
(1)
Number. A minimum average of one such tree shall be planted for each 40 feet of length of street right-of-way around the lot.
(2)
Location. Where permitted by the Borough and/or PennDOT, such trees shall be placed within the street right-of-way. If planting within the street right-of-way is not approved, then such trees shall be planted with the trunk on private property immediately outside of the street right-of-way.
(3)
Standards. Such street trees shall meet any applicable Borough street tree or shade tree standards and shall be planted in a manner approved by the Borough Engineer to avoid conflicts with sidewalks and utilities.
(4)
Buffer. Where shade trees may be required under the buffer yard provisions, the same tree may be used to count towards both requirements.
(5)
Existing trees. Along street segments where existing healthy street trees will be preserved and protected during construction, new street trees shall not be required.
D.
Parking lot landscaping.
(1)
One deciduous tree shall be required for every 10 new off-street parking spaces.
(2)
If a lot will include 20 or more new parking spaces, landscaped areas shall be provided within the parking area. Otherwise, the trees may be planted around the parking area.
(3)
Trees required by this section shall meet the following standards:
(a)
Type of trees permitted. Required trees shall be chosen from the Borough's official list of approved street trees, unless the applicant proves to the satisfaction of the Zoning Officer that another type of tree would shade paved areas, be resistant to disease, road salt and air pollution and be attractive.
(b)
Quality of trees. Required trees shall be of symmetrical growth and free of insect pests and disease.
(c)
Minimum size. The trunk diameter (measured at a height of six inches above the finished grade level) shall be a minimum of two inches or greater.
E.
Landscaping maintenance. All shade tree, buffer yard and other landscaping required by this chapter shall be perpetually maintained by the property owner. Any landscaping needed to meet a chapter requirement that dies, is removed or is severely damaged shall be replaced by the current property owner as soon as is practical considering growing seasons, within a maximum of 150 days.
F.
Review and approval. Where landscaping is required by this chapter, the applicant shall submit a site plan showing proposed initial sizes, locations and species of plantings. Such landscaping plan shall be provided to the Borough Planning Commission for review. Within 45 days of such submittal, the Planning Commission should advise the Zoning Officer regarding whether the landscaping plan meets the requirements of this chapter. The Zoning Officer shall then determine compliance with the landscaping provisions of this chapter. The Planning Commission may also provide advisory recommendations to the applicant concerning landscaping.
§ 270-115 Nonconformities.
A.
Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
B.
Continuation. A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners. Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
C.
Expansion of or construction upon nonconformities.
(1)
Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided that:
(b)
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c)
Extension along a nonconforming setback. If an existing building has a lawfully nonconforming building setback, additions may occur to increase the height above such setback or to extend other portions of the building out to the nonconforming side or rear setback line, provided that:
[1]
The structure shall not be extended beyond the existing nonconforming setback line.
[2]
No additional nonconformity shall be created.
[3]
The new nonconforming extension shall not be greater than 25% of the existing floor area.
[4]
All other requirements of this chapter shall be met.
[5]
Such addition shall not be permitted for a nonresidential building that abuts an existing primarily residential use.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot. New permitted structures for a single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot of record held in single and separate ownership as a permitted by right use if minimum setback requirements are met.
(b)
Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.
(3)
Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(a)
An expansion of more than 25% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b)
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c)
The total building floor area used by a nonconforming use or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 50% beyond what existed in the nonconforming use at the time the use first became nonconforming.
[1]
The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(d)
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted by right use, provided that:
(5)
Nonconforming sign. The provisions of this chapter shall not be interpreted to provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
D.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2)
A nonconforming use may be changed to a different nonconforming use only if permitted as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3)
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck traffic).
(b)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances and explosive hazards.
(c)
Amount and character of outdoor storage.
(d)
Hours of operation if the use would be close to dwellings.
(e)
Compatibility with the character of the surrounding area.
(4)
A nonconforming use shall not be changed to a nonconforming adult use.
G.
District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
§ 270-116 Screening of waste containers.
A.
Any newly placed solid waste dumpster shall be screened on at least three of four sides as necessary to screen views from public streets and dwellings.
B.
Such screening shall consist of decorative masonry walls, mostly solid weather-resistant wood fencing, fencing of a similar appearance, or primarily evergreen plantings.
C.
Setback from dwellings. To the maximum extent feasible, as determined by the Zoning Officer, an outdoor solid waste container with a capacity of over 15 cubic feet shall be kept a minimum of 20 feet from the walls of a dwelling on an abutting lot.
D.
If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this section.
E.
This section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises. Outdoor bulk containers of over 15 cubic feet of capacity for the storage of cardboard or paper for recycling shall still be screened, but shall not be required to meet the setback requirements of Subsection C.
§ 270-117 Historic buildings and historic preservation provisions.
A.
Additional uses within rehabilitated historic buildings. Section 270-46 permits certain additional uses within the LI and CI Districts within rehabilitated historic resources by special exception. To be eligible for these uses, the applicant shall prove the following to the satisfaction of the Zoning Hearing Board that:
(1)
The affected building is a historic resource; and
(2)
A registered architect with substantial experience in the rehabilitation of historic buildings provides a written certification that the exterior of the building as visible from public streets will be historically rehabilitated in conformance with the Secretary of the Interior's Standards for Historic Rehabilitation and accompanying guidelines published by the National Park Service, and that any exterior repairs, alterations and additions visible from a public street will be in conformance with such standards and guidelines.
B.
Historic preservation requirements.
(1)
Purpose. The purpose of this section is to:
(a)
Provide a mechanism to discourage thoughtless and unnecessary destruction of valuable historic resources;
(b)
Provide a mechanism that allows interested parties an opportunity to encourage a property owner to consider alternatives to demolition, such as sale to another person, movement of the building or rehabilitation;
(c)
Provide opportunities for historic resources to be documented before they may be demolished; and
(d)
Seek that historic features be salvaged before demolition.
(2)
Applicability.
(a)
All of the provisions of the applicable underlying zoning districts shall continue to apply in addition to the provisions of this section. In the event of a conflict between the provisions of this section and the underlying zoning district, the provisions of this section shall apply.
(b)
Covenents and easements. It is not the intent of this section to repeal, abrogate, or impair any existing easements, covenants or deed restrictions.
(3)
Demolition, removal, or relocation of historic resources.
(a)
Demolition, removal or relocation of a historic resource shall be regulated in accordance with this section. No historic resource shall be partially or entirely demolished, removed or otherwise relocated without receiving a conditional use approval from the Borough Council and a zoning permit issued by the Zoning Officer under the provisions of this section, except for emergency demolitions. Emergency demolitions to protect the health, safety and welfare of the citizens of Mount Joy Borough are regulated under the Property Maintenance Code, codified as Chapter 195 of the Mount Joy Borough Code, and the UCC, and the provisions of these codes shall take precedence over the provisions contained in this section.
(b)
Conditional use application.
[1]
Applications for a conditional use for demolition, removal or relocation of a historic resource shall be made in accordance with Article I.
[2]
Criteria for review. Applicants for a permit to demolish, remove, or relocate a historic resource in whole or in part must provide, as part of their application, a written statement as to whether the following statements are correct and provide detailed substantiation for each statement which is believed to be correct. In each instance, the burden of proof is on the property owner to demonstrate that the property owned has been deprived any profitable use of the relevant lot as a whole. The decision of the Borough Council shall be based upon a review of the information submitted by the applicant against all criteria and not any one criterion. The goals and development objectives of the Borough shall also be considered. The criteria for review shall be as follows:
[a]
It is not feasible to continue the current use of the building.
[b]
Other uses permitted within the underlying zoning district, either as permitted by right uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building or structure.
[c]
Adaptive use opportunities do not exist due to constraints related to the building, structure, or property.
[d]
The building, its permitted uses, and adaptive use potential does not provide a reasonable rate of return, based on a reasonable initial investment. Such reasonable rate of return shall be calculated with respect to the property taken as a whole.
[e]
The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
[f]
The demolition will not adversely affect the character of the property, streetscape, neighborhood or community.
[g]
A proposed new building, structure or use (if applicable) on or of the property will not adversely affect the character of the streetscape, neighborhood or community.
[h]
The building is structurally unsound.
[i]
The denial of the demolition would result in unreasonable economic hardship to the owner. Forms for the determination of economic hardship are available at the municipal office.
[j]
Sale of the building or structure is impossible or impractical.
[k]
Denial of demolition will deprive the property as a whole of all beneficial use.
(c)
Associated land development plans. If application for a permit for demolition, removal or relocation of a historic resource is being requested to facilitate future development of the land, then said permit shall not be issued until the following additional requirements have been satisfied:
(d)
Pre-demolition requirements. In those instances where an application for demolition is approved, the building(s) to be demolished shall be historically and photographically documented in a manner set forth as part of the conditional use decision. The extent of documentation will be determined by the significance of the building(s). If no requirements are set forth in the conditional use decision, the documentation shall be conducted in accordance with guidance from the Pennsylvania Historical & Museum Commission. When documentation is complete the building shall be dismantled and any dismantled materials should be salvaged for reuse to the greatest extent possible.
(e)
Denial of demolition. If an application for demolition, removal or relocation has been denied, the applicant may appeal the decision of Borough Council to the Court of Common Pleas in accordance with the MPC.
(4)
Demolition of historic resources by neglect.
(a)
General requirements. Demolition by neglect is defined as the absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation under the Borough Property Maintenance Code.
[1]
Codes violations. If the Zoning or Codes Enforcement Officer has cited a property owner of a historic resource for conditions that has or could lead to structural weakness, decay or deterioration in a building or structure and the property owner fails to correct the condition(s) in the time specified, the property owner may be cited for demolition by neglect under these provisions and be subject to the penalties contained herein. Enforcement notices shall be issued in accordance with § 270-6.
[2]
The owner of unoccupied principal or accessory buildings or structure that has been cited for violations shall develop a written maintenance program for the protection of any and all unoccupied historic resources. Said maintenance program shall be established in accordance with the Mount Joy Borough Property Maintenance Code. A copy of the maintenance program shall be filed with the Zoning and Codes Enforcement Officer(s) and implementation begun in accordance with an established timetable.
[a]
The maintenance program shall address measures to assure that structural components are protected and reinforced to stabilize and maintain the essential form of the building and structure. Structural features requiring stabilization include, but may not be limited to: roof, chimney(s), cornice, soffit, fascia, spouting, columns, beams, posts, as well as window and door sills, lintels and jambs.
[b]
The exterior and interior of the building or structure may be inspected annually by the Zoning or Codes Enforcement Officer with the owner or the owner's agent to determine code compliance with the established maintenance program.
(5)
Demolition, removal or relocation of potentially historic structures.
(a)
Legislative intent. A waiting period is established to allow potentially historic structures to be historically and photographically documented prior to demolition.
(b)
Permit procedure.
[1]
An applicant must make application for a zoning permit for the demolition of a potentially historic structure in accordance with Article I.
[2]
The Zoning Officer shall wait a minimum a 45 days after receiving a complete valid application for the demolition before issuing a permit for the demolition.
[3]
Within 10 days after receiving a complete valid application for demolition of a potentially historic structure, the Zoning Officer shall post notice at the property indicating the pending application and the date of expiration of the waiting period. The Zoning Officer may provide notification to other interested parties, by posting on the Borough's publicly accessible website and/or announcement at a public meeting of Borough Council.
[4]
Emergency demolitions to protect the health, safety and welfare of the citizens of Mount Joy Borough are regulated under the Property Maintenance Code, codified as Chapter 195 of the Mount Joy Borough Code, and the UCC, and the provisions of these codes shall take precedence over the provisions contained in this section.
(c)
Documentation. Prior to issuance of the permit, the applicant shall grant reasonable access to the property for historic and photographic documentation of the potentially historic structure by a nonprofit organization established for preservation of historic records.
§ 270-118 Access management.
Curb cuts and new driveways and access drives shall be limited on both sides of Main Street. In order to reduce the number of new curb cuts, driveways and access drives, applicants shall implement one of the following requirements:
A.
Provide vehicular access to parking areas from streets or alleys other than Main Street, such as from the rear of the property or the side street for a corner lot.
B.
Provide shared vehicular access between two or more adjoining land uses that make use of only one shared access drive onto Main Street. A shared access drive shall be located no less than 200 feet from the nearest access drive or street intersection, measured from centerline to centerline.