New Freedom City Zoning Code
ARTICLE III
District Regulations
§ 225-301 Districts and boundaries.
A.
B.
Boundaries of districts. Where uncertainty exists as to the boundaries of the districts as shown on the Zoning Map, the following rules shall apply.
(1)
Boundaries indicated as approximately following the center line of streets, highways, or alleys shall be construed to follow such center line.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.
(4)
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(5)
Boundaries indicated as following utility lines or rights-of-way shall be construed to be centered upon such lines or rights-of-way.
(6)
Boundaries indicated as approximately following the center line of streams, rivers, or other bodies of water shall be construed to follow such center line.
C.
Lots split by boundaries of districts. If a lot is split by a zoning boundary, the minimum lot area and lot width for the district in which the principal building, structure, or use is to be located shall be applicable to the entire lot.
§ 225-302 Use regulations.
A.
Uses permitted. The uses permitted in the districts established by this chapter and the permitted extent of these uses are as shown in §§ 225-303 through 225-308. The uses shown as permitted in each district are the only uses permitted in that district. Unless otherwise noted, the use or dimensional standards are the requirements for each use. However:
B.
All other uses. Any use not specifically allowed elsewhere in this chapter shall be allowed by special exception in the district or districts where, and to the extent that, similar uses are permitted or allowed by special exception, provided that said use meets the requirements for a special exception and does not constitute a public or private nuisance.
C.
Accessory uses and structures. Accessory uses and structures shall be permitted in conjunction with the principal uses permitted by this chapter and shall be further subject to the requirements for accessory uses and structures as set forth in Article IV.
D.
Uses with nuisance effect. In no case is a use permitted which by reason of noise, dust, odor, appearance, or other objectionable factor creates a nuisance, hazard, or other substantial adverse effect upon the reasonable enjoyment of the surrounding property unless otherwise allowed by law, as in the case of agricultural security areas.
E.
Existing and proposed uses. Where a proposed use is to be located adjacent to or near an existing use, the existing use, as long as such existing use is determined to be legal, shall not be considered a nuisance.
F.
Site design. The layout and design of any subdivision or land development plan shall be consistent with current principles and practices of modern site planning and development. In accordance with Section 503(5) of the Pennsylvania Municipalities Planning Code,[1] the Borough reserves the right to alter site plans that do not conform with such principles and practices or that do not meet the design provisions of Chapter 194, Subdivision and Land Development.
[1]
Editor's Note: See 53 P.S. § 10503(5).
G.
Underground utilities. Generally, all utilities, including telephone, electric, and electronic message transmission and distribution lines, shall be located underground, unless PUC or industry standards dictate otherwise in a particular circumstance.
H.
Municipal buildings and uses. This chapter shall not apply to any building or structure of the Borough, if the Borough Council shall, after a public hearing, decide that such building or structure, or extension thereof, or such use of any premises is reasonably necessary for the convenience or welfare of the public.
§ 225-303 NR - Natural Resources District.
A.
Purpose. In areas where major physiographic problems exist, accessibility is difficult, or unique natural beauty exists, a Natural Resources District is established to conserve the existing character of such areas by providing for low intensity, residential agricultural or recreational uses, thus guiding substantive land development into more appropriate zoning districts.
C.
D.
Uses permitted by conditional approval. The following uses shall be permitted as conditional uses when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article IV of this chapter.
E.
Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
Lot Area (acres) | Lot Width (feet) | |
|---|---|---|
Campground | 10 | 200 |
Animal husbandry, stables | 5 | 200 |
All other uses | 2 | 200 |
F.
Minimum setbacks. Each lot shall have front, side, and rear setbacks not less than the following:
I.
Design standards. In the Natural Resources District, all principal buildings shall be located upon a portion of the lot where the following siting criteria are met. Similarly, any plan proposed for the subdivision of land shall comply with the design standards of § 225-305 and will demonstrate that at least 5% of the area of each lot created by such proposed plan also meets the following siting criteria:
(1)
Maximum slope. No portion of the natural grade of any proposed site for the location of a principal building shall exceed a slope of 25%.
(2)
[1]Wetland. No portion of any site proposed for the location of a principal building shall be located within 100 feet of any wetland as currently established by the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: Former Subsection I(2), Floodplain, was repealed 3-14-2011 by Ord. No. 2011-1.
(3)
Existing tree cover. The clear cutting of existing trees in preparation for development is expressly forbidden. Moreover, all land development plans shall show:
(4)
Stream valleys. Any property in the RR District crossed by the South Branch of the Codorus Creek, Bee Tree Run or Hunt Run shall maintain such stream and its associated stream valley as perpetual open space according to the criteria set forth in the Subdivision and Land Development, Ordinance.[2]
§ 225-304 RR - Rural Residential District.
A.
Purpose. In some fringe areas of the Borough where residential development is likely over the long term, but where such development has not yet occurred, Rural Residential Districts are established. The purposes of this district are:
(1)
To prevent random, unplanned development;
(2)
To encourage sound planning for future development, including provision and/or extension of utilities, roads, and services in a logical and practical manner within the fiscal means of the providing agency;
(3)
To guide substantive land development into more appropriate zoning districts;
(4)
If development does occur, to maintain an open character through substantial open space; and
B.
Permitted uses. The following uses are permitted by right in the RR District:
(1)
Agriculture, including animal husbandry.
(2)
Greenhouse.
(3)
Group home.
(4)
House of worship.
(5)
Park.
(6)
Single-family detached dwelling.
(7)
Single-family attached dwelling.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(8)
No-impact home-based business.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Uses permitted by special exception. The following principal uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles IV and X of this chapter:
(1)
Animal hospital/veterinarian office.
(2)
Cemetery.
(3)
Communication facility.
(4)
Family day-care home.
(5)
Group day-care home.
(6)
Home occupation.
(7)
Kennel.
(8)
Principal use as accessory use.
(9)
Private club.
(10)
Supply utility.
(11)
Accessory dwelling unit (ADU).
[Added 3-14-2011 by Ord. No. 2011-1]
D.
Uses permitted by conditional approval. The following uses shall be permitted as conditional uses when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article IV of this chapter:
E.
Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
Lot Area | Lot Width | |
|---|---|---|
Cluster development | See § 225-409 | |
All other principal uses | 43,560 square feet (1 acre) | 150 feet |
F.
Minimum setbacks. Each lot shall have front, side, and rear setbacks not less than the following:
I.
Design standards. In the Rural Residential District, the design, construction, or improvement of any lot shall, in addition to all other requirements for land development, meet the following design standards:
(1)
Existing tree cover. The clear cutting of existing trees in preparation for development is expressly forbidden. Moreover, all land development plans shall show:
(2)
Stream valleys. Any property in the RR District crossed by the South Branch of the Codorus Creek, Bee Tree Run, or Hunt Run shall maintain such stream and its associated stream valley as perpetual open space according to the criteria set forth in the Subdivision and Land Development, Ordinance.[1]
§ 225-305 SF - Single-Family Residential District.
A.
Purpose. In areas where residential development has already begun and reasonable access to industrial, commercial and public activities is available, Single Family Residential Districts are established. It shall be the purpose of these districts to promote and encourage a suitable and safe environment for family life by providing only for single-family residences and residential support land uses.
C.
D.
Uses permitted by conditional approval. The following uses shall be permitted as conditional uses when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established to Article IV of this chapter.
E.
Minimum lot area and lot width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
I.
Design standards. In Single Family Residential Districts, the design, construction, or improvement of any lot shall, in addition to all other requirements for land development, meet the following design standards:
(1)
Existing tree cover. The clear cutting of existing trees or preparation for development is expressly forbidden. Moreover, all land development plans shall show:
(2)
Stream valleys. Any property in the SF District crossed by the South Branch of the Codorus Creek, Bee Tree Run, or Hunt Run shall maintain such stream and its associated stream valley as perpetual open space according to the criteria set forth in the Subdivision and Land Development, Ordinance.[1]
§ 225-306 TN - Traditional Neighborhood District.
A.
Purpose. In central residential areas lying between the Central Business District and Single Family neighborhoods, Traditional Neighborhood Districts are established. The purposes of this district are to:
(1)
Bring most of the activities of daily life, including shelter, work, and shopping within walking distance of one another;
(2)
Provide an appropriate location for higher density housing such as townhouses, apartments, and small-lot single-family homes to serve the increasing numbers of older persons;
(3)
Encourage residential growth on the edges of the Central Business District as a catalyst for its further expansion;
(4)
Promote suitable locations for civic buildings such as churches, cultural centers and schools;
(5)
Create an atmosphere that lends itself to the movement and gathering of people;
(6)
Reduce the number and length of automobile trips; and
B.
Permitted uses. The following principal uses are permitted by right in the TN District:
(1)
Apartment, accessory to an office or commercial use.
(2)
Convalescent/nursing home.
(3)
Crop farming.
(4)
Cultural facility.
(5)
Entertainment/recreation facility.
(6)
Fire station.
(7)
Group home.
(8)
House of worship.
(9)
Mortuary and funeral home.
(10)
Multifamily dwelling.
(11)
Park.
(12)
Parking lot (as a principal use).
(13)
Personal service shop.
(14)
Professional or business office.
(15)
Public service office.
(16)
School.
(17)
Single-family attached dwellings.
(18)
Single-family detached dwellings.
(19)
No-impact home-based business.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Uses permitted by special exception. The following uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles IV and X of this chapter:
(1)
Bed-and-breakfast inn.
(2)
Communication facility.
(3)
Conversion apartment.
(4)
Day-care center.
(5)
Family day-care home.
(6)
Group day-care home.
(7)
Home occupation.
(8)
Principal use as accessory use.
(9)
Private club.
(10)
Retail store or shop.
(11)
Supply utility.
(12)
Accessory dwelling unit (ADU).
[Added 3-14-2011 by Ord. No. 2011-1]
(13)
Group quarters.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Uses permitted by conditional approval. The following uses shall be permitted as conditional uses when authorized by the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article IV of this chapter:
E.
Minimum lot area and lot width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
I.
Design standards. In the Traditional Neighborhood District, the design, construction, or improvement of any lot shall, in addition to all other requirements for land development, meet the following design standards:
(1)
Mandatory site improvements.
(a)
The following improvements shall be required of all future subdivision and land developments in Traditional Neighborhood Districts:
[1]
Any new street connection or any new pedestrian/bicycle path proposed by the New Freedom Borough Comprehensive Plan, or other suitable alternative proposal due to any identifiable and compelling reason.
[2]
Street-side sidewalks on both sides of each street.
[3]
Curbing at the edges of all cartways.
[4]
Street trees.
[5]
Public water and sewer.
[6]
Streetlights.
(2)
Street configuration. Because the purposes of the Traditional Neighborhood District contained in this section include the free movement of pedestrians and automobiles, particularly to and from the CB District, future streets in the TN District insofar as possible, shall:
§ 225-307 CB - Central Business District.
A.
Purpose. The purposes of the Central Business District are as follows:
(1)
To affirm the heritage of New Freedom Borough as a central place within the York County Region;
(2)
To create a focal location for the Borough's shopping, business, and employment, and residential activities to successfully coexist in a manner compatible to all uses;
(3)
To provide standards for the harmonious development of this variety of activities;
(4)
To promote architectural styles visually consistent with existing Borough buildings and with traditional town design;
(5)
To create a strong and cohesive relationship between the Central Business District and surrounding residential neighborhoods;
(6)
To improve both pedestrian and vehicular access to and from the district and to emphasize and give priority to pedestrian movement; and
B.
Permitted uses. The following principal uses are permitted by right in the Central Business District:
[Amended 6-10-2002 by Ord. No. 2002-1]
(1)
Apartment, accessory to an office or commercial use.
(2)
Automobile, recreational vehicle and/or trailer sales.
(3)
Automobile repair garage.
(4)
Automobile service station.
(5)
Communication facility.
(6)
Community garage.
(7)
Contractor's office and storage.
(8)
Conversion apartment.
(9)
Crop farming.
(10)
Cultural facility.
(11)
Day-care center.
(12)
Drive-in business.
(13)
Entertainment/recreation facility.
(14)
Financial institution.
(15)
Fire station.
(16)
Hospital.
(17)
Hotel/motel.
(18)
Lumberyard.
(19)
Manufacturing activities.
(20)
Medical clinic.
(21)
Mortuary and funeral home.
(22)
Parking lot (as a principal use).
(23)
Personal service shop.
(24)
Printing and publishing facility.
(25)
Private club.
(26)
Professional or business office.
(27)
Public service office.
(28)
Research laboratory.
(29)
Restaurant.
(30)
Retail store or shop.
(31)
Shopping mall center, plaza.
(32)
Tavern.
(33)
Trade or professional school.
(34)
Upholsterers and cabinet makers.
(35)
Utilities.
C.
D.
Uses permitted by conditional approval. The following uses shall be permitted with conditional approval from the Borough Council. The Borough Council shall hear and decide requests for such uses according to criteria established in Article IV of this chapter.
E.
Minimum lot area and lot width.
(1)
Residential use: See § 225-416.
[Amended 7-12-1999 by Ord. No. 1999-4; 3-14-2011 by Ord. No. 2011-1]
(2)
Nonresidential use. There shall be no minimum lot area or lot width requirements in the Central Business District. Notwithstanding, when creating a new lot or when constructing an initial building upon a lot, a lot area and width shall be provided sufficient to accommodate.
G.
Buffer yards and landscape screening. To protect the interests of property owners where nonresidential uses are proposed adjacent to an existing residential use or a Residential District, a buffer yard of a minimum dimension of 30 feet shall be required along the side and rear yards. Such buffer yard is to be in conjunction with any required setback. Landscape screening shall be required in all buffer yards.
J.
Design standards. In the Central Business District, any structure hereafter erected or any lot hereafter used or occupied, for any lawful purpose, shall meet the following design standards:
(1)
Compatibility. Any new development must be compatible with the existing historic character of the Central Business District. New developments must consider the uses of adjacent properties, particularly the proximity of residential to nonresidential uses. Mixed-use development is strongly encouraged, particularly the integration of commercial uses.
(2)
Commerce paramount. In the Central Business District, new business, service and employment activities shall be given preference over new residential land use activities.
(3)
Elevation drawing required. Building elevation drawings shall be required as part any land development submission for any property within the CB District proposing a new or substantially altered building. Such drawings shall include front, side, and rear elevations.
(4)
Building design. Commercial, office, and industrial buildings should generally be of a traditional design with no inherent right to include business or corporate trademarks into their exterior design.
(5)
Mandatory site improvements.
(a)
The following improvements shall be required of all future subdivision and land developments within the CB District:
[1]
Any new street connection or any new pedestrian/bicycle path proposed by the New Freedom Borough Comprehensive Plan, or other suitable alternative proposal due to any identifiable and compelling reason.
[2]
Street-side sidewalks on both sides of each street.
[3]
Curbing at the edges of all cartways.
[4]
Street trees.
[5]
Public water and sewer.
[6]
Streetlights.
(6)
Street configuration. Because one purpose of the Central Business District is to improve both vehicular and pedestrian traffic to and from the CB District, future streets, insofar possible, shall:
(7)
Solid waste processing. A plan for the collection, storage, and disposal of solid waste shall be submitted for approval as part of any required land development plan.
§ 225-308 LI - Light Industrial Employment District.
A.
Purpose. In areas of good highway and rail access and within reasonable proximity to supporting commercial activities, Light Industrial Employment Districts are established. In general, Light Industrial Employment Districts shall:
(1)
Contribute to the overall economy of the region and to the Borough tax base by encouraging industrial development, giving particular emphasis to land use activities with high employment densities;
(2)
Have physical characteristics similar to those of the surrounding Residential Districts: moderate lot coverage and setbacks, high levels of outdoor maintenance, complete site improvements, and interlocking street system, and high environmental performance standards;
(3)
Emphasize and improve pedestrian and vehicular movement, both within the district itself, to adjacent Residential Districts, and to the Central Business District; and
B.
Permitted uses. The following principal uses are permitted by right in the LI District:
[Amended 6-10-2002 by Ord. No. 2002-1; 10-20-2003 by Ord. No. 2003-4]
(1)
Automobile repair garage.
(2)
Bus, taxi, railroad terminal.
(3)
Communication facility.
(4)
Contractor's office and storage.
(5)
Crop farming.
(6)
Day-care center.
(7)
Financial institution.
(8)
Fire station.
(9)
Hospital.
(10)
Lumberyard.
(11)
Manufacturing activities (including production, distribution, processing, cleaning, testing and distribution of materials).
(12)
Medical clinic.
(13)
Mills, where grain, lumber, and similar products are stored or processed.
(14)
Parking lot (as a principal use).
(15)
Printing, publishing and binding facility.
(16)
Private club.
(17)
Professional or business office.
(18)
Public service office.
(19)
Railroad service and repair facility.
(20)
Research, testing, or experimental laboratories.
(21)
Restaurant.
(22)
Sanitary utility.
(23)
Trade or professional school.
(24)
Truck terminal.
(25)
Upholsterers and cabinet makers.
(26)
Warehouse.
(27)
Automobile service station.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
D.
Minimum lot area and width. Lot area and lot width not less than the following dimensions shall be provided for each principal use hereafter established in this district:
Lot Area (acres) | Lot Width (feet) | |
|---|---|---|
Hospitals | 5 | 300 |
All other uses | 2 | 150 |
E.
Setbacks. Each lot shall have front, side, and rear setbacks not less than the following:
I.
Design standards. In Light Industrial Districts, the design, construction, and improvement of any lot shall, in addition to all other requirements for land development, meet the following performance standards:
(1)
Mandatory site improvements.
(a)
The following improvements shall be required for all future subdivision and land developments in the Light Industrial District:
[1]
Any new street connection or any new pedestrian/bicycle path proposed by the New Freedom Borough Comprehensive Plan or any other improvement deemed compelling by the New Freedom Borough Council;
[2]
Public water and sewer;
[3]
Sidewalks and curbing;
[4]
Street trees, planted outside the street right-of-way, but within 10 feet of the edge of that right-of-way. One tree per 40 feet of property line which abuts a public right-of-way shall be provided.
(2)
Landscaping. Landscaping is required upon all portions of any lot not covered by impervious surface. A landscape plan, prepared and certified by a registered landscape architect, shall be submitted for approval as part of any required land development plan. The primary objectives of the landscape plan shall be to:
(3)
Solid waste processing. A plan for the collection, storage, and disposal of solid waste shall be submitted for approval as part of any required land development plan.