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New Freedom City Zoning Code

ARTICLE V

General Provisions

§ 225-501 Accessory uses and structures.

A. 
Attached structures. Any accessory structure, attached to a principal structure, is considered a part of the principal structure for all regulatory purposes.
B. 
Nonattached structures. Any accessory structure, standing apart from a principal structure, is permitted between the front wall of the principal structure and the side or rear setback line.
(1) 
Utility sheds may be located within a required side or rear setback area but shall not be located closer than three feet to a side or rear property line.
(2) 
No apartment(s) or living quarters shall be located in any accessory structure.
(3) 
Farm produce stands may be placed in a front yard area but shall not be placed within a street right-of-way. When located in a Residential District, such stands must be removed when products are no longer on sale.
(4) 
Other than listed above, for all other requirements, a nonattached structure is considered the same as a principal structure.
C. 
Fences and walls. No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) shall be erected to a height of more than four feet in a front yard area and more than six feet in any side or rear yard area in a residential district or upon any lot used for residential purposes in any other zoning district. In commercial and industrial districts, a fence may be constructed up to eight feet in height in any yard area, but no higher. The above fencing height restrictions apply universally, except as modified by Article VI of this chapter.
[Amended 10-13-1998 by Ord. No. 1998-10; 3-14-2011 by Ord. No. 2011-1; 12-9-2019 by Ord. No. 2019-5]
(1) 
Fences may be located up to but shall not be located on the lot line.
(2) 
No fencing may be erected which inhibits sight distance at a street intersection.
(3) 
In the case of a fence or wall erected adjacent to a driveway in any district, the maximum height of such fence or wall or portion thereof shall be such that adequate sight distance between the driveway and the street or road is provided as required for driveways in § 225-706.
D. 
Satellite dish antennas. Receiver dishes are subject to the following constraints:
[Amended 3-14-2011 by Ord. No. 2011-1]
(1) 
Such devices shall not be placed in any required setback area.
(2) 
No more than two dish antennas are permitted per residential building lot.
E. 
Wind and solar energy systems.
[Added 3-14-2011 by Ord. No. 2011-1]
(1) 
All permitted and special exception uses shall be permitted one wind energy system in addition to the permitted number of solar collectors or panels.
(2) 
All accessory wind or solar energy systems shall be designed for private (not commercial) use.
(3) 
Wind-generated energy systems (including windmills).
(a) 
No wind-generated energy system shall be located on a parcel of less than 40,000 square feet.
(b) 
No windmill for private use shall operate at more than 10 kwh.
(c) 
No windmill for private use shall be greater than 50 feet in height.
(d) 
Windmills shall be designed so that any vane, sail or rotor blade does not pass within 20 feet of the ground.
(e) 
All electrical wiring leading from a windmill shall be located underground.
(f) 
Windmills may be located within the required read or side yards, provided they are no closer than two times their height from the nearest residential structure not located on the same parcel as the windmill.
(g) 
The vibration control standards in § 225-603 of this chapter shall be met.
(4) 
Solar collectors and panels.
(a) 
Solar panels and collectors attached to a structure shall comply with all Borough building codes and ordinances.
(b) 
Solar panels or collectors shall not exceed an area of 100% of the total roof coverage of the principal building.
(c) 
Freestanding solar panels or collectors shall be counted toward the total lot coverage and shall be subject to the maximum permitted building height.
F. 
Domestic animals (except household pets).
[Added 3-14-2011 by Ord. No. 2011-1]
(1) 
This use shall be permitted as an accessory use in the NR Natural Resources District, the RR Rural Resources District and in the SF Single Family Residential District only.
(2) 
The minimum lot size required for the keeping of domestic animals shall be as follows:
Animal
Acres/1st Animal
Additional Acres/ Additional Animal
Equine
2.0
1.0
Bovine
2.0
1.0
Sheep
1.5
0.5
Camelids
1.5
0.5
Swine
2.0
1.0
Poultry/fowl
1.0/1 to 10 fowl
1.0/each additional 10 fowl
(3) 
The land designated as acreage for each animal shall be used exclusively for the animal(s), and such open area shall be maintained entirely in vegetative cover. Wood lots, forested areas and stormwater management facilities shall not be included in the calculation of the open acreage required.
(4) 
All buildings and structures housing animals and any buildings or structures used to store feed or other materials used for the domestic livestock use shall be located a minimum of 100 feet from all property lines. A minimum setback of 100 feet shall be provided between any area or structure used for the storage of animal wastes and all property lines, street rights-of-way, wetlands and waterways.
(5) 
All animals shall be kept within a fenced enclosure at all times when said animals are not leashed, haltered, or bridled and under the direct control of the owner or authorized agent of the owner.
(6) 
The building height restrictions of the zoning district where such use is located shall apply.
(7) 
All accessory buildings and structures associated with the domestic livestock use shall comply with lot coverage requirements for the zone in which it is located.
(8) 
The use shall not constitute a nuisance with regard to noise, odor, vectors, dust, vibration, or other nuisance effects beyond the property lines of the parcel on which the use is located.
(9) 
The conversion of a domestic livestock use to a commercial livestock operation shall not be permitted when located in the SF District.
(10) 
The proposed use shall comply with all applicable state, federal and local regulations, including but not limited to nutrient management, building codes, erosion and sedimentation control and stormwater management, as well as standards for signs, lighting, parking and access.

§ 225-502 Outdoor swimming pools.

[Amended 7-12-1999 by Ord. No. 1999-4; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Swimming pools shall be protected by barrier requirements set forth in the currently adopted International Swimming Pool and Spa Code.

§ 225-503 Unenclosed storage.

A. 
Vehicle storage.
(1) 
Except as provided in § 225-404 of this chapter, in all districts, dismantled or partially dismantled, or abandoned automobiles, tractors, recreational vehicles, trailers, and trucks must be parked or stored within an enclosed building.
(2) 
In any Residential District, any licensed vehicle which exceeds eight feet in height and/or exceeds 21 feet in length, when not placed within an enclosed building, shall be placed between the front wall of the principal building and the rear setback line. Such vehicles shall not obstruct any line of sight of neighboring properties.
(3) 
In any Residential District, every vehicle, when not placed within an enclosed building, shall be placed on a driveway.
(4) 
Any unregistered vehicle or vehicle not requiring a license and not in the process of being dismantled shall be stored at least 30 feet from any neighboring property.
[Amended 10-13-1998 by Ord. No. 1998-10]
B. 
Outdoor stockpiling. In a residential use or district or conservation district, tire stockpiles, metal pipes, vehicle parts, and similar objects and materials must be stored in a garage or an enclosed storage structure. In work or service districts, such items must be stored in a garage or enclosed storage structure or be shielded by landscaping, walls, or fencing so as to screen the object(s) in all seasons of the year from the street, public ways, or adjoining properties.
C. 
Trash and junk. Except as provided in other Borough ordinances, the accumulation of trash and/or junk out-of-doors for a period in excess of 15 days is prohibited in all districts.
D. 
Front yard. In all districts, no outdoor stockpiling of any material or outdoor storage of trash and/or junk is permitted between the front wall of the principal building and the street line.

§ 225-504 Setback modifications.

A. 
Front setbacks of buildings on built-up streets. The front setback of a proposed building may be reduced (or extended, if the average setback is greater than the minimum provided) to the average formed by all existing buildings located within 100 feet on each side of such proposed building in the same block and on the same side of the street.
B. 
Sight distance.
(1) 
Proper sight lines must be maintained at all street intersections and the intersections of streets with driveways. At all such intersections, measured along the center line of the street(s) and/or driveway, there must be a clear sight triangle with sides as follows:
Street
Clear Sight Triangle Side
(feet)
All streets, including alleys
75
Driveway/street intersections
15
(2) 
No building or construction is permitted within such triangles. However, obstructions or plantings less than three feet in height (at maturity) as measured from the grade of the roadway shall be permitted. If not obstructing the view of traffic, utility poles and trees not more than one foot in diameter (at maturity) shall be permitted.
C. 
Setback on corner lots. In the case of corner lots, two front setbacks shall be provided as well as one side setback and one rear setback. The rear setback shall be opposite the front of the principal structure.
D. 
Setback on reverse frontage or double frontage lots. In the case of reverse frontage or double frontage lots, two front setbacks and two side setbacks shall be provided. The setback line of a lot adjacent to a collector or arterial street shall be 50 feet from the right-of-way line.
[Amended 3-14-2011 by Ord. No. 2011-1]
E. 
Accessory or appurtenant structures. The following modifications may be made to the required setbacks:
(1) 
Cornices, eaves, gutters, bay windows, chimneys or uncovered steps may project no more than 18 inches into the required setback.
(2) 
Patios, driveways, walks, parking areas, stairs, and window wells, and such other structures customarily incidental to the principal building, may project into the required setbacks, provided that the structure is no more than 12 inches above grade at the proposed location.
(3) 
Unenclosed and uncovered porches and decks and other such structures customarily incidental to the principal building may extend a distance not to exceed 20% of the front setback and 50% of the side or rear setback.

§ 225-505 Height modifications.

No building shall be erected to a height in excess of that specified in Article III for each zoning district, provided:
A. 
No building shall be hereafter erected less than one story in height;
B. 
Height regulations shall not apply to any of the following, provided the use is not for human occupancy: agricultural buildings, belfries, spires, cupolas, domes, chimneys, ventilators, silos, and ornamental or necessary mechanical appurtenances, including radio and TV antennas;
C. 
In Residential Districts, accessory buildings shall not exceed 16 feet in height; and
D. 
The height of any building may exceed the maximum permitted height for the district in which such building is located by one foot for each additional one foot that the width of each building setback exceeds the minimum required, such additional height not to exceed 20% of such maximum permitted height.

§ 225-506 Minimum habitable floor area.

[Amended 7-12-1999 by Ord. No. 1999-4]
All dwelling units must conform to the minimum habitable floor area as follows:
A. 
Single-family dwelling units: 950 square feet per dwelling unit.
B. 
Multifamily and conversion units: 725 square feet per dwelling unit.
C. 
Dwelling units specifically designated for elderly housing: 650 square feet per dwelling unit.

§ 225-507 Demolition.

Demolition of any structure must be completed within 12 months of the start of such demolition. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting debris from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is completed as required in the previous sentence.

§ 225-508 Buildings under construction.

A building, the foundation of which was completed before the effective date of this chapter, may be constructed without being bound by the requirements of this chapter, provided that the construction is completed within one year after the effective date of this chapter. In like manner, a building, the foundation of which was completed before an amendment, may be constructed if the construction is completed within one year after the amendment.

§ 225-509 Division of developed lots.

No lot may be formed from part of a lot occupied by a building unless each newly created lot will meet all the applicable provisions of this chapter and Chapter 194, Subdivision and Land Development.

§ 225-510 Lots of record.

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

§ 225-511 Lot width modification.

The minimum lot width for residential properties abutting the turnaround circle of a cul-de-sac street and whose side lot lines are, as a result, not parallel must maintain the required lot width at the required minimum front setback line, but may reduce said lot width by up to 40% at the street line. In no case shall the lot width at the street line be less than 50 feet.

§ 225-512 Status of subdivision or land development plan.

A. 
From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed as provided in Chapter 194, Subdivision and Land Development, and while such application is pending approval or disapproval, no change or amendment of this chapter shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provision of this chapter as it stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in this chapter.
B. 
When a preliminary or final subdivision or land development plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent enactment or amendment in this chapter or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.

§ 225-513 Flag lots.

Flag lots are generally discouraged but may be permitted in the Natural Resource and Rural Residential Districts, provided:
A. 
No other reasonable lot configurations are possible.
B. 
The narrow "staff" portion of any such lot connecting the "flag" to the street shall not be less than 50 feet in width.
C. 
Calculations for determining minimum lot area shall not include any portion of the "staff."
D. 
Minimum lot width and minimum building setbacks shall be measured along the lot line most nearly parallel to the street from which access is taken.
E. 
The "staff" portion of a flag lot shall serve only the lot upon which it is located; any subsequent proposals to serve additional lots shall require the construction of a public street.
F. 
No more than two flag lots are permitted in any subdivision, whether or not they are contiguous.

§ 225-514 Dumpsters and other waste receptacles.

A. 
Location. Dumpsters and other waste receptacles may be permanently placed on a lot if such receptacles are not located in or on any required parking area. Such devices shall be included in calculated lot coverage.
B. 
Screening. Dumpsters and waste receptacles must be screened from the view of adjacent Residential Districts and residential uses.

§ 225-515 Courts.

In any district, whenever any room is provided for the purpose of living, eating, sleeping, or congregating as part of any residential or institutional use and cannot be adequately lighted and ventilated from an adjacent street or yard, an inner or outer court, as appropriate, shall be provided.
A. 
Courts for residential and institutional uses.
(1) 
Court width. The width, or smaller dimension, of any outer court upon which windows open from any room designed for living, eating, sleeping, or congregating shall not be less than 2/3 the height of any wall enclosing such court.
(2) 
Outer court depth. The depth, or larger dimension, of any outer court formed by walls on three sides shall not be greater than 1.5 times the width.
(3) 
Inner court dimensions. The least dimension of any inner court shall be the lesser of 1.5 times the height of any wall enclosing such court, or 50 feet.
(4) 
Unobstructed passageway. An open and unobstructed passageway shall be provided for each inner court. Such passageway shall have sufficient cross-section area and headroom for the passage of fire-fighting equipment and shall be continuous from the inner court to an unobstructed open area with access to a street.
(5) 
Mobile home parks. Mobile home parks shall be exempt from the provisions of this section and instead regulated by § 225-427 of this chapter and by Chapter 194, Subdivision and Land Development.
B. 
Courts for all other permitted uses. In any district, whenever any room provided for the purpose of working, eating, or congregating, and as part of any permitted principal use other than a residential or institutional use, cannot be adequately lighted and ventilated from an adjacent street or yard, the room shall be provided with windows opening upon an inner or outer court, as appropriate.
(1) 
Court dimensions. Court dimensions shall meet the minimum established or required by the Board of Health and/or the Department of Labor and Industry.
(2) 
Exceptions. Any proposed building that will include approved air conditioning and artificial lighting may be erected irrespective of these provisions.

§ 225-516 Landscaping, buffer and screen planting.

The provisions of the following sections are applicable to every lot with respect to general zoning compliance or a building permit for any new structure or enlargement of any existing structure is hereafter required.
A. 
Buffer planting strip. Landscape buffer planting strips are required along zoning district boundaries, based on the zoning district classification(s). The type of buffer planting strip required is detailed in Chapter 194, Subdivision and Land Development. Buffer planting is also required under the following circumstances:
(1) 
Where a proposed commercial, industrial or other nonresidential use abuts an existing residential use or Residential District on the same side of a street.
(2) 
Where any proposed multifamily residential use abuts an existing single-family dwelling.
(3) 
Any other instance where buffering of proposed use is required by this chapter or by the Borough.
(4) 
Where any proposed residential development abuts a collector or arterial street.
B. 
Visual screens. Visual screens shall be required around the following site elements, when these are located partially or fully within 25 feet of the property line or existing road right-of-way:
(1) 
Parking lots;
(2) 
Dumpsters, trash disposal, or recycling areas;
(3) 
Service or loading docks;
(4) 
Outdoor storage;
(5) 
Vehicle storage;
(6) 
Sewage treatment plants and pump stations;
(7) 
Any other site element or characteristic specifically listed in this chapter.
C. 
General. In all districts, and subject to the requirements of that district, when landscaping, buffer and screen planting is required, the standards of § 194-520 of Chapter 194, Subdivision and Land Development, shall apply.
[Amended 8-13-2012 by Ord. No. 2012-2]
D. 
Deviations from requirements.
[Added 8-13-2012 by Ord. No. 2012-2]
(1) 
Deviations from the requirements of § 194-521 of Chapter 194, Subdivision and Land Development, of the Code of New Freedom Borough that are proposed during the subdivision/land development process shall be permitted as a waiver according to § 194-205 and, when granted, will not also require the grant of a variance under the terms of this chapter.
(2) 
Deviations from the requirements of § 194-518 of Chapter 194, Subdivision and Land Development, that are proposed during the zoning permit process that do not involve subdivision/land development review shall be permitted as a variance according to § 225-1004 of this chapter.

§ 225-517 Temporary uses.

The following temporary uses of land are permitted in each zoning district (unless restricted to particular zoning districts), subject to the specific regulations and time limits which follow and to the other applicable regulations of the district in which the use is permitted:
A. 
Christmas tree sales: allowed in all districts for a period not to exceed 60 days. Displays of Christmas trees need not comply with the yard and setback requirements, provided that no tree shall be displayed within 30 feet of the intersection of the curbline of any two streets. Areas devoted to Christmas tree sales must be cleared of all debris and all excess trees by January 1.
B. 
Contractor's office and equipment shed: will be allowed in all districts as an accessory to a construction project. The office and/or shed must be removed by the estimated completion date of the construction project, with the option of a one-year extension.
C. 
Temporary offices and bank facilities in mobile homes: will be allowed in the TN, CB and LI Districts after a land development plan has been approved. The land development plan must show the locations of the proposed temporary facility and the proposed permanent facility.
D. 
Real estate office/model home: incidental to a new housing development. Contains no sleeping or cooking accommodations unless located in a model dwelling unit. Maximum number of permanent employees is two. Time limit of one year plus one-year extension.
E. 
Outdoor seasonal sale of farm produce and/or seafood: to continue for not more than three consecutive months per year only in the CB and LI Districts.
F. 
Promotional activities involving the display of goods and merchandise: will be allowed in the TN, CB and LI Districts. May be conducted outside of enclosed buildings for a period of not more than two consecutive weeks in any three-month period. Retail businesses may display merchandise that is for sale within the building with the above restrictions in the area immediately adjacent to the building, subject to the following conditions:
(1) 
No portion of the display shall be on publicly owned property unless the applicant shall first have obtained approval for such use from the Borough office.
(2) 
No required off-street parking space or loading area will be utilized for such display, storage or dispensing.
G. 
Proof of the provision for adequate sanitary facilities acceptable to the Borough SEO, parking and traffic control, security, trash removal, etc., related to the temporary use shall be provided at the time of application for permit.

§ 225-518 Outdoor furnaces and heating devices.

[Added 3-14-2011 by Ord. No. 2011-1]
A. 
Fuel substances permitted for combustion in an exterior furnace installation shall be limited to natural gas, propane, home heating oil, coal, firewood, untreated lumber, corn and pellets.
B. 
The burning and combustion of trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure-treated wood), leaves, paper products and cardboard are strictly prohibited.
C. 
Outdoor furnaces shall be permitted only in the Natural Resources (NR) and Rural Residential (RR) Districts.
D. 
Outdoor furnaces shall be permitted only on lots of three acres or more.
E. 
All outdoor furnaces and heating devices shall be set back not less than 200 feet from the nearest lot line.
F. 
Outdoor furnaces shall be operated only between September 1 and May 31, unless the furnace is being used to provide heating for a domestic water service.
G. 
All outdoor furnaces shall be equipped with properly functioning spark arrestors.
H. 
All outdoor furnaces and heating devices shall be provided with a stack or chimney, the height of which shall be the greater of one of the following:
(1) 
Four feet above the highest point of any structure, building or wall within a fifty-foot radius of the heating device; or
(2) 
A minimum of 17 feet in height measured from the ground at and on which the device is located.
I. 
Installation of any electrical or plumbing apparatus or device used in connection with the operation of an outdoor furnace shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications. Any outdoor furnace must also comply with any other county, state or federal guidelines for the same.
J. 
All outdoor furnaces and heating devices installed within the Borough at the time of adoption of this chapter are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference, together with any amendments or modifications made to them in the future.

§ 225-519 Steep slopes.

[Added 8-13-2012 by Ord. No. 2012-2]
A. 
General. In all districts, and subject to the requirements of that district, the steep slope conservation standards of § 194-521 of Chapter 194, Subdivision and Land Development, shall apply.
B. 
Deviations from requirements.
(1) 
Deviations from the requirements of § 194-521 of Chapter 194, Subdivision and Land Development, of the Code of New Freedom Borough that are proposed during the subdivision/land development process shall be permitted as a waiver according to § 194-205 and, when granted, will not also require the grant of a variance under the terms of this chapter.
(2) 
Deviations from the requirements of § 194-518 of Chapter 194, Subdivision and Land Development, that are proposed during the zoning permit process that do not involve subdivision/land development review shall be permitted as a variance according to § 225-1004 of this chapter.