North Codorus Township York County
City Zoning Code
City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 195-31 Purpose.
The regulations set forth by this article shall be minimum regulations and shall apply uniformly to each class of land use or kind of structure, except as provided herein.
§ 195-32 Accessory structures and uses.
[Amended 10-15-2019 by Ord. No. 278-08-2019]
A.
Unless otherwise indicated in Article IV, Use Regulations, the following requirements shall apply to accessory structures.
B.
Attached structures. An accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
C.
Detached structures. A detached structure, standing apart from the principal structure, may be built or placed in a side yard or rear yard, provided that such accessory structure shall be set back at least 10 feet from any lot line. Except as provided in Subsection C(1) and (2), no accessory structure [except agricultural roadside stands (see § 195-18D) and school bus shelters] shall be built within any front yard unless authorized as a special exception by the Zoning Hearing Board.
(1)
Detached structures shall be permitted by right in front yards so long as they are set back from any street line at least 100 feet.
(2)
In addition to Subsection C(1), an accessory structure shall be permitted in the front yard in the AP and RAC Districts if the accessory building will be located:
(a)
At least 200 feet from any dwelling other than one owned by the owner of the accessory structure; or
(b)
On a principal agricultural lot containing at least 30 acres, and if the structure will be at least 100 feet from any residential district boundary and at least 100 feet from the property line of an existing dwelling not owned by the owner of the accessory building.
D.
Fences and walls. The following regulations shall apply to the height and location of fences and walls.
(1)
No fence or wall (except a retaining wall, a wall of a building under the terms of this chapter, or a wall or fence in accordance with Article IV, Use Regulations, of this chapter) shall be erected to a height of more than four feet in the required minimum front yard area and more than six feet in any other yard area in any district, other than the HC and I Districts. See also Subsection D(1)(e)[4] below.
(2)
No fence or wall (except a retaining wall, a wall of a building under the terms of this chapter, or a wall or fence in accordance with Article III, District Regulations, and Article IV, Use Regulations, of this chapter) shall be erected to a height of more than nine feet in any yard in the HC and I Districts. See also Subsection D(1)(e)[4] below.
(3)
No fencing shall be erected which inhibits the sight distance at a street intersection or driveway or the clear sight triangle as established in this chapter.
(4)
Fences shall be permitted within all setbacks, subject to the following:
(a)
In side and rear yards, fences must be placed on the applicant's property, unless there is an agreement between abutting lot owners to share a fence placed over the property line. Fences shall not be placed within a street right-of-way.
(b)
In front yards, a fence must be set back at least three feet from the front lot line as defined in this chapter, but in no event shall any fence in a front yard interfere with sight lines along the street, or a clear sight triangle for any intersections, driveways, or access drives.
(c)
On corner lots, the portion of the lot which would constitute a side or rear yard as defined in this chapter, but for the location of the street, will be treated as and considered a side or rear yard for purposes of placement and height of fences.
(d)
The minimum setback requirements of this Subsection D(4) shall not apply to fences surrounding or enclosing agricultural uses, regardless of the district, except the sight line provisions of Subsection D(4)(b) shall apply.
(e)
Additional fence standards.
[1]
Fences shall not be placed within a public street right-of-way.
[2]
No fence shall be placed over or on top of any buried utilities (including gas, water, or electric lines) or public improvements or facilities (such as sewer or stormwater lines or facilities) without the express consent of the Township, or, if appropriate along state roads, the commonwealth.
[3]
It shall be the responsibility of the person placing any fence or the owner, if different, to determine the existence or location of such utilities, improvements or facilities before beginning any digging for such fences, by first calling Pennsylvania One-Call, or its successor, and all such other entities as may be necessary to determine the existence and location of such utilities, improvements or facilities.
[4]
A fence height of up to 12 feet shall be allowed to enclose an electric substation, hazardous materials, gas compressor station or closely similar facilities that represent safety hazards.[1]
[1]
Editor's Note: Former Subsection E, regarding vegetation near farms, was repealed 9-20-2016 by Ord. No. 272-09-2016.
§ 195-33 Lot standards.
A.
Lot area. The area, width and depth of lots shall provide adequate area for off-street loading, unloading, and/or parking space. Parcels with on-lot wastewater facilities shall be provided with area in addition to the above-mentioned areas to accommodate an on-lot wastewater system and a replacement area approved by the Township Sewage Enforcement Officer.
B.
Yard and setbacks.
(1)
Setbacks to prevent obstructions to vision.
(a)
Walks, fences, signs, and vegetation shall not be permitted which cause danger to traffic on any street by obscuring the view.
(b)
A clear sight triangle in accordance with this chapter shall be maintained and free from visual obstructions.
(2)
All front setbacks shall be measured from the future right-of-way defined by the North Codorus SALDO[1] and based on the functional classification of streets as defined in the North Codorus Comprehensive Plan.
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
(3)
Corner lots. A front setback shall be required from each street on a corner lot.
(4)
Reverse frontage lots or through lots. A front setback shall be required from each street on reverse frontage or through lots.
(5)
Front setbacks on built-up streets. Where at least two adjacent buildings within 100 feet of a property are set back less than the required distance, the average of the lesser distance becomes the required minimum front setback for the property. However, in no case shall the setback line be less than 20 feet from any abutting, existing street right-of-way line.
(6)
Building extensions within the setback.
(a)
Cornices, chimneys, steps, stoops, canopies, and similar extensions including fire escapes and eaves may be within the minimum front, side and rear setback. Stoops shall not be greater than 25 square feet in area.
(b)
Covered porches and patios, whether enclosed or unenclosed, shall be considered a part of the main building and shall not project into any building setback area.
(c)
Wheelchair ramps or lifts that are necessary to provide access to persons with disabilities may extend as necessary into a required setback area.
C.
Flag lots. Flag lots shall only be permitted in the AP, MU and RAC Districts and must comply with the following regulations:
(1)
The applicant shall provide a written statement describing why no other lot configurations are possible, or that any other alternative would result in greater disturbance of natural features and/or agricultural land.
(2)
The narrow "staff" portion of any such lot connecting the "flag" to the street shall not be less than 50 feet in width. The access drive associated with the staff shall be no closer than 10 feet from a neighboring driveway.
(3)
Minimum lot width and minimum building setbacks shall be measured along the lot line (other than the street line) most nearly parallel to the street from which access is taken.
(4)
The "staff" portion of a flag lot shall serve only the lot upon which it is located; any subsequent proposals to serve one or more additional lots shall require the construction and dedication of a public street.
D.
Division of lots. No lot may be subdivided unless each lot will meet all the applicable provisions of this chapter and the Township SALDO, other than zoning matters that are already lawfully nonconforming.
§ 195-34 Building and structure requirements.
A.
Height regulations. The following height regulations shall apply throughout the Township:
(1)
The height regulations do not apply to the following structures or projections, provided that such structures or projections are set back a horizontal distance at least equal to their height from any property line:
(a)
Telecommunications towers, water towers, antennas, utility poles, smokestacks, chimneys, farm silos, wind turbines (in compliance with Articles III and IV), flagpoles or other similar structures.
(b)
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, air conditioning systems, and other mechanical appurtenances, if such structures do not cover more than 25% of the roof on which they are located.
(c)
Parapet walls or cornices used solely for ornamental purposes, if not in excess of five feet above the roof line.
(d)
Solar energy collection devices or skylights may extend a maximum of five feet above the maximum building height.
(2)
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.
(3)
For residential uses, accessory buildings shall not exceed 18 feet in height, except as provided for in Article IV, Use Regulations.
B.
Minimum habitable floor area. All dwelling units shall not be less than the minimum habitable floor area as follows:
(1)
Single-family, detached, attached and semidetached and two-family units [with the exception of those single-family units listed in Subsection B(2) below]: 700 square feet.
(2)
Apartments, residential conversions, granny flats, temporary housing for farm workers and mobile/manufactured homes: 500 square feet.
C.
Unenclosed storage and truck parking.
(1)
On a lot in a residential district, trucks used to haul garbage or hazardous materials shall not be parked or stored for more than 30 minutes per day. A tractor-trailer truck combination shall not be allowed to be parked overnight on a lot of less than one acre in a residential district.
(2)
Outdoor stockpiling. In all districts with the exception of the I District, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. All districts shall meet the following regulations, as applicable:
(a)
The stockpiling of tires, metal pipes, automobile parts, and similar objects or materials shall be stored in a garage or an enclosed storage structure in residential districts.
(b)
In any residential district, the outdoor stockpiling of materials other than those listed in Subsection C(2)(a) above is prohibited for more than one year.
(c)
In all districts, outside storage areas shall be screened from any public street or pedestrian walkway, any abutting residential use, and any adjoining residential district in accordance with the screening and landscaping requirements set forth in the Township SALDO[1] and Article III of this chapter.
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
(d)
In the I District, outdoor storage of materials over four feet in height must be set back a minimum of 100 feet from the public right-of-way.
(3)
Trash, garbage, refuse or junk. Except in accordance with the North Codorus Township Codified Ordinances, Chapter 116, Junkyards and Junk Dealers (as amended), the outdoor accumulation of trash, garbage, refuse or junk for a period exceeding 15 days is prohibited.
D.
Dumpsters. Dumpsters used for domestic garbage shall be permitted within the side or rear yard in accordance with the following requirements:
(1)
The dumpster shall be screened from adjoining roads and properties by solid fencing, solid gates and/or evergreen plantings.
(2)
All dumpsters shall be set back at least 35 feet from the lot line of an adjoining residential use or district and 10 feet from all other lot lines.
E.
Demolition of structures. Demolition of any structure must be completed within three months of the initiation of the work. "Completion" consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is complete as aforesaid. All evidence of the part which was demolished must be removed from the exterior surfaces of the remaining building.
F.
Box tractor-trailers are permitted for the storage of agricultural materials or products in the AP and RAC Districts on lots greater than one acre and whose principal use is agricultural. Box tractor-trailers are not permitted for any storage purpose in any other zoning district.
[Added 10-15-2019 by Ord. No. 278-08-2019]
§ 195-35 Screens and buffers.
A.
Location of buffer yards and screening.
(1)
Buffer yards shall be required for all commercial and industrial uses abutting residential uses and/or abutting or within residential districts, except as provided in Subsection A(3) and (4) of this section and in accordance with Article III, District Regulations.
(2)
Screening and landscaping, in accordance with the applicable provisions of the North Codorus SALDO[1] shall be provided for all nonresidential uses when abutting a residential use and/or abutting or within a residential district.
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
(3)
Where arterial or collector streets or railroads serve as district boundary, no such buffering or screening is required along the boundary line.
B.
Description of buffer yards and screening.
(1)
Buffer yards and screening shall be designed in accordance with the Township SALDO unless otherwise required by this chapter in Article IV, Use Regulations.
(2)
All buffer yards shall be planted with grass, seed, sod, or ground cover, shall be maintained, and shall be kept clean of all debris, rubbish, weeds, and tall grass in conformance with existing regulations.
(3)
No structure, manufacturing or processing activity, parking (including driveways other than those necessary for access to the lot in question), or storage of materials shall be permitted in the buffer yard, unless otherwise stipulated in Article III, District Regulations, and Article IV, Use Regulations.
§ 195-36 Keeping of animals as an accessory use.
[Amended 9-20-2016 by Ord. No. 272-09-2016]
A.
The customary accessory keeping of animals is permitted by right in all districts.
B.
No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets, and keeping food in manner that avoids rodent and insect problems.
C.
Horses and similarly sized animals.
(1)
In the R-1, R-2, R-3 and VC Districts, boarding of horses not owned by property owners or property residents shall only be allowed on a lot of more than 10 acres. See separate standards for commercial riding schools and horse boarding stables, which are allowed in certain districts.
(2)
In all districts, horses and similar sized animals may be kept for personal recreation use in accordance with the following requirements:
(a)
The minimum lot size for the keeping of one horse or similarly sized animal for personal recreation shall be 2.5 acres. A minimum of one acre shall be accessible to the horse or similar sized animal.
(b)
One additional horse or similar sized animal shall be allowed for every acre over 2.5 acres.
(3)
The owner of the property shall be responsible for taking all reasonable steps to prevent any manure or other waste materials from the animals from leaving the owner's property, and shall take all reasonable steps to minimize the impact of dust, flies, and other negative impacts on adjoining properties.
(4)
All areas accessible to or to be used by the horses or similar sized animals shall be surrounded by and enclosed within a fence of sufficient construction and strength to keep the horses within the enclosed area, and all buildings or structures used, or intended for use, as shelters for the animals shall be within the enclosed areas, or shall constitute a portion of the enclosure.
D.
Animals that are less than six months in age are not regulated in number by this section. Animals must be kept on the property that is owned or leased by the keeper of the animals, unless advance permission has been granted by the affected landowner.
E.
A maximum combined total of six dogs and/or cats shall be permitted to be kept by residents of each dwelling unit or by occupants of any nonresidential lot.
(1)
Any greater number of dogs and/or cats shall need approval as a "kennel."
(2)
No limit shall apply to the number of cats kept for rodent control on a farm of more than 15 acres.
F.
Up to eight fowl may be kept as an accessory use on a residential lot of more than 6,000 square feet. A maximum of one pig, goat, sheep or similar animal of up to 150 pounds may be kept as an accessory residential use on a lot of more than one acre.
G.
In no case shall the total weight of all animals on a lot of less than five acres exceed an average of 1,000 pounds per acre. The Township may rely upon average weights for various animals in reference sources, such as is published by the Penn State University Cooperative Extension Service.
H.
Any shelter that is detached from a dwelling or manure storage areas for animals averaging less than 100 pounds in weight each shall be kept a minimum of 25 feet from the lot line of an adjacent dwelling. Any shelter that is detached from a dwelling or manure storage area for animals averaging more than 100 pounds in weight shall be setback a minimum of 75 feet from the lot line of an adjacent dwelling.
I.
Any keeping of "exotic wildlife" (as defined by the Pennsylvania Game and Wildlife Code) or any keeping of bears, wolves, wolf-dog hybrids, or venomous snakes shall need special exception approval and a state exotic wildlife possession permit (if applicable). The applicant shall have the burden of proof to show that such animal will not create nuisances or hazards to others.
§ 195-37 Illumination.
All exterior lighting shall be arranged and shielded to prevent objectionable illumination or glare upon adjoining properties and/or public right-of-way. The maximum spillover of light onto a residential lot in a residential, AP, RAC or VC District shall be 0.5 horizontal footcandles. See additional requirements regarding exterior lighting in the Township SALDO.[1]
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
§ 195-38 Private streets, access drives, and driveways.
A.
The development of all private streets, access drives, and driveways shall meet the requirements of Chapter 165, the Township SALDO.[1]
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
B.
Access to lots that preexist as of the effective date of this chapter shall be controlled and regulated by the appropriate provisions for street access as set out in Chapter 165, the Township SALDO.
(1)
Access to road. In addition, before a zoning permit pursuant to this chapter or any other building, construction, or occupancy permit pursuant to this or any other Chapter of the Code of Ordinances shall be issued by the Township's Zoning Officer, the applicant must provide documentation to the Zoning Officer sufficient to permit the Zoning Officer to determine that the applicant has a legally identifiable access, right-of-way, or easement sufficient to provide the required access from a public road to the access point on the lot for which the permit is sought. It shall be the sole responsibility of the applicant to obtain such documentation. In determining the sufficiency of such documentation, the Zoning Officer may consult with and obtain an opinion from the Township Solicitor. A determination by the Zoning Officer or the Township Solicitor of the sufficiency of such documentation will be based on a determination of the legal sufficiency of the documentation, and is not intended nor shall it be construed to be a determination of or opinion on the enforceability of such documentation.
C.
Stormwater. See the Township Stormwater Management Ordinance.[2]
[2]
Editor's Note: See Ch. 158, Stormwater Management.
§ 195-39 Drainage.
No principal building or accessory building or structure shall be erected, structurally altered or relocated on land which is not adequately drained at all times. In addition, all work must conform to the Township Stormwater Management Ordinance (Chapter 158 of the Code of the Township of North Codorus, Pennsylvania).
§ 195-40 Floodplain regulations.
A.
In addition to the provisions of this chapter, all portions of properties in the Township which are located in a floodplain area as identified in the Federal Emergency Management Agency (FEMA) 2009 Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) and/or as defined in the Township Floodplain Management Ordinance of 2009, or its successors, Chapter 102 of this Code, shall also be subject to and regulated by the provisions of Chapter 102 and the Township Subdivision Ordinance, Chapter 165 of this Code.
B.
To the extent that Chapter 102 of this Code is more restrictive than, or conflicts with, this chapter, the provisions of Chapter 102 shall apply. To the extent that there is no conflict, or the provisions of this chapter are more restrictive, the provisions of this chapter shall apply.
C.
Activities in the floodplain as identified in FEMA's 2009 FIS and FIRMs are regulated by the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq. (PFPMA), and the Township's Floodplain Management Ordinance of 2009, or its successors, Chapter 102 of this Code. Pursuant to § 204 of the PFPMA, the standards of the National Flood Insurance Program (NFIP) shall be deemed the minimum standards for the management of properties in the floodplain as defined and identified in the FIS, FIRMs and/or the Township's Floodplain Management Ordinance of 2009 or its successor, Chapter 102 of this Code, and the power of the Board of Supervisors or any other body to grant waivers, variances or other relief from the provisions of Chapter 102 pursuant to this chapter shall be limited to those minimum requirements of the NFIP, as provided in § 204 of the PFPMA and Chapter 102 of this Code.
D.
A new building shall not be built or placed within the one-hundred-year floodplain.
§ 195-41 Environmental performance standard.
No land or building in any district shall be used or occupied in such a manner so as to create any dangerous or objectionable elements in such amount as to adversely affect the surrounding area or premises. All uses of land or building shall initially and continuously comply with all applicable performance standards established by federal and state agencies.
§ 195-42 Ownership and maintenance of common open space.
See the provisions in the Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 165, Subdivision and Land Development.
§ 195-42.1 Sight distances at Intersections.
A.
Clear sight triangles shall be maintained at all street intersections and shall be so indicated on all plans. No obstruction that would obscure the vision of a motorist shall be permitted within the clear sight triangle. Additionally, no grading or landscaping that exceeds a height of three feet may be placed within the clear sight triangle. All areas within the clear sight triangle shall be designated on site plans and subdivision and land development plans.
(1)
The Township may allow a sign support post of up to 18 inches in width, a fence that is mostly open and can be seen through, and trunks of canopy trees (with branches cleared below eight feet) to be within a sight triangle if they do not obstruct sight distances. Note: Where trees overhang over a road cartway, a taller clearance may be required for branches.
(2)
The Township shall have the authority, but not the obligation, to require the trimming or removal of any object or vegetation that may be an obstruction to clear sight distances for motorists.
B.
Clear sight triangles shall be sized as follows:
(1)
The shortest leg of the clear sight triangle shall be measured along the centerline of a street or driveway and be located 15 feet back from the curb line or ultimate pavement edge (if no curb is constructed) of a through street.
(2)
Along the centerline of the through street, a leg of the triangle shall be located the following distances from the intersection of the centerlines:
[Amended 9-20-2016 by Ord. No. 272-09-2016]
Street Classification of the Through Street | Distance from Centerline in Each Direction (feet) | |
|---|---|---|
Local | 75 | |
Collector | 150 | |
Arterial | 300 |
(3)
The longest leg of the triangle shall connect with the other two legs.
(4)
An applicant shall only be responsible to establish a clear sight triangle on land that is under the control of the applicant.
C.
Sight distance at all street intersections and at the intersection of a vehicle driveway with a street shall be designed to meet the requirements of the PennDOT, as contained in the Highway Occupancy Permit Handbook, Publication 282, as amended or its successor document. As a condition of this chapter, these PennDOT sight distances shall be met, regardless of whether a state-owned street is involved. This Township requirement shall not apply if PennDOT approves a modification along a state-owned street (such as for a driveway limited to right turns only). The actual and required sight distance for each intersection shall be clearly labeled on the plan.
