(A)   Zoning districts. For the purposes of this chapter, the borough is hereby divided into the following zoning districts, with the following abbreviations:

 

 

   (B)   Official zoning map. For the purposes of this chapter, the zoning districts named in this section shall be of the number, size, shape and location shown on the official zoning map.

   (C)   Overlay districts. The floodplain area, as defined by § 154.083, shall serve as an overlay district o the applicable underlying districts.

   (D)   Purposes of each district. In addition to the overall purposes and objectives of this chapter and the Comprehensive Plan, the purposes of each zoning district are summarized below.

      (1)   R1 Low Density Residential District. To provide for low density residential neighborhoods; to protect these areas from incompatible uses; to encourage neighborhood stability.

      (2)   R2 Medium Density Residential District. To provide for medium density residential neighborhoods, with a mix of housing types; to protect these areas from incompatible uses; to encourage “one home on one lot” (which may be attached to another home) in order to promote home ownership and neighborhood stability; and to make sure that infill development is consistent with neighboring development.

      (3)   NC Neighborhood Commercial/Residential District. To promote pedestrian-oriented commercial activities; to promote an appropriate mix of retail, service, office, public, institutional and residential uses; to avoid heavy motor vehicle-related commercial uses that are most likely to conflict with nearby homes and the pedestrian-orientation, and which are most likely to cause demolition of historic buildings; and to primarily provide for smaller scale uses that utilize existing buildings, as opposed to uses that would involve substantial demolition.

      (4)   MU Mixed Use District. To provide for a range of business uses and some institutional and residential uses that would be compatible with the surrounding neighborhood, and that would allow reuse of existing buildings.

      (5)   LIC Light Industrial Commercial District. To provide for a range of light industrial uses; to recognize that there are no appropriate locations within the borough for the heaviest types of industrial uses, because of the proximity of homes to all areas of the borough, the locations of the creek, the importance of preserving historic buildings, the congestion of the street system and the very limited amounts of undeveloped land; and to carefully control the types of industrial operations to avoid nuisances (such as excessive noise) and hazards.

(2006 Code, § 27-301) (Ord. 12/18/2003, passed 12-18-2003, § 301)

   (A)   The regulations set in this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.

   (B)   No structure shall hereafter be erected, used constructed reconstructed, structurally altered occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations in this chapter specified for the use and district in which it is located.

   (C)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

   (D)   Boundary change: any territory which may hereafter become part of the borough through annexation or a boundary adjustment shall be classified as the R1 Zoning District of the borough until or unless such territory is otherwise classified by Borough Council.

(2006 Code, § 27-302) (Ord. 12/18/2003, passed 12-18-2003, § 302) Penalty, see § 154.999

   (A)   Generally. A map entitled “North York Borough Zoning Map”, is appended to this chapter and is declared a part of this chapter. The official zoning map of the borough with the words “Official Zoning Map” shall be retained in the borough offices.

   (B)   Map changes. Changes to the boundaries and districts of the official zoning map shall only be made in conformity with the amendment procedures specified in the Municipalities Planning Code, as amended, 53 P.S. §§ 10101 et seq.

   (C)    Replacement map. If the official zoning map becomes damaged, destroyed lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Borough Council may, by resolution, adopt a new copy of the official zoning map which shall supersede the prior official zoning map. Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.

(2006 Code, § 27-303) (Ord. 12/18/2003, passed 12-18-2003, § 303)

   The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the official zoning map.

   (A)   District boundary lines are intended to follow or be parallel to the centerline of street rights-of-way, creeks, railroads and lot lines as they existed at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the official zoning map.

   (B)   Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.

   (C)   The location of a district boundary that divides a lot shall be determined by the use of the scale appearing on the zoning map unless indicated otherwise by dimensions.

   (D)   Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.

(2006 Code, § 27-304) (Ord. 12/18/2003, passed 12-18-2003, § 304)

   (A)   Intent. To continue the objective of compatible land uses across municipal boundaries.

   (B)   Generally. This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same additional setback and buffer yard provisions shall be provided by uses proposed within the borough regardless of whether such abutting existing dwelling or primarily residential zoning district is located in an abutting municipality and/or in the borough.

(2006 Code, § 27-305) (Ord. 12/18/2003, passed 12-18-2003, § 305)

   (A)   Generally. For the purposes of this section, the following abbreviations shall have the following meanings:

 

 

   (B)   Table of uses. Unless otherwise provided by law or specifically stated in this chapter (including § 154.005(C)), any land or structure shall only be used or occupied for a use specifically listed in the following table under residential uses and commercial uses as allowed in the zoning district where the land or structure is located. Except as provided in § 154.005(B), any use that is not specifically listed as P, C or SE in the applicable district in this section is prohibited in that district. Any use shall only be permitted if it complies with all other requirements of this chapter.

      (1)   This table of uses was prepared to carry out the Manchester Township-North York Borough Joint Comprehensive Plan.

      (2)   The table division (G) addresses primarily residential zoning districts, while table division (A) addresses primarily business zoning districts.

      (3)   For temporary uses, see § 154.003.

      (4)   See § 154.140(B) regarding number of uses and buildings per lot.

 

   (C)   Permitted accessory uses in all districts.

      (1)   An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter.

      (2)   The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 154.067, and all other requirements of this chapter:

         (a)   Standard antennas including antennas used by contractors to communicate with their own vehicles;

         (b)   Fence or wall;

         (c)   Garage, household;

         (d)   Garage sale;

         (e)   Pets, keeping of;

         (f)   Parking or loading, off-street, only to serve a use that is permitted in that district;

         (g)   Recreational facilities, limited to use by residents of a development, and their occasional invited guests;

         (h)   Residential accessory structure (see definition in § 154.031);

         (i)   Signs, as permitted by §§ 154.115 through 154.126;

         (j)   Swimming pool, household; and

         (j)   Such other accessory use structure that the applicant proves to the satisfaction to the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.

   (D)   Permitted accessory uses to business and institutional uses. The following are permitted by right accessory uses only to a lawful principal commercial, industrial or institutional use, provided that all requirements of this chapter are met:

      (1)   Storage of fuels for on-site use or to fuel company vehicles;

      (2)   The following accessory uses, provided that the use is clearly limited to employees, patients, residents, students and families of employees of the use and their occasional invited guests:

         (a)   Internal cafeteria without drive-through service;

         (b)   Day care center; and

         (c)   Recreational facilities.

      (3)   Shelters for persons waiting for buses;

      (4)   Automatic transaction machine (ATM); and

      (5)   Storage sheds meeting the requirements of § 154.051(A).

(2006 Code, § 27-306) (Ord. 12/18/2003, passed 12-18-2003, § 306; Ord. 2014-2, passed 5- -2014)

   (A)   (1)   The following areas, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§ 154.066 or 154.067 or another section of this chapter.

      (2)   All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in § 154.031.

 

   (B)   Height.

      (1)   The following height provisions shall apply unless specifically stated otherwise for a specific use.

      (2)   The maximum height of structures shall be three stories or 40 feet, whichever is more restrictive, except as follows.

         (a)   Structures that are accessory to dwellings shall have a maximum height of two stories (with the top story limited to non-habitable storage areas) or 25 feet, whichever is more restrictive.

         (b)   See also § 154.141.

   (C)   Accessory structure setbacks.

      (1)   An accessory structure shall comply with the front yard setback listed in division (A) above. A three feet wide minimum side and rear yard setback shall apply for a permitted detached structure that is accessory to a dwelling.

      (2)   However, such setback may be reduced to two feet in the R2 District.

(2006 Code, § 27-307) (Ord. 12/18/2003, passed 12-18-2003, § 307)