Shippensburg City Zoning Code
ARTICLE X
Supplementary Regulations
§ 150-48 Nonconforming structures and uses.
A.
Continuation. Any lawful use of a building or land existing at the effective date of this chapter may be continued, although such use does not conform to the provisions of this chapter.
B.
Extension. A nonconforming use of land or building shall not be extended or structurally altered; provided, however, that the Borough Council may, as a conditional use, authorize:
(1)
The structural alteration of a nonconforming building where such alteration is necessary for the building or the use of the building to conform to the requirements of the district in which such building is situated.
(2)
The extension of a nonconforming use of a portion of a building throughout the building, or the limited extension of a building which is devoted to a nonconforming use on a lot, provided that:
(a)
It is clear that such extension is not materially detrimental to the character of the surrounding area or the interests of the Borough.
(b)
The area devoted to the nonconforming use shall in no case be increased by more than 50% of the size of the footprint of the existing nonconforming structure.
[Amended 2-2-2010 by Ord. No. 853, approved 2-2-2010]
(c)
Such extension shall conform to the area and height regulations of the district in which it is situated.
C.
Changes. An existing nonconforming use may be changed to another nonconforming use when authorized as a conditional use by the Borough Council. However, Borough Council reserves the right to set conditions on such use and the associated improvements required to construct and operate the new use.
D.
Restoration. A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed, repaired and used for the same nonconforming use, provided that reconstruction shall be commenced within six months from the date the building was destroyed or condemned. This reconstruction shall be carried on without interruption. No such building shall be used for a nonconforming use until it is completed to the satisfaction of the Borough Manager or his or her designee. Reconstruction must be completed within 12 months following the destruction.
E.
Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
§ 150-49 Nonconforming lots.
A "nonconforming lot" is a lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
A.
Held in single and separate ownership. A building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required vegetative coverage and yard requirements for the district in which such lot is situated, provided that plans for the proposed work shall be approved by the Zoning Hearing Board, after review of such plans to assure reasonable compliance with the spirit of the zoning regulations for the district.
B.
Included in recorded plan. Buildings may be erected on lots which are not held in single and separate ownership at the effective date of the enactment of this chapter and which are not of the required area or width, if such lots are included in a land subdivision and development plan which has been approved by Borough Council, and must be recorded in the courthouse subsequent to the effective date of the enactment of this chapter.
§ 150-50 Reduction of lot.
No lot area shall be so reduced that the area of the lot or the dimension of the open spaces shall be smaller than herein prescribed.
§ 150-51 Conversion of residential dwelling to multiple-family use.
The Shippensburg Borough Council may authorize, as a conditional use in any district other than M-1, M-2, R-1 and R-2 Districts, the conversion of any dwelling existing at the effective date of this chapter into a dwelling for not more than four families, subject to the following requirements:
A.
The lot area and yard setbacks shall not be reduced to less than the requirements of the district in which the lot is located.
B.
No structural alteration of the building exterior shall be made except as may be necessary for purposes of sanitation or safety.
C.
The Borough Council may prescribe such building conditions, with respect to the conversion and use of such building, as it decides appropriate, in accordance with § 150-88.
E.
Labor and industry approval of plans.
§ 150-52 Conversion of residential dwelling to commercial use.
The Shippensburg Borough Council may authorize, as a conditional use in any district where the proposed use is allowed, the conversion of any dwelling existing at the effective date of this chapter into a commercial or business use, subject to the following requirements:
A.
The lot area, lot coverage, lot width and yard setbacks shall not be reduced to less than the requirements of the district in which the lot is located.
B.
No structural alteration of the building exterior shall be made except as may be necessary for purposes of sanitation or safety.
C.
The Borough Council may prescribe such building conditions, with respect to the conversion and use of such building, as it decides appropriate, in accordance with § 150-88.
E.
Labor and industry approval of plans.
§ 150-52.1 Conversion of industrial building to multiple-family residential use.
[Added 9-15-2020 by Ord. No. 948, approved 9-15-2020]
The Shippensburg Borough Council may authorize, as a conditional use in the M-1 District, the conversion and adaptive reuse of an industrial building, existing at the effective date of this chapter, into a multiple-family dwelling, subject to the following requirements:
A.
A building proposed for conversion to multiple-family residential use must have been constructed in or before 1936. Additions made to the building after 1936 shall be eligible for conversion.
B.
Density and dimensional standards. The following density and dimensional standards shall apply:
(1)
The dimensional regulations stated in § 150-23B(1) through (3) shall only apply to newly constructed buildings and not the building being converted. Any new construction shall comply with these sections.
(2)
The minimum building size for conversion shall be 60,000 square feet.
(3)
The maximum number of dwelling units within the building shall be the lot area divided by 4,500 square feet.
[Amended 5-19-2022 by Ord. No. 960, approved 5-19-2022]
(4)
Principal and accessory buildings shall not occupy more than 50% of the total lot area of the tract.
C.
Design standards.
(1)
No structural alteration of the building exterior shall be made except as may be necessary for purposes of historic preservation, sanitation or safety. Exterior building materials shall be maintained or replaced with like materials in order to retain or preserve the historic visual character of the building.
(2)
All building additions shall be compatible with the existing building in appearance, size, scale, and materials.
(3)
The storage of refuse shall be provided inside the building or within an outdoor area enclosed by either walls or an opaque fence that is architecturally compatible with the primary building in terms of scale and building materials.
D.
General development regulations. The proposed development shall be constructed in accordance with an overall site plan and shall be designed with appropriate landscaping, common open space, lighting, pedestrian circulation, and parking areas.
E.
The Borough Council may prescribe such building conditions, with respect to the conversion and use of such building, as it decides appropriate, in accordance with § 150-88 of this chapter.
F.
Labor and Industry approval of plans.
§ 150-53 Exemptions for public utilities.
This chapter shall not apply to any existing or approved building or extension thereof used or to be used by a public utility corporation if, upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
§ 150-54 Provisions for accessory structures.
A.
Attached structures. An accessory structure, attached to the principal structure, is considered a part of the principal structure for all regulatory purposes.
B.
Nonattached structures. An accessory structure, standing apart from the principal structure, is permitted only in a rear yard, provided that it is at least five feet from any side lot line and 10 feet from any rear lot line and not located within any required front setback area. The following provisions, however, set forth modifications to this regulation, as well as additional regulations governing nonattached structures.
(1)
In cases where the rear or side of a lot abuts a public alley, the accessory building shall be set back a distance of 10 feet between the building line and the alley line. Where such lot is located at an alley intersection, the setback distance shall be 10 feet from both alley lines (see § 150-55).
§ 150-55 Vision obstruction.
On any corner lot, or at any accessway, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other vegetation shall be maintained which may cause danger or create a safety hazard to traffic on a street by obscuring the view.
§ 150-56 Restricted uses.
A.
No use or activity shall be permitted that will create any dangerous, injurious, noxious, or otherwise objectionable situation or effect or which by reason of noise, dust, odor, appearance, smoke or other objectionable factor creates a nuisance, hazard or other adverse effect upon the value or reasonable enjoyment of the surrounding properties. More specifically, a use or activity shall not:
(1)
Constitute a nuisance or danger to human health and safety, livestock or plants, or any other property as a result of the emission or dissemination of any fumes, smoke, odor or dust beyond the property lot of the premises upon which such use or activity is located.
(2)
Create any noise or vibration exceeding the average intensity or noise or vibration occurring from other sources at the property line.
(3)
Endanger any surrounding area by reason of fire or explosion.
(4)
Create any electrical disturbances or adversely affect the operation of equipment located off the premises.
(5)
Discharge any dangerous or untreated effluent into any stream or other body of water, or otherwise contribute to the pollution of surface or underground water as described in the Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1, as amended.
(6)
Create an undesirable or dangerous traffic condition on the street or in a nearby area, or generate a nuisance to any nearby property because of increased traffic.
(7)
Create any other objectionable condition that will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B.
Attached or row buildings used exclusively as dwellings shall not be permitted in any district except R-2, R-3 and R-4.
C.
Light, glare and heat shall be regulated by the following:
[Amended 2-4-2020 by Ord. No. 944, approved 2-4-2020; 5-5-2020 by Ord. No. 945, approved 5-5-2020; 11-4-2021 by Ord. No. 954, approved 11-4-2021]
(1)
Streetlighting exempted. This section shall not apply to streetlighting or lighting of municipal or school district recreational facilities that are owned or maintained by the Borough, state or Shippensburg Area School District.
(2)
No uses shall generate glare in such a way that lights shine into the eyes of motorists and create a safety hazard or that is seriously offensive to persons of ordinary sensibilities within a dwelling.
(3)
Outdoor light fixtures installed and maintained upon private property within the Borough of Shippensburg shall comply with the following:
[Amended 7-6-2023 by Ord. No. 963, approved 7-6-2023]
(a)
Outdoor light fixtures shall be shielded such that the light rays emitted by the fixture comply with the provisions of this section.
(b)
Where used for on- or off-premises signs or for decorative effects or recreational facilities such as for building, landscape or ball field illumination, the outdoor light fixtures shall be equipped with automatic timing devices (motion detectors or dusk/dawn), be shielded or comply with the provisions of this section.
(c)
Outdoor fixtures shall be required to have all light focused downward (see Figure 2).[1]
[1]
Editor's Note: Figure 2 is included as an attachment to this chapter.
(d)
Outdoor light fixtures shall be restricted to 20 feet in height in the following zones: R-1, R-2, R-3, R-4, I-1, O-S, N-C, and Historic Overlay (see Figure 3).[2]
[2]
Editor's Note: Figure 3 is included as an attachment to this chapter.
(e)
Outdoor light fixtures shall be restricted to 60 feet in height in the zones not listed immediately above.
[1]
This shall not limit lights needed for air travel safety or lights aimed directly towards a tower or steeple.
(f)
Rotating, flashing, moving, flickering or stationary beacons of light or strobe lighting are prohibited.
(g)
No more than 0.3 footcandle of light shall be detectable at any property line within 100 feet of the interior of the Historic Overlay District.
(h)
Unless otherwise specified herein, no more than one footcandle of light shall be detectable at any property line.
(i)
All outdoor light fixtures installed and maintained upon private property shall be turned off between 11:00 p.m. and sunrise, except when used for:
(j)
All illuminated on-premises signs for advertising purposes shall be turned off between 11:00 p.m. and sunrise, except that on-premises signs may be illuminated while the business facility on the premises is open to the public.
(k)
All outdoor light fixtures shall be installed in conformity with all other applicable provisions of this chapter.
§ 150-57 Parking requirements.
In all districts, off-street parking space shall be provided as follows:
A.
No less than two off-street parking spaces, with proper access from a street or alley, shall be provided for each proposed dwelling unit.
B.
Nothing in this section shall be construed to prevent the establishment of joint parking facilities for two or more uses.
C.
Off-street parking space, with proper access from a street or alley, shall be provided in the amounts indicated below on or near any lot on which the following types of uses are hereafter established:
(1)
Hotel, motel, group housing or similar establishment: one space for each rental room or suite plus two spaces for any owner/occupant plus one per each full-time employee of such facility.
(2)
Theater, auditorium, church or other place of public assemblage: one space for every five seats.
(3)
Commercial/retail: one per 250 square feet up to 5,000 square feet, then one per 400 square feet.
(4)
Industrial establishment: one space for each one employee on the shift with the most employees.
(5)
Existing and future commercial or business uses locating within the Neighborhood Commercial (N-C) District are exempt from off-street parking requirements in this section.
(6)
Office (nondental and nonmedical): one per 300 square feet.
(7)
Dental and medical office: one per full-time employee plus one per examining/treatment room.
(8)
Restaurant: one per two seats plus two for each three employees on the largest shift.
(9)
Churches: one per five seats plus one per full-time employee, except in the Historic Overlay District.
(10)
Manufacturing, warehousing and truck terminals: two per three employees on the largest shift plus four for visitors.
D.
Each off-street parking space shall comply with the requirements of the Borough of Shippensburg Subdivision and Land Development Chapter, Ordinance No. 93-626, § 137-27A.
E.
Parking areas shall be graded to provide convenient vehicular access and proper drainage and shall be paved with a hard or semi-hard material, excluding shale, or otherwise treated to prevent dust or other loose cover from becoming a nuisance or a hazard. All parking access or other vehicular service areas shall be adequately illuminated during night hours of use. Such lighting shall be arranged so as to protect the highway and any adjoining property from direct glare or hazardous interference of any kind.
F.
Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.
§ 150-58 Loading and unloading space.
Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered. In areas of controlled parking, loading and unloading space must be ordained by the Borough Council.
§ 150-59 Temporary use permit.
A temporary permit may be authorized by the Zoning Hearing Board for a nonconforming structure or use which it deems necessary to the public health or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such a permit shall be issued for a specific period of time not exceeding one year and may be renewed annually for an aggregate period of not more than three years, including the original authorization.
§ 150-60 Front yard exception.
A.
The front yard of a proposed building must be decreased in depth to the average alignment of existing buildings within 110 feet on each side of the proposed building, and within the same block, if such alignment of existing buildings is less than the front yard requirement for the district.
§ 150-61 Corner lots.
A corner lot or multiple-frontage lot as defined in § 150-134 shall, for the purposes of this chapter, provide two front and two side yards. Each front yard should abut a street.
§ 150-62 Unrelated occupants.
A group of unrelated persons, excluding domestic workers, living together as a single housekeeping unit in a dwelling unit shall not include more than three unrelated persons.
§ 150-62.1 Day-care center.
[Added 2-4-2020 by Ord. No. 944, approved 2-4-2020; amended 5-5-2020 by Ord. No. 94520-945, approved 5-5-2020]
Day-care center. In the N-C, I-1 and T-C zones, and subject to the requirements of those zones, except as herein modified and provided:
A.
All day-care centers shall be registered with the Pennsylvania Department of Public Welfare.
B.
Outdoor play areas for children shall be sufficiently enclosed to provide for the health and safety of the children as determined by the Borough Council or Borough Engineer.
C.
In addition to the required parking for the dwelling unit, at least two spaces must be provided for the day-care center.
§ 150-62.2 Fitness and health center.
[Added 2-4-2020 by Ord. No. 944, approved 2-4-2020; amended 5-5-2020 by Ord. No. 945, approved 5-5-2020]
Fitness and health center. In the N-C, C-1, M-1 and T-C zones, and subject to the requirements of those zones, except as herein modified and provided:
A.
Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses.
B.
All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, and 25 feet from all other lot lines, and 100 feet from any residentially zoned and/or used property.
C.
Any accessory eating or retail use shall not be directly accessible without passing through the main entrance.
D.
All lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets.
§ 150-62.3 Emergency services station.
[Added 2-4-2020 by Ord. No. 944, approved 2-4-2020; amended 5-5-2020 by Ord. No. 945, approved 5-5-2020]
Emergency services station. In the N-C and T-C zones, and subject to the requirements of those zones, except as herein modified and provided:
A.
All buildings and facilities shall be set back at least 15 feet from any property line and 35 feet from a street right-of-way line.
B.
All off-street parking shall be at least 10 feet from adjoining property lines.
C.
Outdoor storage of vehicles and related equipment shall be prohibited.
D.
Access shall be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
§ 150-62.4 Massage therapist business.
[Added 2-4-2020 by Ord. No. 944, approved 2-4-2020; amended 5-5-2020 by Ord. No. 945, approved 5-5-2020]
Massage therapist business.In the N-C, C-1 and T-C zones, and subject to the requirements of those zones, except as herein modified and provided:
A.
A massage therapist business shall not operate between the hours of 10:00 p.m. and 6:00 a.m.
B.
A massage therapist business must at all times display a valid certification from the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB).
C.
Massages shall be administered in an area of the building which is not visible to the general public from the public right-of-way.
§ 150-62.5 Dispensary – medical marijuana.
[Added 1-21-2025 by Ord. No. 971, approved 1-21-2025]
Except as expressly provided for otherwise in this chapter, the definitions set forth in 35 P.S. § 10231.103, as amended, are incorporated herein by reference. Dispensary – medical marijuana shall be a permitted use in the Transitional-Commercial (T-C) Districts, subject to the following performance standards:
A.
A medical marijuana dispensary must at all times possess a current valid medical marijuana permit from the Department of Health of the Commonwealth of Pennsylvania. A dispensary shall post a copy of its permit in a location within its facility in a manner that is easily observable by patients, caregivers, law enforcement officers and agents of the Department of Health of the Commonwealth of Pennsylvania.
B.
A medical marijuana dispensary may only dispense medical marijuana in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
(1)
There shall be no passageways connecting the facility to any other use.
(2)
The building in which the medical marijuana dispensary is located, as well as the operations as conducted therein, shall fully comply with all applicable rules, regulations, and laws, including, but not limited to, zoning and building codes, the Revenue and Taxation Code, the Americans with Disabilities Act,[1] and the Medical Marijuana Act[2] or any successor legislation permitting the use of medical marijuana by adults.
(3)
Each medical marijuana dispensary facility shall install and maintain continuous video surveillance. Each dispensary is required to retain the recordings on-site or off-site for a period of no less than 180 days.
C.
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
D.
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
E.
Permitted hours of operation of a medical marijuana dispensary shall be between the hours of 9:00 a.m. and 9:00 p.m. (of the same calendar day).
G.
A medical marijuana dispensary may only dispense medical marijuana to certified patients and medical marijuana caregivers in accordance with the provisions of the Pennsylvania Medical Marijuana Act and shall comply with all lawful, applicable state and local health regulations.
H.
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private, or parochial school, a day-care center, place of worship, playground, public park, or business whose primary clientele are minors. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the dispensary is located or proposed to be located to the closest property line of the aforementioned uses, regardless of the municipality in which it is located.
I.
A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. The separation distance does not apply to the distance between the grower/processor and the specific dispensary they service or with which they partner.
J.
A medical marijuana dispensary shall have not less than 10 off-street parking spaces, and an additional off-street parking space shall be required for each 250 square feet of a dispensary above 5,000 square feet.
K.
Screening/buffer planting is required where a medical marijuana dispensary adjoins a residential use or district, with the screening/buffer planting meeting the requirements set forth in § 137-32A(1) and (4) of the Code.
L.
If a proposed medical marijuana dispensary will generate 100 new vehicle trips in the peak direction (inbound or outbound) during the site peak traffic hour, the applicant for the proposed dispensary shall be required to perform a traffic impact study in accordance with §§ 137-36 and 137-37 of the Borough of Shippensburg Subdivision and Land Development Ordinance.
M.
An applicant for a proposed medical marijuana dispensary shall be responsible for any improvements required to provide safe and convenient ingress and egress to the development site in accordance with § 137-38 of the Borough of Shippensburg Subdivision and Land Development Ordinance.
N.
All accesses must secure the appropriate highway occupancy permit, and a clear sight triangle must be maintained and driveways must be designed and improved to the standards expressly described in § 137-26 of the Borough of Shippensburg Subdivision and Land Development Ordinance.
O.
Loading and unloading space shall follow the requirements as set forth in § 150-58, Loading and unloading space, of the Borough of Shippensburg Zoning Ordinance. Further requirements for loading areas shall be provided in accordance with the provisions of the Borough of Shippensburg Subdivision and Land Development Ordinance.[3]
P.
In the advertising and marketing of medical marijuana and medical marijuana products, a medical marijuana dispensary shall be consistent with the federal regulations governing prescription drug advertising and marketing as provided in 21 CFR 202.1 (relating to prescription drug advertisements). Promotional, advertising and marketing materials shall be approved by the Department of Health of the Commonwealth of Pennsylvania prior to their use.
Q.
The operators of all medical marijuana dispensaries shall provide the Borough Manager or his or her designee with the name, phone number, and email address of an on-site representative to whom the Borough and the public can provide notice if there are any operational problems associated with the medical marijuana dispensary. This information shall be updated by the operators as necessary so that the information is always kept current.