Springettsbury Township
City Zoning Code
City Zoning Code
ARTICLE XXVI
Supplemental Regulations
§ 325-118 Animal hospitals, pet shops and animal grooming.
A.
Shall be permitted in M-U and C-H Districts.
B.
The primary use shall be the medical attention and professional care of small domestic animals or sale of small domestic animals.
C.
Boarding shall only be permitted for animals which must have medical supervision. All kennel facilities shall be within a completely enclosed structure and a minimum of 50 feet from any property line.
D.
The accumulation and storage of manure or other odor-producing substances shall not be permitted.
§ 325-119 Area and bulk regulations for lots without public water and/or public sewer.
Unless the regulations of the district in which they are located require greater lot areas or lot widths, the following regulations shall apply:
A.
Lot not served by public water or sanitary sewer system approved by the Department of Environmental Protection shall be not less than 100 feet wide at the building line or less than 40,000 square feet in area per dwelling unit.
B.
Lots served either by public water or sanitary sewer shall be not less than 100 feet wide at the building line nor less than 15,000 square feet in area per dwelling unit.
§ 325-119.1 Standards for drive-through facilities.
[Added 10-13-2022 by Ord. No. 2022-04]
A.
All restaurants with drive-throughs shall provide for stacking for at least 10 vehicles.
B.
All financial institutions or retail operations with drive-throughs shall provide for stacking for at least five vehicles.
C.
For purposes of calculating stacking of vehicles in this section, a minimum vehicle length of 18 feet shall be used.
D.
Drive-through aisles shall be designed in such a way as to avoid, where feasible, conflicts with pedestrian movements, and pedestrian crosswalks shall be provided where necessary.
E.
Drive-through facilities for restaurants shall provide a bypass lane.
F.
Drive-throughs for restaurants, retail operations, or financial institutions in the Mixed-Use Zoning District shall have access onto a major or minor arterial.
§ 325-120 Dumpster sites/waste collection areas.
A.
Outdoor trash/rubbish collection areas shall be located with emphasis upon shielding the site from public view and attempting to landscape the area near the site to minimize any detrimental effect upon neighboring properties.
B.
No collection site shall be permitted in any front yard area.
C.
The collection site shall be a minimum of 10 feet from any side or rear property line.
D.
Each site shall be screened with a six-foot masonry, wood stockade fence or basket weave fence. Other types of fencing may be permitted as approved by the Planning Commission and Board of Supervisors. Landscaping with shrubbery and trees is encouraged for all dumpster screening and may be required if materials other than those listed above are used.
E.
The maximum area of each site shall not exceed 400 square feet.
F.
Daily inspections by the property owners or tenants shall be conducted to collect any loose debris near the container and ensure animals or rodents do not inhabit the area.
§ 325-121 Fences.
A.
Fences may be erected, altered and maintained within the yards, provided any such fence or wall shall not exceed four feet in height. A fence not exceeding four feet in height may be installed on top of a retaining wall, provided that all such fences shall contain openings distributed on each square foot of the vertical surface of not less than 50% of the area of the fence.
B.
No walk, fence, sign or other structure shall be erected or altered and no hedge, trees, shrubs or other growth shall be maintained or permitted which may cause danger to traffic or a street or public road by obscuring the view. No fencing over two feet in height shall be permitted in any sight triangle as required under the Springettsbury Township Subdivision and Land Development Ordinance (Chapter 289).
C.
No fence, wall or other structure shall be erected or maintained within the right-of-way or any street, drainage or sewer right-of-way or any other public easement.
D.
A fence may be erected higher than four feet in the following instances:
[Amended 4-22-2010 by Ord. No. 2010-04]
(1)
A fence six feet in height is permitted on the rear and/or side property line of residential parcels.
(2)
A fence up to six feet in height may be erected, altered and maintained within all yards in the R-20 and R-R Zoning Districts to enclose operations involving the use of land or buildings for farming, stock raising, dairy, poultry and keeping of riding horses for personal use.
(3)
A fence up to six feet in height is permitted along the rear and/or side property line of parcels in the N-C, N-C/H, M-U and C-H Districts, provided that no fence greater than four feet in height shall be permitted within 10 feet of any street right-of-way line.
(4)
A fence may be erected higher than four feet but shall not exceed eight feet in B-I and G-I Industrial Districts if set back at least 10 feet from the property line.
§ 325-122 Group homes.
A.
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites.
B.
All group homes shall comply with the rules and regulations of the Department of Labor and Industry.
C.
Group homes shall be registered and licensed as required by either the federal government or the Commonwealth of Pennsylvania and shall be in compliance with all applicable rules and regulations of the licensing body.
D.
The use and occupancy relationship within a group home by its residents shall be the functional equivalent of a biologically-related family.
E.
Off-street parking for group homes shall be the same as required for single-family dwellings.
§ 325-123 Habitable floor area.
The minimum habitable floor area of a single-family dwelling unit or any building or other structure erected or used for living purposes shall be:
A.
In the R-1, N-C, N-C/H, M-U, T-N and F-R Districts: 700 square feet.
B.
In the R-7, R-10, R-20 and R-R Districts: 900 square feet.
C.
In the event the average floor area of the homes on abutting properties exceeds the minimum square feet of floor area required in Subsections A and B above, such homes shall be no less than 80% of the floor area of the homes on abutting properties, excluding the basement area. The floor area shall be determined using York County tax assessment data.
D.
In the case of multifamily dwellings, the minimum habitable floor area shall not be less than 450 square feet per dwelling, except those dwelling units designed for and occupied exclusively by one person, which apartments shall contain not less than 300 square feet of habitable floor area.
§ 325-124 Hotels and motels.
Hotels and motels are a permitted use in the C-H, F-D and B-I Districts subject to the following regulations:
A.
A site to be used for a hotel or motel establishment shall include an office and lobby and may include such accessory uses as:
B.
The minimum lot area shall be one acre; the minimum lot width shall be 150 feet; 800 square feet of lot area is required for each guest room.
C.
All principal and accessory buildings and structures shall cover a total of not more than 35% of the site. A freestanding restaurant, coffee shop, cafeteria or dining hall shall not cover more than 10% of the site.
D.
The maximum length of any building shall not exceed 200 feet. The total interior floor area of each guest room, inclusive of bathroom and closet space, shall be not less than 250 square feet.
E.
The maximum height of any building shall be as provided for in § 325-43F, Commercial Highway Zoning District, Area and Bulk Regulations.
F.
Distance between buildings shall not be less than 25 feet.
G.
Access shall only be by a major or minor arterial street and points of vehicular ingress and egress shall be limited to a total of one on any street.
H.
All building areas shall be at least 50 feet from street lines and all parking areas shall be at least 25 feet from all street lines. All parking areas serving a restaurant, cafeteria or coffee shop or dining hall shall be at least 30 feet from all guest rooms.
§ 325-125 Livestock, poultry and animals.
A.
In the R-R District, the use of land or buildings for farming, livestock raising, dairy, poultry and keeping of riding horses for personal use shall be subject to the following regulations:
[Amended 5-12-2022 by Ord. No. 2022-01]
(1)
All areas used for pasturing, grazing or exercise shall be securely fenced.
(2)
All animals, poultry and livestock shall, except while pasturing, grazing or exercising, be housed in a building erected or maintained for sheltering animals.
(3)
The building required by Subsection A(2) hereof shall not be located within 200 feet of any lot line.
(4)
No ponds or pools of water, mud pools or wallows shall be permitted on any land, nor shall any natural stream or body of water be allowed to become an animal wallow. This subsection shall not prohibit a farm pond properly fenced to keep out animals.
(5)
The accumulation and storage of manure or other odor-producing substances shall not be permitted within 200 feet of any lot line, and such accumulations and storage shall not be permitted beyond a reasonable period of time.
§ 325-126 Open space option development requirements.
A.
Public water and sewer. Both public water and public sewer shall be provided in any open space subdivision or development.
B.
Private streets. Regardless of the requirements of the Township's Subdivision and Land Development Ordinance (Chapter 289), private streets shall be a minimum of 20 feet in width and may be constructed without concrete curbs. Stone base and paving shall be in accordance with Township specifications. Grass swales shall be provided along these streets for stormwater control if curbs are not installed.
D.
Open space.
(1)
Open space areas shall be developed to complement and enhance the man-made environment. In the selection of the location of such areas, consideration shall be given to the preservation of natural and man-made features such as floodplains, including streams and ponds, slopes greater than 15%, natural permanent vegetation, historic resources and other community assets which will enhance the attractiveness and value of the open space development.
(2)
The common open space shall be so located and designed so that it is easily accessible to all dwelling units. Open space derived from reduced lot sizes shall be located within 400 feet of the reduced lot from which it was derived. Common open space shall be designed as a continuous system of usable areas, which are interspersed among groupings of residential buildings. Such open areas shall be located in one parcel and shall not be broken up unless the development site or its physical constraints dictate otherwise. No individual open space shall be less than one acre.
(3)
Open space shall be shown on the plan by shading to make the open space areas readily visible.
(4)
Safe and easy access to common open space areas shall be provided either by adjoining road frontage, easements or paths. Accessway to the site shall be sufficiently wide so that maintenance equipment shall have reasonably convenient access to such areas. In all instances, such open space areas shall be maintained in a careful and prudent manner.
E.
Ownership and maintenance of open space.
(1)
There shall be provisions to ensure that the open space shall continue as such and be properly maintained. Any of the following methods and no other may be used, either individually or together, to preserve, own and maintain open space:
(2)
The following specific requirements are associated with each of the various methods:
(a)
Homeowners' association: the establishment of a nonprofit homeowners' association. If a homeowners' association is formed, it shall be governed according to the following:
[1]
The landowner or developer shall provide the Township with a description of the organization, including its bylaws and methods for maintaining open space, which shall be acceptable to the Township and its Solicitor.
[2]
The organization is to be organized by the landowner or developer and operating with financial subsidy by the landowner or developer, if necessary, before the sale of any lots within the development.
[3]
Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
[4]
The members of the organization shall share equitably the costs of maintaining and developing open space in accordance with procedures established by them. If a member fails to pay his pro rata share, then a lien against an individual property may be made in accordance with the provisions for the same in the bylaws of the organization.
[5]
The organization shall be responsible for maintenance of and insurance and taxes on open space.
[6]
The organization shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Township Board of Supervisors.
(b)
Condominium association. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Unit Property Act of 1963 or most current revision. All open space land shall be held as common element.
[1]
The landowner or developer shall provide the Township with a description of the organization, including its bylaws and methods for maintaining open space, which shall be acceptable to the Township and its Solicitor.
[2]
The organization is to be organized by the landowner or developer and operating with financial subsidy by the landowner or developer, if necessary, before the sale of any lots within the development.
[3]
Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
[4]
The members of the organization shall share equitably the costs of maintaining and developing open space in accordance with procedures established by them. If a member fails to pay his pro rata share, then a lien against an individual property may be made in accordance with the provisions for the same in the bylaws of the organization.
[5]
The organization shall be responsible for maintenance of and insurance and taxes on open space.
[6]
The organization shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Township Board of Supervisors.
(c)
Transfer to a private conservation organization.
[1]
With permission of the Township, the landowner or developer may transfer either the fee-simple title with appropriate deed restrictions running in favor of the Township or the development rights or easements to a private nonprofit organization, one of whose purposes is to conserve open space land, provided that:
[a]
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.
[b]
The organization is chartered under the laws of the state to administer deed restrictions limiting eventual disposition of such property for the purposes stated in its articles of incorporation.
[c]
The conveyance contains appropriate provisions for reversion or retransfer in the event that the organization becomes unwilling or unable to continue to function.
[d]
A maintenance agreement acceptable to the Township is entered into by the landowner or developer and the organization.
(3)
The applicant for any proposed open space cluster development shall arrange with the York County Board of Assessment, when applicable, a method of assessment of the open space which will allocate to each tax parcel in the subdivision a share of the total assessment for such open space. Where this alternative is to be utilized, the method of allocation shall be approved by the Township Board of Supervisors
§ 325-127 Portable storage containers.
A.
There shall be no more than one portable storage unit per site, and said unit shall be no larger than eight feet wide, 16 feet long and eight feet high.
B.
No portable storage unit shall remain at a residential district in excess of three consecutive days, and portable storage units shall not be placed at any one site in a residential district in excess of six days in any calendar year.
C.
No portable storage unit shall remain at a site in a nonresidential district in excess of 30 consecutive days, and portable storage units shall not be placed at any one site in a nonresidential district in excess of 30 days in any calendar year.
D.
The storage unit must be placed out of the public right-of-way on a paved surface.
E.
It shall be unlawful for any person to place, or permit the placement of, one or more portable storage units on property which he or she owns, rents, occupies or controls without first having obtained a permit therefor.
§ 325-128 Prohibited uses.
A.
The following uses are prohibited in all districts throughout the Township:
(1)
The disposal of municipal or residual solid waste, except at a facility permitted in accordance with the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, P.L. 101, as amended, supplemented or revised and in compliance with 25 Pa. Code, Chapters 271 and 273.
(2)
The stripping of topsoil for sale, exclusive of the process of grading a lot preparatory to the construction of a building for which a zoning permit has been issued or when incidental to the expansion or operation of a lawfully permitted use.
§ 325-129 Public or private schools.
A public or private school, as it is defined in this chapter, shall be a permitted principal use in the R-1, R-7 and R-10, R-20, N-C, N-C/H and M-U Zones, subject to the following:
A.
Area, width and bulk requirements: As specified in each zoning district, except that schools shall not be permitted on lots without public water and public sewer service.
B.
All courses of instruction must, as a general rule, be conducted within the school building. Infrequent instruction in a discipline normally conducted or operated out-of-doors will be permitted so long as the remaining criteria of this section are complied with.
C.
No course of instruction, whether conducted inside or outside the school building, shall produce or result in any noise, unreasonable sound or offensive odor discernible beyond the property line.
D.
No instructional material, equipment or supplies shall be stored or, when not in use, be allowed to remain outside the school building.
E.
The school building shall comply in all respects with state, federal and local health, safety and building codes.
§ 325-130 Public utility facilities.
Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:
A.
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
B.
Height shall be as required by the district regulations.
D.
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.
E.
Landscaping and buffer yards shall be provided in accordance with the Subdivision and Land Development Ordinance (Chapter 289). Such buffer yards may be coterminous with any required yard in the district and, in case of conflict, the larger yard requirements shall apply.
F.
The external design of the building shall be in conformity with the buildings in the district.
G.
Access for unhoused equipment where vehicular access is across the front yard: The gate shall be constructed of solid materials having not less than 50% solid in ratio to open space. In residential districts, the permitted public utility facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility or the installation of equipment causing hazardous effect.
H.
No equipment causing noise, vibration, smoke or odor beyond the property line shall be permitted.
§ 325-131 Temporary use and structure.
A.
Erection and use of a temporary structure or outdoor sales areas not designated as such on an approved land development plan shall be in connection with a special sales promotion or event held by the occupant of the property only. Sales by parties, companies or agents of organizations unrelated to the normal activity on the site are strictly prohibited. Sales of unrelated merchandise, such as foodstuffs and/or craft or rummage items, are not permitted.
B.
A permit shall be required and prominently displayed throughout the event. Applicants for such permit must affirm that products to be displayed or sold are those associated with normal business promotion on the site and that no sales will be permitted by any other person or agencies.
C.
No more than four events may be held during one calendar year by any one applicant and at any one location, providing that the cumulative events do not total more than 45 separate days.
D.
Any structure covering an area in excess of 120 square feet shall be subject to inspection and compliance with all Township building and fire codes, as may be amended from time to time.
E.
No temporary or outdoor sales shall take place on sidewalks or in parking areas, except to the extent the Township Zoning Officer determines that there will still be sufficient parking available for all uses located on that site, including the temporary/outdoor sales.
F.
Signs erected on the property in conjunction with the event shall be only as permitted in Article XXIV.
H.
No storage in truck bodies or trailers shall be permitted on the site during the event.
I.
Any open-air sales or street corner vending not meeting the requirements of this section are strictly prohibited in all zoning districts of the Township.
J.
Notwithstanding the general prohibition in Subsection A above, special sales promotions by parties, companies or agents of organizations who are not occupants of the property and whose sales may not be related to the normal activity on the site shall be permitted provided that the following conditions are met:
[Added 1-24-2008 by Ord. No. 2008-01]
(1)
The display area shall be no larger than 10 feet by 10 feet, and shall be adjacent to the principal building. Use of the parking area is prohibited, and the display area shall not impede public access or provide an unsafe pedestrian situation;
(2)
No tent or other temporary structure within the display area is permitted;
(3)
A permit shall be required either in the name of the occupant of the property or with the written consent of the occupant of the property, and the special sales promotion at the site shall be allowed for two consecutive days per permit approval; and
(4)
The cumulative total of special sales promotions at the site shall not exceed 30 days per calendar year.
§ 325-132 Truck; large vehicle parking and storage.
A.
In all residential zoning districts and in a Neighborhood Commercial District, no truck-tractors, semi-trailers or combinations thereof shall be parked or stored outdoors, on or off of a public street or highway, except for the purpose of loading or unloading. This loading or unloading must be easily verifiable by code enforcement personnel, and during such times of loading or unloading, such truck-tractors, semi-trailers or combinations thereof shall not be permitted to have their engines, generators or refrigeration units of any sort in operation for a period exceeding a total of 30 minutes in any twenty-four-hour period.
B.
Exception. Vehicles used for residential moving shall be permitted to park for periods not to exceed 24 hours.
§ 325-132.1 Adaptive reuse to mini storage facility.
[Added 2-27-2020 by Ord. No. 2020-01]
Adaptive reuse to mini storage facility shall be a permitted use in the Town Center Overlay, subject to the following requirements:
A.
No advertising signs will be permitted on the property other than identifying signs for the storage facility itself in accordance with this chapter.
B.
All lighting shall be shielded to direct light away from adjacent property and streets.
C.
All storage shall be confined to the interior of the existing building.
D.
The following uses are strictly prohibited:
(1)
Office activities, except for offices used in connection with the management or operation of the storage facility.
(2)
Establishment of a transfer business.
(3)
Vehicle or trailer rental services.
(4)
Repair, construction, reconstruction or fabrication of any item, including but not limited to any boat, engine, motor vehicle or furniture.
(5)
Auctions, wholesale or retail sales (including garage sales); provided, however, that accessory retail sales of boxes, packing supplies, tape, packaging materials, or other products customarily sold in connection with a self-storage facility shall be permitted in the manager's office.
(6)
Bulk storage of gasoline, diesel fuel, paint, paint remover and all other flammable, combustible, explosive or hazardous materials and chemicals. Nothing in this section is meant to prohibit the storage of motor vehicles or equipment that contain a normal supply of such fuels for their operation.
(7)
The operation of power tools, spray-painting equipment or any other use that is noxious because of odors, dust fumes, vibrations or emissions, except as necessary to maintain the premises.
(8)
Internet/phone service to individual units, although phone and internet service to the facility office and pay phones within the facility are permitted.
(9)
Accessory buildings and/ or uses not incidental to operation of the facility.
E.
Building(s) renovated for mini storage pursuant to this section shall comply with all applicable provisions of Chapter 128[1] of the Code of Ordinances. Building(s) renovated for mini storage that are structurally connected to existing retailers or other uses shall specifically (but not exclusively) comply with the fire separation requirements contained in the 2015 International Building Code.