Waynesboro City Zoning Code
ARTICLE IX
Supplemental Regulations
§ 295-71 Street frontage and street jurisdiction.
[Amended 5-18-2022 by Ord. No. 1198]
A.
Street frontage. Every principal building shall be built upon a lot with frontage upon a street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter 250, Subdivision and Land Development, of the Borough, unless a modification or waiver of § 250-24D is granted by Borough Council. A condominium unit is exempt from this requirement if the condominium development as a whole fronts upon a public street.
B.
Street jurisdiction. All streets built within subdivisions and land development shall be built to Borough standards, including those within Chapter 250, Subdivision and Land Development, and other applicable Borough regulations. All streets built within subdivisions and land developments, except those within mobile home parks, shall be offered for dedication to the Borough. Access drives shall remain private.
§ 295-72 The number of principal structures on a lot.
In any district, not more than one structure housing a permitted principal use may be erected on a single lot unless yard and other requirements of this chapter are met for each structure as though it were on an individual lot, except as otherwise provided in this chapter, and except in the case of condominium, townhouse or multifamily development where the Schedule of Area, Yard and Height Requirements[1] shall prevail.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 295-73 General lot and yard requirements.
[Amended 12-6-2017 by Ord. No. 1162]
A.
Where a street or highway shown on the Street and Highway Plan of the Borough has a proposed right-of-way greater than that existing, the front yard requirement shall be measured in accordance with the proposed right-of-way.
B.
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages.
C.
In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the zone shall be provided on the other frontage. However, the provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot less than 100 feet in width. Corner lots shall observe the same requirements for front yards on both streets as apply to adjoining interior lots facing upon such streets.
D.
In the case of reversed frontage lots, a front yard of the required depth shall be provided on the street to which the principal building fronts.
E.
In the case of corner lots with more than two frontages, the Zoning Officer shall determine the front yard requirements, subject to the following limitations:
F.
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projection of sills, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum side yards more than 24 inches. Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor may extend into any yard, provided the total area of all such porches which extend into such yards does not exceed 200 square feet. Nothing herein shall prevent the erection of fences in the required yard so long as they do not prevent adequate sight distance at intersections.
(1)
Bays and balconies may project into a required side yard not more than one third of its width, or not more than four feet, whichever is less. Ground story bays and porches not over half the length of the side wall may project into any side yard for a distance of four feet.
(2)
Decks are permitted to the rear of townhouses provided the decks are not roofed.
G.
Public garages shall be subject to required setbacks of the zone wherein the facility is located.
H.
Off-street parking lots may be permitted in required yard areas, providing there is no encroachment into required sight triangles, providing that no more than 50% of the affected required yard area is utilized, and providing that it is not possible to place the required off-street parking elsewhere on the lot.
I.
Nothing herein contained shall prevent the projection of an emergency exit (open fireproof fire escape) into a required rear or side yard for a distance not to exceed eight feet, but in no case to project beyond the property line.
J.
When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district in which the unimproved lot is located, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that this provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of this chapter. For the purpose of this section, an unimproved lot shall be the same as a vacant lot and an improved lot shall be one on which a principal building is erected.
§ 295-74 Accessory buildings.
Unless elsewhere specified in this chapter, accessory buildings shall conform to the following regulations as to their locations on the lot:
A.
Accessory buildings shall be permitted only on the same lot and within the same zone as the principal building to which they are accessory, unless otherwise indicated in this chapter.
B.
No accessory building shall be erected in any required front, rear or side yard except in the case of a residential detached garage with access onto an alley, which garage may be erected within the required rear setback but must be set back 12 feet from the edge of the abutting public alley.
C.
Residential detached garages shall not exceed 24 feet in height and residential accessory sheds shall not be more than 15 feet in height and may be placed no closer than three feet to the rear property line and no closer than three feet to a side lot line abutting the rear yard.
D.
A garage attached to any side of the dwelling and constructed as a part of such dwelling shall be considered as a part of the dwelling and not as an accessory building, and shall meet all requirements for front, side or rear yards, other setbacks and height of structure.
§ 295-75 Visibility at intersections.
On a corner lot in any zone except the Town Center and Downtown Business Districts, nothing shall be erected (including fences, walls, and hedges), placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and a half and 10 feet above the center line grades of the intersecting streets, in the clear sight triangle bounded by a line joining points along said center lines 25 feet from the point of the intersection, except in the case of an alley where the distance shall be 15 feet.
§ 295-76 Fences, walls and hedges.
[Amended 12-6-2017 by Ord. No. 1162]
A.
Authorized fences, walls and hedges shall be erected only in side yards, rear yards or other portions of a lot behind the front building setback line, except that an ornamental fence, wall or hedge may be placed in the front yard provided it does not exceed four feet in height and meets the requirements of visibility at intersections set forth in § 295-75 above, retaining wall fences may be placed as required by the Borough Subdivision and Land Development Ordinance,[1] and security fences may be located as otherwise permitted or required by this chapter.
B.
In all districts, fences, walls and hedges up to eight feet in height from grade level may be erected as noted above, unless a higher fence is otherwise allowed by this chapter. In addition, the following requirements shall apply:
(1)
Fence enclosures for private residential swimming pools shall be a minimum of four feet in height and a maximum of eight feet in height. In addition, at least one side of a required fence enclosing a private residential swimming pool shall be an open-type fence, preferably facing the dwelling unit.
(a)
In the case of an aboveground swimming pool, the enclosure created by the pool wall may be used as a fence enclosure if the pool wall is a minimum of four feet in height and the level of the ground does not rise above the bottom of the pool wall within four feet of the pool. Otherwise, a fence must be placed on the top of the aboveground pool or at a minimum of four feet from the pool.
(b)
In the case of an in-ground pool, a barrier of four feet shall be accomplished around the entire perimeter of the pool.
(2)
Fences provided for security purposes for schools, playgrounds and parks in any district and for all uses in an industrial district shall have no openings, holes or gaps larger than four inches in any dimension, except for doors and gates and except for picket fences, where only the horizontal distance between pickets shall not exceed four inches. Security fences shall be no more than eight feet in height, except that a barbed wire addition not exceeding one foot shall be permitted to the top of the fence.
(3)
Conventional fences, including barbed wire and electrified fences required for farm use, agricultural use and related facilities on properties in excess of five acres, shall be exempt from the fence regulations of this chapter, except for the height regulation.
(4)
Required fences for tennis courts, baseball or softball field backstops and similar fences for similar recreational facilities shall be exempt from the regulations of this chapter, provided that such recreational fences are not located within 50 feet of any residential property within the RL or RM Zoning Districts.
(5)
Walls and hedges where used as enclosures shall be no more than 20% open, a minimum of four feet in height and a maximum of eight feet in height.
(6)
Fences, walls and hedges may be erected for privacy, screening, separation, security, or to serve other necessary function.
(a)
Design and materials shall be functional, they shall complement the character of the property and they shall be suited to the nature of the project purpose. Any form of razor wire fence is prohibited.
(b)
No fence, wall or hedge shall be so constructed or installed so as to constitute a hazard to traffic or safety.
(c)
No fence, including barbed wire on a security fence, shall overhang a public right-of-way or a sidewalk used by the public.
(7)
Any appeals from a decision or other action of the Zoning Officer with respect to fences, walls and hedges as covered in this section of this chapter or other provisions of this chapter may be made to the Zoning Hearing Board under the provisions for variances as covered in this chapter.
(8)
Barbed wire below the height of six feet and aboveground electrified fences in residential districts are prohibited.
(9)
Fences shall be maintained in a manner as to prevent deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Every fence installed shall be maintained by the owner in such a way that it will remain plumb and in good repair. Rolled, damaged, or broken wooden slats and support posts shall be repaired or replaced. Broken or severely bent metal posts or torn, cut or ripped metal fencing materials shall be repaired or replaced. Loose brick, stone, rock, mortar or similar materials on masonry walls and barriers shall be rebonded or similarly repaired.
C.
In measuring the height of a fence, the measurement is made to the top edge of the fence material, and does not include the fence post.
(1)
The height of a fence or wall is the vertical distance between the finished ground level at the base of the fence or wall and the top edge of the fence or wall material immediately above that ground level.
(2)
Where a fence is installed on top of a retaining wall or other supporting structure, the fence height shall be measured from the ground level behind the retaining wall. Where the retaining wall or other supporting structure extends above the ground elevation, the retaining wall or other supporting structure shall be considered as a portion of the fence in determining the fence height.
(3)
Where the ground level within six feet of a fence or wall differs from one side of the fence or wall to the other, the ground level shall be measured on each side of the fence, which shall be the average ground level measured perpendicular within six feet of the fence. In the case of a fence or wall with a maximum height restriction, the maximum height shall be measured on the side of the fence or wall with the lowest finished ground level. In the case of a fence or with a minimum height restriction, the minimum height shall be measured on the side of the fence or wall with the highest finished ground level.
§ 295-77 Recreational vehicles.
[Amended 5-18-2022 by Ord. No. 1198]
The following regulations shall control all recreational vehicles:
A.
No recreational vehicles may be stored on public streets and highways for any period exceeding 48 hours.
B.
No recreational vehicle shall be used for purposes of human habitation at any time regardless of where stored.
C.
One recreational vehicle may be stored exteriorly on a lot in any district, provided that such vehicle is:
(1)
Located in the front yard or driveway having street or alley access; or
(2)
Located in the rear yard and is not stored within five feet of the side yard setback line or within 10 feet of a rear property line; or
(3)
Located in the side yard and is not stored within five feet of the side yard setback line.
§ 295-78 Maximum height of buildings.
A.
No building or structure shall exceed the maximum height of buildings specified in the Schedule of Area, Yard and Height Requirements,[1] except as provided in the normal variance procedures of this chapter.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Height shall be measured as the vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure.
C.
The height restrictions in the Schedule of Area, Yard and Height Requirements do not apply to spires, cupolas, chimneys, antennas, water tanks, elevator housing, ventilators, or other structures placed above roof level, not intended for human occupancy and necessary for the operation of the permitted use.
§ 295-79 Steep slope requirements.
Prior to alteration of existing or man-made grades exceeding 10%, a grading plan, stormwater management plan complying with Chapter 238, Stormwater Management, and erosion and sedimentation plan complying with all state, Borough and Franklin County Conservation District requirements shall be submitted to the Borough for approval. The grading plan shall indicate existing and proposed contours at intervals of no more than two feet in elevation. On the grading plan, all existing and proposed structures, other impervious surfaces, storm drainage facilities and utilities, retaining walls, and vegetation and other natural features shall be shown.
§ 295-80 Storage of junk vehicles.
The exterior storage of junk vehicles and trucks is prohibited in all zoning districts.
§ 295-81 Dwellings requirements.
The electrical, plumbing, heating, structural, and other components of a dwelling shall comply with applicable federal, state, and local codes. When these are conflicting standards, the most restrictive applicable standards as determined by the Borough shall apply.
§ 295-82 Regulations for construction and development in a floodplain.
§ 295-83 Flag lots.
Flag lots, as defined herein, may be permitted within any district under the following conditions, except where specifically prohibited by this or other Borough ordinances.
A.
The parcel of land being developed is of such a shape, size and configuration that the use of a flag lot(s) is the only method of developing the site.
B.
The access to the parcel of land being developed is such that use of a flag lot represents the only method of developing the site.
C.
If direct frontage access to a parcel or a portion of a parcel can be provided by an existing or new public or private road, a flag lot shall not be proposed as a means of avoiding such road frontage access.
D.
If the above conditions warrant the use of flag lots, not more than two access strips serving such lots may be located adjacent to each other, and any additional access strip to another such lot shall be separated by a full lot width, as required by the district in which the land is located.
E.
Any access strip serving any permitted flag lot shall not exceed 300 feet in length, as measured from the public or private road frontage to the main body of the lot. No portion of the access strip may be counted as a part of the required lot area, nor shall it contain any building or structure.
F.
Single-family, duplex, and two-family dwellings are the only type of dwelling units which can be located on a flag lot.
G.
A driveway servicing a flag lot shall be a minimum 20 feet in width, extending from the edge of pavement of any public or private road for a distance of not less than 20 feet from the edge of said pavement into the access strip for the lot, all of which area shall be paved with an all-weather surface meeting the approval of the head of Borough Engineering Services. The remainder of the driveway serving a flag lot shall be a minimum 10 feet in width, and if the access strip exceeds a depth of 200 feet, a ten-foot-by-twenty-foot turnoff shall be provided for vehicle passage.
§ 295-84 Buffer strips.
A.
Applicability. All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential district shall be screened from such residential district by landscaped buffer strips. (A residential district that shares a district boundary line which is a street or alley center line shall be considered an adjacent district.) Screening may be required by other sections of this chapter or pursuant to conditions imposed by the Borough Council and Zoning Hearing Board. Except in Town Center and Downtown Business Districts, a screen shall also be required where a lot for a nonresidential use has side or rear lot lines adjacent to a residential use not in a residential district.
B.
General regulations.
(1)
Within required buffer areas, a solid and continuous landscape screen shall be planted and maintained. Said landscaping shall consist of massed evergreen and/or deciduous trees and shrubs of at least 3 1/2 feet in height and of such species as will produce within three growing seasons, a screen at least six feet in height, so as to continually restrict a clear view beyond said buffer strip.
(2)
The entire buffer strip shall be at least eight feet in width and shall be graded and planted with grass seed or sod and such other shrubbery or trees as may be desired by the owner.
(3)
A zoning occupancy permit for a use on the premises shall not be issued until such time as the landscaping requirements, buffer strips and/or other approved screen as required by this chapter are installed.
(4)
In required buffer areas where a natural buffer strip is considered to be impracticable or inappropriate, an opaque fence may be substituted in whole or in part for a natural buffer provided its specifications are approved by the Zoning Officer. Such fence shall be maintained as required by this chapter.
(5)
In circumstances where it is impractical for a screen to meet all the requirements of this section or would create an undue hardship, the Zoning Hearing Board may approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements.
§ 295-85 Keeping of animals.
A.
Customary household pets shall be permitted in any district, subject to the provisions below. The keeping of domestic farm animals, including a horse, pig, goat, cow, steer, sheep, buffalo, ostrich, or llama shall not be considered a permitted accessory use. The keeping of exotic animals is not permitted in any district.
B.
The keeping of customary household pets is permitted as an accessory use to residential uses. The keeping of customary household pets, shall be subject to the following regulations in order to promote the health, safety, and general welfare of Borough residents:
(1)
It shall be unlawful for any person or persons, corporation, partnership, or other entity whatsoever, to harbor, care for, shelter or maintain any customary household pet in such a manner as to disturb or unduly annoy the public through the pet's noise, barking, other sounds, smells, mischief or other harmful propensities. All household pet pens or other areas in which such animals are kept or allowed access shall be maintained in a sanitary condition free of offensive, obnoxious or foul odors.
(2)
If any customary household pet is kept in an enclosure outside such dwelling, it shall be the duty of the owner, custodian or keeper of such pet, and the duty of the parent or guardian of any minor owner of any pet, to keep the pet securely tied or penned in a yard or enclosure in such a manner that the pet cannot break loose and run at large over the streets, alleys or public grounds in the Borough or upon the property of anyone other than the owner, custodian or keeper of such pet.
C.
Fowls are permitted only in accordance with the following regulations:
(1)
The maximum number of fowls allowed on a property is three.
(2)
Only female (pullets or hens) fowls are permitted.
(3)
There is no restriction on the breed of fowl which may be kept.
(5)
Fowl shall be housed in a fowl coop which has access to a fowl pen. During nondaylight hours, fowl shall be secured in the fowl coop.
(6)
Construction and design of the coop. The coop shall comply with the principal setback requirements for the district. The coop shall be stationary, enclosed with solid material on all sides and have a solid roof and door(s). The coop shall be at least 18 inches high and provide at least 2 1/2 square feet of floor area per fowl. The coop shall be impermeable to rodents, wild birds, dogs, cats and other predators.
(7)
Construction and design of the coop. The pen shall be constructed of wood or metal posts with wire mesh fencing material (wire mesh with a maximum spacing of one inch by one inch). The pen shall contain at least 10 square feet of area per fowl. The fence shall rise at least four feet above the ground and be buried at least one foot below the ground. The pen shall be covered with wire mesh, aviary netting or solid roofing.
(8)
Maintenance of coop, pen and surrounding area. The coop, pen and surrounding area shall be kept clean, dry, and odor-free, and in a neat and sanitary condition at all times. All manure, uneaten feed, and other trash shall be removed in a timely manner and disposed of by using an approved sanitary method, including composting or double bagging manure and placing the manure in the trash for collection. Under no circumstances shall fowl manure be placed into the sanitary or storm sewer system. Slaughtering of fowl is permitted. If a fowl dies, it shall be disposed of in accordance with the Domestic Animal Law, 3 Pa.C.S.A. § 2301 et seq.
(9)
Living conditions. Fowl shall have access to feed and clean water at all times, and such feed and water shall be inaccessible to rodents, wild birds and predators.
(10)
A person shall not keep fowl in any location on the property other than the rear yard. For the purpose of this section, rear yard means that portion of a lot enclosed by the property's rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family structure and extending to the side lot lines.
(11)
All feed and other items associated with the keeping of fowl that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them.
(12)
The permitted keeping of fowl shall be conducted in a manner that does not disturb the use or enjoyment of adjacent properties. Odor generated by the fowl shall not be perceptible at the property boundaries, and noise generated by the fowl shall not disturb people of reasonable sensitivity at the property boundaries.
§ 295-86 Outdoor lighting.
A.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security for uses that operate or have activity during hours of darkness where there is public assembly and traverse, including but not limited to the following uses: multifamily residential developments, commercial, industrial, municipal, recreational and institutional.
(2)
The Borough Council may require lighting be incorporated for other uses or locations or restrict lighting in any of the above uses, when deemed necessary to accomplish the purposes of this chapter.
(3)
The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscape, recreational and residential lighting.
B.
Criteria.
(1)
Illumination levels.
(a)
Lighting, where required or permitted by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook or separately in IESNA Recommended Practices, unless alternative lighting levels are approved by the Borough Council based upon acceptable justification and control of glare as required by this chapter.
(b)
Future amendments to said recommended practices shall become a part of this chapter without further action of the Borough.
(c)
Examples of intensities for typical outdoor applications, as extracted from the Lighting Handbook, are presented on the next page but are not all inclusive.
Use/Task | Maintained Footcandle | Uniformity Ratio | |
|---|---|---|---|
Parking, multifamily residential | |||
Low vehicular/pedestrian activity | 0.2 min. | 4:1 avg:min* | |
Medium vehicular/pedestrian activity | 0.6 min. | 4:1 avg:min* | |
Parking, industrial/ commercial/ institutional/ municipal | |||
High activity, e.g., regional shopping centers/fast food facilities, major athletic/civic/cultural events. | 0.9 min. | 4:1 avg:min* | |
Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events | 0.6 min. | 4:1 avg:min* | |
Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking | 0.2 min. | 4:1 avg:min* | |
Sidewalks, walkways, and bikeways | |||
Commercial | 1.0 avg. | 5:1 avg:min | |
Residential | 0.5 avg. | 5:1 avg:min | |
Building entrances, commercial, industrial, institutional | 5.0 avg. | — | |
Service station pump islands | 20.0 avg. | 4:1 avg:min | |
Car dealerships | 20.0 max. | 5:1 max:min | |
Notes: | |
1. | Illumination levels are maintained horizontal foot-candles on the task, e.g., pavement or area surface. |
2. | Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for high activity commercial parking, the average illuminance shall not exceed 3.6 footcandles (0.9 x 4). |
3. | In no case shall the maximum to minimum uniformity ratio for parking be in excess of 20:1. |
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting application required by applicable codes.
(b)
For the lighting of predominantly horizontal surfaces such as, but not limited to, roadways, areas of vehicular and pedestrian passage, loading areas, and parking areas, fixtures, whether freestanding, wall-mounted, or any other type, shall be aimed straight down and shall meet IESNA full cutoff criteria.
(c)
Where the use of fixtures meeting IESNA full-cutoff criteria is not practical or possible, fixtures shall be equipped with aiming and/or light-redirecting devices such as shields, visors, baffles, skirts or hoods when necessary to direct or redirect offending light distribution.
(d)
The use of floodlighting, spotlighting, noncutoff wall-mounted fixtures, internally illuminated decorative globes and spheres, lanterns and other fixtures not meeting IESNA full cutoff criteria, shall be permitted only with the approval of the Borough, based upon acceptable justification and achievement of control of glare as required by this chapter.
(e)
NEMA-head fixtures, also known as "barn lights" or "dusk-to-dawn lights," shall not be permitted where they are visible from other uses, unless fitted with a reflector or shield to render them full cutoff.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(b)
The use of floodlights and spotlights shall be so installed or aimed that they do not project their output beyond the boundaries of the property on which they are located.
(c)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(d)
In no case shall the illumination cast by a source or sources onto an adjacent residential property exceed 0.1 vertical footcandle. The amount of illumination cast onto any nonresidential property from another property shall not exceed one vertical footcandle.
(e)
Directional fixtures, e.g., floodlights or spotlights, shall be aimed so as not to project their output beyond the objects intended to be illuminated. Such lighting shall not project onto another property.
(f)
The use of strobe lighting for tall structures such as smokestacks, chimneys and radio/communications/television towers is prohibited during hours of darkness, except as specifically required by FAA.
(4)
Installation. Except as specifically approved by the Borough Council, fixtures meeting IESNA full cutoff criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA cutoff criteria, when specifically approved by the Borough Council, shall not be mounted in excess of 16 feet above grade.
(5)
Maintenance. Lighting fixtures and ancillary equipment shall be maintained by the owner so as always to meet the requirements of this chapter.
(6)
Plan submission.
(a)
For subdivision and land development applications where site lighting is required or proposed, lighting plans shall be submitted to the Borough for review and approval with any preliminary or final subdivision/land development plan application and with any conditional use, special exception, variance application or building permit where applicable, and shall include:
[1]
A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, and a layout of all proposed fixtures by location, mounting height and type. The submittal shall include in addition to area lighting, architectural lighting, building entrance lighting, landscape lighting, etc.
[2]
When requested by the Borough Council, an illuminance grid (point-by-point) plot of maintained footcandles, carried out to 0.0 footcandles, which demonstrates compliance with the light trespass, intensity and uniformity requirements as set forth in this chapter. The maintenance (light loss) factor used in calculating the illuminance levels shall be documented on the plan.
[3]
When requested by the Borough Council, description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.
(b)
When requested by the Borough Council, the applicant shall also submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and light trespass.
(c)
The following notes shall appear on the lighting plans:
[1]
Postapproval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Borough Zoning Officer for review and approval.
[2]
The Borough Council reserves the right to conduct a postinstallation nighttime inspection to verify compliance with the requirements of this chapter, and if appropriate, to require remedial action at no expense to the Borough.
(7)
Compliance monitoring.
(a)
Safety hazards.
[1]
If the Borough Zoning Officer judges a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action within a specified time period.
[2]
If appropriate corrective action has not been effected within the specified time period, the Borough may commence legal action as provided in this chapter.
(b)
Nuisance glare and inadequate illumination levels.
[1]
When the Borough Zoning Officer judges an installation produces unacceptable levels of nuisance glare, direct skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Borough may cause written notification of the person(s) responsible for the lighting and require appropriate remedial action within a specified time period.
[2]
If the appropriate corrective action has not been effected within the specified time period, the Borough may commence legal action as provided in this chapter.
§ 295-87 Environmental performance standards.
Upon request of the Borough, a landowner shall furnish proof at his own expense that he is in compliance with the following standards. No use shall be operated in such a manner as to constitute a danger to the residents and inhabitants of the Borough. All uses and activities established after the effective date of this chapter, unless otherwise indicated, shall comply with the following standards:
A.
Air management.
(1)
No malodors shall be detectable beyond the lot lines of the lot on which such malodors originate.
(2)
Air quality standards of the Pennsylvania Department of Environmental Protection shall be complied with unless a more restrictive standard is established by this chapter, in which case the more restrictive standard shall apply.
(3)
No person shall permit the emission into the outdoor atmosphere of visible air contaminants in such a manner that the opacity of the emission is greater than 20%, except where the presence of uncombined water is the only reason for the failure of the emission to meet this limitation.
(4)
No dust or dirt shall be discharged beyond the lot lines of the lot on which it originates, except as may occur during lawn maintenance, agricultural operations, or construction operations carried out pursuant to any applicable State requirements and required planning and permitting procedures.
B.
Wastewater management. No wastewater discharge is permitted into a reservoir, sewage or storm disposal system, stream, open body or water, or into the ground, of any materials in such a way or of such nature or temperature as could contaminate any water supply or damage or be detrimental to any sewage system or sewage treatment plant, or otherwise cause the emission of dangerous objectionable elements unless treated so that the insoluble substances (oils, grease, acids, alkalines and other chemicals) are in accordance with the standards as approved by Water Pollution Control Boards, appropriate agencies of the Department of Environmental Protection, other Borough regulations or other agencies having jurisdiction.
C.
Solid waste management.
(1)
No storage of waste material on the lot shall be permitted. Except in the case of residential properties where otherwise required by this chapter or other municipal ordinance, all waste materials awaiting transport shall be concealed from view from all adjacent properties and streets, kept in enclosed containers, and be enclosed by a fence or other suitable means to prevent access to the material from all adjacent properties.
(2)
All storage and waste disposal shall conform to the Borough fire prevention code and other ordinances as they may apply.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which eliminate such hazards.
D.
Noise and vibration.
(1)
Sound level limits, measured at the property line of the source of noise shall be as follows, unless a more restrictive standard is applied elsewhere in this chapter.
(a)
Ambient sound levels shall be observed with an integrating sound level meter complying with current Type 1 ANSI or ISO standards. The meter shall be set for fast response and "A" weighting. The average (equivalent) sound level shall be observed over at least a twenty-minute period.
(b)
Measurements to determine compliance with sound level limits shall be done with an integrating sound level meter conforming to current Type 1 ANSI or ISO standards. The meter shall be set for fast response and "A" weighting. The average (equivalent) sound level shall be observed over at least a twenty-minute period.
Sound Levels by Receiving Land Use | ||
|---|---|---|
Zoning of Adjoining Lot | Time | Sound Level (Leq) Limit |
Residential, Hospital/Office, Institutional | 7:00 a.m. to 10:00 p.m. | 65 dBA |
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays | 50 dBA | |
Commercial or Industrial | 7:00 a.m. to 10:00 p.m. | 65 dBA |
10:00 p.m. to 7:00 a.m. plus Sundays and legal holidays | 60 dBA | |
(c)
If existing ambient sound levels are equal to or higher than the prescribed limit, the new noise source shall be permitted to result in a sound level increase of up to 3 dBA over existing ambient sound levels, or to a maximum level which is 7 dBA higher than the prescribed maximum in the preceding table, whichever is lower. If the existing ambient sound levels are more than 7 dBA above the prescribed maximum, no increase above ambient sound levels shall be permitted.
(d)
The maximum permissible sound levels listed in the previous table shall not apply to any of the following noise sources:
[1]
The emission of sound for the purpose of alerting persons to the existence of an emergency.
[2]
Domestic power tools, between the hours of 7:00 a.m. and 9:00 p.m. on Mondays through Fridays and between 7:00 a.m. and 9:00 p.m. on Saturdays and Sundays.
[3]
Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.
[4]
Agriculture.
[5]
Construction operations.
[6]
Public celebrations authorized by the Borough.
[7]
Lawn maintenance equipment.
[8]
Surface carriers engaged in commerce by railroad.
[9]
Motor vehicle operations, other than parked trucks and other parked vehicles that run continuously for more than 15 minutes.
[10]
The unamplified human voice.
[11]
Short duration sound levels related to isolated events, provided the duration is less than one minute and the sound level does not exceed 90 dBA at the property line, provided they do not occur more than one time per hour, and provided they occur only between the hours of 7:00 a.m. and 7:00 p.m.
(2)
No physical vibration, with the exception of those produced as a result of construction activity, shall be perceptible without use of instrument at or beyond the lot lines, unless such vibration shall be regulated by and shall have been approved by the Pennsylvania Department of Environmental Protection.
E.
Heat. Any operation producing heat shall be conducted in such a manner as to prevent any effect from the heat beyond the lot lines of the lot on which the operation is located.
F.
Electromagnetic and radioactive radiation. All electromagnetic radiation shall comply with the regulations of the Federal Communications Commission, provided that no electromagnetic radiation shall be produced which interferes with radio or television reception or the operation of other equipment beyond the lot lines. No injurious electromagnetic radiation or radioactive emission shall be produced, and all radioactive emissions shall meet federal and state standards.
G.
PADEP requirements. All regulations of the Pennsylvania Department of Environmental Protection shall be complied with.
H.
Electric, gasoline, diesel, gas or other power. Every use requiring power shall be so operated that any service line, substation, or other facility shall:
(1)
Conform to the highest applicable safety requirements;
(2)
Be constructed and installed as an integral part of the architectural features of the plant; and
(3)
Be concealed by evergreen planting from residential properties; and
(4)
All gasoline, gas or diesel engines shall meet the current EPA exhaust requirements at the time of installation.
§ 295-88 Original art murals.
A.
The Borough Council may approve an original art mural as a conditional use for a property in the Downtown Business District or Town Center District which has frontage on Main Street. The mural shall be consistent with the objectives of encouraging artistic expressions, fostering a sense of pride in the Borough of Waynesboro, not interfering with traffic safety or otherwise endangering public safety, providing art which is appropriate in size and will not dominate the visual appearance of downtown Waynesboro, and providing esthetic benefits the public will enjoy while not contributing to visual blight.
B.
Any alteration of an original art mural, other than minor changes to the mural that result from the maintenance or repair of the mural or from naturally occurring changes to the mural caused by exposure to the elements or the passage of time, shall require a new permit and approval by Borough Council.
C.
No part of an original art mural shall exceed the height of the structure to which it is tiled, painted or affixed.
D.
No original art mural shall consist of or contain electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods.
E.
No original art mural shall be placed over the exterior surface of any building opening, including, but not limited to, windows, doors, and vents.
F.
No original art mural shall be placed on a dwelling.
G.
No original art mural shall be arranged and illuminated in a manner that will produce a light intensity above ambient lighting, as measured at the property line.
H.
Original art murals shall only be placed on the side walls of buildings. No such mural shall face a street.
I.
The maximum size of an original art mural shall be 360 square feet.
J.
No material which is part of an original art mural shall project from the building wall on which it is placed.
K.
No original art mural shall contain material which appeals to the prurient interest.