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West York City Zoning Code

ARTICLE IX

Supplementary Regulations

§ 470-37 Provisions subject to modifications herein.

The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.

§ 470-38 Accessory buildings.

An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to the side yard requirements in respect to the principal building. Accessory buildings shall not exceed one story or 15 feet in height and may not occupy more than 30% of a required rear yard.
A. 
Utility shed. Utility sheds 144 square feet or less in floor area shall be considered as an accessory building and shall not occupy more than 25% of the existing open lot area at the time of construction. In addition, only one utility shed per property is permitted; it shall be located in the rear yard area and must be two feet from any side or rear property line.
B. 
Private garages. A private garage shall be located at least two feet from the right-of-way line of any public street, alley or other way. Side yard deviations may be permitted by special exception where the affected adjoining owner shall have so agreed in writing filed with the Zoning Officer.

§ 470-39 Temporary structures for dwelling purposes.

No cabin, garage, basement or temporary structure of any kind, whether of a fixed or mobile nature, may hereinafter be erected or established or used for any dwelling purpose for any length of time unless approved by a temporary use permit granted by the Zoning Hearing Board.

§ 470-40 Water supply and sewerage facilities required.

A. 
In the interest of protecting the public health, safety and welfare, every building or structure hereafter erected, altered or moved upon any premises and used in whole or in part for dwelling, commercial or recreational business or industrial purposes shall be provided with both a safe and sanitary water supply and a safe and sanitary means of collection and disposal of human excreta or domestic, commercial and industrial waste. Such facilities shall conform to the minimum requirements set forth by the Pennsylvania Department of Environmental Protection.
B. 
If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Borough that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

§ 470-41 Exceptions.

A. 
Public utility corporations. The provisions of this chapter shall not apply to any existing or proposed building, structure, use or extensions thereof used or to be used by public utility corporations if, upon petition of the corporation, the Public Utility Commission shall, after public hearing, decide that the present or proposed location in question is reasonably necessary for the convenience and welfare of the public.
B. 
Application to lots of record.
(1) 
Where two or more nonconforming abutting lots of record are held in one ownership, either legal or equitable, or subsequently come to be held in one ownership, they shall be considered to be a single lot of record for the purpose of this chapter; and the provisions of this chapter shall not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcels.
(2) 
Where the owner of a lot of record does not own and cannot reasonably acquire sufficient adjacent land to enable him to conform to the requirements herein prescribed, such lot may be used by said owner as a building site, provided that the required open space and other provisions conform, as closely as possible, in the opinion of the Zoning Hearing Board, to the requirements of the district in which it is located.
C. 
Height exceptions. The height limitations of this chapter shall not apply to church spires, silos, belfries, cupolas, penthouses and domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads and similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes that they are to serve and then only in accordance with any other government regulations.
D. 
Front setback exceptions. Where a lot is located between two lots having on each a main building, the front yard requirement on such lot may be the average depth of the front yards of the existing buildings.
E. 
Nonspecified uses. Whenever a proposed use or structure is not provided for in this chapter, the Zoning Hearing Board may, by special exception, grant a permit for the same by application of the standards and conditions of the most similar use or structure provided for herein, together with such additional terms and conditions as shall be deemed reasonably necessary to comply with the purpose and intent of this chapter.

§ 470-42 Required street access.

Each principal use hereafter established which involves buildings or structures for human occupancy shall be located and maintained upon a lot which abuts a street or road of at least 50 feet in width for a distance of not less than 30 feet, unless abutting on an existing street which is less than 50 feet in width.

§ 470-43 Visibility at intersections.

On a corner lot in any district, no fence, wall, hedge or other structure or planting more than two feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines.

§ 470-44 Off-street/on-site parking.

A. 
Adequate space for off-street parking of motor vehicles shall be provided and maintained for each building, structure or use hereafter erected, altered or established, exclusive of any public right-of-way. No part of any required front yard shall be used for parking purposes. A minimum of 200 square feet, exclusive of drives, entrances and exits, shall comprise one vehicular parking space. The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Use
Minimum Required Spaces
Residential
Single- and two-family dwellings
Two spaces for each dwelling unit
Multiple dwellings and apartment houses
Two spaces for each dwelling unit or apartment
Hotels, motels and rooming houses /boardinghouses
One space for each guest room or unit
Commercial
Retail stores, personal service shops and professional offices
One space for each 300 square feet of floor area
Medical-dental clinics
Three spaces for each doctor or dentist maintaining an office in such clinic
Office buildings
One space for each 400 square feet of floor area, plus one employee space
Restaurant and drinking establishments:
Conventional service
One space for every four seats
Drive-in or fast food service
One space for each 200 square feet of floor area
Auto repair, gasoline station
One space for each 300 square feet of floor area devoted to repair and service facilities
Bowling alley
Four spaces for each lane
Other commercial recreation
One space for each 400 square feet of floor or ground area ,plus one employee space
Other commercial buildings
One space for each 400 square feet of floor area, plus one employee space
Theater, auditorium, stadium or other place of public or private assembly
One space for each four seats provided
Industrial
Industrial plants and related activities
One space for each two employees in the largest working shift
Warehousing, wholesale and storage establishments
One space for each two employees in the largest working shift
Visitor parking
Each industrial plant shall provide one parking space for each 200 square feet of company office gross floor area or four spaces, whichever is largest
Public and semipublic areas
Churches
One space for each four seats provided
High schools and similar educational facilities
One space for each two teachers, employees or administrators, and one space for each 10 students
Hospitals, sanitariums, convalescent homes and similar uses
One space for each five beds, and one space for each two employees on staff
B. 
Loading and unloading space. In addition to the parking space required above, sufficient off-street area shall be provided inside or outside of the principal building for the loading and unloading of vehicles. The off-street loading berth shall not be less than 10 feet by 40 feet in size with 14 feet clearance height.
(1) 
Buildings used for the manufacture, storage, display or sales of goods and for hospitals and sanitariums shall provide one off-street loading berth for a gross floor area of 5,000 to 25,000 square feet; and an additional off-street loading berth shall be provided for each 10,000 square feet of gross area in excess of 25,000 square feet.
(2) 
Buildings used for offices, hotels, theaters or similar uses shall provide one off-street loading berth for a gross floor area of 20,000 to 100,000 square feet; and an additional off-street loading berth shall be provided for each 40,000 square feet of gross floor are in excess of 100,000 square feet.
C. 
Commercial vehicles. The parking, other than for delivery, loading or unloading purposes, of trucks, tractor-trailers or other commercial vehicles in excess of one-ton capacity, either upon an open lot, along or within the street or within a building or garage, is specifically prohibited in R-1 and R-2 Residential Districts.
D. 
Recreational vehicles. Parking, other than for loading and unloading purposes, of recreational vehicles, such as tent campers, trailer campers, bus campers and boats along or within a street is specifically prohibited in all districts.

§ 470-45 Signs and advertising structures.

Signs may be erected and maintained only when in compliance with the provisions of this chapter and any and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices.
A. 
General regulations. All signs and/or advertising structures, where permitted in this chapter, are subject to the following:
(1) 
It shall not contain moving parts or use flashing or intermittent illumination; the source of light shall be steady and stationary.
(2) 
It shall not cast objectionable light upon any dwelling or mixed-use dwelling on a separate lot.
(3) 
It shall be no higher than 20 feet from the ground to the highest part of the sign.
(4) 
It shall not be so erected as to obstruct entrance to or exit from a required door, window, fire escape or other required exitway.
(5) 
Temporary signs of painters, mechanics, contractors and the like are permissible in all districts, provided that such signs are removed as soon as work is completed on the premises.
(6) 
Temporary signs and banners of a noncommercial nature across rights-of-way are permitted as a special exception by the Zoning Hearing Board, provided permission is also obtained from the Borough Council; it is erected in a location in which it will not cause a traffic hazard; it meets safety standards and is maintained; and it is removed when its temporary use is completed.
(7) 
It must be constructed of durable materials, maintained in good condition, and shall not be permitted to become deteriorated.
(8) 
It shall not be placed in such a position that it will cause danger to traffic on a street by obscuring the view of motorists and, in no case, located within street right-of-way lines, unless authorized by the Borough Council for a special purpose.
(9) 
Projecting signs shall not extend more than four feet over a public sidewalk nor be greater than eight square feet in area.
(10) 
Wall signs shall not project more than 12 inches from the wall nor project more than three feet above the roof line or parapet wall.
(11) 
All signs shall be removed when the circumstances leading to their erection no longer apply.
(12) 
Only one freestanding sign shall be permitted for any property. A freestanding sign is one which is affixed above ground level by attachment to a post, pole or other structure standing apart from a building, and shall not include a sign attached to or mounted on a building.
(13) 
Temporary and/or portable advertising signs may be used for a period not exceeding 30 days. Not more than one permit for such signs shall be granted in any six-month period.
(14) 
The whole of the structure or display area of any freestanding sign shall be set back at least six feet from the curbline; and all freestanding signs shall be set back at least six feet from any side property line or rear property line.
B. 
Signs in residential districts. The following types of signs may be permitted in residential districts unless otherwise provided:
(1) 
One name plate and one house number sign for each dwelling unit, professional office, or home occupation, provided it is not in excess of two square feet and identifies only the name and title of the occupant. It shall not extend beyond a vertical plane two feet inside the lot from the street line. If lighted, it will be illuminated without objectionable glare. No displays or change in facade shall indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling.
(2) 
A real estate sign, provided it is not illuminated, is not closer to a right-of-way than one-half the depth of the existing front yard, does not exceed six square feet in area, and pertains either to the lease, rental or sale of the premises on which it is maintained.
(3) 
One institutional sign, provided it does not exceed 16 square feet in area and is not closer to a right-of-way than one-half the depth of the existing front yard. If lighted, it will be illuminated without objectionable glare.
(4) 
Signs up to two square feet in area on each side which are necessary for the identification, protection and operation of public utility facilities.
C. 
Signs in commercial and industrial districts.
(1) 
Business identification signs. Business identification signs are those signs installed on the premises of a commercial or industrial facility to identify the commercial or industrial enterprises and the nature of its business or products. Freestanding signs shall be limited to one per premises, and the total area of all business identification signs on a single premises shall not exceed three square feet for each foot of lineal building frontage, with a maximum sign area of 60 square feet. On corner properties, an additional 40 square feet of sign area shall be permitted on the secondary frontage. With respect to freestanding double-faced signs, where the facings are back-to-back, only one side of such sign shall be counted against the area allowance.
(2) 
Billboards and advertising signs. Billboards and advertising signs are freestanding signs located off the premises of a business or industrial enterprise and designed to generally advertise products or services. Such signs shall not exceed 300 square feet in display area, excluding structural supports and an allowed six inches of border on all sides. Billboards and advertising signs shall be allowed only by special exception in connection with which the Zoning Hearing Board shall make a visual inspection of the premises to determine that the proposed sign:
(a) 
Will not continually obstruct the view of adjoining property owners;
(b) 
Will not obstruct traffic visibility;
(c) 
Will not constitute a safety hazard to the public; and
(d) 
Is in keeping with the character of the neighborhood.

§ 470-46 Conversion apartments.

Subject to all applicable provisions of this chapter, the conversion of any existing building into a multiple-family dwelling may be permitted in any district so specifying, provided:
A. 
Such conversion shall be authorized only for large buildings that have little economic usefulness as single-family dwellings or other conforming uses permitted within the district.
B. 
No structural alteration of the building's exterior shall be made except as may be necessary for purposes of safety.
C. 
The lot size, lot coverage, height and yard requirements as set forth in § 470-22 are met.
D. 
Off-street parking as provided in § 470-44A, concerning multiple dwellings and apartment houses, is provided.

§ 470-47 Swimming pools.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code.

§ 470-48 Fire escapes.

Nothing herein contained shall prevent the projection of an open fire escape into a yard for a distance not to exceed eight feet.

§ 470-49 Businesses requiring access.

Automobile service stations, roadside businesses, shopping centers, public parking lots and all business requiring motor vehicle access shall meet the requirements hereinafter provided:
A. 
Access shall be by not more than two roadways for each 100 feet or fraction thereof of frontage on any street.
B. 
The two roadways shall not be closer than 12 feet.
C. 
Each roadway shall not be more than 30 feet in width, measured at right angles to the center line of the driveway, except as increased by permissible curb return radii. The entire flare of any return radius shall fall within the abutting right-of-way.
D. 
No roadway shall be closer than 12 feet to the point of intersection of two property lines at any corner as measured along the property line, and no roadway shall extend across such extended property line.
E. 
In all cases where there is an existing curb and gutter or sidewalk on the street, the applicant for a permit shall provide a safety island along the entire frontage of the property, except for the permitted roadways. On the two ends and street side of each island, there shall be a concrete curb, the height, location and structural specifications of which shall be approved by the Borough Engineer.

§ 470-50 Fences or walls.

[Amended 9-7-2004 by Ord. No. 474]
A. 
No fence or wall shall be erected to a height of more than four feet in the front yard, except that a five-foot fence shall be allowed in the front yard if at least the top foot is a lattice or similarly open construction that allows a visual site line through the fence, and more than six feet in any other yard within all zoning districts, except industrial or commercial; provided, however, that where a rear yard abuts an alley, a fence along such alley may be no more than six feet. In industrial or commercial districts, no fence or wall shall be erected to a height of more than 10 feet in any yard. No fence or hedge or wall shall block a motorist's view of vehicles entering or exiting the property. No closed fence shall be erected within the required front yard setback.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
All fences and walls, other than restraining walls, shall be so designed as to provide for the free movement of air through the fence or wall throughout its length, all fences and walls shall be kept in good repair at all times. The Zoning Officer shall determine necessary repairs and may require the removal of any fence or wall which is not kept in good repair.

§ 470-51 Environmental regulations.

In any district, all uses and activities established after the effective date of this chapter shall comply with the following standards; all existing uses and activities in compliance with the following standards on the effective date of this chapter shall continue in compliance.
A. 
Noise. The sound level of any operation shall not exceed the decibel levels of the preferred frequencies cited below or as modified or exempted. The sound-pressure level shall be measured with an octave band analyzer calibrated in the preferred frequencies conforming to the specifications published by the American Standards Association (Preferred Frequencies for Acoustical Measurements, SI 6-1960, American Standards Association, New York, New York).
(1) 
Residential standards. At no point on the district boundary of or at any point (including adjacent to any noise source) within any residential district shall the sound-pressure level resulting from any operation in any district exceed the maximum permitted sound levels set forth below (except as may be expressly modified or waived herein).
Center Frequency
(Cycles per Second)
Maximum Permitted Sound-Pressure Level
(Decibels)
31.5
65
63
67
125
66
250
59
500
52
1,000
46
2,000
37
4,000
26
8,000
17
B. 
Commercial standards. At no point on the district boundary of or at any point (including adjacent to any noise source) within any C or I-1 District shall the sound-pressure level resulting from any operation in any district exceed the maximum permitted sound levels set forth below (except as may be expressly modified or waived herein).
Center Frequency
(Cycles per Second)
Maximum Permitted Sound-Pressure Level
(Decibels)
31.5
76
63
74
125
68
250
63
500
57
1,000
52
2,000
45
4,000
38
8,000
32
C. 
Industrial standards. At no point on or beyond the boundary of any lot in any I-2 District shall the sound-pressure level resulting from any operation in any district exceed the standards cited above except as expressly waived herein or as modified by any one of the following corrections.
Type of Noise
Correction
Noise source operates less than 20% of any one-hour period
Plus 1
Noise source operates less than 5% of any one-hour period
Plus 10
Noise source operates less than 1% of any one-hour period
Plus 15
D. 
Waivers. The following sources of noise are exempt:
(1) 
Transportation vehicles not under the control of the industrial use.
(2) 
Occasionally used safety signals, warning devices and emergency pressure-relief valves.
(3) 
Temporary construction activity between 7:00 a.m. and 7:00 p.m.
E. 
Vibration.
(1) 
No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used.
PV = 6.28 F x D where
PV
=
Particle velocity, inches per second
F
=
Vibration frequency, cycles per second
D
=
Single amplitude displacement of the vibration inches
(2) 
Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions.
Maximum Ground Transmitted Vibration
Particle Velocity (Inches/Second)
Zoning District
Adjacent Lot Line
Residential District
Residential
0.05
0.02
Commercial, Limited Industrial
0.10
0.02
Heavy Industrial
0.20
0.02
(3) 
Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 60 per minute, then the values in this table may be multiplied by two.
F. 
Heat. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials by more than 1° F.
G. 
Glare. In C and I Districts, any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle when measured in a residential district.
H. 
Fire and explosive hazards. All operations, activities and uses shall be conducted so as to comply with the performance standards governing fire and explosion hazards prescribed below. Such uses shall also comply with the rules and regulations of the currently effective Fire Code of the Borough of West York.
(1) 
Detonable materials. Activities involving the storage, utilization or manufacture of products which decompose by detonation shall be in accordance with the regulations of each district. Such materials shall include, but are not limited to: all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid, propellants and components thereof such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetraxoles and ozonides; unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in concentration greater than 35%; and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.
(a) 
Residential and commercial districts. No storage or manufacture of materials or products which decompose by detonation is permitted.
(b) 
Limited industrial districts. The storage or manufacture of materials or products which decompose by detonation is limited to five pounds.
(c) 
Heavy industrial districts. The storage or manufacture of materials or products which decompose by detonation is limited to five pounds. Quantities in excess of five pounds of such materials may be stored but not manufactured only when permitted in accordance with the effective Fire Code.
(d) 
Utilization. In all districts, the utilization of materials or products which decompose by detonation shall be permitted only in accordance with the effective Fire Code.
(2) 
Fire hazards: solids.
(a) 
Residential districts. The storage, utilization or manufacture of solid materials which are active to intense burning shall not be conducted in any residential district.
(b) 
Commercial and limited industrial districts. The storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire-resistive construction of no less than two hours and protected with an automatic fire extinguishing system.
(c) 
Heavy industrial districts. The storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within walls having a fire resistance no less than two hours or protected by an automatic fire-extinguishing system or the building wall shall be no less than 25 feet from all lot lines. The outdoor storage of such materials shall be permitted no closer than 40 feet from all lot lines.
(3) 
Fire hazards: liquids and gasses.
(a) 
The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this section, exclusive of the storage of finished products in original sealed containers (60 gallons or less) which shall be unrestricted.
(b) 
The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following table for each of the districts indicated but no other.
Liquids (Gallons)
Gases (SCF*)
Above-ground Flash Point - °F.
Below-ground Flash Point - °F.
Above-ground
Below-ground
Zoning Districts
Less than 70
70-200
Less than 70
70-200
I-1
5,000
20,000
10,000
40,000
150,000
300,000
I-2
10,000
40,000
20,000
80,000
300,000
600,000
*
SCF - Standard Cubic Feet at 60° F. and 29.92 inches Hg.
I. 
Air pollution. Ambient air quality standards have been established by the Commonwealth of Pennsylvania and are enforced by the Pennsylvania Department of Environmental Protection. In order to minimize overlapping regulations, the Borough adopts these standards as its own. However, to govern situations of a localized nature, the following additional regulations are provided.
(1) 
Odor. Odor threshold is defined as the lowest concentration of odorous matter that produces an olfactory response in normal human beings. Odor thresholds shall be measured in accordance with ASTM d 1931-57 (Standard Method for Measurement of Odor in Atmosphere (Dilution Method) or its equivalent.
(a) 
Residential, commercial and limited industrial districts. Odorous material released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.
(b) 
Heavy industrial district. Odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line, measured either at ground level or habitable elevation.
(c) 
Toxic matter. Should any such odorous material contain toxic material, such airborne toxic material shall not exceed one thirtieth of the odor threshold at the appropriate points of measurement.
(2) 
Smoke. For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart published by the U.S. Bureau of Mines shall be used.
(a) 
Residential, commercial and limited industrial districts. The emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited.
(b) 
Heavy industrial districts. The emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited, however, smoke of a shade not to exceed Ringelmann No. 3 is permitted for up to three minutes total in any one eight-hour period.
J. 
Application of performance standards.
(1) 
Any use established or changed to and any building, structure or land developed, constructed or used for any use or any accessory use thereto shall comply with all the performance standards herein set forth.
(2) 
If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards herein set forth shall apply to such extended, enlarged or reconstructed portion or portions of such use, building or other structure.
(3) 
Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(a) 
Where determinations can be made by the Zoning Officer or other Borough employees using equipment normally available to the Borough or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.
(b) 
Where technical complexity or extraordinary expense makes it unreasonable for the Borough to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.
(4) 
If the Zoning Officer finds, after making determinations in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein, he shall take or cause to be taken lawful action to cause correction to within the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of § 470-95.

§ 470-52 Uses not provided for.

In any district established by this chapter, when a specific use is neither permitted nor denied, the Zoning Hearing Board shall make a determination as to the similarity or compatibility of the use in question to be the permitted uses in the district. No permit shall be issued by the Zoning Officer for any unspecified use until this determination has been made by the Zoning Hearing Board.

§ 470-53 Uses with nuisance effect.

In no case is a use permitted which by reason of noise, dust, odor, appearance or other objectionable factors creates a nuisance, hazard or other substantial, adverse effect upon the property value or reasonable enjoyment of the surrounding property. Every reasonable effort must be made to prevent this effect through:
A. 
Control of lighting;
B. 
Design and maintenance of structure;
C. 
Use of planting screens or attractive fences;
D. 
Placement of structures on the site;
E. 
Appropriate control of use;
F. 
Prompt removal of trash or junk; and
G. 
Control of hours of operation.

§ 470-54 Abandoned and junked motor vehicles.

No abandoned or junked motor vehicles shall be parked, placed, or allowed to remain on any lot within any zoning district for a period of time in excess of 30 days. For the purpose of this section, an abandoned or junked motor vehicle which shall be parked, placed or allowed to remain on one or more lots for an aggregate period of 30 days or more shall be deemed a violation thereof. Nothing herein contained shall be deemed to prohibit the parking or placement of such vehicles in a garage or other completely enclosed permanent structure.

§ 470-55 Garage and yard sales.

[Amended 6-2-2003 by Ord. No. 460]
Garage, yard, attic, barn or similar types of residential sales are permitted in all districts in accordance with Chapter 247, Garage and Yard Sales, of the Code of the Borough of West York, as may be amended from time to time.