Chapter 27 Zoning Part 1 Title, Intent and Purposes
Total Page:16
File Type:pdf, Size:1020Kb
CHAPTER 27 ZONING PART 1 TITLE, INTENT AND PURPOSES § 27-101. Title; Effect on Other Provisions; When Effective. § 27-102. Authority. § 27-103. General Intent and Objectives. § 27-104. Interpretation. § 27-105. Applicability. § 27-106. Abrogation. § 27-107. Repealer. § 27-108. Severability. PART 2 OFFICIAL ZONING MAP § 27-201. Official Zoning Map. PART 3 DEFINITIONS § 27-301. Interpretation. § 27-302. Definition of Terms. § 27-303. List of Definitions. PART 4 ZONING DISTRICT REGULATIONS § 27-401. Establishment of Zoning Districts. § 27-402. Zoning District Purposes. § 27-403. Zoning District Boundaries. § 27-404. Permitted Uses, Conditional Uses and Uses by Special Exception. § 27-405. Authorized Land Uses. § 27-406. TND General Provisions. § 27-407. TND Subareas. 27:1 12/16/2014 § 27-408. TND Blocks, Streets and Parking. § 27-409. Dimensional Standards. § 27-410. Height Exceptions. § 27-411. Permitted Projections into Required Setbacks. § 27-412. Lot Access. § 27-413. Accessory Buildings, Structures, Uses and Events. § 27-414. Screening and Landscaping for Off-Street Parking and Service Structures for Nonresidential, Multifamily Dwelling/Apartments, Single-Family Attached and Mixed Uses. § 27-415. Vegetation Preservation and Buffer Yards. § 27-416. Cellar Structures. § 27-417. Fences and Walls. § 27-418. Graphic References. PART 5 SUPPLEMENTAL REGULATIONS § 27-501. Hazardous Substances. § 27-502. Fuel Pumps. § 27-503. Temporary Construction Trailers or Sheds. § 27-504. Outdoor Display and Storage. § 27-504.1. Community Gardens/Market Gardens. § 27-505. Solar Collectors and Solar-Related Equipment. § 27-506. Wind Energy Conversion Systems. § 27-507. Signage. § 27-508. Hours of Operation. § 27-509. Outdoor Storage. § 27-510. Delivery Plan. PART 6 USES BY SPECIAL EXCEPTION § 27-601. Granting and Evaluation of Special Exception Uses. PART 7 CONDITIONAL USES A. Conditional Uses § 27-701. Granting and Evaluation of Conditional Uses. 12/16/2014 27:2 B. Residential Uses. § 27-702. Apartment Conversion. § 27-703. Family Care Facility. § 27-704. Group Care Facility. § 27-705. Group Day-Care Home. § 27-706. Life Care Facility or Portions Thereof. § 27-707. Mobile Home Park. § 27-708. Multifamily Dwelling. § 27-709. Rooming House or Boardinghouse. C. Nonresidential Uses. § 27-710. Adult Facility (Adult Bookstore, Theater, Cabaret). § 27-711. Agriculture Activities. § 27-712. Animal Hospital/Care Facility. § 27-713. Appliance Store. § 27-714. All Other Uses. § 27-715. Automotive Dealer. § 27-716. Automotive Repair Shop/Service Station. § 27-717. Automotive Parts Store, Including Tube/Tire Supply. § 27-718. Banking Service (With Drive-Thru). § 27-719. Banking Service (Without Drive-Thru). § 27-720. Bed-and-Breakfast. § 27-721. Billboard. § 27-722. Brew Pub. § 27-723. Building Material/Garden Supply Store. § 27-724. Car Wash. § 27-725. Club, BYOB (Bring Your Own Bottle). § 27-726. Communication Tower. § 27-727. Convenience Store. § 27-728. (Reserved) § 27-729. Design Studio/Center, Architecture Materials. § 27-730. Financial Service, Other. § 27-731. Fuel/Energy Recharge Station (Retail). § 27-732. Furniture and Home Furnishing Retail Store. § 27-733. Grocery Store. § 27-734. Home-Based Business/Occupation (Low-Impact). § 27-735. Hospital/Medical Center. § 27-736. Hotel. § 27-737. Manufacturing, Heavy. § 27-738. Manufacturing, Light. 27:3 12/16/2014 § 27-739. Miscellaneous Repair Service Shop. § 27-740. Office, Small-Scale Business, Professional and/or Medical. § 27-741. Office, Large-Scale Business, Professional and/or Medical. § 27-742. Parking Lot/Structure. § 27-743. Place of Worship/Place of Assembly. § 27-744. Research and Development. § 27-745. Restaurant (With Drive-Thru). § 27-746. Retail Store (Large-Scale). § 27-747. School, Commercial. § 27-748. Social Services Office. § 27-749. Tavern/Pub. § 27-750. Tattoo Establishment. § 27-751. Theater. § 27-752. Utility Use. § 27-753. Warehouse. PART 8 PARKING AND LOADING § 27-801. Off-Street Parking Requirements. § 27-802. Off-Street Parking Design Standards. § 27-803. Off-street Loading and Unloading. PART 9 PERFORMANCE STANDARDS § 27-901. Compliance Required. § 27-902. Fire Protection. § 27-903. Radioactivity; Electrical Disturbances. § 27-904. Noise. § 27-905. Vibrations. § 27-906. Odors. § 27-907. Smoke. § 27-908. Air Pollution. § 27-909. Glare. § 27-910. Erosion. § 27-911. Excavation, Filling and Grading. § 27-912. Use of Flood-Prone Land. 12/16/2014 27:4 PART 10 NONCONFORMITIES § 27-1001. Variance Procedure. § 27-1002. Nonconforming Uses. § 27-1003. Nonconforming Lots of Record. § 27-1004. Nonconforming Structures. PART 11 APPLICATION AND REVIEW PROCESS § 27-1101. Schedule of Fees. § 27-1102. Requests for Reasonable Accommodation. § 27-1103. Special Exception Approval Procedures. § 27-1104. Conditional Use Approval Procedures. § 27-1105. Sustainable Practices Bonuses. PART 12 REZONING PROCEDURES § 27-1201. Purpose of Rezoning Applications. § 27-1202. Rezoning Application Forms. § 27-1203. Review of Rezoning Applications. § 27-1204. Application Criteria. § 27-1205. Rezoning Application Plans, Analyses and Reports. § 27-1206. Additional Information. PART 13 PERMITS § 27-1301. Permitting Provisions. § 27-1302. Occupancy Permit. § 27-1303. Temporary Use Permit. PART 14 AMENDMENTS § 27-1401. Enactment of Zoning Ordinance Amendments. § 27-1402. Procedure for Landowner Curative Amendments. 27:5 12/16/2014 § 27-1403. Procedure for Borough Curative Amendments. § 27-1404. Content of Public Notice. PART 15 ENFORCEMENT REMEDIES § 27-1501. Enforcement. § 27-1502. Causes of Action. § 27-1503. Civil Penalties. PART 16 ADMINISTRATIVE ROLES AND DUTIES § 27-1601. Outline of Administrative Roles and Duties. Table 2: Authorized Land Uses Parking Diagrams and Street Sections/Exhibits 12/16/2014 27:6 § 27-101 ZONING § 27-104 PART 1 TITLE, INTENT AND PURPOSES § 27-101. Title; Effect on Other Provisions; When Effective. [Ord. 1112, 1/19/2010] This chapter shall be known as and may be cited as the "Borough of Mechanicsburg Zoning Ordinance." Said chapter shall not supersede any other related state or federal provisions. The effective date of the chapter shall be upon its adoption. § 27-102. Authority. [Ord. 1112, 1/19/2010] This chapter is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, Act 247, the Pennsylvania Municipalities Planning Code, July 31, 1968, as amended.1 § 27-103. General Intent and Objectives. [Ord. 1112, 1/19/2010] A. This chapter is enacted for the following purposes: (1) To promote, protect and facilitate one or more of the following: the public health, safety, morals, and general welfare; coordinated and practical community development; proper density of population; emergency preparedness; disaster evacuation; the provision of adequate light and air; police protection; vehicle parking and loading space; transportation; water; sewerage; schools; public grounds; and other public requirements. (2) To prevent one or more of the following: overcrowding of land; blight; danger and congestion in travel and transportation; and loss of health, life or property from fire, flood, panic or other dangers. (3) To promote and to foster the community development goals and objectives, including quality infill, replacement, redevelopment and/or adaptive reuse, as identified in the Mechanicsburg Borough Comprehensive Plan, as amended. B. This chapter is made in accordance with an overall program and with consideration for the character of the Borough, its various parts, and the suitability of the various parts for particular uses and structures. § 27-104. Interpretation. [Ord. 1112, 1/19/2010] In interpreting and applying this chapter, its provisions shall be held to be the minimum requirements for promotion of the health, safety, morals, and general welfare of the Borough. Any use permitted subject to the regulations prescribed by the provisions of this chapter shall conform with all regulations and is not intended 1Editor's Note: See 53 P.S. § 10101 et seq. 27:7 12/18/2012 § 27-104 MECHANICSBURG CODE § 27-108 to interfere with, abrogate, annul, supersede or cancel any reservations contained in deeds or other agreements; but if the chapter imposes more-stringent restrictions upon the use of buildings, structures and land than are contained in the deeds or agreements, the provisions of this chapter shall control. In interpreting the language of this chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by Mechanicsburg Borough, in favor of the landowner and/or developer and against any implied extension of the restriction. § 27-105. Applicability. [Ord. 1112, 1/19/2010] The provisions, regulations, limitations and restrictions of this chapter shall apply to all structures, buildings, uses, signs and land and their accessory structures, buildings, uses and signs. Notwithstanding the foregoing, the requirements of this chapter shall not apply to land, uses, services or structures owned by the Borough of Mechanicsburg, nor to land, uses or structures owned by those municipal authorities authorized or created by it to provide governmental or public health and safety services. Further, the requirements of this chapter do not apply to private uses permitted by the Borough of Mechanicsburg, or it's authorized municipal authorities, to be conducted on, upon, or in Borough/Authority land or structures. In any