7.01 Accessory Structure / Garage
a) Definition: A building, including garages, sheds, and other similar structures, which are constructed on the same property as, and are accessory to, a principal building.
b) General Provisions:
1. Accessory structures shall be located to the rear or side of the principal building. In no case shall any portion of an accessory structures be placed any closer to the front street right-of-way than the principal structure.
2. The total building area of an accessory building may not exceed fifty percent of the first floor building area of the principal structure on the property.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.02 Fence and Wall
a) Definition: Any structure erected for the purpose of screening on property from another either to assure privacy or protect the property screened. Walls, including retaining walls, erected to serve in this same manner shall also be considered fences for the purpose of this ordinance.
b) General Provisions:
1. EC District. A fence shall have a maximum height of 10 feet and a wall shall have a maximum height of 4 feet. Fencing shall allow clear sight view through the fence while separating property lines or area of activity. The maximum ratio of solid to open areas shall be 1:1 (such as a split rail, chain link, or wrought iron fence). Where fencing is required to screen the property, or use, from adjacent properties, the requirement for clear sight shall not apply.
2. CDB District. A fence shall have a maximum height of 6 feet and a wall shall have a maximum height of 4 feet. Fencing shall allow clear sight view through the fence while separating property lines or area of activity. The maximum ratio of solid to open areas shall be 1:1 (such as a split rail, chain link, or wrought iron fence).
3. All other districts.
a. A maximum height of six feet shall apply to any fence.
c. Any wall shall be constructed of brick, masonry, or other compatible material with a finished appearance.
3. Materials.No fence or wall shall be constructed from scrap sheet metal or similar "junk." No fence in a residential district shall be constructed out of barbed wire or be electrically charged, unless the applicant proves to the satisfaction of the Zoning Officer that barbed wire is necessary to protect persons from an unusual hazard, such as electric transformers.
4. No fence or wall shall be constructed within the right-of-way of a street, except as provided in paragraph "5" of this section, when approved by the City of York City Engineer or City of York Department of Public Works.
5. Retaining Wall. The provisions of this Subsection shall not apply to a retaining wall of up to 8 feet in height that is necessary to hold back slopes or the wall of a building in a location permitted by this Ordinance.
6. Measurement of Height.The height of any new fence or wall shall be measured on the exterior side of the fence or wall that faces a street, alley or other property, and shall be measured from grade level to the top of the main segment of the fence. Where a fence and wall are combined, the wall shall be restricted by the wall regulations, and the top of the fence/wall shall be restricted by the maximum height for a fence.
7. Construction. Fences and walls shall be durably constructed and meet the requirements of the City Building Code where applicable.
8. Temporary Fencing. These provisions shall not apply to temporary fencing around active construction sites, provided such fencing is removed within 30 days after completion of the construction.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.03 Private Swimming Pool
a) Definition: Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and in-ground pools; hot tubs; spas and fixed-in-place wading pools.
b) General Provisions:
1) LOCATION - Pools in excess of a design depth of twenty-four inches and erected on a lot of any width shall be located at least five (5) feet from the rear and side property line and ten (10) feet from the principal building, with the following exceptions:
2) DIMENSIONS
A. Pools that have a design depth from twenty-four (24) inches to and including three (3) feet in depth and erected on a lot eighteen (18) feet wide or greater shall be located at least ten (10) feet from the principal building and at least three (3) feet from the rear and side property lines.
B. Pools that have a design depth from twenty-four (24) inches to and including three (3) feet in depth and erected on a lot less than eighteen (18) feet wide shall be located at least ten (10) feet from the principal building and at least one (1) foot from the other side property line, provided that a six (6)-foot high solid masonry or solid wooden fence be erected along the property line on the side of the pool with the one (1) foot setback. The remainder of the pool area shall be enclosed in accordance with subsection (d)(4) hereof.
Lot Width | Lot Width | Lot Width | Lot Width | |
Less than 18 ft. | Less than 18 ft. | 18 ft. and greater | 18 ft. and greater | |
Pool Depth | Pool Depth | Pool Depth | Pool Depth | |
24 inches to 3 ft. | Over 3 ft. | 24 inches to 3 ft. | Over 3 ft. | |
Rear Yard | 3 ft. | 5 ft. | 3 ft. | 5 ft. |
Side Yard | 3 ft. | 5 ft. | 3 ft. | 5 ft. |
Side Yard | 1 ft.* | 5 ft. | 3 ft. | 5 ft. |
* Six (6) foot fence required on this side: see subsection (d)(1)B. hereof.
2) NUISANCE OR HAZARD - It shall be suitably designed and located so as not to become a nuisance or hazard to adjoining property owners or the public. Outdoor lights, if used, shall be shielded and not reflected toward adjacent residential properties.
3) DRAINAGE - Provision shall be made for drainage of the pool and back-wash water disposal. The use of open fields, lawns or dry wells shall be permitted for this purpose provided they meet the requirements of the Pennsylvania Department of Environmental Protection. Water shall not be emptied onto public roads or adjoining land belonging to others.
4) ENCLOSURE - The entire pool area shall be enclosed with fencing or other safeguards as required by the Pennsylvania Uniform Construction Code, as adopted and amended by the City of York.
5) ADDITIONAL ASPECTS - All other aspects of swimming pool installation, security and maintenance shall be in accordance with the Pennsylvania Uniform Construction Code, as adopted and amended by the City in the Codified Ordinances.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.04 Off-Street Parking
a) Definition: Parking of vehicles on private property, not on a street right-of-way.
b) General Provisions: Specific provisions for parking shall be as indicated in Article 1309 of this zoning ordinance. Impervious surface requirements of the district in which the off-street parking is located may not be exceed to accommodate off-street parking.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.05 Signs
a) Definition: Any permanent or temporary structure or part thereof, or any device that is attached, painted, or represented directly or indirectly on a structure or other surface, or which is placed inside within twelve (12) inches of a door, window, or other glazed surface which is intended to be seen from the exterior, which displays or includes any letter, word, insignia, flag, or representation used as, or which is in the nature, of an advertisement, announcement, visual communication or direction or is designed to attract the eye or bring the subject to the attention of the public.
b) General Provisions: Specific provisions for signs shall be as indicated in Article 1308 of this zoning ordinance. If a property is located in a HARB district, the sign must also conform to HARB design guidelines and be approved by City Council through the HARB process.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.06 Over-the-Air Reception Device (OTARD)
a) Definition: Antennas used to receive video programming, and data services, including television and internet, which are regulated by the Federal Communications Commission (FCC, 47 C.F.R. Section 1.4000).
b) General Provisions:
1. SIZE - No satellite dish or antenna shall exceed one (1) meter in diameter (39.37").
2. HEIGHT - No satellite dish or antenna mast shall be permitted in excess of twelve (12) feet above the roofline of the building it is attached to, or if not attached to a building, then no satellite dish or antenna mast shall be permitted in excess of twelve (12) feet above the roofline of the principal building on the property.
3. PERMITS - No permits shall be necessary, except for such devices installed within the HARB district when attached to a building and/or within public view, in which case a permit and HARB review shall be required.
4. OTHER LAWS - Devices shall not be installed in violation of any provision of the Pennsylvania Uniform Construction Code.
5. REMOVAL - Such structures shall be completely removed within thirty (30) days of the discontinuance of their use.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.07 On-Lot Storage
a) Definition: An accessory use which involves the temporary placement of items or supplies, other than junk or scrap material, which is stored or placed on a lot for later use. Storage shall be within an existing or temporary enclosed building or structure. "PODs" shall refer to any container, storage unit, shed-like container, or other portable structure that is intended to be used for the temporary storage of personal property of any kind and which is located for such purposes outside an enclosed building.
b) General Provisions:
1) LENGTH OF TIME - Such structure may be located at a property for a period not exceeding seventy-two (72) hours from time of delivery to time of removal. Structures may not be placed at a property more than one (1) time in a thirty (30) calendar day period. If the structure is placed at the rear of a property, and cannot be seen from any public right-of-way, the structure may remain for up to sixty (60) days one time within a calendar year with a permit from the City.
2) NUMBER - No more than two (2) structures may be located at a property at any given time.
3) LOCATION - Such structures shall not be located within any public right-of-way and may not obstruct the vision of motorists.
4) SIZE - Structures may not exceed eight feet, six inches (8' 6") in height, ten (10') feet in width, and twenty (20') feet in length.
5) SAFETY - It is the responsibility of the property owner to properly secure the structure so that it is not a hazard to people or property. During periods of high winds or other such weather conditions, the City shall have the right to order the immediate removal of the structure from a property.
6) REMOVAL - Such structures shall be removed at the end of the time for which is may legally be placed. The City may remove the structure if is not removed within the allotted time period or if it becomes a hazard, in which case the cost of removal, together with the cost of administration of its removal, shall be the responsibility of the property owner and may be filed as a lien against such property by the City.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.08 Horticulture
a) Definition: A garden or greenhouse for plant cultivation.
b) General Provisions:
1) Within residential, UN, or MUI districts, this use may not be operated as a business, although products grown on site may be sold off-site to off-set costs of production.
2) Structures for this use may not exceed 500 sq.ft. or 50% of the first floor building area of the principal structure on the property, whichever is less, and must meet all zoning district dimensional requirements.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.09 Accessory Supply Utility
a) Definition: A structure which is part of a public utility system, or other similar service, necessary to provide a utility or service to a property. Examples include: water meter, electric meter, electric transformer, gas meter, telephone box, cable television box, and sanitary sewer pump. Personal satellite receiving dishes shall not be part of this definition, but rather under the definition of an Over-the-Air Reception Device (OTARD).
b) General Provisions:
1) Structures shall be placed by the utility company or under the location and installation requirements issued by the utility.
2) Structures shall be placed to the side or rear of a property, unless it is not possible, in which case the utility shall provide documentation to the Zoning Officer to review and approve an alternative location.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.10 No-Impact Home Based Business
a) Definition: A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
b) General Provisions: The business or commercial activity must satisfy the following requirements:
1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
2) The business shall employ no employees other than family members residing in the dwelling.
3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
4) There shall be no outside appearance of a business use, including, but not limited to: parking, signs or lights. Signage is not permitted.
5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
7) The business activity shall be conducted only within the dwelling and may not occupy more than twenty-five percent (25%) of the habitable floor area.
8) The business may not involve any illegal activity.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.11 Home Occupation
a) Definition: An accessory use for gainful employment, as specified in Section 1304.25(B) Home Occupations are located in a portion of a dwelling unit. The accessory use is clearly incidental and subordinate to the residential use of the dwelling unit or accessory structure.
b) General Provisions:
1) Any home occupation use shall be confined to the principal residence of the individual so engaged; shall be excluded from any yard or accessory building; and, shall be clearly incidental and subordinate to the primary residential use.
2) No alteration shall be made in either the internal or external structural form of the residential building or the external appearance for purposes of any home occupation. The removal of partitions or floors, or parts thereof, shall be construed as an alteration of the external or internal structural form and is, therefore, prohibited.
3) No evidence of any home occupation shall be visible from off the lot where it is conducted except for no more than one (1) home occupation sign displayed in compliance with Section 1308.
4) No more than twenty (20) percent of the livable area of any residence shall be used for a home occupation.
5) No person other than a permanent resident of the dwelling unit shall be engaged in or employed at any home occupation within such dwelling unit except that in connection with the practice of a profession which can be practiced only with the assistance of supportive personnel, one (1) person not residing in such dwelling unit may be so employed.
6) No storage of equipment or materials used in a home occupation shall be outside the principal residence.
7) No equipment or process shall be used in any home occupation which emits radiation or creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot used for such home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference.
8) No traffic shall be generated by any home occupation unreasonably greater in volume or different in nature then would otherwise normally occur in the residential neighborhood in which it is located.
9) Retail and wholesale business shall be prohibited.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.12 Family Child Care Home
a) Definition: A child care facility located in a home in which up to six (6) children who are not related to the caregiver receive child care. A family child care home must have a certificate of registration from DPW in order to legally operate.
b) General Provisions:
1) The Family Child Care Home shall comply with all state licensing requirements.
2) The Family Child care Home shall comply with all required inspections and code requirements.
3) The Family Child Care Home shall be located within a single-family dwelling.
4) The Family Child Care home shall have at least 1,200 sq.ft. of interior floor area and at least 240 sq.ft. of outdoor play area.
5) The Family Child Care Home shall provide an area for drop off / pick up of children. A plan documenting this area shall be provided to the Zoning Officer for review and approval.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
(Ord. 23-2011. Passed 8-16-11.)
7.13 Roof-Mounted Personal Solar Panel System
a) Definition: A system attached to the roof of a building designed to supply electricity through the direct conversion of solar energy for use within the principal building on teh same property as the system.
b) General Provisions:
1) The structure shall be placed on the roof of the principal building or on the roof of an accessory building.
2) The structure shall be subject to HARB review and approval within HARB districts.
3) The system shall be designed to generate the amount of electricity necessary to supply power for the principal structure on the property. A system shall not be designed to create additional power; however, additional power may result from on-site use less than designed. Connection to the electricity grid to back-feed this excess power generated shall be permitted when permitted by the local electric company.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of Section 1311.11(c).
(Ord. 21-2019. Passed 9-17-19.)
7.14 Wind Energy System (Personal)
a) Definition: System designed to provide electricity through the use of wind energy for use within the principal building on the same property as the system.
b) General Provisions:
1) The structure shall be placed on the roof of the principal building, on the roof of an accessory building, or as a freestanding structure placed within the required setbacks as established for the district.
2) If a freestanding structure, it shall be placed behind the principal building. The structure shall be subject to HARB review and approval within HARB districts.
4) The structure on which the wind energy system is placed may not exceed twice the height of the principal building on the property, or the maximum height allowed by the FAA, whichever is less. Height shall be as measured from natural grade to the highest point of travel of the blade tips.
5) The structure on which the wind energy system is placed must be setback from all structures and property lines at least 110% of the height of the structure. If such setback is not possible, than the structure shall be prohibited.
6) Noise from the system shall not be greater than 55db as measured at the property line or nearest neighboring structure, whichever is closer to the structure.
7) No illumination of the turbine or tower shall be allowed unless required by the FAA or other governmental agency.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.15 Solar Hot Water System (Personal)
a) Definition: System designed for the heating of water by solar energy for use within the principal building on the same property as the system.
b) General Provisions:
1) The structure shall be placed on the roof of the principal building, on the roof of an accessory building, or as a freestanding structure placed within the required setbacks as established for the district.
2) If a freestanding structure, it shall be placed behind the principal building. The structure shall be subject to HARB review and approval within HARB districts.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of Section 1311.11(c).
7.16 Domiciliary Care Home
a) Definition: A single-family dwelling in which a supervised living arrangement in a homelike setting for a period exceeding twenty-four (24) consecutive hours is provided to no more than three (3) people who are not relatives of the operator and who need supervised, protective living arrangements. The home must be licensed by the York County Area Agency on Aging and conducted in accordance with Commonwealth regulations.
b) General Provisions: N/A
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.17 Rooming House/Boarding House
a) Definition: A building arranged or used for living and sleeping, with or without meals, but for compensation, designed as an accessory use to a single-family dwelling, not including more than three (3) roomers and in which no provision is made for cooking in any individual room or suite.
b) General Provisions:
1) Each rental unit shall include a minimum of 250 square feet. The lot shall include a maximum of six rental units.
2) Each rental unit shall be occupied by a maximum of two adults.
3) The building shall be occupied by the owner of the property.
4) This use shall not be permitted unless the property owner provides access for inspections by City codes enforcement officials to inspect the entire building for compliance with City codes, prior to issuance of a zoning permit.
5) There shall be at least four (4) off-street parking spaces.
c) Special Exception Provisions: All General Provision requirements, in addition to the Special Exception provisions of section 1311.11(c).
7.18 Vending Device
a) Definition: A device, motorized or not, which is intended to dispense and/or collect a product with or without a fee. Included in this definition are soda machines, candy/snack machines, clothing collection boxes, and other similar devices. Mailboxes and library return boxes are specifically excluded from this definition.
b) General Provisions:
1) Vending devices must be placed within the interior confines of a building.
2) Newspaper vending boxes are exempt from this definition and shall be permitted when their placement complies with all other applicable city ordinances. Such boxes may only be permitted within a right-of-way by approval of an encroachment agreement by City Council. City Council may elect to require such devices to be contained within a specific structure designed to house multiple newspaper boxes.
3) Printed advertising materials (i.e. printed brochures or papers advertising the sale or lease of real estate, apartments, or vehicles), are only permitted when located next to legally existing newspaper boxes and are subject to the same regulations as newspaper boxes with respect to City approvals.
(Ord. 23-2011. Passed 8-16-11.)
7.19 Freestanding Personal Solar Panel System:
a) Definition: A system of one or more freestanding structures designed to supply electricity through the direct conversion of solar energy for use within the principal building on the same property as the system.
b) General Provisions:
1) The structure must be placed within the required setbacks established for the district.
2) The structure must be placed behind the principal building.
3) The structure shall be subject to HARB review and approval within HARB districts.
4) The system shall be designed to generate the amount of electricity necessary to supply power for the principal structure on the property. A system shall not be designed to create additional power; however, additional power may result from on-site use less than designed. Connection to the electricity grid to back-feed this excess power generated shall be permitted when permitted by the local electric company.
c) Special Exception Provisions: All General Provisions requirements, in addition to the Special Exception provisions of Section 1311.11(c).
(Ord. 21-2019. Passed 9-17-19.)