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HomeMy WebLinkAbout02-0580C.S.R. Enterprises, Appellant Zoning Heating Board of the Borough of Shippensburg, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. g'~ -X,ot9 (~ I. -2002 : : Land Use Appeal NOTICE OF LAND USE APPEAL TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES, C.S.R. Enterprises, Appellant, who appeals from the decision of the Zoning Hearing Board of thc Borough of Shippensburg, Cumberland County, Pennsylvania, and in support thereof states as follows: 1. The Appellant, C.S.R. Enterprises, is a parmership with offices at 9767 Forrest Ridge Road, Shippcnsburg, Pennsylvania, and is the owner of a parcel of real estate which is located partially within the Borough of Shippcnsburg and partially within Shippensburg Township, along Kenneth and Brookside Avenues. 2. The Appellee is the Zoning Hearing Board of the Borough of Shippcnsburg, Cumberland County, Pennsylvania. 3. The subject property is 4.66 acres, with approximately 1.24 acres located in the Borough of Shippensburg. 4. The portion of the property which is located within the Borough of Shippensburg is zoned R-7 Residence District. 5. On October 8, 2001, a Preliminary Plan for CSR Enterprises was submitted to the Borough of Shippensburg concerning the proposed development of a five building, multiple family dwelling apartment complex which two of the apartment buildings in the Borough of Shippensburg and three of the apartment buildings in the Township of Shippensburg. 6. Multiple-family dwellings not to exceed six (6) units; are permitted uses in the R-7 District, however, pursuant to Section 150-37 of the Borough of Shippensburg's Zoning Ordinance, the lot area for these type of multiple dwelling units shall not be less than five (5) acres nor less than five thousand (5,000) square feet of lot area per family. 7. On November 7, 2001, Appellant filed with the Zoning Hearing Board of the Borough of Shippensburg an application for a variance concerning Appellant's proposed construction of five (5) apartment buildings on the Subject Property, with each apartment building having twelve (12) units as well as a separate building for laundry service, the construction of macadam drive/parking areas, installation of sanitary sewer and water laterals as necessary and other land use improvements associated with the aparhnent buildings. 8. Appellant sought a variance concerning lot size, e.g., five acre minimum, a variance for lot density, and a variance concerning the square footage per dwelling unit. 9. Hearings before the Board concerning Appellant's variance requests were held on November 28, 2001 and December 19, 2001. 10. The Zoning Hearing Board rejected Appellant's variance requests on January 4, 2002. A copy of the Board's opinion is attached as Exhibit "A". 11. The action of the Zoning Hearing Board of the Borough of Shippensburg in denying Appellant's variance requests was arbitrary, capricious, and an abuse of discretion and contrary to law in that: ao The Board erred in concluding that the proposed development of the parcel could occur in Shippensburg Township rather than Shippensburg Borough was an error or law and an abuse of discretion. The Board erred in concluding that this apartment use would alter the character of an adjoining zoning district and therefore, was an error of law and an abuse of discretion. The Board erred in concluding that the variance requests were not minimal variances was an error of law and an abuse of discretion. The Board erred in failing to impose conditions, which it may have deemed necessary to assure that the Appellant, in light of the variance requests, would comply with the intent of the Zoning Chapter and as such resulted in an error of law and abuse of discretion. eo Favorable action on Appellant's variance requests would not have an adverse effect on the health, safety, morals, or general welfare of the community in this zoning district in that this zoning district already provides for fraternity and sorority houses or housing for college and university students, and as such resulted in an error of law and abuse of discretion. f. Favorable action on Appellant's variance requests would have been consistent with the spirit, purpose and intent of the zoning ordinance as specified. WHEREFORE, Appellant respectfully requests that this Honorable Court reverse the action of the Zoning Heating Board of the Borough of Shippensburg and direct that Appellant be granted the variances as requested in its application. Respectfully submitted: COYNE & COYNE, P.C. Henry F. C0y~, l~squire j' 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 06250 Attorney for Appellant 4 INRE: DOCKET NO.: BOROUGH OF SHIPPENSBURG ZONING HEARING BOARD 111 NORTH FAYETTE STREET P.O. BOX 129 SHIPPENSBURG, PA 17257 DECISION OF ZONING HEARING BOARD APPLICATION OF C.S.R. ENTERPRISES 2001- 15 DATE OF APPLICATION: NOVEMBER 7, 2001 LOCATION OF PROPERTY: REQUI~STED RELIEF: KENNETH AVENUE, SHIP?ENSBURG, PA VARIANCE DATE OF HEARINGS: DATE OF DECISION: NOVEMBER 28, 2001 AND DECEMBER 19, 2001 DECEMBER 19, 2001 BOARD MEMBERS IN ATTENDANCE: J. LEE HOCKERSMITH AND WILLIAM CRESSLER~ PROPER NOTICE OF THE ABOVE HEARING WAS GIVEN BY ADVERTISING IN THE NEWS CHRONICLE, SHIPPENSBURG, PENNSYLVANIA ONCE A WEEK FOR TWO WEEKS PRIOR TOT HE HEARING AS APPEARS FROM PROOF OF PUBLICATION. ADDITIONALLY, NOTICE OF THE HEARING AND THE APPLICATION WAS SENT TO ALL ADJOINING PROPERTY OWNERS, POSTED. ON THE PROPERTY IN QUESTION AND POSTED IN THE BOROUGH OF SHIPPENSBURG OFFICE. FINDINGS OF FACT THE BOARD HEREBY FINDS THE FOLLOWING FACTS: 1 Applicant is C.S.R. Enterprises, c/o Scan P. Tighe of 9767 Forrest Ridge Road, Shippensburg, Pennsylvania 17257. ~ Board Member Earl Parshall and Board Alternate Andrea Lage attended the November 28, 2001 hearing. However, both Members resigned from the Board prior to the Board's December 19, 2001 beariag and decision. Applicant seeks a variance with respect to land on Kenneth and Brookside Avenue, which is located partially within the Borough of Shippensburg and partially within Shippensburg To~nship (Subject Property). Lawrence B. Royer and Alice B. Royer own the Subject Property, and the Applicant is equitable titleholder pursuant to an A~meement of Sale between Applicant and the owners. Applicant seeks various variances in order to construct two twelve (12) unit apartments buildings at the Subject ProPerty on land located in the Borough of Shippensburg. DISCUSSION AND FURTHER FACTUAL DETI~RMINATIONS The Subject Property is 4.66 acres, with approximately 1.24 acres located in the Borough of Shippensburg and 3.42 acres located in Shippensburg Township. Applicant proposes to consn'uct five (5) apartment buildings on the Subject Property, with each apartment building having twelve (12) units. Additionally, the project will include a separate building for laundry service, construction of macadam drive/parking areas, installation of sanitary sewer and water laterals as necessary and other land use improvements associated with the apartment buildings. The zoning within Shippenslmrg Township is R-2 Residence District, with apartment units as proposed being a conditional use. On December 17, 2001, Shippensburg Town_qhip issued a conditional use permit to the Applicant which approved the proposed development within the Township subject to eight (8) conditions imposed on the Applicant by the Township. The portion of the Subject Property located within th~ Borough of Shippensburg is in a R-7 Residence District. Pursuant to Section 150-16(A)(1) of the Borough of Shippensburg Zoning Ordinance (Ordinance), uses permitted in an R-3 Multi-Family residence District are permitted in the R-7 District. Permitted uses in a R-3 District are outlined in Section 150-12 of the Ordinance, which Section 150-12(A)(2)(b) allows "Garden-Type Multiple-Family Dwellings not to exceed six (6) units, subject to the general regulation set forth in Section 150-37 of Article X hereof." Section 150-37 of the Ordinance provides various conditions for these types of multiple dwelling units. Section 150-37(A) provides that a lot area shall not be less than five (5) acres and Section 150-37(B) provides not less than five thousand (5,000) square feet of lot area per family. Applicant sought variances from these provisions, with the total lot area for this project being 4.66 acres, the proposed lot size per dwelling unit being three thousand three hundred ninety (3,390) square feet, and the apartment buildings having twelve units rather than the required six. A number of neighbors appeared at the two heatings voicing their opposition to the proposed variance. They noted that it was anticipated college students would occupy these apartment units, and the neighbors expressed serious concerns with respect to problems that would be associated with the college student occupancy. They cited issues such as supervision of the college students, additional traffic and parking issues and related matters. Concern was expressed with respect to placing one hundred eighty (180) college students on this parcel and how those students would interact with the neighboring residential uses. There were also concerns expressed with respect to potential trespass to an adjacent cemetery. It is clear from the plan submitted by the Applicant that the land in question could be used for apartment buildings without the need of a variance. If the Applicant reduced the size of the proposed apartment buildings (at least those buildings that are to be within the Borough) to be not more than six (6) units and increased the unit size up to five thousand (5,000) square feet per family, the only portion of the Ordinance that would merit consideration is that section requires that such uses be on a five (5) acre trace of ground. Such a reduction would obviously create a situation where there would be fewer college students at the Property, but this outcome would still allow the Applicant to maintain an apartment building use at the Subject Property while at the same time help alleviat~ the obvious congestion that may be created with one hundred eighty college students on a tract of ground less than five acres. It should also be noted that a reconfiguration of the proposed plan whereby the apartment buildings would be located solely within the Township would result in the applicant not being required to obtain any use permit from the Borough of Shippensburg and, thus, a variance would not be required. Clearly, the Applicant has other options whereby the Applicant could meet the spirit and intent of the Ordinance. The Applicant has also not demonstrated any real hardship except for the hardship' imposed by the Ordinance itself. This land can be developed for other uses permitted within an R-7 Zoning District. The only hardship that appears to be present is that the Applicant desires to put more apartment units on the property than what the Ordinance would allow. Furthermore, the Applicant's request is certainly not a minimal variance request in light of the fact that the Applicant has the ability of scaling back the number of units purposed and increasing the size oft.he units in order to be in more compliance with the Ordinance. It appears that intensive apartment use will alter the essential character of that portion of the neighborhood which is in single-family residential use. The Applicant also failed to come forward with any unique physical circumstances or conditions relating to the property. CONCLUSIONS OF LAW The Board finds the following Conclusions of Law: 1. The Applicant has not met its burden to demonstrate that it is entitled to the variance as requested. 2. The Subject Property could be developed in strict conformity with the provisions of the Ordinance. 3. Intensive apartment use at the Subject Property will alter the essential character of that portion of the neighborhood which is in single4hmily residential use. 4. The variance requested does not represent the minimum variance that would afford relief nor represent the least modification possible of the Ordinances in question. DECISION It is the decision of the Borough of SMppensburg Zoning Hearing Board as follows: 1 The application of C.S.R. Enterprises for a variance for property located at Kenneth and Brookside Avenue is hereby DENIED. 1-4-02 DATE MAILED ,f~. L~4~ HOCKERSMrrH, SECRETARY BOROUGH OF SHIPPENSBURG ZONING HEARING BOARD ANY PERSON AGGRIEVED BY THE DECISION OF THE ZONING HEARING BOARD MAY APPEAL TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. THE APPEAL MUST BE FILED wrrH]N 30 DAYS FROM THE DATE OF THIS DECISION. CERTIFICATE OF SERVICE I, Henry F. Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Request for Production of Documents and Things was served this date upon the below- referenced individuals at the below listed address by way of facsimile and first class mail, postage pre- paid: Borough of Shippensburg ATTN: Zoning Hearing Board 111 North Fayette Street P.O. Box 129 Shippensburg, PA 17257-0129 Dated:(~ I ~{2'd~ E Hen~ F. Coyne, Esquire fi/ 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 C. S.R. Enterprises VS. Zoning Hearing Board of the Borough of Shippensbur§ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-580 CIVIL TE~ WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) TO: ZoninG Hearing Board of the Borough of Shippensburg We, being willing for certain reasons, to have certified a certain action between C.S.R. Enterprises vs. Zoning Hearing Board of Borouqh of Shippensburq pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our Court of Con, non Pleas at Carlisle, within 20 days~'~f the date hereof, together with this writ; so that we may further cause robe done that which ought to be done according to the laws and Constitution of this Conxponwealth. WITNESS, the Honorable our said Court, at Carlisle, Pa., the lstday of w~b~,~y. , 2002 m Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement RE~quired) Total Postage & Fees Postmark Here BROUJOS & GILROY, P.C. ATYORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 T~t~PHO~,m: (717) 243-4574 FACSIMILE: (717) 243-8227 IIaT~a~T:brgil~ypc~aol.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 March 6, 2002 Curtis R. Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: CSR Enterprises v Zoning Hearing Board of Shippensburg No.: 02-580 Dear Curt: Pursuant to the Writ of Certiorari issued in the above matter, enclosed for filing is a certified copy of the Record of the proceedings before the Zoning Hearing Board of the Borough of Shippensburg. I am also including with this filing a copy of the Zoning Ordinance of the Borough of Shippensburg to be placed in the file for easy reference by the court. Should you have any questions, please feel free to contact me. Sincerely yours, dca Enclosure CC: Henry F. Coyne, Esquire Robert Weaver Zoning Hearing Board Members C.S.R. Enterprises VS. Zoning ~---~ing Board of the Borough of Shiu~ensb~rg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-580 CIVIL WRIT OF CERTIORARI COMMONW~ALTH OP ~ENNSYLVANIA) : ~$. COUNTY OF CUMBERLAND) TO: zoning Hearin~ Board o~ ~he Borough o~ ~i~ We. ~ing ~llin~ for cer~ain~ons, to ~'e certi~i~ ~ ~ action pending before you, do c~,.;and you that the record of ~he actic~ aforesaid with all thin~ conce~'~ing said action, shall ~e certifie4 a~d sent to our judges of o~r CO~ of C¢~¢~3n Pleas at Carlisle, witkin 20 days'~'bf the date hereo~, to~ether with this writ; so that we m~y further ca. se to be done that which o~ght tO be done according to the laws and Constitution of this Commonwealth. WITNESS, the Hoaorabls our said Court, at carlisle. Pa.. the day of 2002 . PrOt honor ~'y Chapter 150 ZONING § 1S0-1. § 150-2. § 150-4. § 150-5. § 150-6. § 150-7. § 150-8. § 150-9. § 150-10. § 150-11. § 150-12. § 150-13. § 150-14. § 150-15. § 150-16. § 150-17. § 150-18. § 150-19. ARTICLE I General Provisions Short rifle. Purpose. Scope. Interpretation. Definitions. ARTICLE 1I CLassification of Districts Classes of diat~ict.~ Zonin~ map. District boundaries. Boundary tolerance. ARTICLE Rez/dence D~trlcts R-1 Single-Family Residence District. R-2 Single-Family Residence District. R-3 Residence District. R-4 Residence District. R-5 Residence District. R-6 Condominklm District. R-7 Residence District. ARTICLE IV Commercial Districts C-1 Commercial-1 District. C-2 Commercial-2 District. ARTICLE V Office/Light Industrial District § 1~0-20. Office/Light Indu.m-iul District regularions. ARTICLE VI Light Manufacturing District § 150-21. Light Manufacturing D/strict regulations. ' ARTICLE VII Heavy Manufacturing District § 150-22. Heavy Manufacturing District regulations. ARTICLE VIII InStitutional District § 150-23. Institutional District regularions. ARTICLE IX Agricultural Open Space § 156-24. Agrienlmral/Open Space District regulations. § 150-25. Noncouformin~ buildings or 11Se. § 150-26. Nonconforming lots. § 150-27. Reduction ofloL § 1~0-25. Conversion of dwellln~ to multiple, fnmily use. 15001 § 150-1 § lS0-29. Certmln public utility bo~ldlngs exempted. § 150-30. Yard provisions for private garage or accessory structure. § 150-31. Vision obstruction. § 150-32. Prohibited uses. § 1~0-46. § 150-33. Off-street parking space. § 150-47. § 15034. Loading and unloading space. § 150-48. § 150-35. Temporary use permit. § 150-49. § 150-36. Front yard exception. § 150-50. § 150-37. Garden-type multiple dwellings. § 150-38. Determination ofnses not § 150-51. provided for. § 150-52. § 150-53. SHIPPENSBURG CODE § 150-44. Issuance of permits. § 150-45. Fees. Zoning Hearing Board § 150-1 Appointment. Powers and duties. Adoption of rules. Meetings; minutes. Appeals to the Zoning Hearing Board. Public hearings. Appeal to court. Review of proposed exception Signs § 150-54. § 150-39. Conformance required. § 15055. § 150-40. Use and looafion regulations. § 15041. General sign regulations. ARTICLE XII Administration § 150-42. Enforcement. § 150-43. Permit required. Conditional uses. Expiration of variance, special exception and conditional use. ARTICLE XIV Amendment, Remedies and Penalties § 15056. Amendments; public hearing. § 150-57. Prevention ofuulawful construction. § 150-58. Violations and penalties. [HISTORY: Adopted by the Borough Council of the .Borough of Shippensburg 12-26-1995 by Ord. No. 669. Amendments noted where applicable.] Slm~e Tr~ C~ -- ~e· Cl~ ~' AR'rKCI.]~ I General Provisions § 150-1. Short title. This chapter shall be known and may be cited as the "Zoning Ordinance of be Borough of Sl~ppensburg, 19947 15002 § 150-2 ZONI3VG § 150-2 § 150-2. Purpose. A. The community development objectives which provide the basis for the zoning pol/cy reflected in this chapter, in conjunction with the development of the Comprehensive Plan of the Borough of Shippensburg, are the following: (I) In general, to preserve the present attractive character of Shippensburg, encourage the most appropriate use of land and buildings in accordance with the sound comprehensive planning of land use and population and facilitate the provision of public and private development in harmony with the purposes and objectives of this chapter and any portion of the Comprehensive Plan for the borough which subsequently may be adopted; and, more specifically, (2) To provide for a desirable balance among the borough's residential, commercial and industrial use patterns. (3) To encourage a desired separation and relationsMp among the major classes of land use, provide sufficient area for each suitable use in a proper place, avoid the detrimental effect of undesirable mixtures of uses and maximize the landowaer's ability to use his land without adversely affecting th~ surrounding area. (4) To establish sound density and other standards for residential development and ' provide for a wide va. riety of housing types. (5) To provide for compact, orderly and attractive commercial and industrial growth, designate well-suited and adequate locations for these/mportant uses and encourage commercial and industrial growth to locate in the districts provided. (6) To maintain the natural amenities of the borough and encourage development in a manner which least disrupts their continuance. (7) To protect major streets insofar as practicable as traffic carriers, mln~mi~e n~bbon or strip commercial development and provide for adequate off-street parking and loading. (8) To encourage sound provisions for, and the harmonious and economical development of, public utilities and other vital community services with the borough and facilitate the logical extension of public services to areas adjacent to the borough. (9) To bring about over a period of t/me the gradual cOnformity of existing land use to the desired pasta of development. B. This chapter is enacted for the following purposes: (1) To promote the health, safety and welfare of the residents of the Borough of Shippensburg. (2) To promote the orderly growth and development of the vacant area of the borough and to foster the proper use of existing sa'uctures and homes in the borough. (3) To lessen congestion in the borough. (4) To provide for adequate services such as transportat/on, sewer, water, schools, parks and other open spaces. 15003 4 150-2 SHIPPENSBURG CODE 4 150-5 (5) To preserve the character of the borough and its historic and architectural values as the oldest community west of the Susquehanna River, with the exception of York. (6) To retain property values and to encourage the most efficient and appropriate land use. 4 150-3. Scope. From and after the effective date of this chapter, the use of all land and every building or portion of a building erected, altered with respect to height and area, added to or relocated, and .every use within a building or use accessory thereto, in the Borough of Shippensburg shall be in conformity with the provisions of this chapter. Any existing building or structure and any existing use of a building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended or changed, subject to the special regulations herein provided with respect to nonconforming buildings or uses in 44 150-25 and 150-26. 4 150-4. Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of ~ chapter impose greater restrictions than those of any statute, other chapter or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other chapter or regulation impose gxeate~ restriction than this chapter, the provisions of such statute, other chapter or regulauon shall be controlling 4 150-5. Definitions. A. Word usage. (1) words used in the singular include the plural, and words used in the pith'al include the' singular. (2) The word "buildings" includes "smictures" and shall be construed as if followed by the words "or pan thereof." (3) The word "lot" includes the words "plot," "parcel;; and "tract." (4) The word "person" indicates a corporation, an tmincorporated association, a partnership or any other legal entity, as well as an individual. (5) The word "sneer" includes "highway," "road," "a~,enue," "alley" and "lane." (6) The word "watercourse" includes "drain," "ditch," "stremn" and "swale." (7) The word "may" is permissive; the words "shall" and "will" are mandatory. (8) Words in the present tense may imply the futu~ tense. B. Unless otherwise expressly stared, the following terms shall for the purpose of this chapter, have the meaning indicated below: 15OO4 § 150-5 ZONING § 150-5 ACCESSORY BUll'.DING OR USE -- A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. ADMINISTRATIVE O~tqCER -- See '~oning Officer." AGRICULTURAL LAND- Land used exclusively for the cultivation of the soil, the production of crops or livestock or the science of forestry; also land diverted from agricultural use by an active federal farm program, provided that the diverted land has a conservation cover of grass, legumes, trees or wildlife shrubs. "Agricultural land" may include, to a minor degree, farmsteads inhabited by the cultivator of the land, housing for farm employees and land used for preparation of agricultural products by the cultivator of the land. APARTMENT- A room or suite of rooms in a multiple-family sm~cmre which is arranged, designed, used or intended to be used as a housekeeping unit for a single family. APPLICANT-- A landowner, as hereinafter defined, including heirs, successors and assigns, who has filed an application for a zoning variance. BED-AND-BREAKFAST -- A private home where rooms are rented to the general public on a daily basis and breakfast is provided as a part of the price of the room. BII.I JIOARD -- Any structure or portion thereof upon which are signs or advertisements used on an outdoor display. This definition does not include any bulletin boards used to display official cour~ or public office notices or signs advertising the sale or lease of the premises on which the sign is located. BLOCK-- A tract of land which is entirely bounded by streets, public parks, cemeteries, railroads and/or watercourses. BOARD -- See "Zoning He~Sng Board." BOARDINGHOUSE-- A building other than a hotel or restaurant wbere meals are provided for compensation for four or more persons, but not exceeding 12 persons. BOROUGH-- The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania. BOROUGH COUNCIL -- The governing body of the Borough of Shippensburg. BUILDING-- Any enclosed or open su'ucture, other than a boundary wall or fence, occupying mom than four square feet of area and/or having a roof supported by colnmns, piers or walls. (1) BUll .DING, ACCESSORY -- A detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, which is located on the same lot as that occupied by the principal building. Farm buildings not intended for habitation are considered to be "accessory buildings." (2) BUTt .DING, PRINCIPAL- A building which is enclosed wimi,~ exterior walls or fire walls and is built, erected and frarn~ of component sU'uctural parts. The "principal building" is also designed for housing, shelter, enclosure and support of individuals, animals or property of any kind and is a main structure on a given lot. 15OO5 § 150-5 si_moPENSBURG CODE § 150-5 BUR.DING AREA -- The space remalning after the minimum open space requirements of this chapter have been complied with. BUILDING HEIGHT ~ The vertical distances measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a fiat roof; to the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that, where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building. BUrr .DING LINE -- The same as a front yard setback line. BUll, DING SETBACK LINE -- A line within a lot, designated on a plall as the minimum required distance between any structure and the fight-of-way line as specified by any applicable zoning chapter. CARTWAY ~ The surface of a street, drive or alley available for vehicular traffic. ~ERSON~ The presiding officer of the Borough of Shippensburg Zoning Hearing Board. m e "PennS lvania Municipalities planning Code." CODE Se Y COMMON OPEN SPACE-- A parcel or parcels of land or an area of water, or a combination of land and water, w~thin a development site and designed and intended for the use and enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities. COIvlMI~I'LY RESIDENTIAL PROGRAM-- An establishment, sometimes referred to as a community living arrangement or a group home, licensed by the Commonwealth of Pennsylvania, that provides a home for not more than eight handicapped individuals, excluding staff who do not reside on the property, who live and cook together as a single housekeeping unit. This definition shall not include a facility housing persons ~leased from or undor the jurisdiction of a govetmpen, t bureau of correctiOnS ot similar institution. "Handicapped" means, with respect to a person: (1). A physical or mental impairment which substantially limits one or more of such person's major life activities; (2) A record of having such an ix~airment; or (3) Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a contx'olled substance [as defined in Section 102 of the Cont~olled Substance Act (21 U.S.C. § 802)]. COMMLR,I1TY WATER SUPPLY- A utility operated by a municipality or other legal entity which supplies potable, domestic water for use by more than one household, business or institution. COMPREHENSIhrE PLAN- The official public document propped in accordance with the Pennsylvania Municipalities p!~nnlng Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently amended, consisting of maps, chaxts 15006 § 150-5 ZONING § 150-5 and textual material, that constitutes a policy guide to decisions about the physical and social development of the borough) CONDITIONAL USE -- Permissive use of land or structures in a nonconforming manner upon compliance with conditions established by the Borough Council of the Borough of Shippensburg. CONDITIONAL USES: (1) The following uses of land or structures, or both, may be permitted in any R-3, R4, R-5, R-6, R-7, Commercial-I, Commercial-2, Office/Light Industrial, Light Manufacturing and Heavy Manufacturing District, subject to the provisions of §§ 150-53 and 150-54: (a) Churches and accessory buildings used for religious teaching. (b) Hospitals or sanitariums. (c) Institutions for the care of the incapacitated. (d) Municipal or privately owned recreation buildings or community centers. (e) Nursery schools, day nurseries and ch/Id care centers. (f) Public parldng area. (g) Public administration building, auditorium, gymnasium or any other publicly owned structure. (h) Public library. (i) Public or private park or playground. (,j) Public utility facilities, i.e., filtration plant or pumping station, heat or power plant, transformer station and other similar facilities. 0c) Railroad fight-of-way. (1) Public or private sehools. (m) Telephone exchange. (2) The following u~es of land or s~'uctures, Or both, may be permitted in any R-6, R-7, Commercial, Office/Light Industrial, Light Manufacturing and Manufacturing District, subject to the provision~ of§§ 150-53 and 150-54: (a) Bus terminal, ralkoad passenger station or any othor transportation terminal facilities. (b) Cable television control station or plant. (c) Cemeteries, orematories or mausoleums. (d) Golf courses, public or private. I Editor's No~:: ~ ~3 p.~. § 1~301 ~ s~q. 1500~ § 150-5 § 1504 SHIPPENSBURG CODE (e) police stations, fire stations or place for storage of municipal equipment. (f) Public parking area. (g) Public or private park. (h) Radio and television antenna towers, commercial. (3) No conditional use shall be permitted in any location where it will be inconsistent with the existing adjacent and nearby uses· CONDONfiNNJM-- A multiple-uult l~nd development in which there is a system of separate ownership of individual units of occupancy and undivided interest of land and common facilities. CoNVE~CE STORE- A small store offering a limited selection of food and household products and staying open for longer hours than a conventi°hal store, at a convenient location. COOPERATIVE HOUSING -- A multiple-unit land development owned by a legal entity, the shares of which are divided among several persons, each of whom has the right to lease a portion of the space by virtue of his or her ownership int~est. COUNTY -- The County of Cumberland orthe COunty of Franklin, pe~msylvania. DEDICATION -- The deliberate appropriation of laud by its Owner for general public use. D~:.~D -- A written instrument whereby an estate in real property is conveyed. DEED RESTRICI~Obl ~ A resection upon the use of propex~ placed in a deed. DEN$1TY -- The number of dwelling units or units of occupancy per acre, exclusive of street rights-of-way. DETENTION BASIN -- A reservoir which temporarily contains stormwater runoff and gradually releases it into a watercourse or stormwater facility. DISTRICT ~ A section or sections of the incorporated area of the city for which the regulations and provisions governing the use of buildings and land are .niform for each class of use pemaitted therein. DRAIIqAGE EAS~ The laud required for the ina~llation of storm sewer or drainage facilities, or required along a natural stream or watercou~e for preserving the channel and providing for the flow of water therein, or to safegu~d the public against flood damage. DRIVEWAY- A private drive providing access between a public or private street or access drive and the parking area for a single residential uzfit of occupancy. (See also · · ' two residential an.its of occupancy "su~et.") A shared driveway is a private drive servxcmg Subdivision Ordinance. and designed to the standards of the Land Development and DUIVIPSTER ~ A container, generally two or more cubic yards in capacity, for the disposing of refuse, whether residential, commercial or indnstrial. C 15O08 § 150-5 ZONING § 150-5 DWELLING -- A building or portion thereof, which may be of modular construction, but not an automobile house trailer, designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, but not including hotels, boardinghouses and lodging houses. DWELLING, ONE-FAMILY- A building designed exclusively for occupancy by one family. DW'OTJ.ING, TWO-FAMILY- A building designed exclusively for occupancy by two families living independently of each other. DWELLING, MULTIPLE-- A building or portion thereof designed for occupancy by three or mom families living independently of each other. DW'OT.I.ING, ROW -- A row of three to six attached one-family dwellings, not mom than 2~ stories in height. Dv~r~I I.ING UNIT- One or mom rooms in a dwelling or apartment hotel designed primarily for occupancy by one family for living or sleeping purposes. EASEMENT -- A right-of-way granted for limited use 0i' property by the landowner for a public or quasi-public purpose and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee. I~I.I~VATION -- The horizontal alignment of a surface, as its exists or as it is made by cut and/or fill (1) FLOOR F.I.~VATION -- The elevation of the lowest level of a particular building, including the basement. (2) ROAD GRADE -- The rate of rise and fall of a road's surface, measured along the profile of the center line of the cartway. ENGINI~.R -- A professional engineer registered by the Commonwealth of Pennsylvanla. FAMILY-- Any number of individnal~ living and cooking together as a single housekeeping unit, including not more than three unrelated individuals. The term "unrelated individual" shall include any individual who is unrelated by blood, marriage or legal adoption to any other individual in the unit, but it excludes domes~c employees and minor foster children. The term "family" shall include a comm~mity residential program for not more than three unrelated individuals but shall not include a student home. "Family" shall include two or mor~ porsons with a handicap as deflne~l ill the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 and following, living as a single housekeeping unit. FLOOD -- A temporary inundation by water of normally dry land mas. FLOOD FRINGE- The poffion of the floodplain outside the floodway, as defined by the Federal ~ncy Management Act. FLOODWAY-- The designated area of a floodplain required to car~ and discharge floodwaters of a given magxlitude. 15O09 § 150-5 SIKIPPENSBURG CODE § 150-5 FLOODPLA.Eq-- A relatively flat or low land area adjoining a river stream or watercourse which is subject to partial or complete inundation; or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source. For the purposes of this chapter, the floodway shali be capable of accommodating a flood of the one-hundred-year magnitude. FLOODPLAIN DISTRICT- The ama designated by the Zoning Ordinance of the Borough of Shippensburg as being inundated by a one-hundred-year flood, including the Floodway (FW), the Flood Fringe (FF) and Flood Plain (FA). FRONTAGE- Ail propeCcy on one side of a street between two intersecting streets or natural barriers. GARAGE SALE- Any sale conducted in any residential district, including R-l, R-2, R-3, g4, R-5, R-6 and R-7, where tangible personal property is offered for sale in or out of any building or structure; also commonly referred to as "yard sales." FIISTORIC FEATURE: (1) Any building, site, structure, object, district or area that: ! (a) Is listed on the National Register of Historic Places; Co) Has received a determination of eligibility for the National Register from the National Park Service; (c) Which is located within the historic district of the Borough of Shipponsburg, as designated by the Pennsylvania Historic and Museum Commission; or (d) Which is listed on any officially adopted municipal register or inventory of historic features. (2) This term shall include the site, principal smmtures, accessory structures, yards, vegetation, fences, road alignments and signage associated with such features. HOME OCCUPATION-- AnY use customarily conducted entirely w?hln the dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of. the dwelling for dwelling purposes and does not change the character thereof; and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family/Clinics, doctors' offices, hospitals, barber shops, beauty parlors, dress shops, millln~ry shops, real estate offices, tearooms, tourist homes, animal hospitals and kennels, among othen, shall not be deemed to be "home occupations." HO3.'~ -- A building designed for occupancy as the more or less temporary abiding place of indi~id,_,al~ who are lodged with or without meals, in which there are six or more guest rooms and in which no provisions are made for cooking in any individual room or suite. Unless the context indicates otherwise, "hotel" includes a motel or motor hotel. IMPROVEMF24TS -- Physical changes to the land, including but not limited to grading, paving, curbs, gutters, storm sewers and drains, ~mp~ovements to existing watercourses, sidew,Ik~, street signs, mon,,meats, water supply facilities, sewage collection facilities and 15010 § 150-5 ZONING § 150-5 LANDOWNER- The legal, beneficial or equitable owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or conmtct is subject to any condition), a lessee if he is authorized under the lease to ex~rcise the rights of the landowner or other person having a proprietary interest in land. LODGING HOUSE -- A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement but not open to the public or transients. LOT- A tract, plot or parcel of land occupied or suitable for occupancy by one main building or use, with accessory buildings, including the open spaces required by this chapter, and having its principal frontage upon a public street or highway. LOT AREA- The area contained within the property lines of the individual parcel of land, excluding space within the street right-of-way· The "lot area" includes the area of any utility easement or stormwater management facility but does not include the flag'pole of a flag, lot, unless otherwise specified in the municipal Zoning Ordinance. LOT, CORNER -- A lot which is situated at the intersection of two or more streets and shall be considered as having two front and two side yard~. LOT DEP'rH- The average horizontal distance between the front and mar lot lines measured in the mean direction on the side lot lines. LOT FRONTAGE- That boundary of a lot along the public street and, for a comer lot, the shorter lot boundary along a street. LOT INTERIOR -- A lot other than a comer lot. LOT LINE MARKER- A metal plate or pin or railroad spike or conor~te monument used to identify the lot line intersections or comers. LOT WIDTH -- ~ average distance between the side lot lines of a lot, measured parallel to the right-of-way. MANAGER -- The Borough Manager of the Borough of Shippeusburg. ~:~)IATION 7-- A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their difference, culminating in a written agreement which the paxties themselves create and consider acceptable. MOBII.~ HOME-- A transportable single~family dwelling intended for permanent occupancy, contained in one un/t or in two or more units intended to be joined into one integral unit and capable of again being separated for repeated wamp/x~g, which dwelling an'ives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation. The term "manufactured home" may be used synonymously. MUNICIPAL GOVERNING BODY- The Borough Council of the Borough of Shippeusburg, Cumberland and Franklin Counties, Commonwealth of Pamsylvania. MUNICIPALITY -- The Borough of Shippeusburg. 15011 § 150-5 SHIPPENSBURO CODE § 150-5 NONCONFORMI1NG USE -- Any building, s~ucture or land which is lawfully occupied by a conforming use, a legally approved nonconforming use or which is lawfuliy situated at the time of the passage of this chapter or amendments thereto which does not conform after the passage of this chapter or amendments thereto with the regulations of this chapter. OFFICE CONDOMINIUM- An office building in which units are owned separately; also, an office unit in such a building. OP~iCIAL MAP -- An ordinance adopted and amended from time to time pursuant to the Pennsylvania Municipalities Planning Code by the Council of the Borough of Shippeusburg containing a drawing or drawings that show the precise location of future road rights-of-way or lands to be publicly acquired either through purchase or dedication, and which is used to facilitate the proper placement of structures in relation to future property lines. ONE.HUlXrDRED-YEAR FLOOD- A flood that, on the average, is likely to occur one time in a one-hnndred-year period. OWNI~m An individual, firm, association, syndicate, partnership, corporation or any other legal entity having sufficient proprietary interest in the lanai sought to be subdivided and developed to commence and maintain proceedings to subdivide the same under this chapter. PARCEL ~ See "lot." PARKING SPACE ~ An area, enclosed in the main building, in an accessory bui!cl~$ or unenclosed, sufficient in size to store one standard automobile, which I~s adequate access to public street or alley and permitting satisfactory ingress and egress of an automobile. PEDESTRIANWAY- A right-of-way, publicly or privately owned, intended for human movement by walking. pEHNSYLVANIA lvl]JIqICIPALITIES pLANNING CODE -- The statute anthotlzlng and empowering the municipality to adopt and enforce a Zoning Ordinance to regulate the use and development Of lands within the corporate limits and to establish a Zoning Heating Board; Act of December 21, 1988, P.L. 1329, No. 17, 53 P.S. § 10101 et seq. PLAN ~ A drawing, together with supplementary data, that describes property. · · · for the storage of motor vehicles PRIVATE GARAGE -- An accessory building intended or tenant of the which may include one commercial vehicle owned and used by the owner premises and for the storage of not more than two private noncommercia~ vehicles owned and used by persons other than the owner or tenet of the premises. pUBLIC OAR. AGE- A building, not a private garage, used primarily for the storage and/or repair of motor vehicles of any type or ownership. pUBLIC GROUNDS -- Includes: (1) Parks, playgrounds, trails, paths, other recreational areas alld other public areas. (2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities. 15012 § 150-5 ZONING § 150-5 (3) Publicly owned or operated scenic or historical sites. PUBLIC HEARING-- A formal meeting held pursuant to public notice, intended to inform and obtain public comment, prior to taking action in contested cases or prior to amending this chapter. PUBLIC MF?F. TING- A forum held pursuant to notice under the Sunshine Act, Act of July 3, 1986 0P.L. 388, No. 84).2 RENEWABLE ENERGY SOURCE -- Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including but not limited to biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy, and excluding those sources of energy used in the fission and fusion processes. REVERSE FRONTAGE LOT -- A lot with front and rear street frontage, where vehicular access is prohibited to and from the higher intensity street. RIGHT-OF-WAY -- The total width of any land reserved or dedicated as a street, alley or pedestrianway or for other public or private use. RUNOFF -- The surface water discharge of a given watershed after a rain or snow that does not enter the soil but runs off the surface of the land. SEDINIENTATION -- The process by which soil or other surface material is accumulated or deposited by wind, water or gravity. SERVICE STREET -- See "street" and "alley" (''service street"). SETBACK LINE -- See '%uilding setback line." SIGHT DISTANCE -- The length of mad visible to the driver of a vehicle at any g/yen point in the road when viewing is unobstructed by Uaffic. SIGNS, OUTDOOR ADVERTISING- Any card, cloth, paper, metal, painted, glass, wooden, plaster, stone or other sign of any kind or character whatsoever, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term "placed," as used in the definition of "outdoor advertising sign" and "outdoor advertising structure,' shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or other fastening, affixing or making visible in any manner whatsoever. SPECIAL EXCEPTION- Permission or approval gnmted by the Zoning Hearing Board in accordance with § 150-47. STAFF -- The staff of the Borough of Shippensburg. STORAGE GARAGE- A building, not a private or public garage, used solely for the storage of motor vehicles but not for sale, service or repair of motor vehicles. 2 E(Ht.~"$ Note: See ~ p.S. § Z7'I et seq. 15013 § 150-5 SHIPPENSBURG CODE § 150-5 STORM~VATER NiANAGElvlENT FACILHII~S- Those controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration systems, swales, watercourses and floodplains) used to implement a stormwater management program. STORY -- That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional "story" for each 14 feet or fraction thereof. STREET -- A strip of land, including the entire right-of-way, publicly or tydvately owned, serving primarily as means of vehicular and pedestrian travel and furnishing access to abutting properties, which may also be used to provide space for sewers, public utilities, shade ~rees and sidewalks. STI?YF-T LINE -- The right-of-way line of any given street. STI~F~T, pRIVATE- A street not accepted for dedication by the municipality. STRUCTURAL ALTERATION- Any change in or addition to the supporting members of a building or structure, such as bearing wall partitions, columns, beams or girders. STRUCTURE- AnY man-made object having an asce~a~uable stationary location On land or water, whether or not af'ixed to the land. STUDENT- An individual enrolled in and attending an institution of higher learning beyond the 12th grade or a technical or trade school or who is on a semester or s,~mmer break from studies at such institution. STUDENT HOME- A dwelling unit for three students, unrelated by blood, marriage or legal adoption, attending or about to attend a college or university or who are on a semester or s,mmer break from studies at a cortege or university, or any combination of such persons. "Student homes" shall not include fraternities, sororities or community residential programs. SURFACE DRAINAGE PLAN-- A plan showing all present and proposed grades and facilities for stormwater drains. SURVEYOR- An individual registered with the Commonwealth of pennsylvania as authorized to measure the boundaries of u-acts of land, establish locauons requirements of a survey. SWALE -- A wide shallow ditch which gathers and canies surface water. TRACT -- See "lot." UNITS OF OCCUPANCY -- An allocatiun of space within a building or structure that is independent of other such space and that constitutes a separate use. This shall inehide both fee siraple ownership and leaseholds. VARIANCE-- Permission or approval granted by the Zoning Hearing Board in accora~nce with § 150-53 hereof, constituting a modification of or deviation from the exact provisions of this chapter as applied to a specific piece of property. C~ 15014 § 150-5 ZONING § 150-6 WATERCOURSE -- A permanent topographic feature, whether natural or man-made, that serves to gather and carry flowing surface water, such as a permanent or intermittent stream~ a river, creek, brook, run or swale, and which is measured by the width of the channel during normal high water. WATERSHED -- Ail land and water within the confines of a drainage basin. YARD-- An open space on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. YARD, FRONT -- A yard extending across the full width of the lot and lying between the right-of-way line of tbe lot and the nearest line of the building. YARD, REAR -- A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. YARD, SIDE -- That pan of the yard lying between the main building and a side lot line and extending from the required front yard (or from the front lot line if there is no required front yard) to the required rear yard. ZONING HEARING BOARD-- The body created by the Borough Council for the purpose of hearing and adjudicating zoning matt~m, as provided in the pennsylvania Municipalities planning Code, Act of December 21, 1988, P.L. 1329, No. 17, 53 P.S. §§ 10909.1 a~d 10912.1. ZONIIqG Ol.,lqC!l~R- The individual appointed by the Borough Council to administer the Zoning Ordinance. ARTICLE II Classification of Districts § 150-6. Claa*.es ofdiatricts. For the purpose of this chapter, the Borough of Shippensburg shall be divided into the following classes of districts, which shall be designated as follows: R-1 R-2 R-3 R4 R-5 R-6 R-7 C-1 C-2 M-1 M-2 O-1 I A JO Single-Family Residence Single-Family Residence Multiple-Family Residence (maximum 6) Multiple-F~rnily Residence (maxlrn~lm 6) ' Multiple Family Residence (maximum 22) Colldorni-n hull Group/Institutional Comm~mial-1 Gornnrnercial-2 Light Manufacturing Heavy Manufacturing Offic~Light Industrial Institut/onal Ag~,cultm~Open Space 15015 § 150-7 SHIPPENSBURG CODE § 150-10 § 150-7. Zoning map. The boundaries of districts shall be as shown on the map attached hereto and made a part of this chapter, which map shall be known as the "Zoning Map of the Borough of Shippeasburg." The map and all notations, references and data shown thereon are hereby incorporated by reference into this chapter.3 § 150-8. District boundaries. The boundaxies between districts are, unless otherwise indicated, either the center lines of s~xeets or railroad rights-of-way or such lines extended or approximately parallel or perpendicular thereto. Where figures are shown on the Zoning Map between a street and a district bounda~ line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated. In instances where a district boundary line is a property line, the distances shown will be those measured from the property line to the nearest identifiable landmark, such as street, railroad, ere., at each end of the property line. In these cases the boundary line is coincidental with the property line existing at the time this chapter is adopted. § 150-9. Boundary tolerance. Where a district boundary line divides a lot which was held in single and separate ownership at the time the boundary line was established, the use regulations applicable to the less restricted district shall extend over the portion of the lot in the more restricted district, a distance of not more than 50 feet beyond the district boundary line. ARTICLE III Residence Districts § 150-10. R-1 Single']Family Residence District. hi R-1 Single-Family Residence Districts, the following regulations shall apply: A. Use regulations. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other. (1) Single-family detached dwelling. (2) Tilling of the soil, provided that such use shall be conducted by the owner and shall not be such as may be considered COmmercial. (3) A public or private park or recreational area, as provided for in the Borough of Shippensburg Subdivision and Land Development Ordinance, Ordinance No. 94-626. (4) The following uses, when authorized by the Zoning Hearing Board, as a special exception, subject to the requirements of § 150-53 hereof: professional off/ce or studio and/or rooms for customary home occupations, such as attorneys, 15016 § 150-10 ZONING § 150-11 psychologists or other members of the healing arts, provided that such office or use shall be in the dwelling in which the practitioner resides, and no goods shall be publicly displayed on the promises. Further provided that there shall be not less than two off-street parking spaces for each such use. (5) Accessory uses on the same lot with and customarily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include a business but shall include the following: private garage, but shall be used only for storage and maintenance of vehicles owned by the primary owner of the lot and shall not include any garage used as a commercial garage. B. Area regulations. Co 'D. (I) Lot area and width. A lot area of not less than 14,500 square feet, shall be provided for every building hereafter erected or used in whole or in part as a single-family dwelling. Each lot shall have a minimum width at the building setback line of not less than 100 feet. (2) Building area. Not mom than 30% of the lot area may be covered by buildings, and an accessory use shall not represent more than 25% of the total building coverage of the lot. Yards. Front, side and rear yards shall be provided on each lot as follows: (I) Front yard. One yard, not less than 35 feet in depth m~asured from the fight-of-way line, shall be provided, subject to the provisions of § 150-36 hereof. (2) Side yards. Two yards, neither less than 15 feet in width measured from the prepen'y line. (3) Rear yard. One yard, not less than 30 feet in depth. (4) Comer lots. A comer lot shall be considered as having two front and two side yards. I-I~ight r~gulations. No building ,qhall exceed 35 feet in height, provided that such height limits may be excelled by one foot for each one foot by which the width of the side yard is increased beyond the minirnulll side yard requirements, to a maximum height of 40 feet, as measured from the g~le of the lot to the highest point on the structure. A chimney shall not be considered a part of the structure for this pta-pose. No accessory use shall have a height greater than 75% of the height of the primary use. § 150-11. R-2 Single-F~mily Residence District. ha R-2 Single-Family Residence Districts, the following regulations shall apply: A. Use regulations. A building may be erected or used and a lot may be occupied for any of the following purposes, and no others: (1) Any use l~mnitted in an R-1 Single-Family Residence District. (2) The following uses, when authorized by the Zoning Hearing Board, as a special exception, subject to the requirements of § 150-53 hereof: professional office or studio and/or rooma for customary home occupations, such as attorneys, 15017 § 150-11 SHIPPENSBURG CODE § 150-12 psychologists or other members of the healing arts, provided that such office or use shall be in the dwelling in which the practitioner resides, and no goods shall be publicly displayed on the premises. Further provided that there shall be not less than two off-street parking spaces for each such use. (3) Accessory uses on the same lot with and customm'ily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include a business but shall include the following: private garage, but shall be used only for storage and maintenance of vehicles owned by the primary owner of the lot and shall not include any garage used as a commercial garage. Area regulations. (1) Lot area and width. A lot area of not less than 10,500 square feet shall be provided for every building hereafter erected or used in whole or in part as a single-family dwelling. Each lot shall have a minimum width at the building setback line of not less than 70 feet; provided, however, that where lots are laid out at the effective date of this chapter which are less than 70 feet in width, the lot width may be reduced to not less than 60 feet. (2) Building area. Not more than 40% of the lot area may be covered by buildings, and an accessory use shall not represent more thau 25% of the total building coverage of the lot. Yards. Front, side and rear yards shall be provided on each lot as follows: (1) Front yard. One yard, not less than 30 feet in depth, measured at the fight-of-way line, shall be provided, subject to the ~ovisions of § 150-36 hereof. (2) Side yards. Two yards, neither less than 10 feet in width measured from the property (3) Rear yard. One yard, not less than 25 feet in deptl~ (4) Comer lots. A comer lot shall be considered as having two front and two side yards. Height regulations. No building shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each one foot by which the width of the side yard is increased beyond the mb~imum side yard reqtnrements, to a m~umum height of 45 feet, as measured from the grade of the lot to the highest point on the structure. A chimney shall not be considered a part of the structure for this purpose. No accessory use shall have a height greater than 75% of the height of the prin~'y use. § 150-12. R-3 Residence District. In R-3 Residence Districts, the following regulations shall apply: A. Use regulations. A building maY be ~rected and a lot may be used for the following purposes and no oth~ (1) Any use permitted in the R-2 Single-F~mily Residence Distsict 15018 § 150-12 (2) ZONING § 150-13 Multiple dwellings of not more than six family units. For this purpose the following regulations shall be required: (a) Two- , three- or four-family dwellings, in accordance with the additional provisions of § 150-37 hereof. (b) Garden-type multipleffamily dwellings not to exceed six traits, subject to the General Regulations set forth in § 150-37 of Article X hereof. (3) Accessory uses on the same lot with and customarily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include a business but shall include the fonowing: private garage, but shall be used only for storage and maintenance of vehicles owned by the primary owner of the lot and shall not include any garage used as a commercial garage. B. Area regulations. (1) Lot area and width. A lot area of not less than 7,500 square feet per family unit shall be provided for every building hereafter erected. Each lot shall have a minimum width, measured at the building set back line, of not less than 75 feet. (2) Building area. No more than 50% of the area of each lot may be occupied by buildings. (3) Yards. Front, side and rear yards shall be provided on each lot as follows: (a) Front yard. One yard not less than 20 feet in depth, measured at the fight-of-way line, subject to the provisions of § 150-36. (b) Side yard. Two side yards totaling at least 20 feet, with neither yard less than six feet. (c) Rear yard. One yard not less than 20 feet. C. Height regulations. No building shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot by which the width of each side yard i~ increased beyond minimum side yard requirements, up to a maximum of 45 feet. A chimney shall not be considered a pan of the structure for this purpose. No accessory use shall have a height gxenter than 75% of the height of the ~ use. D. Off-street parking. There must be 1.5 parking spaces provided for each family unit. § 150-13. R4 Residence District. In R4 Residence Districts, the following regulations shall apply: A. Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes, and no other. (i) Any use permitted in the R-3 Multifamily Residence District. (2) Two-family detached dwellings. 15019 § 150-13 (3) (4) (5) (6) (7) SHII~PENSBURG CODE § 150-13 Single-family semidetached dwellings, provided that the adjoining semidetached dwelling with which it has a party wall in common is erected at the same time. Multiple dwellings for not more than six families. For this purpose the following regulations shall be required: (a) Two- , three- or four-family dwellings, in accordance with the additional provisions of § 150-37 hereof. CO) Garden-type multiple-family dwellings not to exceed six units, subject to the g~neral regulations set forth in § 150-37 of Article X hereof. Tourist home, boarding or rooming house, providing lodging with or without meals, and having lodging accommodations for no more than I0 guests. Established cemeteries in existence when this chapter is adopted shall he considered conforming uses in R4 Districts but no new use of land for this purpose shall be permitted. The following uses when authorized by the Zoning Hearing Board as a special exception, subject to the requirements of § 150-53: (a) Motor vehicle parking lot in conjunction with a business, in industrial or other public function, including churches, to be used by its patrons, provided that it complies with these special requirements: [1] No portions of such lot shall be located more than 300 feet from a commemial or manufacturing district boundary or other public function that it serves. [2] A planting strip not less than five feet in width shall be provided between the parking area and the pedestrian sidewalk adjacent to any public or private Street. [3] Exit and entrance points shall be approved in advance by the Zoning Heating Board to ensure adequate traffic safety. [4] No such parking lot shall be used for the dead storage of vehicles or for vehicles used for human or other habitation. Co) Small public service shops and garages, not including welding, such as plumbing, heating, carpentry, machine shop, tinner's 8hop, cabinet re,king, furniture repair, upholster3t, painting, sign painting or other similar slnall shop, provided that it complies with these special requirements: [1] The shop shall be located at the rear side of a lot with frontage onto a public alley, if such alley exists (e.g., Apple Avenue), with distances to the main buildings on the lot and to the adjolnlng property lines and setback distance from the alley conforming with the provisions in § 150-13C. [2] Employment in such shop shall not exceed two persons: the owner and one additional person. C~ 15020 § 150-13 ZONING § 150-13 [3] Equipment, supplies and machinery shall not be stored outdoors on the lot or on any ordained street in connection with the activities in such shops. [4] The equipment setup in such shops shall comply with the NBFU Safety Standards as applied in fire insurance and state fire inspections. (c) Condominium, subject to the regulations of the R-6 Condominium District. (d) Offices, data processing facilities and information system facilities, not to exceed 2,500 square feet. B. Area regulations. (1) Lot area and width. A lot area of not less than 5,000 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling, provided that the mlnimtllj1 lot area for a single-family dwelling shall be not less than 5,000 square feet. The mlnlmulI1 lot width at the building line shall be 50 feet for a single- or two-family detached dwelling, 30 feet for each half of a semidetached dwelling and 75 feet for a multiple dwelling. (2) Building area. Not more than 70% of the area o~ each lot may be occupied by buildings. C. Yards. Front, side and rear yards shall be provided on each lot as follows: (1) Front yard. One yard, not less than 20 feet in depth measured at the fight-of-way line, subject to the provisions of§ 150-36. (2) Side yard. (a) For every single- or two-family detached dwelling, two side yards totaling 20 feet, with neither less than six feet in width. (b) For every semidetached dwelling, one yard for each family unit, not less than 10 feet ia widtll. (c) For every main building other than a dwelling and for every multiple dwelling, two yards not less than 20 feet in aggregate width and neither less than six feet ia width. (3) Rear yard. One yard not less than 20 feet 'ia depth with accessory buildings and vision obstructions at alleys conforming with provisions of §§ 150-30 and 150-31. (4) Comer lots. A comer lot shall be considered to have two side yards and two front yards. (5) Accessory uses on the same lot with and customarily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include a business but shall include the following: private garage, but shall be used only for storage and maintenance of vehicles owned by the primary owner of the lot and shall not inchide any garage used as a commercial garage. Height regulations. No building shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each one foot by which the width of each side yard 15021 § 150-13 SHIPPENSBURG CODE § 150~14 is increased beyond minimum side yard requirements, up to a maximum height of 45 feet, as measured from the grade of the lot, to the highest point on the structure. A cblmney shall not be considered a part of the structure for this pm-pose. No accessory use shall have a height greater than 75% of the height of the primary use. C § 150-14. R-5 Residence District- In R-5 Residence Districts, the following regulations shall apply: A. Use regulations. A building may be erected and a lot may be used for the following purposes and no other: (1) Any use permitted in the R-3 Multiple-Family Residence District. (2) Multiple dwellings of not more than 22 family units. For this use the following regulations shall be required: (a) The total lot shall be not less than one acre and shall be suitable for the proposed (b) The lot area per family shall be not less than 2,500 square feet. (c) Not more than 50% of the lot area shall be occupied by structures. (d) No side yard shall be less than 25 feet in width. (e) No front yard shall be less than 35 feet in depth. (f) No building shall exceed 35 feet in height. (g) The Zoning Hearing Board shall prescribe such further conditions with respect to the proposed development as it deems appropriate. (3) Comer lots. A comer lot shall be considered to have two side yards and two front yards. (4) Student housing, subject to the following conditions: (a) No block shall consist of more than 50% of smactares which are student homes. Co) Each student home shall provide one parking space per resident plus one additional space per dwelling unit (c) No student home and parking area shall cover more than 50% of the area of the lot it occupies. (5) Accessory uses on the same lot with and customarily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include a business but shall include the following: private garage, but shall be used only for storage and m~intenance of vehicles owned by the prima~ owner of the lot and shall not include any garage used as a commercial garage. B. A.rea regulations- 15022 § 150-14 ZONING § 150-15 (1) Lot area and width. A lot area of not less than 2,500 square feet per family unit shall be provided for every building hereafter erected. Each lot shall have a minimum width of 30 feet, measured at the fight-of-way line. (2) Building area. No more than 70% of the area of each lot may be occupied by buildings. C. Yards. Front, side and rear yards shall be provided on each lot as follows: (1) Front yard. One yard not less than 20 feet in depth, measured at the building setback Line, subject to the provisions of § 150-36. (2) Side yard. Two side yards totaling at least 10 feet, with neither yard less than five feet. (3) Rear yard. One yard not less than 20 feet. Height regulations. No building shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each one foot by which the width of each side yard is increased beyond minimtlm side yard requirements, up to a maximum of 45 feet, as measured from the grade of the lot to the highest point on the structure. A chimney shall not be considered a part of the stmcmm for this purpose. No accessory use shall have a height greater than 75% of the height of the primary use. § 150-15, R-6 Condominium District. In R-6 Condominium Districts, the following regulations shall apply: A. Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes: (1) Any me permitted in the R-3 Multiple-Family Residence District, with such restrictions in lot area and yard size as are required for uses permitted in an R-3 zone. (2) Condomlnluna development. B. Area regulations. (1) Lot area and width. (a) Single-family dwellings. A lot ama of not less than 10,500 square feet per dwelling unit shall be provided for every dwelling unit constructed in accordance with R-2 Residence District regulations. (b) A lot area of not less than 2,500 square feet per dwelling unit shall be required for each condominium development. (2) Building area. Not more than 50% of the area of each lot may be occupied by buil~£mgs. (3) Yards. Front, side and rear yards shall be provided on each lot as follows: (a) Single-family dwellings: [1] Front yard. One yard, not less ~m 35 feet in depth, measured at the right- of-way line, shall be provided, subject to the provisions of §150-36 hereof. 15023 § 150.15 SHIPPENSBURG CODE § 150-16 [2] Side yards. Two yards, neither less than 10 feet in width measured from the property line. [3] Rear yard. One yard, not less than 25 feet in depth. (b) For every building in a condominium development: [1] Front yard. One yard not less than 35 feet in depth. [2] Side yard. For every building of a condominium development, two side yards of not less than 35 feet shall be provided. [3] Rear yard. One yard not less than 50 feet in depth shall be provided. C. Height regulations, condomlni,,m-~. No building shall exceed more than 75 feet in height. D. Parking, condominiums. One and five-tenths parking spaces per condominium unit shall be provided. E. Screening, condominiums. Screening shall be in accordance with the Subdivision and Land Development Ordinance? § 150-16. R-7 Residence District. In R-7 Residence Districts, the following regulations shall apply: A. Use regulations. A building may be erected and a lot may be used for the following purposes and no other:. (1) Any use permitted in the R-3 Multiple-Family Residence District, with such restrictions as cont~ned or incorporated in provisions pertaining thereto; including but not limited to area, height and off-street parking regulations. (2) Fraternity and so~o~ty houses for actively enrolled college or university students only, when authorized by the Zoning Hearing Board as a special exception, subject to the requirements and provisions of § 150-53 and subject fun her to the following special requirements, which shall be minimal standards: (a) Any new construction in connection with such use shall comply with all relevant requirements of the then current BOCA Basic Building Code. (b). Any conversion of any existing building to such use shall comply with all applicable requirements of the BOCA Basic/National Existing Structure Code, then in effect in the borough. (c) Any new or convinced building intended for such use shall not be so occupied prior to issuance of a certificate of occupancy by the p~nnsylvanla Department of Labor and Industry, signifying compliance with building safety and fixe codes, rules, regulations and/or standards. C~ 4 Edit~s Notr.. ~e Cb. I~, Sub'Mort~a L~I D~I°P'~* 15024 § 150-16 (d) ZONENG § 150-16 Off-street parking spaces in a number at least 1.5 times the number of residents contained in any new or converted building subjected to such use shall be provided either on premises or within sufficient proximity to the premises to constitute a clearly preferable alternative to on-street parking and in conjunction with parking of another fraternity or sorority house; the permissibility of joint parking facilities shall not be construed to authorize a reduction in the aggregate number of spaces required for both or all houses involved. All parking spaces shall, at a minimum~ conform to size and desig~a standards of the Pennsylvania Department of Transportation, if any, and shall, in any event, be adequate for the use contemplated herein. (e) With respect to any lot or tract of land subjucted to such use and bordering a commercial or non-frateruity/sorority residential lot or district, physical protection against um'easonably intrusive noise emanating from the building and use thereon shall be provided on each side facing such a lot or district, in the form of reasonably mature tree plantings, landscape grading features or similar ,effective tangible measures. (f) Open recreational space not less in ama than 100% of the space occupied by each building subjected to such use shall be provided either on premises or on adjoining premises and in conjunction with open recreational space of another fraternity or sorority house. The permissibility of joint open recreational space shall not be construed to authorize a reduction in the aggregate amount of space required for both or all buildings involved. (g) For purposes of consistency with respect to municipal services such as police protection in connection with such use, any sU'ucture on a lot or tract of land subjected to such use shall be entirely within the borough, and in no case shall more than 10% of said lot or ~act lie outside the borough. (h) Each lot or tract of land subjected to such use shall be serviced with an on-site comma~'cial dnrnpster, $cre;~led' for purposes of aesthetic appearance and (i) The location of any new building(s) intended to be subjected to such use and proposed in conn~tion with a subdivision/land development plan involving other potential residential uses shall, to the extent practical, be selected in a manner most amenable to and least detrimental to the developm,nt of said other U.S'S. (j) Yards. Front, side and rear yards shall be provided on each lot or tract of land subjected to such use as follows: [1] Front yard. One yard not less than 50 feet in depth (subject to the provisions of § 150-36). [2] Side yard. Two side yards, each being at least 50 feet wide. [3] Rear yard. One yard not less than~ 50 feet in depth. (k) No building subjected to such use shall exceed 35 feet in height, provided that such height limits may be exceeding by one foot by which the width of each side 15O25 § 150-16 SHIPPENSBURG CODE § 150-18 yard is increased beyond minimum side yard requirements, up to a maximum of 45 feet. (1) No building subjected to such use shall be designed to or shall house more than 30 students per/acre, but in no case more than 50 students in a building. (m) The minimum lot size per building for a fraternity or sorority shall be one acre. ARTICLE IV Commercial Districts § 150-17. Purpose. The commercial district is designed to provide for the needs of the Borough of Shippensburg central or downtown retail business area and to cluster and encourage their development in limited areas and to exclude certain incompatible uses to encourage COmmerCial development. In those commercial areas outside the downtown commercial district is planned to encourage appropriate development providing for more intense commercial use? including service-type establishments necessitating access to retail establishments or industry. § 150-18. C-1 Commercial-1 District. Use regulations for the C-1 District shall be as follows. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other, provided that each use shall comply with the area, height and special design requirements of Subsection I(5) below: A. Any use permitted in an R-5 Multiple-Family Residence District, with such restrictions in lot area and yard size as required for uses permitted in an R-5 zone. B. Retail sales and professional uses as follows: (I) Sale of any product from within a building, honsehold goods, antiques, automobiles, automotive parts and supplies, wearing apparel, hardware and groceries. (2) Banks, insurance/travel agencies, personal services such as barber and beauty shops and dry-cleaning and lauu&-y es~bli~hment, s. (3) Preparation and sale of food and/or drinks for consumption on the premises or elsewhere. (4) Professional offices, including medical doctors, lawyers, chiropractors, surveyors, psychologists, realtors and consultants. (5) Warehousing. (6) Any business of a similar type or nature. C. Student houses, subject to the special design criteria of § 150-14A(4), provided that no more than 70% of the structures on any block shall be student houses. C~ 15026 § 150-18 ZONING § 150-18 Eo Trailers or mobile homes sha/1 be permitted in the area bounded by Locust Street, Conrail, South Morris Street and Nehf Avenue. The following conditions shall apply: The mobile home or trailer shall be anchored to the land in such manner as to prevent its blowing over or being swept away by flood. The following uses, when authorized by the Zoning Hearing Board, as a special exception, subject to those standards specified in § 150-53: (I) An indoor place of amusement, recreation or assembly, including a theater, arcade or other such activity. (2) A cra~man's or general service shop, including plumbing, heating and machine finner's shop. (3) Motor vehicle sales and service, provided that all the facilities are located and all services performed within the confines of the lot. (4) Convenience store. Accessory use on the same lot and incidental to the above,permitted uses, including storage in conjunction with retail or permitted uses. Signs, when erected, shall be in conformity with the regulationS of Article XI, hereof. Area, height and special design regulations. Every building used exclusively as a dwelling shall comply with the area and height regulations prescribed for the R-5 Residence Dis~icts~ For buildings or swactures used in whOle or in part for commercial uses, the following shall apply: (1) Lot area. In the case of dwelling or use as an apartment in combination with a business, a lot area of not less than 3,000 square feet per dwelling unit shall be provided. (2) Building area. Not more than 70% of the area of each lot may be occupied by (3) Yards. Front, side and rear yards shall be provided on each lot as follows: (a) Front yard. One yard, not less tha~ I0 feet in depth, subject to the provisionS of § 150-36. Side yard. None requi~l when a building or structure is used exclusively for comme~ial purposes, provided that when a lot abuts a residential district or a street on the side lot, thcn a setback of I0 feet shall be provided. Where side yards are provided when not required, they shall be no less than five feet in width. (4) (c) Rear yard. A rear yard not less than 20 feet in depth shall be provided. Height regulations. No structme shall exceed 75 feet in height, measured from the grade of the lot, except a hotel or office building which may exceed such height when authorized as a special exception by the Zoning Hearing Board. 15027 § 150-18 sI-m~PENSBURG CODE § 150-19 (5) Special design criteria. In order to encourage sound retail and commercial development and to protect the existing retail and commercial uses in the borough, the following special requirements shall apply: (a) Permitted uses shall be conducted wholly within a building or structure. (b) Merchandise, equipment and articles shall not be stored outside a building or structure, except when in a secure, fenced area, .screened from neighboring properties by vegetation or other means. (c) No operation, equipment or use shall be objectionable or noxious, offensive or ha?ardons as defined in § 150-5, Definitions. (d) Where hazardous, flammable or toxic chemicals are required to be stored on or in a building or su'ucture, they shall be secured in accordance with Department of Environmental Resources and/or Environmental Protection Agency guidelines or the Fire Chief of the borough. (e) Off-street parking and loading areas shall be provided in accordance with the provisions of the Subdivision and Land I)~velopm~nt Chapter. § 150-19. C-2 Commercial-2 District. A. This disWict is intended to provide opportunities to property owners to develop commercial and professional uses in existing structures to meet the specific needs of nearby residents as well as the public at large. This district encompasses the older historic Ixxtions of the main street, where there is a historical and architectural mixture of owner-occupied, tenant-occupied and commercial uses. The purpose of this district is to preserve the character of the neighborhood, while providing options to property owners for mixed propert~ uses. B. In C-2 CornmelN. ial-2 Districts, the following regulations shall apply: (1) Use regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other, provided that each use shall comply with the area and special design r~quirements of Subsection B below: (a) Any u~ permitted in an K-¢ Single-Family l~esidsnce District, subject to the restrictious for lot area and pa~in$ as provided in Subsections B(2)(a) and B(S)(h)[3] below. Co) The following uses, when used in conjunction with the permitted uses and commercial in nature: personal service shops, including shoe repair, beauty and barber shops, art galleries and f~,~i.g shops, photography studios and art studios; professional offices, including legal offices, medical and psychologist offices and accounting offices; tiower and florist shops; music insmm~nt sales and musical trai,~iug studios and dance studios; restaurants; banks, savings and loans, credit unions and similar financial institutions, stock brokcn~ offices; insurance sales and agency offices; ~ estate sales offices; court.ling offices; dental offices and clinics; and s'mailar types of businesses. C~ 15028 § 150-19 ZONING § 150-20 (c) Signs, when erected, shall be in conformity with the regulations of Article (2) Area and special design regulations. Every building used exclusively as a dwelling unit shall comply with the following: (a) Lot area. A lot area of not less than 5,000 square feet per/dwelling unit shall be provided. (3) Yards. Front, side and rear yards shall be provided on each lot as follows: (a) Front yard. One yard, not less than 20 feat in depth, measured at the right-of-way tine, subject to the provisions of § 150-36. Co) Side yard. Two side yards totaling 20 feet, with neither less than six feet in width. (c) Rear yard. One yard not less than 20 feet in depth with accessory buildings and vision obstructions at alleys conforming with provisions of §8 150-30 and 150-31. (d) Comer lot~. A corner lot shall be considered to have two side yards and two front yards. (e) For a building structure used for commercial or other nonresidential permitted uses, the following shall apply: [1] Lot area. A lot area of not less than 5,000 squ~r¢ feet per dwelling unit and not less than 2,500 ~quare feet per business occupancy shall be provided. (f) Building area. Not more than 60% of the area of each lot m~y be occupied by ~mcUlres. (g) Height. No building shall exceed more th~n 75 feet in height. (h) Special design critcri~ The following special requirements shall apply: [1] P~mitted uses shall be co~t,i,~ed wholly, within a building or sUuctum. [2] Merchandise, equipment ~xl articles shall not be stored outside a structure. [3] Off-str~t parking ~ lo~ing, areas shall be provided in accordance with the provisions of the Subdivision and Land Development chapmr. (4) Accessory uses permit~t. Owners shall be permitted, ~s an accessory use, one apartment for not mor~ than two persons in a single-family, owner-occupied dwelling. ARTICLE V Office/Light Industri~ District § 150-20. Office/Light Industrial District In an Office/Light Industrial District the following regulations shall apply: A. Use regulations. A building may be erected or used and a lot may be used or occupied for the following purposes: 15029 § 150-20 SHIPPENSBURG CODE § 150-20 (1) Offices. (2) Warehousing, not to include truck terminals. (3) Data processing facilities and information systems facilities. (4) Eating facilities. Each office, warehouse or data processing facility shall be permitted to have a restaurant, coffee shop, cafeteria or location for food vending machines of sufficient size to serve the employees, tenants, visitors and guests expected at the site. (5) Signs. Signs shall be permitted to give the address of each office building and to give the name(s) and occupations of the tenants. Them shall be only one sign on each building, provided that a building fronting on more than one street may have a sign for each street. The size of each sign shall be governed by the regulations contained at Article XI, § 15040, hereof. (6) Accessory uses. Uses customarily incidental to offices, warehouses and data processing and information processing facilities shall be permitted, and accessory buildings, including storage space for vehicles and equipment, shall be permitted. B. Height regulations. No building shall be more than three stories in height, and no building shall be more than 75 feet in height. C. Lot area and lot width. A lot area of not less than two acres per use shall be required, to include accessory use, if any. No lot shall have a rolnlmum width of less than 200 feet, measured at the inside of the curb or the right-of-way. D. Building area. No more than 70% of the area of each lot may be occupied by buildings, including accessory uses, if any. E. Yards. The following yards shall be provided on each lot: (1) Front yard. On~ yard not less than 50 feet. {2) Side yards. Two yards not less than 30 feet in aggregate width a~d neither less than 15 feet, provided that in the case of a lot abutting two sweets, any yard that abuts a street shall be not less than 20 feet in width. (3) Rear yard. One yard not less than 50 feet in depth. F. Special design regulations. The following design regulations shall apply in the Officefflndustrial District: (1) For lots adjoining a residential district or th~ corporate !ir~ts of the borough, a buffer zone of not less than 25 feet shall be established and maintained, consisting of evergreens, shrubs or other screening vegetation. (2) Lighting for parking areas and signs shall be designed in such a way so that it does not reflect onto th~ adjoining areas. (3) Stormwater and drainage shall be established on th~ site to control runoff onto adjoining lots or areas. 15030 § 150-21 ZONING Light Manufacturing District § 150-21. Light Manufacturing District regulations. In a Light Manufacturing District the following regulations shall apply: A. Do § 150-21 Use regulations. A building may be erected or used and a lot may be used or occupied for the following purposes: (I) Any use permitted in an Office/Light Industrial District. (2) Tradesman's shop, such as plumbing/beating contractor, timaer's shop and woodworking shop. (3) Machine shop, when not equipped with heaTM punching or pressing machines, riveting machines, drop forges or other equipment which resuits in vibrations or noise disturbing to adjacent property owners: (4) Food processing and preparation for human consumption. (5) Printing shop and binder. (6) Clothing and dress manufacture. (7) Weaving and the manufacture of textiles from yaru. (8) Conversion of paper into party goods and the manufacture or conversion of raw materials into party goods and related activities. (9) Electrical appliance and electronic instrument assembly. (10) Laboratories. Height. No building shall be more than three stories in height, and no building shall be more than 75 feet in height Lot area and lot width. A lot area of not less than two acres per use shall be required, to include accessory use, if any. No lot nhaI1 have a mh~mum width of less than 200 feet, measured at the inside of the curb or the right-of-way. Building area. No more than 70% of the area of each lot may be occupied by buildings, including accessory uses, if any. Yards. The following yards shall be provided on each lot: (1) Front yard. One yard not less than 50 feet (2) Side yards. Two yards not less than 30 feet in aggregate width and neither less than 15 feet, provided that in tbe case of a lot abutting two su'eets, any yard that abuts a strut shall be not less than 20 feet in width. (3) Rear yard. One yard not less than 50 feet In depth. Special design regulations. The following design regulations shall apply in the Light Manufacturing District: 15031 § 150-21 SHIPPENSBURG CODE § 150-22 (1) For lots adjoining a residential district or the corporate limits of the borough, a buffer zone of not less than 25 feet shall be established and maintained, consisting of evergreens, shrubs or other screening vegetation. (2) Lighting for parking areas and signs shall be designed in such a way so that it does not reflect onto the adjoining areas. (3) Stormwater and drainage shall be established on the site to control runoff onto adjoining lots or area*. ARTICLE VII Heavy Manufacturing District § 150-22. Heavy Manufacturing District regulations. In Heavy Manufacturing Districts the following regulations shall apply: A. Use regulations. A building may be erected or used and a lot may be used or occupied for the following purposes: (1) Any use permitted in a Light Manufacturing District. (2) Assembly of parts, including welding, grinding and machining involving the use of heavy punching or pressing machines, drop forges, nveUng machines and the (3) Forging. (4) Metal fabricating, (5) Thick terminals. (6) Chemical processing. (7) Plastics molding. . (8) The following useS when anthodzed by the ~oning f-Iesxing Board, as a special exception, subject to those standards specified in § 150-53: adult book stores and. ente~,inment centers, massage parlors, modeling studiqs or similar activities, subject to the special design criteria of this article; B. Height regulations. No building shall be greater than 75 feet in height. C..Lot area and lot width. A lot area of not less than two'acres per use shali be required, to include aoc=ssory use, i~ any. No lot shall have a minimum width of less than 200 feet, measured at the inside of the curb or the right-of-way. D. Building area. No more than 70% of the area of each lot may be occupied by buildings, including accessory uses, i.f any. E. Yards. The following yards shall be provided on each lot: (~) Front yard. One yard not less than 40 feet. C 15032 § 150-22 ZONING § 150-22 (2) Side yards. Two yards not less than 30 feet in aggregate width and neither less than 15 feet, provided that in the case of a lot abutting two streets, any yard that abuts a street shall be not less than 20 feet in width. (3) Rear yard. One yard not less than 50 feet in depth. Special design regulations. The following design regulations shall apply in the Heavy Manufacturing Disu-ict: (1) For lots adjoining a residential district or the corporate limits of the borough, a buffer zone of not less than 25 feet shall be established and maintained, consisting of evergreens, shrubs or other screening vegetation. (2) Lighting for parking areas and signs shall be designed in such a way so that it does not reflect and is not directed onto the adjoining areas. (3) Stormwater and drainage shall be established on the site to control runoff onto adjoining lots or areas. (4) For adult book stores, entertainment centers, ~assa, ge parlors, modeling studios and similar activities, the following special design criteria shall be applicable, in addition to those contained in Subsection F(1) through (3): (a) No more than 5% of the lot may be covered by buildings or accessory uses. (b) A buffer strip shall be provided which shall be not less than 100 feet in width encompassing the entire perimeter of the lot, which buffer strip shall be planted with evergxeen, shrubs or other soreenlng vegetation, provided that, on the side of such lot fronting on the street, the buffer strip shall be not closer than 50 feet tO the street. (c) (d) (e) A single, unlighttxi sign, not more than 20 square feet in size, shall be provided and shall face the street, set back not less than 50 feet from the fight-of-way line of the street. The sign message shall be limited to verbal descriptions .of material and services available on the premises and sign messages shall not include any graphic or pictorial description of material or services available on the prenlises. Parking shall be provided for not less than one motor vehicle per 200 square feet of building area. Notwithstanding anything to the contrary hereq~t, none of the foregoing businesses shah be perl~tted within: [1] Five hundred feet of any residentially zoned district [2] One thousand feet of any of the following uses: Iai Churches, monasteries, chapels, synagogues, convents, rectories and religious article or religious apparel stores. [b] Schools, public or private, and the adjacent play areas or related 15033 § 150-22 (0 (g) SH~PENSBURG CODE § 150-23 lc] Public playl~ounds, swi~raing pools, picuic areas, parks, libra_des and conservation or natural a~eas. [3] For the purposes of this section, spacing dismuces shall be measured from the outward boundary line of all residential zoning districts or from all property lines of any use i~ Subsection F(4Xe)[2] above. No building shall be erected which shall be higher than 20 fee~ when measured from the grouud level at the lowest point to the highest point on said building. Such other special design requirements as the Zoning Hearing Board sl~ll determine to be necessary and desirable. ARTIC~,E VIII Institutional District § 150-23. Iaxstimtional District regulations. In Institutional Districts the following regulations shall apply: ' A. Use regulations. A building may be erected or us~ and a lot may be occupied for any of the following purposes, and no other: (1) Public or private schools, elementary, secondary or postsecondary. (2) Public parks or recreational areas, including public picnic pavilions, swimming pools or playing fields. (3) Churches, synagogues or mosqueS. (4) Public administration buildings, municipal buildings, federal buildings or police stations. (5) Cemeteries or mausoleums- (6) Hospitals or medical ;links. (7) Public lil:m-y. (8) Accessory uses. Uses customarily incidental to churches, syuagognes and mosques and private schools such as gyl~nlasjnms, dormitories, libraries, staff residences ,nd the like shall be permitted. B. Area regulations. (1) Lot area. A lot area of not less thau 1.0 acre shall be provided, except for public parks or recreational areas. (2) Building area. Not more than 70% of the lot area may be covered by the buildings, parking areas and accessory uses. 15034 § 150-24 ZONING Agricultural Open Space § 150-24. Agricultural/Open Space District regulations. In Agricultural/Open Space Districts the following regulations shall apply: A. § 150-25 Use regulations. A building may be erected or used and a lot may be occupied for any of the following purposes, and no other. (I) A single dwelling occupied by the owner or tenant farmer actively engaged in the tilling of the soil, except those areas specifically designated as open spaces by chapter of the Borough Council. (2) Agricultural, horticultural, floricultural and silvicultural use of the land, not to include swine or poultry production. Area regulations. (1) Lot area. A lot area of not less tha~ 10 acres shall be,provided. (2) Building area. No~ more than 5% of the lot ama may be covered by buildings and accessory uses. ARTICLE X Miscellaneous Provisions § 150-25. Nonconformin~ bulldin~ or use. Ao Continuation. Any lawful use of a building or land existhag or authorized by a building permit at the effective date of this chapter may be continued, although such use does not conform to the provisions of this chapter. It shall be the intent of this section, however, that the conversion of a nonconforming building or use to a conforming use shall encouraged to such extent as is reasonable. Bo Extension. A nonconforming use of land or building shall not be extended or structurally altered, provided, however, that the Zoning Hearing Board may, as a special exception, authorize: (1) (2) The structural alteration of a nonconforming building where such alteration is necessary for the building or the use of the building to conform to the requirements of the district in which such building is situated. The extension of a nonconforming use of a portion of a building throughout the building, or the limited extension of a building which is devoted to a nonconforming use on a lot, provided that: (a) It is clear that such extension is not materially detrimental to the character of the surrounding area or the interests of the borough. Co) The area devoted to nonconforming use shall in no case be increased by more than 50%. 15035 § 150-25 SHIPPENSBURG CODE § 150-28 (c) Such extension shall conform to the area and height regulations of the district in which it is situated. C. Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification when authorized as a special exception by the Zoning Hearing Board. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or tn a conforming use, such use shall not thereafter be changed to a use of a less restricted classification. D. Restoration. A nonconforming building wholly or partially destroyed by ~e, explosion, flood or other phenomenon, or legally condemned, may be mconswacted, repaired and used for the same nonconformin§ use, provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without inten'uption. No such building shall be used for a nonconforming us~ until it is completed to the satisfaction of the Borough Manager or his desiguee, and such completion will be accomplished within 18 months after destruction or condemnation. E. Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter. § 150-26. Nonconforming lots. A. Held in single and separate ownership. A building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided that plans for the proposed work shall be approved by the Zoning Hearing Board, at~r review of such plans to assure reasonable compliance with ~ spirit of the zoning ~egulations for the district B. Included in recorded plan. Buildings may be erected on lo~s which am not held'in single and separate ownership at the effective clae of the enaclment of this chapter and which am not of the required arna or width d such lo~s are included in a land subdivision and development plan which has been approved by Borough Council and must be recorded in the courthouse subsequent to the effective date of the enac~nent of this chapter. § 150-27. Reduction of lot. . No lot area shall be so reduced that the area of the lot or the ,tlmeusion of the open spaces shall be smaller than herein prescribed. § 150-28. Conversion of dwelling to mulfiple.f~mily use. The Zoning Hearing Board may authorize, as a special exception in any district other than Manufacturing Districts, R-1 and R-2 Districts, the conversion of any dwelling existing at the 15036 § 150-28 ZONING § 150-31 effective date of this chapter into a dwelling for not more than four families, subject to the following requirements: A. The lot area per family and yards shall not be reduced to less than the requirements of the district in which the lot is located. B. No structural alteration of the building exterior shall be made except as may be necessary for purposes of sanitation or safety. C. Such conversion shall be authorized only for a large building which has relatively little economic value or usefulness as a single-family dwelling or conforming use. D. The Zoning Hearing Board may prescribe such further conditions, with respect to the conversion and use of such building, as it decides appropriate, in accordance with § 150-53F. Off-street parking requirements. Labor and industry approval of plans. § 150-29. Certain public utility buildings exempted. This chapter shall not apply to any existing or proposed building or extension thereof used or m be used by a public utility corporation if, upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. § 150-30. Yard provisions for private garage or accessory structure. No accessory structure may be located or erected on a required lot unless its location conforms with the provisions of this section. A private garage or one-story accessory building which is not an integral sU'uctural part of a main building may be located in the required side and/or rear yard, but not less than three feet from any propeaxy line, provided that it is situated not less than 20 feet farther back from the s~reet line than the rearmost portion of the main buildhag. In cases where the rear or side of a lot abuts a public alley, the accessory building shall be set back a distance of 10 feet between the building line and the alley line. Where such lot is located at an alley intersection, the setback distance shall be 10 feet from both alley lines. § 150-31. Vision obstruction. On any corner lot, or at any accessway, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other vegetation shall be maintained which may cause danger or create a safety hu~,ard tO traffic on a street by obscuring the view. 15037 § 150-32 SHI2PPENSBURG CODE § 150-33 § 150-32. Prohibited uses. A. No building may be erected, altered or used and no lot or premises may be used in a residence or commercial district or within 100 feet of a residential district for any use which is noxious or offensive by reason of odor, dust, vibration, lily,ruination or noise or which constitutes a public hazard, whether by fire, explosion or othe~'ise ia the immediately surrounding area. B. Attached or row buildings used exclusively as dwellings shall not be perm/tted in any district except R-4, R-5 and R-6. § 150-33. Off-street parking space. In all districts, off-street parking space shall be provided as follows: A. No less than 1~ off-street parking space~, with proper access from a street or alley, shall be provided on any lot on which a dwelling is hereafter erected or converted, provided that for multiple dwe!lln§s one space for each housekeeping unit shall~be provided. B. Off-street parking space, with proper access from a street or alley, shall be provided in the amounts indicated below on or near any lot on which the following types of uses are hereafter established, provided that the Zoning Hearing Board may decrease these requirements in any case where sufficient vacant space is not available un the lot or within 500 to 800 feet of the lot and where the unreasonableness of these regulations is clearly demonstrated. In any case, however, the Board shall require that the requirements of this section shall be met insofar as is practicable, l~othing in this station shall be constru~l to prevent the establishment of joint parking facilities for two or more uses. (1) Hotel, motel, tourist house or similar establishment: one space for each rental room or suite. (2) Theater, auditorium, church or other place of public assemblage: one space for every (3) Commercial, office, restaurant and eating establishments or recreational building or use other than those specified above: one space for each 100 squar~ feet, or portion . thereof, of floor area devoted to patron or office use. (4) Industrial establishment: one space for each one employee on the shift with the most employees. (5) For restaurants and eating establishments located within the area bounded by Prince Street and Spring Street and Orange Street and Burd Street there shall be no requirement for off-street parking. C. Each off-street parking space shall comply with the requirements of the Borough of Shippeusburg Subdivision and I_and Development chapter, Ordinance No. 93-626, § 137-27A. D. parking areas shall be graded to provide convenient vehicular access and proper drainage and shall be paved with a hard or semiha_rd material, excluding shale, or otherwise treated tO prev~at dust or oth¢l' loose cover from begornlno~ a nuisallge or a haT..~'d. ~.t parkil3.g C~ 15038 § 150-33 ZONING § 150-37 go access or other vehicular service areas shall be adequately illuminated during night hours of use. Such lighting shall be arranged so as to protect the highway and any adjoining property from direct glare or hazardous interference of any kind. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an mount less than that required under this chapter for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requiremenm of this chapter. § 150-34. Loading and unloading space. Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is berea~er erected or substantially altered. In areas of controlled parking, loading and tmloading space must be ordained by the Borough Council. § 150-35. Temporary use permit. A temporary permit may be authorized by the Zoning Hearing Board for a nonconforming structure or use which it deems necessary to the public health or g~neral welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the borough. Such a p~mit shall be issued for a specific period of time not exceeding one year and may be renewed annually for a~ aggregate period of not more than three years, including the original authorization. § 150-36. Front yard exception. The front yard of a proposed building may be decreased in depth to the average alisynment of existing buildings within I00 feet on each side of the proposed building, and within the same block, if such alignment of existhag buildings is less than the front yard requirement for the district. B. A front yard of not less than 50 feet shall be provided on all lots abutting an officially designated state highway, subject to the provisions of Subsection A above. § 150-37. Garden-type multiple dw~llln~. The Zoning Hearing Board may anthorL~, as a special exception, the erection of a garden-type multiple dwelling or a group of garden-type multiple dwellings hi R-3 and R4 Resideuce Dis~cts. Such dwellings, or group of dwellings as a unit, shall conform with all regulations for this chapter, except these for which the following spocial regulations shall be substituted: A. The total lot area shall be not less than five acres and shall be suitable for the proposed use. 15039 § 150-37 SHIPPENSBURG CODE § 150-40 B. The lot area per family shall be not less than 5,000 square feet in R-3 Districts and not less than 3,500 square feet in R4 Dislricts. C. Not more than 25% of the lot area shall be occupied by the buildings. D. No side yard shall be less than 25 feet in width. E. No garden apartment shall exceed two stories in height. F. The distance at the closest point between any two buildings of a group of garden-type multiple dwellings shall be not less than 20 feet. G. The proposed development shall be served by public sewer and water facilities. H. A group of garden-type multiple dwellings shall not be designed so as to permit subsequent subdivision into units which would not conform to the use and area regulations of the district in which it is located. I. The proposed use shall be designed as a single arehkectural project or unit with appropriate landscaping, shall provide for appropriate commOll open spaces alld facilities and shall not materially detract from the character of the neighboring district. I. The Zoning Hearing Board may prescribe such further conditions with respect to the proposed development as it decides appropriate. § 150-38. Determination of uses not provided for. In any district established by this chapter, when a specific use is neither permitted nor denied, the Council of the Borough of Shippensburg shall make a determination as tn the similarity or compatibility of the use in question to the permitted uses in that district upon receipt of an application requesting such determination. No zoning permit shall be issued by the Zoning Officer for any unspecified use until this determination has been made. The denial of such application shall be considered fiual. ARTICLE Signs § 150-39. Conformnnce required. Any sign hereafter erected or walntained shall conform with the provisions of this article and any other ordinance or ~egnlations of the borough. § 150-40. Use and location regulations. The following types of signs, and no other, shall be permitted: A. Official traffic signs. B. Professional accessory use or n~e signs indicating the name, profession or activity of the occupant of a dwelling and trespassing signs or signs indic~6ng the private nature of a 15O4O § 150-40 ZONING § 150.-41 driveway or premises, provided that the area on one side of any such sign shall not exceed 12 square feet. C. Identification signs for schools, churches, hospitals, clubs, lodges or similar uses, provided that the area on one side of any such sign shall not exceed 20 square feet. D. Real estate signs, including signs advertising the sale or rental of premises, provided that the area on one side of any such sign shall not exceed 20 square feet; and signs indicating the location and direction of premises in the process of development, provided that the area on one side of any such sign shall not exceed 32 square feet. E. Temporary signs of con,actors, architects, mechanics and artisans, provided that such signs shall be removed promptly upon completion of the work and shall not exceed 12 square feet. F. Business or industrial signs in commercial and manufacturing dis~cts only, provided that such signs, except directional signs, are placed on the premises on which the use to which the sign relates is conducted and the total area on one side of all such signs placed on or facing any one street frontage of any one premises shall not exceed 32 square feet. The area on one side of a directional sign shall not exceed 20 square feet. The size Iimitations herein prescribed may be exceeded when authorized aa a special exception. G. Utility signs necessary for the identification, operation and protection of public utility facilities. Temporary advertising or public service banners and signs. Temporary advertising banners or public service banners shall be no more than 100 square feet on each side displayed and shall be maintained for not longer than 60 days. Off-site signs. Signs advertising a business shall be placed on the business premises and shall not be maintained on property off of said premises. Maximum of signs. No business shall have mnltiple signs whose total area exceeds the maximum number of square feet permitted by this chapter. § 150-41. General sign regulations. The following regulations shall apply to all permitted sign uses: A. No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view. B. No sign, other than official Waffic signs, shall be erected within or shall project over the lines of any street unless specifically authorized by other borough ordinances and regulations. C. No sign shall be of a flaahing-type, neon sign or interior illnmlnated sigll. D. No sign shall project more than six feet over a public sidewalk and shall be not less than 10 feet above the plane of the sidewalk measured to the bottom 15041 § 15041 SHIPPENSBURG CODE § 150-4~ E. In addition to the other requirements of this article, every sign referred to in this article must be constructed of durable materials, must be kept in good condition and repair and shall not be allowed to become dilapidated. F. All signs existing as of the effective date of this chapter shah be permitted to re~ain until replaced or for a period not to exce~l 10 years, whichever shall first occur, at which time they shall be required to conform m this chapter. A dmini~.ration § 150-42. Enforcement. The Borough Council shall appoint a Zoning Administrative Officer to enforce the provisions of this chapter. It shall be his duty to examine all apphcatiom for permits, issue permits only for constmctiun and uses which am ia accordant* with all applications for permits with any accompanying plans and documents and make such repom as the Borough Council may r~quire. Permits for construction and uses which am a special ~xception or variance to requirements of this chapter shall be issued only upon order of the Zoning Hearing Board. Nothing herein contained shall require any change in plato or comtmction of a lawful use for which a building pemait ha~ be~n issued. § 150-43. Permit required. A permit shall be required prior to the erection of structural alteration of any building, structure or portion thereof and prior to the use or change in use of a building or land and prior to the change or extension of a nonconforming use. Farm buildings situated 50 feet or more from any su'eet or property line shall be exempt from the permit requirements of this section, but all such farm buildings shall be erected ia conformity with the use, area and height regulations applicable in the district in which such farm buildings are located. Applications for permits shall be made, in writing, to the Zoning Administrative Officer on such forms as. may be furnished by the borough. Such application shall contain all info,~nation necessary for the Zoning Administrative Officer to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of tbi.~ chapter.. § 15044. I~mnc~ of permit~. Perulits shall be ~ or re~ ~thin l0 ~ys ~ ~e ~n a~Ecafion ~ ~ ~ wi~ ~e ~g Adminls~afiv~ ~cer. U~n co~[efion of ~e ~ecfi~ or ~fion of ~y b~g or ~on ~f auto~g by ay ~t ad ~or m ~c~acy ~ ~, ~ hol~ of such ~t sM1 no~ ~e ~nlng Aam~i~ve ~c~ of such co~lefi~. No ~t s~ ~ condder~ co~lete ~ ~enfly eff~five ~ffi ~ ~g 3dmi~i~five ~ ~ c~ifl~ ~t ~e wo~ ~ ~ ~ ~ a~oved ~ ~ ~ co~o~ wi~ ~ provisions of ~s c~p~ ~d o~er apphcable ~es. 15042 § 150.45 ZONING § 150-4-8 § lS0-45. Fees. Fees for permits shall be paid in accordance with a fee schedule to be adopted by the Borough Council, and all such fees shall be paid into the Borough Treasury. Each applicant for an appeal, special exception or variance shall, at the time of making application, pay a fee in accordance with the aforementioned fee schedule for the cost of advertising ~ud mailing notices, as required by this chapter and the rules of the Zoning Hearing Board. ARTICLE xrrr Zoning Hearing Board § 150-46. Appointment. A Zoning Hearing Board, consisting of three merubers, shall be appointed by the Borough Council in the manner prescribed by law. § 150-47. Powers and duties. A. The Zoning Hearing Board shall have the following powers: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Pennsylvania Municipalities planning Code. (2) To hear and decide special exceptions to the terms of this chapter upon which the Board is required to act under this chapter. (3) To authorize upon appeal in specific cases such variance fxom the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of tiffs chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. B. 5a exercising the above-mentioned powers, the Zoning Hearing Board may reverse or affirm, wholly or partly, or may modify the order, requLrement, decision or determ~n.tion appealed from and may m.~e such order, requirement, decision or determ~n.~on as, in its opinion, ought to be made. Notice of such decision shall for&with be given to all parties hi interest. § 150-48. Adoption of rules. The Zoning Heating Board shall adopt rules in accorc~ce with the provisions of thiz chapter. Such rules shall include, but shall not be limited to, the manner of filing appeals, the manner of filing applications for special exceptions and variances from the terms of this chapter, and the manner of giving notice of public hearings. 150~3 § 150-49 SI-~PENSBURG CODE § 150-53 § 150-49. Meetings; minutes. Meetings of the Zoning Hearing Board shall be held at the call of the Ch~ and at such other times as the Board may determine. Such Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of wimesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or fail!rig to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. § 150-50. Appeals to the Zoning Hearing Board. Appeals to the Zoning Hearing Board may be taken by any person aggrieved by or any officer of the borough affected by any decision of the A,~minlstrative Officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by ~ling with the officer from whom the appeal is taken and with the Zoning Hearing Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith · ' ~ ' n appealed from ttansmit to the Board all the papers constituUng the record upon which the aclao was taken. § 150-51. Public hearings. Upon the filing with the Zoning Hearing Board of an appeal, the Zoning Heating Board shall fix a reasonable time and place for a public hearing and shall, in the m~nner prescribed by its rules, give public notice thereof, as well as due notice to the parties in interest, who shall be at least those persons whose progenies adjoin the property in question, and shall decide the same within a reasonable time. Any party may appear at a public hearing in person or by agent or by attorney. C~ § 150-52. Appeal to court Any person or persons aggrieved by any decision of the Zoning Hearing Board or any taxpayer or any officer of the borough may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of the county by petition, duly verified, setting forth that such decision is arbitrary, capricious and an abuse of discretion or othev~e not in accorelance with law and spec~g the grounds upon which he relies. § 150-53. Review of proposed exception or variance. In any instance where the Zoning Hearing Board is required to consider an exception or variance in the Zoning Chapter or Map in accordance with the provisions of this chapter, the Zoning Hearing Board shall, among other things: A. Assure iuself that the proposed exception or varizuce is consistent with the spirit, purpose and intent of the Zoning Chapter. 150~ § 150-53 ZON'I2qG § 150-56 B. Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. C. Determine that the proposed change will serve the best interests of the borough, the convenience of the community (where applicable) and the public schools. D. Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools. E. Be guided in its study, review and decision by sound standards of subdivision practice, where applicable. F. Impose such conditions, in addition to those required, as are necessary to assure that the intent of the Zoning Chapter is complied with, which conditions may include but are not limited to harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or ba~an:lous elements and adequate standards of parking and sanitation. ' G. Require a labor and industry occupancy permit. § 150-54. Conditional uses. Where the Council of the Borough of Shippensburg in the Zoning Chapter has established a use as a conditional use in a zoning district, such use shall be permitted after a public hearing before the Zoning Hearing Board. In approving a request for a conditional use, the Zoning Hearing Board shall attach such reasonable conditions as safeguards, in addition to those expressed in the chapter, as it shall deem necessary to implement the purpose of the Pennsylvania Municipalities planning Code, the Subdivision and Land Development chapter of the Borough of Shippensburg and the Zoning Chapter. § 150-55. Expiration of variance, special exception and conditional use. A variance, special exception or conditional use granted by the Zoning Hearing Board shall expire if the proposed use or structure contemplated by said variance, ~ exception or conditional use has not been executed or acted ulmn within 12 months following the date of approval. ARTICLE XIV Amendment, Remedies and Penalties § 150-56. Amendments; public hearing. The Borough Council may, from time to t~me, amend, supplement, change, modify or repeal this chapter, including the Zoning Map. No such amendment, supplement, change, modification or repeal shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. 15O45 § 150-56 SHIPPENSBURG CODE § 150-58 At least 15 days' notice of such pubhc hearing shall be published in a newspaper of general circulation in the borough, and notices thereof shall be mailed to parties in interest and to every civic association or association of residents in the borough who shall have registered its name and address for this purpose with the Borough Manager. The notices shall state the time and place of such hearing and the general nature of the proposed amendment. In cases of a protest against such amendment, supplement, change, modification or repeal signed by the owners of 20% or more, either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending I00 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment supplement, change or modification shall not become effective except by the favorable vote of ~/4 of all the members of the Borough Council. § 150.$7. Prevention of unlawfu.I com~rucfiom In case any building or structure is erected, constructed, reconsti'ucted, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or any regulations made pursuant thereto, the proper borough authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violafiom to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. C~ § 150-58. Violations and penalties. For any and every violation of the provisions of this chapter the owner, general agent or · · ' has been committed or shall eodst and contractor of a building or prenuses where such vmlatinn the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, building contractor or any other person who knowingly commits, takes part or assists in any such violation or who wai.t~in~ any building or premises in which any such violation shall exist shall be liable, on conviction thereof, to a fine or penalty not exceeding $500 for each and every offense which inure to the benefit and use of the borough with the costs of suit and, in default of payment thereof, the Justice of the peace may, in his discretion, commit the offender to prison in the county jail for a per/od not exceeding 30 days for each and every offense. Whenever such pe~on shall have been officially notified by the prosecution or in any other official ~nanner that he is committing a violation, each day's continuance of such viohtion after such notification shall constitute a separate offense, punishable by a like fine or penalty. Such fines shall be collected as Like fines are now collected by law. 150~6 CSR ENTERPRISES, Appellant V ZONING HEARING BOARD OF THE BOROUGH OF SHIPPENSBURG, Appellee 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 580 CERTIFICATION OF RECORD Pursuant to the Writ of Certiorari issued in the above captioned case, the Zoning Hearing Board of the Borough of Shippensburg hereby files with the Cumberland County Court of Common Pleas the complete record before the Zoning Hearing Board in the above matter, this record consisting of the following: 4. 5. 6. 7. 8. Application for Variance consisting of seven (7) pages. Preliminary Land Development Plan for CSR Enterprises, Sheets 1 through 13. Notice of Hearing dated November 28, 2001. Notice of Hearing dated December 19, 2001. Proof of Publication for meeting of November 28, 2001. Proof of Publication for meeting of December 19, 2001. Transcript of November 28, 2001 hearing. Transcript of December 19, 2001 hearing. 9. Decision of the Shippensburg Zoning Hearing Board, mail date January 4, 2002. Respectfully submitted, Hubert X. ~ilroy, E~uire Attorney for Appe)~ee 4B r;oU~; H&a nGiolvr~r ~ tP;eC~t Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 CSR ENTERPRISES, Appellant V ZONING HEARING BOARD OF THE BOROUGH OF SHIPPENSBURG, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 580 .. _. ._ .. CERTIFICATION OF RECORD Pursuant to the Writ of Certiorari issued in the above captioned case, the Zoning Hearing Board of the Borough of Shippensburg hereby files with the Cumberland County Court of Common Pleas the complete record before the Zoning Hearing Board in the above matter, this record consisting of the following: 4. 5. 6. 7. 8. Application for Variance consisting of seven (7) pages. Preliminary Land Development Plan for CSR Enterprises, Sheets 1 through 13. Notice of Hearing dated November 28, 2001. Notice of Hearing dated December 19, 2001. Proof of Publication for meeting of November 28, 2001. Proof of Publication for meeting of December 19, 2001. Transcript of November 28, 2001 hearing. Transcript of December 19, 2001 hearing. Decision of the Shippensburg Zoning Hearing Board, mail date January 4, 2002. Respectfully submitted, !~~Hubert X.~Gilroy, E uire Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 'I0-18-0! 14:43 BOROUGH OF SHIPPENSBURG ID=7175326948 APPLICATION FOR VARIA NCE TO: Shippensburg Zoning Hearing Board: I or we hereby apply for a variance from the Zoning Ordinance of the Borough of Shippensburg, and represent as follows: The name, address and phone number of the applicant{s) are: The attorney, if any (an attd~ey- zs' n6t red,red) for the app!ic~nt (s)~s) The location of the property affected is: ~IT) 7~-~t~t ~ Street 4. -' ' Borough -- I Co'o/lty The present zoning classification of the property is: (for examDle, Residence District). F..-..% The provisions of the Zoning Ordinance from which is as follows: (for example, The Use Regulations do not permit a canning factory in the districs). a variance is sough% in Section 401, ~nick The specific variance which is here being applied for is as follows: (for example, the use of the building on the premises as a car~inq factory). Drawings, surgeys, etc., which may be helpful in underst~ndin~ 5~ application, are attached hereuo. The reason that the variance is necessary is uha~: (for ex~.~ule, building and land are unsuitable for anything except a canning fl=cSc:y5 . The o~mer(s) of the properuy is Or are: i'0-18-81 1~:~4 BOROUGH OF SHIPPENSBURG ID=Ti75326948 P03/~2 I or we understand that at a hearing conducted by the Board on chis application the burden will be upon the applica~/t(s) to show that the requisites for a variance, under the Pennsylvania Municipalities Planning Coder exist in this case. Application Received: Number Assigned to Application: ~plicant(s) Signature 5f B~ough Officer R~ceiVing Applications 2~Ship. zen. H. Bd. /~ (Date) Note: If sufficient space is not available in Items 5 and 6r please ac:ack additional pertinent information to this form. surveyors Cad D. Bert, PLS Steven P. Wolfe, PLS Gregory N. Wengert, PLS Scott B. Bert, PE RE: ORDINANCE: REFERENCE: PLAN: REQUEST: RATIONALE: CARL BERT & ASSOCIATES Professional Land Surveyors & Engineers 20 East Burd Street Shippensburg, Pa. 17257 (717) 532-9470 Fax (717) 530-9339 Web site: carlbertassociate~.com Email: cdbassoc~innernet.net SubdMsion & Development Plans Proper/7 Surveys Construction Stake-o~t Topographic Surveys GPS Services GIS Services Aerial Mapping CSR Enterpdses November 6, 2001 CDB # C-ST-01-04 VARIANCE REQUEST LOT AREA PER DWELLING UNIT Shippensburg Borough Zoning Ordinance 95-659 Article X, Section 150-37.B, Lot Area per dwelling unit Preliminary Plan for CSR Enterprises located off of Kenneth Ave. in Shippensburg Township and Shippensburg Borough, Cumberland Co., dated October 8, 2001, prepared by Cad Bert & Associates, File No. C-ST-01-04 To allow the construction of 2 -12 unit buildings with less than 5,000 sq. ft. per dwelling unit. Over the entire lot of 4.67 acre~t~he lot area per dwelling unit is 3,390 sq. ft. The Shippensburg Township requirement of 3,000 sq. ft. per dwelling unit is met and would allow con'dnuity on the lot. R-7 Zone is adjoined by R-5 and Commercial Zones, the construction of the 2 - 12 unit buildings, would be permitted in the R-5 Zone. The construction of the apartment buildings would not be detrimental to neighboring properties. R-7 Zone permits the use of Fraternity and Sorodty Housing, which allow~ up to 50 people in one building. surveyors Cad D. Bert, PLS Steven P. Wolfe, PLS Gregory N. Wengert, PLS Scott B. Bert, PE RE: ORDINANCE: REFERENCE: PLAN: REQUEST: RATIONALE: CARL BERT & ASSOCIATES Professional Land Surveyors & Engineers 20 East Burd Street Shippensburg, Pa. 17257 (717) 532-9470 Fax (717) 530-9339 Web site: caHbertassociates.com Email: cdbassoc~,innemet, net Subdivision & Development P1ans Property Surveys Construction Stake-out Topographic Surveys GPS Services GIS Services Aerial Mapping CSR Enterprises November 6, 2001 CDB # C-ST-01-04 VARIANCE REQUEST CONSTRUCTION OF 12 UNIT BUILDINGS Shippensburg Borough Zoning Ordinance 95-659 Article III, Section 150-12.A.2, Multiple Dwelling Units Preliminary Plan for CSR Enterprises located off of Kenneth Ave. in Shippensburg Township and Shippensburg Borough, Cumberland Co., dated October 8, 2001, prepared by Cad Bert & Associates, File No. C-ST-01-04 To allow the construction of 2 -12 unit buildings instead of the permitted 6 dwelling unit garden type apartment building. 1. The proposed land use is acceptable in Shippensburg Township and would provide continuity on the property. R-7 Zone is adjoined by R-5 and Commercial Zones, the construction of the 2 - 12 unit buildings, would not be detrimental to the neighboring properties. 3. All Shippensburg Township cdteda are met for the complex. 4. In the Borough there are no adjoining properties that have less than 6 dwellings units. 1. Acacia Housing Corporation surveyors Cad D. Bert, PLS Steven P. Wolfe, PLS Gregory N. Wengert, PLS Scott B. Bert, PE RE: ORDINANCE: REFERENCE: PLAN: REQUEST: RATIONALE: CARL BERT & ASSOCIATES Professional Land Surveyors & Engineers 20 East Burd Street Shippensburg, Pa. 17257 (717) 532*9470 Fax (717) 530-9339 Web site: carlbertassociates.com Emaih cdbassoc(&innemet .net Subdivision & Development Plans Propert7 Surveys Construction Stake-out Topographic Surveys GPS Services GIS Services Aedal Mapping CSR Enterprises November 6, 2001 CDB # C-ST-01-04 VARIANCE REQUEST LOT AREA FOR GROUP APARTMENT COMPLEX Shippensburg Borough Zoning Ordinance 95-659 Article X, Section 150-37.A, Lot Area Preliminary Plan for CSR Enterprises located off of Kenneth Ave. in Shippensburg Township and Shippensburg Borough, Cumberland Co., dated October 8, 2001, prepared by Carl Bert & Associates, File No. C-ST-01-04 To allow the construction of 2 -12 unit buildings on a lot size of less than five acres. The lot area of the entire property is 4.67 acres, however only 1.24 acres lie with in the Borough. This property is the only property that CSR Enterprises owns, and there is no other land available for this project. The proposed land use is acceptable in Shippensburg Township and would provide continuity on the property. The R-7 Zone is adjoined by the R-5 Zone and the Commercial Zone, so the construction of the 2 - 12 unit buildings would not be detrimental to the neighboring properties. All Shippensburg Township criteda are met for the complex. Shippensburg Township has no such requirement for minimum lot size. The configuration of the land precludes the uses allowed in R-7. R-3 uses are permitted within R-7 but requires a minimum of 5 acres for group apartments of this nature. surveyors Cad D. Bert, PLS Steven P. Wolfe, PLS Gregory N. Wengert, PLS Scott B. Bert, PE CARL BERT & ASSOCIATES Professional Land Surveyors & Engineers 20 East Burd Street Shippensburg, Pa. '17257 (717) 532-9470 Fax (717) 530-9339 Web site: carlbertassociate~.com Email: cdbassoc(~innernet .net Subdivision & Development Plans Properb/Survetcs Construction Stake-c~t Topographic Surve,/s GPS Services GIS Services Aerial Mapping CSR Enterprises November 6, 2001 CDB # C-ST-01-04 RE: ORDINANCE: REFERENCE: PLAN: REQUEST: RATIONALE: VARIANCE REQUEST LOT AREA PER DWELLING UNIT Shippensburg Borough Zoning Ordinance 95-659 Article X, Section 150-37.B, Lot Area per dwelling unit Preliminary Plan for CSR Enterprises located off of Kenneth Ave. in Shippensburg Township and Shippensburg Borough, Cumberland Co., dated October 8, 2001, prepared by Carl Bert & Associates, File No. C-ST-01-04 To allow the construction of 2 -12 unit buildings with less than 5,000 sq. ft. per dwelling unit. Over the entire lot of 4.67 acres, the lot area per dwelling unit is 3,390 sq. ft. The Shippensburg Township requirement of 3,000 sq. ft. per dwelling unit is met and would allow continuity on the lot. R-7 Zone is adjoined by R-5 and Commercial Zones, the construction of the 2 - 12 unit buildings, would be permitted in the R-5 Zone. The construction of the apartment buildings would not be detrimental to neighboring properties. R-7 Zone permits the use of Fraternity and Sorodty Housing, which allows up to 50 people in one building. The progression of minimum lot sizes per dwelling unit in the Zoning Oddnance is as follows: R-1 14,000 sq. ft. R-2 10,500 sq. ft. R43 5,000 sq. ft. R-4 3,500 sq. ft. R-5 2,500 sq. ft. R-6 2,500 sq. ft. The 3,390 sq. ft. per dwelling unit is greater than the minimum required for the adjoining R-5 Zone. 2 /I Jl ! I I~ 0 ~§ 4 im ~[ ¸ '%. x. "-I.~1,, I,I >- ~- 0 ~lil \t \ I I Ii q !:!! :'" .I,, iiJ ~ il,: llh ~l !ill j lill III ,!.h Jill ~I l"i: hll NOT'J:¢E OF EET'J:N6 There will be a meeting of the 5hippensburg Zoning Hearing Board at 7:00 p.m., Wednesday, November 28, 2001, at the 5hippensburg Borough Office, 1111 North Fayette 5treat, 5hippensburg, Pennsylvania. The purpose of the meeting will be to hear the following: Board Case No. 2001-13: Luanne Hozzord, for the property located at 469 East King Street. This property Js located in a C-2 District. The applicant has applied for variances from the Borough Code of 5hippensburg, Chapter 150 (Zoning), Article ];V, section 150-19, 5ubsect6ion B (3) (b), Side Yard Requirements. The applicant already constructed a 16 ft. by 25 ft. 8 inch deck to the rear of the existing house which has a west side yard as little as 6 ft. 4 inches and an east side yard as little as 5 ft. The Code requires two side yards totaling twenty (20) feet with neither less than six (6) feet in width. Board Case No. 2001-14; Neal and sarah Lake for the property located at 325 East Burd 5treat. This property is located in an 1>,-5, P, esidence District. Mr. & Mrs. Lake have applied for a variance from the Borough Code of 5hippensburg, Chapter 150 (Zoning), Article ];, section 150-5, Definition of Family. Mr. & Mrs. Lake wish to have as many as four (4) unrelated persons living at this property until .Tune 1[, 200?. The Code allows only three (3) unrelated persons. Board Case No. 2001-Z§; C.R.5. Enterprises for the property located at Kenneth Avenue & Brookside Avenue. This property is located in an 1>,-7, Residence District. The applicant(s) hav~ applied for variances from the Borough Code of 5hippensburg, Chapter 150 (Zoning), Article X, Section 150-37, Subsection B, Lot Area Per Dwelling Unit; Article ~-~, Section 150-12, Subsection A (2), Multiple Dwelling Units, and Article X, Section 150-37, Subsection A, Lot Area. The Applicants wish to construct two (2), twelve (12) unit buildings at this location which would have a lot area less than five (5) acres, and would have as little as 3,390 sq. ft. lot size per dwelling unit. The Code allows up to six (6) dwelling units in one building, requires a lot area of 5 acres and lot size per dwelling unit of 5,000 sq. ft. in the 1>,-7, Residence District. J, Lee Hockersmith secretary Notices to: Board Members Hubert Gilroy Diana Sydnor Applicants Cumberland County Redevelopment Authority, 114 KI. Hanover Street, Carlisle, PA 17013 Samuel Wiser, 470 East King Street, 5hbg. Teresa Roman, 472 East King Street, Shbg. W. Leroy ~ettle, 474 East King Street, Shbg. Abram Crider, 1:1559 Stonewall Road, Shbg. Acacia Housing Corp., c/o Todd Cressler, 1800 Lingelstown Road, Suite 103, Hsbg., PA 17110 Joe Fink, 316 East Burd Street, Shbg. Donald Varner, 115 Heritage Drive, Apt. 21, Salem, MA 01970 David Debrium, 327 East Burd Street, Shbg. Joseph Messich, 316 Fort Street, Shbg. Allen RomJne, P.O. Box 1404, Chbg., PA 17201 William Elba j j, ! West King Street, Suite 2A, Shbg. Charles Parker, 1! grookside Avenue, Shbg. MTM Properties, 400 Hickory Lane, Chbg. Robert E. Runk, Sr., 19 Kenneth Avenue, Shbg. David Clause, 2§ Kenneth Avenue, Shbg Locust Grove Cemete~/Association, c/o Mai Bolitmore, 124 West Orange Street, Shbg. Harold Cohick, 427 ~ East King Street, Shbg. Elizabeth S. Craig-White, 73§ East King Street, Shbg. Louise Lawman, 11~4 Eden Avenue, Waynesboro, PA 17628' Thomas Moore, 7 Brookside Avenue, Shbg., NOTICE OF MEET'J:N6 There will be a meeting of the Shippensburg Zoning Hearing Board at 7:00 p.m., Wednesday, December 19, 2001, at the Shippensburg Borough Office, 111 North Fayette Street, Shippensburg, Pennsylvania. The purpose of the meeting will be to hear the following: CON'rrNUTEb FROM THE NOVEMBER 28,200t, MEET]:NG: Board Case No. 2001-15; C.R.S. Enterprises for the property located at Kenneth Avenue & Brookside Avenue. This property is located in an R-7, Residence District. The applicant(s) have applied for variances from the Borough Code of Shippensburg, Chapter 150 (Zoning), Article X, Section 150-37, Subsection B, Lot Area Per Dwelling Unit; Article ~1:, Section 150-12, Subsection A (2), Multiple Dwelling Units, and Article X, Section 150-37, Subsection A, Lot Area. The Applicants wish to construct two (2), twelve (12) unit buildings at this location which would hove a lot area less than five (5) acres, and would have as little as 3,390 sq. ft. lot size per dwelling unit. The Code allows up to slx (6) dwelling units in one building, requires a lot area of 5 acres and lot size per dwelling unit of 5,000 sq. ft. in the R-7, Residence District. J. Lee Hockersmith Secretary Notices to: Board Members Hubert Gilroy Diana Sydnor Applicants William Elba j j, 1 West King Street, Suite 2A, Shbg. Charles Parker, 11 Brookside Avenue, Shbg. MTM Properties, 400 Hickory Lane, Chbg. Robert E. Runk, Sr., 19 Kenneth Avenue, Shbg. David Clause, :>5 Kenneth Avenue, Shbg Locust Grove Cemetery Association, c/o Mai Balitmore, H~rold Cohick, 4:>7 ~ East King Street, Shbg. Elizabeth S. Craig-White, 735 East King Street, Shbg. 1:>4 West Orange Street, Shbg. Louise Lowman, 1/.~. Eden Avenue, Waynesboro, PA 17628 Thomas Moore, 7 Brookside Avenue, 5hbg., NEWS-CHRONICLE COUNTY OF ~E~t,~WD COIW~ONWF. ALll-{ OF PENNSY%VANIA NBOS November 13 and November 20, 2001 Cow of Not/ce of Pub/ic~on To: "T"{E NEWS-CI{RON'ICLE" Shippensburg, PA 172.57 F~ publishing the n~Xic~ ar, ached hereto: On the stated date[s] ..... $1 0 4.5 2 A~davit .............. $ 2.0 0 NO~ICE OF bI~ETING There will be n meeting of the Shippensburg Zoning Hearing B~ard at 7:00 p.n~, Wednesday, November 28, 2001, at the Ship- pensburg Borough Office, 111 North Fayetto Street, Shippens- burg, Pennsylvania. The purpose of the meeting will be to hear the following: Board Case No. 2001-13; Luanne Hazzard, for the property located at 469 East King Street. This property is located in a C-2 District. The applicant has applied for variances from the Bor- ough Cede of Shippensburg, Chapter 150 (Zoning), Article IV, Section 150-19, Subsection B($) (b), Side Yard Requirements. The applicant alreedy constructed a 16 f~ by 25 it. 8 inch deck to the rear of the existing house which has a west side yard as little as 6 it. 4 inches sad sa east side yard as little as 5 lt. The Code requires two side yards to totaling twenty (20) feet with neither ~d~ per dw,Umg unit of 5,000 ~. il. in the I~7, l~idence To{al ................. $106.52 Proof of Publication of Notice in THE NEWS-CHRONICLE COUNTY OF C/JM~EI~AHD COMMONWEALTH OF PENNSYLVANIA NBOS Barbara C. Thompson, being duly ~ s_-<<eding to law, deposes and says that she is the editor of 'The N~s-Chronicle", which is a bi-v~kly nzv~x~nr of gmeral ~irculatic~ published in Shippens~g Township, Cumberland Cottony, Pennsylvania, by The Ney, s-Chronicle Cmnl~ny, a c~perati~n dull, or?n;?.,d and existing under the laws of the Commonwealth of Pennsylvania ha~ing ifs principle place ofbuslness at 1011 Rimer Highway [P.O.Box 100], Shipp~sburg, Peru~lvania; that she t~ mtharJzed to and does make this affidavit m it's be~al~,, that the printed notice, advertisement ar publication ntts~ed hereto is the same ns was ~b~ted in the regular editions & issues of'The Ne~- Chrmicle" en the following dat~(s): December 4 and December 11r 2001 Cow of Notice of Publication Affiant farther dqx~m that neither she n~r "'I'ne New-Chronicle" md The News- Chrenicle C. mnpany have any inte~st in the subject matters of the sferestid notice or adver6~nent, and that the facts set ~ in the foregoing affidavit are true and correct. Sworn and subecrfbed before me Ii,is : --;- N ''-' -. .... - Cla~oo L: d~ ~ Nota~ Pub e ISh~p~ns~r~ T~., Cumberland Coun~l I My Uommi~on ~pires Aug. 30, 2004 J. Lee Hockersmith Secretary Adv. NC Dec. 4, 11 To: "THE NEWS-CHRONICLE" Shippensburg, PA 17257 For publishing the no,ice at~ached hereto: On the stated date[s] ..... $ 68.64 Affidavit .............. $ 2.00 Total ................. $ 70.64 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TRANSCRIPT OF PROCEEDINGS OF MINUTES OF ZONING HEARING BOARD BEFORE: Zoning Hearing Board Earl Parshall, Chairperson J. Lee Hockersmith, Member William Cressler, Member Andrea S. Lage, Alternate Robert C. Weaver, Code Enforcement Officer DATE: November 28, 2001, 7:00 p.m. Shippensburg Borough Office 111 North Fayette Street Shippensburg, PA. 17257 APPEARANCES: Hubert X. Gilroy, Esquire, appears as Solicotor for the Zoning Hearing Board. Heriry F. Coyne, Esquire, appears on behalf of C.R.S. Enterprises. DIANA L. SYDNOR Court Reporter 31 Cramer Road Shippensburg, PA. 17257 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Thereupon, the Shippensburg Zoning Hearing Board meeting was held:) MR. PARSHAIJ,: We'll call the November meeting of the Zoning Hearing Board in session. The first item on the agenda this evening is approval of the minutes of October 17th meeting, and you all have a copy of the minutes. MR. CRESSLER: minutes of October 17th. MR. HOCKERSMITH: MR. PARS}~AIf,: I'll make a motion we approve the Second. we have a motion made and second to approve the minutes of the October 17th meeting. Any discussion? Being none, by saying aye. (Thereupon, favor of the motion.) MR. PARSHATJ,: approved as written. all those in favor give your consent all voting board members voted in Opposed? None. Minutes are The first case we have this evening, Board Case 2001-13, Luanne Hazzard, property located at 469 East King Street, variance for side yard setbacks for a deck that was put on the rear of the existing house. Bob, you need to give the -- would you give the notice announcement? 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WEAVER: If I might just for the record, tonight's meeting was advertised two times in the local papers. Contiguous property owners were notified in writing. The properties were posted with the zoning notice and there was also a notice posted in the front window here of the borough office. MR. PARSHAT,T,: Who would like to speak to this case this evening? Anyone in the audience? MISS HAZZARD: I would. MR. PARSHATJ,: Would you state your name for the record? MISS HAZZARD: Luanne Hazzard. MR. PARSHATJ,: We take sworn testimony here, so if you would, raise your right hand. Do you swear or affirm that the information you are about to give is the truth? MISS HAZZARD: Yes. MR. PARSHATJ,: Anyone have questions? MR. HOCKERSMITH: Yes. Was this added before you bought or after you bought? MISS HAZZARD: After I bought. MR. HOCKERSMITH: After you bought. You added it? MISS HAZZARD: Yes, I did. MR. Pi~I-IAT ,T,: Luanne, this is slightly less than t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the width of MISS HAZZARD: MR. PARSHAIJ,: MR. CRESST,RR: the house it appears; is that correct? Yes. Any other questions? No. MR. HOCKERSMITH: Anybody have any questions? MR. PARSHATJ,: Anybody in the audience who wants to conr~_nt on this application? there being none, Okay, this variance. MR. MR. I'll move that we approve CRESSIgR: I'll second it, PARSHAIJ,: We have a motion made and second to approve the variance for side yard requirements. Any further discussion? All those in favor give your consent by saying aye. (Thereupon, all voting board members voted in favor of the motion.) MR. PARSHAIJ,: Opposed? Motion carries unanimously. Bob, would you please give Miss Hazzard the standard disclaimer. MR. WEAVER: Yes. There's a 30 day waiting period. The variance has been granted. There is a 30 day waiting period. Anything you would do within that 30 days would be at your own risk. MR. GILROY: What would she do, tear it down? 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for it. MR. WEAVER: Actually I can issue the permit now MR. PARSHALL: Next case is Board Case 2001-14, Neal and Sarah Lake for property at 325 East Burd Street. This is a variance for number of unrelated persons. Yes, variance for unrelated persons. MRS. LAKE: It's me. MR. PARSHAIJ,: Would you state your name for the record? MRS. LAKE: Sarah Lake. MR. PARSHAIJ,: Do you swear or affirm that the information you are about to give is the truth? MRS. LAKE: I do. MR. PARSHAIJ,: Any questions for Sarah from the board? MR. HOCKERSMITH: I have one. You're asking only until June the 1st that these people live in there? At that time it will go back to what the ordinance requires? MRS. LAKE: Right. MR. HOCKERSMITH: With that in mind, I would make the motion that we allow the variance until June 1st. MR. CRESSL~R: I'll second it. MR. GILROY: Before you vote, you ought to -- did you ask anybody in the audience if they have any questions? MR. PARSFIAT,T,: Not yet. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 do that. MR. GILROY: Before you vote, you might want to MR. PARSHATJ,: variance made and second. the audience on this case? We have a motion to approve the Is there any other co~f~ents from June 1 of MR. PARSHAT,I,: consent by saying aye. Any further questions from the board? MR. GILROY: That's a temporary variance until 2002 would be the motion. MR. HOCKERSMITH: Right. All those in favor give your (Thereupon, all voting board members voted in favor of the motion.) MR. PARSHAIJ,: Opposed? Motion carries unanimously. Did you hear the first disclaimer, the 30 days? MRS. LAKE: Yes. MR. PARSHAIJ,: Board Case 2001-15, C.R.S. Enterprises for property at Kenneth Avenue and Brookside Avenue. This is an application for variance for lot area size and dwelling unit size; is that correct? Two variances on this one? total MR. WEAVER: I think there's three. lot area from Section 150.37. It's for a It's a lot area from 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the same -- MR. PARSHATJ,: Lot size. MR. WEAVER: And number of units in a building. MR. PARSHAT,L: So there's three. Who's here to speak to this case this evening or corpulent on this case? We have a whole bunch of people so why don't you all raise your hand. We'll do one swearing in. Do you all swear or affirm the information you are about to give is the truth? Who would like to go first? I guess maybe the property owner or representative of the property. MR. COYNE: Yes, sir. If I might introduce ~fself, my name is Henry Coyne. I'm an attorney in Camp Hill. I represent the applicant. With me is Mr. Randy Goshorn of Bert Associates. Standing in the rear is Sean Tighe, T-I-G-H-E. The applicant is C Carol which is Seam's mother's first name. S is for Sean, so that's the C.S.R. What we are here, and R is for Robert, his father, as the chair mentioned to the board, is seeking some relief which we hope the board would favorably consider. Mr. Goshorn is the one who prepared the plan, and I would like him to try and give you a thumbnail sketch of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the overall concept of the development. It's unique in a sense as certainly you folks know, it's straddled by the township line as well as the borough so only 1.24 acres in the borough and I did -- what's the total acreage on the site? Total acreage is 4.67 acres. MR. GOSHORN: BY MR. COYNE: Q. Of that, 1.24 is in the Borough of Shippensburg, so would you outline for the board what is proposed to go on the site and then we will get into the specific areas which we respectfully direct the board to consider? A. I would like to enter the ptanas an exhibit. Do you all have plans or would you like a set of reduced plans? That's what we got. I have copies of those. Q. Randy, does the plan depict the boundary between the two municipalities? A. Yeah, it shows as you can see on the -- if you're looking at the plan on the right hand side, there are two buildings there, and then the township borough line is indicated going northeast if you're looking at the plan across the property, and what we have is two buildings approximately over in the borough. Three buildings are in the township, and pretty much the site was designed under township regulations, and the project does meet township criteria. No zoning has to 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be granted in this case. MR. PARSHAT,T,: anything? though. What about special exceptions or MR. GOSHORN: Conditions have to be granted MR. PARSHAT,T,: So it doesn't meet quite everything, you have to get some approval yet from -- MR. COYNE: We were at the planning commission approximately two weeks ago. approval. MR. GOSHORN: MR. GILROY: MR. GOSHORN: And we did seek preliminary Is that for Shippensburg Township? Correct. We'll be going before the supervisors on Saturday morning for that conditional use hearing. BY MR. COYNE: Q. The plan shows how many buildings? A. We show five buildings. As I said before, three in the township and two in the borough. Q. Is there a proposal on the site for a laundromat? A. Yes, there is. The laundromat facility is a private facility which will be located in the township. Q. Mr. Goshorn, I gather that this presently in Shippensburg Borough is in R-7 zone; is that correct? A. Yes, that is correct. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. However, because of the ordinance, is it not true that it -- the R-7 referred hack to the R-3 district? A. Yes, that is correct. In R-7 it states that 10 percent of said tract lies outside the borough. This lot cannot be used as an R-7 use, so that defers us hack to the R-3. Q. And under R-3, what are the criteria for construction of buildings as far as use within the buildings? A. Maximum number of units of the building is six, and then the density has to be 5,000 square feet hased on section 150.37.B, and then the lot area is required to be five acres also. Q. So if I understand your testimony then, there's only 1.24 acres that the landowner owns in the borough; is that correct? A. Yes, that is correct. Q. And to require a five acre minimum lot area, we submit, Mr. Chairman, that is a hardship in itself and the uniqueness of the situation, as I said, bounded by the boundary coming between the township and the borough. Let's go hack and try and address the 12 unit buildings in the R-3 section. What type of buildings are -- we're going to be putting two dwelling units, apartments in the township; is 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that correct? A. We'll be putting two buildings in the borough, yes, that is correct. Q. And would the -- do I gather then from your prior testimony that except for a conditional use from the township, it appears that the township would be satisfied with what has been presented to them to this date? A. Yes, that is correct. Q. And what type of zoning surrounds that area of the premises in question? A. We have the Acacia Fraternity property which is zoned R-7, andbeside that out towards King Street is located co~nercial. MR. GILROY: to where these properties are? Excuse me, can you point on the plan MR. GOSHORN: MR. GILROY: MR. GOSHORN: MR. GILROY: MR. GOSHORN: Street or Martin Avenue. Yeah. You see Martin Avenue? Yes. Acacia Fraternity House, that's -- I see, okay. Commercial is located out by King And then we have an R-5 zone above Sherman Avenue and then there is a small section of institutional zone that also attaches to Sherman Avenue. And then there is also an agricultural zone on the lower side of the property which is adjacent to Burd but 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that is in the township. BY MR. COYNE: Q. With regard to the -- are there any adjoining properties that have less than six dwelling units in this area? A. Yes. The houses located in the township, there aren't no properties that have more than six dwelling units. Now, in the borough, the Acacia house is a fraternity house so it has a number of students living there. I'm not sure what that is considered as far as dwelling units. MR. WEAVER: just for the record. MR. PARSHAI,T,: It's a -- MR. court battle MR. It's a single family dwelling unit It's not a single family house. That's the way -- when we lost that MR. PARSHALT,: MR. GOSHORN: Is there a shed or something? It's a moveable shed, and then we WEAVER: that's the way it was listed. GOSHORN: And then the adjoining Cohick property has no buildings located on it and that is right in this corner here. As you can see, there's no structures located on the Cohick property and then we also have the Locust Grove 13 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have the Locust Grove Cemetery which does have a shed on it. MRS. HODGE: Two sheds. MR. GOSHORN: That is correct. There is two sheds there. BY MR. COYNE: Q. Will you focus please on the lot area for which the applicant is seeking relief. What does the ordinance require and what are we seeking specifically from the board as far as -- A. Under Article 10, Section 150.37.A, that applicant is required to have five acres of property located in the borough to do a garden-type housing of con~plex with six dwelling units in a building. Our property only has 1.24 acres in the borough. The total acres of the lot again is 4.67 acres. So, even total, we don't meet the five acres. We only meet 4.67 is all that Sean has available to himself, and then also what we are proposing as far as density, we meet all the criteria in the township. We also meet -- they have no lot area requirement in the township, and so we do meet all those criteria, and then also all the adjoining zones have a higher density of housing than what we are proposing. The R-5 has a few -- most of you were looking at incremental changes. R-1 is 14,000 square feet. R-2 is 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10,500 square feet. 3,500 square feet. R-3 is 5,000 square feet. R-4 is R-5 is 2,500 square feet. What we are proposing is that each dwelling unit will have 3,390 square 5,OOO? MR. GILROY: MR. GOSHORN: MR. GILROY: MR. GOSHORN: MR. GILROY: feet per dwelling. What did you say 7 required? Seven -- It refers back to three which is Yes, that is correct. So you need 5,000 as per the ordinance and you are proposing how much? MR. GOSHORN: 3,390 square feet per dwelling. BY MR. COYNE: Q. I realize that this board is not a township body, but the Shippensburg Township, what do they require in their dwelling units? A. Township requirement is 3,000 square feet per dwelling unit, and we do meet that criteria. Q. With regard to off-street parking cars, accessibility, do you meet the township criteria on that? A. Yes. We meet the township criteria on the site. We also meet Shippensburg Borough criteria. What we have is, there will be three people per dwelling so that totals 180 people, and each person will have a parking spot on the property so there should not be a problem with parking. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. PARSHAI,L: MR. GOSHORN: facility and that will be private so... MR. PARSHAT,T,: It's not one believe is it, Bob? MR. GOSHORN: require 1.5 per dwelling unit criteria. the living -- MR. 180 parking spaces? Well, 185 if you count the laundry for one I don't If we go back to the R-3 they only so we more than meet that MR. WEAVER: This is one of those -- LAGE: Is there a certain square footage on WEAVER: That would be addressed by the BOCA Code, Property Maintenance Code. To have three, there's certain -- you have to have certain square footage of kitchen area, certain square footage of dining room area and living room area, and then bedrooms have to be certain square footage to have three. MS. LAGE: So these would meet that code? MR. GOSHORN: MR. WEAVER: interested. MR. COYNE: Yes, they will meet that code. I can get those numbers if you're We respectively submit that we have a unique situation here with four point some acres and being straddled by the township and the borough, we feel that what is proposed for consideration offers continuity to the 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 applicant as far as developing in the township and developing in the borough. It is from the applicants' standpoint it's looked at as a site. We have again, as we stated previously, a unique situation for the property divided between two municipalities. The applicant here, Mr. Tighe, one of the applicants, Sean, is a graduate of Shippensburg University and resides in the borough so you have a local contact, somebody who's not a resident from the area of Shippensburg. BY MR. COYNE: Q. Is there anything else that you would like to offer, Mr. Goshorn, for the board to consider? A. Just that we did receive preliminary plan approval subject toy our approval from the borough. Q. And the planning commission? A. Yes, that is correct. MR. PARSHAI,I,: The borough planing commission? MR. WEAVER: The borough planning COLL~L~ssion, yeah. MR. you would need a copy of those. MRS. HODGE: When was MR. WEAVER: MRS. HODGE: GOSHORN: And I do have those comments if that meeting? Second Tuesday of November. Did the residents and the people get 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 notice? MR. WEAVER: Those meetings do not have to be advertised. Those are advertised at the beginning of the year one time. Now, tb~t was a preliminary approval. They have to come in for a final also. MR. GILROY: But notices do not go out to adjacent property owners for the land development process. Only notices go out for the zoning variance process. That's why you did not receive notices in connection with that process. That's why neighbors didn't receive notices. I assume some of you folks are neighbors. MR. LARRY WATSON: I didn't receive any. I live on King Street. My propertyborders this. Street. MR. PARSHAT J,: MR. LARRY WATSON: MS. SUSAN FICKES: You don't border this on King I border the frat house. We border Martin Avenue. Mr. Watson and I live on King Street borough property. Martin Avenue goes into Brookside Avenue and the fraternity house and that is all close to where we live. MR. GILROY: Well, perhaps maybe we should make sure we leave the applicants finish their case and if any interested parties have anything to say, they'll be given that opportunity to keep the record in order. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GOSHORN: I would also like to state that Brookside Avenue ends as a township road at our property line. Acacia Fraternity has a private right-of-way through there, but nobody else has access through our property except Acacia house. MR. PARSHAT,T,: like a public street. MRS. HODGE: MR. GOSHORN: How is that enforced? It looks That's right. Well, it's really not. I don't know how they're getting access on Martin Avenue, Acacia, but they do have a right-of-way across our property. Anything we've ever seen only shows that Acacia should have access th_rough Brookside. There should not be a loop through Acacia Fraternity, but that does not deal with us. If it's open at the other end, we cannot keep somebody from coming through there if they're coming across Acacia. We are proposing speed bumps on our property to slow the Acacia Housing Fraternity people down because we have heard complaints that they are flying through there so we are proposing that. MR. PARSHAT,T,: If they're flying they don't have any shocks in their car. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CRESSLER: If you build these, to have on-site supervision? MR. TI6~E: Yes. MR. CRESSLER: What type? MR. TIGHE: Myself throughout the day, throughout Either myself or another representative working hours. would be there. MR. CRESSLER: MR. TIGHE: MR. CRESSLER: MR. TIGHE: BY MR. COYNE: as far as municipal available on-site? A. Yes, that is. are you going You'll live there? No, sir. I actually live in Forest Who will be there at night? The tenants. I realize this doesn't pertain to the board, but is that improvements of sewer and water, Actually there are existing borough water lines on the property which to our records don't have any easements granted to them currently and C.F.J.M.A. also has lines on the property, but they do have an easement granted to them. MR. PARSHALL: What is the proposed traffic flow for enter and exit in here? MR. GOSHORN: Can I get those numbers quick? MR. PARSHAIJ,: No, no, people are going -- they're 2O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 going to use either Kenneth or Brookside to get in this? MR. GOSHORN: Yes, that is correct. They will be accessing property through Kenneth and Brookside Avenue. MR. PARSHALL: Any other questions? MS. LAGE: Can we listen to some of the other cott,,ttent s ? MR. PARSHAI,I,: Well, I want this testimony, then go onto the next. to get through with MS. LAGE: Can we still come back to them? MR. PARSHATJ,: Well, yeah. I have no further questions at the moment. At this time from the audience. MR. HODGE: MR. GILROY: MR. HODGE: I would like to entertain comments Curtis Hodge. My question is -- You need to give your address. 3 Brookside Avenue, Shippensburg. Right on the corner if you're looking there at your print, it's the first place turning in there at Brookside Avenue. My concern here is that the gentleman said about currently right now Acacia house bas a right-ofzway through your property coming onto Brookside. Well, actually as long as I could ever remember living there and I have asked my township supervisors that, just like Kenneth Avenue, it's a dead-end road and the sign is erect that says dead-end road. Now, my concern to the township was why wasn't 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that road pertaining to be dead-end road like it was the sign states. I have been there living -- well, there all my life but -- MR. GILROY: Excuse me, like lived let me short-circuit you. This is a zoning hearing board for the Borough of Shippensburg as many of you know. The question as to what happens on this road in the township has no consequence to this board. They have no authority. They can't answer that question. You need to go to the township supervisors' meeting which I understand is, Mr. Coyne, this Saturday? MR. COYNE: MR. GILROY: MR. GOSHORN: Saturday. What time is that? 8:00 a.m. MR. GILROY: 8:00 a.m. at the township office; is GOSHORN: Yes. GILROY: And I'm not trying to cut you short that correct? MR. MR. but -- MR. HODGE: said about the right-of-way. here. MR. midnight, but hearing board -- I was just questioning about what he Then there's no needs to be GILROY: You can co~mlent all night until if the comments have no bearing to the zoning if they relate to the township, they should 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 go to the That's my only cot,u~nt. township, not to the borough zoning board. borough, don't understand. MR. GILROY: MR. LARRY WATSON: If half the property is in the why shouldn't we be able to talk about it? I The question was, sir, the roadway. This zoning hearing board has no jurisdiction over that roadway. It's that simple. Period. You can cc~nent on anything else but the questions about why it's a dead-end or not a dead-end, this zoning hearing board has no authority over that. You can talk to the borough council members about that -- MR. PARSHAIJ,: Township supervisor. MR. GILROY: -- and the council. to, have any authority over the roads. If they want I mean, but the zoning hearing board certainly doesn't Avenue, wasn't he? MS. LAGE: Some of that road is in the borough It looks like -- He was talking about Kenneth Just to clarify, there are parts of the functional road at Brookside that are in the borough. MR. PARSHAT~,: Down byAcacia -- MS. LAGE: Yeah. MS. LAGE: though, isn't it? MR. PARSHALL: MR. CRESSLER: 23 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. PARS~L~T,T,: -- that piece. MR. HOCKERSMITH: Yeah, it's in the borough. MS. LAGE: I believe that we're not trying to say that we don't welcome con~nents about the project, any questions about the project. MR. BELL: Carl Bell, President of Locust Grove Cemetery Committee. I heard this gentleman saying that he's going robe there in the daytime. I've lived there all my life until I moved from Carlisle. Just this summer as you -- these kids are going to be down there. They're in our yard, my nephew's yard that he pays tax on. They walk right through the yard over the fence. Now, if he's going to put all these units down there and nobody is going to be there at night when they're throwing beer bottles, taking the clothes off the women, all laying in his yard, who's going to take care of that? Because like I told him, if it been the day when I was home when they come over my fence, them. Nobody -- you know, I would have shot because this area, we know where it's at, Pumpkin Center, anybody that's from here, if not it's Brookside Avenue. You know, you're letting these people run wild just because there's ground you build something there and you make money off it and forget the people that lived there all their life just because there's 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 money involved in it. I mean, nobody minds building buildings if people is going to maintain and tell these kids like who's going to control the traffic. They come down there with these cars now. If there's a little kid runs out in that road, they got it. I guarantee it. They're drunk. The cops have picked them up drunk, and if somebody gets hurt and then somebody gets mad because they hurt them, we know who's going to suffer, the person that hurts the person that hurt the kid. You know, all's we're here trying to find out is anybody going to look out for the little guy. We know there's money involved. And you don't buck a lot of money, but who's going to look out for the little guy. Peoples worked all their life to have property down there. You don't w~nt people just doing whatever. They say you don't take care of your property. Okay, you take care of it. Now they put something up, put 600 kids in there that don't live there that don't care. Like closed road, I drove the whole way through there my whole life, my whole life. He's talking about a closed road. know. MS. speed bumps, See, they're talking things they really don't BALTIMORE: Mai Baltimore. He said about the but the speed bumps should be once they get 25 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 passed their area because they're going to go -- they go fast. Also our cemetery, the institutional area, they have destroyed everything we put up there, sheds, tombstones, historical tombstones. Nobody has done anything. We reported it to the police. We know they've done all they can, but someone is up there destroying the cemetery. Now, we would like to have some guarantee prior to erecting any building some kind of barrier to keep the people or the animals out of the dead people's resting property. place. MR. put posts up, BEIJ,: Like I said, you give us permission to they tear the concrete posts out. MS. BALTIMORE: Yes, everytime you go up the posts is down, concrete posts. MR. BELL: And they are going next to our So I guess we have some little bit of say about that. They need to put a fence or some kind of -- so that they can't walk through it. MS. BALTIMORE: And party at night or during Halloween or whatever. MS. LAGE: Do you know how the law enforcement will work on such a property given that we no longer have a joint -- 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. PARSHAT~,: State Police. MR. LARRY WATSON: That's a joke. State Police will never get there. MS. LAGE: That's my question, who and how. MR. PARSHATJ.: If it's on the two buildings in the borough, does the borough police go and does the other three the State Police go? MS. FICKES: That's one of my concerns. MR. WEAVER: With the risk of sticking my foot in I would think that's the way it should happen. MR. HOCKERSMIT~: We all know wb~t does happen. MS. FICKES: MR. WEAVER: MS. FICKES: call the State Police. MR. WEAVER: Is Acacia in the borough? Yes. Because they have told me we have to No, that's in the borough. That's definitely in the borough if you look at the plan, the plan that they have there. MS. FICKES: A Shippensburg borough police officer told me that. That was one of my biggest questions when I came here tonight, who was going to provide. Okay, that's my next thing if -- MR. HOCKERSMITH: I have a question. Have you thought anything about the cemetery, how you would control what goes on down there in the cemetery? 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GOSHORN: Yes. We are proposing to put a fence up to keep the kids out. Plus, if you will look at the plan, they're going to have to climb a 10 foot wall to get across there. If you can look at sheet four, there is a proposed retaining wall which is approximately 10 feet high and we're also proposing to put keep the kids out. MS. BALTIMORE: of fence? MR. TIGHE: discussion for that. That's one thing that I'm open to 12 foot. Concrete fence. You say you're proposing a fence and retaining wall. Where would the fence be, on top of the retaining wall? MR. GOSHORN: Yeah, it would be up towards the property line. That would probably be the best location for it I would imagine. MR. PARSHAIJ,: Back from the retaining wall towards the cemetery further back from the wall? MR. GOSHORN: Yeah. MR. COYNE: The applicant is not adverse to putting -- trying to put in protection for the folks in the a fence and shrubbery along there to Shrubbery. What type? What type MR. LARRY WATSON: MS. BALTIMORE: MR. PARSHAT,T,: 28 1 2 3 4 5 6 7 8 9 10 11 12 · 13 14 15 16 17 18 19 20 21 22 23 24 25 cemetery. you wise guy, assulile, That will be addressed. MS. BALTIMORE: It needs to be addressed now if -- we would like to have your word in writing. MR. COYNE: It's on the record, and not to be a but that comes with your site development, I Mr. Gilroy, is that correct? MR. GILROY: Fencing does, but the board does have authority to impose reasonable conditions if it's going to approve a variance. MR. approval that, approval. ma'am. COYNE: We're open. PARSHAIJ,: We could attach a conditional you know, a fence be put We do have that -- MR. COYNE: We're willing to do that. MR. PARSHAIJ,: -- option available. Yes, in as part of the MRS. HODGE: Nancy Hodge, resident of Brookside, and I'm speaking on behalf of two elderly gentlemen that live down there. The one gentleman's name is Mr. Parker. His property is right -- it's the trailer that they're going to make him move because he's so many feet over. Is he going to have a fence put up because he's going to be right next to you, not near you or around you but right next to where you're telling me you're going to have this? 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The man is 80 some years old, and I'm sure he's done already seen enough and heard enough from those that come there that he definitely doesn't want to have all this, another 180 kids tramping through his yard. I feel that it's time for them to put some out on the campus and let them party out there for a little bit. MR. PARSHAIJ,: You're referring to the trailer behind building three? That's what it looks like. MR. HODGE: Yes, three. MR. GOSHORN: Again, if I can state, that trailer is in the township and we can deal with that at the township meeting. MR. PARSHAIJ,: I mean, I can't address that here, but it sounds like a reasonable request. That's off -- Hubert, see that? the corner of MR. MR. GILROY: Yes. GOSHORN: If I can state in the township criteria anywhere there is a single family dwelling and we are proposing this use, they are required to do landscaping and some kind of barrier. I don't know how that's think what they call MR. TIGHE: MR. GOSHORN: against his property, that. Isn't it Ye ah, stated, but I'm trying to called screening? some type of screening and again his trailer is across our 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 30 property so he is encroaching on our property and we are aware it has been like that for a long time, but that was not our fault. It was put in that way. MR. HODGE: Nor his. rights. MR. HOCKERSMITH: How many years? MR. HODGE: 30 years. They're grandfathered MR. GILROY: You have to get a lawyer though. MR. HODGE: Curtis again here speaking. About I know this again is township and you are calling it BEIJ.: Carl Bell again. Is this road you have going to Brookside and Kenneth Avenue, is that going to be one-way traffic or two-way traffic? traffic. MR. GOSHORN: MR. That's proposed to be two-way Do you know how small that road is? It's going to be widened. township. regulations. MR. the -- the screening with the fencing, but they didn't make them screen, no fencing where they tore the little school house down and there's no screening fence there between Rideouts and the other two complexes that are there. I mean, so are we guaranteed, sure, that there's going to be fencing now? MR. GOSHORN: You'll have to go through the They're the ones that have to enforce the 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BETJ,: How are you going to widen it? You ain't going to take my mother's ground I tell you or my sister's now I mean. How are you going widen that road? MR. GOSHORN: Where are you talking about? MR. BELL: Brookside Avenue. MR. GOSHORN: It's a two-way street. It's a township road. It's wide enough to be two-way traffic. We're not widening on any properties except our own. We are widening it 22 feet. MR. LARRY WATSON: How about Martin Avenue? You can't get two cars in that road. MR. GOSHORN: That's the borough road. That's an avenue. That doesn't adjoin our property. Martin Avenue does not com~ -- property. MR. WATSON: It has something to do with your They're going to your buildings. MR. GOSHORN: Again, I don't know from the plans Acacia property should not be accessing that I have seen, Martin Avenue. MR. MS. MR. people, parties? WEAVER: They are. LAGE: Does the borough -- LARRY WATSON: If you have parking for 250 how many are you going to park down there that have Are you going to park on top of one another? MR. BELL: When you call the cops they say -- 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. LARRY WATSON: Get real. MR. BELL: It's not funny. That's what will happen. This is serious stuff. MS. FICKES: Susan Fickes again. I kind of just echo some of the same co~ents, but my property does end at Martin Avenue. And like I said, I'm very close to the Acacia and that's why I'm concerned about this because Martin Avenue regardless of what is supposed to be is used probably exclusively by the fraternity house at high rates of speed and it's the only paved road. If you do down Brookside, it's a dirt road with large ruts. And when they do have parties now, you can barely get past to get through the alley because they do park on both sides of the road. We've called the police. They have been better about not parking on our property, but you're talking about -- I know we can't do anything about the township but 180 people more in that area for the borough, and I do live in the borough and I expect zoning laws to help protect all of us property owners on King Street. We live on Toll Gate Hill which is just being redeveloped. You're trying to get families in there, and I'm afraid if you get families bicycles and stuff in an alley, And also the property values. in there with children on that's not a goodmixture. How are you going to -- all 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that money put in their back yards and you are going to have not only the fraternity house but now 180 people in the borough let alone how many people is going to be in the township. I don't know what they're saying about dead-end It's not dead-end and there's a high rate of road. vandalism and the alley to our properties and vehicles. This has been going on and you are going to put all these kids down there. There's not sufficient lighting and that road, I don't know how are you going to accommodate that many kids even if Brookside is widened. If that road remains open, everyone comes from Sheetz, comes down from the college and everyone comes down that road to go to these parties, and it is a big concern. The other thing I was wondering about is police protection. Some of that was addressed earlier, but it is a big concern as to who we call. If you do get the State Police call, that takes time. MR. PARSHALI,: Acacia is no question. You call the borough police. MS. FICKES: I know. I'm going to investigate this one. MR. PARSHAI,I,: This we're not quite sure what would happen on the divided one like this. Any other co~nents on the zoning request from the 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 audience? MS. LAGE: section of the road. dead-end? Questions from the board? I had a question about that borough Does the borough consider that a MR. WEAVER: I think so. MR. PARSHAI,I,: It's come up in council before. MR. WEAVER: Yeah, Acacia Housing actually wanted us to pave Brookside Avenue, and we did extensive research on that and it's not a borough street. never has been. MS. LAGE: so that is not a through-road? no. It never was. It Is there any move to create blockades individuals wanted, council. MS. LAGE: Wasn't one put in at one point? I thought they put one in. I mean, that's something if that would be addressed at borough If this were all -- a hypothetical, all borough land, how many dwelling units woutdbe permitted on this if it were all in the borough which I know it's not? MR. WEAVER: How many square feet do you have total and divide that by 35,000. MR. PARSHAT,T,: MR. WEAVER: No. MR. PARSHAT,T,: MR. WEAVER: Honestly I would say at this time, 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tO. because MR. HOCKERSMITH: It's 4.67 acres. MS. LAGE: But no more than six dwelling units MR. WEAVER: MR. GILROY: MR. PARSIqAT J,: MR. Six per unit. For a garden apartment. Garden apartment is R-3. HOCKERSMITH: Yeah, that's what this MR. P~I~uqSHAT,T,: MR. GILROY: refers I thought Bob said we went to R-7 It's zoned R-7, and R-7 says any approved use in R-3. MR. WEAVER: It looks like 40.6. MS. LAGE: What was that? MR. WEAVER: Units. MR. HOCKERSMITH: How many? MR. WEAVER: 40.6. MR. GILROY: Applying the borough -- MS. LAGE: Applying the borough code over that land parcel, do you know what the density would have been? MR. WEAVER: So 41 for round numbers. MR. PARSHAT~,: 41 as opposed to 60. Any other questions? MR. HOCKERSMITH: 120 students as opposed to 180. MR. PARS~AT,T,: Yeah. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. LAGE: 60 students is quite a few. I look at 40 in a classroom. 60 at one time is a significant number. MR. PARSHAT,T,: Is there anything else we need to consider as being joint property? Any other twists in the law? MR. GILROY: Only in making your decision so you understand it, if they moved the two buildings, building four and five into the township, if they fit in the township and just put the parking all in the borough, the case wouldn't even be before this board. It would go before the borough planning commission and borough council only for approval of parking. That would be it. Then it wouldbe up to the supervisors of Shippensburg Township to make a ruling with respect to that, so it's certainly a difficult situation where you have two ordinances. One ordinance would allow this if this was all in the township and it would just need a conditional use application and the concerns of the residents should be addressed at that meeting. You have the option, just so you're aware since there's going to be a meeting -- the meeting, the actual conditional use hearing on Saturday? MR. GOSHORN: supervisors' meeting. MR. GILROY: It's going to be part of the Okay. The supervisors may impose 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 some conditions themselves so if you're inclined -- because some of those conditions may address some of the residents' concerns, you could suggest to the applicant if they would be willing to table this until your next meeting and reopen it at that time to see what type of conditions were imposed if you're concerned about that. If you're not, then you just make your decision based upon the plan that's before you and you can impose some reasonable conditions related to the requested variance, and one of the concerns may be if some of your conditions conflict with some of the conditions imposed by the township, but the applicants seem to be saying they are going to put up fencing. There's an issue as far as what type of fencing. Is that right, Mr. Coyne? MR. COYNE: Well, we're willing to do whatever the ordinance requires and maybe even go further on that to satisfy the concerns of the neighbors, try and impede the access of students crossing onto their property and onto the cemetery. That's hollow land so that should not be tread upon. here it says all township criteria are met for the -- that's so, why do they need a conditional use permit? MR. GILROY: Well, that's not so. Am I correct that the township requirements are that you obtain a MR. PARSHAI,I,: Hubert, the variance request states if 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conditional use? MR. GOSHORN: MR. GILROY: as of yet? MR. GOSHORN: MR. PARSHAT,T,: Yes. Okay, and that permit is not obtained Correct. Is the township conditional use sort of similar to our special exception? MR. GILROY: No, conditional use goes before the supervisors. It's a permitted use so their representation that this is a permitted use is correct, but a conditional use is a permitted use which is allowed subject the governing body, township -- MR. PARS~SALL: And that's similar to when we hear special exceptions? MR. GILROY: Sort of, yes. A special exception is a permitted use. It's not a variance. It's not special and it's not an exception. It's a permitted use subject to certain criteria and certain conditions, and that's what a conditional use is also. MR. CRESSLER: I would like to, if they will, postpone it or whatever until we hear what the township has to say. MR. GILROY: This board has no -- and the record is still open. This board has no authority to just table tO review by and in this case because it's the 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it -- well, you could defer your decision, but the record is closed and there would be no further evidence presented at the next hearing. You don't have to decide this evening. Mr. Coyne, at least one board member is suggesting that perhaps this board leave the record open until we find out what the township did. We recognize that may involve some delay, but that could only be a request made by the applicant. MR. COYNE: Well, on behalf of Mr. Tighe, we have no objection, sir, if the record remains open and we respectively request that decision of the board be withheld until -- MR. P.z~RS~T,T,: meeting, Bob? Wednesday the 19th, so that's -- make MR. PARS~{AI,I,: that? MR. COYNE: MR. GILROY: Can we put this on the December's Yeah, our December meeting is aware that basically what we're saying is this board because it doesn't control things, what's happened in the township before it makes a decision, it wants to hear what the township does and their action is going to be Saturday morning. I know they meet early. We'll be here. 7 p.m. Folks in the audience, you should be Wednesday the 19th. Can you 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HODGE: 8 o'clock. MR. GILROY: SO if you're so inclined, you could attend that meeting, and then this board will convene again a month from now on the 19th at 7 o' clock and the record -- for the record, the record will remain open to take additional evidence, specifically what happened at the township meeting. Is that satisfactory, Mr. Coyne? MR. COYNE: Yes, sir. MR. PARSHAI,L: We appreciate your cooperation in agreeing to table this until the December meeting. MR. COYNE: We're willing to leave it open and let it be addressed. MR. PARSHAT,L: Thank you. MR. GILROY: ~kre we going to close the record on this case until the 19th? MR. PARSHAI,I,: Until the 19th, yes. Okay, we need to set calendar dates for 2002. MR. WEAVER: First question is the third WednesdayI still good for everyone? MR. GILROY: MR. WEAVER: MR. GILROY: every once in a while. What did it used to be? Fourth Wednesday. I'm just running into a conflict I represent Emergency Health Services Federation of Central Pennsylvania and they meet -- when their board meets it's every quarter but it's always 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the third Wednesday and I 'ye missed a couple of meetings because you folks have kept me so busy down here. MR. PARSHATJ,: We can't go back to the fourth? MR. WEAVER: Historical Review Board has taken the fourth Wednesday. MR. HOCKERSMITH: We rescheduled a lot of them anyway, you know. MR. WEAVER: We can do that. First Wednesday of the month is open too. MR. GILROY: Ail right, if I know in advance that I'm going to need a meeting date, can I just ask Bob to poll you to see whatever other dates because it's a matter of we advertise it anyhow. MR. PARSHAT,T,: We did that this year a couple of times. business? MR. HOCKERSMITH: Keep it the same. MR. WEAVER: 7 o'clock. MR. PARSHATJ,: Third Wednesday. Any other MR. GILROY: about your appointment? MR. PARSHATJ,: Well, did you mention something You want to talk about that. Yes, that's the last item of business I have. I will be resigning from the zoning hearing board effective the end of this meeting tonight. MR. HOCKERSMITH: Since he's involved in this 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can't he MR. MR. MR. stay on this? PARSHAT,T,: I can't. HOCKERSMITH: Why not? PAJASI-UkT,T,: I will be a sitting member of council come next Wednesday. MR. HOCKERSMITH: They had a sitting member of council on the water board. MR. GILROY: That's different. There's per se conflict of interest between the governing body and the zoning hearing board, and you can't sit on both boards. MR. PARSHAT,T,: This board is unique in that you cannot do anything other tb~nn this board. MR. HOCKERSMITH: other boards like that? MR. GILROY: Well, then why isn't any of the For example, this board maybe reviewing and deciding on the constitutioD~lity of a borough's ordinance so you would be finding borough council -- MR. PARSHAT,T,: any choice. MR. HOCKERSMITH: me. meeting? MR. GILROY: MR. PARSHAT,T,: It's state law. We don't have That doesn' t make any sense to When's the next borough council Tuesday, next Tuesday. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 43 MR. GILROY: Just as a suggestion and not to -- you serve the prercx3ative of borough council but if they appointed Andrea to fill your spot, then she would be able to vote at the next meeting. MR. PARSHATJ,: MR. GILROY: MR. PARSHATf,: MR. GILROY: Possibly. If she showed up. No. If they appointed her. I'm not saying they are going to appoint her, but if they did. If they appoint somebody else, we should have a transcript of the meeting so that the new member might -- MR. PARSHAIJ,: Correct. MS. LAGE: We should know by the fourth if that's possible. MR. PARSHAI,I,: We'll know next Tuesday how all of the pieces of the puzzle are going to fall in place. MR. PARSHAT,T,: MR. CRESST,~R: MR. GILROY: Any other business? No. Let the minutes show that the solicitor appreciated working with the chairman during his stay on the zoning hearing board and wishes him luck. sides, MR. PARSHAI,I,: MR. CRESSr,W.R: MR. PARSHAI,I,: so moved. Thank you. And the board members. On motion to adjourn from both 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Thereupon, the meeting was adjourned at 8:01 44 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "c hereby certify that the foregoing is a true and correct transcript of testimony taken by me in the above-entitled matter. Diana L. Sy~no~ ~ Court Reporter 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TRANSCRIPT OF PROCEEDINGS OF MINUTES OF ZONING HEARING BOARD BEFORE: Zoning Hearing Board J. Lee Hockersmith, Member William Cressler, Member Robert C. Weaver, Code Enforcement Officer DATE: December 19, 2001, 7:00 p.m. Shippensburg Borough Office 11~ North Fayette Street Shippensburg, PA. 17257 APPEARANCES: Hubert X. Gilroy, Esquire, appears as Solicitor for the Zoning Hearing Board. Henry F. Coyne, Esquire, appears on behalf of C.R.S. Enterprises. DIANA L. SYDNOR Court Reporter 31 Cramer Road Shippensburg, PA. 17257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to order. MR. CRESSLER: We'll call the zoning hearing board First thing on the agenda is the approval of the minutes from the November meeting, November 28th. MR. HOCKERSMITH: I move we approve the minutes. MR. CRESSLER: I'll second it. All in favor, consent by saying aye. MR. HOCKERSMITH: Aye. MR. CRESSLER: Aye. Opposed? Carried. The only case we have is 2001-15, C.R.S. Enterprise for land located at Kenneth Avenue and Brookside Avenue. If anybody here is going to testify tonight, would you raise your right hand to be sworn in. We'll do it all in a mass. (Thereupon, the oath was administered) MR. CRESSI.~Rf Who wants to begin? do you want -- do you have something you Carl, want to say? MR. COYNE: I'm Henry Coyne. I represent the applicant. I would like to present for the record Conditional Use Permit No. 20-4 granted by the Shippensburg Township Board of COLL~L~ssions last Saturday, and there's eight conditions imposed by the board of supervisors. I provided a copy of this to your counsel, and I 3 1 2 3 4 5 6 9 10 11 12 13 14 15 16 ' 17 18 19 20 21 22 23 24 25 would like to pass this up to you, Mr. Chairman. At this point I would like to call upon Mr. Bert who will address your consideration. MR. BERT: Carl the issues as he perceives them for Thank you, and I apologize for not being able to be here myself at the last meeting but hopefully Randy did a good job for us, but let me pick up on a few things, you know, really for the benefit of all of us. The main reason we're here is because this -- %under a section of your ordinance and it relates to the section under R-7. I picked up the wrong book. MR. HOCKERSMITH: MR. BERT: Yes, MR. HOCKERSMITH: Truly. MR. BERT: a Christmas present? Well, which this project Carl, may I say something? you may. I missed you the last meeting. thank you. Are you looking for MR. HOCKERSMITH: No, no, no. MR. BERT: But under the R-7 Residential District is in, one of the permitted uses is fraternities, but when you look under that, there's a section of the ordinance that says about that in order to do that there needs to be, and I'm down on page 150.43 of your ordinance. It would be under Section 15-16, Item 2-G. It says for the purpose of consistency for 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 municipal services such as police protection in connection with such use, any stracture on a lot or tract of land subject to such use shall be entirely within the borough and mn no case shall be more than 10 percent of said lot or tract lie outside the borough. Well, very obviously I think we introduced the last time I think the fact that approximately two thirds of this lot does lie outside the borough and if it were not necessarily for that section, we wouldn't necessarily have to be hear for relief so it's a hardship really created by the placement of the borough line. And that's something that none of us can really do much about. It's just one of those facts, and we do desire to have a unified project. That is the purpose that we're here and because we have differing regulations'in the two municipalities that brings us here. You had presented to you the fact that there was a conditional use permit approved by Shippensburg Township and while that was introduced for the record, I'd just like to run through those conditions because I think maybe those conditions may have some applicability here in the process so let me point them out to you, and I'm just going to go down through the eight items as you have them on your list. The first one dealt with the developer constructing an eight foot high chain link fence along the 1 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property on his property that abuts the Locust Grove Cemetery, and you're probably aware -- of course what's outlined here in red is our property. I'm going to flip to a larger sheet that shows the same thing. This is the Locust Grove Cemetery right in here, and one of the things Shippensburg Township wanted us to do was to construct a chain link fence along these property lines that this property has in common with the cemetery. This would be a fence constructed one foot inside our property, not on the cemetery property so that the fence can be installed without anybody going onto the cemetery property. It would be installed at the developer's expense and so on. The second item was the developer will construct a fence and landscape screening along the properties that' abuts the Parker, Canaan and Elhajj properties. This would be the property line right along here. The combination of a fence and screening to screen and also to prevent people from coming over onto those properties. Third, the developer will construct a four foot sidewalk along Kenneth that will connect internally with the apartment complex. There was discussion at the township, 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and I would imagine here too about where pedestrian traffic is going to go and, of course, I think we pretty well know it's going to go towards the university, so we would connect this sidewalk into existing sidewalk along Kenneth so that there would be sidewalks all the way out to Britton Road. And, four, the developer will install a no exit sign at the apartment complex driveway entrance off of Kenneth Avenue. This will prevent tenants from exiting onto Kenneth Avenue, however, tenants will be permitted to enter the complex off of Kenneth Avenue and what we're making reference to here is and we did this in consultation with the supervisors and Shippensburg Township. They desired that we not have any more traffic exiting Kenneth onto Britt~n than necessary so there will be a no exit sign at this point right here so that traffic leaving the complex will need to go down and out Brookside Drive. The site distance and the whole arrangement is a little better out on Brookside Avenue than it is where Kenneth comes out. Yeah, you follow me there, Lee? You look like you have a puzzled look on your face. MR. HOCKERSMITH: I see where you're going to exit out onto Brookside. MR. BERT: Well then Brookside goes out next -- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 goes out onto Britton and we have something else in relation to Britton here in a minute, but that would generally prevent people from the apartment complex coming out Kenneth and on to Britton. And then, five, the developer will construct to township specification and dedicate to the township an extension of Brookside for approximately 415 feet to the Acacia property at 100 percent of the cost to the developer. This road, this is Brookside Avenue and this is the end of the public road. This is public out this way. The developer would construct this section of road to the property line to township specifications and dedicate that to the township. That comes -- what that would do, that gets rid of that -- oh, that rutted up'road that's in there now. Originally we had proposed to improve it but we were not proposing to dedicate it, so they made that one of the conditions that they would like to see happen. Number six, the developer will construct a four foot raised sidewalk along the extension of Brookside Avenue from the entrance into the apartment complex to the Parker property at 100 percent of the cost to developer. And what we're talking about from this point right here we'll connect this sidewalk and then along Brookside, okay. Now, and at that point let me talk about an item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or two items that are not on this list that was supposed to have been, and that is the developer will also continue this sidewalk on out along Brookside Avenue to Britton Road so that there will be a sidewalk all the way out to Britton and also improve the width in the pavement on Brookside to Britton Road. Those two items are not on your list, but they were part of the motion that actually happened at the township. Number seven, this apartment complex will be limited to three residents per unit. Now, that was one of the main things that got discussed at the township and maybe legal minds could address this better than I could, but I think they came to the conclusion that the township have the right to make that one of ~heir conditions and they choose to do so. I think that fits with the requirements here at the borough and then that way there is that consistency. So that is one of the conditions, and quite frankly that's the way our parking and everything else is set up on the plan. And then number eight, the apartment complex will have 24 hour on-site management with phone number supplied to the ~ownship and also posted on property so this manager can be contacted i~nediately when necessary. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In other words; they are requiring as a condition that there be an on-site manager, okay, and I think that takes care of those conditions. I just want to point out to you again that there are numerous things in relation to the land development plan, engineering details, construction details, but at this point this plan has been approved with conditions by both the borough planning co~nission and the township planning co~nission. Both of the engineers for those two municipalities have reviewed the plan and basically the plan is in compliance. There's a few little things that need to be taken care of on the final plan but they are relatively minor. And let me point'out to you this. You are probably aware of this. This area is zoned as R-7 and if you look at your ordinance it's pretty clear that this is the area of the borough that whoever adopted the zoning ordinance intended for students to be because this is the area where they have indicated fraternities and sororities to be placed. It's the only place in your ordinance that they are permitted uses, so we construe that to mean and I don't see how 'you can do otherwise to indicate that this is where somebody wanted student housing to be located. And this is 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 really a continuation of that. Likewise, the density that we are proposing is within permitted uses. And there seems to be some confusion on that at least what was reported in some of the newspaper articles. Under the R-7 your ordinance permits 30 students per acre and I think maybe Bob Weaver could confirm that. Does that sound right to you, Bob? Let me help you out. It's on -- MR. WEAVER: Here it is. MR. BERT: It's the last page of R-7. It would be Section L. In my book it's at the top of the page. It's 150-16 and then item L at the bottom. I'm under R-7, item two, item L, no building shall be designed to or ho~se more than 30 students per acre. Now, if you take then the the area that's within the borough, could have 37 students there. Now, of course, that's only a part of the project. The rest of the project is in Shippensburg Township so when we take the density permitted in Shippensburg Township it's 3,000 -- let me back off. Well, yeah, the way they stated it's 3,000 square foot per unit with three students and that equates to 1,000 30 students per acre and that would mean that you 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 square feet per student, and when you take the area in Shippensburg Township you're allowed to have 149 residents -- or students and that would mean then if you add those two together, you could have 186 residents. We're proposing 180 so we are within the density requirements when you put the two together as one combined project, and I think at the last meeting at least this was reported to me that the question was raised whether or not this project could be made to work without this approval, and the answer to that is, yes, except we do get an odd configuration. It is possible and I'm going to go back to a previous drawing. This being the municipal line, it is possible for us to place all five buildings over in the township and only parking {n the borough. Now, that really doesn't make sense though from a good pl-anning standpoint. It doesn't give us a good configuration. We think it's probably better to keep our parking more centralized, and quite frankly, I don't think it's a good deal for the borough because then you would get the parking and no tax revenue. We think it's better to have it split about the way we have it, but I point that out to you that it can be made to work without this, but we're desirous of this layout 12 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because we think it's better for all persons involved. that concludes my presentation. MR. COYNE: If I might, Mr. a legal memo to Mr. Gilroy, your solicitor, like to summarize that. Coyne, our position there? And Chairman, I submitted and I would just MR. GILROY: I have provided a copy of that, Mr. to each board member. Does the board have any questions of I don't want to burden you, but I'm here to try and explain or expound upon what we're proposing, the uniqueness of the 1.24 acres and also being split by the township borough line, triangular in shape, the parcel that remains in the township -- 1.42 acres in the township of approximately six acres. It's impossible ~or us to meet the requirement of the five acres in your zoning ordinance so we cannot conform. We feel it is a hardship to compel compliance with the standards in the ordinance and if this board's due wisdom does grant it, we submit it's going to be minimum of what we're asking as far as the belief so we're not asking for something that's large. We're asking for de minimis deviation from the current 'zoning, and I submit one unique consideration here is that where there's a split between two municipalities, it 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 should be viewed based upon two Commonwealth Court cases that you try to look at the entire project in its entirety realizing that this is the borough, however Shippensburg Township there has been compliance there with their zoning requirements so it should transcend essentially to municipal boundaries and the doctrine of unity of use. We have the same use in your municipality, two apartment units and the unity of the other three in the township. So I submit that what we're asking is nothing outrageous or nothing that is going to be in a position different in the character of the neighborhood that's there now. They're not trying to come in and change. As was stated by Mr. Bert, that's the only area that is permitted for student residential use in your zonin¢ ordinance, so if you have ~ny questions, I would be glad to try to answer them. MR. HOCKERSMITH: Mr. Coyne, you said about hardship, that it's a hardship on you, on your people that you're presenting the case for. the property owners down there? hardship on them? What about the hardship of Don't you consider this a MR. COYNE: I'll defer to your solicitor on that, but the hardship I submit has to be directed to the parcel in quest'ion that we're asking your consideration for deviation in the standards. I submit -- I'm not trying to 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be evasive, Mr. Hockersmith, but I don't believe that is the standard for the zoning hearing board to look at. I think you have to look at the parcel in question to see if that is a hardship when you impose upon that parcel the standards in your zoning ordinance. MR. HOCKERSMITH: I understand that, but then I still think that these people have a right. MR. COYNE: True. MR. HOCKERSMITH: Another question on your case where the whole thing should be considering the whole area -- MR. COYNE: Right. MR. HOCKERSMITH: -- that the Supreme Court of -- Pennsylvania Supreme Court has taken the solecistic viewpoint when making decisions on eminent domain cases. Is this an eminent domain case? MR. COYNE: This is not an eminent domain case, but I submit it's maybe a first class cousin. It deals with land use. Eminent domain is taking bymunicipality or the CoL~=~Lonwealth or whatever purpose it might be, a road, an airport. MR. HOCKERSMITH: Is this taking it though by a municipality or -- MR. COYNE: No, I'm not submitting that it is, but 15 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'm saying I feel that the doctrine cannot by implication be suggested that this would be a unity of use concept that you could apply to the application. It's not a taken, no, oh, it's not. MR. GILROY: I have one question for the record. The conditions imposed by Shippensburg Township, is your client agreeable to meet those conditions? MR. COYNE: Yes, sir. MR. GILROY: So there's no plan on appealing the conditions on the conditional use? MR. COYNE: Am I correct on that? MR. BERT: Yes. MR. COYNE: My client indicates there's no desire to appeal that, Mr. Gilroy. And certainly as was stated by Mr. Bert, a lot of the conditions deal with site development. If relief is granted here, I have to come back to the borough and to the township after preliminary plan is approved with regard to the drainage, the vegetation, the shielding and so forth. Any additional con~nents or questions I might try to address? MR. HOCKERSMITH: NO. MR. COYNE: Thank you, sir. MR. CRESSLER: Any one? 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WOLTEMADE: Yeah, I'm Christopher Woltemade, and I want to present a couple of arguments not to grant the requested variance that deal with some different issues. In my view, the purpose of zoning is often -- or one of the many purposes of zoning is to provide a buffer between different types of land uses that may not be compatible adjacent to one another, and that's the intent of upholding the zoning so that you don't have something incapatible next to something else. You don't want an industrial park next to a residential neighborhood and so on, and I think there are a couple of critical issues where the current zoning would provide at least some more measure of a buffer than the planned development here. One relates to d~nsity, and I would argue that the facts were rather misrepresented or mispresented a few moments ago. If you look at the planned development as far as I can tell, there are two of the five buildings within the borough, and according to the calculations we heard, you could legally have 37 residents on that portion of the land. There would be 72 people in those two buildings. That's almost double the density of what's allowed in the current 'zoning and that really impacts that neighborhood. You're packing students in in a very tight space 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in a place that now supports single family houses with a neighborhood characteristic that is completely different. This is not a small change in that neighborhood. It is completely different. That issue I think has been brought up before. One other comment about the density as well. The whole parcel is something less than five acres, and so if you multiply out the 30 people per acre times something less than five acres, you have something less than 150 which as far as I understand is less than the number of residents planned for that site, so even if we forget about where the borough township line is and look at the whole thing as a project as we were asked to do if it were in the borough, it wouldn't be allowed under the existing zoning. The other issue Ghat I want to bring up which is perhaps something that hasn't been raised before but is a serious concern of my own is the impact of this density of developmenton the surrounding environment, and for those of you who know me, I've been working on studying and directly working on the quality of Burd Run and the Burd Run Water Shed for a number of years, and there's a substantial project just a few hundred yards downstream Of here that I've spent most of the fall working on trying to enhance the environmental quality of that stream corridor or just i~'ediately downstream from this. 18 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 At the university I have supervised three masters species that have to do with Burd Run and at lease five independent graduate student projects, one of which examined in detail the wetlands that are i~t'ediately adjacent to this property across Brookside Avenue, and the conclusion of that study was that that is probably the environmentally most sensitive and most important part of the Burd Run system within Shippensburg. That's where spring water comes back to the surface. The stream comes back up. The wetlands adjacent to there are going to take a hit with this kind of development. You've got essentially five acres under roof top and asphalt. There's going to be stormwater loaded with de-icing salt, oil and grease from cars and whatever else is out there that I realize there's a stormwater detention plan, but I tell you from ~5z experience that probably works fairly well in regard to flooding. It doesn't work very well in terms of water quality impacts, and I think that an additional issue having to do with zoning is we're not just talking about a buffer to the residents around there. We're talking about a buffer to the other kinds of land uses, and that's a critical part of the environment here. It's not within the borough, and the stream 19 1 2 3 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 downstream from there is not within the borough but borough residents certainly like to go down there and go fishing, take their dogs out and so on. I don't think it's smart planning to have one project 300 yards downstream that's investing $130,000.00 in improving that stream while we're allowing projects that are going to degrade the water quality just upstream from there. That's not good planning, doesn't make good sense so that's another issue that I wanted to bring up. I would urge you and I hope you would deny this request for a variance. Please just for a minute and, Lee, I think you were already doing this a few minutes ago, but turn the tables here and put yourself out here and imagine what you would be thinking if this was planned to be next to your house. I hope you think about because I suspect you wouldn't want living next door to you. MR. CRESSLER: cop~nents? Thank you. things in those terms 180 college students Anyone else have MRS. BALTIMORE: Mai Baltimore. I have two petitions that are against destroying the dignity of the historical cemetery. Also a contractor had suggested that we be 2O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 satisfied with see-through fencing which is what it is. This is a brick -- I mean not brick, concrete, I'm sorry. And this is the destruction that's been going on up there. Now it's down every other day everytime This is standing. you go up there. MR. MS. CRESSLER: Anyone else? FICKES: Susie Fickes. I'm also vigorously opposed to this going in. And I had the same concerns about the density issues and the zoning in that area. I think it's going to definitely have a negative impact on our neighborhoods in that area. I'm also concerned about the traffic. I know the proposed flow of traffic is Brookside to Britton and that probably will be so when they go to campus but as we all know, when they go out into our town they're just not going from their apartments to the campus. Queen and King street is already heavily congested. Martin Avenue which borders ~¥property and comes around to Acacia is already heavily traveled by the Acacia Fraternity and I'm concerned about that. It is not a two-way alley down there. You can't get in at the Queen Street entrance because of the house and the cement wall. It's already congested now. Plus the possibility of when they're coming in from town traveling Kenneth Avenue off of King Street at the furniture store and 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coming back. They all can be a nightmare, 180 cars. We already have more than that in that area when Acacia throws parties, so I know it's just a bad situation made worse, and I'm afraid that if you do grant this it will also set a precedent in the borough for future developers that have this small piece of ground of 1.2 acres and want to put 72 students on that you set a precedent. MR. CRESSLER: have anything, Lee? MR. HOCKERSMITH: Thank you. Anybody else? Do you No. I would just reiterate some of the things that these folks have said and I would like to add that this would impact the whole project, would impact the borough police enforcement which they will be called on to do even in the township where they supposedly have no authority because if the S~ate Police can't get there, they in turn call the borough police and the borough police responds, so that puts them -- they can be down there for a call at the borough project and be called over into the township part of the project so there's an impact on the police. I would also reiterate the traffic. 180 -- supposedly 180 vehicles more or less, the impact that's going to have on Queen Street on Martin, on Kenneth. It's going to be impacted greatly and on your apartment complex will have 24 hour on-site management with 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a phone number supplied to the township and also posted on the property so this manager may be contacted immediately when necessary. Now, I take that as the township's attempt at enforcing rules and regulations down there. And I don't believe that that's going to do it. And that's -- the only thing that the township can do is -- the people down there in the township could do is call the State Police and that's iffy if they will come because of the manpower situation. Shippensburg Borough is facing the same type of situation. That's all I have. MR. BERT: Bill, if I could respond to some of the things that were said here. I would like to ~espond first of all to the question of density. I believe if you do check the facts you will understand that what I presented in the way of the numbers on density is in fact correct. Where there needs to be a clear understanding is that we do have a municipal line through this property. We do have two different density requirements on this property. That is a fact. This property cannot be looked at just simply by the zoning requirements in Shippensburg Borough. Likewise, it cannot be looked at as just the zoning requirements in 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Shippensburg Township. If you wanted to i~pose the requirements in Shippensburg Borough to the whole tract, then by even a greater right because there's more property in Shippensburg Township, we could make the argument we ought to apply the requirements to Shippensburg Township to the whole parcel. We're not doing that. When I presented the density requirements, I took the requirements of the entire tract with the density permitted in each one. Now, I said earlier that it would be possible to rearrange the buildings to match the density requirements per municipality. That could be done so that's really not at issue here, but what I am stating is that if you take the density requirements of bo~hmunicipalities and apply it to this parcel, you could actually have six more here than what we are proposing. There was a statement made too about the character of the neighborhood. Let me reiterate again. The borough previously zoned this area as R-7 and specifically for college related activities. It specifically says fraternities and sororities. It is the only place in the ordinance where that is permi'tted, so it was clearly the intent of comprehensive planning and the previous ordinance that this area be 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17- 18 19 20 21 22 23 24 25 student housing. That's one of the reasons why this area was selected for that because -- and this was not the developer's thinking. This was the thinking of the borough to put student housing in this section of town. Right or wrong. I'm not here to debate that. I understand the feelings in relation to density and that issue, but that's the way this ordinance was set up. I've heard the arguments that, you know, there needs to be buffers. This area in the borough is zoned for this type of thing, and likewise it is permitted by a conditional use application in Shippensburg Township. We're not doing anything that's not here -- you know, we're not stretching'the limits. It's what's here. Now, in response I think to Lee and some other comments in relation to traffic impacts and all of that, I'll submit to you everytime anything happens it impacts us. Now, I think I can state this though, that the traffic impact in the Borough of Shippensburg is no different than if this development happens here or if it happens some other place let's say on out Britton Road. Granted the traffic is going to come into Queen Street. It's going to come to Sheetz. It's going to come to King Street. The traffic is going to come regardless -- 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 regardless of that location. You know, as the university grows, it impacts our streets. It impacts everything. It impacts our economy and, you know, for the most part, you know, our economy revolves around people. That's a part of life today. There was something indicated about the increased traffic coming out to Martin Avenue, I submit to you that can only happen if trespassing takes place. This property terminates at this location. The public road terminates at this location. For anyone from this property to get on Martin Avenue, they must trespass across private property of Acacia. Now, am I going to say they're not going to trespass, well, I don't kn~w. I mean, I'm not going to say they won't. Just in the very same way, you know, other people may well trespass onto our property, but the point is it's private property and they do need to trespass to cross township? Acacia. HOCKERSMITH: Carl, you said -- FICKES: Are you dedicating the road to the MR. BERT: Yes, but to this point, not through No, there is no dedicated -- MS. FICKES: It's totally up to Acacia to enforce 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if anybody trespasses. want MR. BERT: MS. FICKES: to do that. MR. BERT: MS. FICKES: That would be correct. I don't see any reason why they would I mean -- You can say what should be, but we all know that that road is used now whether it's private property or whatever it has been for years. Acacia comes from Britton Road up Martin Avenue and back and forth now so there's no reason to believe that people are not going to do it so it is going to impact Martin Avenue. What should be is not always what happens. I know as a fact that they're going to come up that way. There's no way to stop it. MR. BERT: What is being proposed here is not going to change or alter anything that Acacia people do. They're going to keep doing what they're doing. MS. FICKES: I'm just saying that's going to be a -- it's an open road to be used by anyone. That's basically what it has been since I've lived there and it's going to continue to be. MR. PARSHALL: If that's the case, Carl, why is there a need to have a dedicated black top road past the enC of the driveway on Brookside? 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BERT: tO the Shippensburg Township supervisors. proposal was not to do that but -- MR. PARSHAI,I,: It looks like it would make nice green space right alongside the stream. MR. BERT: I think rather they were trying to make sure that road was properly maintained. Right now if you look at it, it's kind of a -- it's a mess. MR. PARSHALL: It's not a road. MR. BERT: Potholes. MR. PARSHAT,T,: intended to be a road. You would have to phrase that question Our original MR. BERT: That's right. Well, it is intended as a right-of-way and a means of ingress and egress to Acacia, but it's been very poorly n~intained. There was one more thing yet I failed to respond to and that was the environmental issues. Ail of these get taken into account with, you know, danger species evaluations, erosion, sediment control, plans and all of that is part of the land development issues and we've addressed that on those plans. MR. WOLTEMADE: Would you like to elaborate on how you would address the water quality concerns and run-off from those parking lots? MR. BERT: We're obviously doing that through the It's not a road. It never was 28 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sediment basins and so on. MR. WOLTEMADE: How does that address the motor oils and road salts and those type of things? MR. BERT: I'm not going to sit here and tell you that, you know, it does not impact it. Just like as a matter of fact, you already have flowing into that location about 25 acres from the borough -- MR. GOSHORN: 55. MR. BERT: Yeah, Randy reminds me it's 55 acres from the borough up around Sheetz, McDonald's. In fact, everything from Washington Street, that whole corner of town does flow to an existing pipe and into that area now. MR. WOLTEMADE: That's true. That doesn't justify a 10 percent increase. increase. have MR. BERT: MR. GOSHORN: to control it. stormwater run-off. Well,' by no means is it a 10 percent But it's a controlled increase. So there is no increase from That's what we're required to do by your ordinances and that's what we're intending to do. MR. BERT: I might also add that I believe this -- I would have to double-check this, but I don't believe there's any other stormwater detention facilities in that general water shed. We MR. WEAVER: Sheetz. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BERT: I think there's a little bit subsurface under Sheetz but that's about the only thing. Everything else addressing that where all MR. CRESSLER: motions or just one? MR. GILROY: MR. CRESSLER: free flows and, you know, we are the others has not addressed it. Do we have to have three different Just one. Lee, do you have anything else? MR. HOCKERSMITH: No. MR. CRESSLER: Anybody have anything else before okay, I'll entertain a motion. MR. HOCKERSMITH: Okay, I'll move that we deny the variances. MR. CRESSLER: I'll second it. favor give your consent by saying aye. Denied. Ail those in MR. HOCKERSMITH: Aye. MR. CRESSLER: Aye. Opposed? I think that's all that we have, MR. HOCKERSMITH: Motion carries. right? I would like to thank the participation by the audience and the group. MRS. BALTIMORE: We would like to thank you. (Thereupon, the above-entitled matter was concluded.) 3O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'd~3UfR~u7 3, ~0Of-- I hereby certify that the foregoin~g is a true and correct transcript of testimony taken by me in the above-entitl~matte~ Dfana L. Sydnor Court Reporter COpy, BOROUGH OF SH1PPENSBURG ZONING HEARING BOARD 111 NORTH FAYETTE STREET P.O. BOX 129 SHIPPENSBURG, PA 17257 1NRE: DOCKET NO.: DATE OF APPLICATION: LOCATION OF PROPERTY: REQUI~STED RELIEF: DATE OF HEARINGS: DATE OF DECISION: BOARD MEMBERS 1N ATTENDANCE: DECISION OF ZONING HEARING BOARD APPLICATION OF C.S.R. ENTERPRISES 2001 - 15 NOVEMBER 7, 2001 KENNETH AVENUE, SHIP,PENSBURG, PA VARIANCE NOVEMBER 28, 2001 AND DECEMBER 19, 2001 DECEMBER 19, 2001 J. LEE HOCKERSMITH AND WILLIAM CRESSLER~ PROPER NOTICE OF THE ABOVE HEARING WAS GIVEN BY ADVERTISING IN THE NEWS CHRONICLE, SHIPPENSBURG, PENNSYLVANIA ONCE A WEEK FOR TWO WEEKS PRIOR TO THE HEARING AS APPEARS FROM PROOF OF PUBLICATION. ADDITIONALLY, NOTICE OF THE HEARING AND THE APPLICATION WAS SENT TO ALL ADJOINING PROPERTY OWNERS, POSTED ON THE PROPERTY iN QUESTION AND POSTED IN THE BOROUGH OF SHIPPENSBURG OFFICE. FINDINGS OF FACT THE BOARD HEREBY FINDS THE FOLLOWING FACTS: 1 Applicant is C.S.R. Enterprises, c/o Sean P. Tighe of 9767 Forrest Ridge Road, Shippensburg, Pennsylvania 17257. ~ Board Member Earl Parshall and Board Alternate Andrea Lage attended the November 28, 2001 hearing. However, both Members resigned from the Board prior to the Board's December 19, 2001 hearing and decision. 2 Applicant seeks a variance with respect to land on Kenneth and Brookside Avenue, which is located partially within the Borough of Shippensburg and partially within Shippensburg Township (Subject Property). 3 Lawrence B. Royer and Alice B. Royer own the Subject Property, and the Applicant is equitable titleholder pursuant to an Agreement of Sale between Applicant and the owners. 4 Applicant seeks various variances in order to construct two twelve (12) unit apartments buildings at the Subject Property on land located in the Borough of Shippensburg. DISCUSSION AND FURTHER FACTUAL DETERMINATIONS The Subject Property is 4.66 acres, with approximately 1.24 acres located in the Borough of Shippensburg and 3.42 acres located in Shippensburg Township. Applicant proposes to construct five (5) apartment buildings on the Subject Property, with each apartment building having twelve (12) units. Additionally, the project will include a separate building for laundry service, construction of macadam drive/parking areas, installation of sanitary sewer and water laterals as necessary and other land use improvements associated with the apartment buildings. The zoning within Shippensburg Townsh/p is R-2 Residence District, with apartment units as proposed being a conditional use. On December 17, 2001, Shippensburg Township issued a conditional use permit to the Applicant which approved the proposed development within the Township subject to eight (8) conditions imposed on the Applicant by the Township. The portion of the Subject Property located within the Borough of Shippensburg is in a R-7 Residence District. Pursuant to Section 150-16(A)(1) of the Borough of Shippensburg Zoning Ordinance (Ordinance), uses permitted in an R-3 Multi-Family residence District are permitted in the R-7 District. Permitted uses in a R-3 District are outlined in Section 150-12 of the Ordinance, which Section 150-12(A)(2)(b) allows "Garden-Type Multiple-Family Dwellings not to exceed six (6) units, subject to the general regulation set forth in Section 150-37 of Article X hereof." Section 150-37 of the Ordinance provides various conditions for these types of multiple dwelling units. Section 150-37(A) provides that a lot area shall not be less than five (5) acres and Section 150-37(B) provides not less than five thousand (5,000) square feet of lot area per family. Applicant sought variances from these provisions, with the total lot area for this project being 4.66 acres, the proposed lot size per dwelling unit being three thousand three hundred ninety (3,390) square feet, and the apartment buildings having twelve units rather than the required six. A number of neighbors appeared at the two hearings voicing their opposition to the proposed variance. They noted that it was anticipated college students would occupy these apartment units, and the neighbors expressed serious concerns with respect to problems that would be associated with the college student occupancy. They cited issues such as supervision of the college students, additional traffic and parking issues and related matters. Concern was expressed with respect to placing one hundred eighty (180) college students on this parcel and how those students would interact with the neighboring residential uses. There were also concems expressed with respect to potential trespass to an adjacent cemetery. It is clear from the plan submitted by the Applicant that the land in question could be used for apartment buildings without the need of a variance. If the Applicant reduced the size of the proposed apartment buildings (at least those buildings that are to be within the Borough) to be not more than six (6) units and increased the unit size up to five thousand (5,000) square feet per family, the only portion of the Ordinance that would merit consideration is that section requires that such uses be on a five (5) acre trace of ground. Such a reduction would obviously create a situation where there would be fewer college students at the Property, but this outcome would still allow the Applicant to maintain an apartment building use at the Subject Property while at the same time help alleviat~ the obvious congestion that may be created with one hundred eighty college students on a tract of ground less than five acres. It should also be noted that a reconfiguration of the proposed plan whereby the apartment buildings would be located solely within the Township would result in the applicant not being required to obtain any use permit from the Borough of Shippensburg and, thus, a variance would not be required. Clearly, the Applicant has other options whereby the Applicant could meet the spirit and intent of the Ordinance. The Applicant has also not demonstrated any real hardship except for the hardship' imposed by the Ordinance itself. This land can be developed for other uses permitted within an R-7 Zoning District. The only hardship that appears to be present is that the Applicant desires to put more apartment units on the property than what the Ordinance would allow. Furthermore, the Applicant's request is certainly not a minimal variance request in light of the fact that the Applicant has the ability of scaling back the number of units purposed and increasing the size of the units in order to be in more compliance with the Ordinance. It appears that intensive apartment use will alter the essential character of that portion of the neighborhood which is in single-family residential use. The Applicant also failed to come forward with any unique physical circumstances or conditions relating to the property. CONCLUSIONS OF LAW The Board finds the following Conclusions of Law: 1. The Applicant has not met its burden to demonstrate that it is entitled to the variance as requested. 2. The Subject Property could be developed in strict conformity with the provisions of the Ordinance. 3. Intensive apartment use at the Subject Property will alter the essential character of that portion of the neighborhood which is in single-family residential use. 4. The variance requested does not represent the minimum variance that would afford relief nor represent the least modification possible of the Ordinances in question. DECISION It is the decision of the Borough of Shippensburg Zoning Heating Board as follows: 1 The application of C.S.R. Enterprises for a variance for property located at Kenneth and Brookside Avenue is hereby DENIED. 1-4-02 DATE MAILED ~. LI~/I~ HOCKERSMITH, SECRETARY BOROUGH OF SHIPPENSBURG ZONING HEARING BOARD ANY PERSON AGGRIEVED BY THE DECISION OF THE ZONING HEARING BOARD MAY APPEAL TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. THE APPEAL MUST BE FILED WITHIN 30 DAYS FROM THE DATE OF THIS DECISION.