Zoning Part 3. Districts, Permitted Uses and Yard Requirements

Transcription

1 Zoning Part 3 Districts, Permitted Uses and Yard Requirements Designation of Districts and Purposes. 1. For the purposes of this Chapter, North York Borough is hereby divided into the following zoning districts, with the following abbreviations: R1 Low Density Residential District R2 Medium Density Residential District NC Neighborhood Commercial/Residential District MU Mixed Use District IC Light Industrial Commercial District 2. For the purposes of this Chapter, the zoning districts named in this Section shall be of the number, size, shape and location shown on the "Official Zoning Map." 3. Overlay Districts. The Floodplain Area, as defined by Part 5, shall serve as an overlay district o the applicable underlying districts. 4. Purposes of Each District. In addition to the overall purposes and objectives of this Chapter and the Comprehensive Plan, the purposes of each zoning district are summarized below: A. R1 -Low Density Resident al District. To provide for low density residential neighborhoods; to protect these areas from incompatible uses; to encourage neighborhood stability. B. R2 - Medium Density Residential District. To provide for medium density residential neighborhoods, with a mix of housing types; to protect these areas from incompatible uses; to encourage "one home on one lot" (which may be attached to another home) in order to promote home ownership and neighborhood stability; and to make sure that infill development is consistent with neighboring development. C. NC - Neighborhood Commercial/Residential District. To promote pedestrian-oriented commercial activities; to promote an appropriate mix of retail, service, office, public, institutional and residential uses; to avoid heavy motor vehicle-related commercial uses that are most likely to conflict with nearby homes and the pedestrian-orientation, and which are most likely to cause demolition of historic buildings; and to primarily provide for smaller scale uses that utilize existing buildings, as opposed to uses that would involve substantial demolition. D. MU -Mixed Use District. To provide for a range of business uses and some institutional and residential uses that would be compatible with the surrounding neighborhood, and that would allow reuse of existing buildings. E. LIC - Light Industrial Commercial District. To provide for a range of light industrial uses; to recognize that there are no appropriate locations within the Borough for the heaviest types of industrial uses,, because of the proximity of homes to all areas of the Borough, the locations of the creek, the importance of preserving historic buildings, the congestion of the street system and the very limited amounts of undeveloped land; and to carefully control the types of 27-43

2 Borough of North York industrial operations to avoid nuisances (such as excessive noise) and hazards. (Ord. 12/18/2003, 301) Application of District Regulations. 1. The regulations set in this Chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this Chapter. 2. No structure shall hereafter be erected, used constructed reconstructed, structurally altered occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations in this Chapter specified for the use and district in which it is located. 3. No yard or lot existing at the time of passage of this Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter. 4. Boundary Change. Any territory which may hereafter become part of the Borough through annexation or a boundary adjustment shall be classified as the R1 Zoning District of North York Borough until or unless such territory is otherwise classified by Borough Council (Ord. 12/18/2003, 302) Zoning Map. 1. A map entitled "North York Borough Zoning Map, is appended to this Chapter and is declared a part of this Chapter. The Official Zoning Map of the Borough with the words "Official Zoning Map" shall be retained in the Borough offices. 2. Map Changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the Municipalities Planning Code, as amended, 53 P.S et seq. 3. Replacement Map. If the Official Zoning Map becomes damaged, destroyed lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Borough Council may, by resolution adopt a new copy of the Official Zoning Map which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment. (Ord. 12/18/2003, 303) District Boundaries. The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Official Zoning Map. A. District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, creeks, railroads and lot lines as they existed at the time of the adoption of this Chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map. B. Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot 27-44

3 Zoning lines unless specifically shown otherwise. C. The location of a district boundary that divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions. D. Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality. (Ord. 12/18/2003, 304) Setbacks and Buffers Across Municipal Boundaries. 1. Intent. To continue the objective of compatible land uses across municipal boundaries. 2. This Chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same additional setback and buffer yard provisions shall be provided by uses proposed within North York Borough regardless of whether such abutting existing dwelling or primarily residential zoning district is located in an abutting municipality and/or in North York (Ord. 12/18/2003, 305) Table of Permitted Uses by District. 1. For the purposes of this , the following abbreviations shall have the following meanings: P = Permitted by right use (zoning decision by Zoning Officer). SE = Special exception use (zoning decision by Zoning Hearing Board. C = Conditional use (zoning decision by Borough Council). N = Not Permitted. ( ) = See Additional Requirements in ( ) = See Additional Requirements in Unless otherwise provided by law or specifically stated in this Chapter (including ), any land or structure shall only be used or occupied for a use specifically listed in the following A and B as allowed in the zoning district where the land or structure is located. Except as provided in , any use that is not specifically listed as P, C or SE in the applicable district in this Section is prohibited in that district. Any use shall only be permitted if it complies with all other requirements of this Chapter. This table of uses was prepared to carry out the Manchester Township-North York Borough Joint Comprehensive Plan A addresses primarily residential zoning districts, while B addresses primarily business zoning districts. For temporary uses, see

4 Borough of North York See regarding number of uses and buildings per lot. USES ALLOWED IN EACH ZONING DISTRICT Types of Uses ZONING DISTRICTS (See definitions in Part 2) R1 R2 NC MU LIC A. RESIDENTIAL USES Single-family Detached Dwelling (Manufactured/mobile homes shall met the additional requirements of ) Single-family Semi-detached (also known as a sideby-side "twin dwelling unit"), with each new dwelling unit on its own lot Single-family Attached Dwelling (also known as townhouse or rowhouse) ( ) P P P P 2 N P P P P 2 N N P P P 2 N Two-family Dwelling N P P P 2 N Apartments ( ) (also known as "multi-family dwellings") which may involve conversions of nonresidential building space that existed prior to the adoption of this Chapter into apartments, but which shall not include conversions of an existing one-family dwelling into two or more dwelling units N P P 3 P 4 N Manufactured/Mobile Home Park ( ) N N N N N Boarding House (includes Rooming House) ( ) N N N N SE Group Home ( ) within a lawful existing dwelling unit under the lot standards for a dwelling unit, not including a Treatment Center Conversion of an Existing One-family Dwelling to Result in Two or More Dwelling Units (See also "Unit for Care of Relative under Accessory Uses ) P P P P N N N N N N B. COMMERCIAL USES Adult Use ( ) N N N N SE After Hours Club ( ) N N N N SE 2 Such dwellings shall only be allowed in the MU District if they are within a residential subdivision or land development including a minimum tract size of 1 acre. This minimum tract size may be subdivided into smaller lots in conformance with Apartments shall only be allowed in a building that also includes an allowed principal commercial or institutional use. 4 Within the MU District, apartments shall only be permitted by right if they are limited by deed and by lease to occupancy by persons age 55 and older and their spouses, and with no resident children under age

5 Zoning Types of Uses ZONING DISTRICTS (See definitions in Part 2) R1 R2 NC MU LIC Amusement Arcade N N P N N Auto Repair Garage or Service Station ( ) N N N N SE Auto, Boat or Mobile/Manufactured Home Sales ( ) (this use may also include Recreational Vehicle sales) N N N N P Bed and Breakfast Inn ( ) N SE P P P Beverage Distributor, which may include retail and/or wholesale sales Car Wash ( ) N N SE P P Catering, Custom, for off-site consumption Commercial Communications Antennae/Tower ( ) - In compliance with K(1) Pertaining to accessory antenna on nonresidential structures (such a church steeples) - Adjacent to an existing fire or ambulance company station SE P P P P N N N P N - Other, such as a freestanding tower N N N N SE Conference Center Construction Company or Tradesperson's Headquarters (including but not limited to landscaping, janitorial, pest control contractor; See also as home occupation). Accessory outdoor storage shall be permitted provided it meets the plant screening requirements of and and is limited to a rear yard in the NC District. Crafts or Artisan's Studio (see also as home occupation under accessory uses) Custom Printing, Photocopying, Faxing Mailing or Courier Service Exercise Club Financial Institution ( ; includes banks), with any "Drive-through" facilities meeting Flea Market/Auction House Funeral Home ( ). See Crematorium as a separate use 27-47

6 Borough of North York Types of Uses ZONING DISTRICTS (See definitions in Part 2) R1 R2 NC MU LIC Gas Station - See "Auto Repair Garage or Auto Service Station Greenhouse, Garden Center or Plant Nursery Hobby/Trade School Kennel ( ) N N N N SE Laundromat Laundry, Commercial or Industrial Lumber Yard Massage Therapy, Certified - See "Personal Services" Motel or Hotel ( ) Office (See also "Home Occupations" under accessory uses) Outdoor Storage and Display ( ) as a principal use, including tire storage N N N N P Pawn Shop N N N N P Personal Services (includes tailoring custom dressmaking, hair cutting/styling, dry-cleaning, shoe repair, "massage therapy, certified" and closely similar uses) (See also home occupation) Recreation, Indoor ( ) (includes bowling alley, roller or ice skating, batting practice and closely similar uses; other than uses listed separately in this Section) Recreation, Outdoor (including miniature golf course, golf driving range, amusement park, private picnic groves and closely similar uses; other than uses listed separately in this Section) Repair Service, Household Appliance Restaurant ( ) with drive-through service ( ) Restaurant ( ) or Banquet Hall, without drivethrough service Retail Store (other than uses listed separately in this Section) N N SE N P N N P 5 P P 5 Limited to indoor sales and display, except for clearly customarily accessory activities, such as sidewalks sales. Such use shall not include the sale of gasoline or propane

7 Zoning Types of Uses ZONING DISTRICTS (See definitions in Part 2) R1 R2 NC MU LIC Self-Storage Development - See under Industrial Uses Target Range, Firearms - Completely indoor and enclosed - Other than above N N N N N Tattoo or Body Piercing Establishment N N N N P Tavern, which may include a State-licensed micro Brewery (not including an After Hours Club). As a condition of special exception approval, the applicant shall prove that the use will not cause a significant nuisance for neighboring dwellings, considering noise and hours of operation. N N N N SE Theater, Indoor, other than an Adult Use Veterinarian Office ( ) which may include Animal Hospital Wholesale Sales - see under Industrial Uses C. INDUSTRIAL USES Asphalt Plant N N N N N Assembly or Finishing of Products Using Materials Produced Elsewhere (such as products from plastics manufactured off-site) Building Supplies and Building Materials, Wholesale Sales of Distribution as a Principal Use (other than Trucking Company Terminal) Electricity Generating Plant (other than Waste-to-Energy Industrial Equipment Sales, Rental and Service (other than Auto, Boat or Mobile Home Sales) Junk - outdoor storage, display or processing of, other than within an approved junkyard or solid waste disposal area N N N N P N N N N N N N N N N Junkyard N N N N N Liquid Fuel Storage, Bulk, for off-site distribution, other than: auto service station retail propane distributor prepackaged sales or fuel tanks for company vehicles manufacture and/or bulk processing of the following, provided manufacturing occurs only, indoors: N N N N SE 27-49

8 Borough of North York Types of Uses ZONING DISTRICTS (See definitions in Part 2) R1 R2 NC MU LIC - Agricultural Chemicals, Fertilizers or Pesticides N N N N N - Apparel, Textiles, Shoes and Apparel Accessories (see also Crafts Studio) - Ceramics Products (other than Crafts Studio) Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors: - Chemicals, Bulk Manufacture, Bulk Processing Mixing, Recycling or Bulk Storage of N N N N SE - Clay, Brick, Tile and Refractory Products N N N N SE - Computers and Electronic/Microelectronic Products -Concrete, Cement, Lime and Gypsum Products N N N N SE - Electrical Equipment, Appliances and Components - Explosives or Ammunition N N N N N - Fabricated Metal Products (except Ammunition or Explosives) - Food (Human) and Beverage Products, at an industrial scale as opposed to a clearly retail scale (Other than uses listed individually in this Section) N N N N P - Food Products - Meat Packing N N N N SE - Food Products for animals N N N N SE - Gaskets - Glass and Glass Products (other than Crafts Studio) - Incineration, Reduction, Distillation, Storage or Dumping of Slaughterhouse Refuse, Rancid Fats, Garbage, Dead Animals or Offal (other than within an approved solid waste facility) N N N N N - Jewelry and Silverware - Leather and Allied Products (other than Crafts Studio under commercial uses or Tannery under industrial uses) N N N N P - Machinery N N N N P -Manufactured or Modular Housing N N N N P 27-50

9 Zoning Types of Uses ZONING DISTRICTS (See definitions in Part 2) R1 R2 NC MU LIC - Medical Equipment and Supplies - Metal Products, Primary N N N N SE - Mineral Products, Non-metallic (other than Mineral Extraction) - Paper and Paper Products (including recycling, but not including manufacture of raw paper pulp) N N N N P N N N SE P - Paper - Raw Pulp N N N N N - Paving Materials, other than bulk manufacture of asphalt N N N N SE Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors: - Pharmaceuticals and Medicines N N N N SE - Plastics, Polymers, Resins, Vinyl, Coatings, Adhesives, Sealants, Printing Ink or Photo Film - Products from Previously Manufactured Materials, such as glass, leather, plastics, cellophane, textiles, rubber or synthetic rubber - Roofing Materials and Asphalt Saturated Materials N N N N SE N N N N SE - Rubber, Natural or Synthetic N N N P - Scientific, Electronic and Other Precision Instruments - Soaps and Cleaning Compounds N N N N P - Sporting Goods, Toys, Games, Musical Instruments or Signs - Transportation Equipment N N N N P - Wood Products and Furniture (not including raw paper pulp) Mineral Extraction ( ) and related processing, stockpiling and storage N N N N SE Packaging Package Delivery Services Distribution Center N N N N P Petroleum Refining N N N N N Photo Processing, Bulk Printing or Bookbinding 27-51

10 Borough of North York Types of Uses ZONING DISTRICTS (See definitions in Part 2) R1 R2 NC MU LIC Recycling Collection Center ( ), not involving operations of an industrial scale (See also Borough- Owned Use in this table) Recycling Center, Bulk Processing, provided all operations of an industrial scale occur within an enclosed building (this use shall not include a solid waste disposal or transfer facility or a junkyard) Research and Development, Engineering or Testing Facility or Laboratory N N N SE SE N N N N SE Sawmill/Planing Mill N N N N SE Self-Storage Development ( ) N N N N P Slaughterhouse, Stockyard or Tannery N N N N N Solid Waste Landfill, Solid Waste Transfer Facility or Waste to Energy Facility N N N N N Trucking Company Terminal N N N N SE Warehousing or Storage as a principal use N N N N P Warehousing or Storage as an accessory use Welding Wholesale Sales (other than Motor Vehicles) D. INSTITUTIONAL USES Cemetery (see Crematorium listed separately) P P P P P College or University, with any residential uses regulated separately under "Residential Uses" Community Center, Youth Recreation Center or Library N SE P P P Crematorium N N N N SE Cultural Center or Museum Day Care Center, Adult ( ) Day Care Center, Child ( ) (See also as an accessory use in this table and ) Hospital or Surgery Center Membership Club Meeting and Recreational Facility, but with any "Tavern" or use listed separately in this Section having to meet the requirements for such use and with After Hours Club being prohibited 27-52

11 Zoning Types of Uses ZONING DISTRICTS (See definitions in Part 2) R1 R2 NC MU LIC Nursing Home or Assisted Living Facility/Personal Care Home ( ) Place of Worship ( ) SE SE P P P School, Public or Private, Primary or Secondary ( ) Treatment Center ( ) (including but not limited to a Methadone Treatment Center) P P P P P N N N N SE E. PUBLIC/SEMI-PUBLIC USES Borough-Owned Uses P P P P P Government Facility, other than uses listed separately in this Section Emergency Services Station, which may include a supporting social club building or facility N SE SE SE P Public Recreation Park P P P P P Public Utility Facility (See also ), including electric sub-stations, but not including uses listed separately in this Section N N N SE P Swimming Pool, Non-household ( ) SE SE P P P U.S. Postal Service Facility, which may include a leased facility F. PRIMARILY ACCESSORY USES See list of additional permitted uses in subsection.3 such as "Residential Accessory Structure or Use" See Additional Requirements in for Specific Accessory Uses Day Care Center accessory to and on the same lot as an existing lawful Place of Worship with a minimum lot area of 25,000 square feet P P P P P Day Care ( ) as accessory to a dwelling: - Day care of a maximum of three persons, in addition to "Relatives" of the care giver. Day care of more than three adults shall meet the requirements of "Day Care, Adult" under "Institutional Uses P P P P P - Group Day Care Home - Family Day Care Home N SE P P P 27-53

12 Borough of North York Types of Uses ZONING DISTRICTS (See definitions in Part 2) R1 R2 NC MU LIC Home Occupation, General ( ) SE SE P P P Home Occupation, Light ( ) P P P P P Outdoor Storage and Display as an Accessory Use ( ) Telephones (Outdoor Pay) or Vending Machines ( ) Unit for Care of Relative ( ) SE SE SE N N G. MISCELLANEOUS USES Forestry P P P P P Nature Preserve or Environmental Education Center P P P P P Parking Lot as the Principal Use of a Lot ( ) N SE P P P Crop Farming P P P P P Raising of Livestock N N N N N All Uses that will be unable to comply with the performance standards of this Chapter. See The "Environmental Protection requirements of Part 5. N N N N N P = Permitted by right use (zoning decision by Zoning Officer) C = Conditional use (zoning decision by Borough Council) SE = Special exception use (zoning decision by Zoning Hearing Board N = Not permitted ( ) See Additional Requirements in ( ) See Additional Requirements in Permitted Accessory Uses in All Districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this Chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of and all other requirements of this Chapter: A. Standard antennae including antennae used by contractors to communicate with their own vehicles. B. Fence or wall. C. Garage, household. D. Garage sale. E. Pets, keeping of. F. Parking or loading, off-street, only to serve a use that is permitted in that 27-54

13 Zoning district. G. Recreational facilities, limited to use by residents of a development, and their occasional invited guests. H. Residential accessory structure (see definition in Part 2). I. Signs, as permitted by Part 7. J. Swimming pool, household. K. Such other accessary use structure that the applicant proves to the satisfaction to the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use. 4. Permitted Accessory Uses to Business and Institutional Uses. The following are permitted by right accessory uses only to a lawful principal commercial, industrial or institutional use, provided that all requirements of this Chapter are met: A. Storage of fuels for on-site use or to fuel company vehicles. B. The following accessory uses, provided that the use is clearly limited to employees, patients, residents, students and families of employees of the use and their occasional invited guests: (1) Internal cafeteria without drive-through service. (2) Day care center. (3) Recreational facilities. C. Shelters for persons waiting for buses. D. Automatic transaction machine (ATM). E. Storage sheds meeting the requirements of (Ord. 12/18/2003, 306) Dimensional Requirements in Each District. 1. The following areas, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by or or another section of this Chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in

14 Borough of North York Zoning District: Type of Use Min. Lot Area (sq. ft.) Min. Lot Width Measured at Min. Building Setback Line (ft.) Min. Front Yard Setback (ft.) Min. Rear Yard Setback (ft.) (Note A) Min. Side Yard Setback (each) (ft.) (Note A) Maximum Percent Building Coverage Maximum Percent Impervious Coverage R1 District: a) Single-family detached dwelling b) Single-family semi-detached dwelling unit (Half of a Twin) c) Other allowed use All dwellings shall have a minimum principal building width and length of 18 feet (not including unenclosed structures). a) 4,000 b) 4,000 c) 12,000 (Note F) a) 40 b) 40 c) (10 feet of which may include an unenclosed front porch) 25 5, except 0 at the shared lot line of lawfully attached dwellings 40% 60% R2 District: a) Single-family detached dwelling b) Single-family semi-detached dwelling unit (Half of a Twin) c) Single-family attached dwelling (Townhouse) d) Apartments e) Other allowed principal use a) 2,000 b) 2,000 per dwelling unit c) 2, 000 per dwelling unit (Note E) d) minimum of 2,000 per dwelling unit (Note C) e) 8,000 (Note F) a) 25 b) 25 per dwelling unit c) 18 per dwelling unit (Note B) d) 40 e) (10 feet of which may include an unenclosed front porch) 25 5, except 0 at the shared lot line of lawfully attached dwellings, and except 15 for a new building including 6 or more apartments. 60% 80% 27-56

15 Zoning Zoning District: Type of Use Min. Lot Area (sq. ft.) Min. Lot Width Measured at Min. Building Setback Line (ft.) Min. Front Yard Setback (ft.) Min. Rear Yard Setback (ft.) (Note A) Min. Side Yard Setback (each) (ft.) (Note A) Maximum Percent Building Coverage Maximum Percent Impervious Coverage NC District: a) Allowed Dwelling Units - shall be developed in conformance with the requirements of the R-2 district and not the NC District. b) Apartments in building space that existed prior to the adoption of this Chapter, not including conversions of an existing one family dwelling into two or more dwelling units. c) Any other allowed use Special exception approval shall be required in order for a commercial use to be open to the public between the hours of 12 midnight and 5 a.m. The only standard for such special exception approval shall be that the applicant prove that such operations will be compatible with any adjacent dwellings. b) 2,000 c) 2,000 b) 20 c) 20 b) and c): 5 (5 feet of which may include an unenclosed front porch) b)15 c) 15 b) 5 c) 5 b) 70% c) 70% b) 90% c) 90% 27-57

16 Borough of North York Zoning District: Type of Use Min. Lot Area (sq. ft.) Min. Lot Width Measured at Min. Building Setback Line (ft.) Min. Front Yard Setback (ft.) Min. Rear Yard Setback (ft.) (Note A) Min. Side Yard Setback (each) (ft.) (Note A) Maximum Percent Building Coverage Maximum Percent Impervious Coverage MU District: a) Allowed Dwelling Units, other than Apartments - Shall be developed in conformance with the requirements of the R-2 district and not the MU District. However, see A, which requires a minimum tract size of 1 acre. b) Apartments allowed by c) Any other allowed use Special exception approval shall be required in order for a commercial use to be open to the public between the hours of 12 midnight and 5 a.m. The only standard for such special exception approval shall be that the applicant prove that such operations will be compatible with any adjacent dwellings. b) 43,560 minimum tract size, which may be divided into lots of 10,000 c) 15,000 b) 100 c) 50 b) and c): 15 (10 feet of which may include an unenclosed front porch) b) 30 c) 20 (Note D) b) 5 (Note D) b) 50% c) 70% b) 70% c) 90% LIC District: Allowed use 10, (Note D) 15 (Note D) 60% 90% 27-58

17 Zoning Zoning District: Type of Use Min. Lot Area (sq. ft.) Min. Lot Width Measured at Min. Building Setback Line (ft.) Min. Front Yard Setback (ft.) Min. Rear Yard Setback (ft.) (Note A) Min. Side Yard Setback (each) (ft.) (Note A) Maximum Percent Building Coverage Maximum Percent Impervious Coverage Notes: - See for corner lot setbacks. - See for swimming pools. - See regarding extension of nonconforming setbacks. - See regarding permitted reductions in setbacks to reflect average setbacks of adjacent buildings. (Note A) = See Accessory setbacks in (Note B) = Except if two or more off-street parking spaces per dwelling or garage doors for two or more vehicles are located within 20 feet of a public street, then the lot width per dwelling along such street shall be a minimum of 24 feet. (Note C) = The lot area per dwelling unit may be reduced to 1,500 square feet if a lot includes six or more dwelling units and all the units are permanently restricted by deeds and leases to persons age 62 and older, the physically handicapped an their spouses. (Note D) = Exceptamininmumrearyardof40feetforaneworexpandedprincipalnonresidential building from a directly abutting primarily residential lot in a residential district. Except a minimum side yard of 20 feet for a new or expanded principal nonresidential building from a directly abutting primarily residential lot in a residential district. If a building involves manufacturing operations, such side and such rear setback shall be increased to a minimum of 60 feet. (Note E) = The density for single-family attached dwellings (townhouses) shall be based upon to minimum lot area per dwelling unit, which maybe measured as an average for all of the dwellings in a subdivision or land development. For example, if there is a 2,000 square feet minimum average requirement, one dwelling maybe on a 2,100 square feet lot and the second dwelling may be on a 1,900 square feet lot. These provisions are intended to allow flexibility in the placement of individual dwelling units, regardless of whether the homes are condominium or fee-simple, and regardless of whether public streets, private streets or parking courts are used. The minimum average lot area per dwelling unit establishes the maximum number of units permitted s on a tract of land. The minimum average lot area per dwelling unit shall be calculated after deleting existing street right-of-way of existing streets and alleys, but shall include: right-of-way of proposed streets and alleys and areas of parking courts, common open space and stormwater detention basins. (Note F) = Except see for certain specific uses, such as Places of Worship Abbreviations: sq. ft. = square feet; min. = minimum; max.= maximum; ft.= feet 27-59

18 Borough of North York Height. The following height provisions shall apply unless specifically stated otherwise for a specific use: A. The maximum height of structures shall be three stories or 40 feet, whichever is more restrictive, except as follows: (1) Structures that are accessory to dwellings shall have a maximum height of two stories (with the top story limited to non-habitable storage areas) or 25 feet, whichever is more restrictive. (2) See also , "Height Exceptions." 3. Accessory Structure Setbacks. A. An accessory structure shall comply with the front yard setback listed in A 3 feet wide minimum side and rear yard setback shall apply for a permitted detached structure that is accessory to a dwelling, except: (1) Such setback may be reduced to 2 feet in the R2 district. (Ord. 12/18/2003, 307) 27-60