ORDINANCE NO. 706 AN ORDINANCE OF THE TOWNSHIP OF DERRY, DAUPHIN COUNTY, PENNSYLVANIA, AMENDING CHAPTER 225 (ZONING) OF THE CODE OF THE TOWNSHIP OF DERRY TO MAKE REVISIONS TO REGULATIONS DESCRIBED IN ARTICLE II (FORM AND FUNCTION); ARTICLE III (ZONING DISTRICTS AND OVERLAYS); ARTICLE IV (PERFORMANCE STARDS AND SUPPLEMENTARY REGULATIONS); ARTICLE V (CONDITIONAL USES AND SPECIAL EXCEPTIONS); AND ARTICLE XI (DEFINITIONS) REGARDING THE USE OF A PROPERTY AS A VACATION HOME, BED AND BREAKFAST HOME, OR BOARDING HOME BE IT ENACTED AND ORDAINED under the authority and procedures of the Pennsylvania Municipalities Planning Code, by the Board of Supervisors of the Township of Derry, Dauphin County, Pennsylvania, as follows: SECTION 1: Chapter 225, Article II (Form and Function), 225-205, Table 1 1 (Zoning Ordinance Land Use Table) of the Code of the Township of Derry is hereby amended by adding a new row for Vacation Home (under the Residential Uses subheading, in between Bed and Breakfast Home and Boarding Home ) and permitting the use by-right (P) in the General zoning district; in the Palmdale Mixed Use zoning district in the East Chocolate Avenue Overlay district (O10); and in the Hershey Mixed Use zoning district in the Compact Development Overlay district (O8), the Downtown Core Overlay district (O9), the East Chocolate Avenue Overlay district (O10), and the Southern Core Overlay district (O13). Table 1 is further amended by revising the Bed and Breakfast Home row to permit the use as a Special Exception (SE) [instead of a Conditional Use (C)] in the R-1 zoning district; to permit the use by-right (P) in the General zoning district; to permit the use byright in the Palmdale Mixed Use zoning district in the East Chocolate Avenue Overlay district (O10) and as a Special Exception in the base zoning district (SE [base zoning district]); and to permit the use by-right in the Hershey Mixed Use zoning district in the Compact Development Overlay district, the Downtown Core Overlay district, the East Chocolate Avenue Overlay district, and the Southern Core Overlay district ( ) and as a Special Exception in the base zoning district (SE [base zoning district). Lastly, Table 1 is further amended by deleting the Specialty Home row (under the subheading). SECTION 2: Chapter 225, Article III (Zoning Districts and Overlays), 225-303, Table 4 2 (Conservation Uses) of the Code of the Township of Derry is hereby amended by adding 422.B in the third column of the Bed & Breakfast Home row (under the Residential Uses subheading of Table 4). SECTION 3: Chapter 225, Article III (Zoning Districts and Overlays), 225-304, Table 6 3 (R-1 Residential Uses) of the Code of the Township of Derry is hereby amended by revising the second column of the Bed & Breakfast Home row (under the Residential Uses 1 Table 1, as amended, is provided in its entirety at the end of this document. 2 Table 4, as amended, is provided in its entirety at the end of this document. 3 Table 6, as amended, is provided in its entirety at the end of this document. 1
subheading) to permit the use as a Special Exception (SE) [instead of a Conditional Use (C)] and by revising the section reference in the third column of the Bed & Breakfast Home row to 502.1 (instead of 501.13). SECTION 4: Chapter 225, Article III (Zoning Districts and Overlays), 225-307, Table 12 4 (General ) of the Code of the Township of Derry is hereby amended by adding new rows for Vacation Home and Bed and Breakfast Home (under the Residential Uses subheading, beneath Boarding Home ) as permitted by-right uses (P), and by adding a section reference to 422.A in the third column of the Vacation Home row and a section reference to 422.B in the third column of the Bed & Breakfast Home row. Table 12 is further amended by adding a section reference to 422.C in the third column of the Boarding Home row. Lastly, Table 12 is further amended by deleting the Specialty Home row (under the subheading). SECTION 5: Chapter 225, Article III (Zoning Districts and Overlays), 225-314, Table 26 5 (Palmdale Mixed Use Uses) of the Code of the Township of Derry is hereby amended by revising the second column in the Bed and Breakfast Home row (under the Residential Uses subheading) to add a footnote reference ( 1 ) after SE. Table 26 is further amended by adding a footnote to read as follows: 1 The special exception is applicable only to properties outside of an Overlay district. Table 26 is further amended by adding a second line to the Bed and Breakfast Home row to also permit the use by-right in the East Chocolate Avenue Overlay district (O10) and by adding a section reference to 422.B in the third column of the second line of the Bed and Breakfast Home row. Table 26 is further amended by adding a new row for Vacation Home (under the Residential Uses subheading, beneath Bed and Breakfast Home row) as a permitted use by-right in the East Chocolate Avenue Overlay district (O10) and by adding a section reference to 422.A in the third column of the Vacation Home row. Lastly, Table 26 is further amended by deleting the Specialty Home row (under the subheading). SECTION 6: Chapter 225, Article III (Zoning Districts and Overlays), 225-315, Table 28 6 (Hershey Mixed Use Uses) of the Code of the Township of Derry is hereby amended by revising the second column in the Bed and Breakfast Home row (under the Residential Uses subheading) to add a footnote reference ( 5 ) after SE. Table 26 is further amended by adding a footnote to read as follows: 5 The special exception is applicable only to properties outside of an Overlay district. Table 28 is further amended by adding second, third, and fourth lines to the Bed and Breakfast Home row to also permit the use by-right in the Compact Development Overlay district (O8), the Downtown Core Overlay district (O9), the East Chocolate Avenue Overlay district (O10), and the Southern Core Overlay district (O13) and by adding a section reference to 422.B in the third column of the second line of the Bed and Breakfast Home row. Table 28 is further amended by adding a new row for Vacation Home (under the Residential Uses subheading, beneath the Bed and Breakfast Home row) to permit the use by-right in the Compact Development Overlay district (O8), the Downtown Core Overlay district (O9), the East Chocolate Avenue Overlay district (O10), and the Southern Core Overlay district (O13) and by adding a section reference to 422.A in the third 4 Table 12, as amended, is provided in its entirety at the end of this document. 5 Table 26, as amended, is provided in its entirety at the end of this document. 6 Table 28, as amended, is provided in its entirety at the end of this document. 2
column of the Vacation Home row. Lastly, Table 28 is further amended by deleting the Specialty Home row (under the subheading). SECTION 7: Chapter 225, Article IV (Performance Standards and Supplementary Regulations), 225-402.5.A, Table 35 7 (Parking Ratios) of the Code of the Township of Derry is hereby amended by deleting the Specialty Home row (under the subheading). Table 35 is further amended by adding a new row for Vacation Home (under the Residential Uses subheading, beneath the Bed and Breakfast Home row) and by adding the following text to the Minimum Parking Required column of the Vacation Home row: 1 per each bedroom. SECTION 8: Chapter 225, Article IV (Performance Standards and Supplementary Regulations), 225-422 of the Code of the Township of Derry is hereby amended to read as follows: 225-422. Conditions for short-term rentals and/or transient occupancies of a dwelling. A. Vacation Homes. 1. Vacation homes shall only be permitted in a single-family detached dwelling, or in a single-family semidetached or two-family detached dwelling where both units are on the same lot, or where each unit is under the same ownership. 2. All off-street parking spaces shall be provided on the lot. The number of offstreet parking and loading spaces shall be provided, per dwelling unit, as defined in 225-402.5, Table 35. All parking surfaces and driveways shall be constructed of bituminous, brick, concrete, or stone paving material. 3. When a vacation home property needs to provide additional parking and the lot contains access to an alley, the additional parking shall be located to the rear of the principal building and accessed from the alley unless it is determined to be technically infeasible. 4. The number of guests staying in a vacation home shall not exceed 2 per bedroom, excluding children under the age of 3. No more than 10 individuals, including children under the age of 3, shall reside in the vacation home at any given time. 5. The exterior of the vacation home shall maintain a residential appearance. 6. Special events and public functions such as concerts, conferences, or weddings are prohibited on the lot of a vacation home. 7 Table 35, as amended, is provided in its entirety at the end of this document. 3
7. Signage shall be limited to a 2-square-foot wall sign or projecting sign, excluding any signage identifying the street address of the property. 8. Only one contract for rent shall be permitted for the vacation home at any given time. 9. The owner/operator must provide the name and 24-hour contact phone number of the person responsible for the security and maintenance of the property to the Township Department of Community Development. The contact phone number must also be posted in a visible, but discreet, location on the property. 10. Noise and disturbance must be comparable to typical residential uses. When adjacent to another residential use, all rental contracts shall notify occupants that outdoor activities are not permitted between the hours of 10:00 PM and 8:00 AM. 11. A zoning and/or building permit must be issued prior to the first contract for rental of the vacation home. B. Bed and Breakfast Homes. 1. A bed and breakfast home shall be permitted in a single-family detached dwelling where the owner of the dwelling maintains permanent residency. Any single-family semidetached or two-family detached dwelling existing as of the effective date of this Section where both units are on the same lot, or where each unit is under the same ownership, may also be used as a bed and breakfast home, provided that the owner maintains permanent occupancy in one of the dwelling units, and no additional rooms will be rented in the owneroccupied unit. 2. Maximum occupancy of each bedroom shall be 2 people, excluding children under the age of 3. No more than 10 bedrooms may be provided as part of a bed and breakfast home. 3. Any bed and breakfast home that is located in the Limited Sign Overlay District shall be limited to one sign per street frontage. The sign shall meet the dimensional requirements of the Limited Sign Overlay District. Bed and breakfast homes located in the General Sign Overlay District shall be permitted to have signage in accordance with the requirements of the General Sign Overlay District. 4. Any meal service offered as part of the bed and breakfast home shall be limited to overnight guests of the facility. 5. All off-street parking spaces shall be provided on the lot. The number of offstreet parking and loading spaces shall be provided as defined in 225-402.5, Table 35. All parking surfaces and driveways shall be constructed of bituminous, brick, concrete, or stone paving material. 4
6. Where a bed and breakfast home needs to provide additional parking and the lot contains access to an alley, the additional parking shall be located to the rear of the principal building and accessed from the alley unless it is determined to be technically infeasible. 7. An overnight guest shall not occupy the home for more than 14 consecutive nights in a 30-day period. 8. Special events and public functions such as concerts, conferences, or weddings are prohibited on the lot of a bed and breakfast home when said lot contains less than 1 acre. 9. A zoning and/or building permit must be issued prior to the first contract for rental of the bed and breakfast home. C. Boarding Homes. 1. A boarding home shall only be permitted in a single-family detached dwelling where the kitchen of the dwelling is located in a common area shared by all boarders. 2. A boarding home shall have a maximum occupancy of 10 boarders at any given time. 3. All off-street parking spaces shall be provided on the lot. The number of offstreet parking and loading spaces shall be provided as defined by 225-402.5, Table 35. All parking surfaces and driveways shall be constructed of bituminous, brick, concrete, or stone paving material. 4. Where a boarding home needs to provide additional parking and the lot contains access to an alley, the additional parking shall be located to the rear of the principal building and accessed from the alley unless it is determined to be technically infeasible. 5. The exterior of the boarding home shall maintain a residential appearance. 6. Noise and disturbance must be comparable to typical residential uses. When adjacent to a residential use, all boarding contracts shall notify occupants that outdoor activities are not permitted between the hours of 10:00 PM and 8:00 AM. 7. A zoning and/or building permit must be issued prior to the first contract for rental of the boarding home. 5
SECTION 9: Chapter 225, Article V (Conditional Uses and Special Exceptions), 225-501.13 of the Code of the Township of Derry is hereby amended to delete the text related to Bed and Breakfast Home and read as follows: 225-501.13. Reserved. SECTION 10: Chapter 225, Article V (Conditional Uses and Special Exceptions), 225-501.20 of the Code of the Township of Derry is hereby amended to delete the text related to Specialty Home and read as follows: 225-501.20. Reserved. SECTION 11: Chapter 225, Article V (Conditional Uses and Special Exceptions), 225-502.1 of the Code of the Township of Derry is hereby amended in its entirety to read as follows: 225-502.1. Bed and Breakfast Home. (R-1, PMU, and HMU Zoning Districts.) A. No more than 5 bedrooms may be available or used for such use in any bed and breakfast home. B. Lots containing a bed and breakfast home shall be compliant with all applicable lot criteria of the zoning district. C. Except as modified by this Section, the bed and breakfast home shall comply with the requirements of 225-422.B. SECTION 12: Chapter 225, Article XI (Definitions), 225-1103 of the Code of the Township of Derry is hereby amended by deleting the following term and definition: SPECIALTY HOME any dwelling or portion of any dwelling containing a single cooking area used as a rental for a period of less than 30 consecutive days for up to 2 individuals per bedroom serving a maximum of 10 individuals. Children under the age of 3 are excluded from this count. SECTION 13: Chapter 225, Article XI (Definitions), 225-1103 of the Code of the Township of Derry is hereby amended by revising the definitions for the following terms: BED & BREAKFAST HOME - An owner-occupied dwelling in which bedrooms are rented to guests on a daily basis for a period of up to 14 consecutive days within any given month. No bedrooms shall contain separate cooking facilities and if offered, meals shall only be provided for guests of the dwelling. Stays at the dwelling may be facilitated by online websites advertising temporary lodging opportunities. BOARDING HOME A building or portion thereof used for the providing of rooms for lodging for not more than 10 individuals in which individual boarding rooms do not have cooking facilities, but rather a common cooking and eating area is provided for all boarders. Each boarder typically resides within the home under separate contract or 6
agreement. SECTION 14: Chapter 225, Article XI (Definitions), 225-1103 of the Code of the Township of Derry is hereby amended by adding the following terms and definitions: LODGING A temporary place to stay or reside. SHORT-TERM RENTAL Any dwelling unit used for lodging or transient occupancy for a period of less than 30 days. This definition includes Bed and Breakfast Home, Boarding Home, and Vacation Home, but excludes a Hotel, Motel, or Residence Hotel or Motel use. VACATION HOME - A dwelling unit containing a single cooking area where lodging is provided for a period of less than 30 consecutive days (short-term rental). The owner and/or manager of the property does not reside in the dwelling while the guests are staying within the home. Rentals may be facilitated by online websites advertising temporary lodging opportunities. All residents of the home are staying in the home under a single contract. SECTION 15: All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION 16: If any section, subsection, or clause of this ordinance is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. SECTION 17: The Board of Supervisors finds that this ordinance is consistent with the overall goals of the Derry Township Comprehensive Plan. ORDAINED AND ENACTED into law this of, 2018, to become effective five days from the date hereof. ATTEST BOARD OF SUPERVISORS TOWNSHIP OF DERRY DAUPHIN COUNTY, PENNSYLVANIA BY: Secretary BY: Chairman (Seal) 7
[Amended 11-14-2017 by Ord. No. 692] Table 1: Zoning Ordinance Land Use Table Uses Conservation R-1 R-2 R-3 General Campus North Campus South Campus West Base Zoning Districts Residential Uses Single-family Detached Dwelling P P P P P C P P Single-family Semidetached Dwelling P C P P Single-family Attached Dwelling (Townhouse) P C O6 C Single Family Conversion C C C C Two-family Detached Dwelling P C O6 P Multifamily Apartment Dwellings P C C O6, O10 C Medical Campus Central Bed and Breakfast Home P SE P O10; SE (base zoning district) Recreation Golf Palmdale Mixed Use Hershey Mixed Use O10, O13; SE (base zoning district) Vacation Home P O10 Limited Compatibility Industrial Boarding Home P P Dwellings for Employees & Students P P Farm Home Occupation P SE SE SE SE SE SE SE SE SE SE SE SE SE SE Family Child Care Home SE SE SE SE SE SE SE SE Mobile Home Park C Private Community Facilities/Recreation Areas P P P P P P P P P P P P P Home Occupations P P P P P P P No-Impact Home Based Business P P P P P P P P P P P P P P P Accessory Dwelling Units SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE Auction Houses O12 P Automobile and Truck Leasing/Rental P P Automotive Car Wash/Lubrication Facilities P C C C P Bakery, Retail P P O6, O10 Business and Professional Offices O12 P P P P O6, O10 P Campgrounds SE Cigar, Hookah, and/or Vapor Lounge C Entertainment Signs O4 Laundry P P Parking Lot or Structure C C P O6, O10 O9, O10 Communications Antenna, Building-mounted P P P P P P P P P P P P P P P Communications Antenna, Utility-mounted P P P P P P P P P P P P P P P Communications Antenna, Towers < 50 feet in height P P P P P P P P P P P P P P P Communications Antenna, Towers > 50 feet in height SE SE SE SE SE SE SE SE SE SE Communications Antenna, Co-located and Replacement P P P P P P P P P P P P P P P Dry Cleaning Service, Retail P P O6, O10 Financial Institutions P P O10 Food Catering P C C C P Food Services Without Drive-Through P P P P P O10 Food Services With Drive-Through P C Fuel Service - Minor P C C C P P Fuel Service - Major P C P P Funeral Homes O12 P C C 6
Table 1: Zoning Ordinance Land Use Table Uses Conservation R-1 R-2 R-3 General Base Zoning Districts Guest Lodging, Dining and Conference Facilities P P C P C Healthcare Practitioners Office C P P P O6, O10 O9, O10, O8, O13 Heliport C C Hotels and Motels P C C P O10 O9, C (O8) Horse Riding Stables & Facilities, No Horse Racing P Kennel P P P P Landscape and Garden Service - non-retail P C P C P Landscaping and Garden Center - retail C P C Laundromat P P O10 Membership Club SE C SE P C C Micro-distilleries/Breweries P P O8, O9 Motor Vehicle Fuel, Wholesale P P Motor Vehicle Repair Garages P Motor Vehicle Sales and Service P Mixed Use Building P C P P P P O6, O10 Outpatient Medical Treatment Facilities P O7 P Personal Service Establishments O12 P P P P Pet Grooming Facilities P P O10 Photocopy Service P P O10 O9, O10 Private Parking Lot or Structure C P C P O6, O10 P Private Recreational, Sports and Entertainment Facilities Amusement, Theme, Entertainment or Water Parks O4 Amusement Arcades P Botanical Gardens C P P P Archery & Shooting Ranges, Indoor C C C Archery & Shooting Ranges, Outdoor C C Bowling Alleys P C P Casinos & Gambling Facilities C C Country Club C P P P Exercise & Fitness Centers P P P O6, O10 O9, O10, O8, O13 Golf Courses (Conventional & Special) C P P Recreation Facilities for Employees, Faculty & Students P P P P P Sporting and Entertainment Arenas & Stadiums P Sport & Field Complexes P P P O6 Zoos C P P Rental and Leasing Businesses P Research/Technology Business Incubator C C C Residence Hotels and Motels P C C P Retail, Large-Scale P C C C Retail, Small-Scale O12 P P C O6,O10 Service and Repair Facilities P P Sexually Oriented Businesses C C Campus North Campus South Campus West Medical Campus Central Recreation Golf Palmdale Mixed Use Hershey Mixed Use Limited Compatibility Industrial 7
Table 1: Zoning Ordinance Land Use Table Uses Studios/Gallery for Teaching, Dancing, Art, Music or Similar Cultural Pursuits Conservation R-1 R-2 R-3 General Campus North Campus South Campus West Base Zoning Districts Medical Campus Central Recreation Golf Palmdale Mixed Use Hershey Mixed Use P P O6, O10 Taxidermy C P Theater and Auditorium P C P O10 O9, O13, O10 Veterinary Office P P P O10 Veterinary Hospital P P Visitor Center C P Winery C P P C Industrial Uses Assembling P Production Bakery P /Industrial Laundering and Dry-Cleaning Facilities P Crematory C Grain Milling P Importing & Exporting Establishments P Industrial Equipment Sales & Repair P Laboratories P Machine Shop P Manufacturing C P Medical Marijuana Dispensary C Medical Marijuana Grower/Processor C Mineral Extraction P C Printing and Publishing P Processing P Self-storage facilities P Solid, Liquid or Gas Fuel Dealers P Solid or Liquid Waste Transfer Stations P Storage, Including Fuel Storage P Transportation Terminals C Waste Management Facilities C Warehousing P Welding Shop P Wholesale Trade Establishments P Wood Millworks P Institutional Uses Life Care Facilities C C P C C Group Child Care Facilities O12 P C P C C Group Home for Persons with Disabilities C C C C Group Home for Persons without Disabilities C C C Hospital P P Incinerators and Crematoriums C C C Medical-related Research Facilities O7 P P P Museums P P P P P P Limited Compatibility Industrial 8
Base Zoning Districts Table 1: Zoning Ordinance Land Use Table Uses Conservation R-1 R-2 R-3 General Campus North Campus South Campus West Medical Campus Central Recreation Golf Palmdale Mixed Use Hershey Mixed Use Limited Compatibility Industrial Other Scientific Research, Development and Training Facilities O7 P P C Place of Worship/Place of Assembly P P P P P P P P P P P P Prisons P Schools P P P P P P P P P P P P P Skilled Nursing C P C C Municipal/Public Uses Administrative Offices of County, State or Federal C C C C P C C P P P P P P C P Government (Office) Libraries P P P P P P P P P P P P P Municipal Buildings and Uses P P P P P P P P P P P P P P P Fire/Emergency Services P P P P P P P P P P P P P P P Parks, Playgrounds & Recreation P P P P P P P P P P P P P P P Utility Service Structures P P P P P P P P P P P P P P P Utility Buildings P P P P P Recycling Center C Sewage Treatment Plants P C Agricultural/Conservation Uses Agricultural Uses P P P P P P P P P P P P P P P Cemeteries P P Natural Conservation Areas P P P P P P P P P P P P P P P Miscellaneous Uses similar to specified permitted uses C C C C C C C C C C C C C C C Billboard C C Unique Buildings C C C C C C C C C C C C C C C Cluster Development Option C C C C Affordable Housing Density Option C C C Wind Energy Conversion Systems (Principal Use) P P P Solar Panel Arrays (Principal Use) P P P Forestry P P P P P P P P P P P P P P P 9
225-303 Conservation Table 4: Conservation Uses Map 5: Zoning District - Conservation 01 700 3,400 Table 5: Conservation Dimensions SETBACKS (FT) MAX HEIGHT (FT) Minimum Lot Width (FT) 200 Minimum Lot Depth (FT) 200 Minimum Non-res. Lot Area PRINCIPAL STRUCTURE ACCESSORY (minimum) 1 Properties fronting on Middletown Road shall provide an additional 15 foot front setback - see Section 225-401.2 2 See 225-206.F for lot criteria exceptions. 5 ac 1 Front Min 50 Side Min 50 Rear Min 50 Front 50 Side 50 Rear 50 Principal Structure 45 Accessory Structure 20 Maximum Impervious Coverage 15 % Minimum Vegetated Coverage 75% Maximum Residential Density 1 DU/ 5 3 No more than 25% of existing trees that contain a caliper of 18 inches or more shall be removed during construction activities on a property in this District. Such trees shall be identified prior to any proposed tree removal. Any forestry activity approved by State measures shall not be required to comply with this requirement. 26 01 700 3,400 Overlays Environmental Community Heritage Buffer Middletown Road Hersheypark Drive/ Route 39 Governor Road Campus West Future Development Area Homestead/Fishburn Roads Approval Areas Figure 1: Conservation Lot Dimensional Diagram North/South Master Plan Approval Area West Master Plan Approval Area Residential Uses Single-family Detached Dwelling P Bed & Breakfast Home P 422.B Farm Home Occupation P Family Child Care Home SE 502.3 Home Occupations P No-Impact Home Based Business P Accessory Dwelling Units SE 502.9 Communications Antenna, Building-mounted P Communications Antenna, Utility-mounted P Communications Antenna, Towers < 50 ft P Communications Antenna, Towers > 50 ft SE 502.5 Communications Antenna, Co-located/Replacement P Conference & Meeting Center SE 502.6 Horse Riding Stables & Facilities, No Horse Racing P Kennel P Landscape and Garden Service - non-retail P Recreational, Sports and Entertainment Facilities Botanical Gardens C 501.21 Archery & Shooting Ranges, Indoor C 501.22 Country Club C 501.26 Golf Courses (Conventional & Special) C 501.27 Zoos C 501.28 Winery C 501.10 Industrial Uses Mineral Extraction P Institutional Uses Group Home for Persons with Disabilities C 501.35 Group Home for Persons without Disabilities C 501.35 Place of Worship/Place of Assembly P Schools P Municipal/Public Uses Administrative Offices of County, State or Federal Government (Office) Libraries P Municipal Buildings and Uses P Fire/Emergency Services P Parks, Playgrounds & Recreation P Utility Service Structures P Agricultural/Conservation Uses Agricultural Uses P Cemeteries P Natural Conservation Areas P Miscellaneous C 501.46 Cluster Development Option C 501.43 Forestry P Solar Panel Arrays (Principal Use) P Uses similar to specified permitted uses C 501.40 Unique Buildings C 501.44 Wind Energy Conversion Systems (Principal Use) P
225-304 R-1 Larger Lot, Single-Family Residential 225-305 R-2 Small Lot, Single-Family Residential Map 6: Zoning District - R-1 Residential Table 6: R-1 Residential Uses Map 7: Zoning District - R-2 Residential Table 8: R-2 Residential Uses Residential Uses Residential Uses Single-family Detached Dwelling P Single-family Detached Dwelling P Bed & Breakfast Home SE 502.1 Single Family Conversion C 501.1 Farm Home Occupation SE 502.2 Farm Home Occupation SE 502.2 Family Child Care Home SE 502.3 Family Child Care Home SE 502.3 Private Community Facilities/Recreation Areas P Private Community Facilities/Recreation Areas P Home Occupations P Home Occupations P No-Impact Home Based Business P No-Impact Home Based Business P Accessory Dwelling Units SE 502.9 Accessory Dwelling Units SE 502.9 Auction Houses O12 Communications Antenna, Building-mounted P Business and Professional Offices O12 Communications Antenna, Utility-mounted P Communications Antenna, Building-mounted P Communications Antenna, Towers < 50 ft P Communications Antenna, Utility-mounted P Communications Antenna, Co-located/Replacement P Overlays Environmental Overlays Community Heritage Buffer Sandhill Road Table 7: R-1 Residential Dimensions 01 700 3,400 O12 Communications Antenna, Towers < 50 ft P Communications Antenna, Co-located/Replacement P Funeral Home O12 Healthcare Practitioners Office C 501.59 Landscape and Garden Center - non-retail C 501.15 Landscape and Garden Center - retail C 501.15 Personal Service Establishment O12 Retail, Small-Scale O12 Institutional Uses Group Childcare Facility O12 Place of Worship/Place of Assembly O12 Schools P Municipal/Public Uses Administrative Offices of County, State or Federal Government (Office) Libraries P Municipal Buildings and Uses P C 501.46 Overlays Environmental Overlays Community Heritage Buffer Middletown Road Approval Areas North/South Master Plan Approval Area West Master Plan Approval Area Table 9: R-2 Residential Dimensions 01 700 3,400 Institutional Uses Group Home for Persons with Disabilities C 501.35 Place of Worship/Place of Assembly P Schools P Municipal/Public Uses Administrative Offices of County, State or Federal Government (Office) Libraries P Municipal Buildings and Uses P Fire/Emergency Services P Parks, Playgrounds & Recreation P Utility Service Structures P Agricultural/Conservation Uses Agricultural Uses P Natural Conservation Areas P Miscellaneous C 501.46 Affordable Housing Density Option C 501.45 SETBACKS (FT) Minimum Lot Width (FT) 125 125 Minimum Lot Depth (FT) 150 150 Minimum Non-res. Lot Area 1 ac 1 ac PRINCIPAL STRUCTURE ACCESSORY (minimum) Front Min 30 30 Side Min 15 20 Rear Min 30 30 Front 50 50 Side 10 10 Rear 10 10 Fire/Emergency Services P Parks, Playgrounds & Recreation P Utility Service Structures P Agricultural/Conservation Uses Agricultural Uses P Natural Conservation Areas P Miscellaneous Cluster Development Option C 501.43 Forestry P Uses similar to specified permitted uses C 501.40 Unique Buildings C 501.44 SETBACKS (FT) Minimum Lot Width (FT) 100 Minimum Lot Depth (FT) 150 Minimum Non-res. Lot Area PRINCIPAL STRUCTURE ACCESSORY (minimum) 1 ac Front 1 Min 25 Side Min 15 Rear Min 30 Front 50 Side 10 Rear 10 Cluster Development Option C 501.43 Forestry P Uses similar to specified permitted uses C 501.40 Unique Buildings C 501.44 Figure 2: R-1, R-2 Residential Lot Dimensional Diagram MAX HEIGHT (FT) Principal Structure 35 35 Accessory Structure 20 20 MAX HEIGHT (FT) Principal Structure 35 Accessory Structure 20 Maximum Impervious Coverage 30% 60% Minimum Vegetated Coverage 60% 30% Maximum Impervious Coverage 30% Minimum Vegetated Coverage 60% Maximum Residential Density 2 DU/ 2 DU/ Maximum Residential Density 3 DU/ 27 1 Properties fronting on Middletown Road shall provide an additional 15 foot front setback - see Section 225.401.2
225-307 General 225-307 General Map 9: Zoning District - General Table 13: General Dimensions SETBACKS (FT) MAX HEIGHT (FT) Minimum Lot Width (FT) 100 Minimum Lot Depth (FT) 150 Minimum Lot Area PRINCIPAL STRUCTURE N/A Front Min 25 Side Min 15 Rear Min 35 Principal Structure 40 Accessory Structure 20 Maximum Impervious Coverage 60% Minimum Vegetated Coverage 30% Maximum Residential Density 4 DU/ 01 700 3,400 Overlays Environmental Overlays Community Heritage Buffer Hersheypark Drive/ Route 39 Approval Areas b North Master Plan Approval Area West Master Plan Approval Area Figure 4: General Lot Dimensional Diagram Table 12: General Residential Uses Single-family Detached Dwelling P Boarding Home P 422.C Vacation Home P 422.A Bed and Breakfast Home P 422.B Farm Home Occupation SE 502.2 Private Community Facilities/Recreation Areas P No-Impact Home Based Business P Accessory Dwelling Units SE 502.9 Auction Houses P Automobile and Truck Leasing/Rental P Automotive Car Wash/Lubrication Facilities P Bakery, Retail P Business and Professional Offices P Cigar, Hookah, and/or Vapor Lounge C 501.7 Laundry Communications Antenna, Building-mounted P Communications Antenna, Utility-mounted P Communications Antenna, Towers < 50 ft P Communications Antenna, Towers > 50 ft SE 502.5 Communications Antenna, Co-located/Replacement P Dry Cleaning Service, Retail P Financial Institutions P Food Catering P Food Services Without Drive-Through P Food Services With Drive-Through P Fuel Service - Minor P Fuel Service - Major P Funeral Homes P Guest Lodging, Dining and Conference Facilities P Healthcare Practitioners Office P Hotels and Motels P Kennel P Landscape and Garden Service - non-retail P Landscaping and Garden Center - retail P Laundromat P Membership Club SE 502.8 Micro-distilleries/Breweries P Motor Vehicle Repair Garages P Motor Vehicle Sales and Service P Mixed Use Building P Outpatient Medical Treatment Facilities P Personal Service Establishments P Pet Grooming Facilities P Photocopy Service P P Recreational, Sports and Entertainment Facilities Bowling Alleys P Exercise & Fitness Centers P Sport & Field Complexes P Zoos P Residence Hotels and Motels P Retail, Large-Scale P Retail, Small-Scale P Service and Repair Facilities P Studios/Gallery for Teaching, Dancing, Art, Music or Similar Cultural Pursuits Taxidermy C 501.30 Theater and Auditorium P Veterinary Office P Veterinary Hospital P Winery P Institutional Uses Group Child Care Facilities Hospital P Museums P Place of Worship/Place of Assembly P Schools P Municipal/Public Uses Administrative Offices of County, State or Federal Government (Office) Libraries P Municipal Buildings and Uses P Fire/Emergency Services P Parks, Playgrounds & Recreation P Utility Service Structures P Utility Buildings P Agricultural/Conservation Uses Agricultural Uses P Natural Conservation Areas P Miscellaneous Forestry P Uses similar to specified permitted uses C 501.40 Unique Buildings C 501.44 P P P 29
225-314 Palmdale Mixed Use Map 16: Zoning District - Palmdale Mixed Use Table 26: Palmdale Mixed Use Uses Overlays RESIDENTIAL DENSITY 01 700 3,400 Table 27: Palmdale Mixed Use Dimensions SETBACKS (FT) MAX HEIGHT (FT) O10 Minimum Lot Width (FT) 40 40 Minimum Lot Depth (FT) 150 100 Minimum Non-res. Lot Area N/A N/A PRINCIPAL STRUCTURE ACCESSORY (minimum) Front Min 20 20 Side Min 5 5 Rear Min 25 25 Front 50 50 Side 5 5 Rear 5 5 Principal Structure 35 45 Accessory Structure 20 20 Maximum Impervious Coverage 40% 60% Minimum Vegetated Coverage 50% 30% SFDD/SFSD/TFDD SFAD (townhouse) Apartments Senior Apartments 5 DU/ 8 DU/ 12 DU/ 15 DU/ 7 DU/ 8 DU/ 12 DU/ 15 DU/ Environmental Overlays Palmdale Future Development Area East Chocolate Avenue Approval Areas Central Master Plan Approval Area North Master Plan Approval Area Figure 11: Palmdale Mixed Use Lot Dimensional Diagram Residential Uses Single-family Detached Dwelling P Single-family Semidetached Dwelling P Single-family Attached Dwelling (Townhouse) O6 Single Family Conversion C 501.1 Two-family Detached Dwelling O6 Multifamily Apartment Dwellings O6, O10 Bed and Breakfast Home SE 1 502.1 O10 422.B Vacation Home O10 422.A Farm Home Occupation SE 502.2 Family Child Care Home SE 502.3 Private Community Facilities/Recreation Areas P Home Occupations P No-Impact Home Based Business P Accessory Dwelling Units SE 502.9 Automotive Car Wash/Lubrication Facilities C 501.6 Bakery, Retail Business and Professional Offices Parking Lot or Structure O6, O10 O6, O10 O6, O10 Communications Antenna, Building-mounted P Communications Antenna, Utility-mounted P Communications Antenna, Towers < 50 ft P Communications Antenna, Towers > 50 ft SE 502.5 Communications Antenna, Co-located/Replacement P Dry Cleaning Service, Retail O6, O10 Financial Institutions O10 Food Catering C 501.11 Food Services Without Drive-Through O10 Fuel Service - Minor C 501.18 Healthcare Practitioners Office O6, O10 Hotels and Motels O10 Laundromat O10 Membership Club C 501.16 Mixed Use Building O6, O10 Personal Service Establishments P Pet Grooming Facilities O10 Photocopy Service O10 Private Parking Lot or Structure Recreational, Sports and Entertainment Facilities (Private) Exercise & Fitness Centers O6,O10 O6,O10 Sport & Field Complexes O6 Retail, Large-Scale C 501.29 Retail, Small-Scale O6,O10 Studios/Gallery for Teaching, Dancing, Art, Music or Similar Cultural Pursuits O6,O10 Theater and Auditorium O10 Veterinary Office O10 Institutional Uses Life Care Facilities C 501.34 Group Child Care Facilities C 501.52 Museums P Place of Worship/Place of Assembly P Schools P Skilled Nursing C 501.34 Municipal/Public Uses Administrative Offices of County, State or Federal Government (Office) Libraries P Municipal Buildings and Uses P Fire/Emergency Services P Parks, Playgrounds & Recreation P Utility Service Structures P Utility Buildings Agricultural/Conservation Uses Agricultural Uses P Cemeteries P Natural Conservation Areas P Miscellaneous Affordable Housing Density Option C 501.45 Forestry P Uses similar to specified permitted uses C 501.40 Unique Buildings C 501.44 1 The special exception is applicable only to properties outside of an Overlay district. P P 36
225-315 Hershey Mixed Use 225-315 Hershey Mixed Use Map 17: Zoning District - Hershey Mixed Use Table 28: Hershey Mixed Use Uses [Amended 11/14/2017 by Ord. No. 692] Overlays Table 29: Hershey Mixed Use Dimensions [Amended 11-14-2017 by Ord. No. 692] SETBACKS (FT) MAX HEIGHT (FT) RES. DENSITY Minimum Lot Width (FT) 40 40 40 40 100 Minimum Lot Depth (FT) 100 100 100 100 125 Minimum Non-res. Lot Area N/A N/A N/A N/A N/A PRINCIPAL STRUCTURE ACCESSORY (minimum) Front Min 20 2 20 Variable 1 20 25 Side Min 5 5 5 5 5 Rear Min 5 5 5 5 5 Front 50 50 50 50 50 Side 5 5 5 5 5 Rear 5 5 5 5 10 Principal Structure 35 45 60 45 40 Accessory Structure 20 20 20 20 20 Maximum Impervious Coverage 40% 60% 85% 60% 60% Minimum Vegetated Coverage 50% 30% 5% 30% 30% SFDD/SFSD/TFDD Apartments & Mixed Use Buildings 5 DU/ 8 DU/ 01 700 3,400 7 DU/ 25 DU/ 7 DU/ 49 DU/ 7 DU/ 12 DU/ Environmental Overlays Hersheypark Drive/ Route 39 Governor Road Compact Development Approval Areas Central Master Plan Approval Area North/South Master Plan Approval Area 5 DU/ 8 DU/ Downtown Core East Chocolate Avenue Homestead/Fishburn Roads Southern Core Figure 12: Hershey Mixed Use Lot Dimensional Diagram O8 O9 3 O10 O13 1 (1) Front: 6 feet. However, this distance may be adjusted for portions of the building as follows: (a) 4 feet for up to 75% of the building and attachments to the building. (b) 2 feet for up to 50% of the building and attachments to the building. (c) 0 feet for up to 50% of the building greater than 14 feet from the adjacent sidewalk or adjacent ground level, whichever is higher. (2) No principal building shall have a yard area greater than 12 feet for 100% of its frontage unless physical constraints of the property prohibit a lesser yard area. 2 Front yard setback from Elm Avenue shall be 30 feet for principal structures. 3 Residential Uses (SFDs, SFSDs, and TFDDs) within the O9 Overlay district that contain no frontage along Chocolate Avenue shall comply with all dimensional criteria of the underlying Hershey Mixed Use zoning district rather than the O9 Overlay district dimensional criteria. 37 Residential Uses Single-family Detached Dwelling P Single-family Semidetached Dwelling P Single-family Attached Dwelling (Townhouse) C 501.3 Single Family Conversion C 501.1 Two-family Detached Dwelling P Multifamily Apartment Dwellings C 501.2 Bed and Breakfast Home SE 5 O10, O13 Vacation Home O10, O13 502.1 422.B 422.A Farm Home Occupation SE 502.2 Family Child Care Home SE 502.3 Private Community Facilities/Recreation Areas P Home Occupations P No-Impact Home Based Business P Accessory Dwelling Units SE 502.9 Automotive Car Wash/Lubrication Facilities C 501.6 Bakery, Retail Business and Professional Offices Parking Lot or Structure O9, O10 Communications Antenna, Building-mounted P Communications Antenna, Utility-mounted P Communications Antenna, Towers < 50 ft P Communications Antenna, Co-located/Replacement P Dry Cleaning Service, Retail Financial Institutions Food Catering C 501.11 Food Services Without Drive-Through Fuel Service - Minor C 501.18 Fuel Service - Major C 501.19 Funeral Homes C 501.49 Guest Lodging, Dining and Conference Facilities C 502.7 Healthcare Practitioners Office Hotels and Motels Laundromat O10,O13 O9, O10, O13 C in O8 per 501.50 Membership Club C 501.16 Micro-distilleries/Breweries Mixed Use Building O9, O8 Personal Service Establishments P Pet Grooming Facilities Photocopy Service Private Parking Lot or Structure Recreational, Sports and Entertainment Facilities O10, O13 O9, O10 Country Club P Exercise & Fitness Centers O9,O8, Retail, Large-Scale C 501.29 Retail, Small-Scale Studios/Gallery for Teaching, Dancing, Art, Music or Similar Cultural Pursuits Theater and Auditorium Veterinary Office Visitor Center Institutional Uses O9, O10, O13 Life Care Facilities C 501.34 Group Child Care Facilities C 501.52 Museums P Place of Worship/Place of Assembly P Schools P Skilled Nursing C 501.34 Municipal/Public Uses Administrative Offices of County, State or Federal Government (Office) Libraries P Municipal Buildings and Uses P Fire/Emergency Services P Parks, Playgrounds & Recreation P Utility Service Structures P Utility Buildings P Agricultural/Conservation Uses Agricultural Uses P Natural Conservation Areas P Miscellaneous Affordable Housing Density Option C 501.45 Forestry P Uses similar to specified permitted uses C 501.40 Unique Buildings C 501.44 5 The special exception is applicable only to properties outside of an Overlay district. P
Table 35: Parking Ratios USE Residential Uses Single-family Detached Dwelling Single-family Semidetached Dwelling Single-family Attached Dwelling (Townhouse) Single Family Conversion Two-family Detached Dwelling Multifamily Apartment Dwellings (2 BR or more) Multifamily Apartment Dwellings (1 BR) Accessory Dwelling Units Bed and Breakfast Home Vacation Home Boarding Home Dwellings for Employees & Students Farm Home Occupation Family Child Care Home Mobile Home Park Private Community Facilities/Recreation Areas Auction Houses Automobile and Truck Leasing/Rental Automotive Car Wash/Lubrication Facilities Bakery, Retail Business and Professional Offices Campgrounds Cigar, Hookah, and/or Vapor Lounge Laundry Parking Lot or Structure Communications Antenna, Building-mounted Communications Antenna, Towers < 50 feet in height Communications Antenna, Towers > 50 feet in height MINIMUM PARKING REQUIRED 2 per dwelling unit 2 per dwelling unit 2 per dwelling unit, plus 1 per 5 dwelling units for guest parking 2 per dwelling unit 2 per dwelling unit 2 per dwelling unit, plus 1 per 5 dwelling units for guest parking 1 per dwelling unit, plus 1 per 5 dwelling units for guest parking 1 per dwelling unit 1 per guest room plus 2 spaces per permanent residence 1 per each bedroom. 1 per guest room plus 2 spaces per permanent residence 1 per guest room or dwelling unit, as may be applicable 4 per dwelling unit 2 per dwelling unit The greater of 1 per 2 seats or 1 per 50 square feet of public auction area. 1 per 2,500 square feet of office and indoor and outdoor display area 2 per each service bay plus 1 per employee In the Downtown Core overlay district, 1 per each 300 square feet of gross floor area. In all other districts, 1 parking space for each 200 square feet of gross floor area. In the Downtown Core overlay district, 1 per each 300 square feet of gross floor area. In all other districts, 1 parking space for each 200 square feet of gross floor area. 1 per campsite or cabin, plus 1 space for each employee on maximum shift 1 per each 80 square feet of gross floor area 1 space per employee on maximum shift N/A N/A N/A N/A 89
USE Communications Antenna, Co-located Conference & Meeting Centers Dry Cleaning Service, Retail Financial Institutions MINIMUM PARKING REQUIRED N/A 1 per every 250 square feet in the main assembly area, plus 1 per every 4 seats in other indivudal meeting rooms plus parking according to this section for any accessory use that may operate at the same time, such as food service open to the public. 1 per each 200 square feet of gross floor area In the Downtown Core overlay district, 1 per each 300 square feet of gross floor area. In all other districts, 1 parking space for each 200 square feet of gross floor area. Food Catering 1 space per employee on maximum shift, plus 1 per every 3 seats Food Services Without Drive-Thru 1 per every 3 seats indoor, plus 1 per every 6 seats outdoor Food Services With Drive-Thru 1 per every 3 seats indoor, plus 1 per every 6 seats outdoor Fuel Service - Minor 1 per 2 pumps plus 1 per 200 square feet of retail plus 1 per 4 seats when food service is provided Fuel Service - Major 1 per 2 pumps, plus 1 per 200 square feet of retail, plus 1 per 4 seats when food service is provided Funeral Homes the greater of 1 per 4 seats or 1 per 150 square feet of assembly area, plus 1 space per employee Hotels and Motels, Residence Hotels and Motels, Guest Lodging, Dining and Conference Facilities Healthcare Practitioners Office Heliport Hotels and Motels 1 per guest room without a kitchenette, plus 1.5 per guest room with a kitchenette, plus 0.75 for each employee on maximum shift, plus 65% of the calculated spaces required for uses such as but not limited to, auditorium, individual conference and/or meeting space/rooms, food service, retail areas, and spas that serve as accessory to the principal use. 3 for each professional who typically sees patients, plus 1 for each professional or employee who typically does not see patients 2 per helicopter based at the facility See hotels and motels, residence hotels and motels, Guest Lodging, Dining and Conference Facilities 1 per 3 stalls Horse Riding Stables & Facilities, No Horse Racing Kennel 1 space per employee on maximum shift and 1 per every 10 animals boarded Landscape and Garden Service - non-retail 1 space per employee at maximum shift, plus 1 per business vehicle 90
USE MINIMUM PARKING REQUIRED Landscaping and Garden Center - retail In the Downtown Core overlay zoning district, 1 per each 300 square feet of gross floor area. In all other districts, 1 per each 200 square feet of gross floor area, plus 1 per 500 square feet of outdoor display area. Laundromat 1 per 3 washing machines Membership Club 1 per every 3 seats in assembly area Micro-distilleries/Breweries, plus parking for any food service use on the property, plus one per 300 square feet of retail space if in excess of 300 square feet. Motor Vehicle Fuel, Wholesale Motor Vehicle Repair Garages 3 per each service bay, plus 1 per employee at maximum shift Motor Vehicle Sales and Service 1 per every 2,500 square feet of office and indoor and outdoor sales display area. Mixed Use Building See applicable uses, shared parking may apply per 225-401.4 Outpatient Medical Treatment Facilities 3 for each professional who typically sees patients, plus 1 for each professional or employee who typically does not see patients Personal Service Establishments 3 for each professional who typically sees clients, plus 1 for each professional or employee who typically does not see clients Pet Grooming Facilities 3 per each practitioner Photocopy Service 1 per 200 square feet of gross floor area Private Parking Lot or Structure N/A Recreational, Sports and Entertainment Facilities (Private) Amusement, Theme, Entertainment or Water Parks Amusement Arcades 1 per each 80 square feet of gross floor area Arboretums & Botanical Gardens Archery & Shooting Ranges, Indoor 1 per shooting stall plus 1 per employee on maximum shift Archery & Shooting Ranges, Outdoor 1 per shooting station/target area plus 1 per employee on maximum shift Bowling Alleys 2 per each alley, plus 1 per 2 employees, plus additional parking for the maximum number of patrons permissible at parties, tournaments and other special events shall be provided, where offered, at a ratio of 1 space per 2 guests in addition to the base parking requirements. Casinos & Gambling Facilities and 225-501.25 Country Club Exercise & Fitness Centers Golf Courses (Conventional & Special) 2 per tee plus 1 for every employee on maximum shift Recreation Facilities for Employees, Faculty & Students 91
USE Sporting and Entertainment Arenas & Stadiums Rental and Leasing Businesses Sport & Field Complexes Research/Technology Business Incubator Residence Hotels and Motels Retail, Large-Scale Retail, Small-Scale Service and Repair of Lawn Maintenance Equipment and Small Engine Repair Service and Repair Facilities Sexually Oriented Businesses Zoos Studios/Gallery for Teaching, Dancing, Art, Music or Similar Cultural Pursuits Taxidermy Theater and Auditorium Veterinary Office Veterinary Hospital Visitor Center MINIMUM PARKING REQUIRED 1 per each 500 square feet of indoor or outdoor display area, plus 1 per employee on largest shift 1 per each 200 square feet of gross floor area. See Hotels and motels, residence hotels and motels, Guest Lodging, Dining and Conference Facilities In the Downtown Core overlay district, 1 per each 300 square feet of gross floor area. In all other districts, 1 per each 200 square feet of gross floor area. Shared parking may apply. In the Downtown Core overlay district, 1 per each 300 square feet of gross floor area. In all other districts, 1 per each 200 square feet of gross floor area. Shared parking may apply. 1 per each 400 square feet of gross floor area 1 per each 400 square feet of gross floor area 1 per instructor, plus 1 space for each 2 students, plus area for safe and convenient loading/unloading of students Minimum of 2 spaces or 1 per employee on maximum shift, whichever is greater 1 per each 3 seats or 1 per 100 square feet of gross floor area where seats are not provided 3 for each professional who typically sees patients, 1 for each professional or other employee who typically does not see patients 3 for each exam room, plus 1 for each employee on the largest shift. 1 per 300 square feet of gross floor area Winery, plus 1 per 3 seats in each tasting room, plus 75% of spaces required for accessory uses on the site such as assembly areas, food service, retail areas. 92