Springettsbury Township Board Of Supervisors and Zoning Hearing Board Joint Meeting Minutes

CALL TO ORDER

Chairman Swomley called the meeting to order for the purpose of discussion of potential zoning ordinance amendments.

NEW BUSINESS

1. Discussion on Potential Zoning Ordinance Amendments

Mr. Hodgkinson introduced Marion Hull, Project Manager from CDM Smith. He noted Ms. Hull is working on the Township Comprehensive Plan update which includes the Zoning Ordinance update.

Ms. Hull stated the Comprehensive Plan is ready to go through the formal adoption process. To facilitate moving it forward they are starting the zoning ordinance changes. The first step was to review all the zoning issues which surfaced during the comprehensive planning process and compile them into a list as a beginning discussion.

Ms. Hull provided a memorandum outlining the zoning ordinance definitions which included a list of new definitions to be considered, categorized by Article.

Ms. Hull introduced her colleague Ted Stevens from CDM Smith who was attending via Zoom, noting he will be working with her on the zoning ordinances.

The first item on the memo referred to Infill and Redevelopment Provisions. Notes of discussion:

• Residential districts – they have done a lot in terms of design standards to allow flexibility in setbacks, etc. to make infill possible.
• Should the same flexibility be offered to Commercial and Industrial districts to allow parcels that are currently underutilized easier to redevelopment?
• Relating to setback averaging, i.e., the zoning district might require a 50 ft. setback, but there are properties on either side that have 25 ft. setbacks
• Would this give either the Board of Supervisors or Zoning Hearing Board the ability to make those judgement calls or should it be codified?
• Could be done through special exception requiring a review process and a decision, or in the case of the residential district today the setback averaging would be by right.

Emotional Support animals

• The Zoning Hearing Board deals with cases of emotional support animals in which it was noted there are standards issued by state guidelines as well as the American Disabilities Act which require individuals to meet certain guidelines and criteria.
• Mr. Bair noted in his opinion the Township should more clearly define the requirements an individual must meet before they present to the Zoning Hearing Board or Supervisors to obtain a variance.
• It was also noted the definition needs to include the type of support animal, i.e., chickens, bees, etc.
• Current restrictions were reviewed for chickens which include:
  • No roosters
  • Six chickens are maximum
  • Adequate housing
  • Keeping the area clean
  • No commercial selling of product
  • Restrictions in R-7 and R-10 districts
• Discussion of bee ordinance
• Better definitions are to be determined

Marijuana Dispensary/Processing

• There are state regulations but will determine how to define it for the Township
• How to set up zoning to allow dispensaries appropriately according to state laws
• It was noted Pennsylvania is not approved for recreational use at this time
• It was determined to be proactive to define areas in the Township where retail sales would be permitted
• Another point to consider would be to look at state regulations concerning manufacturing of product

Consider yard definitions for three-sided lots and through lots

• Discussion on what constitutes a front yard
• It was suggested that whereever the front door of the house is located that should be considered the front yard of the property.

Short term rentals

• Are not regulated currently
• Should look at the concerns and determine regulations
• Discussion on Airbnb’s and Vrbo rentals – it was recommended to allow but be strictly regulated

Tiny homes

• Discussion on allowing them in the Township
• Could be an affordability issue for individuals who may not need a larger space
• It was noted Harrisburg is building a community of tiny homes for homeless individuals
• How to allow it but not cause problems
• Discussion of what is the difference between a tiny home and a mobile home park
• There are regulations in place for mobile home parks – would they be applicable to a tiny home development or a single tiny home in a small lot
• Tiny home could end up in the back yard of a residence – which can be defined as accessory dwelling units
• Currently allowed if occupied by a relative of the primary owner
• Allowing ADUs could help expand affordable housing options
• It could support seniors aging in place
• Consider what zoning districts would be proposed for ADUs

Home based businesses

• A home base business ordinance is in place
• Discussion ensued if individuals are conducting businesses in their home and not reporting it
• It was noted definitions are in place to regulate the types of home businesses
• No impact home businesses do not require a permit

Rural residential District and Open Space District

• To be discussed at a staff level – since there are no specific issues at this time

Neighborhood Commercial District

• Some of the areas zoned N-C currently to be changed to Mixed Use
• Residential areas on busy streets – discussed extending some N-C zoning to homes which are facing busy residential streets to allow flexibility because of traffic issues
• Would need to determine if it would affect mortgage lending
• Will need to take a comprehensive look at Mixed Use areas and Highway-Commercial areas to evaluate what the uses are in the Flexible Development district.
• Need to think about if there are places in the Township that should be reserved for Commercial Use only

⁃ Is there concern with allowing residential uses in more areas than currently allowed

Town Center Overlay

• Ms. Hull recommended to discontinue the Town Center Overlay ordinance
• Difficult to administer and follow the guidelines
• Need to update some of the design standards to regulate development standards
• Add the beneficial elements of the Town Center Overlay to the underlying zoning
• Will look at drive-through regulations
• The conditional use process was used to regulate the design at the level of the Town Center Overlay
• By lessening the design standards, more uses could be allowed by right which could reduce the conditional use process
• The board members agreed with allowing more uses but reserved the right to determine if the conditional use process in certain cases is necessary

Traditional Neighborhood Overlay

• Ms. Hull recommended to eliminate this section in the ordinance noting this type of overlay was trendy in the early 2000s.
• Large development sites are no longer active on the market in the Township, so this ordinance is no longer needed

Steep Slope Overlay

• It was determined the ordinance is clearly defined

Signs

• It was noted the sign ordinance needs to be updated to manage new technologies
• Church signs were discussed
• Overly bright signs to be addressed
• Needs to be a provision that addresses electronic signs as to the time of day, lumens put out and the impact on the neighborhood
• How to define signs that are obscene
• Feather signs – banner signs on a pole – how to enforce length of time allowed
• Board of Supervisors need to get together with the Township Manager and figure out what should be done with enforcement for signs and other areas
• Need to adhere to a strict regulation for signs

Off Street Parking, Loading and Unloading

• Will look at parking as a primary use not only for cars but other vehicles, i.e., tractor-trailers, etc.
• Discussion about issues with parking RVs, Boats and Pods on a property, i.e., driveways, front yards
• It was agreed parking on the street is prohibited, however it was noted it cannot be enforced if deemed safe by the Police

⁃ It was noted there are provisions in the ordinance that allow for boats/trailers to be parked on a property if it is 10 ft. from the side yard line and behind the face of the house.

• Possibly updating the ordinance to accommodate residents’ requests

Accessory Uses

• Consider increasing maximum shed height from eight ft. to 12 ft.
• No other issues were cited

Energy Conversion Systems

• Need to update the ordinance to cover solar, wind, geothermal technology

Galleria Mall

• The recommendation is to be flexible with the kinds of uses within the parameters of commercial and residential with connection to the surrounding community by pedestrians and bikers.
• It was noted this would be a good place to implement an official map which would denote where connections should be made by potential developers.
• Discussion was held regarding the potential for creating a lifestyle center
• Partnering with the Mall owners and other developers in the area to guide development that would benefit the community and be profitable
• Opportunities on the south side of the site for development

Other Zoning Issues

• Discussion on garden pool/fishpond – is there a need to control those?
• Nonconforming uses – it was agreed that abandonment for more than a year requires an appeal of determination to get the use reinstated
  • Need to clarify what would be mechanism to notify the Township of abandonment of a nonconforming use
  • How to prove abandonment or continual use
  • Leave the burden of proof on the applicant
  • If it is observed that the property in question is abandoned the date is to be recorded
  • The difference between vacant and abandoned was discussed – if the property was a nonconforming use and is no longer being used
  • If the property is being sold but they are continuing to market it as a nonconforming existing use that would provide status that the use is not being abandoned
• Discussion of special exception for a carwash – there is no criteria in the ordinance
• There was agreement with considering six-inch curbs for interior parking and drives
• Revisions to the recreation fee in lieu of
• Salt storage in commercial parking lots as well as equipment storage located there as well
• Real Estate signs on properties when the property is fully leased need to be removed
• Political signs to be removed 30 days after the campaign has ended – maximum sign area is 6 ft. per sign – maximum height 6 ft.

Ms. Hull stated the next step is to debrief with Staff and then they will move forward with revisions.

PUBLIC COMMENT

There was none.

ADJOURNMENT

Chairman Swomley adjourned the hearing at 8:25 p.m.

Respectfully submitted,

Doreen K. Bowders
Secretary

 

Respectfully submitted,

Doreen K. Bowders
Secretary

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