Long title. The long title of Ordinance No. 1993 is "An ordinance to repeal the preexisting Carlisle Zoning Ordinance, as amended, and enact a new Carlisle Zoning Ordinance to establish zoning regulations for the use of land and structures, area of lots, bulk of buildings and other structures, the density of population, the provision of off-street parking spaces and similar, accessory regulations for the Borough of Carlisle, Cumberland County, Pennsylvania, and for such provisions to divide the Borough into districts, and further, to provide for administrative enforcement and amendment therefore in accordance with the provisions of the Pennsylvania Municipalities Planning Code and to repeal all ordinances in conflict herewith."

Short title. This chapter shall be known and may be cited as the "Carlisle Zoning Ordinances." This Ordinance No. 1993 shall constitute Chapter 255 of the Code of the Borough of Carlisle and its provisions shall be editorially renumbered consistent therewith.

The zoning regulations and districts set forth in this chapter are made in accordance with a Comprehensive Plan and associated studies by the Borough of Carlisle for the general welfare of the Borough. This Comprehensive Plan lists the goals and objectives of the Borough.

This chapter was adopted with reasonable consideration, among other things, of the existing character of the various areas within the Borough of Carlisle and their respective suitability to particular uses.

The provisions of this Zoning Ordinance have been designed to:

This chapter has been made in accordance with an overall program and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.

Minimum and uniform regulations. The regulations set by this chapter within each district shall be minimum or maximum regulations, as stated, and shall apply uniformly to each class or kind of structure or land.

For new uses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed and used only in accordance with the regulations specified for each district.

For existing uses and structures. In all districts, after the effective date of this chapter, any existing building, other structure, use or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and be subject to the regulations of Article XXVII.

No new uses and structures shall be established, developed and used in a manner that is inconsistent with or contrary to any streets, stormwater facilities, or other features or lands identified for future use as depicted on the Official Map.

Use regulations, including uses by right, accessory uses and uses by special exception.

Area and bulk regulations, including required front, side and rear yards; maximum permitted height; and allowable lot coverage requirements in those districts in which they apply.

Off-street parking regulations, including minimum required parking spaces.

Off-street loading regulations, including minimum required loading berths for specified uses.

Sign regulations, including their sizes, lighting and location.

Special regulations dealing with open space, landscaping, access and traffic control.

Special use regulations deemed necessary to implement the purpose of this chapter and the Carlisle Comprehensive Plan.

Adoption of Zoning Map. The areas within the Borough limits as assigned to each district and the location of boundaries of the districts established by this chapter are shown upon the Zoning Map, which, together with all explanatory matter thereon, is declared to be a part of this chapter and shall be kept on file with the Borough Secretary. If, and whenever, changes are made in boundaries or other matters included on the said Zoning Map,[1] such changes in the map shall be made within five days after the amendment has been approved by the Borough Council, but failure to make such change within such time shall not invalidate the change.

District boundary lines. The district boundary lines shall be shown on the Zoning Map. District boundary lines are intended to coincide with lot lines, center lines of street rights-of-way, the corporate boundary of the Borough or as dimensioned on the map. Dimensions, where stated, shall take precedence over lot lines. In case of doubt or disagreement concerning the exact location of the boundary line, the determination of the Zoning Hearing Board shall prevail.

Boundary tolerances. Where a district boundary line divides a single lot of less than 30,000 square feet that was in single and separate ownership at the effective date of this chapter, the use regulations applicable to the more restrictive district shall apply to the lot.

Minimum requirements. The provisions of this chapter shall be interpreted as the minimum requirements for the promotion of health, safety, morals and general welfare. Where this chapter conflicts with any rule, regulation or ordinance, the greater restriction upon the use of buildings or premises, upon the height or bulk of a building or upon requiring larger open spaces shall prevail, regardless of its source.

Uses not specifically regulated. Whenever a use clearly is not permitted by right, by conditional use or by special exception by this chapter anywhere in the Borough, the use is prohibited in the Borough, except that the applicant may apply to the Zoning Hearing Board. The Zoning Hearing Board may permit such use as a special exception if the applicant proves to the satisfaction of the Zoning Hearing Board that the use would clearly be less offensive in impacts and nuisances than permitted uses and be compatible with permitted uses in that district. Also, the applicant shall prove that the proposed use would be compatible with the intent of the district. The Zoning Hearing Board shall use the same criteria as are listed in § 255-197D of this chapter and shall not permit any use that is specifically excluded in the district.

Prohibited uses. Any use not specifically permitted in a district is prohibited in that district, except as is permitted by Subsection B above.

Sketches. Sketches in this chapter are for illustrative purposes only and are not regulatory.

Interpretation of text and boundaries. The Zoning Officer shall strictly apply the wording of this chapter and the location of all district boundaries to particular applications. In the case of uncertainty by the Zoning Officer, he shall request an interpretation of his specific uncertainty by the Zoning Hearing Board, with the applicant not liable for the application fee for that particular request. An applicant may appeal a determination by the Zoning Officer to the Zoning Hearing Board, in compliance with Article XXVIII and the Borough fee schedule.

The intent of this chapter is to continue the objective of compatible land use across municipal boundaries.

This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential or industrial zoning district.

These same setback and buffer yard provisions shall be provided for uses locating within the Borough of Carlisle if the abutting existing dwelling or principally residential zoning district would be located in another municipality.