Coolbaugh Township City Zoning Code
ARTICLE IV
District Regulations
§ 400-11 Designation of districts.
A.
Designation. For the purposes of this chapter, Coolbaugh Township is hereby divided into the following zoning districts:
SP State Preservation | |
W-C Woodland Conservation | |
R-1 Rural Residential | |
R-2 Low-Density Residential | |
R-3 Medium-Density Residential | |
C-1 Convenience Commercial | |
C-2 Office Park | |
C-3 Commercial Village | |
I Industrial | |
I-A Industrial Airport |
B.
Intent. The intent of each district and the uses permitted in each district are set forth on the District Use Schedules contained in § 400-14 of this chapter or in the specific sections establishing any overlay district. Bulk and density standards for each district are set forth on the Schedule of Development Standards contained in § 400-14 of this chapter.
C.
Floodplain Overlay District. The Floodplain Overlay District is hereby created to be coterminous with the areas which are subject to the one-hundred-year flood, as identified in the most current FIRM Flood Insurance Rate Map issued by the Federal Emergency Management Agency. In addition to all other applicable standards of this chapter, the floodplain regulations in Article XV shall apply in the Floodplain Overlay District. The identified floodplain area may be modified only in accord with the requirements of Article XV and the Federal Emergency Management Agency.
D.
Airport Overlay District. The Airport Overlay District is hereby created to include all of the land lying beneath the approach surfaces, primary surfaces, transitional surfaces, horizontal surfaces and conical surfaces as applied to airports as defined and regulated by Article XVI of this chapter. In addition to all other applicable standards of this chapter, the requirements of Article XVI shall apply in the Airport Overlay District.
§ 400-12 Official Zoning Map.
A.
Adoption. The location and boundaries of said districts are hereby established as shown on the Official Zoning Map of the Township; which is hereby adopted by reference and declared to be a part of this chapter together with all amendments thereto.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
B.
Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified by the MPC.
C.
Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or drafting errors or omissions require correction, the Township Supervisors 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.
§ 400-13 District boundaries.
A.
Establishment. District boundary lines are intended to follow or be parallel to the center line of streets, streams and railroads, and lot or property lines as they exist on a recorded deed or plan of record in the County Recorder of Deed's Office and on the County Tax Maps at the time of the enactment of this chapter, unless such district boundary lines are fixed by dimensions or are otherwise delineated on the Official Zoning Map.
B.
Uncertainty. In the event of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Officer shall determine the correct district boundary. Any decision of the Zoning Officer may be appealed to the Zoning Hearing Board.
C.
Municipal boundaries. Where a municipal boundary divides a lot, the land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
D.
Annexation. All territory which may hereafter be annexed to the Township shall be considered to be zoned in the same manner as the contiguous territory inside the previous Township limits until otherwise classified.
§ 400-14 District regulations.
District regulations are of two types, use regulations and development standards, which shall apply to any proposed new use, expansion of an existing use or change of use of any land or structure.
A.
Use regulations. District use regulations are provided in the following Schedule of Uses.[1]
(1)
Limitations.
(a)
No land and no structure in a particular zoning district shall be used for any use which is not specifically listed on the Schedule of Uses for that particular district, and only in accord with all other requirements of this chapter. In other words, any use not specifically allowed by this chapter within a zoning district shall be deemed to be prohibited within that zoning district.
(b)
If a use which could be included in a more general use is listed as a separate use in any District Schedule of Uses, such use shall be permitted only in the district where it is specifically listed.
(c)
Larger lot sizes, greater setbacks, buffers and other more restrictive standards may be required by other provisions of this chapter.
(2)
Principal permitted uses and accessory uses.
(a)
Zoning Officer. Permits for principal permitted uses and accessory uses shall be issued by the Zoning Officer, provided such uses comply with the standards in this chapter.
(b)
Site plan review. Certain uses as designated on the Schedule of Uses in this Subsection A require site plan approval in accord with § 400-121C(9).
(3)
Conditional uses and special exceptions. Conditional uses and special exceptions are permitted uses which require individual consideration because of their special characteristics and are referred to the Planning Commission for review and preparation of a recommendation to the Board of Supervisors and Zoning Hearing Board, respectively. Following a public hearing, and based on its determination that the proposed use meets the standards of this chapter, the Board of Supervisors for conditional uses and the Zoning Hearing Board for special exceptions may approve the issuance of a zoning permit by the Zoning Officer.
(4)
Prohibited uses. Any use not allowed as a principal permitted use, accessory use, conditional use or special exception, or allowed by the Zoning Hearing Board in accord with Subsection B within a particular zoning district, shall be deemed to be prohibited within that zoning district.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
B.
Uses not specified in schedule of uses.
(1)
Jurisdiction. Whenever a use is not specifically allowed in any of the various zoning districts established under this chapter (i.e., not specifically allowed anywhere in the Township) and an application is made to the Zoning Officer for such use, the application shall be submitted to the Zoning Hearing Board which shall have the authority to permit the use or deny the use as a special exception.
(2)
Findings. The use may be permitted only if the Zoning Hearing Board makes all of the following findings; and, the burden of proof shall be upon the applicant:
(a)
The use is similar to and compatible with the uses listed for the subject zoning district by the Schedule of Use Regulations.
(b)
The use in no way conflicts with the intent of the zoning district and the general purpose and intent of this chapter.
(c)
The use is not permitted in any other zoning district.
(3)
Planning Commission review. At the time the application is submitted to the Zoning Hearing Board, the Zoning Officer shall also provide a copy to the Township Planning Commission for its recommendation. The Zoning Hearing Board shall not conduct a public hearing on the application until the comments from the Planning Commission are received or 30 days have passed from the time the application was referred to the Planning Commission.
(4)
Conditions. The Zoning Hearing Board may attach reasonable conditions and safeguards to any special exception approval granted for a use not specified in the Schedule of Uses, incorporating standards in this chapter for similar uses in the district and such other conditions as the Zoning Hearing Board may deem necessary to protect and promote the public health, safety, morals and welfare and to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Development standards. The Schedule of Development Standards[3] which follows establishes minimum standards for lot area; lot depth, lot width and front, side and rear setbacks; and establishes maximum standards for building height and building and lot coverage. Larger lot sizes, increased setbacks and other more restrictive standards may be required in accord with other chapter sections.
[3]
Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.
D.
Subdividing and developing. Any area divided into parcels or developed according to the definition of subdivision and land development in Article III shall also be subject to Chapter 355, Subdivision and Land Development.
E.
Accessory uses permitted in all districts unless otherwise restricted by this chapter. See I-A Schedule of Uses for the I-A District.
(1)
Accessory uses customary to approved uses.
(2)
Barns, silos, sheds, and similar agricultural buildings.
(3)
Carports.
(4)
Cemeteries, private. (See § 400-18N.)
(5)
Common facilities.
(6)
Day-care, family home.
(7)
Decks.
(8)
Development amenities.
(9)
Docks.
(10)
Essential services.
(11)
Farm stands.
(12)
Garages, private.
(13)
Home greenhouses.
(14)
No-impact home occupations.
(15)
Porches.
(16)
Parking areas accessory to approved uses.
(17)
Satellite dish antennas or satellite antennas.
(18)
Sheds.
(19)
Signs accessory to approved uses.
(20)
Solar collectors.
(21)
Swimming pools.
(22)
Wind turbine generators (not permitted in R-3 District).
(23)
Yard, lawn, garage, tag or estate sale.
