East Allen Township
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 250-1 (((-1.))) Purpose.
A.
This ordinance divides the Township of East Allen into districts and regulates the use of land; the location, use and density of buildings within these districts; and provides for the administration and enforcement of this ordinance. This ordinance permits, prohibits, regulates, restricts, and determines:
(1)
The uses of land, watercourses, and other bodies of water;
(2)
The size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal, and use of structures;
(3)
The areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures; and
(4)
The density of population and intensity of use.
B.
Further, this ordinance contains provisions for:
(1)
Special exceptions and variances to be administered by a Zoning Hearing Board;
(2)
Administration and enforcement and such other provisions as may be necessary to implement the requirements of this ordinance.
§ 250-2 (((-101.1.))) Statutory authority.
Pursuant to the authority conferred by State the 53 P.S. § 10101 et seq., known as the "Pennsylvania Municipalities Planning Code," as amended, the Township Supervisors of the Township of East Allen do hereby ordain the following provisions.
§ 250-3 (((-102.))) Short title.
This ordinance shall be known as and may be cited as the "East Allen Township Zoning Ordinance."
§ 250-4 (((-103.))) Purpose.
A.
This ordinance is hereby adopted in accordance with:
(1)
The Municipalities Planning Code, 53 P.S. § 10101 et seq.
(2)
The community development objectives of the Township's Comprehensive Plan;[1]
[1]
Editor's Note: The Township Comprehensive Plan is on file in the Township offices and can be viewed during regular office hours.
(3)
An overall program; and
(4)
Consideration for the character of the Township, its various parts, and the suitability of the various parts for particular uses and structures.
B.
In addition to carrying out the objectives of the Comprehensive Plan, this ordinance is designed:
(1)
To promote, protect, and facilitate one or more of the following:
(a)
The public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports, and national defense facilities;
(b)
The provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements;
(2)
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers; and
(3)
To preserve prime agriculture and farmland considering topography, soil type and classification, and present use.
§ 250-5 (((-104.))) Applicability.
A.
No building, structure or land shall be used, occupied, erected, moved, enlarged, or structurally altered unless in conformity with the regulations of this ordinance.
B.
This ordinance regulates:
(1)
The location, height, bulk, and size of buildings and other structures;
(2)
The relation of such buildings or structures to roads and highways, their intersections and interchanges, to steep slopes and natural bodies of water, to public buildings and public grounds, to airports and heliports, to historic buildings and places, and to floodplains;
(3)
Areas and dimensions of land and bodies of water to be occupied by uses and structures; the percentage of a lot that may be occupied, the size and use of yards, courts, and other open spaces;
(4)
The density and distribution of population and intensity of use; and
(5)
The uses of land, buildings, and structures for residents, trade, industry, and other purposes.
§ 250-6 (((-105.))) Exemptions.
[Amended 8-8-2002 by Ord. No. 2002-6; 8-28-2008 by Ord. No. 2008-10]
This ordinance shall not apply to any existing or proposed building or extension thereof which is used or is to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission decides, after a public hearing, that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. This ordinance shall not apply to any existing or proposed structure, building or use used or to be used by East Allen Township, Northampton County. This ordinance shall not apply to any existing or proposed structure, building or use used or to be used by the East Allen Township Municipal Authority; subject, however, to the following requirement for such exemption to be applicable: any and all existing or proposed structure, building, or use used or to be used by the East Allen Township Municipal Authority shall be subject to a conditional use approval by the Board of Supervisors of East Allen Township under and pursuant to § 250-26, as amended, of the East Allen Township Zoning Ordinance. This requirement is intended to supersede and amend any other inconsistent and/or conflicting requirement and/or section of this zoning ordinance.
§ 250-7 (((-106.))) Interpretation.
A.
Minimum requirements. The provisions of this ordinance shall be interpreted as the minimum requirements for the promotion of the health, safety, morals and general welfare. Where this ordinance 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.
B.
Exemplary lists. Any list of permitted or prohibited uses is not an exhaustive list, but is included to clarify, emphasize, and illustrate, by example, uses which are desirable or undesirable.
§ 250-8 (((-107.))) Severability.
It is hereby declared to be the legislative intent that:
A.
If a court of competent jurisdiction declares any provisions of this ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this ordinance shall continue to be separately and fully effective.
B.
If a court of competent jurisdiction finds the application of any provision or provisions of this ordinance to any lot, building, structure, or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be effective.
C.
The Board of Supervisors hereby declares that it would have passed this ordinance and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.
