Ferguson Township Centre County
City Zoning Code
City Zoning Code
PART 1
GENERAL PROVISIONS
§ 27-101 Short Title.
§ 27-102 Authority.
[Ord. No. 1049, 11/18/2019]
This chapter is enacted and ordained under the grant of powers by General Assembly of the Commonwealth of Pennsylvania, the Pennsylvania Municipalities Planning Code, Act of 1968, July 31, P.L. 805, as amended, 53 P.S. § 10101 et seq.
§ 27-103 Purpose.
[Ord. No. 1049, 11/18/2019]
1.
This chapter is enacted for the following purposes:
A.
To promote, protect and facilitate public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provision of adequate light and air, police protection, transportation, water, sewerage, schools, public grounds and other public requirements.
B.
To prevent 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 loss of productive farmland.
C.
This chapter is made in accordance with the Centre Region Comprehensive Plan and with consideration of the character of the Township, its various parts and the suitability of the various parts for particular uses and structures. It maintains the established nature of development in the Township, for consistency with the policy decisions found in the Centre Region Comprehensive Plan. These policies include adherence to the Regional Growth Boundary and Sewer Service Area; protection of prime farmland and the agricultural industry considering topography, soil type and classification, and present use; and preservation of the traditional rural development pattern and lifestyle found in the region.
§ 27-104 Community Development Objectives.
[Ord. No. 1049, 11/18/2019]
1.
In addition to the general purposes listed in § 27-103, the following specific community development objectives of this chapter include the relevant objectives and recommendations from the Centre Region Comprehensive Plan, as amended, applicable to the purposes of this chapter. These objectives are the basis upon which the regulations of this chapter are established and are as follows:
A.
Land Use and Character.
(1)
Maintain a Regional Growth Boundary within which development is encouraged and urban sprawl is minimized.
(2)
Encourage enrollment in agricultural security areas and participation in the Agricultural Conservation Easement Program in the Township's rural and semirural areas.
(3)
Establish municipal regulations that support agriculture as the principal use on property outside the Regional Growth Boundary that has prime agricultural soils.
(4)
Minimize conflicts between productive agricultural areas and urban land uses and discourage the parcelization and conversion of large agricultural holdings into rural residential parcels or urban uses.
(5)
Use rural preservation techniques for developments outside the Regional Growth Boundary.
(6)
Designate rural centers planned for a mix of residential and commercial uses to meet the needs of rural residents while retaining rural character and lifestyles.
B.
Land Development.
(1)
Designate rural residential lands where low densities can be sustained by infrastructure improvements, such as on-lot septic systems, individual wells, and rural roads, without significantly changing the rural character, degrading the environment, or creating the necessity for urban services.
(2)
Direct new residential development to sites within the Regional Growth Boundary and Sewer Service Area to facilitate convenient access to schools, jobs, medical facilities, community services, shopping, and transportation routes.
(3)
Consider retrofitting existing development to assure walkable neighborhoods, a mix of residential densities, a strong sense of place, and a mix of land uses, and consider the following points in planning for and developing new projects: ensure compact development plans, discourage sprawl, encourage infill, and provide a range of housing opportunities and choices.
(4)
Locate higher-density housing in areas zoned for intense mixed-use development where commercial, civic, and recreational opportunities are available.
(5)
Encourage mixed-use development opportunities in appropriately identified areas.
(6)
Locate industrial development within the Regional Growth Boundary in accordance with sound land planning principles and the needs of industry.
(7)
Encourage balancing the amount of commercially zoned property with the needs of the Township and the greater Centre Region.
(8)
Identify and develop strategies to encourage redevelopment and revitalization of under-utilized commercial properties within the requirements of redevelopment authorities in Pennsylvania.
C.
Transportation.
(1)
Recognize the close relationship between land use and transportation impacts in actions related to zoning and land development.
(2)
Plan and implement transportation improvements and investments in all modes that are appropriate to accommodate future land uses identified.
(3)
Consider the transportation system's capacity to accommodate changes in travel demand when considering land use, zoning, and proposed land development activities.
D.
Resources and Sustainability.
(1)
Encourage the preservation of prime agricultural soils and farmland.
(2)
Protect the high-quality surface and groundwater resources in the Township.
(3)
Avoid and mitigate negative impacts to endangered or threatened species, key natural habitats, agricultural lands, water resources, and historic and cultural resources.
(4)
Support green infrastructure and open space techniques as the principle paths for encouraging development that is responsive to natural resource protection.
(5)
Encourage future developments that take advantage of existing infrastructure within the Regional Growth Boundary and Sewer Service Area, such as transportation routes, community services and facilities, or land use patterns while minimizing land disturbance activities.
E.
Economic Development.
(1)
Preserve agricultural land, support the viability of agriculture, and recognize the importance of agriculture to a healthy and diverse economy.
(2)
Encourage the continued development of agricultural activities in the Township.
(3)
Support the retention and expansion of existing businesses and technology-related firms within the commercial, industrial and research-related zoning districts.
§ 27-105 Establishment of Controls.
[Ord. No. 1049, 11/18/2019]
1.
In their interpretation and application, the regulations set by this chapter within each district shall be held to be minimum requirements adopted for the promotion of the purposes of this chapter and shall apply with uniformity to each class of use or structure.
A.
Types of Control. The following regulations shall apply in the respective zoning and overlay districts: use regulations, including primary and accessory uses; lot requirements, including size, width and coverage; setback requirements for front, side and rear yards; maximum height requirements, and supplemental regulations.
B.
New Lots, Uses, and Structures. In all districts, after the effective date of this chapter, any new lot, use or structure shall be constructed, developed and used only in accordance with the regulations specified for each district.
C.
Existing Lots, Uses, and Structures. In all districts, after the effective date of this chapter, any existing lot, use or structure which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Part 8.
D.
Relationship With Other Restrictions. The provisions of this chapter are not intended to interfere with, abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes a greater restriction than that imposed by such other rules, easements, covenants, restrictions, regulations or ordinances, the provisions of this chapter shall control.
E.
Exemptions. This chapter shall not apply to any lot, use or structure exempted from zoning regulations by the Pennsylvania Municipalities Planning Code or other laws of the Commonwealth of Pennsylvania.
§ 27-106 Severability.
[Ord. No. 1049, 11/18/2019]
The provisions of this chapter are severable, and, if any section, sentence, clause, part, or provision hereof shall be held to be illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this chapter. It is hereby declared to be the intent of the Board of Supervisors that this chapter would have been enacted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.