Hanover Township City Zoning Code
ARTICLE I
General Provisions
§ 185-1 Preamble.
This chapter is adopted in order to promote and protect the public health, safety, comfort, convenience, prosperity, and other aspects of the general welfare.
§ 185-2 Title.
A.
Long title: "An ordinance to revise, amend and expand the zoning regulations of the use of land and structures, area of lots, bulk of building and other structures, the density of population, the provision of off-street parking spaces and similar accessory regulations for the Township of Hanover, Northampton County, Pennsylvania, and for such purposes to divide the Township into districts; and, further, to provide for the administration, enforcement and amendment of such ordinance, in accordance with the provisions of Pennsylvania Act 247,[1] as amended; and to repeal all ordinances in conflict herewith."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Short title. This chapter shall be known and may be cited as the "Hanover Township Zoning Ordinance of 1978."
C.
Headings and cross-references. The headings and cross-references are not part of the chapter, but are included solely for ease of reference.
§ 185-3 Scope of provisions.
The provisions of this chapter determine, restrict, regulate, prohibit, or permit the following:
§ 185-3.1 Application to Township and municipal authorities.
[Added 4-25-2006 by Ord. No. 06-05]
This chapter shall not apply to any lot, existing or proposed building, use thereof, or any expansion thereof, owned, used, or to be used by the Township and/or any municipal authority created by the Township, when such lot, building and/or use is for a governmental purpose.
§ 185-4 Declaration of purpose.
The provisions of this chapter are designed:
A.
To promote, protect, and facilitate the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, the provisions of adequate light and air, police protection, vehicle parking and loading space, 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. This chapter is made in accordance with an overall program, and with consideration for the character of Hanover Township, its various parts and the suitability of the various parts for particular uses and structures.
C.
To implement the developmental goals and objectives of the Township and the developmental recommendations as set forth in the Comprehensive Plan.
§ 185-5 Statement of community development objectives.
This chapter is based upon the developmental goals and objectives as outlined in the Hanover Township Comprehensive Plan of 1983, as amended.
§ 185-6 Minimum and uniform regulations.
A.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except in those portions of a district which may be modified by Special Conservation District or Aircraft Flight Path District regulations.
(1)
Regulations in a Special Conservation District or Aircraft Flight Path District may alter any of the minimum and uniform regulations listed in Subsection B below for any particular district.
(2)
In the event that the regulations set by this chapter impose greater restrictions than those provisions contained in the "Clean Streams Act," the "Bituminous Mine Subsidence and Land Conservation Act," the "Coal Refuse Disposal Control Act," "Oil and Gas Act," "Agricultural Area Security Law," "An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances," "Noncoal Surface Mining Conservation and Reclamation Act," and "Nutrient Management Act," the provisions contained in said acts shall apply, but only to the extent they preempt the regulations set by this chapter.
[Added 11-20-2001 by Ord. No. 01-12]
B.
The following minimum and uniform regulations shall apply in the respective districts:
(1)
Use regulations, including uses by right, accessory uses and uses by special permit.
(2)
Area and bulk regulations, including required front, side, and rear yards, maximum permitted height and allowable lot coverage, and floor area ratio requirements in those districts in which they apply.
(3)
Off-street parking regulations, including minimum required parking spaces.
(4)
Off-street loading regulations, including minimum required loading berths for specified uses.
(5)
Sign regulations, including size, lighting and location.
(6)
Other applicable supplementary regulations of this chapter.
C.
Lot size. Any lot created after this chapter is in effect, as well as the open spaces reserved on it, must equal or exceed the minimum sizes prescribed by this chapter for the district in which the lot is located.
§ 185-7 Application of regulations.
A.
Conformity with use and building regulations.
(1)
In all districts, after the effective date of this chapter, any new building or other structure or any tract of land or parts thereof shall be constructed, developed and used only in accordance with the regulations specified for each district.
(2)
In all districts, after the effective date of this chapter, any existing building or other structure or any tract of land or part thereof which is not in conformity with the regulations for the district in which it is located shall be deemed a nonconforming use.
(3)
In all districts, any legally established use of a structure, building, lot or any tract of land, which use constitutes a conforming use under the provisions of this chapter, may be continued.
§ 185-8 Zoning Map and districts.
A.
Adoption of Zoning Map. The areas within the Township as assigned to each district and the location of boundaries of the districts established by this chapter are shown on the Zoning Map, as revised, which together with all explanatory matter thereon is declared to be part of this chapter and shall be kept on file with the Township Secretary-Treasurer. If, and whenever, changes are made in boundaries or other matter included on the said Zoning Map, such changes in the map shall be made promptly after the amendment has been approved by the Township Board of Supervisors.[1]
[1]
Editor's Note: See the Table of Zoning Map Amendments included at the end of this chapter.
B.
District boundary lines. The district boundary lines shall be as shown on the Zoning Map. District boundary lines are intended to coincide with lot lines, center lines of streets and roads, the corporate boundary of the Township, or as dimensioned on the Map. In case of doubt or disagreement concerning the exact location of the boundary line, the determination of the Board of Supervisors shall prevail.
C.
Primary districts. For the purposes of this chapter, the Township of Hanover is hereby divided into the primary districts, designated as follows:
Agricultural districts: | ||
A | Agricultural | |
MCPD | Monocacy Creek Protection District | |
Residential districts: | ||
R1 | Single-Family Residential | |
R1-R | Single-Family Residential Rural | |
R1-S | Single-Family Residential Suburban | |
R1-U | Single-Family Residential Urban | |
R2 | Multiple-Family Residential | |
PHR | Planned Highway Residential | |
RI-A | Residential Adult [Added 3-22-2005 by Ord. No. 05-02] | |
Commercial districts: | ||
C1 | Service Commercial | |
C2 | Commercial Center | |
C2R | Restricted Commercial Center | |
Employment districts: | ||
OI | Office and Institutional | |
PIBD | Planned Industrial/Business | |
PORR | Planned Office, Research and Residential | |
LBD | Limited Business | |
AFHBD | Aircraft Flightpath Highway Business |
D.
Secondary districts. For purposes of this chapter, secondary (or overlaying) districts are created, designated as follows:
SCD | Special Conservation District | |
AFD | Aircraft Flight Path District |
§ 185-9 Statement of intent.
A.
Agricultural district.
(1)
The Agricultural District is noted "A Agricultural."
(2)
It is the intent of this chapter, among other things, to provide areas within the Township that are suitable for agricultural uses consistent with the uses that predominated the early Township growth.
(3)
It is the intent of this chapter, among other things, to encourage agricultural use of areas in the Township best suited for farm land.
(4)
It is the intent of this chapter, among other things, to preserve and protect groundwater quality by limiting density of development in areas of the Township that are not served by a central sanitary sewer system.
B.
Residential districts.
(1)
Residential districts are noted "R1-R Single-Family Residential Rural"; "R1-S Single-Family Residential Suburban"; "R1-U Single-Family Residential Urban"; "R2 Multiple-Family Residential"; and residential portions of the "PORR Planned Office, Research and Residential District" and "PHR Planned Highway Residential District."
(2)
It is the intent of this chapter, among other things, to provide sufficient space and ensure light, air, and privacy for all dwelling units.
(3)
It is the intent of this chapter, among other things, to protect residential districts from hazards of fire, offensive noise, glare, and motor vehicle and other traffic.
(4)
It is the intent of this chapter, among other things, to make it possible to provide in residential areas those public and private educational, recreational, health, and similar facilities serving the needs of the Township residents in the most desirable manner.
(5)
It is the intent of this chapter, among other things, to promote the development of residential districts in accord with the Comprehensive Plan, and to promote stable residential development that protects the character of the district.
C.
Commercial districts.
(1)
Commercial Districts are "C1 Service Commercial," "C2 Commercial Center" and "C2R Restricted Commercial Center."
(2)
It is the intent of this chapter, among other things, to provide sufficient space in appropriate locations for commercial activities anticipated.
(3)
It is the intent of this chapter, among other things, to protect commercial districts and adjacent districts against congestion by regulating the intensity of such commercial districts and developments, and by providing for off-street parking and loading facilities.
(4)
It is the intent of this chapter, among other things, to protect commercial districts and development against intrusive uses which are incompatible with them and against the hazards of fire.
(5)
It is the intent of this chapter, among other things, to promote stability of commercial development, to strengthen the economic base of the Township, and to promote commercial development of a high character.
(6)
It is the intent of this chapter, among other things, to prohibit the future development of commercial uses being constructed and used in a linear fashion along any Township street or highway; in other words, this chapter is intended to prohibit the future development of "strip commercial" uses, districts and areas.
D.
Employment districts.
(1)
Employment districts are the "OI Office and Institutional"; "PIBD Planned Industrial/Business District"; "PORR Planned Office, Research and Residential District"; "LBD Limited Business District"; and "AFHBD Aircraft Flightpath Highway Business District."
(2)
It is the intent of this chapter, among other things, to provide sufficient space in appropriate locations for offices, laboratories, light industries, and certain other manufacturing and related activities anticipated.
(3)
It is the intent of this chapter, among other things, to protect employment districts and adjacent districts against mutual intrusion, visually or otherwise, and against congestion by regulating the intensity of development and by providing for off-street parking and loading facilities.
(4)
It is the intent of this chapter, among other things, to provide as far as possible that land most suitable for employment district activities will be available to them by prohibiting the use of such land by new residential district development, and simultaneously, protecting residential districts by separating them from employment district activities and uses.
(5)
It is the intent of this chapter, among other things, to encourage manufacturing, industrial, and other activities and uses which are free from hazards of fire, offensive noise, vibration, air pollution, odors, glare, water pollution, traffic congestion, or any other objectionable side effects.
(6)
It is the intent of this chapter, among other things, to promote stable manufacturing, office uses, and other related development in order to strengthen the Township's tax base and protect its tax revenues.
E.
Special Conservation District.
(1)
The Conservation District, or Special Conservation District, is noted as "SCD."
(2)
It is the intent of this chapter, among other things, to preserve, protect, and maintain certain areas of the Township where there are natural (physical) limitations upon development of any use or type. Such areas are, but not limited to, those listed below:
(a)
Floodplains or flood-prone areas; floodways; watercourses; streams; and drainage swales.
(b)
Abandoned or nonworking quarries, pits, or mines.
(c)
Steep slope areas.
(d)
Areas with alluvial soils.
(e)
Areas with soils possessing moderate or severe limitations to on-lot sewage disposal.
(f)
Areas with soils having high water table or a seasonally high water table.
(g)
Areas with soils having moderate or severe limitations to urban development.
F.
G.
All districts. It is the intent of this chapter, among other things, to conserve the value of land, lots, and buildings in the Township.