Hilltown Township City Zoning Code
ARTICLE I
Title, Purpose and Jurisdiction
§ 160-1 Title.
The title shall be “An ordinance regulating and restricting the use of real property, the size, height, number of stories, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; the percentage of lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of dwelling units and population; the intensity of use of all lands and of bodies of water within Hilltown Township for trade, industry, residence, recreation, public activities, grading, agriculture, water supply, conservation, environmental protection, and/or other purposes as specified herein.”
§ 160-2 Short title.
This chapter shall be known as, and may be cited as, the “Hilltown Township Zoning Ordinance of 1995.”
§ 160-3 Purpose.
The purpose of this chapter is to effectuate and implement the land use policies established by the Hilltown Township Comprehensive Plan, and by doing so, promote the health, safety, morals, convenience, order and welfare of the present and future inhabitants, and protect and conserve the natural environment of the Township of Hilltown by:
A.
Encouraging the most appropriate use of land.
B.
Protecting and preserving the Township’s remaining agricultural industry and the prime agricultural lands considering topography, soil type and classification, and present use essential to the conduct of this industry.
C.
Providing standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts.
D.
Providing methods to implement Article I, Section 27, of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right to clean air, pure water, and to the preservation of natural, scenic, historic, and aesthetic values of the environment and to protect natural resources which are a part of the ecological system to which we are all bound, and therefore are the common property of all the people, including generations yet to come, and must be protected to insure the health, safety and welfare of all the people.
E.
Providing standards for all types of dwelling units so that all the people may have access to decent, sound, and sanitary housing; and to provide adequate zoning to meet a fair share of the region’s housing needs to the year 2000 and beyond.
F.
Giving effect and enforcement to the policies and proposals of the Hilltown Township Comprehensive Plan Amendment, dated September 23, 2019, and duly adopted by the Board of Supervisors of Hilltown Township on September 23, 2019, and herein incorporated by reference the Statement of Community Goals and Objectives contained therein.
[Amended 10-24-2022 by Ord. No. 2022-002]
G.
Controlling and regulating the growth of the Township, concentrating development in areas where adequate public sewage and water facilities, roads and schools can be provided, and limiting development in areas where these facilities are not provided.
H.
Lessening the danger and congestion of traffic on the streets and highways and reducing excessive numbers of roads by in part developing a hierarchy network of street systems.
I.
Securing safety from fire, panic, flood, and other dangers.
J.
Providing adequate light and air.
K.
Protecting the current and future tax base.
L.
Securing economy in local government expenditures, and
M.
Supporting the development area concept.
N.
Providing for the reasonable development of minerals in the Township.
[Added 8-31-2005 by Ord. No. 2005-2]
§ 160-4 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion and protection of the public health, safety, comfort, convenience and the physical and natural environment. In applying and interpreting the provisions of this chapter the following provisions shall apply:
A.
Whenever any regulations made under authority of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in, or under, any other statute, the provisions of the regulations made under authority of this chapter shall govern.
B.
Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required by any regulations made under authority of this chapter, the provisions of such statute shall govern.
C.
This chapter does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or implicitly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
D.
Those provisions in Chapter 140, Subdivision and Land Development, concerned with varying design standards shall not be considered to be in conflict with the provisions of this chapter.
E.
When a legitimate proposed use is not specifically listed in § 160-22, Table of Use Regulations, the Zoning Officer shall attempt to align the use with a similar listed use in order to provide for said use. If the Zoning Officer finds that such alignment is not possible, the applicant can apply to the Zoning Hearing Board for an interpretation in order to align the use with the most nearly compatible use.
F.
Upon alignment or interpretation by the Zoning Officer or Zoning Hearing Board, such use may be permitted as a conditional use and shall be subject to the conditional use provisions of this chapter and the following standards:
G.
Such other residential or institutional uses shall be permitted only within the Country Residential 1 (CR-1) District, such other commercial or office uses shall be permitted only within the Planned Commercial (PC-1) District, and such other industrial uses shall be permitted only within the Heavy Industrial (HI) or Light Industrial (LI) Districts.
H.
Nothing contained in the provisions of this chapter shall be interpreted or construed to permit discrimination against any person who suffers from a "handicap" as that term is defined in Section 3602 of the Fair Housing Act [42 U.S.C. § 3602(h)] and is defined in Section 3602(h) of the Fair Housing Act [42 U.S.C. § 3602(h)] and is protected as such from discrimination under the provisions of Section 3604(f) thereof [42 U.S.C. Section 3604(f)] and the Zoning Officer is hereby authorized to make reasonable accommodation in the interpretation, application, and enforcement of the provisions of this chapter and any rules, policies, practices or services implemented in conjunction therewith when such accommodation may be necessary to afford such person equal opportunity to use and enjoy a dwelling.
[Added 5-28-2013 by Ord. No. 2013-2]
§ 160-5 Severability.
It is hereby declared to be the legislative intent of the Board of Supervisors that:
A.
If a court of competent jurisdiction declares any provisions of this chapter 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 chapter 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 chapter to any lot, building or other structure, of 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 affected.
§ 160-6 When effective.
This chapter shall become effective five days after the date of its formal adoption by the Hilltown Township Board of Supervisors, and in accordance with applicable provisions of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
§ 160-7 Repealer.
The existing Zoning Ordinance, adopted January 24, 1983, and entitled “Zoning Ordinance of the Township of Hilltown, Pennsylvania,” and all supplements and amendments thereto, upon adoption of this chapter, are hereby amended. This chapter does not repeal provisions of other laws or ordinances except those specifically or implicitly repealed by this chapter. Further provided, however, if the present ordinance is held to be ineffective or invalid by reason of some irregularity in or impediment to its passage, this repealer shall also be ineffective as aforesaid. Then, and only in that event, the Zoning Ordinance of 1983, together with its supplements and amendments, would remain in full force and effect, only and until such time as the irregularity in, or impediment to, this chapter has been overcome.
§ 160-8 Uniformity of application.
The regulations of this chapter shall apply uniformly to each class, use and structure within each district except as otherwise provided herein and permitted under provision of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
§ 160-9 Application of regulations.
Hereinafter, there shall be no change of the use of any land, structure of portion thereof, construction, erection, structural change, alteration of, or addition to, any structure or portion thereof, construction, grading or earth moving, and/or erection of any stationary sign unless and until a valid Zoning Permit has been approved by, and acquired from, the Hilltown Township Zoning Officer or his or her designated representative. Failure to obtain a Zoning Permit shall constitute a violation of this chapter as herein provided.